Journal of the Senate of the State of Georgia, regular session 2006 commenced at Atlanta, Georgia, Monday, January 9, 2006 and adjourned March 30, 2006

Compiler's Note
The Journal of the Senate for the regular session of 2006 is bound in two separate volumes. Volume One contains January 9, 2006 through March 22, 2006. Volume Two contains March 23, 2006 through March 30, 2006 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 2006
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 9, 2006 and adjourned March 30, 2006
Printed on Recycled Paper

OFFICERS
OF THE
STATE SENATE
2006
MARK TAYLOR .............................................................. President (Lieutenant Governor) DOUGHERTY COUNTY
ERIC JOHNSON.............................................................................. President Pro Tempore CHATHAM COUNTY
ROBERT F. EWING........................................................................ Secretary of the Senate DEKALB COUNTY
MATTHEW HILL..................................................................................... Sergeant at Arms BARTOW COUNTY
STAFF OF SECRETARY OF SENATE
JOHN BARBOUR........................................................................................... Journal Clerk DEKALB COUNTY
AUDRA DEANNE DODD ................................................................ Assistant to Secretary DEKALB COUNTY
AGNES DOSTER ..................................................................................Assistant Bill Clerk GWINNETT COUNTY
FREIDA ELLIS..................................................................................................... Bill Clerk FULTON COUNTY
JEFFREY FOLEY..................................................................................... Deputy Secretary DEKALB COUNTY
CHEREE HARPER............................................................................................ Index Clerk FULTON COUNTY
MICHELLE SIMMONS ........................................................... Enrolling/Engrossing Clerk COBB COUNTY
DEBBIE SORRELLS................................................................ Assistant Deputy Secretary DEKALB COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 2005-2006

Senators

District

Address

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Seth Harp (R) .............................................29 .........................................................Midland

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

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

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

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

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

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

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

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

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

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

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

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

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

Chip Pearson (R) .......................................51 ..................................................Dawsonville

J.B. Powell (D) ..........................................23 ........................................................... Blythe

Kasim Reed (D) .........................................35 .......................................................... Atlanta

Chip Rogers (R) .........................................21 ....................................................Woodstock

Nancy Schaefer (R) ...................................50 .................................................... Turnerville

Mitch Seabaugh (R) ...................................28 ....................................................Sharpsburg Valencia Seay (D) ......................................34 ................................................. College Park David Shafer (R) ........................................48 ........................................................... Duluth Preston Smith (R) ......................................52 .............................................................Rome Terrell Starr (D) .........................................44 ......................................................Jonesboro Cecil Staton (R) .........................................18 ........................................................... Macon Bill Stephens (R) .......................................27 ...........................................................Canton Doug Stoner (D) ........................................06 ..........................................................Smyrna Ed Tarver (D) .............................................22 .........................................................Augusta Horacena Tate (D) .....................................38 .......................................................... Atlanta Don Thomas (R) ........................................54 ........................................................... Dalton Regina Thomas (D) ...................................02 .......................................................Savannah Curt Thompson (D) ...................................05 ........................................................Norcross Steve Thompson (D) ..................................33 .........................................................Marietta Ross Tolleson (R) ......................................20 ............................................................. Perry Renee Unterman (R) ..................................45 ...........................................................Buford Dan Weber (R) ...........................................40 .................................................... Dunwoody Jim Whitehead, Sr. (R) ..............................24 ............................................................ Evans John Wiles (R) ...........................................37 ..................................................... Kennesaw Tommie Williams (R).................................19 ............................................................ Lyons Sam Zamarripa (D) ....................................36 .......................................................... Atlanta

MONDAY, JANUARY 9, 2006

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The Senate Chamber, Atlanta, Georgia Monday, January 9, 2006 First Legislative Day

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

The following communication from His Excellency, Governor Sonny Perdue, was received by the Secretary:

Writ of Special Election

The official elected to represent District 22 of the Georgia Senate has been suspended pursuant to Article II, Section III, Paragraph II of the Constitution of the State of Georgia. Therefore, pursuant to Article II, Section III, Paragraph II of the Constitution and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on September 20, 2005, to fill the temporary vacancy in District 22 of the Georgia Senate. This 3rd day of August, 2005.

/s/ Sonny Perdue GOVERNOR
Senator Zamarripa of the 36th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

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

Adelman Balfour Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans

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

Shafer,D Smith Starr Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson

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Golden Grant Hamrick Harbison Harp Heath Henson

Pearson Powell Reed Rogers Schaefer Seabaugh Seay

Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Brown

Stephens (Excused)

Thompson, S (Excused)

Senator Butler of the 55th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.

The members pledged allegiance to the flag.

The President introduced the chaplain of the day, Dr. William E. Flippin, Sr. of Atlanta, Georgia, who offered scripture reading and prayer.

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

The following communication from the Honorable Cathy Cox, Secretary of State, certifying the Senator-Elect in the Special Election of 2005, was received and read by the Secretary:

THE STATE OF GEORGIA

OFFICE OF SECRETARY OF STATE

I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 20th day of September, 2005, in District 22 of the State Senate, in a portion of Richmond County, to fill the vacancy existing due to the resignation of the Honorable Charles Walker.

Having received a majority of the votes cast, Ed Tarver was duly elected to this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 23rd day of September, in the year of our Lord Two

MONDAY, JANUARY 9, 2006

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Thousand and Five and of the Independence of the United States of America the Two Hundred and Thirtieth.
/s/ Cathy Cox Secretary of State
The following communications were received by the Secretary:
OFFICIAL OATH OF GEORGIA STATE SENATOR
SENATE DISTRICT 22
GEORGIA STATE SENATE
"I do solemnly swear or affirm that I will support the Constitution of this state and of the United States, and on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of the state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
So help me God."
This 27th day of September, 2005
/s/ Ed Tarver STATE SENATOR
Sworn to and subscribed before Chief Judge John Ruffin, Jr. Court of Appeals of Georgia Atlanta, Georgia as shown on the accompanying certificate.
Court of Appeals of Georgia Atlanta, Georgia

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Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

I, Chief Judge John Ruffin, Jr., do hereby certify by my signature below that I have this date, September 27, 2005, at 11:00 a.m., in the Augusta Commission Chamber, Richmond County, Augusta, Georgia, administered the following Oath of Office to the Honorable Senator-Elect Ed Tarver of the 22nd District for the duration of the 2005-2006 term:
"I do solemnly swear or affirm that I will support the Constitution of this state and of the United States, and on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state, or due any political subdivision or authority thereof; and that I am not the holder of any office of trust under the government of the United States, of any other state, or any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
So help me God."
SIGNED: John H. Ruffin, Jr. DATED: 9/27/05

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

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

September 22, 2005

The State Senate Atlanta, Georgia 30334

MONDAY, JANUARY 9, 2006

5

Senator Edward Tarver 3118 Natalie Circle Augusta, Georgia 30909

Dear Senator Tarver:

Congratulations on your recent election to represent the 22nd District of the Georgia State Senate!

On behalf of the Committee on Assignments, I am pleased to inform you of your appointments to serve on the following Senate Committees:

Agriculture and Consumer Affairs Interstate Cooperation State Institutions and Property Veterans and Military Affairs

I look forward to working with you during the upcoming 2006 Session of the Georgia General Assembly. Please feel free to contact me if I can assist you in any way.

Sincerely,

/s/ Eric Johnson President Pro Tempore

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

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules
The State Senate Atlanta, Georgia 30334

November 14, 2005

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

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Dear Frank,
The Committee on Assignments has appointed Senator John Douglas as an ex-officio member of the Senate Banking and Financial Institutions Committee for the 2005-2006 legislative term.
If you have any questions, please feel free to call me or my chief of staff, Amanda Seals, at 404.656.5109.
Sincerely,
/s/ Eric Johnson Senate President Pro Tempore
The President addressed the Senate.
Senator Eric Johnson, President Pro Tempore, addressed the Senate.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 378. By Senators Wiles of the 37th, Hill of the 32nd, Rogers of the 21st and Stoner of the 6th:
A BILL to be entitled an Act to amend Code Section 42-1-13 of the Official Code of Georgia Annotated, relating to registered sex offenders residing within areas where minors congregate, so as to change the distance requirement; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 381. By Senators Harp of the 29th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

MONDAY, JANUARY 9, 2006

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SB 382. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Titles 5, 7, and 19 of the O.C.G.A., relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the direct appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 383. By Senators Smith of the 52nd, Williams of the 19th, Hamrick of the 30th, Schaefer of the 50th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the clerk of superior court shall also serve as clerk of the state court, magistrate court, and juvenile court of the county; to provide for exceptions; to change the provisions relating to bonds; to change the provisions relating to personnel; to change the provisions relating to compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 384. By Senators Hudgens of the 47th and Rogers of the 21st:
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 Interstate Insurance Product Regulation Compact; to help states join together to establish an interstate compact to regulate designated insurance products; to provide for implementation of such compact; to provide for the Interstate Insurance Product Regulation Commission; to provide for organization of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SB 385. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 386. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition of state senatorial districts and, in particular, Senate Districts 46, 47, and 49; to provide for the election of such Senators; to provide when such Senators so elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.
SR 641. By Senator Stoner of the 6th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that persons elected to office who were the nominees of political parties and bodies may not change their party affiliation except under certain circumstances; to provide for the vacation of the persons office under certain circumstances; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the State and Local Governmental Operations Committee (General).
The following resolutions were read and adopted:
SR 643. By Senator Harp of the 29th:
A RESOLUTION recognizing January 24, 2006, as "LaGrange College Day" in the State of Georgia and celebrating the 175th anniversary of LaGrange College; and for other purposes.

MONDAY, JANUARY 9, 2006

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SR 644. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.
SR 645. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.

The President appointed as a Committee of Notification on the part of the Senate the following Senators: Williams of the 19th, Brown of the 26th, Starr of the 44th, Schaefer of the 50th, Chance of the 16th, Adelman of the 42nd and Tarver of the 22nd.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following Resolutions of the House:
HR 1042. By Representatives Keen of the 179th and Ehrhart of the 36th:
A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes.
HR 1043. By Representatives Keen of the 179th and Ehrhart of the 36th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
HR 1044. By Representatives Keen of the 179th and Ehrhart of the 36th:
A RESOLUTION relative to adjournment; and for other purposes.

The following resolutions were read and adopted:

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HR 1044. By Representatives Keen of the 179th and Ehrhart of the 36th:

A RESOLUTION

Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Friday, January 13, 2006, and shall reconvene on Monday, January 23, 2006.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 2006 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
HR 1043. By Representatives Keen of the 179th and Ehrhart of the 36th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
Senator Williams of the 19th asked unanimous consent that the following legislation, having been placed on the Table in the 2005 Legislative Session, be taken from the Table and committed to the Senate Rules Committee:
The consent was granted, and the following bills were taken from the Table and committed to the Senate Rules Committee:
HB 218. By Representatives Stephens of the 164th, Horne of the 71st and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; to amend Code Section 50-18-72 of the Official Code of

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Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records of an agency engaged in a program of economic development; to provide for disclosure of such records under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Mullis of the 53rd.
Referred to the Senate Rules Committee.
SR 34. By Senators Cagle of the 49th, Balfour of the 9th, Moody of the 56th, Carter of the 13th, Pearson of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Senate Rules 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 Senate Rules Committee.
Senator Williams of the 19th asked unanimous consent that all of the legislation listed on the Senate Calendar for today be committed to the committee from which each was last reported.
The consent was granted and the legislation listed on the Senate Calendar for today was committed to the following Senate Committees:
SB 11. By Senators Golden of the 8th, Stoner of the 6th, Meyer von Bremen of the 12th and Jones of the 10th:
A BILL to be entitled an Act to amend Code Section 33-9-40.2 of the Official Code of Georgia Annotated, relating to workers compensation insurance premium discount for insured with drug-free workplace program, so as to

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remove the existing eight-year limitation on the application of the discount; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 30. By Senators Pearson of the 51st, Seabaugh of the 28th, Williams of the 19th, Cagle of the 49th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to proceedings before a special master, so as to provide for inverse condemnation proceedings before a special master; to change certain provisions regarding definitions; to provide for procedures, conditions, and limitations; to provide for damages; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 31. By Senators Smith of the 52nd, Heath of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior court, so as to provide for a fourth judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 32. By Senators Smith of the 52nd, Mullis of the 53rd, Tolleson of the 20th, Kemp of the 46th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 15-9-1 of the Official Code of Georgia Annotated, relating to election and term of judges of the probate court, so as to provide that the office of judge of probate court shall be elected on a nonpartisan basis; to amend Code Section 21-2-138 of the Official Code of Georgia Annotated, relating to nonpartisan elections for judicial offices, so as to provide for the election of judges of probate court at

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nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 64. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
SB 74. By Senators Rogers of the 21st, Goggans of the 7th, Tolleson of the 20th, Hill of the 32nd, Chance of the 16th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the Quality Basic Education Act, so as to provide that no high school which receives funding under such article shall participate in, sponsor, or provide coaching staff for interscholastic athletic events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the charter, bylaws, or other governing documents of such athletic association comply with certain requirements and standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 77. By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to

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provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 102. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th, Mullis of the 53rd, Smith of the 52nd and others:
A BILL to be entitled an Act to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sickness insurance, so as to clarify a definition; to require that insurers offering coverage in the individual market must participate in the assigned risk pool and may take adverse underwriting action on the basis of permitted health status factors and other evidence of insurability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 116. By Senators Mullis of the 53rd, Hamrick of the 30th, Smith of the 52nd, Thomas of the 54th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain precursor chemicals; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations regarding precursor chemicals and licenses and permits; to provide for licensing and permitting of persons who sell, transfer, manufacture, purchase for resale, or otherwise furnish or possess precursor chemicals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to the Health and Human Services Committee.
SB 123. By Senators Whitehead, Sr. of the 24th, Johnson of the 1st and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide

MONDAY, JANUARY 9, 2006

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that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for an emergency contraceptive drug which purpose is to induce and effect an abortion; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 156. By Senators Tate of the 38th, Fort of the 39th, Henson of the 41st, Butler of the 55th, Zamarripa of the 36th and others:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to create the Georgia Microbial Contamination Commission; to provide a short title; to provide definitions; to provide for members, meetings, rules and regulations, compensation, annual report, and budget unit; to provide for duties and powers of the commission; to require licensure of persons engaged in the microbial profession; to provide for the office of commissioner of the commission; to provide for a treasurer; to provide for the disposition of fees collected under chapter; to provide for inspections by the commissioner; to provide for injunctions; to provide for investigation of complaint; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 179. By Senators Hamrick of the 30th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions relative to the lottery for education, so as to remove capital outlay projects from inclusion in the educational purposes and programs for which lottery proceeds may be used; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

SB 180. By Senators Hamrick of the 30th and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide for the introduction of legislation; to

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provide for the joint sponsorship of legislation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
SB 182. By Senators Thompson of the 5th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that the death of an inmate in state custody shall be reported on the individual offender records maintained on the Internet website of the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SB 186. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to change certain provisions relating to establishment of the authority, appointment of members, terms of office, vacancies, removal from office, compensation, authoritys existence, and accountability of members; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 200. By Senators Thomas of the 2nd, Fort of the 39th, Tate of the 38th, Brown of the 26th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Article 13 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to PeachCare for Kids, so as to provide for the treatment of delinquent premium payments for PeachCare eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 205. By Senators Cagle of the 49th, Pearson of the 51st, Harbison of the 15th and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the O.C.G.A., relating to prohibited acts relative to alcoholic beverages, so as to

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make it unlawful for a person under 21 years of age to consume an alcoholic beverage; to provide for the suspension of the drivers license of a person under 21 years of age convicted of consuming an alcoholic beverage; to provide for the suspension of drivers licenses for certain conduct relating to furnishing or acting as an agent to purchase alcoholic beverages for a person under 21 years of age; to amend Article 3 of Chapter 5 of Title 40 of the O.C.G.A., relating to the cancellation, suspension, and revocation of drivers licenses; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 214. By Senators Rogers of the 21st, Johnson of the 1st and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Reapportionment and Redistricting Committee.

SB 218. By Senators Rogers of the 21st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for a risk pool board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator; to provide for the duties of the Commissioner of Insurance with respect to the board and pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Insurance and Labor Committee.

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SB 232. By Senators Carter of the 13th, Seabaugh of the 28th, Harp of the 29th, Rogers of the 21st, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to determination of the standard of care and determination of whether that standard has been breached in deciding certain actions relating to the provision of emergency medical services by a hospital or health care provider; to define terms; to state findings; to provide for factors to be considered and practice and procedure; to provide for related matters; to provide for construction with respect to other Acts; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

SB 241. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Douglas of the 17th:
A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as change provisions relating to the legal effect of electronic records and signatures; to change provisions relating to notarized documents; to amend Code Section 15-10-53 of the Official Code of Georgia Annotated, relating to filing documents by electronic means, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

SB 243. By Senators Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Whitehead, Sr. of the 24th and Balfour of the 9th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 49 of the An O.C.G.A., relating to general provisions relative to services for the aging, so as to provide for the development of a strategy for disseminating information to the public concerning the availability of pharmaceutical assistance programs and pharmaceutical discount purchasing card programs; to provide for the coordination of such dissemination of information through the Division of Aging Services of the Department of Human Resources; to provide for the establishment and maintenance of a website and a toll-free telephone number for the dissemination of information; to ensure that area agencies on

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aging receive adequate information concerning the services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 245. By Senators Heath of the 31st, Rogers of the 21st, Carter of the 13th, Pearson of the 51st, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 10 of the O.C.G.A., relating to business records, so as to require a person or business that conducts business in this state and that owns or licenses computerized data that includes personal information to disclose in specified ways any breach of the security of the data to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person; to permit notification to be delayed if a law enforcement agency determines that it would impede a criminal investigation; to provide for certain civil actions; to define certain terms; to amend Chapter 18 of Title 50 of the O.C.G.A.; to define certain terms; to provide for legislative findings and declarations; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 250. By Senators Weber of the 40th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the O.C.G.A., relating to postsecondary education, so as to extensively revise Article 5 of the chapter, the "Georgia Education Authority (University) Act"; to change the definition of certain terms used in the Act and thereby affect the scope of activities of the authority; to authorize the authority to carry out projects related to the State Board of Technical and Adult Education and institutions under its control as well as projects related to the Board of Regents of the University System of Georgia and institutions under its control; to change provisions relating to the membership, staff, and administrative assignment of the authority; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 251. By Senators Shafer of the 48th, Hamrick of the 30th, Heath of the 31st, Zamarripa of the 36th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as

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to provide a short title; to provide legislative findings; to provide definitions; to require certain business entities to give notice to consumers of certain security breaches; to provide for causes of actions and damages for unauthorized or improper access of personal information of consumers; to provide for certain criminal penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 266. By Senators Unterman of the 45th, Grant of the 25th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by persons with disabilities, so as to require that certain taxicab companies operating in this state shall have a certain number of taxicabs that are accessible to persons in motorized wheelchairs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 275. By Senators Seabaugh of the 28th, Zamarripa of the 36th and Pearson of the 51st:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the incorporation of townships; to change certain provisions regarding incorporation of municipalities; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of certain definitions regarding municipal corporations; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 276. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local boards of education relative to public school property and facilities, so as to provide that a local board of education shall not exercise the power of condemnation if another appropriate parcel or parcels of private property located within three miles is for sale for purchase outright; to provide for procedures which shall be followed by a local board of education before exercising the right of eminent domain; to provide for related matters; to

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provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 298. By Senators Shafer of the 48th, Hudgens of the 47th, Thomas of the 54th, Unterman of the 45th, Williams of the 19th and others:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings; to amend Code Section 33-24-10.1 of the Official Code of Georgia Annotated, relating to standard or uniform claim form, so as to provide a definition; to authorize the Commissioner of Insurance to establish by rule or regulation a standard or uniform explanation of benefits form relating to certain health insurance policies and contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 301. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for a technology fee to be collected in certain courts; to provide for the uses of said technology fee; to provide for technology boards in each judicial circuit; to provide an effective date; to provide for a repealer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 307. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal Chapter 16, relating to establishment of county historical containers in the office of the probate judge upon the recommendation of two successive grand juries; to provide that this Act shall not preclude the maintenance of any existing historical container; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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SB 316. By Senators Chance of the 16th, Carter of the 13th, Stephens of the 27th, Schaefer of the 50th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the O.C.G.A., relating to crimes involving obscenity and related matters and minors, so as to change provisions relating to the crime of electronically furnishing obscene material to minors; to provide that a person commits this crime if such person furnishes to an individual whom the person knows or should have known is a minor any product which contains or reveals or gives access to any user name, log-in code, password, number, or other information which enables a person to access one or more Internet sites containing certain material which is harmful to minors in that it appeals to and incites prurient interest; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

SR 38. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Stoner of the 6th, Jones of the 10th, Starr of the 44th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for financial assistance grants to families of residents of this state who are members of the National Guard or reserve forces or reserve components of the armed forces of the United States and who have been engaged in military duty for extended periods and the creation and administration of a nonlapsing trust fund for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Appropriations Committee.

SR 41. By Senators Brown of the 26th and Johnson of the 1st:
A RESOLUTION creating the Senate Music Industry Committee, an interim study committee, and a citizens advisory council thereto; and for other purposes.

Referred to the Economic Development Committee.

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SR 86. By Senators Chance of the 16th, Seay of the 34th, Carter of the 13th, Staton of the 18th, Rogers of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting the Georgia Center for the Book; to provide for the donation of revenue derived from the sales of such license plates to such organization and for deposit other than into the general fund; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 268. By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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HB 346. By Representatives Barnard of the 166th, Keen of the 179th, Harbin of the 118th, Stephens of the 164th, Graves of the 137th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, so as to provide for methods of payment of lottery tickets; to authorize the establishment of a financial account; to provide for the deposit of funds into individual accounts by members of the public; to provide for methods of deposit; to provide that no funds deposited shall be refunded; to provide for abandoned accounts; to authorize and direct the board of trustees to devise a method pursuant to which a person who is eligible to purchase a Georgia lottery ticket may purchase a share in a lottery game by means of a public or private computer terminal or other electronic means; to provide for periodic progress reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
HB 467. By Representatives Heard of the 104th, Franklin of the 43rd, Graves of the 12th, Morgan of the 39th and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 26-2-373 of the Official Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, so as to require additional standards on certain matters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Tuesday, January 10, 2006.
The motion prevailed, and the President announced the Senate adjourned at 11:04 a.m.

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Senate Chamber, Atlanta, Georgia Tuesday, January 10, 2006 Second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following Senate legislation was introduced, read the first time and referred to committee:

SB 372. By Senators Rogers of the 21st, Hill of the 32nd, Wiles of the 37th, Seabaugh of the 28th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Title 42 of the O.C.G.A., relating to penal institutions, so as to change registration requirements and areas where certain offenders can reside as it affects sexual offenders; to reorganize and change provisions related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 373. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans licenses, honorary licenses, and other distinctive licenses, so as to provide for an honorary license for the

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unremarried surviving spouse or child of certain deceased military persons; to provide for conditions; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 376. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide an exemption for certain spouses and children of certain deceased military persons; to define a certain term; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 377. By Senators Hill of the 32nd, Rogers of the 21st and Wiles of the 37th:
A BILL to be entitled an Act to amend Titles 16, 17, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, and penal institutions, so as to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to sodomy and aggravated sodomy; to change certain provisions relating to statutory rape; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 387. By Senator Butler of the 55th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Clarkston ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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

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for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 388. By Senators Seabaugh of the 28th, Balfour of the 9th, Johnson of the 1st and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 46-5-164 of the Official Code of Georgia Annotated, relating to interconnection among certificated local exchange companies, so as to provide that in the event of a natural disaster for which federal relief is awarded a local exchange carrier may assess a storm surcharge not to exceed 10 percent of the existing commission approved rate for a period of one year from the date of the disaster; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

SB 389. By Senators Seabaugh of the 28th, Balfour of the 9th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 46-5-164 of the Official Code of Georgia Annotated, relating to interconnection among certificated local exchange companies, so as to create a funding source for the Georgia Broadband Education Commission from the payments made to the state pursuant to any penalty or performance plans; to promote parity among local exchange carriers; to provide for related matters; to repeal conflicting laws; and for other purposes
Referred to the Regulated Industries and Utilities Committee.
SB 390. By Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of the 45th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions

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relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 391. By Senators Chapman of the 3rd, Heath of the 31st, Hill of the 32nd, Reed of the 35th and Staton of the 18th:
A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to provide for a moratorium upon the exercise of the power of eminent domain for purposes of urban development; to provide for exceptions; to provide a statement of legislative findings and a statement of intent; to provide for conflicts and construction; to provide for severability; to provide for applicability; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 392. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to parks, historic areas, memorials, and recreation, so as to define certain terms; to provide for a waiver of fees for certain spouses and children of certain deceased military persons; to provide for conditions; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 393. By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Chapman of the 3rd, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Code Section 16-5-90 of the Official Code of Georgia Annotated, relating to stalking, so as to provide enhanced penalties for certain aggravated violations of such statute; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 394. By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Douglas of the 17th, Chapman of the 3rd and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, so as to prohibit persons from using the Internet or electronic mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority or approval of the business; to provide definitions; to provide for penalties and sanctions; to provide for civil actions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 395. By Senators Staton of the 18th, Shafer of the 48th, Chapman of the 3rd, Chance of the 16th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone and telegraph service, so as to provide that no contract for cellular telephone service entered into in this state shall contain a requirement that such contract be extended or renewed for a longer term in order for the subscriber to obtain a change in the level or type of service provided under the contract; to provide that no cellular telephone service provider shall require that any of its subscribers enter into an extension or renewal of an existing cellular telephone service contract in order to obtain a change in the level or type of cellular telephone service provided by such provider; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 396. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead, Sr. of the 24th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for an immunity from prosecution; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 397. By Senators Goggans of the 7th, Thomas of the 54th, Stephens of the 27th, Balfour of the 9th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to requirements for transmitting prescriptions electronically or via facsimile; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SR 639. By Senator Seabaugh of the 28th:
A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes.
Referred to the Transportation Committee.
SR 642. By Senators Hill of the 32nd, Rogers of the 21st, Seabaugh of the 28th, Grant of the 25th, Douglas of the 17th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that no law providing for or increasing any state purpose tax or license fee shall become effective unless approved by a two-thirds majority of each branch of the General Assembly; to provide for an exception; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.
SR 649. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th:
A RESOLUTION congratulating the Court of Appeals of Georgia on the occasion of its 100th anniversary; and for other purposes.
Referred to the Rules Committee.
SR 652. By Senators Chapman of the 3rd, Heath of the 31st, Hill of the 32nd, Reed of the 35th and Staton of the 18th:
A RESOLUTION proposing an amendment to the Constitution so as to limit the power to take private property through eminent domain so that it shall not

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be used for economic development, including an increase in tax revenue, tax base, employment, or general economic health, or for redevelopment; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Judiciary Committee.

SR 655. By Senators Carter of the 13th, Harp of the 29th, Hamrick of the 30th, Kemp of the 46th, Chance of the 16th and others:

A RESOLUTION proposing an amendment to the Constitution of Georgia so as to protect lottery funds so that they may be reserved only for the HOPE Scholarship Program and other tuition grants, scholarships, or loans to enable citizens of this state to attend colleges and universities within this state, for voluntary pre-kindergarten, and for educational shortfall reserves; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Higher Education Committee.

The following committee report was read by the Secretary:

Mr. President:

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

SB 386 Do Pass

Respectfully submitted, Senator Rogers of the 21st District, Chairman

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.

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

Adelman Balfour Brown Bulloch Butler Cagle

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones

Shafer,D Smith Staton Stephens Stoner Tarver

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

Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay

Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering was Senator Starr (Excused).

The members pledged allegiance to the flag.

Senator Williams of the 19th introduced the chaplain of the day, Reverend Roger Wilkins of Hinesville, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 646. By Senator Meyer von Bremen of the 12th:

A RESOLUTION honoring the life and memory of Retired Master Sergeant Louie D. Davis; and for other purposes.

SR 647. By Senator Meyer von Bremen of the 12th:

A RESOLUTION commending Assistant Special Agent in Charge Dell Kirkland; and for other purposes.

SR 648. By Senators Johnson of the 1st, Wiles of the 37th, Hill of the 32nd, Rogers of the 21st, Thompson of the 33rd and others:

A RESOLUTION declaring January 7, 2006, as Betty L. Siegel Day in Georgia; and for other purposes.

SR 650. By Senators Seay of the 34th, Butler of the 55th, Reed of the 35th, Miles of the 43rd, Starr of the 44th and others:

A RESOLUTION commending Joseph H. Beasley; and for other purposes.

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SR 651. By Senators Seay of the 34th, Reed of the 35th, Butler of the 55th, Miles of the 43rd, Starr of the 44th and others:
A RESOLUTION recognizing and commending the Clayton County Ecumenical Service in celebration of the national observance in honor of Martin Luther King, Jr.; and for other purposes.
SR 653. By Senator Heath of the 31st:
A RESOLUTION recognizing and commending the Bremen High School Varsity Competitive Cheerleading Squad; and for other purposes.
SR 654. By Senators Heath of the 31st and Smith of the 52nd:
A RESOLUTION recognizing Fred Gunn, Jr.; and for other purposes.
SR 656. By Senators Butler of the 55th, Miles of the 43rd, Seay of the 34th, Tate of the 38th, Henson of the 41st and others:
A RESOLUTION honoring Xernona Clayton; and for other purposes.
SR 657. By Senator Shafer of the 48th:
A RESOLUTION celebrating the birth of Sibyl Ellen Hunter; and for other purposes.
SR 658. By Senator Shafer of the 48th:
A RESOLUTION celebrating the birth of Joseph Tucker Ausband; and for other purposes.
SR 659. By Senator Shafer of the 48th:
A RESOLUTION celebrating the birth of Caitlin Maye Hayes; and for other purposes.
SR 660. By Senators Carter of the 13th, Goggans of the 7th and Kemp of the 46th:
A RESOLUTION recognizing and commending the law enforcement officers involved in the pursuit and apprehension of an armed robbery suspect in South Georgia on June 3, 2005; and for other purposes.

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Senators Carter of the 13th, Goggans of the 7th and Kemp of the 46th recognized representatives of South Georgia law enforcement, commended by SR 660.
SR 661. By Senators Mullis of the 53rd, Hooks of the 14th, Goggans of the 7th, Whitehead, Sr. of the 24th, Harbison of the 15th and others:
A RESOLUTION proclaiming January 10, 2006, as "Sportmens Day at the Capitol"; and for other purposes.
Senators Mullis of the 53rd and Hooks of the 14th recognized January 10, 2006, as "Sportsmen's Day at the Capitol" commended by SR 661.
Serving as doctor of the day was Dr. Dan Callahan.
Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, January 11, 2006.
The motion prevailed, and the President announced the Senate adjourned at 10:53 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, January 11, 2006 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following Senate legislation was introduced, read the first time and referred to committee:

SB 398. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to change certain provisions relating to the courts instructions; to revise procedures related to psychiatric evaluations of defendants; to provide for a timeframe for forwarding the examination report to the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 399. By Senators Shafer of the 48th, Zamarripa of the 36th, Moody of the 56th, Reed of the 35th and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, so as to provide that a noncontiguous area within three miles of another noncontiguous area may be treated as the same noncontiguous area; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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SB 400. By Senators Tolleson of the 20th, Hill of the 4th, Adelman of the 42nd, Kemp of the 46th, Bulloch of the 11th and others:
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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 401. By Senators Jones of the 10th, Brown of the 26th, Douglas of the 17th, Williams of the 19th, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide for the licensure of personal trainers; to add a definition; to provide that the Georgia Board of Athletic Trainers shall establish guidelines for personal trainers; to provide that no person shall provide personal training without a license; to provide for qualifications for personal trainers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

SB 402. By Senators Jones of the 10th, Douglas of the 17th, Hill of the 4th, Adelman of the 42nd, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, so as to create a free distinctive license plate for recipients of the Bronze Star; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 403. By Senator Reed of the 35th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for a limited period of time for a sales and use tax

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exemption under certain circumstances of jet fuel sold to or used by certain qualifying airlines; to provide for early termination under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Finance Committee.

SB 404. By Senators Seabaugh of the 28th, Balfour of the 9th and Johnson of the 1st:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to create the Georgia Broadband Education Commission to educate the general public on the benefits of broadband technology and improving utilization of broadband technology within Georgia; to provide for the membership, appointment, terms, and duties of such commission; to provide that payments of any penalty or performance plans relating to local exchange companies be paid to the state and administered by the Georgia Broadband Education Commission; to promote parity among local exchange carriers; to provide for related matters; to provide a conditional effective date; to repeal conflicting laws; and for other purposes.

Referred to the Regulated Industries and Utilities Committee.

SR 675. By Senators Seabaugh of the 28th, Balfour of the 9th and Johnson of the 1st:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of a Georgia Broadband Education Trust Fund from which funds shall be disbursed for the purposes of educating the general public on the benefits of broadband technology and improving utilization of broadband technology within Georgia; to provide for payments into the trust fund; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Regulated Industries and Utilities Committee.

The following committee report was read by the Secretary:

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Mr. President:

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

HB 780 Do Pass

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

The following legislation was read the second time:

SB 386
Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Bulloch of the 11th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

Senator Henson of the 41st asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

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

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

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

Shafer,D Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Unterman Weber Whitehead Wiles Williams

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Not answering were Senators:

Fort Thompson, S (Excused)

Reed Tolleson (Excused)

Schaefer Zamarripa (Excused)

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

Senators:

Fort

Reed

Schaefer

The members pledged allegiance to the flag.

Senator Seay of the 34th introduced the chaplain of the day, Reverend Edward Johnson of Fayetteville, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 662. By Senator Golden of the 8th:

A RESOLUTION commending Police Chief C. Frank Simons; and for other purposes.

SR 663. By Senator Staton of the 18th:

A RESOLUTION expressing regret at the passing of Carroll Campbell; and for other purposes.

SR 664. By Senators Staton of the 18th, Brown of the 26th, Douglas of the 17th and Chance of the 16th:

A RESOLUTION expressing regret at the passing of Sergeant Philip Allan Dodson, Jr.; and for other purposes.

SR 665. By Senators Staton of the 18th, Brown of the 26th, Douglas of the 17th and Chance of the 16th:

A RESOLUTION expressing regret at the passing of Specialist Marcus Shawn Futrell; and for other purposes.

SR 666. By Senators Staton of the 18th, Brown of the 26th, Hooks of the 14th and Harp of the 29th:

A RESOLUTION commending Dr. R. Kirby Godsey; and for other purposes.

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SR 667. By Senators Staton of the 18th, Brown of the 26th, Douglas of the 17th and Chance of the 16th:
A RESOLUTION expressing regret at the passing of Corporal William Grady Taylor; and for other purposes.

SR 668. By Senators Smith of the 52nd, Kemp of the 46th, Stephens of the 27th, Heath of the 31st, Cagle of the 49th and others:
A RESOLUTION expressing regret at the passing of Gary Earl Tillman and Hannah Gail Tillman; and for other purposes.

SR 669. By Senators Smith of the 52nd, Kemp of the 46th, Stephens of the 27th, Heath of the 31st, Cagle of the 49th and others:
A RESOLUTION expressing regret at the passing of Anna Kipp; and for other purposes.
SR 670. By Senators Staton of the 18th, Douglas of the 17th, Chance of the 16th and Kemp of the 46th:
A RESOLUTION recognizing and commending the University of Georgia Bulldogs football team and Head Coach Mark Richt; and for other purposes.
SR 671. By Senators Kemp of the 46th, Hudgens of the 47th, Whitehead, Sr. of the 24th, Seabaugh of the 28th and Harp of the 29th:
A RESOLUTION commending the University of Georgia mens golf team; and for other purposes.
SR 672. By Senators Kemp of the 46th, Hudgens of the 47th, Whitehead, Sr. of the 24th, Seabaugh of the 28th and Harp of the 29th:
A RESOLUTION commending Coach Chris Haack; and for other purposes.
SR 673. By Senators Kemp of the 46th, Mullis of the 53rd, Miles of the 43rd, Tolleson of the 20th, Carter of the 13th and others:
A RESOLUTION commending the firefighters of Georgia and observing the 34th annual Firefighters Recognition Day; and for other purposes.

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SR 674. By Senators Staton of the 18th and Chance of the 16th:

A RESOLUTION congratulating Mr. William Charles Roquemore on the occasion of his 100th birthday; and for other purposes.

Senator Williams of the 19th asked unanimous consent that the following bill be withdrawn from the Senate Natural Resources and the Environment Committee and committed to the Senate Public Safety and Homeland Security Committee:

SB 373. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans licenses, honorary licenses, and other distinctive licenses, so as to provide for an honorary license for the unremarried surviving spouse or child of certain deceased military persons; to provide for conditions; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 373 was committed to the Senate Public Safety and Homeland Security Committee.

SENATE LOCAL CONSENT CALENDAR

Wednesday, January 11, 2006 Third Legislative Day

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

HB 780

Williams of the 19th TOOMBS COUNTY

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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:

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

On the passage of the local legislation, the yeas were 52, nays 0.

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

Senator Wiles of the 37th moved that the Senate adopt the Conference Committee Report #2 on SB 203.

SB 203. By Senator Wiles of the 37th:

A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, so as to authorize the recovery of attorneys fees and costs from persons who receive indigent defense services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Wiles of the 37th asked unanimous consent that Senate Rule 2-8.3b be suspended in order to allow the consideration of SB 203.

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Senator Thomas of the 2nd objected.
Senator Wiles of the 37th withdrew his motion that the Senate adopt the Conference Committee Report #2 on SB 203.
Senator Seay of the 34th introduced the doctor of the day, Dr. Spencer S. Brewer, Jr.
The President appointed as a Committee of Escort on the part of the Senate the following Senators: Schaefer of the 50th, Douglas of the 17th, Tolleson of the 20th, Harbison of the 15th, Cagle of the 49th, Stephens of the 27th and Kemp of the 46th.
Senator Williams of the 19th moved that the Senate stand in recess until the Joint Session; then, upon the dissolution of the Joint Session, stand in recess until 5:00 p.m. to enable HB 970 to be read for the first time and assigned to the Senate Finance Committee. The Senate would then stand adjourned until 10:00 a.m., Thursday, January 12, 2006.
The President announced the motion prevailed at 10:48 a.m.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by His Excellency, Governor Sonny Perdue, was called to order by the Speaker of the House. HR 1043 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
His Excellency, Governor Sonny Perdue, addressed the Joint Session of the Senate and the House of Representatives as follows:
Mr. President, Mr. Speaker, Senator Johnson, Representative Burkhalter ... Members of the General Assembly. Constitutional officers and members of the judiciary. The Consular Corps and other distinguished guests. And, most of all, my fellow Georgians:
Today marks the fourth time you've allowed me to come before you to report on the state of our great State of Georgia.
In my first address I spoke of dark clouds and a troubled economy battered by recession. The seas were stormy, but we were determined to find our way to a New Georgia safe, healthy, educated and growing.
Last year, I reported an economic recovery was underway. Georgians were going back to work. The clouds were parting.

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Today I'm happy to say that our progress has continued over the last twelve months. Our job growth has surged. Our communities and our state grow stronger each day.
We're putting the dark clouds behind us. And we have many more sunny days ahead.
With our economy growing again, we should give credit where credit is due.
Georgia's economic comeback is, above all, a tribute to our strengths as a state and to the optimism and enterprise of our citizens.
I'm proud of the millions of Georgians who have done the hard work of leading our recovery
The small business owners who grow companies that create good jobs for Georgia families.
The investors and entrepreneurs who take the risks of bringing new ideas to market.
The Georgia workers who are more productive and better prepared to compete in the global economy.
I'm proud too of the thousands of new Georgians who move to our state each year from across the country and around the world. Georgia today is the 9th largest state and one of the fastest growing in the nation. At last count, there are over 9 million Georgians.
People keep coming to our state because Georgia is a great place to live, to get an education, to work and to raise a family.
Georgia is a state of opportunity. Our job is to make sure it remains so. And the best way for those of us in public office to do that is to remember that government doesn't create jobs, growth and prosperity our people do.
Government's role is to create fertile opportunities for Georgians to succeed and prosper. Today I want to share with you my 2006 legislative agenda and budget priorities, which do exactly that.
My agenda for Georgia is based on what Georgians themselves have told me are their priorities education ... children ... jobs ... safe communities. And a state government that lives within its means and that respects individual liberty.
This should be a familiar list, because these have been my priorities from my first day in office. This year, thanks to our growing economy, we have additional resources to invest in our priorities. I am projecting one and quarter billion dollars in new revenues for 2007.

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That strong revenue gain gives us all a sense of relief. But our improving revenues are no cause for complacency.
A growing population is good, but more Georgians means more kids in our schools, more drivers on our roads, more patients in health care system. These are the unavoidable obligations that come with growth, just like the arrival of a new baby at home. Meeting those obligations will consume much of our new revenue.
But not all of it. What makes this year's budget different is what we've done together over the last three years to make our state government more efficient and effective.
The $640 million deficit we inherited three years ago made changing state government's culture of spending not just a good idea, but also a necessity.
We asked each state agency to identify its core mission and to prioritize its budget requests. We took a hard look at every program and cut those we could do without.
I established the Commission for a New Georgia and asked some of our state's top business leaders to recommend ways we could improve the operations of state government. Implementing their recommendations has already saved the taxpayers millions of dollars. And those savings will multiply over the years.
In total, thanks to our sound fiscal management and conservative budgeting, we reduced the size of state government by over $1 billion per year, while also creating a surplus and rebuilding our rainy day fund.
Because we made the tough decisions then, we are now able to make some of the important investments we had to defer when times were lean, just as we must do in our family budgets.
And we will begin with our top priority education.
My education budget has a strong classroom focus because the classroom is where learning happens. It is only common sense that we should spend our education dollars where they can do the most good and have the biggest direct impact on student achievement.
That is exactly why I've asked you to establish a standard for local school districts to spend at least 65% of their budgets in the classroom.
I believe that, next to having parents involved in their children's education, the single best thing we can do for our students is to keep dedicated and experienced teachers in our classrooms.

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Of course, we all know that a teacher's workday begins long before the first class starts and continues long after the last bell sends the students home.
As the son of a teacher, I also know this from personal experience. My mother taught English, but she taught her students much more than the fundamentals of reading, writing and grammar. She taught them lessons of character and responsibility and helped them gain the confidence and skills they needed to succeed. Each of us recalls those teachers who inspired us and challenged us to excel. Those of us who are parents know the importance of good teachers in our own children's' lives. And everyone recognizes the critical role teachers play in preparing the next generation to assume their roles in society.
That is why all of us appreciate the demanding and important work that Georgia's teachers do. And that is why I want to give all of our teachers a well-deserved 4% pay raise.
More than half of teachers will receive a 7% raise. Just as importantly,,, my budget also provides teachers health insurance with... NO increase in premiums.
And let me tell you one more thing. As long as the people of Georgia trust me to be their Governor, our Georgia teachers will remain the highest paid teachers in the Southeast.
Today, I want to share with you, and our teachers, some additional good news. As we all know, many of our teachers dig into their own pockets each school year to purchase classroom materials and supplies.
Teachers buy extra pencils and notebooks for their students ... decorations for the bulletin board ... materials for a class project ... the list is just about endless. But the important point is that teachers are spending their own money to help our children learn.
That dedication deserves recognition. It also deserves a little bit of extra help from us. That's why I've included $10 million in my budget to provide every Georgia teacher with one of these ... the Classroom Gift Card.
The Classroom Gift Card works just like the store gift cards that many of us found in our stockings at Christmas. Each Classroom Gift Card will be worth 100 dollars that teachers can use to purchase school supplies during Georgia's Back To School sales tax holiday this fall. It's just one more tool we can provide our teachers to help them do their important job.

Of course, showing respect for teachers means not just rewarding their hard work, but understanding that they are the ones on the front lines and who deserve a listening ear for

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their ideas. As I announced yesterday, this year we will meet another top request from teachers by reducing class sizes in grades K-8 through my Truth in Class Size legislation.
My budget includes $163 million for class size reductions. My budget also includes $447 million in bonds for classroom construction, for new equipment and for buying 1000 new school buses. That means new buses for every county in the state.
A strong classroom focus will help every district and every school improve. But there is another critical ingredient for raising student achievement and that's leadership.
Every team needs a great leader to set a great example. In our schools, that's the principal's job. And in those schools that most need improvement, solid leadership from the principal's office is essential.
With many of our most experienced principals approaching retirement, we must now recruit and train the next generation of educational leaders. My budget includes $3 million to recruit High Performance Principals to lead our Needs Improvement middle and high schools.
High Performance Principals have a proven record of raising student achievement results in the schools they lead. These are the leaders we want in our most challenged schools.
Ladies and gentlemen, as you know, sadly, nearly 40% of our students drop out of high school before earning their diplomas. In a state with as much promise as Georgia, that's an unacceptable waste of talent. It's high time for Georgia to make sure more of its students graduate from high school.
In the competitive global economy, dropouts will pay a steep price for their incomplete education. The jobs with a future are knowledge jobs. And you've got to have the knowledge before you get the job.
Our employers also pay the price of high dropout rates when they can't find enough skilled workers. That is why my budget targets $23.3 million to raise Georgia's graduation rates. This will put a completion counselor in every single high school in Georgia, with the sole purpose of working individually with students to encourage them to complete their education.
Overall, my budget devotes over 72% of our new revenues to education. They say the best time to plant an oak tree is 100 years ago. But the second best time to plant an oak tree is today. My friends, with this budget we are planting a forest of oaks for Georgia's children and their future.

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Getting a good education and finding that first job are doors of opportunity that should be open wide for every young Georgian.
Before I discuss our broader plans to spur job creation in Georgia, I want to highlight one initiative that is introducing a special group of young Georgians to the workplace.
The TeenWork initiative offers summer employment opportunities to teens in foster care. Last summer over 400 foster teens were employed by state agencies and private companies. Before starting work, each teen received training in basic job skills such as how to apply for a job, proper business attire and good time management.
Foster kids often lack the mentors and role models to teach them workplace fundamentals. The TeenWork program has given these foster teens a successful start in their working careers. But that doesn't surprise me.
I'm proud to tell you that the TeenWork Initiative was created by the First Lady's Children's Cabinet, chaired by the best champion Georgia's children have ever known -my lifelong partner and the love of my life, Mary Perdue.
Through the Our Children Campaign, Mary has encouraged thousands of Georgians to get involved in meeting the needs of abused and neglected children within their communities. She has organized three statewide Summits on our Children to raise public awareness of children's issues.
Last year, Mary and the Children's Cabinet helped launch the Foster Family Foundation of Georgia. The Foundation is an independent, non-profit organization that will recruit, train, and support both foster and adoptive families.
That's only a fraction of Mary's many efforts to improve the lives of Georgia's children. I'm not bragging when I say I work hard as your Governor. But I want you to know that your First Lady works just as hard for this cause so close to her heart.
And, Mary, I want you to know how proud I am of you and the example you set of caring for all of Georgia's children.
In a very real sense, everything we do to strengthen and improve our state is for the sake of our children and grandchildren.
I know that being a proud father and grandfather strengthens my determination that the next generation of Georgians will inherit from us a state where they can aspire to a better education, a better job and a better life. And a state with its priorities clear ... and its books in order.

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Yes, we want these things for ourselves. But, above all, don't we want to leave our children a better world?
Yet, for many parents, improving life for their children isn't just about hopes and dreams for the future ... it's also a question of economic survival in the here and now.
For today's families, child care is a critical need. That is why I am proposing we enact a Georgia Child Care Tax Credit in addition to the existing federal tax credit. The new Georgia Child Care Tax Credit will return $50 million to working parents by 2008, to help with child care expenses.
Helping parents and families afford child care is the kind of practical step that government should take to help create the conditions for prosperity.
Government should be about the business of empowering Georgians to learn more, earn more and save more.
Government should also make the wise long-term investments that will help our economy keep growing and keep creating jobs for decades to come.
You see, in the 21st century global economy we have only two options. Georgia can lead or Georgia can be left behind.
I want to guarantee you this as long as I'm your Governor, Georgia is going to lead.
To lead, we must innovate. That means, we must become a State of Innovation.
That means making innovation our competitive advantage in every area of our economy in our existing industries, in our homegrown small businesses and in the growth industries of the future, such as life sciences and nano-manufacturing.
These are the industries that will cure cancer ... improve our food safety and supply ... and provide new sources of energy to power our lives and propel our state's economy forward.
Building an innovation economy requires three main ingredients: people, capital and infrastructure.
Georgia is investing in all three areas. We're investing $80 million this year alone.
Our Eminent Scholar program already brings world-class researchers to Georgia the scientists and inventors whose research changes lives and becomes the basis for new companies and new industries.

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Bringing university research from the lab to the market has helped us create successful companies in Georgia like Mindspring, now Earthlink ... and medical science leaders like Inhibitex and Theragenics.
At our Centers of Innovation, we are bringing our best university research together with top Georgia companies to make new advances in logistics, data processing, aeronautics, agriculture. New advances that will help Georgia companies become more competitive, grow more rapidly and create more jobs.
In the area of investment capital, we will budget $5 million to expand our Seed Capital Fund for early stage bioscience entrepreneurs. And $5 million for the Life Sciences Facilities Fund to help provide growing bioscience firms with the facilities they need to continue their growth here in Georgia.
To strengthen our investment infrastructure, I am recommending investments in nanotechnology, energy and broadband technology.
My budget includes $38 million in bonds to complete the construction of a Nanotechnology Research Center at Georgia Tech to establish Georgia as a global leader in this emerging industry.
To ensure Georgia's energy future, I am budgeting $2 million to seed research on developing alternative fuels, such as expanding our BioRefinery program at the University of Georgia.
Bio-fuels convert materials like wood chips, peanut hulls and other organic matter into viable energy sources. As a strong agricultural state, Georgia should be, and will be, a leader in this field. We'll be able to meet more of our own energy needs, reduce our dependence on foreign oil ... and turn a profit.
The third area of investment is broadband. I call broadband the new dial tone. Today, we could not imagine any business, much less an entire community, operating without access to reliable telephone service. Today, broadband internet access is just as important for our 21st Century communications infrastructure.
The goal of my Broadband Initiative is to ensure that every Georgia community is plugged in to the global economy with the broadband connectivity that individuals and businesses need.
I will ask the OneGeorgia Authority to establish a $5 million grant program to support rural broadband access. In addition, I am also proposing a $5 million initiative at the Georgia Technology Authority to partner with at least three Georgia cities to bring wireless broadband WiFi to their areas.

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With these, and the many other investments included in my budget, we will continue Georgia's transformation into a State of Innovation that will provide a growing economy, good jobs and thriving communities for our citizens.
As we build an educated and growing Georgia, we must also act to create a safer Georgia. We must get dangerous sexual predators off our streets and away from our children.
I know that with the General Assembly's help, Georgia will have the toughest sexual predator law in the nation by the end of this session.
And to ensure that we have enough prison space to keep dangerous criminals locked up, I am recommending $45 million to add more than 4,300 beds to the State's prison system and reduce the jail backlog burden on our counties.
Unfortunately, we are all too aware of a growing plague in our state methamphetamine. Meth destroys lives, attacks families, and undermines communities. Georgia has been a leader in battling the meth scourge. But we need to do more.
My budget includes $1 million to create a GBI "MethForce" to target and investigate meth-related crimes statewide.
I have also invited U.S. Attorney General Alberto Gonzales to come to Georgia and discuss stronger state and federal coordination of anti-meth efforts. He has accepted and will be here next month.
We will not allow the scourge of meth abuse to run unchecked in our state. Georgia will fight back ... and Georgia will win.
That's just the nature of our people. Show us a problem and we will find a solution.
That problem-solving, "get it done" attitude that comes so naturally to Georgians is exactly what they expect from their state government.
Another thing they expect and deserve is efficient, customer-friendly service.
One example of the emphasis we are placing on customer service was the excellent work of Joe Doyle and the Task Force he led to identify specific ways we can and will ensure that government services are easier to access, faster to complete and delivered by friendly people, with a smile.
Let me share just one success story with you. It is a story still in progress, because we've still got work to do. But I am proud of their results so far.

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Last year at this podium I said that if government didn't have a monopoly on the business of issuing drivers licenses, we'd be out of that business. I think that accurately summed up the frustration many Georgians felt over the long lines and headaches at the DMV.
So we created a new Department of Driver Services with one core mission -- getting Georgia drivers their licenses quickly, efficiently, and courteously.
Commissioner Greg Dozier and the nearly 750 Driver Services employees have taken their mission to heart and taken the licensing process to a whole new level.
We are hiring more license examiners, opening new service centers, enabling online change of address, and otherwise making the license renewal process more pleasant and convenient for busy Georgia drivers.
How much progress have we made? Well, radio listeners know that Neal Boortz is not exactly low maintenance when it comes to government services. But even Neal took time on the air to compliment his most recent license renewing experience.
So to Greg and all his team at the Department of Driver Services thank you, and keep up the good work.
Just as Georgians expect our government to provide excellent service, we also expect, and rightfully so, that government will respect our individual rights and liberties, including our property rights.
Last summer the Supreme Court of the United States took a hammer to property rights with their eminent domain decision. The Court ruled that government can use its awesome power to condemn your property and give it to another private owner, for private profit.
I say now what I said then the Court got it wrong. That's not the America I grew up in ... and that's not the America I want to live in. Private property is one of the bedrock foundations of our freedom. And I stand with Georgians in saying -- we will do whatever it takes to protect our personal property rights.
But government has another awesome power the power to tax. Whenever government takes more than it needs of your money we have a responsibility to give it back. And that is exactly what my budget does.
When rising gas prices brought a revenue windfall to government last fall, we returned $77 million to taxpayers by suspending the sales tax on gasoline.

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When skyrocketing natural gas prices produced another windfall to the state and made it more expensive for Georgians to heat their homes this winter, I asked the General Assembly to ratify my Executive Order cutting the sales tax on natural gas for home heating in half, giving up to $20 million back to Georgians.
On behalf of the people of Georgia, I want to thank you for your speedy action today on this important item.
There is another giving back story I want to share with you. We're giving back to Georgia seniors. They've worked hard and paid taxes all their lives. As we move toward my goal of eliminating the income tax for seniors, this year we will begin giving seniors $285 million in tax savings.
Additionally, we've provided $60 million in tax relief for small business.
We reformed our corporate tax system to provide greater incentives for companies to locate and grow in Georgia.
My proposed Land Conservation Tax Credit provides tax savings of up to a quarter of a million dollars for land donated by individuals, and half a million for corporate donations.
Along with the $5 million in my budget for local land conservation grants, this credit will help us reach Georgia's conservation goals.
Our annual sales tax holidays have helped Georgia parents pay for back to school clothing and supplies with over $10 million in savings.
We acknowledged the sacrifices of our National Guard by exempting the military income of Guard members on active duty from income tax a well-earned savings to military families of $4.5 million.
And we've delivered hundreds of millions of dollars in property tax relief to Georgia home owners. My budget this year fully funds the homestead tax exemption at $434 million.
Collectively, including my new proposals, we will have provided Georgians with more than two billion dollars in tax relief since I took office.
Spending only what we need and no more. Constantly seeking new efficiencies.
Aggressively returning money to the taxpayers.

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That's what it means for government to "live within its means." That's what it means for those of us entrusted with the management of government to meet our obligations of stewardship.
The people of Georgia are the owners of our state, the ultimate shareholders to whom we are all accountable.
As a growing economy brings a brighter revenue picture, we will not lose sight of these cornerstone truths.
We will continue to ask the tough questions and scrutinize every program and every line item. We will continue investing in Georgia families and their kitchen table issues, like education, jobs, and safe communities.
But one thing we won't do is go back to the bad spending habits of the past. As I said here last year, we've already burned the ships that could take us back. We're committed now to going forward, to building a New Georgia on the foundations of openness, accountability and stewardship.
In recent months, I have traveled to nearly every corner of our state. I've met with hundreds of Georgians. Farmers and students, small business owners and factory workers, young parents and retirees.
They share with me their stories of success ... their plans ... their dreams ... and their optimism about Georgia's future.
I feel very strongly about my responsibility to all of our citizens, as I know every member of this Legislature does.
But I must admit that there is one group of Georgians toward whom I feel an extra measure of responsibility our men and women in the Armed Forces serving overseas.
Especially on my mind are the troops of the Georgia National Guard's 48th Brigade, currently on active duty in Iraq.
I had the privilege of spending the Thanksgiving holiday with our troops in the Middle East.
I was humbled to travel to Iraq, and Afghanistan to express the gratitude, pride, and support that Georgians feel for these men and women -- our neighbors and family members -- who are giving so much to defend our freedom.

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I let our troops know that Georgians are keeping our promise to care for their families while they are away. Many Georgia companies and individuals have given to the Georgia National Guard Foundation, which I encourage you all to support.
Tens of thousands of Georgians are lending their support in countless other ways, including through their prayers.
As I visited with our soldiers, I asked if there was anything I could do for them.
They wanted Georgians to know that they understand their mission to help a true democracy take root in Iraq and they are committed to finishing the job.
Some wanted me to bring personal messages to their loved ones, which I did.
Others asked, "Governor, I want to know if there will be a job waiting for me at home when we finish the job here."
Last May, I proudly stood with our troops at Fort Stewart to salute them and wish them Godspeed as the 48th deployed to Iraq. But what I'm looking forward to this year is standing with our troops when Georgia welcomes them home.
This is the year the 48th comes home. And the least we can do as we welcome them back is ensure that every returning service member finds a job waiting for them in Georgia. As their Governor and commander-in-chief I have made a solemn pledge to our Guard members that this will be true.
Will you help me keep that promise?
Our citizen soldiers are performing heroic, world-changing work. Not only by fighting bravely, but through the small, day-to-day human victories. In this war against an inhumane creed of terrorism, our innate compassion and humanity are the most effective -- and gentlest -- weapon.
Thanks to Georgians, a better world is already coming into view for one young Iraqi baby Noor.
It was members of Georgia's 48th Brigade who helped give new life to 3-month-old Noor, an Iraqi newborn with a severe spinal cord defect that was untreatable in Iraq.
Our citizen-soldiers arranged to fly baby Noor and her grandmother to Atlanta, where doctors at Children's Health Care are have performed the life-saving surgery she needs at no charge.

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Baby Noor is still here in Atlanta, undergoing treatment. But when she returns to her parents in Iraq, she will bear a new name, a name that carries with it the promise of hope.
Her family has decided to call this precious little girl ... Georgia.
One of the soldiers of the 48th whom I met during my visit was Private Shane Parham of Social Circle. Private Parham served as a gunner on a Humvee. He was injured in the line of duty when his Humvee rolled over and is now back home in Georgia.
Shane has been recommended to receive the Bronze Star.
When he is not wearing our country's uniform, Shane serves the people of Georgia in the uniform of a Walton County deputy sheriff.
As a father of three young daughters, Shane Parham's love of children has given him a special insight into the significance of the work he and his comrades in the 48th are doing.
When he got back from Iraq, he had this to say: "If we can get these Iraqi children to like us, our children will not have to fight theirs."
That may be the wisest comment I have heard on the conflict in Iraq. Differences of religion, politics and culture aside, Iraqis love their children too, just like we do in Georgia.
And just like Georgians, Iraqi parents want a better life for their children. That was something they could never hope for. Now, thanks to a young Georgia father named Shane Parham ... and his thousands of fellow service members in the 48th Brigade and across the Armed Forces ... Iraqis have hope.
We are proud to have Private Shane Parham and his wife Wendy with us in the gallery today, along with Georgia's Adjutant General David Poythress.
Please join me in thanking General Poythress, Private Parham and all of our troops who are defending our freedom here and overseas.
Don't let anyone tell you our troops aren't making a difference. Everything we hope to build in Georgia and every dream we hope to attain for our state is made possible by the shield and protection that they provide.
They make possible the progress I expect to report when I return here next year. And they help ensure that for Georgia, as for all of America, our best days are always ahead of us.

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God bless America and God bless Georgia.

Senator Williams of the 19th moved that the Joint Session be hereby dissolved.

The motion prevailed, and the Speaker of the House announced the Joint Session dissolved.

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

Mr. President:

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

HB 970.

By Representatives Roberts of the 154th, Burkhalter of the 50th, O`Neal of the 146th, Golick of the 34th and Smith of the 129th:

A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for a partial exemption for a limited period of time with respect to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the natural gas commodity billed for residential use; to provide for legislative findings and intent; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the O.C.G.A., the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection of such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HB 970. By Representatives Roberts of the 154th, Burkhalter of the 50th, O`Neal of the 146th, Golick of the 34th and Smith of the 129th:

A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for a partial exemption for a limited period of time with respect to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the natural gas commodity billed for residential use; to provide for legislative findings and intent; to provide for procedures,

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conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the O.C.G.A., the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection of such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Thursday, January 12, 2006.

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Senate Chamber, Atlanta, Georgia Thursday, January 12, 2006 Fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 643. By Senator Harp of the 29th:
A RESOLUTION recognizing January 24, 2006, as "LaGrange College Day" in the State of Georgia and celebrating the 175th anniversary of LaGrange College; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 380. By Senators Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Tolleson of the 20th, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the O.C.G.A, relating to agricultural commodity commissions generally, so as to make certain provisions for an agricultural commodity commission for equines; to change certain provisions relating to definitions relative to said article; to change certain provisions relating to composition, appointments, terms of office, and compensation of commodity commission members, certification of membership to the Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to

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change certain provisions relating to authorization for issuance of marketing orders, notice, public hearing, record, reports from handlers, compilation of lists of producers and handlers, and use of information in reports; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 406. By Senators Hudgens of the 47th, Seabaugh of the 28th, Harp of the 29th, Shafer of the 48th and Moody of the 56th:
A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the Official Code of Georgia Annotated, relating to life settlements, so as to revise certain definitions; to provide additional grounds for the suspension, revocation, or refusal to renew the license of life insurance producers; to make editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 407. By Senators Golden of the 8th, Brown of the 26th, Meyer von Bremen of the 12th, Hooks of the 14th, Stoner of the 6th and others:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide for the Governor and the Department of Community Health to contract for a state-by-state survey and analysis of state health care plans; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 408. By Senators Hill of the 32nd, Rogers of the 21st and Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of certain nationals of foreign states who have not been lawfully admitted for permanent residence in the United States; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 409. By Senators Hamrick of the 30th, Smith of the 52nd and Wiles of the 37th:
A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to require that the courts determine contested elections and primaries on an expedited basis; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

SB 410. By Senators Tate of the 38th, Brown of the 26th, Stoner of the 6th, Meyer von Bremen of the 12th, Jones of the 10th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to create a joint committee of the General Assembly to be known as the Joint Committee to Study the State Health Care Benefit Plan; to provide for membership; to provide for quarterly meetings; to provide for a series of public meetings across the state; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 411. By Senators Tate of the 38th, Brown of the 26th, Meyer von Bremen of the 12th, Stoner of the 6th, Jones of the 10th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to create a joint committee of the General Assembly to be known as the Joint Committee to Study the State Health Care Benefit Plan; to provide for membership; to provide for quarterly meetings; to provide for a series of public meetings across the state; to provide for the Governor and the Department of Community Health to contract for a state-by-state survey and analysis of state health care plans; to provide for automatic repeal; to create a State Health Benefit Plan Advisory Committee; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Insurance and Labor Committee.

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SB 412. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Brown of the 26th, Hooks of the 14th, Stoner of the 6th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to create the State Health Benefit Advisory Committee; to provide for membership; to provide for quarterly meetings; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 414. By Senators Staton of the 18th, Chapman of the 3rd, Whitehead, Sr. of the 24th, Carter of the 13th, Grant of the 25th and others:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to enact the "Rural Georgia Economic Development Act of 2006"; to provide a short title; to authorize the creation of community improvement districts by certain counties in this state; to provide for the governance and operation of such districts; to provide for certain standards for the creation of a district; to create a board of supervisors for the district and provide for the selection, powers, duties, responsibilities, terms, and filling of vacancies of members of the board; to provide for a district manager and other employees and their compensation; to provide for applicability of laws

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concerning open meetings and open records; to provide for related matters; to provide an effective date; to provide for a contingency; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
SB 415. By Senators Douglas of the 17th, Seabaugh of the 28th, Grant of the 25th, Schaefer of the 50th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 416. By Senators Schaefer of the 50th, Pearson of the 51st, Williams of the 19th and Johnson of the 1st:
A BILL to be entitled Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third superior court judgeship for the Enotah Judicial Circuit; to provide for the initial appointment, election, and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising the judicial circuit; to provide for jurors; to authorize the judges of said circuit to divide and allocate the work and duties thereto and provide for the duties of the chief judge; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter and personnel and the compensation of such reporter and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 417. By Senators Thomas of the 2nd, Brown of the 26th, Fort of the 39th, Miles of the 43rd, Butler of the 55th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to change certain provisions relating to selection of

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the regulated provider of natural gas; to revise a definition; to provide that the Public Service Commission shall select at least two but no more than three regulated providers; to revise other provisions to conform to this change; to delete obsolete language; to provide for construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

SB 418. By Senators Thomas of the 2nd, Brown of the 26th, Fort of the 39th, Miles of the 43rd, Butler of the 55th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to prohibit disconnection of natural gas from residences of certain persons during the winter heating season; to revise legislative findings and intent; to revise definitions; to provide for expedited reconnection of natural gas for certain persons; to regulate the imposition of reconnect fees and deposits relating to natural gas; to provide for enforcement of the limitation on deposits relating to natural gas for residential consumers; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

SB 419. By Senators Harp of the 29th, Hudgens of the 47th, Shafer of the 48th, Tolleson of the 20th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, so as to provide a method to recover delinquent child support payments from certain lottery proceeds; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to require the child support enforcement agency to present claims for delinquent child support with the Georgia Lottery Corporation for the protection of the interest of the state and families owed delinquent due child support; to change certain provisions relating to said articles; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

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SB 420. By Senators Unterman of the 45th, Schaefer of the 50th, Johnson of the 1st, Thomas of the 2nd, Harp of the 29th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild; to provide for short titles; to provide definitions; to provide for the creation of a pilot program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of the pilot program; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 421. By Senators Unterman of the 45th, Balfour of the 9th, Shafer of the 48th and Kemp of the 46th:
A BILL to be entitled an Act to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to provide that arresting officers in certain cases may issue a nontraffic misdemeanor citation and release the person cited on his or her recognizance; to provide for the development, form, contents, and use of a nontraffic misdemeanor citation form; to provide for accountability; to provide for the conditions for the issuance of such citation; to authorize the use of such citation for the purposes of prosecuting such offense; to provide that the use of such citation shall not bar subsequent issuance of a warrant, indictment, or accusation; to provide that a person cited shall submit to post-arrest processing as required by law; to amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to bail jumping, to include individuals who were released on their own recognizance pursuant to the issuance of a nontraffic misdemeanor citation; to provide for other related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 422. By Senators Unterman of the 45th, Harp of the 29th, Butler of the 55th, Balfour of the 9th and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide

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definitions; to provide for the scope of practice; to increase the penalty for improper practice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 423. By Senators Unterman of the 45th, Mullis of the 53rd and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide a short title; to revise a definition for purposes of conformity; to revise certain provisions relating to the adoption of rules relative to end stage renal disease facilities and personnel thereof; to revise certain provisions relating to minimum standards for curricula, instructors, and training dialysis and reuse technicians; to amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a new Chapter 30A regulating patient care dialysis technicians; to provide for definitions; to provide for licensing requirements for patient care dialysis technicians; to provide for the renewal and reinstatement of licenses; to provide for powers of the Georgia Board of Nursing relating to the regulation of patient care dialysis technicians; to provide for authorized activities of patient care dialysis technicians; to provide for delegation of dialysis care by a registered professional nurse to a patient care dialysis technician; to provide for the use of titles and other indications of licensure; to provide for applications under oath; to provide for the creation, composition, and duties of the Patient Care Dialysis Technician Advisory Council; to provide for disciplinary actions; to provide for violations; to provide for actions to enjoin; to provide for administrative procedures; to revise certain provisions relating to the nonapplicability of Code Section 43-34-177 for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 424. By Senators Chance of the 16th, Douglas of the 17th, Moody of the 56th, Cagle of the 49th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to

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deployment or while on leave; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Education and Youth Committee.

SR 680. By Senators Brown of the 26th, Staton of the 18th, Hooks of the 14th, Johnson of the 1st, Tolleson of the 20th and others:

A RESOLUTION urging the Georgia Department of Transportation to change the proposed routes for the I-16 to I-75 exchange in Macon, Georgia; and for other purposes.

Referred to the Transportation Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 970 Do Pass

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

Mr. President:

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

SB 120 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 149 Do Pass

Respectfully submitted, Senator Heath of the 31st District, Chairman

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Mr. President:
The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 399 Do Pass by substitute
Respectfully submitted, Senator Wiles of the 37th District, Chairman
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 Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell 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.
The roll was called and the following Senators answered to their names:

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

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

Not answering were Senators:

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

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Fort Thompson, C (Excused)

Powell (Excused)

Starr (Excused)

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

The members pledged allegiance to the flag.

Senator Seabaugh of the 28th introduced the chaplain of the day, Dr. Gene Tyre of Newnan, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 676. By Senator Golden of the 8th:

A RESOLUTION commending the class of Leadership Cook 2005; and for other purposes.

Senator Golden of the 8th recognized the class of Leadership Cook 2005, Carrie Fausett, Chad Moore and Bob Hawsley along with Ms. Rhonda G. Geiger, Leadership Cook Coordinator, commended by SR 676.

SR 677. By Senator Hooks of the 14th:

A RESOLUTION congratulating Mrs. Mary Bryan Weaver Arnold on the occasion of her 100th birthday; and for other purposes.

SR 678. By Senator Goggans of the 7th:

A RESOLUTION commending Mark Sawyer on becoming an Eagle Scout; and for other purposes.

SR 679. By Senator Goggans of the 7th:

A RESOLUTION commending Andrew Johnson on becoming an Eagle Scout; and for other purposes.

SR 681. By Senators Seay of the 34th, Starr of the 44th, Fort of the 39th, Reed of the 35th and Tate of the 38th:

A RESOLUTION commending the Arnold-Fountain Professional Club; and for other purposes.

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Senator Smith of the 52nd asked unanimous consent that the following bill be withdrawn from the Senate Insurance and Labor Committee and committed to the Senate Judiciary Committee:
SB 383. By Senators Smith of the 52nd, Williams of the 19th, Hamrick of the 30th, Schaefer of the 50th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the clerk of superior court shall also serve as clerk of the state court, magistrate court, and juvenile court of the county; to provide for exceptions; to change the provisions relating to bonds; to change the provisions relating to personnel; to change the provisions relating to compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The consent was granted, and SB 383 was committed to the Senate Judiciary Committee.

Pursuant to Senate Rule 3-1.7, Senator Rogers of the 21st asked unanimous consent that the following bill be withdrawn from the consideration of the Senate:

SB 171. By Senators Rogers of the 21st, Pearson of the 51st, Goggans of the 7th, Cagle of the 49th, Schaefer of the 50th and others:

A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents governing the University System of Georgia, so as to prevent unauthorized noncitizens from enrolling in the University System of Georgia; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 171 was withdrawn from consideration of the Senate.

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

SENATE CALENDAR THURSDAY, JANUARY 12, 2006
FOURTH LEGISLATIVE DAY

SB 386

Apportionment of House/Senate; provide for composition of state senatorial districts 46,47,49; elections (R&R-47th)

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

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SB 386. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition of state senatorial districts and, in particular, Senate Districts 46, 47, and 49; to provide for the election of such Senators; to provide when such Senators so elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Johnson of the 1st moved the previous question.

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

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas 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 E Powell
Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

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

On the passage of the bill, the yeas were 34, nays 18.

SB 386, having received the requisite constitutional majority, was passed.

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Senator Williams of the 19th moved the Senate stand at ease until 2:00 p.m.

Senator Thompson of the 33rd moved that the Senate adjourn until 10:00 a.m. Friday, January 13, 2006.

Senator Williams of the 19th called for the yeas and nays; the call was sustained, and the vote was as follows:

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

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

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

On the motion to adjourn the yeas were 16, nays 35; the motion lost, and the Senate did not adjourn.

At 12:04 p.m. the President announced that the Senate would stand in recess until 2:00 p.m.
At 2:00 p.m. the President called the Senate to order.
Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.
Senator Rogers of the 21st asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

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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.

The following bill was taken up to consider the Conference Committee Report #3 thereto:

SB 203. By Senator Wiles of the 37th:

A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, so as to authorize the recovery of attorneys fees and costs from persons who receive indigent defense services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Conference Committee Report #3 was as follows:

The Committee of Conference on SB 203 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 203 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Wiles of the 37th

/s/ Representative Willard of the 49th

/s/ Senator Meyer von Bremen of the 12th /s/ Representative Ehrhart of the 36th

/s/ Senator Weber of the 40th

/s/ Representative Franklin of the 43rd

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 203

A BILL TO BE ENTITLED AN ACT

To amend Title 15 and Title 17 of the Official Code of Georgia Annotated, relating respectively to courts and legal defense for indigents, so as to clarify and change provisions relating to fees and collection of fees for indigent defense services; to provide that local victim assistance funds collected by the courts shall be paid directly to the county governing authority or the district attorney; to provide for certain reports; to provide that the Criminal Justice Coordinating Council shall quarterly prepare and publish a report of all courts that have not filed certain reports; to change certain provisions relating to the procedure for reporting and remittance of certain funds collected by any clerk of court or other officer or agent of any court; to change certain provisions relating to the application fees for free legal services and remittance of funds;

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to clarify remittance of the $50.00 application fee to certain entities; to change provisions relating to an additional filing fee on civil actions in the probate courts; to change provisions relating to the system of reporting and accounting relating to the Georgia Superior Court Clerks Cooperative Authority; to authorize certain inquiries and audits; to authorize the recovery of attorneys fees and costs under certain circumstances; to provide for definitions; to provide for clarity regarding which entities may be entitled to collect attorneys fees and the mechanism for such collection; to correct a cross-reference relating to circuit public defender offices contracts with local governments; to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-21-132, relating to assessment and collection of local victim assistance funds, and inserting in lieu thereof the following:
15-21-132. (a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the end of the month after the collection. The net proceeds shall be distributed by such authority as follows monthly:
(1) If the county where the fine was imposed operates or participates in any victim assistance program certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the governing authority of the county for disbursement to those victim assistance programs; or (2) If the county where the fine was imposed does not operate or participate in any victim assistance program certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorneys office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorneys office and shall be in addition to rather than in lieu of any other such funds. All such funds shall be paid to the recipients by the last day of the month in which the funds are received; provided, however, that the governing authority of the county shall be authorized to hold as reserve funds an amount not to exceed 5 percent of the funds received by the governing authority in the preceding calendar year. (b) The Georgia Superior Court Clerks Cooperative Authority The court officer charged with the duty of collecting moneys arising from fines as provided for in Code Section 15-21-131 shall receive and distribute the funds collected pursuant to this Code section to the county governing authorities authority or district attorney, as appropriate,

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and shall submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks Cooperative Authority, and the Georgia Superior Court Clerks Cooperative Authority shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed to each county governing authority no later than the last day of the month following the month in which the funds were collected. (c) The county governing authority receiving funds shall submit a financial report to the Criminal Justice Coordinating Council semiannually stating the recipients that directly received funds during such reporting period no later than the last day of the month following the reporting period in which the funds were collected in order to allow coordination of local, state, and federal funding sources for similar services. The Criminal Justice Coordinating Council shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year. (d) All recipients of funds pursuant to this Code section, except county governing authorities, shall submit an annual report to the Criminal Justice Coordinating Council. Such report shall include, but not be limited to, the total amount of funds received from each county governing authority pursuant to this Code section, the purposes for which the funds were expended, and the total number of victims served in each county for which the funds were received. A copy of each recipients annual report shall also be submitted to each county governing authority from which funds were received pursuant to this Code section. (e) The Criminal Justice Coordinating Council shall promulgate rules governing the certification of victim assistance programs. The rules shall provide for the certification of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that certification shall be liberally granted so as to encourage local innovations in the development of victim assistance programs. (f) The Criminal Justice Coordinating Council shall promulgate rules governing the revocation of certification of victim assistance programs. Such rules shall provide for the decertification of programs previously certified by the Criminal Justice Coordinating Council that are no longer in compliance with the rules promulgated by the Criminal Justice Coordinating Council pursuant to this Code section. (g) Moneys arising from fines imposed pursuant to Code Section 15-21-131 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or to any program that has been decertified by such council. (h) Each calendar quarter, the Criminal Justice Coordinating Council shall prepare and publish, by document and posting on its website, a report that shall list each court which has not filed the reports required by subsection (b) of this Code section.

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SECTION 2. Said title is further amended by striking Code Section 15-21A-4, relating to the procedure for reporting and remittance of certain funds collected by any clerk of court or other officer or agent of any court, and inserting in lieu thereof the following:
15-21A-4.
(a)(1) Each clerk of any court or any other officer or agent of any court receiving any funds subject to required to be remitted to the authority under this chapter on or after July 1, 2004, shall remit all such funds to the authority by the end of the month following the month in which such funds are received. Each clerk of any court or other officer or agent of any court receiving any funds required to be reported to the authority by this chapter or the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7 shall report such funds to the authority no later than 60 days after the last day of the month in which such funds are received. (2) The chief judge of superior court for each county shall have the authority to require compliance with paragraph (1) of this subsection by this chapter and with the rules and regulations of the authority promulgated by the authority in accordance with Code Section 15-21A-7 by any clerk, officer, or agent of any court within the county. If any court is more than 60 days delinquent or is habitually delinquent in remitting any funds or reports required under this Code section or Code Section 15-21A-6, chapter or by the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7, the authority shall notify the chief judge of superior court of the county in which the court is located. (b) The authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds subject to Code Section 15-21A-3 this chapter or the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7; and all clerks or other officers or agents remitting or reporting such funds shall use the prescribed procedures and forms in reporting and remitting funds to the authority. (c) The authority shall prescribe uniform rules, procedures, and forms relative to the partial or installment collection and remittance of funds subject to Code Section 1521A-3 reporting or remittance to the authority under this chapter or rules and regulations promulgated by the authority in accordance with Code Section 15-21A-7. Any funds held by any court or unit of local government on July 1, 2004, consisting of previously collected partial or installment payments shall be subject to the rules, procedures, and forms so prescribed and shall be remitted to the authority to the extent provided for in such rules and procedures. Funds collected that are partial or installment payments of costs, fees, and surcharges that are required by this chapter to be remitted to the authority shall be remitted to the authority by the end of the month following the month in which they were collected; provided, however, that the authority is authorized to provide by rules and regulations for a longer period of time for remitting such funds not to exceed six months. (d) The authority shall remit all funds collected to the designated receiving entities or general fund of the state treasury within 60 days of receiving such funds.

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SECTION 3. Said title is further amended by striking in its entirety Code Section 15-21A-6, relating to additional filing fees, application fee for legal assistance, and remittance of funds, and inserting in lieu thereof the following:
15-21A-6.
(a) In addition to all other legal costs there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, probate, recorders, mayors, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not.
(b)(1) As used in this subsection, the term 'civil action' means: (A) With regard to decedents estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to probate a will in solemn form and for letters of administration with will annexed; and petition for years support; (B) With regard to a minor guardianship matter as set forth in paragraph (1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; (C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; and (D) An application for writ of habeas corpus.
(2) In addition to all other legal costs there shall be charged to the filing party and collected by the clerk an additional fee of $15.00 in each civil action filed in the probate court. For the purposes of the imposition of the civil filing fee required by this subsection, the probate court shall collect the civil filing fee on each proceeding listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but once only in a guardianship matter involving the same ward or an application for writ of habeas corpus involving the same applicant. (c) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. (c)(d) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and shall pay such moneys over to the authority by

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the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (d)(e) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (e)(f) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless waived by the court for inability to pay or hardship. Any such fee shall be retained by the entity providing the services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury. (g) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is deemed to be the entity providing the legal defense services and is entitled to impose and collect the application fee authorized by subsection (f) of this Code section.
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 15-21A-7, relating to the definition of court and the system for reporting and accounting, and inserting in lieu thereof the following:
(b) The authority shall develop promulgate rules and regulations for the administration of this chapter. Such rules and regulations shall include but not be limited to a reporting and accounting system for all court fines and fees and all surcharges on and deductions from any court fines and fees that are authorized to be collected or disbursed in any court. The authority shall develop a system that employs controls necessary to determine the accuracy of the fine and fee collections and disbursement by each clerk of court or other officer or agent of any court receiving any fines and fees. No later than 60 days after the end of the last day of each month, each such clerk of court and, if there is no clerk of court, any court officer, judge, or other agent of the court shall report to the authority on a reporting system prescribed by the authority. Any entity doing business with such clerk or agents any court and all agencies and instrumentalities of the state shall cooperate in providing on a timely basis provide any information or data requested by the authority in a format prescribed by the authority by rule or regulation. The authority is authorized to make inquiries to clerks of court, court officers, judges, or agents of any court and agencies or instrumentalities of the state as well as any other parties for the purpose of determining the accuracy of any fines and fees collected or disbursed by a court and is authorized where it determines appropriate to conduct audits of any parties to assist in ensuring the accuracy of the system developed by the authority.

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SECTION 5. Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by striking subsection (d) of Code Section 17-12-23, relating to contracts with local governments, and inserting in lieu thereof the following:
(d) A city, or county, or consolidated government may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city, or county, or consolidated government ordinances or state laws. If a city, or county, or consolidated government does not contract with the circuit public defender office, the city, or county, or consolidated government shall be subject to all applicable standards adopted by the council for representation of indigent persons in this state.
SECTION 6. Said title is further amended by inserting a new Article 2A of Chapter 12 to read as follows:
ARTICLE 2A
17-12-50. As used in this article, the term:
(1) 'Paid in part' means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term does not include payment by a county or municipality for office space and other supplies as set forth in Code Section 17-12-34. (2) 'Public defender' means an attorney employed by a circuit public defender office, an attorney who is a conflict defender, or any other attorney who is paid from public funds to represent an indigent person in a criminal case.
17-12-51. (a) When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to the county. (b) When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to the municipality. (c) If a defendant who is represented by a public defender, who is paid for entirely by

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the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to Georgia Public Defender Standards Council for payment to the general fund of the state treasury. It is the intent of the General Assembly that all funds collected under this subsection shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (d) In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendants dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid. (e) This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.
17-12-52. (a) A county or municipality may recover payment or reimbursement from a person who has received legal assistance from a public defender paid in part or in whole by the county or municipality:
(1) If the person was not eligible to receive such legal assistance; or (2) If the person has been ordered to pay for the legal representation and other expenses of the defense pursuant to Code Section 17-12-51 and has not paid for the legal services. (b) An action shall be brought within four years after the date on which the legal services were received. (c) In determining the amount of the payment imposed under this Code section, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. (d) This Code section shall not apply to proceedings involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.
SECTION 7. Said title is further amended in Code Section 17-10-1, relating to fixing of sentence in criminal cases, by adding at its end a new subsection (g) to read as follows:
(g)(1)(A) In sentencing a defendant convicted of a felony to probated confinement, the sentencing judge may make the defendants participation in a work release program operated by a county a condition of probation, provided that such program

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is available and the administrator of such program accepts the inmate. (B) Any defendant accepted into a county work release program shall thereby be transferred into the legal custody of the administrator of said program; likewise, any defendant not accepted shall remain in the legal custody of the Department of Corrections. (2) Work release status granted by the court may be revoked for cause by the sentencing court in its discretion or may be revoked by the state or local authority operating the work release program for any reason for which work release status would otherwise be revoked. (3) The provisions of this subsection shall not limit the authority of the commissioner to authorize work release status pursuant to Code Section 42-5-59 or apply to or affect the authority to authorize work release of county prisoners, which shall be as provided for in Code Sections 42-1-4 and 42-1-9 or as otherwise provided by law. (4) This subsection shall not apply with respect to any violent felony or any offense for which the work release status is specifically prohibited by law, including but not limited to serious violent felonies as specified in Code Section 17-10-6.1.

SECTION 8. This Act shall become effective on July 1, 2006.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Wiles of the 37th moved that the Senate adopt the Conference Committee Report #3 on SB 203.

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

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

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

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

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Y Harbison Harp
Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report #3 on SB 203.

Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Friday, January 13, 2006.

The motion prevailed, and the President announced the Senate adjourned at 2:22 p.m.

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Senate Chamber, Atlanta, Georgia Friday, January 13, 2006 Fifth 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 substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 84.

By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others:

A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:
SB 405. By Senators Rogers of the 21st, Pearson of the 51st, Hill of the 32nd, Goggans of the 7th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Code Section 40-5-20 of the Official Code of Georgia Annotated, relating to the requirement for a drivers license, surrender of prior licenses, and prohibition of local licenses, so as to provide that any person charged with the offense of driving without having been issued

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a valid drivers license shall, in all cases, be fingerprinted and photographed; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 425. By Senators Goggans of the 7th, Zamarripa of the 36th, Balfour of the 9th, Williams of the 19th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Computer Security Act of 2005," so as to enact "The Georgia Child, Family, and School Communications Protection Act"; to provide a short title; to provide for definitions; to create a service to protect child, family, and school communications; to provide conditions for registration; to provide for a fee; to provide for procedures; to provide for verification from the contents of the service; to prohibit the release of certain information; to shield certain information from public inspection; to provide for a penalty; to provide for civil actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 426. By Senators Pearson of the 51st, Schaefer of the 50th, Heath of the 31st, Grant of the 25th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to provide that the commissioner of public safety is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration laws and related activities; to provide for a definition; to provide for certain training; to provide for funding; to provide for certain authorized activities by certain peace officers; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 427. By Senators Hill of the 32nd, Smith of the 52nd, Hudgens of the 47th, Hill of the 4th and Harp of the 29th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the O.C.G.A., the "Public Retirement Systems Investment Authority Law," so as to define certain terms; to provide that certain public retirement systems may

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invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

SB 428. By Senators Schaefer of the 50th, Williams of the 19th, Rogers of the 21st, Douglas of the 17th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to provide that the illegal manufacture, distribution, dispensation, or possession with intent to distribute a controlled substance or marijuana in, on, or within any real property on which a church or other house of worship is located is prohibited; to provide penalties; to provide for the manner of the imposition of such penalties; to provide for the barring of such persons convicted of such offenses from such property; to provide for certain evidentiary issues related thereto; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 429. By Senators Schaefer of the 50th, Williams of the 19th, Balfour of the 9th, Rogers of the 21st, Smith of the 52nd and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require facilities where abortions are performed and facilities of physicians who refer for abortions to have or have access to certain medical equipment; to require such facilities to perform certain procedures prior to performing an abortion; to provide for certain forms; to provide a penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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SB 430. By Senators Schaefer of the 50th, Williams of the 19th, Thomas of the 54th, Smith of the 52nd, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide that mental health screening shall not be given to students without prior parental consent; to provide for notice; to provide for the withholding of state funds by the State Board of Education; to provide for construction; to provide for a consent form; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Education and Youth Committee.

SB 431. By Senators Whitehead, Sr. of the 24th, Stephens of the 27th, Williams of the 19th, Pearson of the 51st, Heath of the 31st and others:
A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order the removal and relocation of utility facilities occupying any part of the public road system, so as to provide that a utility that fails to remove or relocate a facility in a timely manner shall be responsible to the department and its contractors for failure to comply; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 432. By Senators Schaefer of the 50th, Balfour of the 9th, Hudgens of the 47th, Pearson of the 51st, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the O.C.G.A., relating to holidays and observances, so as to recognize the national "Year of the Museum" as 2006; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for exemptions; to amend Article 5 of Chapter 12 of Title 44 of the O.C.G.A., relating to disposition of unclaimed property, so as to include cross-

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87

references; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Referred to the Special Judiciary Committee.

SR 682. By Senators Staton of the 18th, Carter of the 13th, Chapman of the 3rd, Chance of the 16th, Grant of the 25th and others:

A RESOLUTION proposing an amendment to the Constitution so as to remove the limitation on the types of property in community improvement districts which may be the subject of taxes, fees, and assessments; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Economic Development Committee.

SR 686. By Senator Schaefer of the 50th:

A RESOLUTION designating the J. Alton Wingate, Sr., Memorial Parkway; and for other purposes.

Referred to the Transportation Committee.

The following legislation was read the second time:

HB 149

HB 970 SB 120

SB 399

Senator Brown of the 26th asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.

The members pledged allegiance to the flag.

Senator Brown of the 26th introduced the chaplain of the day, Bishop Wes Hardin of Macon, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 683. By Senators Tolleson of the 20th, Adelman of the 42nd, Unterman of the 45th, Thomas of the 54th, Rogers of the 21st and others:

A RESOLUTION commending Georgia's registered nurses; and for other purposes.

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SR 684. By Senators Hill of the 32nd, Grant of the 25th, Schaefer of the 50th, Harp of the 29th, Johnson of the 1st and others:
A RESOLUTION recognizing that each year the President of the United States proclaims January 16th to be national "Religious Freedom Day", this day shall also be designated Religious Freedom Day in Georgia to commemorate the passage of Thomas Jefferson's Virginia Statute for Religious Freedom; and for other purposes.
SR 685. By Senators Hamrick of the 30th and Seabaugh of the 28th:
A RESOLUTION recognizing and commending the Carroll County Chamber of Commerce; and for other purposes.
SR 687. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION commending and congratulating Dr. Carl Gordon on the occasion of his retirement; and for other purposes.
Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1044 until 1:00 p.m. Monday, January 23, 2006; the motion prevailed, and at 9:33 a.m. the President announced the Senate adjourned.

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89

Senate Chamber, Atlanta, Georgia Monday, January 23, 2006 Sixth Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bill of the House:
HB 978. By Representatives Hill of the 21st and Smyre of the 132nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 45 of the O.C.G.A., relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide for the terms of members of the commission and the filling of vacancies; to provide for duties and responsibilities; to provide a definition; to provide for the acceptance of certain funds; to provide limitations on the consideration and passage of bills and resolutions authorizing or requiring the display of certain artwork; to provide for related matters; to repeal Code Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Art Policy Committee; to repeal conflicting laws; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 433. By Senator Thomas of the 2nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, so as

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to increase the minimum reimbursement rate paid to counties for housing state inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 434. By Senator Harbison of the 15th:
A BILL to be entitled an Act to amend Code Section 43-19-15 of the Official Code of Georgia Annotated, relating to the issuance of certificates of registration as a geologist and renewal or replacement, so as to provide for continuing education; to repeal conflicting laws; and for other purposes
Referred to the Natural Resources and the Environment Committee.
SB 435. By Senators Thomas of the 54th and Harp of the 29th:
A BILL to be entitled an Act to amend Code Section 49-3-3 of the Official Code of Georgia Annotated, relating to county directors of family and children services, so as to change certain provisions relating to the appointment of the county directors; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 436. By Senators Grant of the 25th, Harp of the 29th, Tolleson of the 20th, Pearson of the 51st and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change certain provisions relating to meetings of the State Board of Technical and Adult Education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 437. By Senators Golden of the 8th, Stoner of the 6th, Reed of the 35th and Powell of the 23rd:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to authorize the State Board of Education to develop and adopt a curriculum for a state funded elective course consisting of

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91

a nonsectarian, nonreligious academic study of the Bible and its influence on literature, art, music, culture, and politics; to provide for implementation by a local board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 438. By Senators Meyer von Bremen of the 12th, Hooks of the 14th and Golden of the 8th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide time requirements for the credentialing of hospitals, physicians, and other health care providers by a new third-party administrator of the state employees health insurance plan; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 439. By Senators Meyer von Bremen of the 12th, Hooks of the 14th and Golden of the 8th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that any employee or other individual covered under the state health insurance plan who has been assessed any late charge or surcharge due to noncompliance with any established deadline shall be given an opportunity to provide proof of attempted compliance; to provide for the cessation and recoupment of such charges and surcharges; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
The following House legislation was read the first time and referred to committee:
HB 978. By Representatives Hill of the 21st and Smyre of the 132nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 45 of the O.C.G.A., relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide for the terms of members of the commission and the

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filling of vacancies; to provide for duties and responsibilities; to provide a definition; to provide for the acceptance of certain funds; to provide limitations on the consideration and passage of bills and resolutions authorizing or requiring the display of certain artwork; to provide for related matters; to repeal Code Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Art Policy Committee; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
The following committee reports were read by the Secretary:
Mr. President:
The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 382 Do Pass SB 391 Do Pass
Respectfully submitted, Senator Smith of the 52nd District, Chairman
Mr. President:
The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SR 649 Do Pass as amended
Respectfully submitted, Senator Balfour of the 9th District, Chairman
Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.
Senator 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 Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.
The roll was called and the following Senators answered to their names:

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93

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

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

Not answering were Senators:

Harbison (Excused) Reed (Excused)

Johnson (Excused) Thomas, R

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

Senator Reed was off the floor of the Senate when the roll was called and wished to be recorded as present.
The members pledged allegiance to the flag.
Senator Tarver of the 22nd introduced the chaplain of the day, Reverend Stephen Bratton of Martinez, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 688. By Senators Golden of the 8th, Shafer of the 48th, Powell of the 23rd, Cagle of the 49th, Heath of the 31st and others:
A RESOLUTION recognizing January 30, 2006, as Capitol Tech Day; and for other purposes.

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SR 689. By Senator Harbison of the 15th:

A RESOLUTION congratulating Mrs. Vivian Creighton Bishop on being selected to serve as the president of the Congressional Club; and for other purposes.

SR 690. By Senator Wiles of the 37th:

A RESOLUTION recognizing the Georgia Recreation and Parks Association on February 7, 2006; and for other purposes.

SENATE RULES CALENDAR MONDAY, JANUARY 23, 2006
SIXTH LEGISLATIVE DAY

HB 970

Liquid propane and natural gas; state tax; temporary exemption; provisions (FIN-28th) Roberts-154th

SB 399

Municipal Corporation; special services district; within 3 miles of noncontiguous area treated as same noncontiguous area (Substitute)(SLGO(G)-48th)

Respectfully submitted,

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

Senator Seabaugh of the 28th moved to engross HB 970, which was on today's Senate Rules Calendar.

Senator Thompson of the 33rd objected.

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

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

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

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

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95

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

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

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

On the motion, the yeas were 33, nays 20, the motion prevailed; and HB 970 was engrossed.

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

HB 970. By Representatives Roberts of the 154th, Burkhalter of the 50th, O`Neal of the 146th, Golick of the 34th and Smith of the 129th:

A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for a partial exemption for a limited period of time with respect to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the natural gas commodity billed for residential use; to provide for legislative findings and intent; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the O.C.G.A., the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection of such taxes; 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

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Russell W. Hinton STATE AUDITOR (404) 656-2174

270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400

January 4, 2006
Honorable Jay Roberts State Representative State Capitol, Room 109 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 970 (LC 18 4866-EC)
Dear Representative Roberts:
This analysis summarizes the estimated impact of a temporary reduction in the collection of sales tax on natural gas and propane sales used primarily for residential heating in Georgia.
The temporary reduction began on January 1, 2006 based on an Executive Order. It applies for three billing cycles ending on or before April 30, 2006 for residential natural gas use and for three calendar months for propane sales for residential use. The reduction applies only to natural gas and propane commodity costs it excludes such costs as transportation, storage and customer service. The sales tax is reduced from 4% to 2% on this component of total costs. The Georgia State University Fiscal Research Center estimates the revenue reduction at $15 million, calculated as follows:
Table 1 below summarizes the expected expenditures on natural gas and propane commodity costs by consumption month. 2005 residential natural gas consumption data for Georgia from the Energy Information Administration was used to estimate Georgia consumption in 2006. This consumption level was increased by 10% to account for estimated propane usage.
Natural gas commodity costs were estimated based on closing prices of natural gas futures contracts in mid-December at the time of the Executive Order. These costs are highly volatile and will change with small changes in supply/demand and with weather conditions.

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97

Consumption Month
Ja n Feb Ma r Apr

Table 1

Gas & Propane Commodity Expenditures

Propane &

Res idential

Estima te d

Expenditures on

Consumption Commodity Price

Commodity

(mmcf)

($/mcf)

($0 00)

23,9 65

13.70 $

32 8,321

19,4 66

13.81 $

26 8,825

19,6 71

13.74 $

27 0,280

8,0 69

11.04 $

8 9,082

Table 2 summarizes the tax implications and adjusts for differences in billing cycle months and consumption months. For this adjustment, it is assumed that billing cycles are spread evenly across the month; thus the reduction in revenues for January on a billing cycle basis is the average of the January and February reductions on a consumption basis. As shown, the temporary reduction is expected to reduce state sales tax revenue by approximately $15 million. The actual value will depend on weather conditions that influence heating needs and actual natural gas prices.

Consumption Month
Jan Feb Mar Apr

Sales Tax

@ 4%

($000)

$

13,133 $

$

10,753 $

$

10,811 $

$

3,563 $

Table 2 Sales Tax Impact Analysis

Sales Tax

Sales Tax Revenue

@ 2%

Reduction

($000)

($000)

6,566 $

6,566 $

5,377 $

5,377 $

5,406 $

5,405 $

1,782 $

1,782

Total Reduction

$

Reduction Adjusted for Billing Cycles
($000) 5,972 5,391 3,593
14,956

Respectfully,
/s/ Russell W. Hinton State Auditor
/s/ Shelley C. Nickel, 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:

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

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

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

On the passage of the bill, the yeas were 51, nays 3.

HB 970, having received the requisite constitutional majority, was passed.

SB 399. By Senators Shafer of the 48th, Zamarripa of the 36th, Moody of the 56th, Reed of the 35th and Hill of the 32nd:

A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, so as to provide that a noncontiguous area within three miles of another noncontiguous area may be treated as the same noncontiguous area; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 399:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, so as to provide that a noncontiguous area within ten miles of another noncontiguous area may be treated as the

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99

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
(b) When a municipal corporation is created by local Act within a county which has a
special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area.

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 47, nays 0, and the committee substitute was adopted.

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

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

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

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

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

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

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

Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 2.

SB 399, having received the requisite constitutional majority, was passed by substitute.

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

Mr. President:

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

HR 1107. By Representative Keen of the 179th:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

The following resolution was read and adopted:
HR 1107. By Representative Keen of the 179th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
Serving as the doctor of the day was Dr. Donna Gregory.

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

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101

Mr. President:
The House has adopted by the requisite constitutional majority the following Resolution of the House:
HR 1114. By Representative Keen of the 179th:
A RESOLUTION relative to adjournment; and for other purposes.
Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Tuesday, January 24, 2006.
The motion prevailed, and the President announced the Senate adjourned at 2:18 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, January 24, 2006 Seventh Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 251.

By Representatives Bridges of the 10th, Cummings of the 16th and Coleman of the 97th:

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

HB 809.

By Representatives Knight of the 126th, Lunsford of the 110th and Yates of the 73rd:

A BILL to be entitled an Act to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits in the Superior Court Clerks Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and

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103

survivors benefits, so as to provide that certain persons who elected a survivors benefit and whose spouse predeceased him or her shall receive a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 821.

By Representatives Yates of the 73rd, Knight of the 126th and Lunsford of the 110th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

The House has adopted the report of the Committee of Conference on the following Bill of the Senate:

SB 203. By Senator Wiles of the 37th:

A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, so as to authorize the recovery of attorneys fees and costs from persons who receive indigent defense services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following communication was received by the Secretary:

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

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

The State Senate Atlanta, Georgia 30334

MEMORANDUM

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To: Secretary of the Senate's Office From: Senator Regina Thomas Date: January 24, 2006 Subj.: Roll Call Vote On Monday, January 23, 2006, I missed the roll call because my machine did not lock in my vote. I would like to be counted as present for the roll call. Thank you. /s/ Regina Thomas

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

SB 440. By Senators Hamrick of the 30th, Harp of the 29th, Kemp of the 46th, Shafer of the 48th and Schaefer of the 50th:
A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to eliminate the to Construction Reserve Trust Fund and the appropriation of lottery funds to the fund; to eliminate the use of lottery funds for teacher training in computers and technology; to eliminate the use of lottery funds by the board of regents for training professors and instructors in computers and technology; to eliminate the use of lottery funds by the Department of Technical and Adult Education for training teachers in computers and technology; to amend Code Section 50-27-3 of the O.C.G.A., relating to definitions regarding the lottery for education, so as to provide that the term "educational purposes and programs" shall not include capital outlay projects for educational facilities and teacher training in computers and technology; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

Referred to the Higher Education Committee.

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SB 441. By Senators Bulloch of the 11th, Kemp of the 46th, Cagle of the 49th, Stephens of the 27th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 442. By Senators Moody of the 56th, Carter of the 13th, Meyer von Bremen of the 12th, Kemp of the 46th, Weber of the 40th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to change certain provisions relating to reporting of child abuse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 443. By Senators Smith of the 52nd and Harp of the 29th:
A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for protection of river basins; to define certain terms; to regulate interbasin transfers of water; to provide for an in-stream flow policy; to provide an exemption; to provide legislative findings; to provide a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 444. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a short title; to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SB 445. By Senators Mullis of the 53rd, Tolleson of the 20th, Rogers of the 21st, Bulloch of the 11th, Schaefer of the 50th and others:
A BILL to be entitled an Act to amend an Act creating the Civil War Commission, approved April 28, 1993 (Ga. L. 1993, p. 1952), so as to make certain editorial changes; to change the administrative assignment of the commission and the facilitating state department from the Department of Natural Resources to the Department of Economic Development; to codify certain provisions of said Act, as amended, in Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
SB 446. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that a full-time student at a public postsecondary institution can regain eligibility for a HOPE scholarship at the end of any quarter or semester; to provide that a full-time student at a private postsecondary institution can regain eligibility for a HOPE scholarship at the end of any quarter or semester; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SR 696. By Senators Hamrick of the 30th and Cagle of the 49th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of student enrollment when proceeds are distributed between a county school district and an independent school district located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Education and Youth Committee.
SR 697. By Senators Powell of the 23rd and Hooks of the 14th:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to reserve to the people of the state the power to propose laws and amendments to the Constitution of Georgia and to enact or reject the same; to

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provide procedures and restrictions connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.
SR 700. By Senators Hamrick of the 30th and Unterman of the 45th:
A RESOLUTION creating and continuing the Juvenile Law Commission; and for other purposes.
Referred to the Judiciary Committee.
The following House legislation was read the first time and referred to committee:
HB 251. By Representatives Bridges of the 10th, Cummings of the 16th and Coleman of the 97th:
A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 809. By Representatives Knight of the 126th, Lunsford of the 110th and Yates of the 73rd:
A BILL to be entitled an Act to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits in the Superior Court Clerks Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, so as to provide that certain persons who elected a survivors benefit and whose spouse predeceased him or her shall receive a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

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HB 821. By Representatives Yates of the 73rd, Knight of the 126th and Lunsford of the 110th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Retirement Committee.

The following committee report was read by the Secretary:

Mr. President:

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

HB 543 Do Pass as amended SB 149 Do Pass by substitute

Respectfully submitted, Senator Moody of the 56th District, Chairman

The following Minority Report on SB 149 was filed with the Secretary:

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

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

The State Senate Atlanta, Georgia 30334
MEMORANDUM

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To:

Secretary of the Senate's Office

From:

Senator Regina Thomas

Date:

January 23, 2006

Subject: Minority Report Education Committee

SB 149 was not on the original agenda for the Senate Education Committee Meeting on Monday, January 23, 2006, yet it was voted on by the committee with a `Do Pass'.

The bill was added to the agenda during the committee meeting, without notice to the public.

I asked to be recognized for unreadiness concerning the process and taking a vote on SB 149 and I was ignored by the chair.

Since the public was not aware of this bill being on the agenda, it should not have been up for a vote. The bill could have been up for discussion, but not up for a vote.

This is an unethical practice from this committee and I certainly hope that it does not set precedence or protocol for future action on bills.

Enclosure

The following legislation was read the second time:

SB 382

SB 391

SR 649

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Douglas of the 17th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber 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.

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

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

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

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

Not answering were Senators:

Douglas (Excused) Thompson, S (Excused)

Fort Tolleson (Excused)

Seay Shafer,D Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Unterman Whitehead Wiles Williams Zamarripa
Thompson, C Weber (Excused)

Senator Thompson of the 5th was off the floor of the Senate when the roll was called and wished to be recorded as present.
The members pledged allegiance to the flag.

Senator Miles of the 43rd introduced the chaplain of the day, Bishop Jim Swilley of Conyers, Georgia, who offered scripture reading and prayer.
Senator Heath of the 31st introduced the doctor of the day Dr. Mitch Rodriguez.
Senator Harp of the 29th recognized "LaGrange College Day" and representatives from LaGrange College, commended by SR 643, adopted previously.
The President recognized leaders from the Georgia Force Team.

The following resolutions were read and adopted:

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SR 691. By Senators Golden of the 8th and Goggans of the 7th:
A RESOLUTION commending the class of Leadership Cook 2005; and for other purposes.
SR 692. By Senator Douglas of the 17th:
A RESOLUTION commending Dr. Wendell Clamp; and for other purposes.
SR 693. By Senator Heath of the 31st:
A RESOLUTION commending the cast and crew of the Bremen High School one-act competition play, "Mark Twain in the Garden of Eden," for being named Georgia Class A State Champions; and for other purposes.
SR 694. By Senators Heath of the 31st, Smith of the 52nd and Rogers of the 21st:
A RESOLUTION recognizing the Cartersville/Bartow Chamber of Commerce and its Governmental Affairs Committee and volunteers on their first annual "Drive to the Capitol"; and for other purposes.
SR 695. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION commending the University of Georgia Dance Marathon; and for other purposes.
SR 698. By Senators Mullis of the 53rd, Kemp of the 46th, Thomas of the 54th, Rogers of the 21st, Brown of the 26th and others:
A RESOLUTION commending Georgia's sustainable and environmentally friendly businesses; and for other purposes.
SR 699. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Williams of the 19th, Hill of the 4th and others:
A RESOLUTION commending the Georgia Rural Health Association and recognizing Rural Health Day; and for other purposes.
SR 701. By Senators Grant of the 25th, Whitehead, Sr. of the 24th, Thomas of the 2nd, Miles of the 43rd, Seay of the 34th and others:
A RESOLUTION honoring the life and public service to Georgia of James Ray Crawford, Jr.; and for other purposes.

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SR 702. By Senators Shafer of the 48th, Cagle of the 49th and Kemp of the 46th:
A RESOLUTION commending Samuel B. Kellett, Jr.; and for other purposes.
SR 703. By Senator Hudgens of the 47th:
A RESOLUTION commending the Jefferson City Schools System; and for other purposes.
Senator Hudgens of the 47th recognized representatives of the Jefferson City School System, commended by SR 703.
The following bill was taken up to consider House action thereto:
SB 84. By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the State Election Board to conduct certain voter education programs; to change provisions relating to required presentation of identification by voters; to specify the types of identification which may be used; to provide for Georgia voter identification cards to be issued by each county board of registrars to persons who do not have a valid drivers license or identification card issued by the Department of Driver Services; to provide for the contents and appearance of such cards; to provide for applications and supporting documentation; to provide for the supply of equipment and the adoption of rules and regulations by the State Election Board; to change provisions relating to issuance of free identification cards by the Department of Driver Services; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking Code Section 21-2-31, relating to the duties of the State Election Board, and inserting in lieu thereof a new Code Section 21-2-31 to read as follows:
21-2-31. It shall be the duty of the State Election Board:
(1) To supervise and coordinate the work of the office of the Secretary of State, superintendents, registrars, deputy registrars, poll officers, and other officials so as to obtain uniformity in their practices and proceedings and legality and purity in all primaries and elections; (2) To formulate, adopt, and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal, and orderly conduct of primaries and elections; and, upon the adoption of each rule and regulation, the board shall promptly file certified copies thereof with the Secretary of State and each superintendent; (3) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force; (4) To publish and distribute such explanatory pamphlets regarding the interpretation and application of primary and election laws as in the opinion of the board should be distributed to the electorate; (5) To investigate, or authorize the Secretary of State to investigate, when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law; (6) To make such recommendations to the General Assembly as it may deem advisable relative to the conduct and administration of primaries and elections; (7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (8) To employ such assistants as may be necessary; and (9) Subject to funds being specifically appropriated by the General Assembly, to formulate and conduct a voter education program concerning voting procedures for voting by absentee ballot and at the polls with particular emphasis on the proper types of identification required for voting; and (10) To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections.

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SECTION 2. Said title is further amended by striking Code Section 21-2-417, relating to presentation of identification by voters, and inserting in its place new Code Sections 21-2-417 and 212-417.1 to read as follows:
21-2-417.
(a) Except as provided in subsection (c) of this Code section, each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A Georgia drivers license which was properly issued by the appropriate state agency; (2) A valid Georgia voter identification card issued under Code Section 21-2-417.1 or other valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid United States military identification card, provided that such identification card contains a photograph of the elector; or (6) A valid tribal identification card containing a photograph of the elector. (b) Except as provided in subsection (c) of this Code section, if an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall be allowed to vote a provisional ballot pursuant to Code Section 21-2418 upon swearing or affirming that the elector is the person identified in the elector's voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in subsection (a) of this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement. (c) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification listed in subsection (a) of this Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not have any of the forms of identification listed in this subsection, such elector may vote a provisional ballot pursuant to Code Section 21-2418 upon swearing or affirming that the elector is the person identified in the electors voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subsection

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within the time period for verifying provisional ballots pursuant to Code Section 21-2419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement. 21-2-417.1. (a) Each county board of registrars shall provide at least one place in the county at which it shall accept applications for and issue Georgia voter identification cards which shall under state law be valid only for purposes of voter identification under Code Section 21-2-417. No fee shall be charged or collected for the application for or issuance of a Georgia voter identification card. (b) No person shall be eligible for a Georgia voter identification card if such person has a valid unexpired drivers license or identification card issued under Code Section 40-5100. (c) The Georgia voter identification card shall be captioned 'GEORGIA VOTER IDENTIFICATION CARD' and shall contain a prominent statement that under Georgia law it is valid only as identification for voting purposes. The Georgia voter identification card shall be laminated, shall contain a digital color photograph of the applicant, and shall include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) County where the identification card was issued including a county number to be assigned for each county by the Secretary of State; and (10) Such other information or identification as required by rule of the State Election Board. (d) The application for a Georgia voter identification card shall elicit the information required under subsection (c) of this Code section and such other information as may be required by rule of the State Election Board. The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute a felony offense under Code Section 16-10-71, relating to the offense of false swearing. (e) The board of registrars shall require presentation and verification of the following information before issuing a Georgia voter identification card to a person: (1) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the persons full legal name and date of birth; (2) Documentation showing the persons date of birth; (3) Proof of the persons social security account number; and (4) Documentation showing the persons name and address of principal residence. (f) A Georgia voter identification card shall remain valid so long as a person resides at

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the same address and remains qualified to vote. It shall be the duty of a person who moves his or her residence within the State of Georgia to surrender his or her card to the board of registrars of the county of his or her new residence; and such person may after such surrender apply for and receive a new card if such person is otherwise eligible under this Code section. It shall be the duty of a person who moves his or her residence outside the State of Georgia or who ceases to be qualified to vote to surrender his or her card to the board of registrars by which it was issued. (g) The State Election Board shall provide each county board of registrars with the necessary equipment, forms, supplies, and training for the production of the Georgia voter identification cards and shall maintain such equipment. (h) The State Election Board shall adopt rules and regulations for the administration of this Code section and, without limiting the generality of the foregoing, such rules and regulations may further define or prescribe the types of documentation required under subsection (e) of this Code section.
SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-103, relating to fees for personal identification cards for persons without drivers licenses, by striking subsection (d) and inserting in its place a new subsection to read as follows:
(d) The department shall not be authorized to collect a fee for an identification card from any person:
(1) Who swears under oath that he or she is indigent and cannot pay the fee for an identification card, that he or she desires an identification card in order to vote in a primary or election in Georgia, and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote; and (2) Who produces evidence that he or she is registered to vote in Georgia. This subsection shall not apply to a person who has been issued a drivers license in this state.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 84 as amended by the Senate.
Senator Eric Johnson, President Pro Tempore, assumed the Chair.
The President resumed the Chair.

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Senator Williams of the 19th moved that the Senate stand in recess until 1:30 p.m.
There were no objections, and at 12:30 p.m. the President announced that the Senate would stand in recess until 1:30 p.m.
At 1:30 p.m. the President called the Senate to order.
Senator Stoner of the 6th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.
Senator Hudgens of the 47th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.
Senators Staton of the 18th, Stephens of the 27th and Wiles of the 37th offered the following amendment:
Amend the House substitute to SB 84 by striking "persons" on line 6 on page 1 and inserting in lieu thereof "registered electors"; by inserting after "Services" on line 11 on page 1 "to registered electors"; by inserting after "cards" on line 3 on page 4 "to registered Georgia electors"; by inserting after "21-2-417" on line 5 on page 4 "and available only to registered electors of this state"; and by striking line 1 on page 5 and inserting in lieu thereof the following:
(3) Evidence that the person is registered to vote in this state; and

Senators Jones of the 10th, Seay of the 34th, Adelman of the 42nd and Reed of the 35th offered the following amendment #1:
Amend the Senate amendment (AM 18 1276) to the House substitute to SB 84 by inserting after line 8 on page 1 the following: Amend the House substitute to SB 84 by inserting after "such equipment." on line 13 on page 5 the following:
The state shall provide such equipment, forms, supplies, and training at no cost to the counties. In addition, the state shall provide all maintenance and upkeep of such equipment at no cost to the counties.
Senators Jones of the 10th, Seay of the 34th, Zamarripa of the 36th, Adelman of the 42nd and Reed of the 35th offered the following amendment #2:
Amend the Senate amendment (AM 18 1276) to the House substitute to SB 84 by inserting after line 8 on page 1 the following: Amend the House substitute to SB 84 by inserting after "such equipment." on line 13 on page 5 the following:

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Until January 1, 2015, the state shall provide replacement equipment and upkeep on all equipment supplied to the counties under this Code section at no charge to the counties.
Senator Reed of the 35th offered the following amendment #3 to amendment AM 18 1276:
By inserting immediately following line 8 of page 1 of said amendment the following:
By inserting immediately following line 17 on page 5 of the House Substitute to SB 84 the following new subparagraph:
"(i) Each county board of registrars shall inform each registered elector under its jurisdiction by letter of the identification documents necessary to apply for a Georgia voter identification card and to cast his or her vote under Code Section 21-2-417 by letter sent via first class mail through the United States Postal Service."
Senator Reed of the 35th offered the following amendment #4 to amendment AM 18 1276:
By inserting immediately following line 8 of page 1 of said amendment the following:
By striking lines 34 and 35 of page 5 of the House Substitute to Senate Bill 84 and inserting in lieu thereof the following:
"This Act shall become effective on July 1, 2008."
Senator Reed of the 35th offered the following amendment #5 to amendment AM 18 1276:
By inserting immediately following line 8 of page 1 of said amendment the following:
By striking lines 34 and 35 of page 5 of the House Substitute to SB 84 and inserting in lieu thereof the following:
"This Act shall become effective on July 1, 2010."
Senator Reed of the 35th offered the following amendment #6 to amendment AM 18 1276:
By inserting immediately following line 8 of said amendment the following:
By inserting immediately following "21-2-419" on line 23 of page 3 of the House Substitute to SB 84:

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"or by comparing the signature or mark, or facsimile or electronic reproduction of the elector's signature or mark, on the provisional ballot with the elector's signature or mark on his or her application for registration to vote which is on file with the board of registrars. If the information and signature or mark provided on the provisional ballot appear to be valid, the registrar or clerk shall so certify the ballot by signing or initialing his or her name. If the information, signature or mark do not appear to be valid, the registrar or clerk shall write Rejected and giving the reason therefore. The board of registrars or ballots clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year."

Senator Williams of the 19th requested a ruling of the Chair as to the germaneness of amendments #1-6.

The President ruled the amendments germane.

Senator Williams of the 19th appealed the ruling of the Chair.

Pursuant to Senate Rule 8-1.11(a), President Pro Tempore Johnson of the 1st, acting Parliamentarian, ruled amendments #1-6 germane but out of order.

Senator Thompson of the 33rd objected to the ruling of the Senate Parliamentarian and moved to appeal.

On the motion to appeal the ruling of the Parliamentarian, the question was, "Shall the ruling of the Senate Parliamentarian be sustained?" A roll call was taken, and the vote was as follows:

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

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

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

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N Harbison Y Harp Y Heath N Henson

Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 33, nays 21, the motion prevailed; and the ruling of the President Pro Tempore was sustained and amendments #1-6 were ruled out of order.

Senator Zamarripa of the 36th offered the following amendment #7:

Amend the Senate amendment to the House substitute to SB 84 by inserting after "electors" on line 4 on page 1 "; to require the Department of Driver Services to establish a program utilizing mobile identification card issuance units with which nursing homes and high rise apartment and assisted living facilities can schedule on site opportunities for residents of such facilities to obtain identification cards" and by inserting after line 8 on page 1 the following: By redesignating Sections 4 and 5 as Sections 5 and 6, respectively, and inserting after line 32 on page 5 the following:

SECTION 4. Said title is further amended by adding a new Code Section 40-5-106 to read as follows:
40-5-106. The department shall establish a program utilizing mobile identification card issuance units which nursing homes and high rise apartment and assisted living facilities may request to come to such nursing homes and high rise apartment and assisted living facilities upon reasonable notice and at reasonable times to provide the residents thereof the opportunity to obtain identification cards pursuant to this article.

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

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

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

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

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

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

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

On the adoption of the amendment, the yeas were 22, nays 32, and the Zamarripa amendment #7 was lost.

Senator Zamarripa of the 36th offered the following amendment #8:

Amend the Senate amendment to the House substitute to SB 84 by inserting after "electors" on line 4 on page 1 "; to require the Department of Driver Services to establish a program utilizing mobile identification card issuance units with which nursing homes and high rise apartment and assisted living facilities can schedule on site opportunities for residents of such facilities to obtain identification cards" and by inserting after line 8 on page 1 the following: By redesignating Sections 4 and 5 as Sections 5 and 6, respectively, and inserting after line 32 on page 5 the following:

SECTION 4. Said title is further amended by adding a new Code Section 40-5-106 to read as follows:
40-5-106.
(a) The department shall establish a program utilizing mobile identification card issuance units which nursing homes and high rise apartment and assisted living facilities may request to come to such nursing homes and high rise apartment and assisted living facilities upon reasonable notice and at reasonable times to provide the residents thereof the opportunity to obtain identification cards pursuant to this article. (b) The program shall include the provision of a toll-free number that citizens of this state may call to schedule a visit by a mobile identification card issuance unit to a nursing home or high rise apartment or assisted living facility. (c) The mobile units shall be in good repair and shall have regularly scheduled maintenance performed on them. Should a mobile unit break down or be rendered unusable, such mobile unit shall be replaced in a timely manner. The department shall promulgate rules and regulations to ensure that the mobile units are well maintained and shall also place age and mileage limitations on such units to ensure reliability. (d) The mobile units shall be capable of producing identification cards for persons with physical disabilities on site. (e) The number of mobile units provided shall be related to the demand in the communities for such services.

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

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

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

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

On the adoption of the amendment, the yeas were 21, nays 32, and the Zamarripa amendment #8 was lost.

Senator Thompson of the 33rd requested a ruling of the chair as to whether SB 84 was in need of a fiscal note pursuant to Senate Rule 3-1.4.

The President ruled SB 84 had a significant fiscal impact and was in need of a fiscal note and was therefore out of order.

Senator Williams of the 19th objected and appealed the ruling of the President.

Pursuant to Senate Rule 8-1.11(a), President Pro Tempore Johnson of the 1st, acting Parliamentarian, ruled that a fiscal note was not necessary.

Senator Adelman of the 42nd objected to the ruling of the Senate Parliamentarian and moved to appeal.

On the motion to appeal the ruling of the Senate Parliamentarian, the question was, "Shall the ruling of the Parliamentarian be sustained?" A roll call was taken, and the vote was as follows:

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

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

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

On the motion, the yeas were 32, nays 22, the motion prevailed; and the ruling of the President Pro Tempore was sustained.

The following communication was received by the Secretary:

Senator Jack Hill District 4 234 State Capitol Atlanta, GA 30334

Committees: Appropriations Education and Youth Ethics Natural Resources and the Environment Regulated Industries and Utilities Rules
The State Senate Atlanta, Georgia 30334

Mr. Secretary,

1/24/06

I request that I be shown as voting to sustain the ruling of the Parliamentarian as to the need for a fiscal note on SB 84.

/s/ Jack Hill

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Senator Williams of the 19th moved the previous question.

Senator Thompson of the 33rd objected.

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

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

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

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

On the motion, the yeas were 33, nays 21, the motion prevailed; and the previous question was ordered.

On the motion to agree to the House substitute to SB 84 as amended by the Senate, 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

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

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

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

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

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

On the motion, the yeas were 32, nays 22; the motion prevailed, and the Senate agreed to the House substitute to SB 84 as amended by the Senate (AM 18 1276).

Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, January 25, 2006.

The motion prevailed, and the President announced the Senate adjourned at 5:04 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, January 25, 2006 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:
HB 344. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-7-101 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Georgia Firefighters Pension Fund, withdrawal of application for benefits before approval, and reemployment, so as to provide that the benefits of a firefighter who returns to service after retirement may exceed his or her previous benefit after he or she has acquired one years service after such reemployment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 357.

By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to increase the maximum monthly retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 660.
HB 749. HB 804. HB 901.

By Representatives Cummings of the 16th, Bridges of the 10th and Yates of the 73rd:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 16-10-95 of the Official Code of Georgia Annotated, relating to barratry, so as to repeal said Code section; to repeal conflicting laws; and for other purposes.
By Representative Stephens of the 164th:
A BILL to be entitled an Act to provide for a surcharge on fines in the State Court of Bryan County and the Magistrate Court of Bryan County; to provide for use of such sums for the purpose of local juvenile diversion programs; to repeal conflicting laws; and for other purposes.

HB 902.

By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the State Court of Bryan County (formerly the City Court of Pembroke), approved January 10, 1938 (Ga. L. 1937-38 Ex. Sess., p. 714), as amended, so as to authorize the court to impose an additional surcharge for each criminal fine imposed;

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to specify the uses to which said surcharge may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 973.

By Representatives Willard of the 49th, Lindsey of the 54th, Jones of the 46th, Buckner of the 130th and Day of the 163rd:

A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed detection devices for traffic enforcement purposes, so as to change provisions relating to prohibited use of speed detection devices by county and municipal law enforcement officers in certain places and certain circumstances; to provide that such officers may use such devices under certain additional circumstances; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

HB 1003. By Representatives Talton of the 145th, O`Neal of the 146th, Floyd of the 147th and Ray of the 136th:

A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for the filling of vacancies; to provide for the submission of this Act to the United States Department of Justice; to repeal conflicting laws; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:
SB 447. By Senators Goggans of the 7th, Bulloch of the 11th, Kemp of the 46th, Pearson of the 51st, Henson of the 41st and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the O.C.G.A., the "Georgia Agricultural Commodities Promotion Act," so as to create the Georgia Blueberry Commission; to define certain terms; to provide for membership, appointment, election, terms, and compensation; to provide for powers; to provide for organization; to provide for the receipt, collection, and disbursement of funds; to provide for liability; to provide for marketing orders; to provide for notice and hearing; to provide for publication of a certain report; to provide for the levying and collection of assessments; to provide for the maintenance of records; to provide for compliance; to provide for a penalty; to

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provide for applicability of the Georgia Administrative Procedure Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 448. By Senators Thomas of the 2nd, Brown of the 26th, Harbison of the 15th, Reed of the 35th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to require the Public Service Commission to declare an emergency and regulate the delivery of natural gas to retail customers in this state; to provide for the applicability of certain laws with respect to the Public Service Commissions regulation of the delivery of natural gas to retail customers in this state; to provide for contracts between electing distribution companies and marketers, between marketers and retail customers, between electing distribution companies and the regulated provider, and between the regulated provider and the Public Service Commission or the state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 449. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to create certain prohibitions on residency of registered sex offenders at institutions of higher education in this state; to provide for a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and

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officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 451. By Senators Kemp of the 46th, Thompson of the 33rd, Hamrick of the 30th, Grant of the 25th, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 5 of Title 16 of the O.C.G.A., relating to notice of conviction and release from confinement of sex offenders, so as to provide that notice of conviction and release of a person who is required to register as a sexual offender shall be made for offenders sentenced directly to probation or who are newly established residents in a county; to permit publication of such notice in the legal organ of the county in which such person resides based on information available; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers licenses, so as to require annual renewal of a drivers license for registered sex offenders; to change certain provisions relating to the expiration and renewal of licenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 452. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Part 1 of Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to require the establishment by the Public Service Commission of an Internet website for gasoline prices; to require that gasoline dealers post prices for gasoline on such website within certain periods of time; to provide for penalties for failing to post such prices and posting incorrect prices; to provide for certain required features of such website; to provide for the establishment of a toll-free number to obtain such information; to provide for enforcement by the Public Service Commission; to provide for the promulgation of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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131

SB 453. By Senators Kemp of the 46th, Williams of the 19th, Goggans of the 7th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to require the use of biodiesel fuels in certain vehicles operated by local school districts; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the use of biodiesel fuels in certain vehicles operated by local governments; to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, so as to require the use of biodiesel fuels in certain vehicles operated by state government; to repeal conflicting laws; and for other purposes
Referred to the Transportation Committee.
SB 454. By Senators Douglas of the 17th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to require patrol vehicle markings for Georgia State Patrol vehicles and exclude other vehicles used by the Department of Public Safety from the marking requirements; to increase the number of solid color marked vehicles allowed per post; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SR 718. By Senators Henson of the 41st and Weber of the 40th:
A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:
HB 344. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-7-101 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under

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the Georgia Firefighters Pension Fund, withdrawal of application for benefits before approval, and reemployment, so as to provide that the benefits of a firefighter who returns to service after retirement may exceed his or her previous benefit after he or she has acquired one years service after such reemployment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

HB 357. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to increase the maximum monthly retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

HB 660. By Representatives Cummings of the 16th, Bridges of the 10th and Yates of the 73rd:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

HB 749. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military

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duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 804. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 16-10-95 of the Official Code of Georgia Annotated, relating to barratry, so as to repeal said Code section; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 901. By Representative Stephens of the 164th:
A BILL to be entitled an Act to provide for a surcharge on fines in the State Court of Bryan County and the Magistrate Court of Bryan County; to provide for use of such sums for the purpose of local juvenile diversion programs; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 902. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the State Court of Bryan County (formerly the City Court of Pembroke), approved January 10, 1938 (Ga. L. 1937-38 Ex. Sess., p. 714), as amended, so as to authorize the court to impose an additional surcharge for each criminal fine imposed; to specify the uses to which said surcharge may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 973. By Representatives Willard of the 49th, Lindsey of the 54th, Jones of the 46th, Buckner of the 130th and Day of the 163rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed detection devices for traffic enforcement purposes, so as to change provisions relating to prohibited use of speed detection devices by county and municipal law enforcement officers in certain places and certain circumstances; to provide that such officers may use such devices under certain additional circumstances;

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

Referred to the Public Safety and Homeland Security Committee.

HB 1003. By Representatives Talton of the 145th, O`Neal of the 146th, Floyd of the 147th and Ray of the 136th:

A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for the filling of vacancies; to provide for the submission of this Act to the United States Department of Justice; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee report was read by the Secretary:

Mr. President:

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

SB 390 Do Pass

Respectfully submitted, Senator Moody of the 56th District, Chairman

The following legislation was read the second time:

HB 543 SB 149
Senator Stoner of the 6th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

Senator Jones of the 10th asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

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Senator Pearson of the 51st asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.
Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.
The roll was called and the following Senators answered to their names:

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

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

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

Not answering were Senators:

Adelman (Excused) Rogers (Excused)

Fort Smith (Excused)

Reed (Excused) Zamarripa (Excused)

Senator Fort of the 39th was off the floor of the Senate when the roll was called and wished to be recorded as present.

The members pledged allegiance to the flag.
Senator Balfour of the 9th introduced the chaplain of the day, Pastor John Colbaugh of Lawrenceville, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

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SR 704. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Reverend James H. Terry on his installation as pastor of Saint Paul Missionary Baptist Church; and for other purposes.
SR 705. By Senator Thomas of the 2nd:
A RESOLUTION remembering and honoring the life of Mrs. Mildred Ruth Dixon Passmore; and for other purposes.
SR 706. By Senator Thomas of the 2nd:
A RESOLUTION commending the senior members of Asbury United Methodist Church and recognizing February 5, 2006, as "Asbury Treasures Day"; and for other purposes.

SR 707. By Senators Miles of the 43rd, Butler of the 55th, Tate of the 38th, Fort of the 39th, Brown of the 26th and others:
A RESOLUTION commending Elisabeth Williams-Omilami and Afemo Omilami, codirectors of Hosea Feed the Hungry and Homeless; and for other purposes.

SR 708. By Senators Starr of the 44th, Douglas of the 17th and Jones of the 10th:
A RESOLUTION honoring Colonel (Retired) Charles Scott, of Jonesboro, in Henry County, Georgia, former military attach who was taken hostage along with 51 other Americans at the U.S. Embassy in Tehran, Iran, on November 4, 1979, and released 25 years ago on January 20, 1981; and for other purposes.
SR 709. By Senator Williams of the 19th:
A RESOLUTION congratulating Ms. Ruth Hazel Mann on the occasion of her 100th birthday; and for other purposes.

SR 710. By Senator Williams of the 19th:
A RESOLUTION congratulating Mr. and Mrs. Ira Scarborough on 70 years of marriage; and for other purposes.

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SR 711. By Senators Williams of the 19th, Johnson of the 1st and Chapman of the 3rd:
A RESOLUTION honoring and remembering the life of Judge Mell Price; and for other purposes.
.SR 712. By Senator Carter of the 13th:
A RESOLUTION commending the Fitzgerald High School Cheerleaders and their coaches for winning the 2005 AA State Championship; and for other purposes.
SR 713. By Senators Hill of the 32nd, Rogers of the 21st and Wiles of the 37th:
A RESOLUTION celebrating the birth of Mackenzie Elise Hullett; and for other purposes.
SR 714. By Senators Hill of the 32nd, Zamarripa of the 36th, Cagle of the 49th and Moody of the 56th:
A RESOLUTION commending Atlanta International School; and for other purposes.

SR 715. By Senators Hill of the 32nd, Kemp of the 46th, Stephens of the 27th and Cagle of the 49th:
A RESOLUTION commending the Bagataway Lacrosse "Team Georgia" High School Boys Lacrosse Team; and for other purposes.

SR 716. By Senators Rogers of the 21st and Stephens of the 27th:
A RESOLUTION commending Christopher Xavier Harris on becoming an Eagle Scout; and for other purposes.

SR 717. By Senators Goggans of the 7th, Hooks of the 14th, Starr of the 44th, Douglas of the 17th, Shafer of the 48th and others:
A RESOLUTION commending Specialist (E4) Camden Ned Pate for his service to the United States; and for other purposes.

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SR 719. By Senator Hill of the 32nd:
A RESOLUTION commending Riverwood High School's International Studies Magnet School; and for other purposes.
SR 720. By Senators Smith of the 52nd, Heath of the 31st, Thomas of the 54th, Hamrick of the 30th, Carter of the 13th and others:
A RESOLUTION declaring November 7, 2006, as Take Your Kids to Vote Day in Georgia; and for other purposes.
The President introduced the doctor of the day, Dr. Steven Muller.

The following resolution was read and adopted:
SR 721. By Senators Wiles of the 37th and Hill of the 32nd:
A RESOLUTION recognizing and commending the Kennesaw Youth Council and the Acworth Youth Council; and for other purposes.
Senator Wiles of the 37th recognized representatives of Kennesaw Youth Council and Acworth Youth Council, commended by SR 721.

SENATE RULES CALENDAR WEDNESDAY, JANUARY 25, 2006
EIGHTH LEGISLATIVE DAY

SR 649

Court of Appeals of Georgia; congratulate on 100th anniversary (Amendment)(RULES-1st)

SB 382

Child Support; calculations; definitions; appeal process; change provisions (PF) (JUDY-29th)

Respectfully submitted,

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

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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Senator Kemp of the 46th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.
The following legislation was read the third time and put upon its passage:
SR 649. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th:
A RESOLUTION congratulating the Court of Appeals of Georgia on the occasion of its 100th anniversary; and for other purposes.
The Senate Rules Committee offered the following amendment:
Amend SR 649 by striking "SENATE" on line 16 of page 1 and inserting in its place: GENERAL ASSEMBLY OF GEORGIA
On the adoption of the amendment, the yeas were 43, nays 0, and the committee amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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

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

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On the adoption of the resolution, the yeas were 51, nays 0.

SR 649, having received the requisite constitutional majority, was adopted as amended.

SB 382. By Senators Harp of the 29th and Hill of the 32nd:

A BILL to be entitled an Act to amend Titles 5, 7, and 19 of the O.C.G.A., relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the direct appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

Senator Thomas of the 2nd offered the following amendment #1:

Amend SB 382 by striking the number "15" from line 21 of page 27 and inserting in lieu thereof the following:
25

By striking the number "15" from line 30 of page 27 and inserting in lieu thereof the following:
25

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

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

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

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

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

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

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

On the adoption of the amendment, the yeas were 16, nays 38, and the Thomas of the 2nd amendment #1 was lost.

Senators Miles of the 43rd, Butler of the 55th and Brown of the 26th offered the following amendment #2:

Amend SB 382 by striking lines 32 through 36 of page 17 and lines 1 through 13 of page 18 and inserting in lieu thereof the following:
(C) THEORETICAL CHILD SUPPORT ORDERS. In addition to the adjustments to Gross Income for self-employment taxes provided in subparagraph (A) of this paragraph and for Preexisting Orders provided in subparagraph (B) of this paragraph, credits for either Parents other Qualified Child living in the Parents home for whom the Parent owes a legal duty of support may be considered by the Court for the purpose of reducing the Parents Gross Income. Use of this credit is appropriate when a child support order is entered. Credits may also be appropriate when a child support order is modified to rebut a claim for increased child support brought by the Custodial Parent. To consider a Parents other Qualified Children for determining the Theoretical Child Support Order, a Parent shall present documentary evidence of the Parent-Child relationship to the Court. Adjustments to income pursuant to this paragraph may be considered in such circumstances in which the failure to consider a Qualified Child would cause substantial hardship to the Parent. However, no credit for a Parents other Qualified Child shall be granted if such credit will impair the ability of the Custodial Parent to maintain minimally adequate housing, food, and clothing and provide for other basic necessities for the Child being supported by the court order. If the Court, in its discretion, decides to apply the Qualified Child adjustment, the Basic Child Support Obligation of the Parent for the number of other Qualified Children living with such Parent shall be determined based upon that Parents Gross Income. Except for self-employment taxes paid, no other amounts shall be subtracted from the Parents Gross Income when calculating a Theoretical Child Support Order under this subparagraph. The Basic Child Support Obligation for such Parent shall be multiplied by 75 percent and the resulting amount shall be subtracted from such Parents Gross Income and entered on the Child Support Schedule B Adjusted Income.

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

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

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

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

On the adoption of the amendment, the yeas were 25, nays 30, and the Miles et al. amendment #2 was lost.

Senator Thompson of the 33rd offered the following amendment #3:

Amend SB 382 by striking lines 1 through 3 on page (4) and renumbering Sections accordingly

and by striking beginning on line 21 of page (18) Section G in its entirety ending on line 7 of page (20). Then reassigning numbers accordingly.

Senator Thompson of the 33rd asked unanimous consent that his amendment #3 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Powell of the 23rd offered the following amendment #4 to SB 382:

By inserting a new section immediately following line 22 of page 46 as follows:

"Section 5.1

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Said Title is further amended by striking Code Section 19-10-1, relating to abandonment of dependent child, and inserting in lieu thereof the following:
"19-10-1. (a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter or does not pay child support as ordered by a court for the needs of the child. (b) If any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, he or she shall be guilty of a misdemeanor. Moreover, if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, and leaves this state or if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, after leaving this state, he or she shall be guilty of a felony punishable by imprisonment for not less than one nor more than three years. The felony shall be reducible to a misdemeanor. Any person, upon conviction of the third offense for violating this Code section, shall be guilty of a felony and shall be imprisoned for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor. Further, the court may order the defendant father or mother's picture to be published in the legal organ of the county. The husband and wife shall be competent witnesses in such cases to testify for or against the other. (c) The offense of abandonment is a continuing offense. Except as provided in subsection (i) of this Code section, former acquittal or conviction of the offense shall not be a bar to further prosecution therefor under this Code section, if it is made to appear that the child in question was in a dependent condition, as defined in this Code section, for a period of 30 days prior to the commencement of prosecution. (d) In prosecutions under this Code section when the child is born out of wedlock, the venue of the offense shall be in the county in which the child and the mother are domiciled at the time of the swearing out of the arrest warrant; but, if the child and the mother are domiciled in different counties, venue shall be in the county in which the child is domiciled. (e) Upon the trial of an accused father or mother under this Code section, it shall be no defense that the accused father or mother has never supported the child. (f) In the trial of any abandonment proceeding in which the question of parentage arises, regardless of any presumptions with respect to parentage, the accused father may request a paternity blood test and agree and arrange to pay for same; and in such cases the court before which the matter is brought, upon pretrial motion of the defendant, shall order that the alleged parent, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged parent, the known natural parent, and the child. The results of those blood tests and comparisons, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician,

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duly qualified immunologist, duly qualified geneticist, or other duly qualified person. Upon receipt of a motion and the entry of an order under this subsection, the court shall proceed as follows: (1) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsistent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged parent cannot be the natural parent of the child, the jury shall be instructed that if they believe that the witness presenting the results testified truthfully as to those results and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent; (2) The court shall require the defendant requesting the blood tests and comparisons pursuant to this subsection to be initially responsible for any of the expenses thereof. Upon the entry of a verdict incorporating a finding of parentage or nonparentage, the court shall tax the expenses for blood tests and comparisons, in addition to any fees for expert witnesses whose testimonies supported the admissibility thereof, as costs. (g) In prosecutions under this Code section, when the child is born out of wedlock and the accused father is convicted, the father may be required by the court to pay the reasonable medical expenses paid by or incurred on behalf of the mother due to the birth of the child. (h) The accused father and the mother of a child born out of wedlock may enter into a written agreement providing for future support of the child by regular periodic payments to the mother until the child reaches the age of 18 years, marries, or becomes selfsupporting; provided, however, that the agreement shall not be binding on either party until it has been approved by the court having jurisdiction to try the pending case. (i) If, during the trial of any person charged with the offense of abandonment as defined in this Code section, the person contends that he or she is not the father or mother of the child alleged to have been abandoned, in a jury trial the trial judge shall charge the jury that if its verdict is for the acquittal of the person and its reason for so finding is that the person is not the father or mother of the child alleged to have been abandoned, then its verdict shall so state. In a trial before the court without the intervention of the jury, if the court renders a verdict of acquittal based on the contention of the person that he or she is not the father or mother of the child alleged to have been abandoned, the trial judge shall so state this fact in his verdict of acquittal. Where the verdict of the jury or the court is for acquittal of a person on the grounds that the person is not the father or mother of the child alleged to have been abandoned, the person cannot thereafter again be tried for the offense of abandoning the child, and the verdict of acquittal shall be a bar to all civil and criminal proceedings attempting to compel the person to support the child. (j)(1) In a prosecution for and conviction of the offense of abandonment, the trial court may suspend the service of the sentence imposed in the case, upon such terms and conditions as it may prescribe for the support, by the defendant, of the child or children abandoned during the minority of the child or children. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction

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thereof, after a hearing as in cases of revocation or probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. (2) Service of any sentence suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before the child or children reach the age of majority, after a hearing as provided in paragraph (1) of this subsection and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended by the court having jurisdiction thereof. (3) Notwithstanding any other provisions of law, in abandonment cases where the suspension of sentence has been revoked and the defendant is serving the sentence, the court may thereafter again suspend the service of sentence under the same terms and conditions as the original suspension. The sentence shall not be considered probated and the defendant shall not be on probation, but the defendant shall again be under a suspended sentence. However, the combined time of incarceration of the defendant during the periods of revocation of suspended sentences shall not exceed the maximum period of punishment for the offense. (4) Notwithstanding any other provision of law to the contrary, the terms and conditions prescribed by the court as to support by the defendant shall be subject to review and modification by the court, upon notice and hearing to the defendant, as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs. The review provided for in this paragraph as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs shall not be had in less than two-year intervals and shall authorize the court to increase as well as to decrease the amount of child support to be paid as a term and condition of the suspended sentence. The review as to ability to support and adequacy of support shall not be equivalent to a hearing held in cases of revocation of probated sentences for purposes of service of the suspended sentence; nor shall a modification, if any, be deemed a change in sentence; nor shall a notification, if any, be deemed to change the suspended sentence to a probated sentence."
Senator Powell of the 23rd asked unanimous consent that his amendment #4 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Powell of the 23rd offered the following amendment #5 to SB 382:
By inserting a new section immediately following line 22 of page 46 as follows:
"Section 5.1
Said title is further amended by striking Code Section 19-10-1, relating to abandonment of dependent child, and inserting in lieu thereof the following:

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"19-10-1. (a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter or does not pay child support as ordered by a court for the needs of the child. (b) If any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, he or she shall be guilty of a misdemeanor. Moreover, if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, and leaves this state or if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, after leaving this state, he or she shall be guilty of a felony punishable by imprisonment for not less than one nor more than three years. The felony shall be reducible to a misdemeanor. Any person, upon conviction of the second offense for violating this code section, shall be guilty of a high and aggravated misdemeanor and shall be subject to a fine for not less than $500.00 nor more than $1,000.00. Any person, upon conviction of the third offense for violating this Code section, shall be guilty of a felony, and shall be imprisoned for not less than one nor more than three years, and shall be subject to a fine for not less than $1,000.00 nor more than $3,000.00, which felony shall not be reducible to a misdemeanor. Any person, upon conviction of the fourth or subsequent offense for violating this Code section, shall be guilty of a felony, shall be imprisoned for not less than three nor more than five years, and shall be subject to a fine for not less than $1,000.00 nor more than $5,000.00. The husband and wife shall be competent witnesses in such cases to testify for or against the other. (c) The offense of abandonment is a continuing offense. Except as provided in subsection (i) of this Code section, former acquittal or conviction of the offense shall not be a bar to further prosecution therefor under this Code section, if it is made to appear that the child in question was in a dependent condition, as defined in this Code section, for a period of 30 days prior to be commencement of prosecution. (d) In prosecutions under this code section when the child is born out of wedlock, the venue of the offense shall be in the county in which the child and the mother are domiciled at the time of the swearing out of the arrest warrant; but, if the child and the mother are domiciled in different counties, venue shall be in the county in which the child is domiciled. (e) Upon the trial of the accused father or mother under this Code section, it shall be no defense that the accused father or mother has never supported the child. (f) In the trial of any abandonment proceeding in which the question of parentage arises, regardless of any presumptions with respect to parentage, the accused father may request a paternity blood test and agree and arrange to pay for same; and in such cases the court before which the matter is brought, upon pretrial motion of the defendant, shall order that the alleged parent, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged parent, the known natural parent, and the child. The results of those blood tests and comparisons,

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including the statistical likelihood of the alleged parents parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. Upon receipt of a motion and the entry of an order under this subsection, the court shall proceed as follows: (1) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsistent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged parent cannot be the natural parent of the child, the jury shall be instructed that if they believe that the witness presenting the results testified truthfully as to those results and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent; (2) The court shall require the defendant requesting the blood tests and comparisons pursuant to this subsection to be initially responsible for any of the expenses thereof. Upon the entry of a verdict incorporating a finding of parentage or nonparentage, the court shall tax the expenses for blood tests and comparisons, in addition to any fees for expert witnesses whose testimonies supported the admissibility thereof, as costs. (g) In prosecutions under this Code section, when the child is born out of wedlock and the accused father is convicted, the father may be required by the court to pay the reasonable medical expenses paid by or incurred on behalf of the mother due to the birth of the child. (h) The accused father and the mother of a child born out of wedlock may enter into a written agreement providing for future support of the child by regular periodic payments to the mother until the child reaches the age of 18 years, marries, or becomes selfsupporting; provided, however, that the agreement shall not be binding on either party until it has been approved by the court having jurisdiction to try the pending case. (i) If, during the trial of any person charged with the offense of abandonment as defined in this Code section, the person contends that he or she is not the father or mother of the child alleged to have been abandoned, in a jury trial the trial judge shall charge the jury that if its verdict is for the acquittal of the person and its reason for so finding is that the person is not the father or mother of the child alleged to have been abandoned, then its verdict shall so state. In a trial before the court without the intervention of the jury, if the court renders a verdict of acquittal based on the contention of the person that he or she is not the father or mother of the child alleged to have been abandoned, the trial judge shall so state this fact in his verdict of acquittal. Where the verdict of the jury or the court is for acquittal of a person on the grounds that the person is not the father or mother of the child alleged to have been abandoned, the person cannot thereafter again be tried for the offense of abandoning the child, and the verdict of acquittal shall be a bar to all civil and criminal proceedings attempting to compel the person to support the child. (j)(1) In a prosecution for and conviction of the offense of abandonment, the trial court may suspend the service of the sentence imposed in the case, upon such terms and conditions as it may prescribe for the support, by the defendant, of the child or children

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abandoned during the minority of the child or children. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation or probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. (2) Service of any sentence suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before the child or children reach the age of majority, after a hearing as provided in paragraph (1) of this subsection and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended by the court having jurisdiction thereof. (3) Notwithstanding any other provisions of law, in abandonment cases where the suspension of sentence has been revoked and the defendant is serving the sentence, the court may thereafter again suspend the service of sentence under the same terms and conditions as the original suspension. The sentence shall not be considered probated and the defendant shall not be on probation, but the defendant shall again be under a suspended sentence. However, the combined time of incarceration of the defendant during the periods of revocation of suspended sentences shall not exceed the maximum period of punishment for the offense. (4) Notwithstanding any other provision of law to the contrary, the terms and conditions prescribed by the court as to support by the defendant shall be subject to review and modification by the court, upon notice and hearing to the defendant, as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs. The review provided for in this paragraph as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs shall not be had in less than two-year intervals and shall authorize the court to increase as well as to decrease the amount of child support to be paid as a term and condition of the suspended sentence. The review as to ability to support and adequacy of support shall not be equivalent to a hearing held in cases of revocation of probated sentences for purposes of service of the suspended sentence; nor shall a modification, if any, be deemed a change in sentence; nor shall a modification, if any, be deemed to change the suspended sentence to a probated sentence."
Senator Powell of the 23rd asked unanimous consent that his amendment #5 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Unterman of the 45th, Butler of the 55th, Miles of the 43rd, Thomas of the 2nd, Tate of the 38th and others offered the following amendment #6:
Amend SB 382 by striking the phrase "Parenting Time Units" on line 4 of page 10 and inserting in its place the following:
Days

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By striking lines 21 through 35 of page 18, page 19 in its entirety, and lines 1 through 7 of page 20 and inserting in lieu thereof the following:
(g) Parenting Time Adjustment. (1) For purposes of this subsection, the term 'Day' means that a Child spends more than 12 hours of a calendar day with or under the control of a Parent and that Parent expends a reasonable amount of resources on the Child during such time period directly related to the care and supervision of the Child. Partial days of parenting time that are not consistent with this definition shall not be considered a 'Day' under this Code Section. A Child is under the control of a Parent when the Child is in the Parents home or at school, work related day care, or such activity as the Parent expressly permits. (2) The Child Support Obligation Table is based upon expenditures for the Child in intact households and therefore there is no consideration for cost associated with court ordered visitation exceeding the standard visitation period with the Noncustodial Parent, which, for purposes of this Table only, typically includes a minimum of every other weekend from Friday through Sunday, two weeks in the summer, and two weeks during holidays throughout the year, for a total of approximately 80 days per calendar year. (3)(A) If the Noncustodial Parent is ordered more than 120 days of court ordered visitation per calendar year with a Child, the Noncustodial Parents Basic Support Obligation may be reduced as provided in subparagraph (B) of this paragraph. (B) Determine the Adjustment Percentage based upon the following schedule:

Number of Days

Adjustment Percentage

121 - 136 Days

10 percent

137 - 151 Days

20 percent

152 - 166 Days

30 percent

167 - 181 Days

40 percent

182 or more Days

50 percent

(C) Multiply the adjustment percentage by the Noncustodial Parents Basic Child

Support Obligation, and the resulting number from this multiplication may be

subtracted from the Noncustodial Parents Basic Child Support Obligation to arrive

at the Parenting Time Adjustment upon a showing by the preponderance of the

evidence that the Parenting Time Adjustment is consistent with the best interests of

the Child.

(D) If there is more than one Child in the case with whom the Noncustodial Parent

is ordered more than 120 days of visitation per calendar year, and the Noncustodial

Parent is ordered different amounts of visitation time with each Child, then the time

the Noncustodial Parent is ordered with each Child shall be averaged to determine

the Parenting Time Adjustment.

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(E) If the Adjusted Incomes of the Parents are equal and the court ordered visitation with each Parent is equal, neither Parent shall pay any Basic Child Support Obligation; provided, however, that either Parent may be responsible for additional support obligations, including a Parents pro rata share for Health Insurance, Work Related Child Care Costs, Uninsured Health Care Expenses, and Deviations for Extraordinary Expenses as set forth in subparagraph (i)(2)(I) of this Code section. (4) Where a Parenting Time Adjustment is ordered and the Noncustodial Parent fails to exercise the court ordered visitation, the court shall have the power to sanction the Noncustodial Parent to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court. Any proceeding for compliance pursuant to this authority shall be a part of the underlying action, and a motion for such enforcement shall not constitute the filing of a new action or require the payment of a new filing fee. (5) In accordance with subsection (d) of Code Section 19-11-8, if any action or claim for Parenting Time Adjustment is brought under this subsection, it shall be an action or claim solely between the Custodial Parent and the Noncustodial Parent, and not any third parties, including the Child Support Enforcement Agency.

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

N Hill,Jack N 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 N Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 49, nays 6, and the Unterman et al. amendment #6 was adopted.

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Senator Seabaugh of the 28th asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

Senator Seay of the 34th offered the following amendment #7 to SB 382:

By inserting immediately after the word "Agency." on line 7 of page 20 the following:

"Where a Parenting Time Adjustment is ordered and the Noncustodial Parent fails to exercise the court ordered visitation, the court shall have the power to sanction the Noncustodial Parent to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court. Any proceeding for compliance pursuant to this authority shall be a part of the underlying action, and a motion for such enforcement shall not constitute the filing of a new action or require the payment of a new filing fee."

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

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

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

On the adoption of the amendment, the yeas were 54, nays 0, and the Seay amendment #7 was adopted.

The following communication was received by the Secretary:

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Senator Steen Miles District 43 325-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Banking and Financial Institutions Public Safety and Homeland Security Special Judiciary State Institutions and Property

The State Senate Atlanta, Georgia 30334

The button on my roll call machine malfunctioned. Please record a yes vote on Amendment #7.

/s/ Steen Miles

Senator Thompson of the 33rd offered the following amendment #8:

Amend SB 382 by striking beginning on line 21 of page (18) Section G in its entirety, and inserting "(g) Reserved."

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

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

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

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

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153

On the adoption of the amendment, the yeas were 21, nays 34, and the Thompson of the 33rd amendment #8 was lost.

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

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

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

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

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

On the passage of the bill, the yeas were 38, nays 17.

SB 382, having received the requisite constitutional majority, was passed as amended.

Senator Seabaugh of the 28th introduced Congressman Lynn Westmoreland. Congressman Westmoreland addressed the Senate briefly.

Senator Williams of the 19th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. tomorrow, and the President announced the motion prevailed at 12:56 p.m.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by Honorable Leah Ward Sears, Chief Justice of the Supreme Court of Georgia,

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was called to order by the Speaker of the House. HR 1107, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
Honorable Leah Ward Sears, Chief Justice of the Supreme Court of Georgia, addressed the Joint Session of the Senate and the House of Representatives as follows:
Speaker Richardson, Lieutenant Governor Taylor, President Pro Tem Johnson, Representative Burkhalter, distinguished members of the General Assembly, other special guests including my mother, Onnye Jean Sears, who is here with me today, and my beloved husband, Haskell Ward of Griffin. My fellow Georgians.
I am honored to address this distinguished body for the first time. I appear before you as a representative of the judiciary, many of whom are present today.
I'd like to take a minute to thank my colleagues who have been so supportive during my first few months as chief justice. Thank you Presiding Justice Carol Hunstein, Former Chief Justice Robert Benham, and Justices Carley, Thompson, Hines and Melton, our newest justice.
This afternoon I stand before you as the Chief Justice of the state's court of last resort. But I started my judicial career in 1982 in a court of first resort, the Atlanta Traffic Court. In that court I worked with 7 other municipal court judges to dispose of more than 300 cases a day in one of the busiest courts in the state. In 1988, I became a superior court judge. There I learned a great deal about the responsibility of a judge from some of the best trial judges in the country. In 1992 I moved to the Supreme Court of this great state where I have served for the last 14 years.
During the 24 years that I have been a judge, I have had the opportunity to learn about what you as legislators do. I understand and respect the essential role you play in our state government. You are the makers of our laws and the guardians of the people's purse. There is no more important mission in state government. As I look around the chamber of this General Assembly, I see many friends of long-standing both Republican and Democrat. Your assistance to the judiciary over the years has been invaluable. You have also helped to put me at ease every time my duties as Chief Justice have brought me to this building. I thank each and every one of you for your courtesy and your friendship.
No review of the past year can ignore the violent events that took place down the street during the final days of the legislative session last year. On March 11, 2005, the state, in fact the nation, was shocked by the horrific incident in the Fulton County Courthouse. On March 11th Judge Rowland Barnes, court reporter Julie Brandau and deputy Hoyt Teasley were killed. This attack shattered our complacency and shook us to the core. It has had a profound impact on the judicial branch of government in Georgia. In addition to testing our resolve, the incident underscored the need to improve safety and security

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for judges and judicial employees, both within and outside courthouses. Hard working, decent, court officials, litigants and their families, should never face violent attack. We look forward to working with you to find solutions for the security problems we face. And we pledge never to forget the dedication and sacrifice of our fallen colleagues.
In spite of the tragic events of March 11, I am pleased to report that, today, the state of Georgia's judiciary is sound, strong and working well to meet the challenges that face us. This is due in large part to the efforts of the justices of the Supreme Court, the judges of the Court of Appeals, ably lead by Chief Judge Jack Ruffin, and hundreds of trial judges throughout the state. I also have to acknowledge the thousands of judicial employees who make it possible for us to do our jobs.
Appellate Courts I want first to mention Georgia's appellate courts because the Supreme Court and the Court of Appeals are both very busy and highly productive. On average, the Supreme Court dockets 2000 cases each year, while the Court of Appeals dockets about 3200 cases. In addition to having very large caseloads, both Courts rank 10th in the nation in the number of written opinions they issue.
Judicial Council of Georgia The Judicial Council has had an outstanding year. Representatives from every facet of the state judiciary are working in harmony on many projects designed to improve our judicial system.
Administrative Office of the Courts The Administrative Office of the Courts, which continues to undergo needed reorganization and consolidation, is meeting its mandate of providing a variety of services to the judiciary. That agency is also assisting courts at all levels in managing their caseloads effectively and efficiently.
During the past year, the AOC staffed the Child Support Guidelines Commission, which was charged with the tremendous task of implementing the child support legislation passed by you last year. The AOC also embarked on a court e-filing initiative, collaborating with other agencies and the clerks of court in Washington, Bibb, and Walker counties, in addition to the Supreme Court. Finally, the AOC has taken great strides in meeting federal mandates for electronic submission of traffic citations. In 2003 only 25% of citations were submitted to the Department of Driver Services electronically. In 2005 that percentage had risen to 72%.
Accountability Courts In recent years Georgia has experimented with Accountability courts. These courts have been called the most significant criminal justice initiatives in the last century.

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Our drug courts have been a resounding success thanks in large part to the work of Judge George Kreeger of Cobb County. Judge Kreeger is chair of the Judicial Council's Standing Committee on Drug Courts. Alcohol and drug abuse figure prominently in the majority of our criminal cases in Georgia. We currently have 39 operational drug courts in Georgia; but our goal is to have drug courts in all 49 Judicial Circuits. These courts are holding offenders accountable, saving the state and local governments money, changing lives, and reuniting families.
Judge Kent Lawrence of Athens-Clarke County, with the assistance of the Administrative Office of the Courts and the Governor's Office of Highway Safety, has pioneered the development of a DUI Court Demonstration Project. This court has become the National Model for DUI Courts. Judge Lawrence and the other judges who have embarked on this new effort are to be applauded for the success of the programs. There are now 7 DUI Court programs operating and another several more will begin within the next few months.
Also, as counties seek ways to respond to the increasing numbers of people with mental illness entering the criminal justice system, mental health courts are emerging in Georgia. Georgia now has three such courts. One was begun by Judge Stephen Goss in Albany. The second mental health court was founded by Judge John Allen in Muscogee County. And Judge Kathleen Gosselin has spearheaded the implementation of a third mental health court in Gainesville. These courts treat adult criminal defendants with mental illness and divert them from jail into treatment programs while ensuring public safety.
The Fulton County Family Court has also proved to be very effective. Improving the delivery of services to families and children has long been a priority of the judicial council and mine. Since taking office as Chief Justice, I have become keenly aware of the toll the growing dysfunction of Georgia's families is having on our legal system. Indeed, civil cases involving domestic relations problems now outnumber all felony and misdemeanor cases combined. And two-thirds of the young people convicted of major felonies from 1970 to 1995 came from single or no parent homes. One of the ways that we have chosen to address this problem was to institute the Family Court pilot project. That project is designed to consolidate multiple domestic relations cases involving the same family under one judge so that the decision-making process is consistent.
But I think it is also important, in fact it is critical, for us to begin to deal with the legal crisis created by the disintegration of the family. We must restore the importance of marriage and family as the foundation of society. A large and growing body of social science research shows that the health and well-being of our children are strongly linked to the health of marriage. So devising strategies for Georgians to get and stay married to the people with whom they have children must be an important aim of government and the courts.

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Other goals for children in 2006 include improving legal representation in juvenile courts, seeking ways to expedite appeals for child deprivation cases, and increasing the education and dialogue about how important placement stability is for children in foster care.
Judicial Independence I would be remiss if I did not talk for a minute about the role of judges, given the present climate in our nation regarding the judiciary and our courts. The judicial branch is in the business of providing justice, and justice is not, and has never been, a matter of politics. As our chief justice said last year, justice is a right guaranteed by the Constitutions of the United States and the State of Georgia. Although it may be appropriate for lawmakers like you to consider public opinion and the views of special interest groups when drafting laws, it is never appropriate for judges to do so when deciding cases. In this respect, the judiciary is very different from the other two branches of government.
Advancements in technology and communication have made the judiciary and its operations far more transparent and subject to much greater public scrutiny than in the past. Controversial issues garner more attention and provoke comment more quickly than when the founders envisioned our tripartite form of government. This is a good thing. Informed discourse and debate are the hallmarks of American democracy. But it is not the role of a judge to try cases in the court of public opinion. Rather, it is the job of a judge to be a fair and impartial arbiter of conflict. It is the job of a judge to interpret the laws that you make in light of sound legal reasoning and well established precedent, not based on personal feelings, politics or opinion polls. Finally, it is the job of a judge to protect the rights of all people, without regard to race, creed, or social and economic status. And the judges I have known in my 25 years on the bench are to be commended for working hard to do just that everyday.
The judicial, executive and legislative branches of government must work together to address the modern popular misconceptions of the courts. Our democracy will continue to thrive only as long as our courts do. We must protect our courts, ladies and gentlemen, or our courts will never be able to protect us.
Judicial Budget With regard to our budget requests, I will be brief. As Alexander Hamilton observed 200 years ago, "the judiciary has the power neither of the sword nor of the purse, but merely judgment." As the body to whom the power of the purse has been given, I only ask that you consider the essential role you play in preserving and, indeed, improving our court system. In recent years, the judiciary has consistently been limited to an appropriation of less than 1% of the state's general fund budget. Yet we play a vital although not easily recognized role in the state's economy.

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When an industry considers relocating to Georgia, our extensive transportation network, good schools, skilled work force and fair taxes are all points in our favor. But no less important is our strong, professional and efficient court system in which that industry can be assured of receiving fair and consistent treatment in legal disputes both for itself and its employees.
Our goal is the same as yours and the Governor's: we want to provide excellent customer service to the citizens of Georgia. In order to meet that goal, we must have adequate resources. The most common interactions most people have with their state governments are in trying to get a driver's license and going to court for some reason or another. We must dedicate as many resources to improving customer service and efficiency within the courts as we do for other state services.
Superior Court Judgeships I do want to mention another matter affecting the judicial branch and its budget. The Judicial Council has recommended the creation of 10 additional superior court judgeships in those counties that are experiencing a rapid increase in population and an ever increasing caseload in both the criminal and civil dockets. I urge you to give this recommendation your favorable consideration as well. The Council recommends new judgeships only after careful study based on its annual workload assessment of Georgia's 49 superior court circuits. Delay in creating these judgeships means that the people of the Houston, Paulding and Southern judicial circuits, to name only a few, do not have an adequate number of judges today to hear a growing volume of cases. Georgia is fortunate to have dedicated and talented superior court judges, but we need more than talent and dedication if we are to address the demands of a growing state population. People generate litigation. More people generate more litigation. I ask that you strongly consider funding these 10 new judgeships.

Indigent Defense Before I close, I want to take a moment and address the needs of the statewide public defender system in Georgia, which you created during the 2003 session and funded in the 2005 fiscal year budget. That system, I am pleased to report, is off to a great start. As you know, there are three essential parts of the criminal justice system, the courts (led by judges), the prosecutors and the defenders. As such, the criminal justice system is like a three-legged stool. Now, we all know that a two-legged stool won't stand up. And that's what we had in Georgia for a long time, a two-legged stool. But, thankfully, with the creation of a statewide indigent defense system, we now have all three components on a firm foundation. All I ask of you at this time is that you please continue your commitment to fund the system you created two years ago.
This morning I talked with you about the importance of the judiciary remaining fair, impartial and independent. I want to end by acknowledging our interdependence.

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Although each branch of government is separate, we are also connected in that we share a mutual quest for excellence in government.
My good friends, we are all partners in this great enterprise of representative government and are all traveling on the same path. Our roles and responsibilities are different, but our goal is the same--to serve the people of Georgia to the best of our abilities.
Thank you for your courtesy in inviting me in today, for your attention to my remarks, and for your unfailing devotion to the people of Georgia. God bless you, God bless Georgia, and God bless America.
Senator Williams of the 19th moved that the Joint Session be hereby dissolved.
The motion prevailed, and the Speaker of the House announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Thursday, January 26, 2006.

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Senate Chamber, Atlanta, Georgia Thursday, January 26, 2006 Ninth Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 713.

By Representatives Franklin of the 43rd, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observations, so as to declare Ronald Reagan Day in Georgia; to make certain legislative observations; to repeal conflicting laws; and for other purposes.

HB 1068. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Manning of the 32nd, Golick of the 34th and others:

A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to provide for procedures relating to the establishment or revision of school attendance zones; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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SB 84.

By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others:

A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following communication was received by the Secretary:

Senator Preston Smith District 52 301-A Coverdell Office Building Atlanta, GA 30334

Committees: Appropriations Judiciary Ethics Health and Human Services Reapportionment and Redistricting Retirement

The State Senate Atlanta, Georgia 30334

Mr. Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol 18 Capitol Square Atlanta, GA 30334

January 26, 2006

Re: SB 382

Dear Frank:

On Wednesday, January 26, 2006, I was excused from the Senate chamber for business outside the Capitol. It has come to my attention that someone apparently pushed a voting button on my desk machine during the vote on amendment number two to SB 382. There could be a simple explanation such as a page or other person laying something on my desk and inadvertently pushing the button. Or, someone may have intentionally (and improperly) voted my machine.

Nevertheless, the recorded votes show that I was excused before and through the first amendment on SB 382. Then a vote was improperly recorded for amendment number two, causing the computer to remove me the excused status. No vote was cast for

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amendment number three but, of course, the computer had already removed me from the excused status. Before the vote on amendment number four, Sen. Seabaugh realized the error and made a second motion to excuse me. Accordingly, the remainder of the votes on the amendments and underlying bill reflect that I was excused. I should have been excused for the entirety of the amendments (including the votes on amendments two and three). I wanted to send you written notice of this in the event that the record needs to be corrected or reflected differently. Please let me know if you have any questions or concerns.
Sincerely,
/s/ Preston W. Smith
The following Senate legislation was introduced, read the first time and referred to committee:
SB 455. By Senators Shafer of the 48th and Wiles of the 37th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to define certain terms; to provide that it shall be illegal for a customer proprietary network information broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 43-38-11 of the O.C.G.A., relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the O.C.G.A., relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for rules and regulations; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 456. By Senators Wiles of the 37th and Shafer of the 48th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that it shall be unlawful to disseminate certain information relating to mobile telephone usage without the express consent of the subscriber; to provide that it shall be unlawful for an officer, employee, agent, or other person affiliated with a mobile telephone service provider to disseminate such

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information; to provide that it shall be unlawful to buy or otherwise obtain such information; to provide for penalties; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 457. By Senators Hill of the 4th and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 458. By Senators Jones of the 10th, Seay of the 34th, Butler of the 55th, Tate of the 38th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, so as to provide for nonbinding arbitration of proposed takings under certain circumstances; to provide for the review of the legality of a proposed taking; to provide for the stay of certain proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 459. By Senators Jones of the 10th, Seay of the 34th, Butler of the 55th, Tate of the 38th, Brown of the 26th and others:
A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, so as to redefine blighted areas; to provide that the condemnation of private property by housing authorities must first be approved by the governing authority of the county or municipality in which such property is located; to amend Chapter 1 of Title 22 of the O.C.G.A., relating to general provisions regarding eminent domain, so as to require that authorities with the power of eminent domain shall not exercise such power with regard to private property without first obtaining approval by the governing authority; to amend Title 36 of the O.C.G.A., relating to local government, so as to provide that county and municipal authorities with the power of eminent domain shall

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not exercise such power with regard to private property without first obtaining approval by the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 460. By Senators Jones of the 10th, Seay of the 34th, Butler of the 55th, Tate of the 38th, Brown of the 26th and others:
A BILL to be entitled an Act to amend Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, so as to require condemnors to negotiate in good faith; to require that special masters meet certain qualifications; to permit the consideration of certain expenses and intangible values in ascertaining the proper amount of compensation for property; to provide for the consideration by the condemnor of alternative sites and options; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 461. By Senators Jones of the 10th, Seay of the 34th, Butler of the 55th, Tate of the 38th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, so as to require that condemnors provide the owner of the property sought to be condemned through the exercise of the power of eminent domain notice of the property owners rights and a description of the condemnation process to be employed; to provide for the contents of such notice; to provide that the Department of Community Affairs shall promulgate such notice for use by condemnors; to provide for sanctions for failure to provide such notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 462. By Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of the 53rd and Miles of the 43rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to amend Chapter 9 of Title 36 of the Official Code

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of Georgia Annotated, relating to county property generally, so as to remove courthouses and jails from the list of properties protected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 463. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsmens licenses, license card carrier requirements, and creation of lifetime sportsmans licenses, so as to provide for veterans lifetime sportsmans licenses and fees therefor; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
The following House legislation was read the first time and referred to committee:
HB 713. By Representatives Franklin of the 43rd, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observations, so as to declare Ronald Reagan Day in Georgia; to make certain legislative observations; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
HB 1068. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Manning of the 32nd, Golick of the 34th and others:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to provide for procedures relating to the establishment or revision of school attendance zones; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
The following committee reports were read by the Secretary:

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Mr. President:

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

SB 435 Do Pass

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

Mr. President:

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

SB 440 Do Pass SR 655 Do Pass

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

Mr. President:

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

SB 249 Do Pass as amended

Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman

Mr. President:

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

SR 686 Do Pass

Respectfully submitted, Senator Stephens of the 27th District, Chairman

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The following legislation was read the second time:

SB 390
Senator Goggans of the 7th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

Senator Weber of the 40th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson 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.

Senator Pearson of the 51st asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

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

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

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

Shafer,D Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Unterman Weber Whitehead Williams

Not answering were Senators:

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Adelman Moody (Excused) Tolleson

Fort Rogers (Excused) Wiles (Excused)

Henson (Excused) Thompson, S (Excused) Zamarripa (Excused)

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

Senators:

Fort

Tolleson

The members pledged allegiance to the flag.

Senator Pearson of the 51st introduced the chaplain of the day, Pastor Austin Gardner of Alpharetta, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 722. By Senators Tolleson of the 20th and Bulloch of the 11th:

A RESOLUTION recognizing the year of 2006 as the 75th Anniversary Celebration of Georgia's State Parks and Historic Sites; and for other purposes.

SR 723. By Senators Whitehead, Sr. of the 24th, Cagle of the 49th, Moody of the 56th, Kemp of the 46th, Goggans of the 7th and others:

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

SR 724. By Senator Williams of the 19th:

A RESOLUTION commending Mr. and Mrs. Raleigh Wilcox on the occasion of their sixtieth wedding anniversary; and for other purposes.

SR 725. By Senator Starr of the 44th:

A RESOLUTION congratulating Mrs. Lois Doggett Clayborn on the occasion of her 100th birthday; and for other purposes.

SR 726. By Senator Hill of the 32nd:

A RESOLUTION remembering and honoring the life of Robert J. Haffamier; and for other purposes.

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169

SR 727. By Senators Smith of the 52nd, Williams of the 19th, Harp of the 29th, Carter of the 13th, Kemp of the 46th and others:

A RESOLUTION commending and remembering the life of Richard Thomas Hickman; and for other purposes.

SR 728. By Senator Tolleson of the 20th:

A RESOLUTION commending David M. Word; and for other purposes.

Senator Tolleson of the 20th recognized representatives of Georgia's registered nurses, commended by SR 683, adopted previously.

Senator Douglas of the 17th presented a Georgia state flag carried into battle by the 48th Brigade to the Georgia State Senate.

Senator Chance of the 16th introduced Mayor Harold Logsdon of Peachtree City.

SENATE RULES CALENDAR THURSDAY, JANUARY 26, 2006
NINTH LEGISLATIVE DAY

SB 120

Broadband, Voice over Internet, Wireless; no requirements by any state agency (Substitute)(Amendment)(RI&Util-28th)

Respectfully submitted,

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

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

Senator Adelman of the 42nd asked unanimous consent that he be excused from voting on SB 120 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Adelman was excused.

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

Senator Smith of the 52nd asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

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SB 120. By Senators Seabaugh of the 28th, Balfour of the 9th, Stoner of the 6th, Chance of the 16th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide legislative findings and intent; to provide definitions; to provide that no state agency shall impose any requirement on broadband service, voice over Internet protocol, or wireless service; to provide that existing requirements are void; to provide for exceptions and construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 120:
A BILL TO BE ENTITLED AN ACT
To enact the "Competitive Emerging Communications Technologies Act of 2006"; to provide legislative findings; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide definitions; to provide that the Georgia Public Service Commission shall not impose any requirement relating to rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds:
(1) That it is in the public interest to encourage deployment of the emerging communications technologies of broadband service, voice over Internet protocol, and wireless service by expressly removing any power the Georgia Public Service Commission may have to set the rates and the terms and conditions for the offering of such services within Georgia; (2) That market based competition is the best mechanism for the selection and setting of such rates, terms, and conditions for such emerging communications technologies and to encourage the adoption and use of such services by Georgia consumers; and (3) That Georgias consumers need timely and accurate information as to the actual cost and levels of delivered service in order to make informed market based choices among competing offerings of such emerging communications technologies.
SECTION 2. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone

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and telegraph service, is amended by inserting a new article to be designated Article 6 to read as follows:
ARTICLE 6
46-5-200. This article shall be known and may be cited as the 'Competitive Emerging Communications Technologies Act of 2006.'
46-5-201. As used in this article, the term:
(1) 'Broadband service' means a service that consists of the capability to transmit at a rate not less than 200 kilobits per second in either the upstream or downstream direction and in combination with such service provide either:
(A) Access to the Internet; or (B) Computer processing, information storage, or protocol conversion. For the purposes of this article, broadband service does not include any information content or service applications provided over such access service nor any intrastate service that was subject to a tariff in effect as of September 1, 2005. (2) 'VoIP' means voice over Internet protocol services offering real time multidirectional voice functionality utilizing any Internet protocol. (3) 'Wireless service' means commercial mobile radio service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves.
46-5-202. (a) The Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose any requirement or regulation relating to the setting of rates or terms and conditions for the offering of broadband service, VoIP, or wireless service. (b) This Code section shall not be construed to affect:
(1) State laws of general applicability to all businesses, including, without limitation, consumer protection laws and laws relating to restraint of trade; or (2) Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements. (c) Except as otherwise expressly provided in this Code section, nothing in this Code section shall be construed to restrict or expand any other authority or jurisdiction of the Public Service Commission.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Senators Seabaugh of the 28th, Thomas of the 2nd and Shafer of the 48th offered the following amendment:

Amend the Senate Regulated Industries and Utilities Committee substitute to SB 120 (LC 36 0023ERS) by striking lines 24 through 30 of page 2 and inserting in lieu thereof the following: (b) This Code section shall not be construed to affect:
(1) State laws of general applicability to all businesses, including, without limitation, consumer protection laws and laws relating to restraint of trade; (2) Any authority of the Public Service Commission with regard to consumer complaints; or (3) Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements.

On the adoption of the amendment, the yeas were 33, nays 0, and the Seabaugh et al. amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted as amended.

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

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

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

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

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

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Y Grant Y Hamrick Y Harbison Y Harp
Heath E Henson

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

Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 46, nays 3.

SB 120, having received the requisite constitutional majority, was passed by substitute.

Senator Hill of the 32nd introduced the doctor of the day, Dr. J. Thomas Cooper.

The following resolution was read and adopted:

HR 1114. By Representative Keen of the 179th:

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2006 regular session of the General Assembly for the period of January 23, 2006, through February 6, 2006, shall be as follows:

Monday, January 23.......................................in session for legislative day 6 Tuesday, January 24.......................................in session for legislative day 7 Wednesday, January 25..................................in session for legislative day 8 Thursday, January 26 .....................................in session for legislative day 9 Friday, January 27..........................................in adjournment Saturday, January 28 ......................................in adjournment Sunday, January 29 ........................................in adjournment Monday, January 30.......................................in adjournment Tuesday, January 31.......................................in session for legislative day 10 Wednesday, February 1..................................in session for legislative day 11 Thursday, February 2 .....................................in session for legislative day 12 Friday, February 3..........................................in session for legislative day 13 Saturday, February 4 ......................................in adjournment Sunday, February 5 ........................................in adjournment Monday, February 6.......................................in session for legislative day 14

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BE IT FURTHER RESOLVED that on and after February 6, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.
Senator Tolleson of the 20th recognized Georgia State Parks representatives, commended by SR 722, adopted previously.
Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1114 until 1:00 p.m. Tuesday, January 31, 2006; the motion prevailed, and at 11:10 a.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, January 31, 2006 Tenth Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 895.

By Representatives Yates of the 73rd, Lunsford of the 110th, Knight of the 126th and Powell of the 29th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 999.

By Representatives Maddox of the 172nd, Burkhalter of the 50th, Keen of the 179th, McCall of the 30th, Ray of the 136th and others:

A BILL to be entitled an Act to amend Chapter 50 of Title 43 of the O.C.G.A., relating to veterinarians and veterinary technicians, so as to change certain provisions relating to definitions relative to such chapter; to change certain provisions relating to exemptions from licensing and registration requirements; to change certain provisions relating to veterinary technicians; to provide for legislative purpose; to authorize the practice of

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veterinary technology by veterinary technicians under certain circumstances; to change certain provisions relating to application for registration as veterinary technician, qualifications, examination, renewal, applicants registered in other states, and responsibility of the State Board of Veterinary Medicine; to change certain provisions relating to scheduling and administration of examinations, reexamination, and reactivation; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1077. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Rabun County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1078. By Representative Greene of the 149th:
A BILL to be entitled an Act to create the Randolph County Water and Sewer Authority and provide for its activation; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, methods of filling vacancies, compensation, and expenses; to provide for organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit and budgets; to authorize the authority to contract with others regarding its functions, to contract with others pertaining to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to repeal conflicting laws; and for other purposes.
HB 1079. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide a board of elections for Randolph County; to define its powers and duties concerning primaries and elections; to define certain terms; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairperson, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to provide for facilities; to relieve the judge of the probate court from certain responsibilities; to provide for submission under the

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federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

HB 1087. By Representatives Mosley of the 178th, Lane of the 167th and Smith of the 168th:

A BILL to be entitled an Act to increase the number of directors on the board of the Wayne County Industrial Development Authority established by Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147) and carried forward as part of the Constitution of the State of Georgia by Ga. L. 1987, p. 3805 (Act No. 141; HB 940), from seven to nine, pursuant to the power granted to the General Assembly by paragraph N. in Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147); to repeal conflicting laws; and for other purposes.

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

SR 649.

By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th:

A RESOLUTION congratulating the Court of Appeals of Georgia on the occasion of its 100th anniversary; and for other purposes.

Mr. President:

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

HR 1171. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Roberts of the 154th and Smith of the 129th:

A RESOLUTION commending Lonice C. Barrett; and for other purposes.

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

SB 370. By Senators Goggans of the 7th, Kemp of the 46th, Bulloch of the 11th, Tolleson of the 20th, Unterman of the 45th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting agriculture in Georgia; to provide for issuance,

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renewal, fees, licensing agreements, applications, donation of revenue, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 464. By Senators Smith of the 52nd and Harp of the 29th:
A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for protection of river basins; to provide a short title; to provide legislative findings; to define certain terms; to regulate interbasin transfers of water; to provide for an in-stream flow policy; to provide for exemptions; to prohibit certain interbasin transfers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 465. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 466. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of

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Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 467. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 468. By Senators Moody of the 56th, Carter of the 13th, Douglas of the 17th, Grant of the 25th, Bulloch of the 11th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for the establishment of a grant program for High Performance Principals to attract successful principals to schools in need of improvement; to provide for legislative findings; to provide for a definition; to provide for rules and regulations; to provide for one-year salary supplements; to provide for reports; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Education and Youth Committee.

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SB 469. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th and Reed of the 35th:
A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the updating of provisions relating to corporations, partnerships, and associations; to provide confirmation when an order for relief with respect to a corporation has been entered pursuant to the federal Bankruptcy Code of the power and authority of such corporation to take action pursuant to the decree of order or the court or judge in such bankruptcy proceedings; to provide that a board of directors can commit a corporation to submit a matter for shareholder approval even if the board of directors subsequently determines to recommend against it later; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 470. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3872), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SR 737. By Senators Balfour of the 9th, Douglas of the 17th, Schaefer of the 50th and Smith of the 52nd:
A RESOLUTION honoring President Ronald Wilson Reagan on the 95th anniversary of his birth and declaring February 6, 2006, as "Ronald Reagan Day"; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:

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181

HB 895. By Representatives Yates of the 73rd, Lunsford of the 110th, Knight of the 126th and Powell of the 29th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 999. By Representatives Maddox of the 172nd, Burkhalter of the 50th, Keen of the 179th, McCall of the 30th, Ray of the 136th and others:
A BILL to be entitled an Act to amend Chapter 50 of Title 43 of the O.C.G.A., relating to veterinarians and veterinary technicians, so as to change certain provisions relating to definitions relative to such chapter; to change certain provisions relating to exemptions from licensing and registration requirements; to change certain provisions relating to veterinary technicians; to provide for legislative purpose; to authorize the practice of veterinary technology by veterinary technicians under certain circumstances; to change certain provisions relating to application for registration as veterinary technician, qualifications, examination, renewal, applicants registered in other states, and responsibility of the State Board of Veterinary Medicine; to change certain provisions relating to scheduling and administration of examinations, reexamination, and reactivation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
HB 1077. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Rabun County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1078. By Representative Greene of the 149th:
A BILL to be entitled an Act to create the Randolph County Water and Sewer Authority and provide for its activation; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, methods of filling vacancies, compensation, and expenses; to provide for organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit and budgets; to authorize the authority to contract with others regarding its functions, to contract with others pertaining to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1079. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide a board of elections for Randolph County; to define its powers and duties concerning primaries and elections; to define certain terms; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairperson, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to provide for facilities; to relieve the judge of the probate court from certain responsibilities; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1087. By Representatives Mosley of the 178th, Lane of the 167th and Smith of the 168th:
A BILL to be entitled an Act to increase the number of directors on the board of the Wayne County Industrial Development Authority established by Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147) and carried forward as part of the Constitution of the State of Georgia by Ga. L. 1987, p. 3805 (Act No. 141; HB 940), from seven to nine, pursuant to the power granted to the General

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Assembly by paragraph N. in Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147); 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 Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 409 Do Pass

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

Mr. President:
The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 398 Do Pass SB 408 Do Pass by substitute
Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:
The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 241 Do Pass SB 394 Do Pass
Respectfully submitted, Senator Shafer of the 48th District, Chairman

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Mr. President:

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

SB 202 Do Pass

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

The following legislation was read the second time:

SB 249

SB 435

SB 440

SR 655

SR 686

Senator Thompson of the 5th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

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

Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Grant Hamrick Harbison Harp Heath Henson Hill,Judson

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

Shafer,D Smith Starr Staton Stephens Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Whitehead Wiles

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185

Not answering were Senators:

Adelman (Excused) Hill, Jack Zamarripa

Fort Stoner (Excused)

Golden (Excused) Williams

Senator Fort of the 39th was off the floor of the Senate when the roll was called and wished to be recorded as present.

The members pledged allegiance to the flag.

Senator Schaefer of the 50th introduced the chaplain of the day, Dr. Robert White of Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:
SR 747. By Senators Johnson of the 1st, Williams of the 19th, Brown of the 26th, Seay of the 34th, Butler of the 55th and others:
A RESOLUTION honoring the life and achievements of Mrs. Coretta Scott King and expressing regret of her passing; and for other purposes.
Senator Johnson of the 1st spoke to SR 747, honoring the life and achievements of Mrs. Coretta Scott King.
HR 1171. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Roberts of the 154th and Smith of the 129th:
A RESOLUTION commending Lonice C. Barrett; and for other purposes.
The President introduced the Honorable Governor Sonny Perdue who spoke to HR 1171, commending Lonice Barrett. Governor Perdue addressed the Senate briefly.
The Honorable Governor Sonny Perdue recognized Lonice Barrett, commended by HR 1171. Lonice Barrett addressed the Senate briefly.
Senator Powell of the 23rd introduced the doctor of the day, Dr. W. Mark Newton.
Pursuant to Senate Rule 3-1.7, Senator Miles of the 43rd asked unanimous consent that the following resolution be withdrawn from the consideration of the Senate.

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SR 429. By Senators Miles of the 43rd, Butler of the 55th and Jones of the 10th: A RESOLUTION dedicating the Earl Paulk Parkway; and for other purposes.
The consent was granted, and SR 429 was withdrawn from consideration of the Senate.

The following resolutions were read and adopted:

SR 729. By Senator Smith of the 52nd:
A RESOLUTION commending the Rome City Police Department on its national reaccreditation; and for other purposes.
SR 730. By Senator Chance of the 16th:
A RESOLUTION commending Kento Masuyama; and for other purposes.
SR 731. By Senator Chance of the 16th:
A RESOLUTION recognizing and commending Kevin Ross Jensen; and for other purposes.
SR 732. By Senator Chance of the 16th:
A RESOLUTION commending the Rising Starr Middle School Band of Fayette County, Georgia, and its director, Mr. Steven Tyndall; and for other purposes.

SR 733. By Senators Brown of the 26th and Fort of the 39th:
A RESOLUTION recognizing the contributions of black contractors to the State of Georgia and declaring February 2, 2006, as Black Contractors Day in Georgia; and for other purposes.

SR 734. By Senators Smith of the 52nd and Thomas of the 54th:
A RESOLUTION commending Coosa High School for winning the Governor's Office of School Achievement 2005 Gold Award; and for other purposes.

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SR 735. By Senator Grant of the 25th:
A RESOLUTION commending the class of Youth Leadership Baldwin 2006; and for other purposes.
SR 736. By Senator Schaefer of the 50th:
A RESOLUTION remembering and honoring the life of Mr. J. Alton Wingate, Sr.; and for other purposes.
SR 738. By Senator Harp of the 29th:
A RESOLUTION commending Mr. Gerald Moody; and for other purposes.

SR 739. By Senator Harp of the 29th:
A RESOLUTION commending Ms. Kimberly Wilson; and for other purposes.
SR 740. By Senator Miles of the 43rd:
A RESOLUTION declaring Bishop Paul S. Morton and Greater St. Stephen Full Gospel Church Day; and for other purposes.
SR 741. By Senator Tolleson of the 20th:
A RESOLUTION commending the Keep Georgia Beautiful Program and its 66 local affiliates who serve 80 percent of the population of the State of Georgia; and for other purposes.
SR 744. By Senator Smith of the 52nd:
A RESOLUTION commending Mr. Bernard Neal on the occasion of his retirement; and for other purposes
SR 746. By Senators Wiles of the 37th and Whitehead, Sr. of the 24th:
A RESOLUTION recognizing the many valuable contributions of BOMA Atlanta and declaring January 31, 2006, BOMA Day at the capitol; and for other purposes.
Senator Wiles of the 37th recognized a group from BOMA in the gallery, commended by SR 746.

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SENATE RULES CALENDAR TUESDAY, JANUARY 31, 2006
TENTH LEGISLATIVE DAY

SB 390

Classrooms First for Georgia Act; require local schools to spend minimum operating funds on direct classrooms expenditures (ED&Y-16th)

Respectfully submitted,

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

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.

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

SB 390. By Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of the 45th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senator Chance of the 16th moved the previous question.

There was no objection and the previous question was ordered.

Senator Thompson of the 33rd offered the following amendment #1:

Amend SB 390 (LC 33 1086-EC) by inserting after "2008;" on line 8 of page 1 the following:
to amend Code Section 20-2-182, relating to program weights, so as to change certain provisions relating to maximum class sizes;

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By inserting between lines 13 and 14 of page 3 the following:
SECTION 2A. Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, is amended by striking the first four sentences of subsection (i) and inserting in lieu thereof the following:
(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. The State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent for mathematics, science, social studies, or language arts classes, unless specifically authorized by the State Board of Education. The system average maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

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

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

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N Harp N Heath Y Henson

N Seabaugh Y Seay N Shafer,D

N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 17, nays 32, and the Thompson of the 33rd amendment #1 was lost.

Senator Hudgens of the 47th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Jones of the 10th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

Senator Thompson of the 33rd offered the following amendment #2:

Amend SB 390 (LC 33 1086-EC) by striking from lines 7 and 8 of page 1 the following: to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008;

By inserting a quotation mark at the end of line 5 of page 3.

By striking lines 6 through 13 of page 3.

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

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

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

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

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N Harp N Heath Y Henson

N Seabaugh Y Seay N Shafer,D

N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 17, nays 33, and the Thompson of the 33rd amendment #2 was lost.

Senator Henson of the 41st offered the following amendment #3:

Amend SB 390 (LC 33 1086-EC) by inserting after "paraprofessionals;" on line 22 of page 1 the following:
salaries and benefits for media specialists and counselors;

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

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

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

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

On the adoption of the amendment, the yeas were 18, nays 32, and the Henson amendment #3 was lost.

Senators Zamarripa of the 36th, Tate of the 38th and Fort of the 39th offered the following amendment #4:

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Amend SB 390 (LC 33 1086-EC) by inserting after "each school system;" on line 10 of page 2 the following "with less than 50,000 (fifty thousand) students".

Senator Zamarripa of the 36th asked unanimous consent that his amendment #4 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Zamarripa of the 36th and Tate of the 38th offered the following amendment #5:

Amend SB 390 (LC 33 1086-EC) by deleting after "Direct classroom expenditures;" on line 19 of page 1 "means all expenditures" and inserting "shall be defined by the State Board of Education and may include expenditures"...

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

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

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

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

On the adoption of the amendment, the yeas were 15, nays 34, and the Zamarripa, Tate amendment #5 was lost.

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

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

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193

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

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

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

On the passage of the bill, the yeas were 32, nays 18.

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

The following communication was received by the Secretary:

Senator Dan Weber District 40 301-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Education and Youth Judiciary Natural Resources and the Environment State and Local Governmental Operations

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

The State Senate Atlanta, Georgia 30334
January 31, 2006

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Dear Mr. Eldridge:
While voting on Senate Bill 390, I inadvertently hit the "no" button when I meant to vote "yes." I am requesting that you make this change.
Thank you, and if you have any questions, please do not hesitate to call me.
Sincerely,
/s/ Daniel J. Weber
Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 1, 2006.
The motion prevailed, and the President announced the Senate adjourned at 4:28 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 1, 2006 Eleventh Legislative Day

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

Senator Johnson of the 1st reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

Mr. President:

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

HB 494. By Representatives Lindsey of the 54th and Willard of the 49th:

A BILL to be entitled an Act to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notarys application; to change certain provisions relating to a notarys obligation to advise the clerk of superior court of certain changes in personal information; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 950.

By Representatives Cox of the 102nd, Burkhalter of the 50th, Horne of the 71st, Burmeister of the 119th, Geisinger of the 48th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to prohibit governmental entities in this state from restricting or prohibiting a public employee or public school student from verbal expressions relating to the celebration or observance of any public or legal holiday; to provide for legislative findings; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1034. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1035. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1036. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for senior citizens whose household income does not exceed $39,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1037. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of

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that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1038. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1039. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are disabled or are 70 years of age or over and who meet certain income limitations; 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 1102. By Representative Greene of the 149th:
A BILL to be entitled an Act to repeal an Act providing a new charter for the City of Coleman, approved April 19, 2000 (Ga. L. 2000, p. 3658), and abolish said city; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1117. By Representative Ray of the 136th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Crawford County school district ad valorem taxes for

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educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1994 (Ga. L. 1994, p. 4515), so as to increase the amount of such exemption and the income cap applicable to such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1118. By Representative Ray of the 136th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Crawford County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1119. By Representative Ray of the 136th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Crawford 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.
The House has passed by the requisite constitutional majority the following Resolution of the House:
HR 1041. By Representatives Davis of the 109th, Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Yates of the 73rd and others:
A RESOLUTION honoring the accomplishments of J. T. Williams and dedicating the J. T. Williams Honorary Bridge; and for other purposes.
The House has passed by the requisite constitutional majority the following Bill of the Senate:
SB 386. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition of state senatorial districts and, in particular, Senate

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Districts 46, 47, and 49; to provide for the election of such Senators; to provide when such Senators so elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 471. By Senator Reed of the 35th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an additional, limited period of time for a sales and use tax exemption under certain circumstances of jet fuel sold to or used by certain qualifying airlines; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 472. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 473. By Senators Reed of the 35th, Brown of the 26th, Adelman of the 42nd, Golden of the 8th and Stoner of the 6th:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the University System of Georgia, so as to provide a short title; to provide that certain students who apply for admission to member institutions of the University System of Georgia as freshman students and who graduated from certain public or private high schools in this state with

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a grade point average in the top 10 percent of such students graduating class shall be automatically admitted; to authorize the Board of Regents to promulgate rules and regulations regarding such admissions; to provide that the Board of Regents and the Georgia Student Finance Commission shall develop a formula for giving extra weight to grades earned in certain classes in calculating a students high school grade point average; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 474. By Senators Carter of the 13th, Thomas of the 54th, Moody of the 56th, Rogers of the 21st, Seay of the 34th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to establish school health advisory councils to serve as advisory bodies to local boards of education on health, physical education, and nutrition policy; to provide for a short title; to provide certain requirements for physical education instruction for students in kindergarten and grades one through eight; to encourage a wide range of supplemental health, physical activity, and nutrition programs that may be provided on school property beyond the confines of the traditional school day; to require local boards of education to adopt and implement a coordinated school health program; to provide for a state office to promote student health and physical fitness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 475. By Senators Hill of the 32nd and Hudgens of the 47th:
A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that no insurer offering life insurance coverage to citizens of this state shall deny or refuse to accept an application for life insurance; refuse to issue or renew a contract of life insurance; cancel, restrict, or otherwise terminate a contract of life insurance; or charge a different rate for the same life insurance coverage, based upon an applicants or insureds past or future travel to the State of Israel; to provide for certain exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SB 476. By Senators Miles of the 43rd, Jones of the 10th, Butler of the 55th, Thomas of the 2nd, Seay of the 34th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to enact the "PeachKids--Health Insurance for All Georgia Children Act"; to provide for a short title; to provide for definitions; to provide for the creation of the PeachKids health care insurance plan; to provide for eligibility, health care services, and payment of premiums and copayments; to provide for contracted services; to provide for health care provider enrollment; to provide for application for funding sources; to provide for rules and regulations; to provide for construction; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 477. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the state board and department of corrections, so as to require notification of the local government with jurisdiction over the site where the Department of Corrections plans to construct, build, acquire, lease, locate, or contract for the use of any of certain correctional institutions; to provide for a response from the local government so notified; to provide that the department is not authorized to proceed with plans for such correctional facility without consent of the local government; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

SB 478. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide an enhanced penalty for certain offenses committed upon persons having a mental abnormality; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 479. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend Code Section 37-1-21 of the Official Code of Georgia Annotated, relatinginstitutional powers and duties of the Board and Department of Human Resources regarding mental health, so as to require notification of the local government with jurisdiction over the site where the Department of Human Resources and its specified agents and designees plan to construct, build, acquire, lease, locate, or contract for the use of certain facilities, hospitals, or institutions; to provide for a response from the local government so notified; to provide that the department is not authorized to proceed with plans for such facility, hospital, or institution without the consent of the local government; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 480. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 481. By Senators Stephens of the 27th, Douglas of the 17th, Whitehead, Sr. of the 24th, Schaefer of the 50th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement of the chapter concerning the registration and licensing of motor vehicles, so as to permit military personnel whose vehicles are registered in Georgia and have Georgia license plates who are stationed in other states as part of their military assignments and duties to meet their obligations concerning minimum motor vehicle liability insurance through the purchase of

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certain insurance in such other states; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 482. By Senators Stephens of the 27th, Whitehead, Sr. of the 24th and Staton of the 18th:
A BILL to be entitled an Act to amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability generally, beneficiary, designation of method of payment, and procedure for making of payments, so as to increase the indemnification to state highway employees killed or disabled on the job; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 483. By Senators Seay of the 34th, Whitehead, Sr. of the 24th, Zamarripa of the 36th, Reed of the 35th, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to public roads generally, so as to provide that the Department of Transportation shall conduct a study of each county to identify road corridors along which synchronized traffic signals would significantly improve the flow of traffic; to provide for a certain report; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 484. By Senator Bulloch of the 11th:
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 other state symbols, so as to declare the City of Colquitt as Georgias First Mural City; and for other purposes.
Referred to the Rules Committee.
SB 485. By Senators Schaefer of the 50th, Balfour of the 9th and Douglas of the 17th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions for the uniform rules of the road, so as to provide that certain persons convicted of

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speeding violations shall display a habitual speeder bumper sticker as a condition of his or her probation; to provide that a judge may suspend a drivers license of a person who violates the condition of probation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 486. By Senators Balfour of the 9th, Schaefer of the 50th, Grant of the 25th, Shafer of the 48th and Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to the definition of employment under the employment security law, so as to exempt direct sellers from the definition of employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 487. By Senators Balfour of the 9th and Schaefer of the 50th:
A BILL to be entitled an Act to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for seizure; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

SB 488. By Senators Balfour of the 9th and Douglas of the 17th:
A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that the county or district department of family and children services shall be notified in the event that a person is convicted of operating a

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motor vehicle under the influence of drugs, alcohol, or other intoxicating substances with a minor child in the vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 489. By Senators Balfour of the 9th, Schaefer of the 50th and Douglas of the 17th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to require certain specified new drivers to display a bumper decal which decal shall indicate that he or she is a new driver; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 490. By Senators Balfour of the 9th, Schaefer of the 50th and Douglas of the 17th:
A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person convicted of driving under the influence of alcohol, drugs, or other intoxicating substances shall display a bumper sticker on his or her motor vehicle as a condition of his or her probation on a second or subsequent offense within five years; to provide that a judge may suspend a drivers license of a person who violates the condition of probation; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 491. By Senators Schaefer of the 50th, Grant of the 25th, Douglas of the 17th and Balfour of the 9th:
A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person convicted of driving under the influence of drugs, alcohol, or other intoxicating substances on the fifth or subsequent offense shall be guilty of a felony; to prescribe the punishment therefor; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 492. By Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of the 37th and Rogers of the 21st:
A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that local governments shall not be denied state funding or water withdrawal permits because of failure to adopt stricter than minimum standards for certain stream or reservoir buffers; to change certain provisions relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs; to change certain provisions relating to model ordinances for effective storm-water management in the Metropolitan North Georgia Water Planning District and for a district-wide watershed management plan, annual review, public meetings, certification by director, and local compliance; to change certain provisions relating to best management practices regarding land-disturbing activities; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 493. By Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of the 37th and Rogers of the 21st:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for an exemption from ad valorem taxation on undeveloped land areas within buffer zones established by law or local ordinance adjacent to rivers, perennial streams, or reservoirs, within which buffer zones landdisturbing activity is prohibited and which areas remain in their natural, undisturbed state of vegetation; to eliminate and supersede a provision for current use assessment for buffer zone areas; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 494. By Senators Mullis of the 53rd, Carter of the 13th, Smith of the 52nd, Hamrick of the 30th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for a technology and court security fee to be collected in certain courts; to provide for the uses of said technology and court

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security fee; to provide for technology and court security boards in each judicial circuit; to provide an effective date; to provide for a repealer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 495. By Senators Mullis of the 53rd and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide an increase in fees and charges and provide a fee for blaster certification cards; to require a license prior to conducting blast hole drilling; to amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations generally, so as to provide additional definitions; to require a license for blast hole drilling; to require liability insurance for licensed blasters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 496. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Camden County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 497. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received

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by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SR 760. By Senators Thomas of the 54th and Mullis of the 53rd:
A RESOLUTION honoring the memory of Dr. Eddie Marlow and designating the Dalton Regional Youth Detention Center Medical Clinic as the Dr. Eddie Marlow Medical Clinic; and for other purposes.
Referred to the State Institutions and Property Committee.

SR 764. By Senators Hill of the 32nd, Rogers of the 21st, Balfour of the 9th, Tolleson of the 20th, Mullis of the 53rd and others:
A RESOLUTION expressing dismay at the success of Hamas in the Palestinian elections and calling for action; and for other purposes.
Referred to the Rules Committee.
SR 769. By Senators Johnson of the 1st, Harp of the 29th and Moody of the 56th:
A RESOLUTION urging the Board of Regents of the University System of Georgia to consider creation of a program of granting undergraduate course credit to entering freshman students who have successfully completed the curriculum and examinations leading to an international baccalaureate diploma; and for other purposes.
Referred to the Higher Education Committee.

The following House legislation was read the first time and referred to committee:
HB 494. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notarys application; to change certain provisions relating to a

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notarys obligation to advise the clerk of superior court of certain changes in personal information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 950. By Representatives Cox of the 102nd, Burkhalter of the 50th, Horne of the 71st, Burmeister of the 119th, Geisinger of the 48th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to prohibit governmental entities in this state from restricting or prohibiting a public employee or public school student from verbal expressions relating to the celebration or observance of any public or legal holiday; to provide for legislative findings; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 1034. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1035. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; to provide for definitions; to specify the terms and conditions of the

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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 1036. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for senior citizens whose household income does not exceed $39,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1037. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1038. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a

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referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1039. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are disabled or are 70 years of age or over and who meet certain income limitations; 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 1102. By Representative Greene of the 149th:
A BILL to be entitled an Act to repeal an Act providing a new charter for the City of Coleman, approved April 19, 2000 (Ga. L. 2000, p. 3658), and abolish said city; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1117. By Representative Ray of the 136th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Crawford County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1994 (Ga. L. 1994, p. 4515), so as to increase the amount of such exemption and the income cap applicable to such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1118. By Representative Ray of the 136th:

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Crawford County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1119. By Representative Ray of the 136th:

A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Crawford County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HR 1041. By Representatives Davis of the 109th, Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Yates of the 73rd and others:

A RESOLUTION honoring the accomplishments of J. T. Williams and dedicating the J. T. Williams Honorary Bridge; and for other purposes.

Referred to the Transportation Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 79 SB 442 SB 468

Do Pass by substitute Do Pass Do Pass

Respectfully submitted, Senator Moody of the 56th District, Chairman

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Mr. President:

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

SB 396 Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

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

SB 425 Do Pass by substitute

Respectfully submitted, Senator Shafer of the 48th District, Chairman

Mr. President:

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

SB 450

Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

SB 202

SB 394

SB 398

SB 408

SB 409

Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick 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.

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

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

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

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

Not answering were Senators:

Hamrick (Excused) Zamarripa

Johnson (Excused)

Reed (Excused)

The members pledged allegiance to the flag.

Senator Tate of the 38th introduced the chaplain of the day, Bishop Lindsey Davis of Norcross, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:
SR 780. By Senators Johnson of the 1st, Williams of the 19th, Brown of the 26th, Mullis of the 53rd, Seay of the 34th and others:
A RESOLUTION commending Senator Terrell Starr for his service during World War II; and for other purposes.
The President spoke to SR 780, commending Senator Terrell Starr for his service in World War II and to the State of Georgia.

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Senator Johnson of the 1st recognized Senator Terrell Starr, commended by SR 780, along with representatives of the Georgia Commission on the Holocaust and Holocaust survivors.
Senator Adelman of the 42nd spoke to the resolution and commended Senator Starr and the Georgia Commission on the Holocaust.

Executive Director of the Georgia Commission on the Holocaust Sylvia Wygoda presented Senator Starr with a gift to honor his service.
Senator Starr of the 44th addressed the Senate extemporaneously.
SR 745. By Senator Adelman of the 42nd:
A RESOLUTION recognizing and commending Honorable Shoji Ogawa, Consul General of Japan; and for other purposes
Senator Adelman of the 42nd introduced the Honorable Shoji Ogawa, Consul General of Japan, commended by SR 745. Honorable Shoji Ogawa addressed the Senate briefly.
Senators Staton of the 18th and Douglas of the 17th recognized the family of Specialist Marcus Shawn Futrell, commended by SR 665, adopted previously.
Senator Moody of the 56th introduced the doctor of the day, Dr. Earl Grubbs.
Senator Grant of the 25th recognized representatives from Youth Leadership Baldwin 2006, commended by SR 735, adopted previously.

The following resolutions were read and adopted:
SR 742. By Senator Adelman of the 42nd:
A RESOLUTION recognizing Decatur's own Neighborhood Playhouse and its renaming to Theatre Decatur; and for other purposes.
SR 743. By Senators Tolleson of the 20th, Kemp of the 46th, Staton of the 18th, Meyer von Bremen of the 12th, Hill of the 4th and others:
A RESOLUTION recognizing Community Health Centers Day; and for other purposes.

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SR 748. By Senator Williams of the 19th:
A RESOLUTION commending Mr. and Mrs. Uhland Harvey on the occasion of their sixtieth wedding anniversary; and for other purposes.
SR 749. By Senator Williams of the 19th:
A RESOLUTION honoring Reverend Larry Harris and Mrs. Janice Harris on the occasion of their 50th wedding anniversary; and for other purposes.

SR 750. By Senator Williams of the 19th:
A RESOLUTION honoring and congratulating Mr. Buford West and Mrs. Joyce West on the occasion of their 50th wedding anniversary; and for other purposes.
SR 751. By Senators Rogers of the 21st and Stephens of the 27th:
A RESOLUTION commending John Matthew Vaughan; and for other purposes.
SR 752. By Senators Rogers of the 21st and Stephens of the 27th:
A RESOLUTION commending Scott Alan Richardson; and for other purposes.
SR 753. By Senator Goggans of the 7th:
A RESOLUTION commending Donn Keegan Wilkinson on becoming an Eagle Scout; and for other purposes.

SR 754. By Senator Goggans of the 7th:
A RESOLUTION congratulating Ms. Jessica Giddens on winning ESPN2's "Ultimate Outdoors" reality show; and for other purposes.
SR 755. By Senator Goggans of the 7th:
A RESOLUTION remembering and honoring the life of Ms. Jane Cersey; and for other purposes.

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SR 756. By Senator Harbison of the 15th:
A RESOLUTION commending Devin Johnson; and for other purposes.
SR 757. By Senator Harbison of the 15th:
A RESOLUTION commending Mr. Larry Sanders; and for other purposes.
SR 758. By Senator Harbison of the 15th:
A RESOLUTION commending Mr. Marvin Schuster and congratulating him on receiving the 2006 Jim Woodruff Jr. Memorial Award; and for other purposes.
SR 759. By Senator Harbison of the 15th:
A RESOLUTION commending Lieutenant Colonel Stacie Bearden; and for other purposes.
SR 761. By Senators Thomas of the 54th and Mullis of the 53rd:
A RESOLUTION commending Cohutta First Baptist Church and congratulating it on its 100th anniversary; and for other purposes.

SR 762. By Senators Hill of the 32nd, Rogers of the 21st and Douglas of the 17th:
A RESOLUTION commending United States Marine Lee Merritt for his service to the United States; and for other purposes.
SR 763. By Senators Hill of the 32nd, Rogers of the 21st, Balfour of the 9th, Tolleson of the 20th, Mullis of the 53rd and others:
A RESOLUTION commending Governor Sonny Perdue for authorizing the purchase of $5 million of State of Israel bonds and urge him to continue his support of State of Israel bonds; and for other purposes.
SR 765. By Senators Hill of the 4th, Kemp of the 46th and Douglas of the 17th:
A RESOLUTION honoring the life of Johnnie Robertson, Sr. and expressing regret at his passing; and for other purposes.

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SR 766. By Senators Hill of the 4th and Williams of the 19th:
A RESOLUTION commending Mr. Eldred Tippins, Jr., on his over 40 years of service to Evans County Hospital; and for other purposes.
SR 767. By Senator Hill of the 4th:
A RESOLUTION commending Mr. Gary Smith for his service to the community and to the Industrial Development Authority of Evans County; and for other purposes.
SR 768. By Senators Hill of the 4th, Johnson of the 1st, Chapman of the 3rd, Thomas of the 2nd and Douglas of the 17th:
A RESOLUTION commending the 165th Airlift Wing of Savannah, Georgia; and for other purposes.
SR 770. By Senator Butler of the 55th:
A RESOLUTION commending Marcus Ball for his outstanding achievements as a senior football player for the Stephenson High School football team; and for other purposes.
SR 771. By Senator Butler of the 55th:
A RESOLUTION commending Joyce Wade; and for other purposes.
SR 772. By Senator Butler of the 55th:
A RESOLUTION commending Rosemarie Nelson; and for other purposes.
SR 773. By Senator Butler of the 55th:
A RESOLUTION commending Emanuel Ransom; and for other purposes.
SR 774. By Senator Butler of the 55th:
A RESOLUTION commending Lee Swaney, Mayor of Clarkston; and for other purposes.
SR 775. By Senator Butler of the 55th:
A RESOLUTION commending Wayne Foster; and for other purposes.

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SR 776. By Senator Butler of the 55th:
A RESOLUTION commending Hien Dai Nguyen; and for other purposes.
SR 777. By Senator Butler of the 55th:
A RESOLUTION commending Pat Davis-Morris; and for other purposes.
SR 778. By Senator Butler of the 55th:
A RESOLUTION recognizing the Clarkston Health Collaborative for its efforts in promoting the social, economic, and physical well-being of the citizens of the City of Clarkston; and for other purposes.
SR 779. By Senators Pearson of the 51st, Rogers of the 21st, Thomas of the 54th, Hill of the 32nd, Shafer of the 48th and others:
A RESOLUTION remembering and honoring the life of Noah Harris; and for other purposes.
SR 781. By Senator Meyer von Bremen of the 12th:
A RESOLUTION remembering and honoring the life of Mrs. Amanda Green Lyon; and for other purposes.
SR 783. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION remembering and honoring the life of Lieutenant Colonel Gregory J. Muller; and for other purposes.

SR 784. By Senator Chapman of the 3rd:
A RESOLUTION congratulating Ms. Mary B. Smart on her 102nd birthday; and for other purposes.

SR 686

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 1, 2006
ELEVENTH LEGISLATIVE DAY
Designate; J. Alton Wingate, Sr. Memorial Parkway; Habersham County (TRANS-50th)

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Respectfully submitted,

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

Senator Staton of the 18th asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

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

SR 686. By Senator Schaefer of the 50th:

A RESOLUTION designating the J. Alton Wingate, Sr., Memorial Parkway; 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
Butler Y Cagle Y Carter Y Chance E Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
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 Tarver
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 51, nays 0.

SR 686, having received the requisite constitutional majority, was adopted.

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221

The following resolution was read and adopted:
SR 782. By Senators Johnson of the 1st, Williams of the 19th, Hill of the 4th, Douglas of the 17th, Harbison of the 15th and others:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from Major General William G. Webster, Jr.; and for other purposes.
Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Thursday, February 2, 2006.
The motion prevailed, and the President announced the Senate adjourned at 11:34 a.m.

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Senate Chamber, Atlanta, Georgia Thursday, February 2, 2006 Twelfth Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 101.

By Representatives Brooks of the 63rd, Cummings of the 16th and Williams of the 89th:

A BILL to be entitled an Act to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employees contribution; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 718. By Representative Lindsey of the 54th:

A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 941.

By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; to repeal conflicting laws; and for other purposes.

HB 989. By Representatives Fleming of the 117th, Willard of the 49th, Ralston of the 7th and Hatfield of the 177th:

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1020. By Representatives Bridges of the 10th, Meadows of the 5th, Brooks of the 63rd, Cummings of the 16th and Coleman of the 97th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to insert language emphasizing that retirement allowances in several public retirement systems shall not become effective prior to the month following the members final month of employment; to provide that the trustees of the Georgia Defined Contribution Plan shall establish the amount below which a departing member must withdraw his or her contributions; to provide for gender neutrality; to repeal conflicting laws; and for other purposes.

HB 1122. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual

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income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1995 (Ga. L. 1995, p. 4181), so as to increase the amount of such exemption and the income cap applicable to such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1124. By Representatives England of the 108th and Benton of the 31st:
A BILL to be entitled an Act to provide an additional homestead exemption from Barrow County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead after a four-year phase-in period for residents of that school district who are 62 years of age or over and whose federal total income does not exceed certain federally specified poverty guidelines; 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 1132. By Representatives Forster of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1136. By Representatives Floyd of the 147th and James of the 135th:
A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:

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SB 498. By Senators Cagle of the 49th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that no insurer offering life insurance coverage to citizens of this state shall deny or refuse to accept an application for life insurance; refuse to issue or renew a contract of life insurance; cancel, restrict, or otherwise terminate a contract of life insurance; or charge a different rate for the same life insurance coverage, based upon an applicants or insureds past or future travel to the State of Israel; to provide for certain exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Insurance and Labor Committee.

SB 499. By Senators Cagle of the 49th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to change certain provisions relating to creation of the State Licensing Board for Residential and General Contractors, membership, divisions, vacancies, qualifications, terms, and meetings; to change certain provisions relating to appointment of members, chairperson, meetings and quorums, and assistance from professional licensing boards division; to repeal conflicting laws; and for other purposes.

Referred to the Regulated Industries and Utilities Committee.

SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd:
A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the

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2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 501. By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Zamarripa of the 36th, Tate of the 38th and others:
A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, so as to increase the amount of such supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 502. By Senators Hamrick of the 30th, Carter of the 13th, Smith of the 52nd, Hill of the 32nd and Wiles of the 37th:
A BILL to be entitled an Act to provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 503. By Senators Hamrick of the 30th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the

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application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 504. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of state property through the State Properties Commission, so as to provide that certain state entities shall sell and make long-term leases of property through the State Properties Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

SB 505. By Senators Balfour of the 9th, Unterman of the 45th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, so as to exempt certain exclusive agents of licensed mortgage brokers or lenders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.

SR 785. By Senators Johnson of the 1st, Staton of the 18th, Williams of the 19th, Thomas of the 54th and Balfour of the 9th:
A RESOLUTION creating a Joint Comprehensive State Trauma Services Study Committee; and for other purposes.
Referred to the Health and Human Services Committee.

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SR 786. By Senators Butler of the 55th, Brown of the 26th, Miles of the 43rd, Zamarripa of the 36th, Fort of the 39th and others:
A RESOLUTION creating the Senate Equal Payday Study Committee; and for other purposes.
Referred to the Insurance and Labor Committee.

SR 789. By Senators Stephens of the 27th and Pearson of the 51st:
A RESOLUTION urging the Department of Community Health and the Health Strategies Council to revise Perinatal (Obstetric/Newborn Level 1) Service Area 3 to include Forsyth County; and for other purposes.
Referred to the Health and Human Services Committee.

SR 790. By Senators Adelman of the 42nd, Brown of the 26th, Jones of the 10th, Tate of the 38th, Stoner of the 6th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that all records and meetings of any government, authority, or private corporation performing a public purpose shall be open to the public; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.

SR 793. By Senators Hamrick of the 30th and Smith of the 52nd:
A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G.A. 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes.
Referred to the Judiciary Committee.
The following House legislation was read the first time and referred to committee:

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HB 101. By Representatives Brooks of the 63rd, Cummings of the 16th and Williams of the 89th:
A BILL to be entitled an Act to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employees contribution; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 718. By Representative Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
HB 989. By Representatives Fleming of the 117th, Willard of the 49th, Ralston of the 7th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change

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a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1020. By Representatives Bridges of the 10th, Meadows of the 5th, Brooks of the 63rd, Cummings of the 16th and Coleman of the 97th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to insert language emphasizing that retirement allowances in several public retirement systems shall not become effective prior to the month following the members final month of employment; to provide that the trustees of the Georgia Defined Contribution Plan shall establish the amount below which a departing member must withdraw his or her contributions; to provide for gender neutrality; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 1122. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1995 (Ga. L. 1995, p. 4181), so as to increase the amount of such exemption and the income cap applicable to such exemption; 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 1124. By Representatives England of the 108th and Benton of the 31st:
A BILL to be entitled an Act to provide an additional homestead exemption from Barrow County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead after a four-year phase-in period for residents of that school district who are 62 years of age or over and whose federal total income does not exceed certain federally specified poverty guidelines; to provide for definitions; to specify the terms

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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 1132. By Representatives Forster of the 3rd, Neal of the 1st and Dickson of the 6th:

A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1136. By Representatives Floyd of the 147th and James of the 135th:

A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 373 SB 381 SB 400

Do Pass Do Pass as amended Do Pass

Respectfully submitted, Senator Kemp of the 46th District, Chairman

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Mr. President:

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

SR 737 Do Pass

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

Mr. President:

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

HB 804 Do Pass SB 465 Do Pass

SB 466 Do Pass SB 467 Do Pass

Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman

Mr. President:

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

HR 1041 Do Pass SB 453 Do Pass as amended

SR 639 Do Pass SR 718 Do Pass

Respectfully submitted, Senator Stephens of the 27th District, Chairman

The following legislation was read the second time:

SB 79

SB 396

SB 425

SB 442

SB 450

SB 468

Senator Stephens of the 27th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Chance of the 16th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

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233

Senator Williams of the 19th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

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

Senator Brown of the 26th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

Senator Brown of the 26th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Douglas Goggans Golden Hamrick Harp Heath

Henson Hill,Judson Hudgens Johnson Jones Kemp Miles Moody Mullis Reed Rogers Seay Smith Staton

Stephens Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Cagle Harbison (Excused) Meyer Von Bremen Schaefer Starr (Excused)

Fort Hill, Jack (Excused) Pearson Seabaugh (Excused) Stoner

Grant Hooks (Excused) Powell (Excused) Shafer, D Thompson, S (Excused)

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

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Senators:

Meyer von Bremen

Shafer

Stoner

The members pledged allegiance to the flag.

Senator Unterman of the 45th introduced the chaplain of the day, Pastor Andrew Henderson of Dacula, Georgia, who offered scripture reading and prayer.

Senator Harp of the 29th introduced the doctor of the day, Dr. Mike Hagues.

Senators Tolleson of the 20th and Meyer Von Bremen of the 12th recognized representatives of Georgia's Community Health Centers, commended by SR 66, adopted previously.

Senators Hill of the 32nd and Adelman of the 42nd recognized representatives of the State of Israel, commended by SR 763, adopted previously. Consul General of Israel, Shmuel Ben Shmuel addressed the Senate briefly.

The following resolution was read and adopted:
SR 787. By Senators Johnson of the 1st, Thomas of the 2nd, Mullis of the 53rd, Balfour of the 9th, Schaefer of the 50th and others:
A RESOLUTION commending Ms. Paula Deen; and for other purposes.
The President along with Senators Johnson of the 1st and Thomas of the 2nd introduced Paula Deen, commended by SR 787. Paula Deen addressed the Senate briefly.

Senator Seay of the 34th recognized Gail Davenport and representatives of the Clayton County Ecumenical Service to honor Dr. Martin Luther King, Jr., commended by SR 651, adopted previously. Gail Davenport addressed the Senate briefly.
Senator Seay of the 34th recognized Eddie White, President of the Arnold-Fountain Professional Club, commended by SR 681, adopted previously. Eddie White addressed the Senate briefly.

Senator Seay of the 34th introduced Joseph H. Beasley, commended by SR 650, adopted previously. Joseph H. Beasley addressed the Senate briefly.
The following resolutions were read and adopted:

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235

SR 788. By Senators Hudgens of the 47th and Kemp of the 46th:
A RESOLUTION commending the students of Fort Yargo Elementary School; and for other purposes.
SR 791. By Senator Chance of the 16th:
A RESOLUTION commending Keegan P. Hill; and for other purposes.
SR 792. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION congratulating and commending the Washington-Wilkes Tigers football team and its coach as a result of their fantastic season that led them to the Georgia Class A State Final; and for other purposes.

SB 435 SR 655
SB 440
SB 408 SB 398 SB 394 SB 241

SENATE RULES CALENDAR THURSDAY, FEBRUARY 2, 2006 TWELFTH LEGISLATIVE DAY
County Directors of Family/Children Services; appointment; change provisions (H&HS-54th)
CA: Lottery Funds; reserved for HOPE Scholarship Program; tuition grants; loans; citizens to attend colleges/universities within state (H ED-13th)
Lottery Funds; eliminate Construction Reserve Trust Fund; Board of Education; funds to local units of admin.; electronic technology (H ED-30th)
Preservation of Evidence; nationals of foreign states; not lawfully admitted for permanent resident of U.S. (Substitute)(JUDY-32nd)
Criminal Proceedings; plea of insanity; revise procedures of psychiatric evaluations (JUDY-29th)
Computer System Security; persons falsely representing to be a business; prohibit; definitions; penalties/sanctions (S&T-18th)
Electronic Records/Signatures; legal effects; notarized documents; provisions (S&T-48th)

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SB 202

Budgets/Audits; local government; grant requirements; subrecipients (SLGO(G)-37th)

Respectfully submitted,

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

Senator Williams of the 19th moved to engross SR 655, which was on today's Senate Rules Calendar.

Senator Brown of the 26th objected.

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

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

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

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

On the motion, the yeas were 32, nays 23, the motion prevailed; and SR 655 was engrossed.

Senator Williams of the 19th moved to engross SB 440, which was on today's Senate Rules Calendar.

Senator Brown of the 26th objected.

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

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

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

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

On the motion, the yeas were 30, nays 22, the motion prevailed; and SB 440 was engrossed.

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 Whitehead of the 24th asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.

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

SB 435. By Senators Thomas of the 54th and Harp of the 29th:

A BILL to be entitled an Act to amend Code Section 49-3-3 of the Official Code of Georgia Annotated, relating to county directors of family and children services, so as to change certain provisions relating to the appointment of the county directors; to repeal conflicting laws; and for other purposes.

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

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

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

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 435, having received the requisite constitutional majority, was passed.

SR 655. By Senators Carter of the 13th, Harp of the 29th, Hamrick of the 30th, Kemp of the 46th, Chance of the 16th and others:

A RESOLUTION

Proposing an amendment to the Constitution of Georgia so as to protect lottery funds so that they may be reserved only for the HOPE Scholarship Program and other tuition grants, scholarships, or loans to enable citizens of this state to attend colleges and universities within this state, for voluntary pre-kindergarten, and for educational shortfall reserves; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (c) and inserting in lieu thereof the following:

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239

(c) The General Assembly may by law provide for the operation and regulation of a
lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided. Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his annual budget presented to the General Assembly as a separate budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes. Such net proceeds shall be used to support improvements and enhancements for educational programs and purposes and such net proceeds shall be used to supplement, not supplant, non-lottery educational resources for educational programs and purposes. The educational programs and educational purposes for which proceeds may be so appropriated shall include only the following:
(1) Tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges or universities are operated by the board of regents, or to attend institutions operated under the authority of the Department of Technical and Adult Education; (2) Voluntary pre-kindergarten; and (3) One or more educational shortfall reserves in a total amount of not less than 10 percent of the net proceeds of the lottery for the preceding fiscal year; (4) Costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; and (5) Capital outlay projects for educational facilities; provided, however, that no funds shall be appropriated for the items listed in paragraphs (4) and (5) of this subsection until all persons eligible for and applying for assistance as provided in paragraph (1) of this subsection have received such assistance, all approved pre-kindergarten programs provided for in paragraph (2) of this subsection have been fully funded, and the education shortfall reserve or reserves provided for in paragraph (3) of this subsection have been fully funded.

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

"( ) YES ( ) NO

Shall the Constitution of Georgia be amended to protect lottery funds so that they may be reserved only for the HOPE Scholarship Program and other tuition grants, scholarships, or loans to enable citizens of this state to attend colleges and universities within this state; for voluntary prekindergarten; and for educational shortfall reserves?"

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

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

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

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

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

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241

On the adoption of the resolution, the yeas were 35, nays 20.

SR 655, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Williams of the 19th gave notice that at the proper time he would move that the Senate reconsider its action on SR 655.

SB 440. By Senators Hamrick of the 30th, Harp of the 29th, Kemp of the 46th, Shafer of the 48th and Schaefer of the 50th:

A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to eliminate the to Construction Reserve Trust Fund and the appropriation of lottery funds to the fund; to eliminate the use of lottery funds for teacher training in computers and technology; to eliminate the use of lottery funds by the board of regents for training professors and instructors in computers and technology; to eliminate the use of lottery funds by the Department of Technical and Adult Education for training teachers in computers and technology; to amend Code Section 50-27-3 of the O.C.G.A., relating to definitions regarding the lottery for education, so as to provide that the term "educational purposes and programs" shall not include capital outlay projects for educational facilities and teacher training in computers and technology; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

Senator Cagle of the 49th moved the previous question.

On the motion, the yeas were 24, nays 15, the motion prevailed; and the previous question was ordered.

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

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

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

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

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

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

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

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

On the passage of the bill, the yeas were 45, nays 9.

SB 440, having received the requisite constitutional majority, was passed.

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

Senator Brown of the 26th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick 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.

SB 408. By Senators Hill of the 32nd, Rogers of the 21st and Smith of the 52nd:

A BILL to be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of certain nationals of foreign states who have not been lawfully admitted for permanent residence in the United States; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 408:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so

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243

as to provide for the preservation of evidence of certain nationals of foreign states who have not been lawfully admitted for permanent residence in the United States; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
(b) The court shall not order the taking of the witnesss testimony, except as provided in paragraph (2) of subsection (a) of this Code section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness:
(1) Is in imminent danger of death; (2) Has been threatened with death or great bodily harm because of the witnesss status as a potential witness in a criminal trial or proceeding; (3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial; (4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention; or (6) Is a national of a foreign state who has not been lawfully admitted for permanent residence in the United States. For purposes of this paragraph, the terms 'national,' 'foreign state,' and 'lawfully admitted for permanent residence' shall have the meaning as provided in 8 U.S.C. Section 1101.

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 35, nays 0, and the committee substitute was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 49, nays 0.

SB 408, having received the requisite constitutional majority, was passed by substitute.

SB 398. By Senator Harp of the 29th:

A BILL to be entitled an Act to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to change certain provisions relating to the courts instructions; to revise procedures related to psychiatric evaluations of defendants; to provide for a timeframe for forwarding the examination report to the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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245

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

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

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

On the passage of the bill, the yeas were 47, nays 1.

SB 398, having received the requisite constitutional majority, was passed.

SB 394. By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Douglas of the 17th, Chapman of the 3rd and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, so as to prohibit persons from using the Internet or electronic mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority or approval of the business; to provide definitions; to provide for penalties and sanctions; to provide for civil actions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

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

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

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

On the passage of the bill, the yeas were 50, nays 0.

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

SB 241. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Douglas of the 17th:

A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as change provisions relating to the legal effect of electronic records and signatures; to change provisions relating to notarized documents; to amend Code Section 15-10-53 of the Official Code of Georgia Annotated, relating to filing documents by electronic means, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

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 Hill,Jack Y Hill,Judson Y Hooks

Y Smith E Starr Y Staton

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247

Y Bulloch

Y Hudgens

Y Butler

Johnson (PRS)

Y Cagle

Y Jones

Y Carter

Y Kemp

Y Chance

Y Me V Bremen

Y Chapman

Y Miles

Y Douglas

Y Moody

Y Fort

Y Mullis

Y Goggans

Y Pearson

Y Golden

Y Powell

Y Grant

Y Reed

E Hamrick

Y Rogers

E Harbison

Y Schaefer

Y Harp

Y Seabaugh

Y Heath

Y Seay

Y Henson

Y Shafer,D

On the passage of the bill, the yeas were 50, nays 0.

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

SB 241, having received the requisite constitutional majority, was passed.

Senator Butler of the 55th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.

SB 202. By Senator Wiles of the 37th:

A BILL to be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for additional grant certification requirements with respect to subrecipients and units of local government; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate

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

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

On the passage of the bill, the yeas were 50, nays 0.

SB 202, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Friday, February 3, 2006.

The motion prevailed, and Senator Eric Johnson, President Pro Tempore, announced the Senate adjourned at 1:59 p.m.

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249

Senate Chamber, Atlanta, Georgia Friday, February 3, 2006
Thirteenth Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.

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

Senator Pearson of the 51st asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

Senator Jones of the 10th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

Senator Jones of the 10th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

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

Senator Carter of the 13th moved that the Senate reconsider its action in failing to give SR 655 a two-thirds Constitutional majority.

SR 655. By Senators Carter of the 13th, Harp of the 29th, Hamrick of the 30th, Kemp of the 46th, Chance of the 16th and others:

A RESOLUTION proposing an amendment to the Constitution of Georgia so as to protect lottery funds so that they may be reserved only for the HOPE Scholarship Program and other tuition grants, scholarships, or loans to enable citizens of this state to attend colleges and universities within this state, for voluntary pre-kindergarten, and for educational shortfall reserves; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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

E Adelman E Balfour N Brown Y Bulloch N Butler

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

Y Smith N Starr Y Staton Y Stephens N Stoner

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

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

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

On the motion, the yeas were 35, nays 14; the motion prevailed, and SR 655 was reconsidered and placed on the General Calendar.

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

The Journal was confirmed.

The following 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 594.

By Representatives Maxwell of the 17th, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and Randall of the 138th:

A BILL to be entitled an Act to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the basis of the bondsmens fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 692.

By Representatives Black of the 174th, Hatfield of the 177th, Greene of the 149th, Sims of the 169th, Shaw of the 176th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation

FRIDAY, FEBRUARY 3, 2006

251

system, so as to change certain provisions relating to terms and conditions of probation; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 1042. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-7-33 of the Official Code of Georgia Annotated, relating to annual accounting periods, so as to provide for treatment of 52-53 week taxable years; to provide for powers, duties, and authority of the state revenue commissioner; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1052. By Representatives Murphy of the 23rd, Rice of the 51st and BeasleyTeague of the 65th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a distinguishable transporter license plate; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.

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HB 1080. By Representatives Golick of the 34th, Roberts of the 154th, Geisinger of the 48th, Freeman of the 140th, Chambers of the 81st 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 an income tax credit with respect to qualified child and dependent care expenses; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

HB 1142. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Seminole County; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1143. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act reconstituting the board of education of the City of Dublin, approved April 5, 1993 (Ga. L. 1993, p. 4970), as amended, so as to provide certain additional authority to the board with respect to real estate transactions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1155. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, so as to provide for the selection of a chairperson and vice chairperson; to provide that such chairperson and vice chairperson shall serve terms of one year; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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253

SR 782.

By Senators Johnson of the 1st, Williams of the 19th, Hill of the 4th, Douglas of the 17th, Harbison of the 15th and others:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from Major General William G. Webster, Jr.; and for other purposes.

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

SB 506. By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and HOPE grants, so as to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants for eligible public postsecondary institutions created after January 1, 2004; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

SB 507. By Senators Thomas of the 54th, Smith of the 52nd, Unterman of the 45th, Hill of the 32nd, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, so as to revise the purpose of the chapter; to revise certain provisions regarding priority for certain specialties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 508. By Senators Tarver of the 22nd and Powell of the 23rd:
A BILL to be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to change the second divisions jurisdiction to make the second division judge coequal with those judges of Division 1; to remove references to associate judge; to create a third division of the State Court of Richmond County; to provide for the judge

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of the third division and the qualifications, election, duties, responsibilities, and compensation thereof; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 509. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a short title; to provide for the determination by the Commissioner that the insurance market in this state is not functioning in a competitive manner; to provide for certain notice; to provide for certain filings regarding accident and sickness insurance following such notice; to require the Commissioner to approve certain filings and rate increases; to provide for applicability; to provide for rules and regulations concerning such filings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 510. By Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of the 37th and Rogers of the 21st:
A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to change certain provisions relating to minimum standards and procedures for protection of river corridors; to change certain provisions regarding minimum standards and procedures regarding river corridors; to provide for limitations with respect to certain stream buffers; to change certain provisions relating to uses to which provisions of certain river protection statutes are inapplicable; to change certain provisions relating to local regulation of land in drainage basins, enforcement where local regulation inadequate, and failure of governing authority to meet requirements; to change certain provisions relating to best management practices regarding land-disturbing activities; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 511. By Senators Fort of the 39th, Miles of the 43rd, Henson of the 41st, Moody of the 56th, Jones of the 10th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to present legislative findings; to define terms; to ban the sale

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255

of marijuana or hemp flavored candy; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 512. By Senators Pearson of the 51st, Seabaugh of the 28th, Balfour of the 9th, Kemp of the 46th and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, the Environmental Advisory Council, duties of the council and its members and the director, procedure for aggrieved persons, and inspections, so as to change certain provisions relating to review and approval or denial of applications for certain permits or variances; to provide for applicability and effect; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 513. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd and Chapman of the 3rd:
A BILL to be entitled an Act to amend Chapter 8 of Title 7 of the Official Code of Georgia Annotated, relating to safe use of remote service terminals (ATMs), so as to require the use of 9-1-1 emergency call capability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.

SB 514. By Senators Brown of the 26th, Golden of the 8th, Butler of the 55th, Adelman of the 42nd, Thompson of the 5th and others:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to add definitions; to remove certain limitations on the amount of HOPE scholarships and grants; to remove maximum hour caps on HOPE grants; to provide for requirements to reduce individual award amounts of scholarships and grants; to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall

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reserve subaccount, so as to revise certain provisions relating to shortfall reserve subaccounts for HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

SB 515. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Starr of the 44th and Thomas of the 54th:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to expand the grades of eligibility for the remedial education program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 516. By Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of the 37th and Rogers of the 21st:
A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to provide that local governments shall not be denied state funding or water withdrawal permits because of failure to adopt stricter than minimum standards for certain stream or reservoir buffers; to change certain provisions relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs; to change certain provisions relating to model ordinances for effective storm-water management in the Metropolitan North Georgia Water Planning District and for a district-wide watershed management plan, annual review, public meetings, certification by director, and local compliance; to change certain provisions relating to best management practices regarding land-disturbing activities; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 517. By Senators Stephens of the 27th and Wiles of the 37th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to require the Secretary of State annually to compare the electors list with certain

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federal data bases to ensure the accuracy of the electors list; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 518. By Senators Unterman of the 45th and Cagle of the 49th:
A BILL to be entitled an Act to create the Buford Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in City of Buford, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 519. By Senator Unterman of the 45th:
A BILL to be entitled an Act to create the Suwanee Gateway Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in City of Suwanee, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 520. By Senators Johnson of the 1st, Kemp of the 46th, Douglas of the 17th and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and revolver to

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sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SR 801. By Senators Brown of the 26th, Butler of the 55th, Stoner of the 6th, Adelman of the 42nd, Jones of the 10th and others:
A RESOLUTION proposing an amendment to the Constitution so as to protect lottery proceeds so they may be reserved only for tuition grants, scholarships, or loans to enable citizens of this state to attend colleges and universities within this state, voluntary pre-kindergarten, and educational shortfall reserves; to require the expenditure of shortfall reserves before reducing tuition grant and scholarship amounts; and to require legislative approval and approval of the qualified electors of this state prior to reducing tuition grant and scholarship amounts; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Higher Education Committee.
The following House legislation was read the first time and referred to committee:
HB 594. By Representatives Maxwell of the 17th, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and Randall of the 138th:
A BILL to be entitled an Act to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the basis of the bondsmens fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 692. By Representatives Black of the 174th, Hatfield of the 177th, Greene of the 149th, Sims of the 169th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to terms and conditions of

FRIDAY, FEBRUARY 3, 2006

259

probation; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1042. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-7-33 of the Official Code of Georgia Annotated, relating to annual accounting periods, so as to provide for treatment of 52-53 week taxable years; to provide for powers, duties, and authority of the state revenue commissioner; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1052. By Representatives Murphy of the 23rd, Rice of the 51st and Beasley-Teague of the 65th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a distinguishable transporter license plate; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the

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State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1080. By Representatives Golick of the 34th, Roberts of the 154th, Geisinger of the 48th, Freeman of the 140th, Chambers of the 81st 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 an income tax credit with respect to qualified child and dependent care expenses; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1142. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Seminole County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1143. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act reconstituting the board of education of the City of Dublin, approved April 5, 1993 (Ga. L. 1993, p. 4970), as amended, so as to provide certain additional authority to the board with respect to real estate transactions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 1155. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, so as to provide for the selection of a chairperson and vice chairperson; to provide that such chairperson and vice chairperson shall serve

FRIDAY, FEBRUARY 3, 2006

261

terms of one year; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 999 SB 441 SB 447

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Bulloch of the 11th 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 713 Do Pass SR 764 Do Pass

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

Mr. President:

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

HB 1068 Do Pass as amended SB 470 Do Pass

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

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The following legislation was read the second time:

HB 804 HR 1041

SB 373 SB 381

SB 400 SB 453

SB 465 SB 466

SB 467 SR 639

SR 718 SR 737

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

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

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

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

Shafer,D Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,S Unterman Whitehead Wiles Zamarripa

Not answering were Senators:

Adelman (Excused) Hooks (Excused) Thompson, C (Excused) Williams

Balfour (Excused) Reed (Excused) Tolleson

Fort Rogers Weber

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

The members pledged allegiance to the flag.

Senator Heath of the 31st introduced the chaplain of the day, Pastor Joseph Ringwalt of Cartersville, Georgia, who offered scripture reading and prayer.

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Senator Hill of the 32nd introduced the doctor of the day, Dr. Stephen Pitts.
The following resolutions were read and adopted:
SR 794. By Senator Goggans of the 7th:
A RESOLUTION commending Mr. Greg Walker for winning the 2005 World Series as Hitting Coach for the Chicago White Sox; and for other purposes.
SR 795. By Senator Schaefer of the 50th:
A RESOLUTION commending Mrs. India Mae "Banksie" Wilbanks; and for other purposes.
SR 796. By Senators Tarver of the 22nd, Powell of the 23rd, Whitehead, Sr. of the 24th, Douglas of the 17th and Starr of the 44th:
A RESOLUTION commending Dr. Rich Jadick; and for other purposes.
SR 797. By Senators Hill of the 4th, Unterman of the 45th, Williams of the 19th, Thomas of the 54th, Smith of the 52nd and others:
A RESOLUTION commending Childrens Advocacy Centers in Georgia and recognizing Tuesday, February 7, 2006, as Childrens Advocacy Centers Day at the Capitol; and for other purposes.
SR 798. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION recognizing and commending Sconyers Bar-B-Que; and for other purposes.
SR 799. By Senators Tate of the 38th, Fort of the 39th and Reed of the 35th:
A RESOLUTION commending Reverend Dr. Walter L. Kimbrough on the occasion of his retirement; and for other purposes

SR 800. By Senator Meyer von Bremen of the 12th:
A RESOLUTION to commend the Georgia High School/High Tech students; and for other purposes.

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SR 802. By Senators Seay of the 34th and Starr of the 44th:

A RESOLUTION commending the class of Leadership Clayton 2006; and for other purposes.

SR 803. By Senators Hill of the 32nd, Thomas of the 54th, Unterman of the 45th, Goggans of the 7th, Grant of the 25th and others:

A RESOLUTION recognizing and commending the Rally Foundation, benefiting childhood cancer research, and its key leadership and supporters: Wrigley Company, Mizuno USA, Aflac, Tom Glavine, and Leader Enterprises; and for other purposes.

Senator Wiles of the 37th asked unanimous consent that the bills on today's Senate Local Consent Calendar be voted on individually.

The consent was granted, and the Senate agreed to vote on the bills on today's Senate Local Calendar individually.

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

SENATE LOCAL CONSENT CALENDAR Friday, February 3, 2006 Thirteenth Legislative Day

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

SB 470

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3872), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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:

E Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle
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 E Hooks Y Hudgens
Johnson Y Jones Y Kemp
Me V Bremen Y Miles
Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

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

On the passage of the local legislation, the yeas were 44, nays 0.

SB 470, having received the requisite constitutional majority, was passed.

Senator Mullis of the 53rd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.

HB 1068

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to provide for procedures relating to the establishment or revision of

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school attendance zones; to provide for an effective date; to repeal conflicting laws; and for other purposes. (AMENDMENT)
The amendment to the following bill was put upon its adoption:
*HB 1068:
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1068 (LC 33 1075) by striking lines 20 through 22 of page 1.
By striking line 25 of page 1 through line 2 of page 2 and inserting in lieu thereof: (A) The board shall be required, to the greatest extent possible, to: (1) Maintain efficient and effective school sizes; (2) Use existing school facilities efficiently; (3) Equalize student enrollment and capacity ratios; (4) Consider safety of students traveling to and from schools; (5) Minimize the time and distance between home and school; and (6) Support efficient and direct feeder patterns, when possible. These factors shall be given priority over any other criteria; (B)(1) No student shall be assigned or compelled to attend any school on the basis of race, creed, color, or national origin, or for the purpose of achieving equality in attendance or increased or reduced attendance at any school of persons of one or more particular race, creed, color, or national origin as may be evidenced by ethnic diversity charts or maps indicating race of students, unless otherwise ordered by a federal court or allowed by federal law based on a compelling interest. (2) No attendance zone shall be established or revised on the basis of race, creed, color, or national origin, or for the purpose of achieving equality in attendance or increased or reduced attendance at any school of persons of one or more particular race, creed, color, or national origin as may be evidenced by ethnic diversity charts or maps indicating race of students, unless otherwise ordered by a federal court or allowed by federal law based on a compelling interest; and
By striking "(B)" on line 3 of page 2 and inserting in lieu thereof "(C)".
On the adoption of the amendment, the yeas were 31, nays 14, 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.

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267

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

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

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

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

On the passage of the local bill, the yeas were 31, nays 14.

HB 1068, having received the requisite constitutional majority, was passed as amended.

The following communications were received by the Secretary:

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

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

The State Senate Atlanta, Georgia 30334

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To: Secretary of the Senate

From: Senator Regina Thomas

Date: February 3, 2006

Ref: HB 1068

Please change my yes vote to a no vote on HB 1068. I inadvertently pushed the wrong button.

My intention was to vote NO on HB 1068.

Thank you,

/s/ Regina Thomas

Senator Ed Tarver District 22 313-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Agriculture and Consumer Affairs Interstate Cooperation State Institutions and Property Veterans and Military Affairs

The State Senate Atlanta, Georgia 30334

To: Secretary of the Senate

From: Senator Ed Tarver

Date: February 3, 2006

Ref: HB 1068

Please change my yes vote to a no vote on HB 1068. I inadvertently pushed the wrong button.

My intention was to vote NO on HB 1068.

Thank you,

/s/ Ed Tarver

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269

NOTICE OF MOTION TO RECONSIDER:

SR 655

CA: Lottery Funds; reserved for HOPE Scholarship Program; tuition grants; loans; citizens to attend colleges/universities within state (H ED-13th)(ENGROSSED)

SENATE RULES CALENDAR FRIDAY, FEBRUARY 3, 2006 THIRTEENTH LEGISLATIVE DAY

SB 391

Urban Redevelopment Law; provide moratorium upon the exercise of power of eminent domain; exceptions (JUDY-3rd)

SB 79

Education; local boards; additional elective courses; provide state funding (Substitute)(ED&Y-19th)

SB 409

Elections; require courts to determine contested elections/primaries on expedited basis (ETHICS-30th)

Respectfully submitted,

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

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

SB 391. By Senators Chapman of the 3rd, Heath of the 31st, Hill of the 32nd, Reed of the 35th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to provide for a moratorium upon the exercise of the power of eminent domain for purposes of urban development; to provide for exceptions; to provide a statement of legislative findings and a statement of intent; to provide for conflicts and construction; to provide for severability; to provide for applicability; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senators Reed of the 35th and Chapman of the 3rd offered the following amendment:

Amend the SB 391 (LC 33 1058) by inserting after "structures" on line 7 of page 2: , the creation, expansion, or maintenance of government owned utilities or federally mandated projects,

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By inserting after "control" on line 10 of page 2: with the exception of those powers necessary for governments specifically exempted in subsection (a) of this Code section
By striking "condemnations" on line 12 of page 2 and inserting in its place: condemnation actions brought pursuant to this chapter
On the adoption of the amendment, the yeas were 38, nays 0, and the Reed, Chapman amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

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

SB 391, having received the requisite constitutional majority, was passed as amended.

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271

SB 79. By Senators Williams of the 19th, Pearson of the 51st, Rogers of the 21st, Goggans of the 7th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide expressly that local boards of education are authorized to provide additional elective courses for students in specified grades; to provide for state funding of such additional elective courses; to repeal conflicting laws; and for other purposes.
The Senate Education and Youth Committee offered the following substitute to SB 79:
A BILL TO BE ENTITLED AN ACT

To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era; to provide for the adoption of the curricula for such courses by the State Board of Education; to provide for the topics of instruction, reading materials, and methods of teaching in such courses; to provide for certain matters relating to the employment and assignment of teachers of such courses; to provide for the granting of academic credit for the successful completion of such courses; to provide for the monitoring of the content and teaching of such courses; 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.
Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," is amended by adding at the end thereof a new Code section to read as follows:
20-2-148. (a) All public schools with grade nine or above may make available to eligible students in grades nine through 12 an elective course in the History and Literature of the Old Testament Era and an elective course in the History and Literature of the New Testament Era. The purpose of such courses shall be to accommodate the rights and desires of those teachers and students who wish to teach and study the Old and New

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Testaments and to familiarize students with the contents of the Old and New Testaments, the history recorded by the Old and New Testaments, the literary style and structure of the Old and New Testaments, the customs and cultures of the peoples and societies recorded in the Old and New Testaments, and the influence of the Old and New Testaments upon law, history, government, literature, art, music, customs, morals, values, and culture.
(b)(1) No later than February 1, 2007, the State Board of Education shall adopt a curriculum for each course, including objectives, reading materials, and lesson plans, which has been prepared in accordance with the requirements of this subsection. (2) The topics to be included in the course in the History and Literature of the Old Testament Era may include the historical background and events of the period; the history of the Kingdom of Israel; the poetry of the Old Testament; the influence of Old Testament history and literature on subsequent art, music, literature, law, and events, including recent and current events in the Middle East. The topics to be included in the course in the History and Literature of the New Testament Era may include the historical background and events of the period; the life of Jesus of Nazareth; the parables of Jesus; the life and travels of Paul; and the influence of New Testament history and literature on subsequent art, music, literature, law, and events. (3) The book or collection of books commonly known as the Old Testament shall be the basic text for the course in the History and Literature of the Old Testament Era, and the book or collection of books commonly known as the New Testament shall be the basic text for the course in the History and Literature of the New Testament Era. In addition, students may be assigned a range of reading materials for the courses, including selections from secular historical and cultural works and selections from other religious and cultural traditions. The courses shall familiarize students with the customs and cultures of the times and places referred to in the Old and New Testaments. The courses shall familiarize the students with the methods and tools of writing at the times the Old and New Testament books were written, the means by which they were preserved, the languages in which they were written and into which they were translated, and the historical and cultural events which led to the translation of the Old and New Testaments into the English language. The local board of education may determine which version of the Old or New Testament shall be used as the main text or, if the local board of education does not do so, that determination may be made by the teacher of the course. No student shall be required to use one version as the sole text of the Old or New Testament. If a student desires to use as the basic text a different version of the Old or New Testament from that chosen by the local board of education or teacher, he or she shall be permitted to do so. (4) The courses provided for in this Code section shall:
(A) Be taught in an objective and nondevotional manner with no attempt made to indoctrinate the students as to either the truth or falsity of the biblical materials or as to the correct interpretation thereof; (B) Not include teaching of religious doctrine or sectarian interpretation of the Bible; and

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(C) Not disparage or encourage a commitment to a set of religious beliefs. (c) The provisions of this chapter relating to personnel employed by local units of administration, including without limitation certification requirements, employment, and supervision, shall apply to persons who teach the courses provided for in this Code section. In addition, no person shall be assigned to teach such courses based in whole or in part on any religious test, profession of faith or lack thereof, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack thereof about the Bible. Except for these requirements, the qualifications and training of teachers shall be determined by the local boards of education. (d) On and after July 1, 2007, for the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion of the course in the History and Literature of the Old Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit, and satisfactory completion of the course in the History and Literature of the New Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit; provided, however, that such courses are taught in strict compliance with the requirements of this Code section. (e) A local board of education may make such arrangements for monitoring the content and teaching of the course in the History and Literature of the Old Testament Era and the course in the History and Literature of the New Testament Era as it deems appropriate. (f) Nothing in this Code section shall be construed to limit the authority of a local board of education to offer courses regarding the Old Testament or the New Testament that are not in compliance with this Code section; provided, however, that no state funds distributed pursuant to this article shall be expended in connection with such a course that does not meet the requirements of this Code section. (g) Nothing in this Code section shall be construed to prohibit local boards of education from offering elective courses based upon the books of other religions or societies. In determining whether to offer such courses, the local board may consider various factors including, but not limited to, student and parent demand for such courses and the impact such books have had upon history and culture.

SECTION 2. This Act shall become effective on July 1, 2006.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Williams of the 19th moved the previous question.
There were no objections and the previous question was ordered.

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Senators Golden of the 8th, Stoner of the 6th and Reed of the 35th offered the following amendment #1:
Amend the Senate Education and Youth Committee substitute to SB 79 (LC 33 1196-ERS) by striking line 1 of page 1 through line 2 of page 4 and inserting in lieu thereof:
To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to authorize the State Board of Education to develop and adopt a curriculum for a state funded elective course consisting of a nonsectarian, nonreligious academic study of the Bible and its influence on literature, art, music, culture, and politics; to provide for implementation by a local board of education; 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 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," is amended by adding at the end thereof a new Code section to read as follows: 20-2-148. (a) The State Board of Education is authorized to approve a curriculum for an elective state funded course consisting of a nonsectarian, nonreligious academic study of the Bible and its influence on literature, art, music, culture, and politics. The curriculum and associated textbook shall meet academic rigor and standards of the State Board of Education in the same manner as required for approval of any other elective course and textbook approved by the state board and shall meet the requirements of the Constitutions of the United States and the State of Georgia. The course provided for in this Code section shall:
(1) Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students as to either the truth or falsity of the biblical materials or texts from other religious or cultural traditions; (2) Not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; and (3) Not disparage or encourage a commitment to a set of religious beliefs. (b) A local board of education that elects to offer a course and utilize an associated textbook approved in accordance with subsection (a) of this Code section shall implement such course in accordance with the Constitutions of the United States and the State of Georgia, including the manner in which the course is taught in the classroom and the assignment by the local board of education of the individual teaching the course. The individual assigned to teach the course shall meet all certification requirements and all other provisions of this chapter relating to personnel employed by

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local units of administration. In addition, no person shall be assigned to teach such course based in whole or in part on any religious test, profession of faith or lack of faith, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack of beliefs about the Bible.

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

Senators Smith of the 52nd and Seabaugh of the 28th offered the following amendment #1a:

Amend amendment 1 to the Committee substitute to SB 79 by deleting page 1, line 1 through p. 1 line 25 and by deleting page 2, line 1 through page 2 line 13, and by inserting the language contained in page 1, lines 26 through 31 into, and in lieu of the Committee sub language found at page 3, lines 1-6, and by re-numbering or re-lettering appropriately.

On the adoption of the amendment, the yeas were 44, nays 0, and the Smith, Seabaugh amendment #1a was adopted.

On the adoption of the amendment, the yeas were 46, nays 0, and the Golden et al. amendment #1 to the committee substitute was adopted as amended.

On the adoption of the substitute, the yeas were 48, nays 0, and the committee substitute was adopted as amended.

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

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

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

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

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

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

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

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

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

SB 79, having received the requisite constitutional majority, was passed by substitute.

SB 409. By Senators Hamrick of the 30th, Smith of the 52nd and Wiles of the 37th:
A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to require that the courts determine contested elections and primaries on an expedited basis; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

Y Hill,Jack Y Hill,Judson E 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 Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate E Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

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

SB 409, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:

SR 806. By Senators Williams of the 19th, Johnson of the 1st, Seabaugh of the 28th and Brown of the 26th: A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2006 regular session of the General Assembly for the period of February 3, 2006, through February 13, 2006, shall be as follows:
Friday, February 3..........................................in session for legislative day 13 Saturday, February 4 ......................................in adjournment Sunday, February 5 ........................................in adjournment Monday, February 6.......................................in session for legislative day 14 Tuesday, February 7.......................................in adjournment Wednesday, February 8..................................in session for legislative day 15 Thursday, February 9 .....................................in session for legislative day 16 Friday, February 10........................................in adjournment Saturday, February 11 ....................................in adjournment Sunday, February 12 ......................................in adjournment Monday, February 13.....................................in session for legislative day 17

BE IT FURTHER RESOLVED that on and after February 13, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.

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

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bill of the House:
HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).
The following House legislation was read the first time and referred to committee:
HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).
Referred to the Appropriations Committee.
Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1114 until 1:00 p.m. Monday, February 6, 2006; the motion prevailed, and at 11:55 a.m. the President announced the Senate adjourned.

MONDAY, FEBRUARY 6, 2006

279

Senate Chamber, Atlanta, Georgia Monday, February 6, 2006 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
The President asked for a moment of silence in honor of the lives and service of Secretary of the Senate Frank Eldridge, Jr., and former Senator Rene Kemp.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:
HB 476. By Representatives Mumford of the 95th and Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the O.C.G.A., relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each month; to increase the amount of such dues; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to increase a certain fee; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide for spouses benefits; to provide that the board of governors of such retirement fund shall be authorized to provide for a surviving spouses benefit in the event of the death of a member who would be eligible to receive a retirement benefit but for reaching the age of 55; to provide conditions under which such benefit may be granted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 1085. By Representatives Lane of the 158th, Day of the 163rd, Hill of the 180th, Williams of the 165th, Lane of the 167th and others:
A BILL to be entitled an Act to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to change certain provisions relating to tripletail fish; to repeal conflicting laws; and for other purposes.
HB 1159. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Lumpkin County, approved June 3, 2003 (Ga. L. 2003, p. 4354), so as to change certain provisions relating to duties of the board; to change certain provisions relating to appointment and terms of office of members; to change certain provisions relating to qualifications of members; to change certain provisions relating to vacancies; to provide for removal of members; to change certain provisions regarding appointment and duties of the election supervisor and chief registrar; to repeal conflicting laws; and for other purposes.
HB 1161. By Representatives Greene of the 149th and Hanner of the 148th:
A BILL to be entitled an Act to create the Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph, and Stewart counties; to provide for a short title; to provide for definitions; to provide for membership; to provide for a governing board and its terms, organization, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, and bonding; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for conditions for issuance of bonds and that they will not constitute certain debts; to provide for trust indentures, sinking fund, and payment of proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1186. By Representatives Teilhet of the 40th, Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd, Wix of the 33rd 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 May 5, 2005 (Ga. L. 2005, p.

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3609), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 761. By Senators Thomas of the 54th and Mullis of the 53rd:
A RESOLUTION commending Cohutta First Baptist Church and congratulating it on its 100th anniversary; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 521. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Titles 16, 17, 37, and 42 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses, criminal procedure, mental health, and penal institutions, so as to provide for enhanced penalties and civil commitment for certain sex offenses when aggravating circumstances are found beyond a reasonable doubt; to provide for legislative findings; to change punishment provisions relating to rape; to change punishment provisions relating to sodomy and aggravated sodomy; to change punishment provisions relating to child molestation and aggravated child molestation; to change punishment provisions relating to aggravated sexual battery; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 522. By Senators Hamrick of the 30th, Seabaugh of the 28th and Unterman of the 45th:
A BILL to be entitled an Act to provide for a short title; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judges authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly

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children and their discharge from commitment; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 523. By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 524. By Senators Mullis of the 53rd, Seabaugh of the 28th, Hooks of the 14th and Chance of the 16th:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that noise related ordinances may not be construed to regulate land use; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SR 804. By Senators Moody of the 56th and Shafer of the 48th:
A RESOLUTION to create the North Fulton Boundary Commission; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
The following House legislation was read the first time and referred to committee:
HB 476. By Representatives Mumford of the 95th and Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the O.C.G.A., relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each

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month; to increase the amount of such dues; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to increase a certain fee; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide for spouses benefits; to provide that the board of governors of such retirement fund shall be authorized to provide for a surviving spouses benefit in the event of the death of a member who would be eligible to receive a retirement benefit but for reaching the age of 55; to provide conditions under which such benefit may be granted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 1085. By Representatives Lane of the 158th, Day of the 163rd, Hill of the 180th, Williams of the 165th, Lane of the 167th and others:
A BILL to be entitled an Act to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to change certain provisions relating to tripletail fish; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 1159. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Lumpkin County, approved June 3, 2003 (Ga. L. 2003, p. 4354), so as to change certain provisions relating to duties of the board; to change certain provisions relating to appointment and terms of office of members; to change certain provisions relating to qualifications of members; to change certain provisions relating to vacancies; to provide for removal of members; to change certain provisions regarding appointment and duties of the election supervisor and chief registrar; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1161. By Representatives Greene of the 149th and Hanner of the 148th:
A BILL to be entitled an Act to create the Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph, and Stewart counties; to provide for a short title; to

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provide for definitions; to provide for membership; to provide for a governing board and its terms, organization, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, and bonding; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for conditions for issuance of bonds and that they will not constitute certain debts; to provide for trust indentures, sinking fund, and payment of proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1186. By Representatives Teilhet of the 40th, Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd, Wix of the 33rd 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 May 5, 2005 (Ga. L. 2005, p. 3609), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee report was read by the Secretary:

Mr. President:

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

SB 496 Do Pass SB 497 Do Pass

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

The following legislation was read the second time:

HB 713

HB 999 SB 441

SB 447

SR 764

Senator Williams of the 19th asked unanimous consent that the call of the roll be dispensed with. The consent was granted and the roll call was dispensed with.

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SENATE RULES CALENDAR MONDAY, FEBRUARY 6, 2006 FOURTEENTH LEGISLATIVE DAY

SB 468

Quality Basic Education Act; establishment of grant program for High Performance Principals; rules/regulations (ED&Y-56th)

SB 425

Georgia Child, Family, and School Communications Protection; enact; provide conditions for registration (Substitute)(S&T-7th)

SB 450

Ad Valorem Taxation of Property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries (Substitute)(SLGO(G)-46th)

SR 737 Ronald Reagan Day; February 6, 2006; recognize (RULES-9th)

Respectfully submitted,

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

The following legislation was read the third time:

SB 468. By Senators Moody of the 56th, Carter of the 13th, Douglas of the 17th, Grant of the 25th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for the establishment of a grant program for High Performance Principals to attract successful principals to schools in need of improvement; to provide for legislative findings; to provide for a definition; to provide for rules and regulations; to provide for one-year salary supplements; to provide for reports; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 425. By Senators Goggans of the 7th, Zamarripa of the 36th, Balfour of the 9th, Williams of the 19th, Johnson of the 1st and others:

A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Computer Security Act of 2005," so as to enact "The Georgia Child, Family, and School Communications Protection Act"; to provide a short title; to provide for

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definitions; to create a service to protect child, family, and school communications; to provide conditions for registration; to provide for a fee; to provide for procedures; to provide for verification from the contents of the service; to prohibit the release of certain information; to shield certain information from public inspection; to provide for a penalty; to provide for civil actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
SR 737. By Senators Balfour of the 9th, Douglas of the 17th, Schaefer of the 50th and Smith of the 52nd:
A RESOLUTION honoring President Ronald Wilson Reagan on the 95th anniversary of his birth and declaring February 6, 2006, as "Ronald Reagan Day"; and for other purposes.
Senator Williams of the 19th asked unanimous consent that all legislation on today's Senate Rules Calendar be postponed to Wednesday, February 8, 2006. The consent was granted and the legislation was postponed to Wednesday, February 8, 2006.
Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 806 until 10:00 a.m. Wednesday, February 8, 2006; the motion prevailed, and at 1:17 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, February 8, 2006 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

Mr. President:

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

HB 728.

By Representatives Franklin of the 43rd, Brooks of the 63rd, Jones of the 44th, Cooper of the 41st, Walker of the 107th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes.

HB 912. By Representative Fleming of the 117th:

A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain provisions relating to applicability to nonparties; to provide that silence may act as a waiver under certain circumstances; to change certain

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provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1192. By Representatives Willard of the 49th, Wilkinson of the 52nd, Geisinger of the 48th and Lindsey of the 54th:
A BILL to be entitled an Act to create the City of Sandy Springs Public Facilities 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 from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1197. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1198. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or over and whose annual 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 1199. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that the probate judge of McIntosh County shall serve ex officio as chief magistrate of the Magistrate Court of McIntosh County on and after a date certain; to provide an effective date; to repeal certain Acts; to repeal conflicting laws; and for other purposes.
HB 1201. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others:
A BILL to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, so as to provide for compensation of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1202. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others:
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, 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.
HB 1207. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend the "City of Hartwell Recreation Authority Act," approved April 4, 1996 (Ga. L. 1996, p. 3998), so as to authorize the Hartwell Recreation Authority to lease, sell, transfer, or otherwise dispose of real or tangible personal property owned by the authority; to provide for the disposition of proceeds resulting from the transfer of ownership interests of such property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1208. By Representatives Jones of the 44th, Tumlin of the 38th, Manning of the 32nd, Johnson of the 37th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved

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February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1210. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th:

A BILL to be entitled an Act to amend an Act entitled "An Act to provide for members of the board of the hospital authority of Clarke County," approved April 6, 1982 (Ga. L. 1982, p. 3705), so as to provide for staggered six-year terms for the members of such authority board; to provide for current membership; to provide for nominations for appointments; to repeal conflicting laws; and for other purposes.

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

SR 806.

By Senators Williams of the 19th, Johnson of the 1st, Seabaugh of the 28th and Brown of the 26th:

A RESOLUTION relative to adjournment; and for other purposes.

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

HB 728. By Representatives Franklin of the 43rd, Brooks of the 63rd, Jones of the 44th, Cooper of the 41st, Walker of the 107th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

HB 912. By Representative Fleming of the 117th:

A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain

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provisions relating to applicability to nonparties; to provide that silence may act as a waiver under certain circumstances; to change certain provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 1192. By Representatives Willard of the 49th, Wilkinson of the 52nd, Geisinger of the 48th and Lindsey of the 54th:
A BILL to be entitled an Act to create the City of Sandy Springs Public Facilities 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 from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1197. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1198. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school

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district who are 65 years of age or over and whose annual 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 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 1199. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that the probate judge of McIntosh County shall serve ex officio as chief magistrate of the Magistrate Court of McIntosh County on and after a date certain; to provide an effective date; to repeal certain Acts; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1201. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others:
A BILL to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, so as to provide for compensation of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1202. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others:
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, so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1207. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend the "City of Hartwell Recreation Authority Act," approved April 4, 1996 (Ga. L. 1996, p. 3998), so as to

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authorize the Hartwell Recreation Authority to lease, sell, transfer, or otherwise dispose of real or tangible personal property owned by the authority; to provide for the disposition of proceeds resulting from the transfer of ownership interests of such property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1208. By Representatives Jones of the 44th, Tumlin of the 38th, Manning of the 32nd, Johnson of the 37th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1210. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for members of the board of the hospital authority of Clarke County," approved April 6, 1982 (Ga. L. 1982, p. 3705), so as to provide for staggered six-year terms for the members of such authority board; to provide for current membership; to provide for nominations for appointments; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Thompson of the 33rd asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.
Senator Thompson of the 33rd asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.
Senator Carter of the 13th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused.

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

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

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

Hill,Jack Hooks Hudgens Johnson Jones Kemp Miles Moody Mullis Pearson Powell Rogers Schaefer Seabaugh Seay Shafer,D Smith

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

Not answering were Senators:

Bulloch

Fort

Meyer von Bremen (Excused) Reed (Excused)

Hill, Judson (Excused) Zamarripa (Excused)

Senator Fort was off the floor of the Senate when the roll was called and wished to be recorded as present.
The members pledged allegiance to the flag.

Senator Staton of the 18th introduced the chaplain of the day, Reverend David Franklin of Macon, Georgia, who offered scripture reading and prayer.
Senator Fort of the 39th introduced the doctor of the day, Dr. Howard Yager.

The following resolutions were read and adopted:

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SR 805. By Senators Chance of the 16th, Seay of the 34th, Rogers of the 21st, Seabaugh of the 28th and Johnson of the 1st:
A RESOLUTION commending the Peachtree City Police Department; and for other purposes.

SR 807. By Senators Whitehead, Sr. of the 24th, Kemp of the 46th, Hudgens of the 47th, Seabaugh of the 28th, Thomas of the 54th and others:
A RESOLUTION celebrating the life and accomplishments of Joseph M. Still, Jr., M. D., and offering condolences to his family and friends upon his passing; and for other purposes.
SR 808. By Senator Rogers of the 21st:
A RESOLUTION recognizing the contributions of home education and declaring Monday, February 6, 2006, Home School Day at the Capitol; and for other purposes.

SR 809. By Senator Balfour of the 9th:
A RESOLUTION congratulating Mrs. Kathleen Batson for being selected as Mrs. Georgia 2005; and for other purposes.
SR 810. By Senator Rogers of the 21st:
A RESOLUTION recognizing and commending Steven Schaff; and for other purposes.

SR 811. By Senator Rogers of the 21st:
A RESOLUTION recognizing and commending Nicholas Torcivia; and for other purposes.
SR 812. By Senator Rogers of the 21st:
A RESOLUTION recognizing and commending Samuel Aumann; and for other purposes.

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SR 813. By Senators Bulloch of the 11th, Tolleson of the 20th and Hudgens of the 47th:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation; and for other purposes.

SR 814. By Senator Johnson of the 1st:
A RESOLUTION relative to the office of the Secretary of the Senate; 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

Wednesday, February 8, 2006 Fifteenth 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 two local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

SB 496

Chapman of the 3rd CAMDEN COUNTY

A BILL to be entitled an Act to provide for a homestead exemption from Camden County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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SB 497

Chapman of the 3rd CAMDEN COUNTY

A BILL to be entitled an Act to provide for a homestead exemption from Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the local legislation, the yeas were 48, nays 1.

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

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 8, 2006 FIFTEENTH LEGISLATIVE DAY

SB 468

Quality Basic Education Act; establishment of grant program for High Performance Principals; rules/regulations (ED&Y-56th)

SB 425

Georgia Child, Family, and School Communications Protection; enact; provide conditions for registration (Substitute)(S&T-7th)

SB 450

Ad Valorem Taxation of Property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries (Substitute)(SLGO(G)-46th)

SR 737 Ronald Reagan Day; February 6, 2006; recognize (RULES-9th)

Respectfully submitted,

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

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 Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.

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

SB 468. By Senators Moody of the 56th, Carter of the 13th, Douglas of the 17th, Grant of the 25th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to

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conditions of employment under the "Quality Basic Education Act," so as to provide for the establishment of a grant program for High Performance Principals to attract successful principals to schools in need of improvement; to provide for legislative findings; to provide for a definition; to provide for rules and regulations; to provide for one-year salary supplements; to provide for reports; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

On the passage of the bill, the yeas were 44, nays 2.

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

SB 468, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

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

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

The State Senate Atlanta, Georgia 30334

February 8, 2006

Office of the Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Attention: Bob Ewing

Re: SB 468

Dear Mr. Ewing,

Please have the record reflect my affirmative "yea" vote on this legislation. Despite my best efforts my vote was not recorded at all and should have been recorded in favor of this important measure.

Thank you for your assistance,

/s/ Joseph Carter

Senator Pearson of the 51st asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

Senator Hill of the 32nd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused.

SB 425. By Senators Goggans of the 7th, Zamarripa of the 36th, Balfour of the 9th, Williams of the 19th, Johnson of the 1st and others:

A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Computer Security Act of 2005," so as to enact "The Georgia Child, Family, and School Communications Protection Act"; to provide a short title; to provide for definitions; to create a service to protect child, family, and school

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communications; to provide conditions for registration; to provide for a fee; to provide for procedures; to provide for verification from the contents of the service; to prohibit the release of certain information; to shield certain information from public inspection; to provide for a penalty; to provide for civil actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate Science and Technology Committee offered the following substitute to SB 425:
A BILL TO BE ENTITLED AN ACT
To amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Computer Security Act of 2005," so as to enact "The Georgia Child, Family, and School Communications Protection Act"; to provide a short title; to provide for definitions; to create a service to protect child, family, and school communications; to provide conditions for registration; to provide for a fee; to provide for procedures; to provide for verification from the contents of the service; to prohibit the transmission of certain messages; to provide for exceptions; to prohibit the release of certain information; to shield certain information from public inspection; to provide for a penalty; to provide for civil actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Computer Security Act of 2005," is amended by designating the existing portion of such article as Part 1 and by inserting at the end of such article the following:
Part 2
16-9-170. This part shall be known and may be cited as the 'The Georgia Child, Family, and School Communications Protection Act.'
16-9-171. As used in this part, the term:
(1) 'Contact point' means any electronic identification to which messages can be sent, including any of the following:
(A) An instant message identity; (B) A wireless telephone, a personal digital assistant, a pager number, or any other

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similar wireless communication device; (C) A facsimile number; (D) An electronic mail address; or (E) Other electronic addresses subject to rules promulgated under this part by the department. (2) 'Division' means the Division of Family and Children Services of the Department of Human Resources. (3) 'Internet domain name' means a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy. (4) 'Minor' means an individual under the age of 18 years. (5) 'Person' means an individual, corporation, association, partnership, or any other legal entity. (6) 'Service' means the Georgia Child, Family, and School Communications Protection Service created under Code Section 16-9-172.
16-9-172. (a) The division shall establish and operate, or contract with a qualified third party to establish and operate, the Georgia Child, Family, and School Communications Protection Service. The division or a third party administrator shall establish procedures to prevent the use or disclosure of protected contact points as required under Code Section 16-9-174. (b) A parent, guardian, individual, or an entity under subsection (d) of this Code section who is responsible for a contact point to which a minor may have access or which is used by a household in which a minor is present may register that contact point with the department under rules promulgated by the division. The division shall establish procedures to ensure that a registrant meets the requirements of this subsection. (c) A registration under this Code section shall be for not more than three years. If the contact point is established for a specific minor, the registration expires when the minor reaches 18 years of age. A registration can be revoked or renewed by the registrant upon notification to the division. (d) Schools and other institutions or entities primarily serving minor children may register one or more contact points with the division. An entity under this subsection may make one registration for all contact points of the entity, and the registration may include the entitys Internet domain name under rules promulgated by the division. (e) No fee or charge shall be assessed or incurred by a person registering a contact point under this part. (f) The division shall establish a mechanism for senders to verify compliance with the service. (g) A person desiring to send a message described in Code Section 16-9-173 shall pay the division a fee for access to the mechanism required under subsection (f) of this

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Code section. The fee required under this subsection shall be set by the division. The fee shall not exceed 1 per contact point. The mechanism to verify compliance under subsection (f) of this Code section and the fee required under this subsection shall be established under rules promulgated by the division. (h) The service shall be fully operational not later than December 1, 2006.
16-9-173. (a) Except as otherwise provided in this Code section, a person shall not send, cause to be sent, or conspire with a third party to send a message to a contact point that has been registered with the service for at least 30 calendar days if the primary purpose of the message is to advertise or induce the sale of a product or service that a minor is prohibited by law from purchasing, viewing, possessing, participating in, or otherwise receiving. (b) A person desiring to send a message described in subsection (a) of this Code section shall use the mechanism created under subsection (f) of Code Section 16-9-172 to ensure compliance with this part. (c) Senders that, in good faith, use the mechanism created under subsection (f) of Code Section 16-9-172 to remove all registered contact points at least every 30 days from their sending lists shall receive a safe harbor from criminal prosecution and civil actions under this part for inadvertent violations of this part during the period in which the mechanism was used. (d) Except as otherwise provided in subsection (h) of this Code section, the consent to receive the message is not a defense to a violation of this Code section. (e) A person does not violate this part because the person is an intermediary between the sender and recipient in the transmission of an electronic message that violates this part or unknowingly provides transmission of electronic messages over the persons computer network or facilities that violate this part. (f) The sending of a message described in subsection (a) of this Code section is prohibited only if it is otherwise a crime for the minor to purchase, view, possess, participate in, or otherwise receive the product or service. (g) Senders shall be considered on notice of jurisdiction over contact points that have been registered for at least 30 days with the service. Sending a message to an address registered for at least 30 calendar days with the child, family, and school communication protection service shall subject the sender to the states long arm jurisdiction. (h) The sending of a message described in subsection (a) of this Code section shall not be prohibited if, prior to sending the message, the sender has obtained from an adult whose age the sender has verified a statement consenting to receive the message at a contact point which such adult has verified as being such adults contact point. To comply with this subsection, the sender shall:
(1) Verify that the person making the affirmative statement is of legal age by inspecting in a face-to-face meeting a valid photo identification issued by a governmental agency;

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(2) Obtain a written consent form signed by the recipient stating that the recipient has consented to receive the type of message described in subsection (a) of this Code section. The sender shall retain the consent form on record and shall make it available as provided in paragraph (4) of this subsection; (3) Include in all messages sent pursuant to this subsection a statement that the recipient may rescind his or her consent and provide an opportunity for the recipient to opt not to receive future messages; and (4) Notify the division that the sender intends to send messages as provided in this subsection. The division may implement procedures to audit the senders records to verify that the sender is in compliance with this subsection.
16-9-174. (a) A person shall not release to another person information concerning persons or provide access to contact points or other information contained on the service except as provided by this part. (b) A person shall not sell or use the contents of the service for any reason other than to meet the requirements of this part. (c) A person shall not access or attempt to access the service except as provided by this part. (d) Records and documents of the service created under this part are not subject to public inspection pursuant to Article 4 of Chapter 18 of Title 50.
16-9-175. A violation of this part shall be a computer crime and a felony punishable by incarceration up to five years or a fine not to exceed $200,000.00, or both. Each violation of this part shall constitute a separate offense.
16-9-176. (a) A civil action based on a violation of this part may be brought:
(1) By an authorized individual or the registrant of the contact point on behalf of a minor who has received a message in violation of this part; (2) By a person through whose facilities the message was transmitted in violation of this part; or (3) By the Attorney General against a person who has violated this part. (b) In each action brought under this Code section, the prevailing party may be awarded reasonable attorney fees. (c) A person bringing an action under this Code section may recover: (1) Actual damages, including reasonable attorney fees; or (2) In lieu of actual damages, the lesser of $5,000.00 per each message received by a recipient or transmitted or $250,000.00 for each day that the violation occurs. (d) It shall be an affirmative defense to a civil action based on a violation of this part brought by an individual who registered a contact point if the sender proves that the individual affirmatively, expressly, and directly consented, and did not subsequently

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revoke such consent, to receive messages from the particular sender to the registered contact point. Such consent shall not be a defense to a criminal or civil action brought by the Attorney General or by a person through whose facilities the message was transmitted in violation of this part. (e) If the Attorney General has reason to believe that a person has violated this part, the Attorney General may investigate the business transactions of that person. The Attorney General may require that person to appear, at a reasonable time and place, to give information under oath and to produce such documents and evidence necessary to determine whether the person is in compliance with the requirements of this part.
SECTION 2. Said article is further amended by striking in its entirety Code Section 16-9-150, relating to a short title, and inserting in lieu thereof the following:
16-9-150. This article part shall be known and may be cited as the 'Georgia Computer Security Act of 2005.'
SECTION 3. Said article is further amended by striking in its entirety Code Section 16-9-151, relating to definitions, and inserting in lieu thereof the following:
16-9-151. As used in this chapter part, the term:
(1) 'Advertisement' means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose. (2) 'Authorized user' with respect to a computer, means a person who owns or is authorized by the owner or lessee to use the computer. (3) 'Cause to be copied' means to distribute or transfer computer software or any component thereof. Such term shall not include providing:
(A) Transmission, routing, provision of intermediate temporary storage, or caching of software; (B) A storage medium, such as a compact disk, website, or computer server, through which the software was distributed by a third party; or (C) An information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software. (4) 'Computer software' means a sequence of instructions written in any programming language that is executed on a computer. Such term shall not include a text or data file, a web page, or a data component of a web page that is not executable independently of the web page. (5) 'Computer virus' means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer

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networks without the authorization of the owners of those computers or computer networks. (6) 'Consumer' means an individual who resides in this state and who uses the computer in question primarily for personal, family, or household purposes. (7) 'Damage' means any significant impairment to the integrity or availability of data, software, a system, or information. (8) 'Execute,' when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software. (9) 'Intentionally deceptive' means any of the following:
(A) By means of an intentionally and materially false or fraudulent statement; (B) By means of a statement or description that intentionally omits or misrepresents material information in order to deceive the consumer; or (C) By means of an intentional and material failure to provide any notice to an authorized user regarding the download or installation of software in order to deceive the consumer. (10) 'Internet' means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol or its subsequent extensions; that is able to support communications using the Transmission Control Protocol/Internet Protocol suite, its subsequent extensions, or other Internet Protocol compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this paragraph. (11) 'Person' means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. (12) 'Personally identifiable information' means any of the following: (A) A first name or first initial in combination with a last name; (B) Credit or debit card numbers or other financial account numbers; (C) A password or personal identification number required to access an identified financial account; (D) A social security number; or (E) Any of the following information in a form that personally identifies an authorized user:
(i) Account balances; (ii) Overdraft history; (iii) Payment history; (iv) A history of websites visited; (v) A home address; (vi) A work address; or (vii) A record of a purchase or purchases.
SECTION 4. Said article is further amended by striking in its entirety subsection (b) of Code Section 16-9-152, relating to spyware, browsers, hijacks, and other software prohibited, and

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inserting in lieu thereof the following: (b) Nothing in this Code section shall apply to any monitoring of, or interaction with, a users Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, network management, network maintenance, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this article part.
SECTION 5. Said article is further amended by striking in its entirety subsection (b) of Code Section 16-9-153, relating to e-mail virus distribution, denial of service attacks, and other conduct prohibited, and inserting in lieu thereof the following:
(b) Nothing in this Code section shall apply to any monitoring of, or interaction with, a users Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, network management, network maintenance, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this article part.
SECTION 6. Said article is further amended by striking in its entirety subsection (b) of Code Section 16-9-154, relating to inducement to install, copy, or execute software through misrepresentation prohibited, and inserting in lieu thereof the following:
(b) Nothing in this Code section shall apply to any monitoring of, or interaction with, a users Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, network management, network maintenance, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this article part.
SECTION 7. Said article is further amended by striking in its entirety Code Section 16-9-155, relating to penalties, and inserting in lieu thereof the following:

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16-9-155. (a) Any person who violates the provisions of paragraph (2) of Code Section 16-9-152, subparagraph (A), (B), or (C) of paragraph (1) of subsection (a) (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153, or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both. (b) The Attorney General may bring a civil action against any person violating this article part to enforce the penalties for the violation and may recover any or all of the following:
(1) A civil penalty of up to $100.00 per violation of this article part, or up to $100,000.00 for a pattern or practice of such violations; (2) Costs and reasonable attorneys fees; and (3) An order to enjoin the violation. (c) In the case of a violation of subparagraph (B) of paragraph (1) of subsection (a) (a)(1)(B) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following: (1) The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call; (2) Costs of handling customer inquiries or complaints with respect to amounts billed for such calls; (3) Costs and reasonable attorneys fees; and (4) An order to enjoin the violation. (d) An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following: (1)(A) Statutory damages of not more than $100.00 per violation of this article part, or up to $1 million for a pattern or practice of such violations; (2) Costs and reasonable attorneys fees; and (3) An order to enjoin the violation.
SECTION 8. Said article is further amended by striking in its entirety Code Section 16-9-156, relating to exceptions, and inserting in lieu thereof the following:
(a) For the purposes of this Code section, the term 'employer' includes a business entitys officers, directors, parent corporation, subsidiaries, affiliates, and other corporate entities under common ownership or control within a business enterprise. No

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employer may be held criminally or civilly liable under this article part as a result of any actions taken:
(1) With respect to computer equipment used by its employees, contractors, subcontractors, agents, leased employees, or other staff which the employer owns, leases, or otherwise makes available or allows to be connected to the employers network or other computer facilities; or (2) By employees, contractors, subcontractors, agents, leased employees, or other staff who misuse an employers computer equipment for an illegal purpose without the employers knowledge, consent, or approval. (b) No person shall be held criminally or civilly liable under this article part when its protected computers have been used by unauthorized users to violate this article part or other laws without such persons knowledge, consent, or approval. (c) A manufacturer or retailer of computer equipment shall not be liable under this Code section, criminally or civilly, to the extent that the manufacturer or retailer is providing third-party branded software that is installed on the computer equipment that the manufacturer or retailer is manufacturing or selling.
SECTION 9. Said article is further amended by striking in its entirety Code Section 16-9-157, relating to legislative findings and preemption, and inserting in lieu thereof the following:
16-9-157. The General Assembly finds that this article part is a matter of state-wide concern. This article part supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding spyware and notices to consumers from computer software providers regarding information collection.
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.
Senator Goggans of the 7th offered the following amendment:
Amend the Senate Science and Technology Committee substitute to SB 425 by striking the word "request" on line 8 of page 3 and inserting in lieu thereof "contact point checked per check".
By striking the word "division" on line 10 of page 3 and inserting in lieu thereof the following:
department. The department shall promulgate rules and regulations governing the implementation of this part.

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By striking line 26 of page 3 and inserting in lieu thereof the following: (d) Except as otherwise provided in subsection (h) of this Code section and in subsection (d) of Code Section 16-9-176, the consent to
On the adoption of the amendment, the yeas were 35, nays 0, and the Goggans amendment was adopted.
On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman E 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 E Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson
Jones Y 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 Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 425, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

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Senator Mitch Seabaugh District 28 421-D State Capitol Atlanta, GA 30334

Committees: Regulated Industries and Utilities Reapportionment and Redistricting Rules Appropriations Transportation The State Senate Atlanta, Georgia 30334

TO: Honorable Bob Ewing, Secretary of the Senate

FROM: Senator Mitch Seabaugh

RE:

SENATE JOURNAL

On Wednesday, February 8, 2006, I was excused from the Senate at the time of the Roll Call vote on SB 425 for the purpose of standing with the Governor, at his request, at his press conference regarding Eminent Domain.

Please let the Senate Journal record reflect that if I had been present, I would have voted yes on SB 425.

Thank you,

/s/ Mitch Seabaugh

Senator Hill of the 32nd introduced Tom Glavine and representatives of the Rally Foundation, commended by SR 803, adopted previously.

Senator Williams of the 19th moved that the Senate stand in recess until the Joint Session and then upon the dissolution of the Joint Session stand adjourned until 9:00 a.m. Thursday, February 9, 2006.

The President announced the motion prevailed at 11:21 a.m.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by Major General William G. Webster, Jr., was called to order by the Speaker of the House. SR 782 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.

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Major General William G. Webster, Jr., addressed the Joint Session of the Senate and the House of Representatives as follows:
It is a true honor and privilege to be able to address the Georgia General Assembly. Together we represent two of the oldest institutions in our nation. The United States Army formed in 1775, just two years prior to the formation of this distinguished body in 1777.
Our philosophy of command is represented by 3 words: Mission, Soldiers, and Teamwork. I believe we can accomplish virtually anything if we focus on the tasks at hand; on people and preparing them for what they have to do; and on building and sustaining a good team.
I often remind myself and our Soldiers that you can accomplish any task if you build a solid well synchronized team of good people.
I am proud to report to you today that the 3rd Infantry Division Team has completed all of its planned redeployment flights home. The division utilized 113 aircraft to return 24,000 soldiers to their families, friends and communities. Task Force Baghdad, centered on 3rd Infantry Division, was comprised of units from 29 States, 3 territories, and 3 foreign nations.
At one point in time we had three types of Georgian Soldiers serving with us. The Soldiers of the Marne Division home stationed in Georgia, The citizen Soldiers of Georgia's 48th Brigade Combat Team, and a battalion of Soldiers from the Nation of Georgia. Regardless of where these Soldiers came from they were terrific and their performance in a difficult combat environment has honored their respective nations and states during our 13 month mission in Iraq.
When I first met the Commander of the 113th BN from the European nation of Georgia, I knew he had been studying our Division and our American culture, so I decided to break the ice by asking, "How 'bout them dawgs?" He tilted his head and gave me a quizzical look, so I explained the Georgia Bulldogs zealous fan base. He only gave me another quizzical look. I then decided we had more important things to do than to get them to wear the red and black. So we moved on.
On behalf of these Soldiers we would like to share with you a short video from our mission in Iraq to give you a flavor for all we accomplished.
This video presentation ended with the picture of SFC Paul R. Smith our tremendous leader who was killed in action and recently awarded the Congressional Medal of Honor Posthumously for his actions in combat in Iraq.

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We hope you enjoyed the video and seeing our terrific Soldiers in action. Special thanks to Mr. Toby Keith for allowing us to use his song for internal non-profit purposes.
Our mission was to conduct operations in and around Baghdad. Task Force Baghdad was responsible for fighting the counter-insurgency by killing and capturing terrorists; training the Iraqi Security Forces; and supporting Iraqi government and economic development.
During our tour of combat in Iraq the 3rd Infantry Division led Task Force Baghdad, consisting of around 30,000 soldiers from all over the United States and the three European nations of Georgia, Macedonia and Estonia. All together, we commanded about 55,000 coalition soldiers and 17,000 Iraqi soldiers over the year.
The Iraqi security forces in Baghdad during our period of control increased tenfold. They are now in charge of 60 percent of the city, with support from us. When we arrived, there was one Iraqi army battalion, and now there are 22 in Baghdad, with 13 of them in charge of their own areas of operations. And now there's an Iraqi division, the 6th Division of the Iraqi army, with 6 Brigades.
Three Elections were held during our tour -- two of them were conducted in nearcomplete security in Baghdad, and people felt secure enough to vote in large numbers, with estimates of 60 percent or better going to the polls. The Iraqi security forces, supported by the coalition, provided that security. New polling stations were open in places never seen in previous elections. Nearly half a million more citizens voted in December than did last January.
From 27 FEB 05 to 07 JAN 06, in combined operations with the Iraqis, we conducted 8 different major combat operations, including over 8,000 combat missions, and more than 170,000 patrols resulting in over 5,000 insurgent detainees. The pace of our operations, while intense, disrupted the enemy and reduced car bombs by half. We found nearly half of the roadside bombs, the IEDs, that the enemy emplaced, and we had a 92 percent increase in weapons caches found. This put a big dent in the ability of the insurgents to conduct operations.
We supported the simultaneous development of political institutions and the Iraqi security forces with a goal of transitioning full responsibility for security to the Iraqis.

We also promoted the development of essential services and economic development. In a Baghdad survey and people believe that their lives will be significantly better in the next 12 months, and they also believe that their own Iraqi security forces, the police and the army, will be able to secure them in the next 12 months.

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Iraqis are being hired in numbers that exceed prewar levels. Baghdad citizens think they are better off economically than they were before the war. The city of Baghdad is expanding, and large numbers of houses are being built on the edges of the city in nearly every direction and adding on to homes that already exist. That says that there is money available in Baghdad, and there is also hope for the future. Essential services have been improved significantly. Fresh water, sewer services and electricity are now available to more homes than ever before, especially in the Shiite slums.
Your Soldiers conducted their operations in a very complex combat environment, and made great progress. Our greatest quality is our people and their ability to adapt to the situation so we can be successful. Conditions are being set to allow the Iraqis to run and secure their own country. The people of Georgia helped us greatly in this fight by supporting our greatest asset . . . . . . . our Soldiers.
The Soldiers who make up the units stationed at Fort Stewart and Hunter Army Airfield are always deployed on missions around the world as needed by our nation. It is a very rare period when no unit is deployed away from one of our installations.
Even today as the 3rd Infantry has returned home we have 350 Fort Stewart Soldiers still deployed in Iraq and Afghanistan, and the 48th Brigade remains in Iraq.
The Marne Division will soon be back in a training cycle. We will reset our equipment and integrate new personnel. Once we complete training we will be ready for world wide deployment if required. This is what your Soldiers do.
The soldiers with me here today are great representatives of the men and women who serve you every day. They contribute not only to our nation's defense, but to their local communities and many are proud to call Georgia's communities their home.
Command Sergeant Major William Grant is with me today. Born in South Carolina, CSM Grant's hometown is now Columbus Georgia, where his wife is from.
SGT Robert Lockett is from Tifton, Georgia. He was a gunner in an up-armored Hummve.
SGT Michael McIntosh was part of a security squad and trained Iraqi policemen. SGT McIntosh is from Warner-Robbins.

The 3rd Infantry Division has a great teammate in our installation's staffs at Fort Stewart and Hunter Army Airfield. The Georgia citizens who make up our staffs provide outstanding support to our Soldiers and families. Their exemplary support resulted in Fort

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Stewart winning the President's Award as the best installation in all of the Department of Defense for both 2004 and 2005.
While we were gone Georgia gained more than 4,000 Army positions and several key bases had additional capacity added to them.
The 3rd Infantry Division and other Army units number over 27,000 Soldiers in the state of Georgia stationed at Fort Benning, Fort Stewart and Hunter Army Airfield.
Over 38,000 family members live, work and go to schools in the communities near our installations.
In the South Eastern part of the state Fort Stewart and Hunter Army Airfield provide jobs to 3,600 civilian employees. Our two installations also support over 47,000 retirees and their family members.
The combined military and civilian payroll brought into the local areas near Fort Stewart and Hunter Army Airfield is over $985 million.
We have contracts with 1,165 contractors with a contract value worth over $176 million.
Our Army is the largest industry in the Savannah Region with an economic impact of over $3.9 billion other than the Georgia Ports Authority.
Our families bring talented professional and volunteers. We like to put down roots when we can and enjoy the opportunity to make a great place home. Georgia is one of those Great places where Soldiers can contribute to our local communities and be at home.
The facilities at Fort Stewart, Hunter Army Airfield, make our installations unique assets in support of the nation's goals and requirements.
Fort Stewart is the most effective training base east of the Mississippi. We have over 284,000 acres of training area. We work very hard to protect our environment and have won recent Army & DOD awards for this program. Fort Stewart is recognized for protection of endangered species and for restoration of our wetlands.
Hunter Army Airfield has the longest runway east of the Mississippi. It has more ramp space to park aircraft than any other military airfield in the East.

If we have to move somewhere quickly with all of our equipment the Port of Savannah can load seven military fast sealift ships simultaneously.

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Recent funding for construction projects in at Fort Stewart and Hunter Army Airfield brought over $332 million in projects to our installations in the last five years. This amount increases over the next five years to over $381 million. Our Georgia delegation in Congress has been instrumental in modernizing our strategic bases.
We have also started work on a Joint-Use project to share our smaller Airfield with Liberty County and the City of Hinesville for the improvement of commerce in the area. Our community team in Hinesville and Liberty County is strong.
The People of Georgia, the Governor and The Georgia General Assembly have always been strong supporters of our Army and our Armed Forces.
I would like to thank all of the General Assembly members from the many districts that we interface with over the course of a year, but today I would like to especially thank Senator Eric Johnson and Representative Al Williams for coordinating today's opportunity for me to report to you on the 3rd Infantry Division and our mission.
We know that Georgia and the local communities in which we live are behind us -- that support is never doubted. Our soldiers will continue to accomplish amazing things when they feel like they are part of a good team, when they trust their leaders, and when they feel like they are doing something noble and appreciated.
Your acts, from Christmas Greetings to Georgia Service members on official websites, to Governor Perdue's call at Christmas, to farewells & welcome home ceremonies for deploying troops, all contribute to the service members awareness that you care and support them.
Our Members of the General Assembly have also taken measures to show your support by way of legislative acts that clearly say Georgia supports us.
Your work here continues to benefit our service members and their families. Enactment of anti-encroachment restrictions near military bases, the elimination of predatory lenders in base communities, road and highway improvements, in-state tuition for military dependants, unemployment insurance benefits for military spouses who must leave their jobs due to a deployment, and automatic extensions of licenses to actively deployed military personnel all have help support our Soldiers.
These are only some of the many measures you have passed to help our troops and families.
Other recent legislative acts including: The Military Spouses Benefits Bill (HB 404); The Georgia Military Support Act of 2005 (SB 258); And the Life Insurance Tax Credits Bill (HB 538) are sincerely appreciated.

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We thank you.
3rd Infantry Division is fortunate to have as our Community Team mates the citizens and leaders of the City of Hinesville and Savannah and our surrounding area.
I would like to take a moment and recognize the Mayor of Hinesville Tom Ratcliff. Mayor Ratcliff represents not only a great Georgia city, but is a great team leader in our greater regional community team. Tom is a true supporter of our Soldiers, their families and our mission. He and other leaders like him and Savannah mayor Otis Johnson, in our surrounding communities, make Georgia a great place to live for our Soldiers.
Georgia's founding fathers clearly understood the significance of what has today become some of the undisputed critical military and economic resources of our nation and Georgia. We are proud to serve you and live here in Georgia.
In closing, your Soldiers from Fort Stewart, Hunter Army Airfield and Fort Benning are back after successful accomplishment of our mission. Our brothers and sisters in Georgia's 48th Brigade will return later this year.
The Soldiers from the Georgia National Guard, those stationed in Georgia, or others who were task organized to the division for combat will always be regarded and honored as Marne Soldiers, a part of the 3rd Infantry Division.
We accomplished the mission. With your help and support, we took care of our soldiers and families. Together with you and the people of Georgia, we have built and sustained a great team. We can achieve anything.
It is comforting to know that when called on to serve our nation that our same sense of unit cohesion and camaraderie is extended from the people of the state in which we make our homes.
You in the Georgia General Assembly have shown that it doesn't matter if we are native Georgians or from other parts of the country. You understand that we are here with you. It is good to know that we are considered your own!
Thank you again for the honor of speaking to you today.
May Georgia have a prosperous and successful 2006.
ROCK OF THE MARNE!
Senator Williams of the 19th moved that the Joint Session be hereby dissolved.

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The motion prevailed, and the Speaker of the House announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:00 a.m. Thursday, February 9, 2006.

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Senate Chamber, Atlanta, Georgia Thursday, February 9, 2006 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.
Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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

HB 954.

By Representatives Geisinger of the 48th, Chambers of the 81st, Lindsey of the 54th, Millar of the 79th, Franklin of the 43rd and others:

A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to delete a prohibition against the sale or exchange of tokens, transfers, transaction cards, or tickets without consent; to repeal conflicting laws; and for other purposes.

HB 1019. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Hanner of the 148th, Chambers of the 81st and others:

A BILL to be entitled an Act to create and establish the "Taser Certification Act"; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require certified training for law enforcement officers for the official use of tasers, stun guns, or other similar devices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1107.

By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Smith of the 70th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified donations of real property for conservation purposes; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner and the Department of Natural Resources with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:
SB 525. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 526. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions concerning the General Assembly, so as to require the creation of an Internet website on which the public can determine how members of the General Assembly voted on bills and resolutions; to provide for the content and capabilities of such website; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
SB 527. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that neither the filing of a notice of appeal nor the filing of an appeal of

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a temporary protective order under Article 1 of Chapter 13 of Title 19 shall act as a stay or supersedeas of such order; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 528. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief in family violence cases by the superior courts, so as to provide that neither the filing of a notice of appeal nor the filing of an appeal of a temporary protective order shall act as a stay or supersedeas of such order; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 530. By Senators Weber of the 40th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, so as to change certain provisions relating to such liens, the conditions under which they attach, the property to which they attach, and the value for which they are created; to provide for other

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related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SR 817. By Senators Shafer of the 48th, Cagle of the 49th, Rogers of the 21st, Schaefer of the 50th, Pearson of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution so as to restrict amendments that increase appropriations made by the general appropriations Act; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.
SR 818. By Senators Bulloch of the 11th, Tolleson of the 20th, Hooks of the 14th, Weber of the 40th, Whitehead, Sr. of the 24th and others:
A RESOLUTION creating the Senate Septage Disposal Study Committee; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
The following House legislation was read the first time and referred to committee:
HB 954. By Representatives Geisinger of the 48th, Chambers of the 81st, Lindsey of the 54th, Millar of the 79th, Franklin of the 43rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to delete a prohibition against the sale or exchange of

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323

tokens, transfers, transaction cards, or tickets without consent; to repeal conflicting laws; and for other purposes.

Referred to the Transportation Committee.

HB 1019. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Hanner of the 148th, Chambers of the 81st and others:

A BILL to be entitled an Act to create and establish the "Taser Certification Act"; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require certified training for law enforcement officers for the official use of tasers, stun guns, or other similar devices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

HB 1107. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Smith of the 70th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified donations of real property for conservation purposes; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner and the Department of Natural Resources with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Finance Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 81 Do Pass HB 173 Do Pass by substitute

HB 1042 Do Pass HB 1080 Do Pass

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

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Mr. President:

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

SR 435 SR 785 SR 789

Do Pass Do Pass Do Pass

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

Mr. President:

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

HB 425 Do Pass by substitute SB 248 Do Pass

SB 384 Do Pass SB 385 Do Pass by substitute

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

Mr. President:

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

HB 1052 Do Pass SB 64 Do Pass by substitute

SB 370 Do Pass SB 520 Do Pass as amended

Respectfully submitted, Senator Kemp of the 46th District, Chairman

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Mr. President:
The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 469 Do Pass by substitute
Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman
Mr. President:
The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 784 Do Pass HB 1210 Do Pass
Respectfully submitted, Senator Wiles of the 37th District, Chairman
Senator Seabaugh of the 28th asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson 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 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 Hooks of the 14th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused.
Senator Smith of the 52nd asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
Senator Smith of the 52nd asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.
Senator Cagle of the 49th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.

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Senator Cagle of the 49th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.
Senator Cagle of the 49th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.
Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.
The roll was called and the following Senators answered to their names:

Adelman Brown Bulloch Cagle Carter Chance Chapman Douglas Goggans Golden Hamrick Harp Heath Hill,Jack

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

Seay Smith Starr Staton Stoner Tarver Thomas,D Thomas,R Thompson,C Thompson,S Unterman Whitehead Wiles

Not answering were Senators:

Balfour (Excused) Grant (Excused) Pearson (Excused) Shafer, D (Excused) Tolleson (Excused) Zamarripa

Butler (Excused) Harbison (Excused) Reed (Excused) Stephens (Excused) Weber (Excused)

Fort Henson Schaefer Tate Williams

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

Senators:

Fort

Tate

Williams

The members pledged allegiance to the flag.

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327

Senator Golden of the 8th introduced the chaplain of the day, Reverend Craig Rikard of Valdosta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 815. By Senator Williams of the 19th:
A RESOLUTION commending Mr. H.F. Johnson, 2006 Appling Citizen of the year.
SR 816. By Senators Tolleson of the 20th, Bulloch of the 11th, Hudgens of the 47th and Harp of the 29th:
A RESOLUTION recognizing February 15, 2006, as "Forestry Day at the Capitol"; and for other purposes.
SR 819. By Senator Golden of the 8th:
A RESOLUTION commending the Lowndes High School Viking football team on winning the 2005 AAAAA State Championship; and for other purposes.
SR 820. By Senator Golden of the 8th:
A RESOLUTION commending the Lowndes High School Georgia Bridgemen Band; and for other purposes.
SR 821. By Senators Johnson of the 1st, Williams of the 19th, Brown of the 26th, Seabaugh of the 28th, Moody of the 56th and others:
A RESOLUTION mourning the passing of Frank Eldridge, Jr., and honoring his life and memory; and for other purposes.
SR 822. By Senators Johnson of the 1st, Williams of the 19th, Brown of the 26th, Seabaugh of the 28th, Moody of the 56th and others:
A RESOLUTION expressing regret at the passing of former State Senator Rene Kemp; and for other purposes.
SR 824. By Senator Weber of the 40th:
A RESOLUTION commending school counselors and recognizing National School Counseling Week; and for other purposes.

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

SENATE LOCAL CONSENT CALENDAR

Thursday, February 9, 2006 Sixteenth Legislative Day

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

HB 784

Rogers of the 21st Stephens of the 27th CHEROKEE COUNTY

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.

HB 1210

Kemp of the 46th CLARKE COUNTY

A BILL to be entitled an Act to amend an Act entitled "An Act to provide for members of the board of the hospital authority of Clarke County," approved April 6, 1982 (Ga. L. 1982, p. 3705), so as to provide for staggered six-year terms for the members of such authority board; to provide for current membership; to provide for nominations for appointments; to repeal conflicting laws; and for other purposes.

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

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

Adelman E Balfour Y Brown Y Bulloch E Butler
Cagle Y Carter

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

Y Smith Y Starr Y Staton E Stephens Y Stoner Y Tarver Y Tate

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

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

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

On the passage of the local legislation, the yeas were 38, nays 0.

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

SENATE RULES CALENDAR THURSDAY, FEBRUARY 9, 2006 SIXTEENTH LEGISLATIVE DAY

SB 465

General Provisions, O.C.G.A.; correct errors/omissions; reenact the statutory portion; provide necessary revisions/modernizations (S JUDY-12th)

SB 466

General Provisions, O.C.G.A; correct errors/omissions in Title 47 (S JUDY-12th)

SB 467

General Provisions, O.C.G.A; correct errors/omissions in Title 21 (S JUDY-12th)

HR 1041 J.T. Williams Honorary Bridge; designate (TRANS-44th) Davis-109th

HB 713

Ronald Reagan Day in Georgia; designate February 6 annually (RULES-17th) Franklin-43rd

SB 450

Ad Valorem Taxation of Property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries (Substitute)(Amendment)(SLGO(G)-46th)

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Respectfully submitted,

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

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

SB 465. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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331

E Harbison Y Harp Y Heath
Henson

Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Wiles Y Williams
Zamarripa

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

SB 465, having received the requisite constitutional majority, was passed.

Senator Reed of the 35th asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

SB 466. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts

Russell W. Hinton State Auditor (404) 656-2174

270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400

January 24, 2006

The Honorable David Adelman State Senator Paul D. Coverdell Office Building, Room 303-A Atlanta, Georgia 30334

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SUBJECT: State Auditor's Certification Senate Bill 466 (LC 25 4194)

Dear Senator Adelman:

This bill would correct typographical, stylistic, spelling, capitalization, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated. This bill would make such corrections in the chapters affecting the Employees' Retirement System, the Teachers Retirement System, and the Legislative Retirement System.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Respectfully,

/s/ Russell W. Hinton State Auditor

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

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

Adelman Y Balfour Y Brown Y Bulloch E Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath
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
Schaefer Y Seabaugh Y Seay E Shafer,D

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

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On the passage of the bill, the yeas were 46, nays 0.
SB 466, having received the requisite constitutional majority, was passed.
Senator Golden of the 8th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

SB 467. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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Y Harp Y Heath
Henson

Y Seabaugh Y Seay E Shafer,D

Y Williams E Zamarripa

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

SB 467, having received the requisite constitutional majority, was passed.

The President announced the next order of business was the election of the Secretary of the Senate.

Senator Johnson of the 1st nominated the Honorable Robert F. Ewing as Secretary of the Senate.

Senator Johnson of the 1st addressed the Senate as follows:

It is a bittersweet task to stand before you to make this nomination today, but just as former Secretary Eldridge pushed this body to move forward we must continue with the business of the Senate and move forward together.

With that said, it is my pleasure to nominate a true civil servant and a true servant to the people of Georgia. Originally hailing from New England, Bob has been a DeKalb County resident for over 27 years. Of those 27 years he has worked every single one here for the Georgia State Senate. That makes him second in seniority only to the Dean of the Senate, the Senator from the 44th. A true American success story, he began as an intern for the Secretary of the Senate's Office and through hard work and dedication has earned the honor to serve this body as our Secretary of the Senate.

Bob has served the Senate under Governors Busbee, Harris, Miller, Barnes and Perdue, worked side by side with Lt. Governors Miller, Howard and Taylor, and was mentored by former Secretaries of the Senate Hamilton McWhorter, Jr., and the late Frank Eldridge, Jr.

During Bob's years in the Senate his mark has been firmly imprinted on many of the things we take for granted. He is responsible for transitioning the Senate from a Mainframe computer to PC based processing, for creating template generated "bill backs", for modernizing the production of the Senate Journal on computer, for developing the layout and design of our Senate voting system, and for initiating the archiving of all Senate legislation and votes on the Internet. Along with many other innovations, Bob has helped make the General Assembly become one of the most efficient branches of our state government.

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335

As Assistant Secretary, Bob helped make all of our lives a bit easier - advising on parliamentary questions and overseeing the flow of legislation between the houses. His knowledge and commitment to the Senate's rules and traditions are unparalleled and his dedication to the Senate is unmatched.
Bob is an avid outdoorsman and dedicated father. He loves camping, hiking, fishing and gardening, but above all, his greatest loves are his two children, daughter Jess and son Ben.
It is my pleasure to place in nomination as Secretary of the Senate, Robert F. Ewing of DeKalb County.
Senator Starr of the 44th seconded the nomination.
Senator Williams of the 19th asked unanimous consent that the nominations be closed and that the Assistant to the Secretary be instructed to cast the vote of the entire body for the Honorable Robert F. Ewing.
The consent was granted, and the Honorable Robert F. Ewing was declared duly elected Secretary of the Senate.
The President administered the following oath of office to Robert. F. Ewing, Secretary of the Senate:
"I do hereby solemnly swear or affirm that I will discharge my duties faithfully and to the best of my skill and knowledge. So help me God."
Robert F. Ewing addressed the Senate extemporaneously.
The Calendar was resumed.
HR 1041. By Representatives Davis of the 109th, Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Yates of the 73rd and others:
A RESOLUTION honoring the accomplishments of J. T. Williams and dedicating the J. T. Williams Honorary Bridge; and for other purposes.
Senate Sponsor: Senator Starr of the 44th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

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

Y Hill,Jack Y Hill,Judson Y Hooks
Hudgens Y Johnson
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 E Shafer,D

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

On the adoption of the resolution, the yeas were 45, nays 0.

HR 1041, having received the requisite constitutional majority, was adopted.

Senator Carter of the 13th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

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.

HB 713. By Representatives Franklin of the 43rd, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observations, so as to declare Ronald Reagan Day in Georgia; to make certain legislative observations; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Douglas of the 17th.

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337

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

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

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

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

HB 713, having received the requisite constitutional majority, was passed.

Senator Bulloch of the 11th recognized representatives from the Georgia Farm Bureau, commended by SR 813, adopted previously.

The Calendar was resumed.

SB 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and

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officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 450:
A BILL TO BE ENTITLED AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally; Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for the recalculation of minimum salaries in any year in which the Department of Community Affairs publishes a census estimate for the county that is higher than the preceding decennial census; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-88, relating to minimum annual salary schedule for clerks of superior court, and inserting in lieu thereof a new Code Section 15-6-88 to read as follows:
15-6-88. (a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county that is higher than the immediately preceding decennial census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive

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an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 26,433.73 29,832.20

6,000 - 11,889

36,300.86 40,967.92

11,890 - 19,999

41,121.55 46,408.38

20,000 - 28,999

44,057.42 49,721.70

29,000 - 38,999

46,993.29 53,035.03

39,000 - 49,999

49,932.80 56,352.46

50,000 - 74,999

52,871.09 63,164.60

75,000 - 99,999

54,338.42 67,800.09

100,000 - 149,999

55,806.96 72,434.13

150,000 - 199,999

57,275.49 77,344.56

200,000 - 249,999

58,744.04 84,458.82

250,000 - 299,999

81,238.19 91,682.66

300,000 - 399,999

89,678.05 101,207.60

400,000 - 499,999

93,319.06 105,316.72

500,000 or more

96,960.07 109,425.84

(b) On and after July 1, 2001 2006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum

salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in

subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of

said amounts through the application of longevity increases pursuant to subsection (a)

of Code Section 15-6-90, where applicable shall be increased by the same percentage or

same amount applicable to such state employees. If the cost-of-living increase or

general performance based increase received by state employees is in different

percentages or different amounts as to certain categories of employees, the amounts

fixed in the minimum salary schedule in subsection (a) of this Code section, in Code

Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts

derived through the application of longevity increases, shall be increased by a

percentage or an amount not to exceed the average percentage or average amount of the

general increase in salary granted to the state employees. The Office of Planning and

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Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section. (d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time; but no clerks compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerks salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk.
SECTION 2. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for certain services for clerks of superior court, and inserting in lieu thereof a new Code Section 15-6-89 to read as follows:
15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section 15-12-1 shall receive for his or her services in such other court a salary of not less than $286.73 323.59 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court.
SECTION 3. Said title is further amended by striking Code Section 15-9-63, relating to schedule of

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minimum salaries of judges of the probate court, and inserting in lieu thereof a new Code Section 15-9-63 to read as follows:
15-9-63.
(a)(1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county that is higher than the immediately preceding decennial census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 24,893.57 29,832.20

6,000 - 11,889

32,869.82 40,967.92

11,890 - 19,999

36,512.04 46,408.38

20,000 - 28,999

40,336.31 49,721.70

29,000 - 38,999

44,625.42 53,035.03

39,000 - 49,999

47,069.75 56,352.46

50,000 - 74,999

50,654.92 63,164.60

75,000 - 99,999

55,796.04 67,800.09

100,000 - 149,999

60,938.35 72,434.13

150,000 - 199,999

67,887.82 77,344.56

200,000 - 249,999

74,837.29 84,458.82

250,000 - 299,999

78,202.80 91,682.66

300,000 - 399,999

81,569.52 101,207.60

400,000 - 499,999

82,210.53 105,316.72

500,000 or more

88,851.53 109,425.84

(2) On and after July 1, 2001 2006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-

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9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judges compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judges salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge. (b) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government.
SECTION 4. Said title is further amended by striking subsections (a) and (b) of Code Section 15-963.1, relating to compensation of probate judges for services as magistrate or chief magistrate, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) Beginning January 1, 2002, in any county in which the probate judge serves as

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chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $10,316.20 11,642.54; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after July 1, 2001 2006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
SECTION 5. Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of probate judges, and inserting in lieu thereof a new Code Section 15-9-64 to read as follows:
15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $286.73 323.59 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $358.34 404.41 per month.
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries for sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows:
(a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of

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each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county that is higher than the immediately preceding decennial census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriffs county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 37,256.02 42,045.88

6,000 - 11,889

41,573.04 46,917.92

11,890 - 19,999

47,742.11 53,880.12

20,000 - 28,999

52,570.10 59,328.83

29,000 - 38,999

57,396.87 64,776.16

39,000 - 49,999

62,227.28 70,227.59

50,000 - 74,999

67,054.03 75,674.90

75,000 - 99,999

69,333.30 78,247.21

100,000 - 149,999

71,612.57 80,819.51

150,000 - 199,999

74,161.29 83,695.91

200,000 - 249,999

76,710.00 86,572.30

250,000 - 299,999

83,964.09 94,759.02

300,000 - 399,999

93,766.90 105,822.14

400,000 - 499,999

97,407.90 109,931.24

500,000 or more

101,048.91 114,040.36

(2) On and after July 1, 2001 2006, whenever the employees in the classified service

of the state merit system receive a cost-of-living increase or general performance

based increase of a certain percentage or a certain amount, the amounts fixed in the

minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-

16-20.1, or the amounts derived by increasing each of said amounts through the

application of longevity increases pursuant to subsection (b) of this Code section,

where applicable, shall be increased by the same percentage or same amount

applicable to such state employees. If the cost-of-living increase or general

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345

performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 1516-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriffs compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff.
SECTION 7. Said title is further amended by striking Code Section 15-16-20.1, relating to additional salary for sheriffs, and inserting in lieu thereof a new Code Section 15-16-20.1 to read as follows:
15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorders court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $286.73 323.59 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary.
SECTION 8. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking subsection (c) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and appointment of county officer or

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employee as chief deputy registrar, and inserting in lieu thereof a new subsection (c) to read as follows:
(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $259.88 293.29 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of States office, where such information shall be maintained on file.
SECTION 9. Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, is amended by adding a new Code Section 36-5-29 to read as follows:
36-5-29. Compensation to which a member of a county governing authority is entitled under general or local law, including amounts provided for in Code Sections 36-5-27 and 365-28 shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed, four-year terms of office served by such member of a county governing authority where such terms have been completed after December 31, 2004, effective the first day of January following the completion of each such period of service.
SECTION 10. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in lieu thereof a new subsection (g) to read as follows:
(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $309.93 349.78 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds.
SECTION 11. Said chapter is further amended by striking subsection (b) of Code Section 48-5-183,

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relating to salaries of tax collectors and tax commissioners, and inserting in lieu thereof a new subsection (b) to read as follows:
(b)(1) Any other law to the contrary notwithstanding, except for the provisions of
paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county that is higher than the immediately preceding decennial census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 26,336.77 29,832.20

6,000 - 11,889

32,909.17 40,967.92

11,890 - 19,999

37,100.42 46,408.38

20,000 - 28,999

39,509.07 49,721.70

29,000 - 38,999

42,795.28 53,035.03

39,000 - 49,999

47,723.93 56,352.46

50,000 - 74,999

55,968.90 63,164.60

75,000 - 99,999

60,076.32 67,800.09

100,000 - 149,999

64,182.45 72,434.13

150,000 - 199,999

68,533.49 77,344.56

200,000 - 249,999

72,884.53 84,458.82

250,000 - 299,999

78,602.96 91,682.66

300,000 - 399,999

84,321.40 101,207.60

400,000 - 499,999

88,250.70 105,316.72

500,000 or more

92,179.99 109,425.84

(2) On and after July 1, 2001 2006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-

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2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 212-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioners compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the tax commissioners salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner.
SECTION 12. It is the intent of the General Assembly that, for those county officials whose minimum salaries are increased by operation of law when the General Assembly authorizes a costof-living increase or general performance based increase for the employees in the classified service of the state merit system, any such increase authorized by the General Assembly in the Fiscal Year 2007 Appropriations Act shall be in addition to the minimum salaries of such officials that become effective on January 1, 2007, under the provisions of this Act.

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SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
Senators Thompson of the 33rd and Stoner of the 6th offered the following amendment:
Amend the committee substitute to SB 450 by adding on page 3 line 22 following the word `clerk." a new sentence to read as follows: Each judicial circuit utilizing persons serving as bailiffs shall provide an annual cost of living adjustment based on the calculation known as `The Consumer Price Index'.
Senator Thompson of the 33rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 40, nays 1, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

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

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On the passage of the bill, the yeas were 50, nays 0.
SB 450, having received the requisite constitutional majority, was passed by substitute.
Senator Hill of the 32nd recognized the Team Georgia All Star Lacrosse Team, commended by SR 715, adopted previously.
Serving as the doctor of the day was, Dr. Steven Muller.
Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 806 until 1:30 p.m. Monday, February 13, 2006; the motion prevailed, and at 10:39 a.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 13, 2006 Seventeenth Legislative Day

The Senate met pursuant to adjournment at 1:30 p.m. today and was called to order by the President.

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 644.

By Representatives Coleman of the 97th, McCall of the 30th, Bridges of the 10th and Cummings of the 16th:

A BILL to be entitled an Act to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 984.

By Representatives Coan of the 101st, Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Coleman of the 97th and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1066. By Representatives Manning of the 32nd, Ehrhart of the 36th, O`Neal of the 146th, Cooper of the 41st, Brown of the 69th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1067. By Representatives Forster of the 3rd, Davis of the 109th, Manning of the 32nd and Fludd of the 66th:
A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State GovernmentsClairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.

HB 1137. By Representatives Geisinger of the 48th, Jones of the 46th, Rice of the 51st and Burkhalter of the 50th:
A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 46, 48, 50, and 51; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has passed by the requisite constitutional majority the following Bill of the Senate:

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353

SB 470.

By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3872), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 531. By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd:

A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Insurance and Labor Committee.

SB 532. By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. so as to enhance the protection of facilities licensed by the United States Nuclear Regulatory Commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

SB 533. By Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th:

A BILL to be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

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SB 534. By Senators Bulloch of the 11th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 53-12-173 of the Official Code of Georgia Annotated, relating to compensation for services, so as to specify that when a trustees compensation is not specified in the trust instrument it shall be based on the compensation schedule of conservators; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 535. By Senators Hamrick of the 30th, Miles of the 43rd, Hudgens of the 47th, Bulloch of the 11th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to define terms; to require registration with the Governors Office of Consumer Affairs; to provide for notification of repossession of a motor vehicle; to provide for redemption of the motor vehicle; to provide for a commercially reasonable sale; to provide for a return of surplus from the sale to the pledgor; to require a mandatory principal payment in certain situations; to provide for additional disclosures on motor vehicle title pawn tickets; to provide procedures for military members and their spouses; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.
SB 536. By Senators Miles of the 43rd and Jones of the 10th:
A BILL to be entitled an Act to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide for the submission of data relating to an individuals employer for applicants and their dependents receiving health care benefits under the state Medicaid program, PeachCare for Kids Program, or any other state funded or administered health care program; to provide that the Department of Community Health submit an annual report to the General Assembly regarding the data relating to the employers; to provide that the report shall be available to any member of the public upon request; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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355

SB 537. By Senators Adelman of the 42nd, Brown of the 26th, Golden of the 8th, Stoner of the 6th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to provide for certain prohibitions with regard to cloning and sale of tissues; to provide for penalties; to provide for informed consent for donations; to create an umbilical cord and placental tissue bank; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for certain employee protections; to provide for a review board and the membership, appointment, terms of office, and duties of such review board; to provide for certain funding mechanisms; to provide for related matters; to amend Article 3 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 538. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 539. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Operation Enduring Freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SR 838. By Senator Schaefer of the 50th:
A RESOLUTION to urge and support the full funding of state and local efforts to clean up hazardous waste sites and properly address waste-related activities, and control erosion and sedimentation; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SR 839. By Senators Fort of the 39th, Tate of the 38th, Jones of the 10th and Reed of the 35th:
A RESOLUTION memorializing the 1906 Atlanta Race Riot and recognizing September 22-25, 2006, as "Days of Remembrance"; and for other purposes.
Referred to the Rules Committee.
SR 844. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION recognizing May 1st through 7th as "Bluegrass Music Week in Georgia"; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 644. By Representatives Coleman of the 97th, McCall of the 30th, Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 984. By Representatives Coan of the 101st, Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so

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as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
HB 1066. By Representatives Manning of the 32nd, Ehrhart of the 36th, O`Neal of the 146th, Cooper of the 41st, Brown of the 69th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 1067. By Representatives Forster of the 3rd, Davis of the 109th, Manning of the 32nd and Fludd of the 66th:
A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.
Referred to the Interstate Cooperation Committee.
HB 1137. By Representatives Geisinger of the 48th, Jones of the 46th, Rice of the 51st and Burkhalter of the 50th:
A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 46, 48, 50, and 51; to provide for the

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election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.

The following committee reports were read by the Secretary:
Mr. President:
The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1026 Do Pass by substitute
Respectfully submitted, Senator Hill of the 4th 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:
SR 700 Do Pass
Respectfully submitted, Senator Smith of the 52nd District, Chairman
Mr. President:
The Retirement Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 244 Do Pass by substitute SB 427 Do Pass by substitute
Respectfully submitted, Senator Heath of the 31st District, Chairman

MONDAY, FEBRUARY 13, 2006

359

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 1186 Do Pass HB 1201 Do Pass SB 500 Do Pass by substitute

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

The following legislation was read the second time:

HB 81 HB 173 HB 1042

HB 1052 HB 1080 SB 248

SB 370 SB 384

SB 385 SB 469

SB 520 SR 435

SR 785 SR 789

Senator Shafer of the 48th introduced the doctor of the day, Dr. Jennifer Burger.

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

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

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Fort Goggans

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

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

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Golden Grant Hamrick Harbison Harp Heath

Pearson Powell Rogers Schaefer Seabaugh Seay

Tolleson Unterman Weber Whitehead Wiles Williams

Not answering were Senators:

Douglas (Excused) Tarver (Excused)

Hill, Jack (Excused) Zamarripa

Reed

The members pledged allegiance to the flag.

Senator Meyer von Bremen of the 12th introduced the chaplain of the day, Dr. Donald M. Kea of Albany, Georgia, who offered scripture reading and prayer.

Senator Butler of the 55th introduced Xernona Clayton, commended by SR 656, adopted previously. Xernona Clayton addressed the Senate briefly.

Senator Meyer von Bremen of the 12th recognized representatives of the Georgia High School/High Tech Program, commended by SR 800, adopted previously.

Senator Zamarripa of the 36th introduced Ambassador of Mongolia, H. E. Ravdan Bold. Ambassador Bold addressed the Senate briefly. The President made a presentation to the Ambassador from the Senate.

The following resolution was read and adopted:

SR 842. By Senators Carter of the 13th and Kemp of the 46th:

A RESOLUTION recognizing Georgia 4-H, a unit of the Cooperative Extension Service of the University of Georgia in the College of Agricultural and Environmental Sciences and inviting Mr. Cody Thomas, Dr. Bo Ryles, Dr. Scott Angle, Dr. Mel Garber and the 2005-2006 4-H Leadership Team to appear before the Senate; and for other purposes.

Senator Carter of the 13th recognized representatives of Georgia 4-H, commended by SR 842.

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

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361

Mr. President:
The House has adopted by the requisite constitutional majority the following Resolution of the House:
HR 1344. By Representatives Keen of the 179th, Burkhalter of the 50th and Smith of the 129th:
A RESOLUTION relative to adjournment; and for other purposes.
The following resolutions were read and adopted:
SR 825. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION commending Phillip Shaw on becoming an Eagle Scout; and for other purposes.
SR 826. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending Dr. Jerry Snider, the 2007 Norris Elementary School Teacher of the Year; and for other purposes.
SR 827. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending Neal Tam, the 2007 Thomson Middle School Teacher of the Year; and for other purposes.
SR 828. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending Liz Evans, the 2007 Dearing Elementary School Teacher of the Year; and for other purposes.
SR 829. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending Jennifer Sandifer, the 2007 Maxwell Elementary School Teacher of the Year; and for other purposes.
SR 830. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending Ann Pereda, the 2007 Thomson High School Teacher of the Year; and for other purposes.

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SR 831. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending and recognizing the Lincoln County High School Red Devils football team for winning the 2005 Class A State Championship; and for other purposes.
SR 832. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending Dr. Jerry Snider, the 2007 McDuffie County Teacher of the Year; and for other purposes.
SR 833. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending Jennifer Eriksen, the 2007 Thomson Elementary Teacher of the Year; and for other purposes.
SR 834. By Senators Miles of the 43rd, Tate of the 38th, Jones of the 10th and Reed of the 35th:
A RESOLUTION commending Dr. Yvonne S. Butler; and for other purposes.
SR 835. By Senators Douglas of the 17th, Cagle of the 49th, Johnson of the 1st, Williams of the 19th, Hill of the 4th and others:
A RESOLUTION commending the Georgia National Guard, Company C, 1st Battalion, 121st Infantry Regiment, 48th Infantry Brigade; and for other purposes.
SR 836. By Senator Hill of the 32nd:
A RESOLUTION commending Michael Palmer; and for other purposes.
SR 837. By Senators Hill of the 32nd, Thompson of the 33rd and Rogers of the 21st:
A RESOLUTION recognizing and commending 2007 Georgia Teacher of the Year finalist for Cobb County Diana Lossner; and for other purposes.
SR 840. By Senator Chance of the 16th:
A RESOLUTION commending Jonathan Edward Davis on becoming an Eagle Scout; and for other purposes.

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363

SR 841. By Senator Chance of the 16th:
A RESOLUTION commending Mason Irvin on becoming an Eagle Scout; and for other purposes.
SR 843. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION remembering and honoring the life of Army Specialist Joseph Alan Lucas, Sr.; and for other purposes
SR 845. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION remembering and honoring the life of Mr. U. H. Pittman, Jr.; and for other purposes.
SR 846. By Senator Grant of the 25th:
A RESOLUTION commending Miss Blair Harshbarger and congratulating her on winning the 2006 Georgia Junior Miss Competition; and for other purposes.
Senator Stephens of the 27th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Transportation Committee:
HB 294. By Representatives Miller of the 106th, Benfield of the 85th, Day of the 163rd, Smith of the 129th and Mumford of the 95th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.
The consent was granted, and HB 294 was committed to the Senate Transportation Committee.

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

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SENATE LOCAL CONSENT CALENDAR

Monday, February 13, 2006 Seventeenth Legislative Day

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

HB 1186

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3609), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1201

Stoner of the 6th Hill of the 32nd Thompson of the 33rd Wiles of the 37th CITY OF MARIETTA

A BILL to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, so as to provide for compensation of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

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

Y Smith Y Starr Y Staton Y Stephens
Stoner

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Y Cagle 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 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 50, nays 0.

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

SENATE RULES CALENDAR MONDAY, FEBRUARY 13, 2006 SEVENTEENTH LEGISLATIVE DAY

SB 442 Child Abuse; reporting; change certain provisions (ED&Y-56th)

SB 441

Milk; milk products; standards and requirements; change certain provisions (AG&CA-11th)

SB 447

Georgia Agricultural Commodities Promotion Act; create Georgia Blueberry Commission; membership, appointment, election, terms (AG&CA-7th)

SB 381

State Flags; qualifying public safety officers killed in the line of duty; honor service (PF) (Amendment)(PS&HS-29th)

SB 453

Biodiesel Fuels; require use by certain vehicles operated by local school districts; local governments (Amendment)(TRANS-46th)

SB 400

Motor Vehicles; law enforcement agencies; use of properly equipped allterrain vehicles (PS&HS-20th)

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Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee
The following legislation was read the third time and put upon its passage:

SB 442. By Senators Moody of the 56th, Carter of the 13th, Meyer von Bremen of the 12th, Kemp of the 46th, Weber of the 40th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to change certain provisions relating to reporting of child abuse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 442, having received the requisite constitutional majority, was passed.

Senator Whitehead of the 24th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

SB 441. By Senators Bulloch of the 11th, Kemp of the 46th, Cagle of the 49th, Stephens of the 27th and Tolleson of the 20th:

A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.

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

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

On the passage of the bill, the yeas were 54, nays 0.

SB 441, having received the requisite constitutional majority, was passed.

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SB 447. By Senators Goggans of the 7th, Bulloch of the 11th, Kemp of the 46th, Pearson of the 51st, Henson of the 41st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the O.C.G.A., the "Georgia Agricultural Commodities Promotion Act," so as to create the Georgia Blueberry Commission; to define certain terms; to provide for membership, appointment, election, terms, and compensation; to provide for powers; to provide for organization; to provide for the receipt, collection, and disbursement of funds; to provide for liability; to provide for marketing orders; to provide for notice and hearing; to provide for publication of a certain report; to provide for the levying and collection of assessments; to provide for the maintenance of records; to provide for compliance; to provide for a penalty; to provide for applicability of the Georgia Administrative Procedure Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle E 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 N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

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

On the passage of the bill, the yeas were 53, nays 1.

SB 447, having received the requisite constitutional majority, was passed.

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369

Senator Kemp of the 46th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

SB 381. By Senators Harp of the 29th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The Senate Public Safety and Homeland Security Committee offered the following amendment:

Amend SB 381 by striking line 15 of page 1 and inserting in lieu thereof the following: the citizens of the State of Georgia. To carry out this purpose, the Secretary of State shall, if requested,

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

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

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

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

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

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

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

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

SB 381, having received the requisite constitutional majority, was passed as amended.

SB 453. By Senators Kemp of the 46th, Williams of the 19th, Goggans of the 7th, Zamarripa of the 36th and Smith of the 52nd:

A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to require the use of biodiesel fuels in certain vehicles operated by local school districts; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the use of biodiesel fuels in certain vehicles operated by local governments; to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, so as to require the use of biodiesel fuels in certain vehicles operated by state government; to repeal conflicting laws; and for other purposes.

The Senate Transportation Committee offered the following amendment:

Amend SB 453 by striking line 9 of page 1 and inserting in lieu thereof the following: government; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.

By redesignating Sections 1 through 4 as Sections 2 through 5, respectively, and inserting immediately after the enacting clause the following:

SECTION 1. The General Assembly finds and declares as follows:
(1) Georgia currently consumes nearly 6.5 billion gallons of gasoline and diesel fuel annually; (2) Gasoline and diesel production depends primarily on imported petroleum; (3) Using clean alternative fuels instead of fossil fuels can provide for a cleaner environment by reducing air and water contamination; (4) Specifically, use of clean renewable fuels such as biodiesel and ethanol can provide additional benefits for this state; (5) This state has the potential to create a biofuels industry that would serve as a model for the southern United States and attract additional industries;

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(6) Biofuels industry could add over $1 billion of economic activity to this state and increase the states income tax collection by over $10 million annually; (7) Nearly 500 direct and over 1,000 indirect jobs could be created by biofuels industry in this state; and (8) Creating a biofuels industry can add additional value to Georgias agricultural and forestry commodities, including biomass, and support land values in rural areas of this state.
By striking line 21 of page 1 and inserting in lieu thereof the following: shall be biodiesel fuel, to the extent that such fuel is compatible with the technology of the vehicles or equipment used and the cost of available biodiesel fuel at time of purchase does not exceed 105 percent of the cost of conventional fuel. This subsection shall apply to local school districts that receive
By striking line 11 of page 2 and inserting in lieu thereof the following: use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that such fuel is compatible with the technology of the vehicles or equipment used and the cost of available biodiesel fuel at time of purchase does not exceed 105 percent of the cost of conventional fuel.
By striking line 22 of page 2 and inserting in lieu thereof the following: for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that such fuel is compatible with the technology of the vehicles or equipment used and the cost of available biodiesel fuel at time of purchase does not exceed 105 percent of the cost of conventional fuel.
Senators Kemp of the 46th, Smith of the 52nd, Goggans of the 7th, Zamarripa of the 36th and Williams of the 19th offered the following amendment A:
Amend the Senate Transportation Committee amendment to SB 453 (AM 25 0861) by striking line 26 of page 1 through line 10 of page 2 and inserting in lieu thereof the following: By striking line 21 of page 1 and inserting in lieu thereof the following:
shall be biodiesel fuel, to the extent that such fuel is available and compatible with the technology of the vehicles or equipment used and the cost to the local school district of available blended biodiesel fuel at time of purchase does not exceed 105 percent of the cost to the local school district of unblended petroleum diesel fuel at such time. This subsection shall apply to local school districts that receive
By striking line 11 of page 2 and inserting in lieu thereof the following: use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that such fuel is available and compatible with the technology of the vehicles or equipment used and the cost to the local government of available blended biodiesel fuel at time of

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purchase does not exceed 105 percent of the cost to the local government of unblended petroleum diesel fuel at such time.

By striking line 22 of page 2 and inserting in lieu thereof the following: for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that such fuel is available and compatible with the technology of the vehicles or equipment used and the cost to the state government entity of available blended biodiesel fuel at time of purchase does not exceed 105 percent of the cost to the state government entity of unblended petroleum diesel fuel at such time.

On the adoption of the amendment, the yeas were 44, nays 0, and the Kemp et al. amendment A was adopted.

On the adoption of the amendment, the yeas were 45, nays 2, and the committee amendment was adopted as amended.

Senators Kemp of the 46th, Williams of the 19th, Goggans of the 7th, Zamarripa of the 36th, Shafer of the 48th and others offered the following amendment #1:

Amend SB 453 by striking line 19 of page 1 and inserting in lieu thereof the following: (b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased

By striking line 9 of page 2 and inserting in lieu thereof the following: (b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased

By striking line 20 of page 2 and inserting in lieu thereof the following: (b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased

On the adoption of the amendment, the yeas were 44, nays 2, and the Kemp et al. 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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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373

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

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

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

On the passage of the bill, the yeas were 52, nays 4.

SB 453, having received the requisite constitutional majority, was passed as amended.

SB 400. By Senators Tolleson of the 20th, Hill of the 4th, Adelman of the 42nd, Kemp of the 46th, Bulloch of the 11th and others:

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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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

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

Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

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

The following resolution was read and adopted:
HR 1344. By Representatives Keen of the 179th, Burkhalter of the 50th and Smith of the 129th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2006 regular session of the General Assembly for the period of February 14, 2006, through February 28, 2006, shall be as follows:
Tuesday, February 14.....................................in session for legislative day 18 Wednesday, February 15 ...............................in session for legislative day 19 Thursday, February 16 ...................................in session for legislative day 20 Friday, February 17........................................in adjournment Saturday, February 18 ....................................in adjournment Sunday, February 19 ......................................in adjournment Monday, February 20.....................................in adjournment Tuesday, February 21.....................................in session for legislative day 21 Wednesday, February 22 ...............................in session for legislative day 22 Thursday, February 23 ...................................in session for legislative day 23 Friday, February 24........................................in adjournment Saturday, February 25 ....................................in adjournment

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Sunday, February 26 ......................................in adjournment Monday, February 27.....................................in adjournment Tuesday, February 28.....................................in session for legislative day 24
BE IT FURTHER RESOLVED that on and after February 28, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.
Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 14, 2006.
The motion prevailed, and the President announced the Senate adjourned at 3:55 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 14, 2006 Eighteenth Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 400.

By Representatives Coleman of the 97th, Cummings of the 16th, Bridges of the 10th, Meadows of the 5th, Maddox of the 172nd and others:

A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 959.

By Representatives Maddox of the 172nd, Lindsey of the 54th, Fleming of the 117th, O`Neal of the 146th, Roberts of the 154th and others:

A BILL to be entitled an Act to amend Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to parking permits for persons with disabilities, so as to change certain provisions relating to permits for permanently disabled persons; to provide for permits issued to permanently disabled minors; to provide a short title; to repeal conflicting laws; and for other purposes.

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HB 1054. By Representatives Stephens of the 164th, Parham of the 141st, Parrish of the 156th, Graves of the 137th and Carter of the 159th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1096. By Representatives Crawford of the 127th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in Pike County in the Griffin Circuit; to repeal conflicting laws; and for other purposes.
HB 1106. By Representatives Graves of the 12th, Channell of the 116th, Loudermilk of the 14th, McCall of the 30th, May of the 111th and others:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to include the hauling of construction aggregates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1251. By Representatives Benton of the 31st, England of the 108th, Sheldon of the 105th and Mills of the 25th:
A BILL to be entitled an Act to create the Braselton Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the Town of Braselton, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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.

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HB 1264. By Representatives Heard of the 104th, Cox of the 102nd, Everson of the 106th, Marin of the 96th, Walker of the 107th and others:
A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3598), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1267. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Teilhet of the 40th 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 May 5, 2005 (Ga. L. 2005, p. 3607), so as to change the compensations 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.
HB 1269. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act creating the Miller County Recreation Authority, approved March 25, 1997 (Ga. L. 1997, p. 3533), so as to provide for the composition, qualifications, terms, and quorums of the authority; to repeal conflicting laws; and for other purposes.
HB 1270. By Representatives Yates of the 73rd and Knight of the 126th:
A BILL to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), an Act approved March 30, 1977 (Ga. L. 1977, p. 4238), an Act approved March 13, 1978 (Ga. L. 1978, p. 3196), an Act approved April 11, 1979 (Ga. L. 1979, p. 3452), an Act approved April 6, 1981 (Ga. L. 1981, p. 4129), an Act approved March 21, 1984 (Ga. L. 1984, p. 4534), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5545), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1271. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to create a board of elections and registration for Rabun County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1277. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to authorize the Magistrate Court of Sumter County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HB 246.

By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:

A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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SB 540. By Senators Staton of the 18th, Douglas of the 17th, Whitehead, Sr. of the 24th, Goggans of the 7th, Wiles of the 37th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates promoting our nations heritage in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 541. By Senators Hill of the 32nd, Pearson of the 51st, Staton of the 18th and Chance of the 16th:
A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, so as to provide that no person shall transmit to an electronic address in Georgia any message that contains advertising material for viewing, use, consumption, sale, lease, or rental only by persons over 18 years of age unless the first eight characters of the subject line are "ADV:ADLT"; to provide for penalties; to provide for civil actions; to provide for damages; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 542. By Senators Hill of the 32nd, Harp of the 29th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable power of attorney for health care, so as to amend the signature requirement; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 543. By Senators Hill of the 32nd, Carter of the 13th, Grant of the 25th, Kemp of the 46th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and appeal bonds, so as to change certain restrictions on granting an appeal bond; to

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381

provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 544. By Senators Jones of the 10th, Stoner of the 6th and Thompson of the 5th:
A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the definition of identification document, prohibition against knowingly manufacturing, selling, or distributing false identification documents, and penalty, so as to provide that certain property used in conjunction with producing a false identification document shall be contraband; to provide for seizure and forfeiture; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 545. By Senators Mullis of the 53rd, Thomas of the 54th, Douglas of the 17th, Balfour of the 9th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to definitions regarding bingo games, so as to provide a definition of nonprofit, tax-exempt organization; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
SR 848. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Stoner of the 6th and Thompson of the 33rd:
A RESOLUTION honoring the life and service of Airman First Class Antoine J. Holt and dedicating the Antoine J. Holt Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.
SR 849. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Stoner of the 6th and Thompson of the 33rd:
A RESOLUTION honoring the life and service of Kimberly Boyd and dedicating the Kimberly Boyd Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.

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SR 853. By Senators Hill of the 32nd, Unterman of the 45th, Tate of the 38th, Thomas of the 54th and Goggans of the 7th:
A RESOLUTION creating the Hospital Health Care Standards Commission; and for other purposes.
Referred to the Health and Human Services Committee.
The following House legislation was read the first time and referred to committee:
HB 400. By Representatives Coleman of the 97th, Cummings of the 16th, Bridges of the 10th, Meadows of the 5th, Maddox of the 172nd and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

HB 959. By Representatives Maddox of the 172nd, Lindsey of the 54th, Fleming of the 117th, O`Neal of the 146th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to parking permits for persons with disabilities, so as to change certain provisions relating to permits for permanently disabled persons; to provide for permits issued to permanently disabled minors; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 1054. By Representatives Stephens of the 164th, Parham of the 141st, Parrish of the 156th, Graves of the 137th and Carter of the 159th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change

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certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

HB 1096. By Representatives Crawford of the 127th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in Pike County in the Griffin Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 1106. By Representatives Graves of the 12th, Channell of the 116th, Loudermilk of the 14th, McCall of the 30th, May of the 111th and others:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to include the hauling of construction aggregates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

HB 1251. By Representatives Benton of the 31st, England of the 108th, Sheldon of the 105th and Mills of the 25th:
A BILL to be entitled an Act to create the Braselton Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the Town of Braselton, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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.

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HB 1264. By Representatives Heard of the 104th, Cox of the 102nd, Everson of the 106th, Marin of the 96th, Walker of the 107th and others:
A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3598), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1267. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Teilhet of the 40th 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 May 5, 2005 (Ga. L. 2005, p. 3607), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1269. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act creating the Miller County Recreation Authority, approved March 25, 1997 (Ga. L. 1997, p. 3533), so as to provide for the composition, qualifications, terms, and quorums of the authority; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1270. By Representatives Yates of the 73rd and Knight of the 126th:
A BILL to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), an Act approved March 30, 1977 (Ga. L. 1977, p. 4238), an Act approved March 13, 1978 (Ga. L. 1978, p. 3196), an Act approved April 11, 1979 (Ga. L. 1979, p. 3452), an Act approved April 6, 1981 (Ga. L. 1981, p.

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4129), an Act approved March 21, 1984 (Ga. L. 1984, p. 4534), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5545), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1271. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to create a board of elections and registration for Rabun County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1277. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to authorize the Magistrate Court of Sumter County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

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Mr. President:

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

SB 330 Do Pass SB 507 Do Pass

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

Mr. President:

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

SB 436 Do Pass

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

Mr. President:

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

SB 522 Do Pass by substitute SB 530 Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

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

HB 1137 Do Pass

Respectfully submitted, Senator Rogers of the 21st District, Chairman

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Mr. President:

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

HB 1159 Do Pass

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

The following legislation was read the second time:

HB 1026 SB 244

SB 427

SB 500

SR 700

Senator Williams of the 19th gave notice that at the proper time he would move the Senate resolve into the Committee of the Whole Senate for the purpose of taking up HB 1026.

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

Senator Thompson of the 5th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.

Senator Zamarripa of the 36th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator 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 Smith of the 52nd asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.

Senator Tolleson of the 20th asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

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

Adelman Balfour Bulloch Butler

Hill,Judson Hooks Hudgens Johnson

Starr Staton Stoner Tarver

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Cagle Carter Chance Chapman Douglas Goggans Golden Hamrick Harp Heath Henson Hill,Jack

Jones Kemp Me V Bremen Moody Pearson Powell Rogers Schaefer Seabaugh Seay Shafer,D Smith

Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Brown (Excused) Harbison (Excused) Reed (Excused)

Fort Miles Stephens (Excused)

Grant Mullis (Excused) Thompson, S (Excused)

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

The members pledged allegiance to the flag.

Senator Rogers of the 21st introduced the chaplain of the day, Pastor Johnny Hunt of Woodstock, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 847. By Senator Douglas of the 17th:

A RESOLUTION expressing regret at the passing of Lucy Gilmer Anderson; and for other purposes.

SR 850. By Senator Williams of the 19th:

A RESOLUTION commending Michael Jon and Misty Baxley for being named Outstanding Young Farm Family; and for other purposes.

SR 851. By Senator Williams of the 19th:

A RESOLUTION commending Charlie and Mary Ellen McKenzie on the occasion of their sixtieth wedding anniversary; and for other purposes.

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389

SR 852. By Senator Williams of the 19th:
A RESOLUTION commending Donnie Morris; and for other purposes.
SR 854. By Senators Seay of the 34th, Reed of the 35th, Miles of the 43rd, Starr of the 44th, Tate of the 38th and others:
A RESOLUTION commending Ms. Myrna May White and congratulating her on being named the director of the Office of Public Affairs for the Department of Aviation at Hartsfield-Jackson Atlanta International Airport; and for other purposes.
SR 855. By Senators Seay of the 34th, Miles of the 43rd, Starr of the 44th, Tate of the 38th and Brown of the 26th:
A RESOLUTION congratulating Dixon Grove Baptist Church on its 50th anniversary; and for other purposes.
SR 856. By Senators Harp of the 29th, Hooks of the 14th, Williams of the 19th, Balfour of the 9th and Johnson of the 1st:
A RESOLUTION recognizing and offering thanks to Mr. William T. Heard, Jr.; and for other purposes.
SR 857. By Senators Douglas of the 17th, Johnson of the 1st, Wiles of the 37th, Hill of the 4th, Williams of the 19th and others:
A RESOLUTION commending Georgias National Guard troops; recognizing February 22, 2006, as "National Guard Day"; and for other purposes.
SR 858. By Senator Jones of the 10th:
A RESOLUTION commending Bishop Dr. Robert Lee Evans, Sr.; and for other purposes.
Senator Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.
Senator Staton of the 18th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance 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.

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

SENATE LOCAL CONSENT CALENDAR

Tuesday, February 14, 2006 Eighteenth Legislative Day

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

HB 1159

Pearson of the 51st LUMPKIN COUNTY

A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Lumpkin County, approved June 3, 2003 (Ga. L. 2003, p. 4354), so as to change certain provisions relating to duties of the board; to change certain provisions relating to appointment and terms of office of members; to change certain provisions relating to qualifications of members; to change certain provisions relating to vacancies; to provide for removal of members; to change certain provisions regarding appointment and duties of the election supervisor and chief registrar; to repeal conflicting laws; and for other purposes.

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

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

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

Y Hill,Jack 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

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

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Y Hamrick E Harbison Y Harp Y Heath Y Henson

Rogers Schaefer Y Seabaugh Seay Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 42, nays 0.

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

SENATE RULES CALENDAR TUESDAY, FEBRUARY 14, 2006 EIGHTEENTH LEGISLATIVE DAY

SB 384

Interstate Insurance Product Regulation Compact; enact; regulate designated insurance products; create commission (I&L-47th)

SB 469

Corporations, Partnerships and Associations; update provisions (Substitute)(S JUDY-52nd)

SB 373

License, Honorary; veterans; provide for unremarried surviving spouse or child of deceased military persons; conditions (PF) (PS&HS-17th)

SB 385

Insurers; investments in the obligations of certain Canadian cities (Substitute)(I&L-47th)

HB 1080 Income tax credit; qualified child and dependent care expenses; provide (FIN-49th) Golick-34th

Respectfully submitted,

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

Senator Thompson of the 5th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

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

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SB 384. By Senators Hudgens of the 47th and Rogers of the 21st:

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 Interstate Insurance Product Regulation Compact; to help states join together to establish an interstate compact to regulate designated insurance products; to provide for implementation of such compact; to provide for the Interstate Insurance Product Regulation Commission; to provide for organization of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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

SB 384, having received the requisite constitutional majority, was passed.

Senators Moody of the 56th and Whitehead of the 24th recognized members of P.A.G.E., commended by SR 723, adopted previously.

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393

Senator Smith of the 52nd recognized representatives of Coosa High School, commended by SR 734, adopted previously.
The Calendar was resumed.
SB 469. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th and Reed of the 35th:
A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the updating of provisions relating to corporations, partnerships, and associations; to provide confirmation when an order for relief with respect to a corporation has been entered pursuant to the federal Bankruptcy Code of the power and authority of such corporation to take action pursuant to the decree of order or the court or judge in such bankruptcy proceedings; to provide that a board of directors can commit a corporation to submit a matter for shareholder approval even if the board of directors subsequently determines to recommend against it later; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Special Judiciary Committee offered the following substitute to SB 469:
A BILL TO BE ENTITLED AN ACT
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the updating of provisions relating to corporations, partnerships, and associations; to provide confirmation when an order for relief with respect to a corporation has been entered pursuant to the federal Bankruptcy Code of the power and authority of such corporation to take action pursuant to the decree of order or the court or judge in such bankruptcy proceedings; to provide that a board of directors can commit a corporation to submit a matter for shareholder approval even if the board of directors subsequently determines to recommend against it later; to correct cross-references; to change certain provisions relating to court ordered indemnification and advancement for expenses; to confirm the authority of a court to order advancement of expenses before determining a directors ultimate entitlement to indemnification; to provide statutory rules of construction for language frequently used in mandatory indemnification provisions; to change certain provisions relating to amendment to articles of incorporation by board of directors and shareholders; to repeal certain provisions relating to amendment to articles of incorporation pursuant to reorganization; to clarify existing law by expressly recognizing the possibility of different treatment of shareholders in a plan of merger of share exchange; to change certain provisions relating to merger; to change certain provisions relating to share exchange; to change certain

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provisions relating to action on plan of merger; to change certain provisions relating to merger with subsidiary; to change certain provisions relating to merger with other entities; to change certain provisions relating to election to become limited liability company; to streamline the process of permitting an entity to convert from one form into another; to allow entities organized in other states to convert to certain corporations or partnerships in this state; to change certain provisions relating to sale of assets requiring shareholder approval; to change certain provisions relating to right to dissent; to change provisions relating to dissolution by board of directors and shareholders; to change certain provisions relating to amended certificate of authority; to change certain provisions relating to corporate name of foreign corporation; to change certain provisions relating to election to become a limited partnership; to change certain provisions relating to certificate of authority for foreign limited partnerships; to change certain provisions relating to change of name or state of organization; to change certain provisions relating to amended certificate required for change of name or jurisdiction of organization; to change certain provisions relating to election to become a limited liability company; to add a filing fee for entity conversion; to change certain provisions relating to right to dissent; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by adding a new Code Section 14-2-104 to the end of Part 1 of Article 1 of Chapter 2, relating to short title and reservation of power, to read as follows:
14-2-104. (a) Any corporation, an order for relief with respect to which has been entered pursuant to the federal Bankruptcy Code (11 U.S.C. Section 101, et seq.), may put into effect and carry out any decrees and orders of the court or judge in such bankruptcy proceeding and may take any corporate action provided or directed by such decrees and orders, without further action by its directors or shareholders. Such power and authority may be exercised, and such corporate action may be taken, as may be directed by such decrees and orders, by the trustee or trustees of such corporation appointed or elected in the bankruptcy proceeding, or a majority thereof, or, if none be appointed or elected and acting, by designated officers of the corporation, or by a representative appointed by the court or judge, with like effect as if exercised and taken by unanimous action of the directors and shareholders of the corporation. (b) Such corporation may, in the manner provided in subsection (a) of this Code section, but without limiting the generality or effect of the foregoing, alter, amend, or repeal its bylaws; constitute or reconstitute and classify or reclassify its board of directors, and name, constitute, or appoint directors and officers in place of or in addition to all or some of the directors or officers then in office; amend its articles of incorporation, and make any change in its shares, or any other amendment, change, or

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alteration, or provision, authorized by this chapter; be dissolved, transfer all or part of its assets, merge or effect any share exchange in connection with any action taken under this Code section; change the location of its registered office, change its registered agent, and remove or appoint any agent to receive service of process; authorize and fix the terms, manner, and conditions of, the issuance of bonds, debentures, or other obligations, regardless of whether convertible into shares of any class or series, or bearing warrants or other evidences of optional rights to purchase or subscribe for shares of any class or series; or lease its property and franchises to any corporation, if permitted by law. No shareholder shall have the right to dissent under Article 13 of this chapter with respect to such shareholders shares in connection with any action taken under this Code section. (c) Articles or a certificate of any amendment, correction, merger, share exchange, or dissolution, made by such corporation pursuant to this Code section, shall be filed with the Secretary of State in accordance with Code Section 14-2-120, and, subject to Code Section 14-2-123 and subsection (c) of Code Section 14-2-124, shall thereupon become effective in accordance with its terms and the provisions thereof. Such articles, certificate, or other instrument shall be made, executed, and acknowledged, as may be directed by such decrees and orders, by the trustee or trustees appointed or elected in the bankruptcy proceeding, or a majority thereof, or, if none be appointed or elected and acting, by the officers of the corporation, or by a representative appointed by the court or judge, and shall certify that provision for the making of such articles, certificate, or instrument is contained in a decree or order of a court or judge having jurisdiction of a proceeding under the federal Bankruptcy Code. (d) This Code section shall cease to apply to such corporation upon the entry of a final decree in the bankruptcy proceeding closing the case and discharging the trustee or trustees, if any; provided, however, that the closing of a case and discharge of trustee or trustees, if any, will not affect the validity of any act previously performed pursuant to subsection (a), (b), or (c) of this Code section. (e) On filing any articles, certificate, report, or other paper made or executed pursuant to this Code section, there shall be paid to the Secretary of State for the use of the state the same fees as are payable by corporations not in bankruptcy upon the filing of like articles, certificates, agreements, reports, or other papers.
SECTION 2. Said title is further amended by adding a new Code Section 14-2-305 to the end of Article 3 of Chapter 2, relating to purposes and powers of business corporations, to read as follows:
14-2-305. Subject to the requirements set forth in paragraph (1) of subsection (b) of Code Section 14-2-1003, with respect to the submission of amendments to the articles of incorporation to shareholders; paragraph (1) of subsection (b) of Code Section 14-21103, with respect to the submission of a plan of merger or share exchange to shareholders; paragraph (1) of subsection (b) of Code Section 14-2-1202, with respect

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to the submission of a disposition of assets requiring shareholder approval to shareholders; and paragraph (1) of subsection (b) of Code Section 14-2-1402, with respect to the submission of a proposed dissolution to shareholders, a corporation may agree to submit a matter to a vote of its shareholders regardless of whether the board of directors determines at any time subsequent to adopting or approving such matter that such matter is no longer advisable and recommends that the shareholders reject or vote against the matter.
SECTION 3. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 14-2-401, relating to corporate name, and inserting in lieu thereof the following:
(2) A corporate name reserved or registered under Code Section 14-2-402 or 14-2403;
SECTION 4. Said title is further amended by striking Code Section 14-2-854, relating to court ordered indemnification and advances for expenses, and inserting in lieu thereof the following:
14-2-854. (a) A director who is a party to a proceeding because he or she is a director may apply for indemnification or advance for expenses to the court conducting the proceeding or to another court of competent jurisdiction. After receipt of an application and after giving any notice it considers necessary, the court shall:
(1) Order indemnification or advance for expenses if it determines that the director is entitled to indemnification or advance for expenses under this part; or (2) Order indemnification or advance for expenses if it determines, in view of all the relevant circumstances, that it is fair and reasonable to indemnify the director or to advance expenses to the director, even if the director has not met the relevant standard of conduct set forth in subsections (a) and (b) of Code Section 14-2-851, failed to comply with Code Section 14-2-853, or was adjudged liable in a proceeding referred to in paragraph (1) or (2) of subsection (d) of Code Section 14-2-851, but if the director was adjudged so liable, the indemnification shall be limited to reasonable expenses incurred in connection with the proceeding. (b) If the court determines that the director is entitled to indemnification or advance for expenses under this part paragraph (1) of subsection (a) of this Code section, it may shall also order the corporation to pay the directors reasonable expenses to obtain court-ordered court ordered indemnification or advance for expenses. If the court determines that the director is entitled to indemnification or advance for expenses under paragraph (2) of subsection (a) of this Code section, it may also order the corporation to pay the directors reasonable expenses to obtain court ordered indemnification or advance for expenses. (c) The court may summarily determine, without a jury, a corporations obligation to advance expenses.

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SECTION 5. Said title is further amended by striking Code Section 14-2-859, relating to application of part, and inserting in lieu thereof the following:
14-2-859.
(a) A corporation may, by a provision in its articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders, obligate itself in advance of the act or omission giving rise to a proceeding to provide indemnification or advance funds to pay for or reimburse expenses consistent with this part. Any such obligatory provision shall be deemed to satisfy the requirements for authorization referred to in subsection (c) of Code Section 14-2-853 or subsection (c) of Code Section 14-2-855. Any such provision that obligates the corporation to provide indemnification to the fullest extent permitted by law shall be deemed to obligate the corporation to advance funds to pay for or reimburse expenses in accordance with Code Section 14-2-853 to the fullest extent permitted by law, unless the provision specifically provides otherwise. (b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnify or advance expenses to a director of a predecessor of the corporation, pertaining to conduct with respect to the predecessor, unless otherwise specifically provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the board of directors or shareholders, partners, or, in the case of limited liability companies, members or managers of a predecessor of the corporation or other entity in a merger or in a contract to which the predecessor is a party, existing at the time the merger takes effect, shall be governed by paragraph (3) of subsection (a) of Code Section 14-2-1106. (c) A corporation may, by a provision in its articles of incorporation, limit any of the rights to indemnification or advance for expenses created by or pursuant to this part. (d) This part does shall not limit a corporations power to pay or reimburse expenses incurred by a director or an officer in connection with his or her appearance as a witness in a proceeding at a time when he or she is not a party. (e) Except as expressly provided in Code Section 14-2-857, this part does shall not limit a corporations power to indemnify, advance expenses to, or provide or maintain insurance on behalf of an employee or agent. (f) Any provision in a corporations articles of incorporation or bylaws or in a resolution adopted or contract approved by its board of directors or shareholders that obligates the corporation to provide indemnification to the fullest extent permitted by law shall, unless such provision or another provision in the corporations articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders expressly provides otherwise, be deemed to obligate the corporation:
(1) To advance funds to pay for or reimburse expenses in accordance with Code Section 14-2-853 to the fullest extent permitted by law; and (2) To indemnify directors to the fullest extent permitted in Code Section 14-2-856, provided that such provision is duly authorized as required in subsection (a) of Code

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Section 14-2-856, and to indemnify officers to the fullest extent permitted in paragraph (2) of subsection (a) and subsection (b) of Code Section 14-2-857.
SECTION 6. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 14-2-1003, relating to amendment by board of directors and shareholders, and inserting in lieu thereof the following:
(1) The board of directors must recommend the amendment shall also transmit to the shareholders a recommendation that the shareholders approve the amendment, unless the board of directors elects makes a determination that, because of a conflict conflicts of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the amendment it should either refrain from making such a recommendation or recommend that the shareholders reject or vote against the amendment, in which case the board of directors shall transmit to the shareholders the basis for such determination; and
SECTION 7. Said title is further amended by striking Code Section 14-2-1008, relating to amendment pursuant to reorganization, and inserting in lieu thereof the following:
14-2-1008. (a) A corporations articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contain only provisions required or permitted by Code Section 14-2-202. (b) The individual or individuals designated by the court shall deliver to the Secretary of State for filing articles of amendment setting forth:
(1) The name of the corporation; (2) The text of each amendment approved by the court; (3) The date of the courts order or decree approving the articles of amendment; (4) The title of the reorganization proceeding in which the order or decree was entered; and (5) A statement that the court had jurisdiction of the proceeding under federal statute. (c) Shareholders of a corporation undergoing reorganization do not have dissenters rights except as and to the extent provided in the reorganization plan. (d) This Code section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan. Reserved.
SECTION 8. Said title is further amended by striking Code Section 14-2-1101, relating to merger, and inserting in lieu thereof the following:

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14-2-1101.
(a) One or more corporations may merge into another corporation if the board of directors of each corporation adopts and its shareholders (if required by Code Section 14-2-1103) approve a plan of merger. (b) The plan of merger must set forth:
(1) The name of each corporation planning to merge and the name of the surviving corporation into which each other corporation plans to merge; (2) The terms and conditions of the merger; and (3) The manner and basis of converting the shares of each corporation into shares or other securities, obligations, rights to acquire shares or other securities, of the surviving or any other corporation or into cash or other property in whole or in part cash, other property, or any combination of the foregoing, and if any shares of any holder of a class or series of shares are to be converted in a manner or basis different from any other holder of shares of such class or series, the manner or basis applicable to each such holder. (c) The plan of merger may set forth: (1) Amendments to the articles of incorporation of the surviving corporation; and (2) A provision that the plan may be amended prior to the time the merger has become effective, but if shareholders of a corporation that is a party to the merger are required or permitted to vote on the plan, subsequent to approval of the plan by such shareholders the plan may not be amended to change in any respect not expressly authorized by such shareholders in connection with the approval of the plan:
(A) The amount or kind of shares or other securities, obligations, rights to acquire shares or other securities, cash, or other property to be received under the plan by the shareholders of any party to the merger if such change would adversely affect such shareholders; (B) The articles of incorporation of any corporation that will survive as a result of the merger, except for changes permitted by Code Section 14-2-1002 or changes that would not adversely affect such shareholders; or (C) Any of the other terms or conditions of the plan if such change would adversely affect such shareholders in any material respect; and in the event that the plan of merger is amended after articles or a certificate of merger has been filed with the Secretary of State but before the merger has become effective, a certificate of amendment of merger executed on behalf of each party to the merger by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the merger; and (3) Other provisions relating to the merger. (d) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation.

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SECTION 9. Said title is further amended by striking Code Section 14-2-1102, relating to share exchange, and inserting in lieu thereof the following:
14-2-1102.
(a) A corporation may acquire all of the outstanding shares of one or more classes or series of another corporation through a share exchange if the board of directors of each corporation adopts and its shareholders (if required by Code Section 14-2-1103) approve the share exchange. (b) The plan of share exchange must set forth:
(1) The name of the corporation whose shares will be acquired and the name of the acquiring corporation; (2) The terms and conditions of the share exchange; and (3) The manner and basis of exchanging the shares to be acquired for shares, or other securities, obligations, rights to acquire shares or other securities, of the acquiring or any other corporation or for cash or other property in whole or in part cash, other property, or any combination of the foregoing, and if any shares of any holder of a class or series of shares are to be exchanged in a manner or basis different from any other holder of shares of such class or series, the manner or basis applicable to each such holder. (c) The plan of share exchange may set forth other provisions relating to the share exchange, including a provision that the plan may be amended prior to the time the share exchange has become effective, but if shareholders of a corporation that is a party to the share exchange are required or permitted to vote on the plan, subsequent to approval of the plan by such shareholders the plan may not be amended to change in any respect not expressly authorized by such shareholders in connection with the approval of the plan: (1) The amount or kind of shares or other securities, obligations, rights to acquire shares or other securities, cash, or other property to be issued by the corporation or to be received under the plan by the shareholders of any party to the share exchange if such change would adversely affect such shareholders; or (2) Any of the other terms or conditions of the plan if such change would adversely affect such shareholders in any material respect; and in the event that the plan of share exchange is amended after articles or a certificate of share exchange has been filed with the Secretary of State but before the share exchange has become effective, a certificate of amendment of share exchange executed on behalf of each party to the share exchange by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the share exchange. (d) Any of the terms of the plan of share exchange may be made dependent upon facts ascertainable outside of the plan of share exchange, provided that the manner in which such facts shall operate upon the terms of the share exchange is clearly and expressly set forth in the plan of share exchange. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or

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action by any person or body, including the corporation. (e) This Code section does not limit the power of a corporation to acquire all or part of the shares of one or more classes or series of another corporation through a voluntary exchange of shares or otherwise.
SECTION 10. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section
14-2-1103, relating to action on plan, and inserting in lieu thereof the following: (1) The board of directors must recommend the plan of merger or share exchange
shall also transmit to the shareholders a recommendation that the shareholders approve the plan, unless the board of directors elects, makes a determination that, because of conflict conflicts of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the plan it should either refrain from making such a recommendation or recommend that the shareholders reject or vote against the plan, in which case the board of directors shall transmit to the shareholders the basis for such determination; and
SECTION 11. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 14-2-1104, relating to merger with subsidiary, and inserting in lieu thereof the following:
(2) The manner and basis of converting the shares of the parent or subsidiary into shares, or other securities, obligations, rights to acquire shares or other securities of the surviving corporation or any other corporation or into cash or other property in whole or in part securities, cash, other property, or any combination thereof, and if any shares of any holder of a class or series of shares are to be converted in a manner or basis different from any other holder of shares of such class or series, the manner or basis applicable to such holder.
SECTION 12. Said title is further amended by striking subsection (d) of Code Section 14-2-1109, relating to merger with other entities, and inserting in lieu thereof the following:
(d) The plan of merger: (1) Must set forth:
(A) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each other corporation and entity plans to merge; (B) The terms and conditions of the merger; and (C) The manner and basis of converting the shares of each corporation and the shares, memberships, or financial or beneficial interests or units in each of the entities into shares, or other securities, obligations, rights to acquire shares or other securities, of the surviving or any other corporation or entity or into cash or other property in whole or in part cash, other property, or any combination of the

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foregoing, and if any shares of any holder of a class or series of shares are to be converted in a manner or basis different from any other holder of shares of such class or series, the manner or basis applicable to each such holder; and (2) May set forth: (A) Amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; and (B) A provision that the plan may be amended prior to the time the merger has become effective, but if shareholders of a domestic corporation that is a party to the merger or shareholders, partners, or members of a domestic entity that is a party to the merger are required or permitted to vote on the plan, subsequent to approval of the plan by such shareholders, partners, or members the plan may not be amended to change in any respect not expressly authorized by such approving shareholders, partners, or members in connection with the approval of the plan:
(i) The amount or kind of shares or other securities, obligations, rights to acquire shares or other securities, cash, or other property to be received under the plan by the shareholders, partners, or members of any party to the merger if such change would adversely affect such approving shareholders, partners, or members; (ii) The articles or certificate of incorporation of any domestic or foreign corporation, or the governing agreements of any other entity, that will survive or be created as a result of the merger, except for changes permitted by Code Section 14-2-1002 or by comparable provisions of the law of the state or jurisdiction under which any such other entity was organized or changes that would not adversely affect such approving shareholders, partners, or members; or (iii) Any of the other terms or conditions of the plan if such change would adversely affect such approving shareholders, partners, or members in any material respect; and in the event that the plan of merger is amended after articles or a certificate of merger has been filed with the Secretary of State but before the merger has become effective, a certificate of amendment of merger executed on behalf of each party to the merger by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the merger; and (C) Other provisions relating to the merger.
SECTION 13. Said title is further amended by striking Code Section 14-2-1109.1, relating to election to become a limited liability company, and inserting in lieu thereof the following:
14-2-1109.1. (a) As used in this Code section, the term:
(1) 'Limited limited liability company' means any limited liability company formed under Chapter 11 of this title. (2) 'Limited partnership' means any limited partnership formed under Chapter 9 of this title. (b) Pursuant to Code Section 14-11-212 or 14-9-206.2 and this Code section, a A

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corporation may elect to become a limited liability company or limited partnership if the board of directors adopts and its shareholders approve a plan of election conversion. (c) The plan of election conversion must set forth:
(1) The name of the limited liability company or limited partnership to be formed pursuant to such election; (2) The manner and basis of converting the shares of such corporation into interests as members of the limited liability company to be formed pursuant to such election or interests as partners of the limited partnership to be formed pursuant to such election or a statement that such information is contained in the written operating agreement proposed for such limited liability company or the written limited partnership agreement proposed for such limited partnership; (3) The effective date and time of such election, if later than the date and time the certificate of election conversion is filed; (4) The contents of the articles of organization that shall be the articles of organization of the limited liability company to be formed pursuant to such election unless and until modified in accordance with the provisions of Chapter 11 of this title or the contents of the certificate of limited partnership that shall be the certificate of limited partnership of the limited partnership to be formed pursuant to such election unless and until modified in accordance with the provisions of Chapter 9 of this title; and
(5)(A) The contents of the written operating agreement to be entered into among the persons who will be the members of the limited liability company to be formed pursuant to such election, which shall, if not separately provided in the plan of election, state:
(i) The the manner and basis for the conversion of the shares of such corporation into interests as members of the limited liability company to be formed pursuant to such election; and (ii) That that notification that approval of the election will be deemed to be execution of the operating agreement by such persons; or (B) The contents of the written limited partnership agreement to be entered into among the persons who will be the partners of the limited partnership to be formed pursuant to such election, which shall, if not separately provided in the plan of conversion, state: (i) The manner and basis for the conversion of the shares of such corporation into interests as partners of the limited partnership to be formed pursuant to such conversion; and (ii) That approval of the election will be deemed to be execution of the limited partnership agreement by such persons. (d) For a plan of election conversion to become a limited liability company or limited partnership to be approved: (1) The board of directors must shall submit the plan of conversion approved by the shareholders and shall recommend the plan of election conversion to the shareholders in the same manner and subject to the same exceptions as provided in subsections (a)

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through (d) paragraph (1) of subsection (b) of the Code Section 14-2-1103, and may condition its submission and provide notice to each shareholder entitled to vote in the same manner as provided in subsections (c) and (d) of Code Section 14-2-1103; and (2) All of the shareholders must approve the plan of election conversion. (e) The plan of conversion may set forth other provisions relating to the conversion, including a provision that the plan may be amended prior to the time that the conversion has become effective, but subsequent to approval of the plan by shareholders the plan may not be amended to change in any respect not expressly authorized by such shareholders in connection with the approval of the plan: (1) The amount or kind of interests, shares or other securities, obligations, or rights to acquire interests, shares or other securities to be received under the plan by the shareholders if the change would adversely affect such shareholders; or (2) Any of the other terms or conditions of the plan if the change would adversely affect such shareholders in any material respect; and in the event that the plan of conversion is amended after a certificate of conversion has been filed with the Secretary of State but before the conversion has become effective, a certificate of amendment of conversion executed by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the conversion. (f) Any of the terms of the plan of conversion may be made dependent upon facts ascertainable outside of the plan of conversion, provided that the manner in which such facts shall operate upon the terms of the conversion is clearly and expressly set forth in the plan of conversion. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (g) After a conversion is authorized, unless the plan of conversion provides otherwise, and at any time before the conversion has become effective, the planned conversion may be abandoned, subject to any contractual rights, without further shareholder action, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, in the manner determined by the board of directors. (e)(h) After a plan of election conversion is approved by the shareholders, the corporation shall deliver to the Secretary of State for filing a certificate of election conversion complying with subsection (b) of Code Section 14-11-212 or subsection (b) of Code Section 14-9-206.2, as applicable.
SECTION 14. Said title is further amended by adding two new Code sections to the end of Part 1 of Article 11 of Chapter 2, relating to merger and share exchange, to read as follows:
14-2-1109.2. (a) A foreign corporation, domestic limited partnership, foreign limited partnership, domestic general partnership, foreign general partnership, domestic limited liability company, or foreign limited liability company may elect to become a corporation. Such election shall require the approval of all of the electing entitys partners,

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members, or shareholders, or such other approval or compliance as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election. (b) Such election shall be made by delivering a certificate of conversion to the Secretary of State for filing. The certificate shall set forth:
(1) The name and jurisdiction of organization of the entity making the election; (2) That the entity elects to become a corporation; (3) The effective date, or the effective date and time, of such conversion if later than the date and time the certificate of conversion is filed; (4) That the election has been approved as required by subsection (a) of this Code section; (5) That filed with the certificate of conversion are articles of incorporation that are in the form required by Code Section 14-2-202, setting forth a name for the corporation that satisfies the requirements of Code Section 14-2-401, and stating that such articles of incorporation shall be the articles of incorporation of the corporation formed pursuant to such election unless and until modified in accordance with this chapter; and (6) If not provided for in the articles of incorporation required by paragraph (5) of this subsection, a statement setting forth the manner and basis for converting the ownership interests in the entity making the election into shares of the corporation formed pursuant to such election. (c) Upon the election becoming effective: (1) The electing entity shall become a corporation formed under this chapter by such election, except that the existence of the corporation so formed shall be deemed to have commenced on the date the entity making the election commenced its existence in the jurisdiction in which such entity was first created, formed, incorporated, or otherwise came into being; (2) The ownership interests in the entity making the conversion shall be converted on the basis stated or referred to in the certificate of conversion in accordance with paragraph (6) of subsection (b) of this Code section; (3) The articles of incorporation filed with the certificate of conversion shall be the articles of incorporation of the corporation formed pursuant to such election unless and until amended in accordance with this chapter; (4) The governing documents of the entity making the election shall be of no further force or effect; (5) The corporation formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the entity making the election; all property, real, personal, and mixed, all contract rights, and all debts due to such entity, as well as all other choses in action, and each and every other interest of or belonging to or due to the entity making the election shall be taken and deemed to be vested in the corporation formed by such election without further act or deed; the title to any real estate, or any interest therein, vested in the entity making the election shall not revert or be in any way impaired by reason of such election; and

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none of such items shall be deemed to have been conveyed, transferred, or assigned by reason of such election for any purpose; and (6) The corporation formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the entity making the election, and any claim existing or action or proceeding pending by or against such entity may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the property of the entity making such election shall be impaired by such election. (d) A conversion pursuant to this Code section shall not be deemed to constitute a dissolution of the entity making the election and shall constitute a continuation of the existence of the entity making the election in the form of a corporation. A corporation formed by an election pursuant to this Code section shall for all purposes be deemed to be the same entity as the entity making such election. (e) A corporation formed by an election pursuant to this Code section may file a copy of such certificate of conversion, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such corporation is located and record such certified copy of the certificate of conversion in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a corporation indexed as the grantor and the corporation indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to the recordation of such election.
14-2-1109.3. (a) A corporation may elect to become a foreign limited liability company, a foreign limited partnership, or a foreign corporation, if such a conversion is permitted by the law of the state or jurisdiction under whose law the resulting entity would be formed. (b) To effect a conversion under this Code section, the corporation must adopt a plan of conversion that sets forth the manner and basis of converting the shares of the corporation into interests, shares, obligations, or other securities, as the case may be, of the resulting entity. The plan of conversion may set forth other provisions relating to the conversion. (c) For the plan of conversion to be adopted:
(1) The board of directors shall submit the plan of conversion for approval by the shareholders and shall recommend the plan of conversion to the shareholders in the same manner and subject to the same exceptions as provided in paragraph (1) of subsection (b) of Code Section 14-2-1103, and may condition its submission and provide notice to each shareholder entitled to vote in the same manner as provided in subsections (c) and (d) of Code Section 14-2-1103; and (2) All of the shareholders must approve the plan of conversion. (d) The plan of conversion may set forth other provisions relating to the conversion, including a provision that the plan may be amended prior to the time that the conversion has become effective, but subsequent to approval of the plan by shareholders the plan may not be amended to change in any respect not expressly

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authorized by such shareholders in connection with the approval of the plan: (1) The amount or kind of interests, shares or other securities, obligations, or rights to acquire interests, shares or other securities to be received under the plan by the shareholders if the change would adversely affect such shareholders; or (2) Any of the other terms or conditions of the plan if the change would adversely affect such shareholders in any material respect; and
in the event that the plan of conversion is amended after a certificate of conversion has been filed with the Secretary of State but before the conversion has become effective, a certificate of amendment of conversion executed by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the conversion. (e) Any of the terms of the plan of conversion may be made dependent upon facts ascertainable outside of the plan of conversion, provided that the manner in which such facts shall operate upon the terms of the conversion is clearly and expressly set forth in the plan of conversion. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (f) After a conversion is authorized, unless the plan of conversion provides otherwise, and at any time before the conversion has become effective, the planned conversion may be abandoned, subject to any contractual rights, without further shareholder action, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, in the manner determined by the board of directors. (g) The conversion shall be effected as provided in, and shall have the effects provided by, the law of the state or jurisdiction under whose law the resulting entity is formed and by the plan of conversion, to the extent not inconsistent with such law. (h) If the resulting entity is required to obtain a certificate of authority to transact business in this state by the provisions of this title governing foreign corporations, foreign limited partnerships, or foreign limited liability companies, it shall do so pursuant to Code Section 14-2-1501, 14-9-902, or 14-11-705.
SECTION 15. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 14-2-1202, relating to sale of assets requiring shareholder approval, and inserting in lieu thereof the following:
(1) The board of directors must recommend the proposed transaction shall also transmit to the shareholders a recommendation that the shareholders approve the proposed disposition, unless the board of directors elects, makes a determination that, because of conflict conflicts of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the submission of the proposed transaction it should either refrain from making such a recommendation or recommend that the shareholders reject or vote against the plan, in which case the board of directors shall transmit to the shareholders the basis for such determination; and

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SECTION 16. Said title is further amended by striking subsection (c) of Code Section 14-2-1302, relating to right to dissent, and inserting in lieu thereof the following:
(c) Notwithstanding any other provision of this article, there shall be no right of dissent in favor of the holder of shares of any class or series which, at the record date fixed to determine the shareholders entitled to receive notice of and to vote at a meeting at which a plan of merger or share exchange or a sale or exchange of property or an amendment of the articles of incorporation is to be acted on, were either listed on a national securities exchange or held of record by more than 2,000 shareholders, unless:
(1) In the case of a plan of merger or share exchange, the any holders of shares of the class or series are required under the plan of merger or share exchange to accept for their shares:
(A) Anything anything except shares of the surviving corporation or another publicly held corporation which at the effective date of the merger or share exchange are either listed on a national securities exchange or held of record by more than 2,000 shareholders, except for scrip or cash payments in lieu of fractional shares; or (B) Any shares of the surviving corporation or another publicly held corporation which at the effective date of the merger or share exchange are either listed on a national securities exchange or held of record by more than 2,000 shareholders that are different, in type or exchange ratio per share, from the shares to be provided or offered to any other holder of shares of the same class or series of shares in exchange for such shares; or (2) The articles of incorporation or a resolution of the board of directors approving the transaction provides otherwise.
SECTION 17. Said title is further amended by striking subsection (b) of Code Section 14-2-1402, relating to dissolution by board of directors and shareholders, and inserting in lieu thereof the following:
(1) The board of directors must recommend dissolution shall also transmit to the shareholders a recommendation that the shareholders approve the proposed dissolution, unless the board of directors elects, makes the recommendation that because of a conflict conflicts of interest or other special circumstances, to make no recommendation and communicates the basis for its determination to the shareholders it should either refrain from making such a recommendation or recommend that the shareholders reject or vote against dissolution, in which case the board of directors shall transmit to the shareholders the basis for such determination; and
SECTION 18. Said title is further amended by striking Code Section 14-2-1504, relating to amended certificate of authority, and inserting in lieu thereof the following:

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14-2-1504. (a) A foreign corporation authorized to transact business in this state must obtain an amended certificate of authority from the Secretary of State if it changes:
(1) Its corporate name; (2) The period of its duration; or (3) The state or country of its incorporation. (b) The requirements of Code Section 14-2-1503 for obtaining an original certificate of authority apply to obtaining an amended certificate under this Code section. (c) If a foreign corporation authorized to transact business in this state converts into a foreign limited liability company: (1) The foreign corporation shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign limited liability company that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:
(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign corporation under this article shall constitute a certificate of authority issued under Code Section 14-11-704 to the foreign limited liability company resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly. (d) If a foreign corporation authorized to transact business in this state converts into a foreign limited partnership: (1) The foreign corporation shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign limited partnership that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given: (A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign corporation under this part shall constitute a certificate of authority issued under Code Section 14-9-903 to the foreign limited partnership resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly.
SECTION 19. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 14-2-1506, relating to corporate name of a foreign corporation, and inserting in lieu thereof the following:

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(2) A corporate name reserved or registered under Code Section 14-2-402 or 14-2-
403;
SECTION 20. Said title is further amended by striking Code Section 14-9-206.2, relating to election to become a limited partnership, and inserting in lieu thereof the following:
14-9-206.2. (a) A corporation, foreign corporation, limited liability company, foreign limited liability company, foreign limited partnership, general partnership, or foreign general partnership may elect to become a limited partnership. Such election shall require:
(1) Compliance with Code Section 14-2-1109.1 in the case of a Georgia corporation; or (2) Approval of all of its partners, members, or shareholders, or such other approval as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election, in the case of a foreign corporation, limited liability company, foreign limited liability company, foreign limited partnership, general partnership, or foreign general partnership; or (3) The approval of all of its partners, or such other approval as may be sufficient under applicable law to authorize such election, in the case of a general partnership. (b) Such election is made by delivery of a certificate of election conversion to the Secretary of State for filing. The certificate shall set forth: (1) The name of the corporation, limited liability company, or general partnership and jurisdiction of organization of the entity making the election; (2) That the corporation, limited liability company, or general partnership entity elects to become a limited partnership; (3) The effective date and time of such election if later than the date and time the certificate of election conversion is filed; (4) That the election has been approved as required by subsection (a) of this Code section; (5) That filed with the certificate of election conversion is a certificate of limited partnership that is in the form required by Code Section 14-9-201, that sets forth a name for the limited partnership that satisfies the requirements of Code Section 14-9102, and that shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until modified in accordance with this chapter; and (6) A statement that states setting forth either:
(A) The manner and basis for converting the shares of the corporation, the membership interests of the members of the limited liability company, or the interests of the partners in the general partnership ownership interests in the entity making the election into interests as members partners of the limited partnership formed pursuant to such election; or
(B)(i) That a written limited partnership agreement has been entered into among the persons who will be the members partners of the limited partnership formed

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pursuant to such election; (ii) That such limited partnership agreement will be effective immediately upon the effectiveness of such election; and (iii) That such limited partnership agreement provides for the manner and basis of such conversion. (c) Upon the election becoming effective the: (1) Corporation, limited liability company, or general partnership Electing entity shall become a limited partnership formed under this chapter by such election except that the existence of the limited partnership so formed shall be deemed to have commenced on the date the entity making the election commenced its existence in the jurisdiction in which such entity was first created, formed, incorporated, or otherwise came into being; (2) Ownership Shares of the corporation, interests in the limited liability company, or the interests of the partners of the general partnership entity making the election shall be converted on the basis stated or referred to in the certificate of election conversion in accordance with paragraph (6) of subsection (b) of this Code section; (3) Certificate of limited partnership filed with the certificate of election conversion shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until amended in accordance with this chapter; (4) Governing documents of the entity Articles of incorporation and bylaws of the corporation, articles of organization and operating agreement of the limited liability company, or partnership agreement and statement of partnership, if any, of the general partnership making the election shall be of no further force or effect; (5) Limited partnership formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the corporation, limited liability company, or general partnership entity making the election; and all property, real, personal, and mixed, all contract rights, and all debts due to such corporation, limited liability company, or general partnership entity, as well as all other choses in action, and each and every other interest of, belonging to, or due to the corporation, limited liability company, or general partnership entity making the election shall be taken and deemed to be vested in the limited partnership formed by such election without further act or deed; and the title to any real estate, or any interest in real estate, vested in the corporation, limited liability company, or general partnership entity making the election shall not revert or be in any way impaired by reason of such election; and none of such items shall be deemed to have been conveyed, transferred, or assigned by reason of such election for any purpose; and (6) Limited partnership formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the corporation, limited liability company, or general partnership entity making the election, and any claim existing or action or proceeding pending by or against such corporation, limited liability company, or general partnership entity may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the

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property of the corporation, limited liability company, or general partnership entity making such election shall be impaired by such election. (d) A conversion pursuant to this Code section shall not be deemed to constitute a dissolution of the entity making the election and shall constitute a continuation of the existence of the entity making the election in the form of a limited partnership. A limited partnership formed by an election pursuant to this Code section shall for all purposes be deemed to be the same entity as the entity making such election. (e) A limited partnership formed by the foregoing election pursuant to this Code section may file a copy of the foregoing election to become a limited partnership such certificate of conversion, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such limited partnership is located and record such certified copy of the election certificate of conversion in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a limited partnership indexed as the grantor and the limited partnership indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to the recordation of such election. (e)(f) The Secretary of State shall be authorized to promulgate such rules and charge such filing fees as are necessary to carry out the purpose of this Code section.
SECTION 21. Said title is further amended by adding a new Code Section 14-9-206.8 to the end of Article 2 of Chapter 9, relating to formation, amendment, cancellation, and merger, to read as follows:
14-9-206.8. (a) A limited partnership may elect to become a foreign limited liability company, a foreign limited partnership, or a foreign corporation, if such a conversion is permitted by the law of the state or jurisdiction under whose law the resulting entity would be formed. (b) To effect a conversion under this Code section, the limited partnership must adopt a plan of conversion that sets forth the manner and basis of converting the interests of the partners of the limited partnership into interests, shares, obligations, or other securities, as the case may be, of the resulting entity. The plan of conversion may set forth other provisions relating to the conversion. (c) The limited partnership shall have the plan of conversion authorized and approved by the unanimous consent of the partners, unless the limited partnership agreement of such limited partnership provides otherwise. (d) After a conversion is authorized, unless the plan of conversion provides otherwise, and at any time before the conversion has become effective, the planned conversion may be abandoned, subject to any contractual rights, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, by the unanimous consent of the partners of the limited partnership, unless the limited partnership agreement of such limited partnership provides otherwise. (e) The conversion shall be effected as provided in, and shall have the effects provided

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by, the law of the state or jurisdiction under whose law the resulting entity is formed and by the plan of conversion, to the extent not inconsistent with such law. (f) If the resulting entity is required to obtain a certificate of authority to transact business in this state by the provisions of this title governing foreign corporations, foreign limited partnerships, or foreign limited liability companies, it shall do so.
SECTION 22. Said title is further amended by striking the introductory language of Code Section 14-9902, relating to the certificate of authority for foreign limited partnerships, and inserting in lieu thereof the following:
(a) A foreign limited partnership transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited partnership shall submit to the Secretary of State an application for a certificate of authority as a foreign limited partnership, signed and sworn to by a general partner setting forth:
SECTION 23. Said title is further amended by striking Code Section 14-9-905, relating to change of name or state of an organization, and inserting in lieu thereof the following:
14-9-905. (a) A foreign limited partnership authorized to transact business in this state must obtain an amended certificate of authority from the Secretary of State if it changes its name or its state of organization. The requirements of Code Sections 14-9-902 and 149-903 for obtaining an original certificate of authority shall apply to obtaining an amended certificate under this Code section. (b) If a foreign limited partnership authorized to transact business in this state converts into a foreign limited liability company:
(1) The foreign limited partnership shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign limited liability company that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:
(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign limited partnership under this article shall constitute a certificate of authority issued under Code Section 14-11704 to the foreign limited liability company resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly. (c) If a foreign limited partnership authorized to transact business in this state converts into a foreign corporation:

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(1) The foreign limited partnership shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign corporation that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:
(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign limited partnership under this article shall constitute a certificate of authority issued under Code Sections 14-21501 and 14-2-1503 to the foreign corporation resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly.
SECTION 24. Said title is further amended by striking Code Section 14-11-212, relating to election to become a limited liability company, and inserting in lieu thereof the following:
14-11-212. (a) A corporation, limited foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership may elect to become a limited liability company. Such election shall require (1) compliance with Code Section 14-2-1109.1 in the case of a Georgia corporation, or (2) the approval of all of its partners, members or shareholders (or such other approval or compliance as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election) in the case of a foreign corporation, foreign limited liability company, limited partnership, or foreign limited partnership, or foreign general partnership. (b) Such election is made by delivering a certificate of election conversion to the Secretary of State for filing. The certificate shall set forth:
(1) The name of the corporation, limited partnership, or general partnership and jurisdiction of organization of the entity making the election; (2) That the corporation, limited partnership, or general partnership entity elects to become a limited liability company; (3) The effective date, or the effective date and time, of such election if later than the date and time the certificate of election conversion is filed; (4) That the election has been approved as required by subsection (a) of this Code section; (5) That filed with the certificate of election conversion are articles of organization that are in the form required by Code Section 14-11-204, that set forth a name for the limited liability company that satisfies the requirements of Code Section 14-11-207, and that shall be the articles of organization of the limited liability company formed pursuant to such election unless and until modified in accordance with this chapter; and

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(6) A statement that setting forth either (A) states the manner and basis for converting the shares of the corporation or the interests of the partners in the limited partnership or general partnership ownership interests in the entity making the election into interests as members of the limited liability company formed pursuant to such election, or (B) states (i) that a written operating agreement has been entered into among the persons who will be the members of the limited liability company formed pursuant to such election, (ii) that such operating agreement will be effective immediately upon the effectiveness of such election, and (iii) that such operating agreement provides for the manner and basis of such conversion. (c) Upon the election becoming effective: (1) The corporation, limited partnership, or general partnership electing entity shall become a limited liability company formed under this chapter by such election except that the existence of the limited liability company so formed shall be deemed to have commenced on the date the entity making the election commenced its existence in the jurisdiction in which such entity was first created, formed, incorporated, or otherwise came into being; (2) The shares of the corporation or the interests of the partners of the limited partnership or general partnership ownership interests in the entity making the election shall be converted on the basis stated or referred to in the certificate of election conversion in accordance with paragraph (6) of subsection (b) of this Code section; (3) The articles of organization filed with the certificate of election conversion shall be the articles of organization of the limited liability company formed pursuant to such election unless and until amended in accordance with this chapter; (4) The articles of incorporation and bylaws of the corporation, certificate of limited partnership and partnership agreement of the limited partnership, or partnership agreement and statement of partnership, if any, of the general partnership governing documents of the entity making the election shall be of no further force or effect; (5) The limited liability company formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the corporation, limited partnership, or general partnership entity making the election; and all property, real, personal, and mixed, all contract rights, and all debts due to such corporation, limited partnership, or general partnership entity, as well as all other choses in action, and each and every other interest of or belonging to or due to the corporation, limited partnership, or general partnership entity making the election shall be taken and deemed to be vested in the limited liability company formed by such election without further act or deed; and the title to any real estate, or any interest therein, vested in the corporation, limited partnership, or general partnership entity making the election shall not revert or be in any way impaired by reason of such election; and none of such items shall be deemed to have been conveyed, transferred, or assigned by reason of such election for any purpose; and (6) The limited liability company formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the

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corporation, limited partnership, or general partnership entity making the election, and any claim existing or action or proceeding pending by or against such corporation, limited partnership, or general partnership entity may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the property of the corporation, limited partnership, or general partnership entity making such election shall be impaired by such election. (d) A conversion pursuant to this Code section shall not be deemed to constitute a dissolution of the entity making the election and shall constitute a continuation of the existence of the entity making the election in the form of a limited liability company. A limited liability company formed by an election pursuant to this Code section shall for all purposes be deemed to be the same entity as the entity making such election. (e) A limited liability company formed by an election pursuant to this Code section may file a copy of such election to become a limited liability company certificate of conversion, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such limited liability company is located and record such certified copy of the election certificate of conversion in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a limited liability company indexed as the grantor and the limited liability company indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to recordation of such election.
SECTION 25. Said title is further amended by striking Code Section 14-11-706, relating to amended certificate required for change of name or jurisdiction of organization, and inserting in lieu thereof the following:
14-11-706. (a) A foreign limited liability company authorized to transact business in this state must procure an amended certificate of authority from the Secretary of State if it changes its name or its jurisdiction of organization. The requirements of Code Sections 14-11-702 and 14-11-704 for procuring an original certificate of authority shall apply to procuring an amended certificate under this Code section. (b) If a foreign limited liability company authorized to transact business in this state converts into a foreign limited partnership:
(1) The foreign limited liability company shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign limited partnership that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:
(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign limited liability company under this article shall constitute a certificate of authority issued under Code Section

TUESDAY, FEBRUARY 14, 2006

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14-11-903 to the foreign limited partnership resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly. (c) If a foreign limited liability company authorized to transact business in this state converts into a foreign corporation: (1) The foreign limited liability company shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign corporation that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given: (A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign limited liability company under this article shall constitute a certificate of authority issued under Code Section 14-2-1501 to the foreign corporation resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly.
SECTION 26. Said title is further amended by adding a new Code Section 14-11-906 to the end of Article 9 of Chapter 11, relating to merger, to read as follows:
14-11-906. (a) A limited liability company may elect to become a foreign limited liability company, a foreign limited partnership, or a foreign corporation, if such a conversion is permitted by the law of the state or jurisdiction under whose law the resulting entity would be formed. (b) To effect a conversion under this Code section, the limited liability company must adopt a plan of conversion that sets forth the manner and basis of converting the interests of the members of the limited liability company into interests, shares, obligations, or other securities, as the case may be, of the resulting entity. The plan of conversion may set forth other provisions relating to the conversion. (c) The limited liability company shall have the plan of conversion authorized and approved by the unanimous consent of the members, unless the articles of organization or a written operating agreement of such limited liability company provides otherwise. (d) After a conversion is authorized, unless the plan of conversion provides otherwise, and at any time before the conversion has become effective, the planned conversion may be abandoned, subject to any contractual rights, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, by the unanimous consent of the members of the limited liability company, unless the articles of organization or a written operating agreement of such limited liability company provides otherwise. (e) The conversion shall be effected as provided in, and shall have the effects provided by, the law of the state or jurisdiction under whose law the resulting entity is formed

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and by the plan of conversion, to the extent not inconsistent with such law. (f) If the resulting entity is required to obtain a certificate of authority to transact business in this state by the provisions of this title governing foreign corporations, foreign limited partnerships, or foreign limited liability companies, it shall do so.
SECTION 27. Said title is further amended by adding a new paragraph (16) to subsection (a) of Code Section 14-11-1101, relating to filing fees and penalties, to read as follows:
(16) All foreign entity conversions....................................................................95.00

SECTION 28. Said title is further amended by striking subsection (a) of Code Section 14-11-1002, relating to right to dissent, and inserting in lieu thereof the following:
(a) Unless otherwise provided by the articles of organization or a written operating
agreement, a record member of the limited liability company is entitled to dissent from, and obtain payment of the fair value of his or her membership interest in the event of, any of the following actions:
(1) Consummation of a plan of merger to which the limited liability company is a party if approval of less than all of the members of the limited liability company is required for the merger by the articles of organization or a written operating agreement and the member is entitled to vote on the merger; (2) Consummation of a plan of conversion pursuant to Code Section 14-2-1109.2 or 14-11-906; (3) Consummation of a sale, lease, exchange, or other disposition of all or substantially all of the property of the limited liability company if approval of less than all of the members is required by the articles of organization or a written operating agreement and the member is entitled to vote on the sale, lease, exchange, or other disposition, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distributed to the members within one year after the date of sale; (3)(4) An amendment of the articles of organization that materially and adversely affects rights in respect of a dissenters membership interest in the limited liability company because it:
(A) Alters or abolishes a preferential right of the members interest; (B) Creates, alters, or abolishes a right in respect of redemption, including a provision respecting a sinking fund for the redemption or repurchase, of the membership interest; (C) Alters or abolishes a preemptive right of the holder of the membership interest to acquire additional interest or other securities; (D) Excludes or limits the right of the member to vote on any matter, other than a limitation by dilution through additional member contributions or other securities with similar voting rights; or

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(E) Cancels, redeems, or repurchases all or part of the membership interest of the class; or (4)(5) Any limited liability company action taken pursuant to a member vote to the extent that the articles of organization or a written operating agreement provides that voting or nonvoting members are entitled to dissent and obtain payment for their membership interests.
SECTION 29. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted.

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

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

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

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

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

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

SB 469, having received the requisite constitutional majority, was passed by substitute.

Senator Thomas of the 54th recognized members of the Georgia Rural Health Association, commended by SR 699, adopted previously.

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Senator Grant of the 25th introduced Miss Blair Harshbarger, commended by SR 846, adopted previously.
Senator Powell of the 23rd asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused.
Senator Tolleson of the 20th asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

The Calendar was resumed.

SB 373. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans licenses, honorary licenses, and other distinctive licenses, so as to provide for an honorary license for the unremarried surviving spouse or child of certain deceased military persons; to provide for conditions; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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421

E Harbison Y Harp
Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 373, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Casey Cagle District 49 121-G State Capitol Atlanta, GA 30334

Committees: Finance Science and Technology Banking and Financial Institutions Appropriations Natural Resources and the Environment

The State Senate Atlanta, Georgia 30334

I had planned on voting for SB 373 and my voting machine malfunctioned.

/s/ Casey Cagle

SB 385. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Insurance and Labor Committee offered the following substitute to SB 385:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, is amended by striking the Code section and inserting in lieu thereof a new Code Section 33-11-13 to read as follows:
33-11-13.
An insurer may invest in the obligations of any county, any incorporated city, town, or village, any school district, water district, sewer district, road district, or any special district, or any other political subdivision or public authority of any state, territory, or insular possession of the United States, or of the District of Columbia, or of the Canadian cities having that have a population of over 25,000 according to the most recent official census Census of Canada, which has not defaulted for a period of 120 days in the payment of interest upon, or for a period of more than one year in the payment of principal of, any of its bonds, notes, warrants, certificates of indebtedness, securities, or any other interest-bearing obligation during the five years immediately preceding the acquisition of the investment.

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

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

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

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

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

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

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

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423

Y Hamrick E Harbison Y Harp Y Heath N Henson

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

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 2.

SB 385, having received the requisite constitutional majority, was passed by substitute.

Senators Starr of the 44th and Seay of the 34th recognized representatives of Leadership Clayton County, commended by SR 802, adopted previously.

The Calendar was resumed.

HB 1080. By Representatives Golick of the 34th, Roberts of the 154th, Geisinger of the 48th, Freeman of the 140th, Chambers of the 81st 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 an income tax credit with respect to qualified child and dependent care expenses; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

Russell W. Hinton State Auditor (404) 656-2174

270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400

January 5, 2006

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Honorable Rich Golick State Representative State Capitol, Room 109 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 1080 (LC 18 4863-EC)

Dear Representative Golick:

This proposal would create a tax credit for child care expenses for eligible taxpayers. The Georgia credit would be computed as a percentage of the allowed federal credit. The credit is phased in over three years. In federal tax year 2006, the percentage of the credit allowed is 10%; this rises to 20% in tax year 2007 and to 30% in tax year 2008. The Georgia State University Fiscal Research Center provided the following analysis on the revenue impact of this bill:

This analysis assumes that the credit would operate under similar policies as the federal credit. The starting point of this estimate is data from IRS Statistics of Income. This data show that Georgia individual taxpayers claimed $106.9 million in federal child care credits in 2003. This total in federal credits claimed by Georgia taxpayers is projected forward based on actual and projected growth in total federal child care credits claimed by U.S. taxpayers.

The impact on Georgia's individual income tax revenue is then computed based on the allowed percentage in each tax year. The table below summarizes the calculations for tax years 2006 2010 and then translates these impacts to fiscal year impacts.
Child Care Tax Credit Estimated Loss in Revenue ($000s)

Tax Years

20 06

20 07

20 08

20 09

20 10

$ 11,784 $ 15,936 $ 22,646 $ 21,514 $ 20,507

Fiscal Year Impacts

FY 2006

FY 2007

FY 2008

FY 2009

FY 2010

$

- $ 11,784 $ 15,936 $ 22,646 $ 21,514

Note that the revenue loss from the credit declines because, under federal tax law, the

child and dependent care credit will no longer be applied as a credit to the Alternative

Minimum Tax base beginning in 2006. Under current federal law it is expected that an

increasing percentage of taxpayers will be subject to the AMT. Thus the number of

taxpayers eligible for the child care credit at the federal level will decline. In addition, the

projected growth in the federal credit assumes that some taxpayers switch from the child

care credit to cafeteria-type dependent care accounts.

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425

Respectfully,

/s/ Russell W. Hinton State Auditor

/s/ Shelley C. Nickel, 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 E 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 E Harbison Y Harp Y Heath Y Henson

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

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

On the passage of the bill, the yeas were 50, nays 0.

HB 1080, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th moved that the Senate adjourn until 9:30 a.m. Wednesday, February 15, 2006.

The motion prevailed, and the President announced the Senate adjourned at 11:37 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 15, 2006 Nineteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

Mr. President:

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

HB 972.

By Representatives Casas of the 103rd, Everson of the 106th, Cox of the 102nd and Maxwell of the 17th:

A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide that the Professional Standards Commission shall not require a course in computer skill competency for certification renewal but shall require a test in basic computer skill competency; to provide for certificated personnel to have the opportunity to take a basic computer skill competency test onsite at his or her assigned school; to provide for onsite proctors for the basic computer skill competency test; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1184. By Representatives Stephens of the 164th and Bryant of the 160th:

A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a

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subsidiary corporation for the foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1213. By Representatives McCall of the 30th, Roberts of the 154th, Royal of the 171st, Rogers of the 26th, Powell of the 29th and others:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to live poultry dealers, brokers, and market operators, so as to provide for disposal of dead poultry in accordance with methods for disposal of dead animals generally; to prohibit certain slaughter of poultry on the premises of dealers, brokers, and sales establishments; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1238. By Representatives Rice of the 51st, Mills of the 25th, Ehrhart of the 36th, Hill of the 21st, Coan of the 101st and others:
A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1240. By Representatives Coan of the 101st, Butler of the 18th, Knox of the 24th, Horne of the 71st, Cox of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to provide that the employer must provide notice to the employee within 60 days of the employees release to return to work with restrictions or limitations; to provide that an employee must submit charges within one year of the date of incurring mileage expenses or the right to collect such charges shall be deemed to be waived; to increase the maximum death benefit to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employees death; to require that physicians treating workers compensation claimants comply with provisions against self-referral; to make a conforming amendment to Chapter 1B of Title 43 of the O.C.G.A.,

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relating to patient self-referral; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1265. By Representatives Parsons of the 42nd, Manning of the 32nd, Golick of the 34th, Teilhet of the 40th, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3620), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1289. By Representative Parrish of the 156th:
A BILL to be entitled an Act to create a board of elections and registration for Candler County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1297. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Manning of the 32nd, Johnson of the 37th and others:
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, 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.

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HB 1298. By Representative Hanner of the 148th:
A BILL to be entitled an Act to create and establish the Preston-WestonWebster 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 Preston, the City of Weston, and the County of Webster; 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.
HB 1299. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Chattahoochee County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1303. By Representatives Johnson of the 37th, Ehrhart of the 36th, Manning of the 32nd, Parsons of the 42nd, Wix of the 33rd and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 845. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION remembering and honoring the life of Mr. U. H. Pittman, Jr.; and for other purposes.

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The following communication was received by the Secretary:
The State Senate Office of the President Pro Tempore
321 State Capitol Atlanta, Georgia 30334
February 14, 2006
Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30034
Dear Bob,
Please have the Journal reflect that Senator Bill Stephens is an ex-officio member of the Senate Rules Committee for the 2006 legislative session.
If you have any questions, please feel free to call me if you have any questions at 404.656.5109.
Sincerely,
/s/ Amanda D. Seals
The following Senate legislation was introduced, read the first time and referred to committee:
SB 546. By Senator Tate of the 38th:
A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, so as to change certain provisions relating to drivers exercise of due care and proper use of radios and mobile telephones while operating a motor vehicle; to prohibit certain uses of mobile telephones while operating a motor vehicle; to provide penalties for violations; to provide for warnings regarding the provisions of this Act during a limited period; to provide for studies and reports; to provide effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 547. By Senators Seabaugh of the 28th, Cagle of the 49th, Johnson of the 1st, Williams of the 19th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to provide for the recusal of board members when a conflict of interest exists; to provide for circumstances for removal of board members; to provide standards for offering education courses on appraising; to provide for certain conditions for the investigation of appraisers; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 548. By Senators Seabaugh of the 28th, Cagle of the 49th, Johnson of the 1st, Williams of the 19th, Stephens of the 27th and others:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons, so as to provide for the recusal of members of the Georgia Real Estate Commission; to provide for certain reasons for removing a member of the Georgia Real Estate Commission; to provide for grounds for denying a real estate license; to provide for the requirements for approving a license to a real estate licensing school; to allow for the regulation of granting, revoking, or suspending a real estate license; to provide for certain provisions relating to sanctions for violations committed by licensees, schools, and instructors; to provide for certain provisions relating to investigating complaints reported to the Georgia Real Estate Commission; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 549. By Senators Thomas of the 54th, Hooks of the 14th, Williams of the 19th, Douglas of the 17th, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to provide for the establishment of the State Medical Education Board Loan Repayment and Scholarship Trust Fund; to provide for receipts and expenditures from such fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

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SB 550. By Senators Thomas of the 54th, Johnson of the 1st, Balfour of the 9th, Meyer von Bremen of the 12th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for a collection and recovery program for mercury switches removed from end-oflife vehicles in this state; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for mercury minimization plans; to provide for review and approval of such plans; to provide for removal of mercury switches in accordance with such plans; to provide for reports; to provide for rules and regulations; to provide for penalties and enforcement; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 551. By Senators Reed of the 35th, Balfour of the 9th, Powell of the 23rd and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 552. By Senator Reed of the 35th:
A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers

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relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 553. By Senator Reed of the 35th:
A BILL to be entitled an Act to incorporate the City of Chattahoochee Hill Country in Fulton County; to provide for a charter for the City of Chattahoochee Hill Country; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SR 862. By Senators Golden of the 8th, Hooks of the 14th, Starr of the 44th, Brown of the 26th, Adelman of the 42nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to lower the debt ceiling on state general obligation debt and guaranteed revenue debt from 10 percent to 7 percent of the total state revenue receipts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Appropriations Committee.

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SR 864. By Senators Douglas of the 17th and Hudgens of the 47th:
A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes.
Referred to the Transportation Committee.

SR 865. By Senators Seabaugh of the 28th, Johnson of the 1st, Williams of the 19th, Golden of the 8th and Jones of the 10th:
A RESOLUTION urging electric utilities to consider building new nuclear power plants in Georgia; urging the Public Service Commission to encourage such consideration; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

SR 869. By Senator Reed of the 35th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the governing body of any county, municipality, or school district, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, to exempt the homesteads of peace officers and firefighters from all or any portion of its ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.

SR 870. By Senator Reed of the 35th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the governing body of any county, municipality, or school district, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, to exempt the homesteads of teachers from all or any portion of its ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes
Referred to the Finance Committee.

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435

SR 871. By Senator Reed of the 35th:
A RESOLUTION to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes
Referred to the Finance Committee.

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

HB 972. By Representatives Casas of the 103rd, Everson of the 106th, Cox of the 102nd and Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide that the Professional Standards Commission shall not require a course in computer skill competency for certification renewal but shall require a test in basic computer skill competency; to provide for certificated personnel to have the opportunity to take a basic computer skill competency test onsite at his or her assigned school; to provide for onsite proctors for the basic computer skill competency test; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

HB 1184. By Representatives Stephens of the 164th and Bryant of the 160th:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.

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HB 1213. By Representatives McCall of the 30th, Roberts of the 154th, Royal of the 171st, Rogers of the 26th, Powell of the 29th and others:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to live poultry dealers, brokers, and market operators, so as to provide for disposal of dead poultry in accordance with methods for disposal of dead animals generally; to prohibit certain slaughter of poultry on the premises of dealers, brokers, and sales establishments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

HB 1238. By Representatives Rice of the 51st, Mills of the 25th, Ehrhart of the 36th, Hill of the 21st, Coan of the 101st and others:
A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.

HB 1240. By Representatives Coan of the 101st, Butler of the 18th, Knox of the 24th, Horne of the 71st, Cox of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to provide that the employer must provide notice to the employee within 60 days of the employees release to return to work with restrictions or limitations; to provide that an employee must submit charges within one year of the date of incurring mileage expenses or the right to collect such charges shall be deemed to be waived; to increase the maximum death benefit to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employees death; to require that physicians treating workers compensation claimants comply with provisions against self-

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referral; to make a conforming amendment to Chapter 1B of Title 43 of the O.C.G.A., relating to patient self-referral; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 1265. By Representatives Parsons of the 42nd, Manning of the 32nd, Golick of the 34th, Teilhet of the 40th, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3620), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1289. By Representative Parrish of the 156th:
A BILL to be entitled an Act to create a board of elections and registration for Candler County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1297. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Manning of the 32nd, Johnson of the 37th and others:
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, so as to change the provisions relating to the

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compensation of the chairperson and the other commissioners of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1298. By Representative Hanner of the 148th:
A BILL to be entitled an Act to create and establish the Preston-WestonWebster 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 Preston, the City of Weston, and the County of Webster; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1299. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Chattahoochee County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1303. By Representatives Johnson of the 37th, Ehrhart of the 36th, Manning of the 32nd, Parsons of the 42nd, Wix of the 33rd and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of

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the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 288 SB 424 SB 474

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

Respectfully submitted, Senator Moody of the 56th District, Chairman

Mr. President:

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

HB 194 Do Pass by substitute HB 1107 Do Pass

SB 525 Do Pass SR 34 Do Pass by substitute

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

Mr. President:

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

SB 406 Do Pass by substitute SB 486 Do Pass

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

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Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the

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

following recommendation:

SB 462 Do Pass

SB 489 Do Pass as amended

SB 485 Do Pass as amended

SB 502 Do Pass by substitute

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

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

SR 760 Do Pass SR 823 Do Pass

Respectfully submitted, Senator Grant of the 25th 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 1155 Do Pass

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

The following legislation was read the second time:

HB 1137 SB 330

SB 436

SB 507

SB 522

SB 530

Senator Moody of the 56th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted and Senator Hill was excused.

Senator Jones of the 10th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted and Senator Brown was excused.

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441

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

Senator Grant of the 25th asked unanimous consent that Senator Whitehead of the 24th be excused. The consent was granted and Senator Whitehead was excused.

Senator Seabaugh of the 28th asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted and Senator Stephens was excused.

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

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

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

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

Not answering were Senators:

Brown (Excused) Hill, Jack (Excused) Stephens (Excused)

Douglas Pearson Whitehead (Excused)

Fort Seay (Excused) Zamarripa

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

Senators:

Fort

Pearson

The members pledged allegiance to the flag.

Senator Hamrick of the 30th introduced the chaplain of the day, Reverend Bob Allred of Carrollton, Georgia, who offered scripture reading and prayer.

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The following resolutions were read and adopted:
SR 859. By Senator Cagle of the 49th:
A RESOLUTION commending Kathy Evans; and for other purposes.
SR 860. By Senators Cagle of the 49th, Stephens of the 27th and Pearson of the 51st:
A RESOLUTION recognizing and commending Leadership Forsyth; and for other purposes.
SR 861. By Senators Miles of the 43rd, Jones of the 10th, Thompson of the 5th, Adelman of the 42nd, Henson of the 41st and others:
A RESOLUTION remembering and honoring the life of Mr. Porter Sanford III; and for other purposes.

SR 863. By Senator Butler of the 55th:
A RESOLUTION recognizing dental hygienists and Dental Hygienists Appreciation Day; and for other purposes
SR 866. By Senators Mullis of the 53rd, Zamarripa of the 36th, Thompson of the 5th, Hooks of the 14th, Whitehead, Sr. of the 24th and others:
A RESOLUTION commending the tourism industry in Georgia and establishing February 14, 2006, as a time to recognize that "Together, Tourism Works for Georgia"; and for other purposes

SR 867. By Senators Hill of the 4th, Kemp of the 46th, Stephens of the 27th and Rogers of the 21st:
A RESOLUTION commending Deputy Patrick Neal on winning the Peace Officer of the Year Award for Valor; and for other purposes

SR 868. By Senators Smith of the 52nd and Thomas of the 54th:
A RESOLUTION commending Dr. Raymond F. Corpe; and for other purposes.

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SR 872. By Senators Harp of the 29th, Golden of the 8th, Staton of the 18th and Chance of the 16th:

A RESOLUTION honoring and congratulating the Georgia Foundation for Independent Colleges, Inc., on its 50th anniversary; and for other purposes

Senator Thompson of the 33rd asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted and Senator Zamarripa was excused.

Senator Tolleson of the 20th asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted and Senator Bulloch was excused.

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

SENATE LOCAL CONSENT CALENDAR

Wednesday, February 15, 2006 Nineteenth Legislative Day

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

HB 1155

Goggans of the 7th COFFEE COUNTY

A BILL to be entitled an Act to amend an Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, so as to provide for the selection of a chairperson and vice chairperson; to provide that such chairperson and vice chairperson shall serve terms of one year; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour E Brown E Bulloch Y Butler Y Cagle

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

Y Smith Y Starr Y Staton E Stephens Y Stoner Y Tarver

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

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

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

On the passage of the local legislation, the yeas were 49, nays 0.

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

SR 435 SR 718 SR 764 SR 789
HB 1026

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 15, 2006 NINETEENTH LEGISLATIVE DAY
System of Stroke Care; urge Ga. to pass legislation to establish system (H&HS-55th)
Schmidt, Sr., Stephen J.; condolences (TRANS-41st)
Hamas; Palestinian elections; expressing dismay (RULES-32nd)
Community Health, Dept. of; Health/ Strategies Council; urge to revise Perinatal (Obstetric/Newborn Level 1) Service Area 3; Forsyth County (H&HS-27th)
Supplemental appropriations; FY 2005-2006 (Substitute) (APPROP-4th) Richardson-19th
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

WEDNESDAY, FEBRUARY 15, 2006

445

Senator Kemp of the 46th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted and Senator Goggans was excused.

Senator Seabaugh of the 28th asked unanimous consent that Senator Whitehead of the 24th be excused. The consent was granted and Senator Whitehead was excused.

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

SR 435. By Senator Butler of the 55th:

A RESOLUTION urging the State of Georgia to work toward the passage of legislation that will establish a system of stroke care for all state residents stricken by stroke; and for other purposes.

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

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

Y Adelman Y Balfour E 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

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

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

On the adoption of the resolution, the yeas were 49, nays 0.

SR 435, having received the requisite constitutional majority, was adopted.

446

JOURNAL OF THE SENATE

Senator Pearson of the 51st asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted and Senator Mullis was excused.
Senator Pearson of the 51st asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted and Senator Thomas was excused.

SR 718. By Senators Henson of the 41st and Weber of the 40th:
A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E 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

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

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

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

SR 718, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 15, 2006

447

SR 764. By Senators Hill of the 32nd, Rogers of the 21st, Balfour of the 9th, Tolleson of the 20th, Mullis of the 53rd and others:
A RESOLUTION expressing dismay at the success of Hamas in the Palestinian elections and calling for action; and for other purposes.

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

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

Y Adelman Y Balfour E 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

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

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

On the adoption of the resolution, the yeas were 47, nays 0.

SR 764, having received the requisite constitutional majority, was adopted.

SR 789. By Senators Stephens of the 27th and Pearson of the 51st:

A RESOLUTION urging the Department of Community Health and the Health Strategies Council to revise Perinatal (Obstetric/Newborn Level 1) Service Area 3 to include Forsyth County; and for other purposes.

448

JOURNAL OF THE SENATE

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

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

Y Adelman Y Balfour E 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

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

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

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

SR 789, having received the requisite constitutional majority, was adopted.

Senator Williams of the 19th moved that HB 1026 be referred to the Committee of the Whole Senate.

There were no objections and HB 1026 was referred to the Committee of the Whole Senate.

Senator Williams of the 19th moved that the Senate resolve itself into the Committee of the Whole Senate for the purpose of considering HB 1026.

WEDNESDAY, FEBRUARY 15, 2006

449

There were no objections and the Senate resolved into the Committee of the Whole Senate.

Senator Eric Johnson, President Pro Tempore, assumed the Chair as Chairman of the Committee of the Whole Senate.

The President Pro Tempore announced the Committee of the Whole Senate dissolved.

The President resumed the Chair, and the Senate reconvened.

Senator Johnson of the 1st, Chairman of the Committee of the Whole Senate, rose and reported that the Committee of the Whole Senate had considered HB 1026 and recommended that HB 1026 do pass by the Senate Appropriations Committee substitute as amended by the Committee of the Whole Senate.

The President announced the recommendation by the Committee of the Whole Senate to the Senate.

The Calendar was resumed.

HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).
Senate Sponsor: Senator Hill of the 4th.

The Senate Appropriations Committee offered the following substitute to HB 1026:

450

JOURNAL OF THE SENATE

A BILL TO BE ENTITLED AN ACT To amend an Act providing appropriations for the State Fiscal Year 2005-2006 known as the "General Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), so as to change certain appropriations for the State Fiscal Year 2005-2006; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act providing appropriations for the State Fiscal Year 2005-2006, as amended, known as the "General

Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), is further amended by striking everything following

the enacting clause through Section 57, and by substituting in lieu thereof the following: That the sums of money

hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006:

H.B. 1026

Governor House

SAC

Revenue Sources Available for Appropriation

TOTAL STATE FUNDS

$17,850,546,801 $17,850,546,801 $17,850,546,801

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

Lottery Proceeds

$811,629,758 $811,629,758 $811,629,758

State Motor Fuel Taxes

$850,940,019 $850,940,019 $850,940,019

Revenue Shortfall Reserve for K-12 Needs

$158,139,967 $158,139,967 $158,139,967

State General Funds

$15,870,210,305 $15,870,210,305 $15,870,210,305

Tobacco Settlement Funds

$156,626,752 $156,626,752 $156,626,752

TOTAL FEDERAL FUNDS

$8,851,355,116 $8,848,580,193 $9,264,317,574

21 Century Community Learning Centers CFDA84.287

$28,930,500

$28,930,500

$29,414,744

Abstinence Education Program CFDA 93.235

$2,438,017

Adoption Assistance CFDA93.659

$25,948,375

$25,948,375

$25,948,375

Adoption Opportunities CFDA 93.652

$4,236,423

Adult Education State Grant Program CFDA84.002

$7,021,333

$7,021,333

$7,021,333

Advanced Placement Program CFDA84.33

$233,948

$233,948

$233,948

Aging Supportive Services & Senior Centers CFDA93.044

$27,262,927

$27,262,927

$27,262,927

Airport Improvement Program CFDA20.106

$6,000,000

$6,000,000

$6,000,000

Appalachian Regional Commission CFDA23.011

$172,825

$172,825

$172,825

Asset Forfeiture CFDA99.OFA

$592,917

WEDNESDAY, FEBRUARY 15, 2006
Assistance to Firefighters Grant CFDA97.044 Boating Safety CFDA97.011 Bulletproof Vest Partnership Program CFDA16.607 Byrd Honors Scholarship CFDA84.185 Byrne Formula Grant Program CFDA16.579 Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CDC-Investigations & Technical Assistance CFDA93.283 CMS Research, Demonstrations & Evaluations CFDA93.779 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 Chafee Foster Care Independence Program CFDA93.674 Charter School CFDA84.282 Child & Adult Care Food Program CFDA10.558 Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Child Care Development Fund Unobligated Balance Child Support Enforcement Research CFDA93.564 Child Support Enforcement Title IV-D CFDA93.563 Child Welfare Services - State Grants Title IV-B CFDA93.645 Children's Justice Grants to States CFDA 93.643 Community Development Block Grants/State's Program CFDA14.228 Community Mental Health Services Block Grant CFDA93.958 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Community Services Block Grant CFDA93.569 Compensation & Working Conditions CFDA17.005 Comprehensive School Reform Demonstration CFDA84.332 Consolidated Health Centers CFDA93.224 Consolidated Pesticide Enforcement CFDA66.700

451

$169,180
$1,212,000 $11,238,527
$50,000 $6,533,524
$1,754,322 $7,502,171 $2,950,835 $76,426,261 $74,410,706
$8,760,828 $43,224,222
$9,134,451
$31,410,041
$13,063,235 $158,788
$17,185,183 $2,418,425
$17,598,813
$675,000

$169,180
$1,212,000 $11,238,527
$50,000 $6,533,524
$1,754,322 $7,502,171 $2,950,835 $76,426,261 $74,410,706
$8,760,828 $43,224,222
$9,134,451
$31,410,041
$13,063,235 $158,788
$17,185,183 $2,418,425
$17,598,813
$675,000

$14,075 $489,118
$1,431 $1,212,000 $20,537,096
$900,507 $1,117,414 $25,583,694 $6,605,994
$252,430 $163,702 $1,754,322 $7,502,171 $2,950,835 $76,426,261 $74,410,706 $74,600,427 $8,760,828 $64,444,341 $6,059,265 $122,800 $44,810,041
$13,063,235 $710,321
$17,185,183 $2,418,425
$17,598,813 $500,000 $675,000

452

JOURNAL OF THE SENATE

Cooperative Forestry Assistance CFDA10.664 Corporation for National & Community Services CFDA94.003 Crime Laboratory Improvement-DNA Backlog Reduction CFDA16.564 Crime Victim Assistance CFDA16.575 Crime Victim Assistance/Discretionary Grants CFDA16.582 Crime Victim Compensation CFDA16.576 Developmental Disabilities Basic Support & Advocacy CFDA93.630 Disabled Veterans' Outreach Program CFDA17.801 DOE Savannah River Site CFDA81.104 Education for Homeless Children & Youth CFDA84.196 Education Technology State Grants CFDA84.318 Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580 Emergency Management Performance Grants CFDA97.042 Employment & Training Admin. Pilots, Demonstrations, & Research CFDA17.261 Employment Discrimination CFDA30.001 Employment Service CFDA17.207 Employment Svcs-Individuals with Severe Disabilities CFDA84.187 English Language Acquisition Grants CFDA84.365 Environmental Protection Consolidated Research CFDA66.500 Even Start State Educational Agencies CFDA84.213 Fair Housing Assistance Program CFDA14.401 Family Planning Services CFDA93.217 Family Violence Prevention-Battered Women's Shelters CFDA93.671 Federal Highway Administration Planning & Construction CFDA20.205

$612,000 $475,767 $127,909
$10,608,946 $51,446
$160,677 $2,248,393
$2,295,499
$2,015,760 $20,066,284
$3,885,614
$72,000 $20,814,198
$910,195 $11,017,920
$7,338,231 $315,217
$6,207,725 $284,186
$742,002,072

$612,000 $475,767 $127,909
$10,608,946 $51,446 $160,677
$2,248,393
$2,295,499
$2,015,760 $20,066,284
$3,885,614
$72,000 $20,814,198
$910,195 $11,017,920
$7,338,231 $315,217
$6,207,725 $284,186
$742,002,072

$633,220 $195,428 $127,909
$10,765,755 $51,446 $160,677
$2,248,393
$2,295,499 $26,578
$2,015,760 $20,066,284
$673,079
$3,885,614 $763,080
$72,000 $20,814,198
$910,195 $11,017,920
$62,350 $7,338,231
$405,717 $6,304,788
$284,186
$742,451,325

WEDNESDAY, FEBRUARY 15, 2006
Federal Transit Administration Capital Investment Grants CFDA20.500
Federal Transit Formula Grants CFDA20.507 Fish & Wildlife Service CFDA15.631 Flood Plain - FEMA CFDA83.103 Food & Drug Administration Research CFDA93.103 Foster Care Title IV-E CFDA93.658 Grant to Local Educational Agencies CFDA84.010 Grants for State Assessments & Related Activities CFDA84.369 Grants to States for Access & Visitation Programs CFDA93.597 Head Start Coordination CFDA93.600 Historic Preservation Fund Grants-In-Aid CFDA15.904 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 HUD-Section 8 CFDA14.156 HIV & AIDS Surveillance Programs CFDA93.944 Immunization Grants CFDA93.268 Improving Teacher Quality State Grant CFDA84.367 Independent Living-State Grants CFDA84.169 Hazardous Materials Public Sector Training & Planning CFDA20.703 Intrastate Meat & Poultry Inspection CFDA10.475 Juvenile Justice & Delinquency Prevention CFDA16.54 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 Learn & Serve America-School & Community Programs CFDA94.004 Learn & Serve School Based Grants CFDA94.006 Leveraging Educational Assistance Partnership Program CFDA84.069 Literacy Programs for Prisoners CFDA84.255

453

$357,997,928 $357,997,928 $357,997,928

$12,858,431 $322,504
$45,000 $79,473,308 $314,269,936 $10,236,191
$274,295 $175,000 $490,000 $2,578,954 $3,634,743 $56,507,415 $581,648 $1,303,416 $74,583,137 $514,980 $121,237

$12,858,431 $322,504
$45,000 $79,473,308 $314,269,936 $10,236,191
$274,295 $175,000 $490,000 $2,578,954 $3,634,743 $56,507,415 $581,648 $1,303,416 $74,583,137 $514,980 $121,237

$12,858,431 $322,504 $26,284 $45,000
$79,473,308 $314,269,936 $10,236,191
$274,295 $175,000 $544,351 $32,239,857 $5,303,885 $58,351,395 $581,648 $4,425,577 $76,406,730 $514,980 $121,237

$6,005,308 $1,861,000
$1,044,131

$6,005,308 $1,861,000
$1,044,131

$6,005,308 $3,194,389
$155,385 $1,144,809 $1,044,131

$5,000,000 $520,653

$5,000,000 $520,653

$5,000,000 $522,134

$198,085

454

JOURNAL OF THE SENATE

Local Law Enforcement Block Grants Program CFDA16.592 Local Veterans' Employment Representative Program CFDA17.804 Low-Income Home Energy Assistance CFDA93.568 Manufactured Home Construction & Safety Standards CFDA14.171 Manufacturing & Services CFDA11.11 Market News CFDA10.153 Maternal and Child Health Federal Consolidated Programs CFDA93.11 Maternal & Child Health Services Block Grant CFDA93.994 Mathematics & Science Partnerships CFDA84.366 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Medicare - Supplementary Medical Insurance Program CFDA93.774 Migrant Education State Grant Program CFDA84.011 Military Construction, National Guard CFDA12.400 Missing Children's Assistance CFDA16.543 National Assessment of Educational Progress CFDA84.902 National Criminal History Improvement Program CFDA16.554 National Guard Civilian Youth Opportunities CFDA12.404 National Guard Military O & M Projects CFDA12.401 National Motor Carrier Safety Administration CFDA20.218 National School Lunch Program CFDA10.555 Nat'l Institute of Justice Research Evaluation & Development CFDA16.560 Nine Mile Fire Grant CFDA10.644 Offender Reentry Program CFDA16.202 Outdoor Recreation Acquisition, Development & Planning CFDA15.916

$96,333 $2,180,726

$96,333 $2,180,726

$846,170 $2,180,726

$19,957,242 $755,000

$19,957,242 $755,000

$19,957,242 $755,000

$4,808 $111,852

$4,808 $111,852

$4,808 $111,852 $611,966

$17,348,033 $4,227,616
$4,585,068,585 $1,314,963 $9,281,187

$17,348,033 $4,227,616
$4,581,790,914 $1,314,963 $9,281,187

$17,348,033 $4,227,616
$4,534,831,259 $1,485,704 $9,281,187

$10,515,138 $5,346,232
$128,072
$5,329,151 $25,451,170
$2,561,998 $243,171,381

$10,515,138 $5,346,232
$128,072
$5,329,151 $25,451,170
$2,561,998 $243,174,129

$10,515,138 $5,346,232 $148,151 $128,072 $1,607,960 $5,352,965
$28,201,173 $4,439,670
$243,174,129 $311,371

$200,000 $500,000 $845,941

$200,000 $500,000 $845,941

$200,000 $835,291 $845,941

WEDNESDAY, FEBRUARY 15, 2006
Part D-Research, Evaluation, Technical Assistance & Training CFDA16.542
Part E State Challenge Activities CFDA16.549 Payments to Ag Experiment Stations Under the Hatch Act CFDA10.203 Pension to Veterans, Surviving Spouses, & Children CFDA64.105 Pipeline Safety CFDA 20.700 Plant and Animal Disease, Pest Control, & Animal Care CFDA10.025 Police Corps CFDA16.712 Post-Vietnam Era Veterans' Educational Assistance CFDA64.12 PPG CFDA 66.605 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Preventive Services-Sexually Transmitted Diseases Control CFDA93.977 Program for Neglected and Delinquent Children CFDA84.013 Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041 Grants & Agreements for Tuberculosis Control Programs CFDA93.116 Promoting Safe and Stable Families CFDA 93.556 Promotion of the Arts CFDA 45.025 Public Assistance Grants CFDA 97.036 Public Health and Social Services Emergency Fund CFDA93.003 Radon Awareness Grant CFDA 66.032 Reading First State Grant CFDA 84.357 Reduce & Prevent - Children's Exposure to Violence Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Refugee & Entrant Assistance Programs CFDA93.566

455

$9,691,144
$4,246,050 $273,311 $235,000
$654,266 $3,363,161 $50,960,435
$4,203,960 $2,297,423
$845,581 $95,389
$1,613,061
$710,524 $70,621
$73,850 $57,178,909
$100,000 $758,080 $3,185,007

$9,691,144
$4,246,050 $273,311 $235,000
$654,266 $3,363,161 $50,960,435
$4,203,960 $2,297,423
$845,581 $95,389 $1,613,061
$710,524 $70,621
$73,850 $57,178,909
$100,000 $758,080 $3,185,007

$200,000
$324,485 $9,691,144
$4,246,050 $273,311 $235,000
$97,575 $654,266 $4,999,889 $52,613,879
$5,258,723 $2,297,423
$1,072,991 $95,389
$2,121,668
$10,031,542 $714,630
$17,045,918 $8,369,836
$73,850 $57,178,909
$759,080 $3,622,362

456

JOURNAL OF THE SENATE

Rehab Services-Vocational Rehabilitation Grants to States CFDA84.126
Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Resource Conservation & Development CFDA10.901 Rural Domestic Violence & Child Victimization CFDA16.589 Rural Education CFDA84.358 Safe and Drug-free Schools and Communities CFDA84.186 Safety Incentives to Prevent Oper.of Vehicles by Intoxicated Persons CFDA20.605 School Breakfast Program CFDA10.553 Senior Community Service Employment Program CFDA 17.235 Social Security Disability Insurance CFDA 96.001 Social Services Block Grant CFDA 93.667 Special Ed-Infants & Families with Disabilities CFDA84.181 Special Education Grants to States CFDA 84.027 Special Education Preschool Grants CFDA 84.173 Special Programs for the Aging Nutrition Services CFDA 93.045 Sport Fish Restoration CFDA15.605 Spouse to Teachers CFDA12.999 State Administrative Expenses for Child Nutrition CFDA10.560 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 State and Community Highway Safety CFDA20.600 State and Local Homeland Security Training Program CFDA97.005 State and Tribal Response Program Grants CFDA66.804 State Children's Insurance Program CFDA93.767 State Court Improvement Program CFDA93.586 State Criminal Alien Assistance Program CFDA16.606 State Domestic Preparedness Equipment Support CFDA97.004 State Fire Training Systems Grants CFDA97.043

$73,274,003
$288,204 $1,992,888
$10,000 $177,373 $7,310,226 $10,079,104
$38,947,956 $1,987,166
$56,275,688 $55,370,733
$4,095,607 $270,178,855 $10,025,518
$3,264,969 $1,306,138
$1,700,000 $73,311,026
$3,166,937
$182,483,580
$8,005,531

$73,274,003
$288,204 $1,992,888
$10,000 $177,373 $7,310,226 $10,079,104
$38,947,956 $1,987,166
$56,275,688 $55,370,733
$4,095,607 $270,178,855 $10,025,518
$3,264,969 $1,306,138
$1,700,000 $73,311,026
$3,166,937
$182,483,580
$8,005,531

$73,601,172
$1,231,194 $2,206,545
$10,000 $177,373 $7,310,226 $12,553,321 $1,503,602
$38,947,956 $1,987,166
$56,292,209 $55,370,733
$4,732,626 $271,432,582 $10,025,518
$4,089,850 $4,755,638
$25,832 $1,700,000 $91,978,207 $9,257,294
$379,429 $20,000 $182,483,580 $718,274 $8,005,531 $16,455,078 $84,600

WEDNESDAY, FEBRUARY 15, 2006

457

State Grants for Innovative Programs CFDA84.298 State Justice Statistics-Statistical Analysis Centers CFDA16.550 State Library Program CFDA 45.310 State Medicaid Fraud Control Units CFDA 93.775 State Planning Grants CFDA93.256 Survey & Certification of Health Care Providers/Suppliers CFDA93.777 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Supplemental Nutrition -Women Infants & Children CFDA10.557 Support School Health Programs CFDA93.938 Tech-Prep Education CFDA84.243 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Block Grant CFDA 93.558
TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated Balance Transition to Teaching CFDA84.350 Troops to Teachers CFDA84.815 USDA Natural Resources Conservation Service CFDA10.902 UIC State Match CFDA66.433 Unemployment Insurance CFDA17.225 Urban Areas Security Initiative CFDA97.008 Veterans Information and Assistance CFDA 64.115 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration&Truth in Sentencing CFDA16.586 Vocational Education Basic Grants CFDA84.048 Vocational Education Occupation&Employment Info CFDA84.346 Water Quality Management Planning CFDA66.454 Wildlife Restoration CFDA15.611

$8,458,565 $50,000
$2,509,208
$85,363,000 $6,174
$3,255,308 $372,028,378 $318,725,882
$23,602,496 $29,700,000 $146,790,241
$111,930 $750,000
$40,832,695 $84
$6,083,835 $3,500,000 $2,313,788 $51,967,533
$169,459 $223,022 $3,822,335

$8,458,565 $50,000
$2,509,208
$85,363,000 $6,174
$3,255,308 $372,028,378 $318,725,882
$23,602,496 $29,700,000 $146,790,241
$111,930 $750,000
$40,832,695 $84
$6,083,835 $3,500,000 $2,313,788 $51,967,533
$169,459 $223,022 $3,822,335

$8,487,621 $50,000
$2,509,208 $1,305,438
$186,478 $28,100
$898,442
$233,202,281 $6,174
$3,255,308 $372,028,378 $351,913,870
$20,114,508
$146,790,241 $1,106,477 $414,799 $750,000 $17,598
$40,832,695 $84
$6,083,835 $3,900,752 $5,667,297 $52,125,310
$169,459 $750,194 $4,293,275

458

JOURNAL OF THE SENATE

Workforce Investment Act Adult Program CFDA17.258 Workforce Investment Act Dislocated Workers CFDA17.260 Workforce Investment Act Youth Activities CFDA17.259 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
Donations Forfeitures TANF Maintenance-of-Effort from External Sources Reserved Fund Balances Agency Funds Prior Year Federal Funds Prior Year Flexible Spending Account Fund Hazardous Waste Trust Fund Lottery Prior Year Funds Motor Fuel Prior Year Funds Solid Waste Trust Fund State Housing Trust Fund Universal Service Fund Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Authority/local government payments to state agencies Bond Proceeds from prior year Hospital Authorities Jekyll Island State Park Authority Bond Payback Lake Lanier Islands Development Authority Bond Payback National Center for Education Assistance Grant North Georgia Mountain Authority Bond Payback University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Purchasing Card rebates

$19,029,386 $23,984,118 $18,547,681 $3,616,407,775 $80,715,877 $45,921,734
$794,143 $20,000,000 $355,481,806 $324,069,386
$3,940,309 $1,161,033
$103,913 $1,951,394 $21,799,287
$9,715 $2,446,769 $5,502,249 $5,502,249 $1,684,221,085 $17,829,893
$150,859,344 $940,190 $665,965 $93,486
$1,434,982 $1,512,397,225
$41,378,686 $147,831

$19,029,386 $23,984,118 $18,547,681 $3,604,389,109 $66,715,877 $45,921,734
$794,143 $20,000,000 $355,481,806 $324,069,386
$3,940,309 $1,161,033
$103,913 $1,951,394 $21,799,287
$9,715 $2,446,769 $5,502,249 $5,502,249 $1,686,179,916 $18,062,053
$152,586,015 $940,190 $665,965 $93,486
$1,434,982 $1,512,397,225
$41,378,686 $147,831

$19,029,386 $23,984,118 $18,547,681 $3,732,850,534 $66,762,472 $45,946,929
$815,543 $20,000,000 $362,757,150 $330,110,224
$3,940,309 $1,357,730
$603,913 $1,951,394 $21,799,287
$530,850 $16,674
$2,446,769 $6,889,192 $6,889,192 $1,702,850,836 $27,066,853
$235,701 $152,586,015
$940,190 $665,965 $93,486 $1,434,982 $1,519,827,644 $55,798,416 $147,831

WEDNESDAY, FEBRUARY 15, 2006

459

Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents
Armory Rent Diversion Center Maintenance - Room and Board Royalties and Rents Not Itemized Sales and Services Academic Department Income Advanced Technology Development Center Income Agricultural Experiment Station Income Auxiliary Services Billeting Fund Collection/Administrative Fees Cooperative Extension Service Income Forest Protection Fees Forestry Cooperative Extension Income Forestry Research Income General Educational Development Fees Georgia Tech Research Institute Income Income Received by Georgia Institute for the Blind For Goods Sold Inmate Details - City and County Inmate Details - DOT Inmate Details - Georgia Correctional Industries Administration Inmate Store Revenues Park Receipts Patient Payments from Third Party Insurers per 31-2-2 and Patients Permits Public Service Institute Income Regulatory Fees Sales and Services Not Itemized

$41,230,855 $3,956,922 $59,889 $2,876,632 $1,020,401
$1,445,151,150 $124,366,766 $4,175,000 $4,036,286 $825,000 $645,694 $16,465,429 $2,422,894 $2,127,444
$1,121,886 $7,700,000 $11,099,375

$41,230,855 $3,956,922 $59,889 $2,876,632 $1,020,401
$1,445,173,653 $124,366,766 $4,175,000 $4,036,286 $825,000 $645,694 $16,465,429 $2,422,894 $2,127,444
$1,121,886 $7,700,000 $11,099,375

$55,650,585 $7,021,687 $59,889 $2,876,632 $4,085,166
$1,530,623,838 $131,225,062 $4,335,461 $4,036,286 $825,000 $645,694 $25,091,290 $2,872,894 $2,127,444 $4,000 $130,000 $1,121,886 $7,700,000 $11,099,375

$3,695,594 $928,607 $716,139
$2,667,242 $14,979,745 $116,547,274

$3,695,594 $951,110 $716,139
$2,667,242 $14,979,745 $116,547,274

$5,306,824 $5,519,943 $1,251,639 $3,067,243 $16,979,745 $119,333,308

$11,223,138 $2,716,998
$10,939,896 $78,827,759

$11,223,138 $2,716,998
$10,939,896 $78,827,759

$11,223,138 $2,716,998
$54,336,077 $84,763,200

460

JOURNAL OF THE SENATE

Seedling Sales SHBP Participating Hospital Fee for School Nurses Sick Call Fees Surplus Property Sales Telephone Commissions Timber Sales Training Fees Tuition and Fees for Higher Education Veterinary Medicine Income TOTAL INTRA-STATE GOVERNMENT TRANSFERS Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Retirement Payments Risk Management Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS State Motor Fuel Taxes

$1,930,927 $30,000,000
$200,000 $2,684,836 $8,264,209
$496,538 $1,053,769 $975,592,705 $6,700,000 $2,767,288,615 $8,855,794
$601,308 $12,237,827
$657,795 $2,211,159,749
$21,006,280 $51,741,328
$1,612,810 $11,733,724
$545,598 $2,668,981 $319,588,258 $20,659,798 $39,628,196
$704,517 $8,045,289 $55,841,363 $30,318,309,692

$1,930,927 $30,000,000
$200,000 $2,684,836 $8,264,209
$496,538 $1,053,769 $975,592,705 $6,700,000 $2,767,288,615 $8,855,794
$601,308 $12,237,827
$657,795 $2,211,159,749
$21,006,280 $51,741,328
$1,612,810 $11,733,724
$545,598 $2,668,981 $319,588,258 $20,659,798 $39,628,196
$704,517 $8,045,289 $55,841,363 $30,303,516,103

$1,930,927 $30,000,000
$360,000 $2,992,836 $12,869,551
$896,538 $1,292,890 $977,868,589 $6,700,000 $2,787,090,583 $8,855,794
$681,308 $20,513,175
$657,795 $2,211,159,749
$31,028,280 $51,741,328
$1,626,310 $13,044,844
$545,598 $2,768,981 $319,588,258 $20,659,798 $39,628,196
$704,517 $8,045,289 $55,841,363 $30,847,714,909

$444,640,208 $60,940,019

$444,640,208 $60,940,019

$444,640,208 $60,940,019

WEDNESDAY, FEBRUARY 15, 2006
Revenue Shortfall Reserve for K-12 Needs State General Funds TOTAL FEDERAL FUNDS 21 Century Community Learning Centers CFDA84.287 Abstinence Education Program CFDA 93.235 Adoption Assistance CFDA93.659 Adoption Opportunities CFDA 93.652 Asset Forfeiture CFDA99.OFA Assistance to Firefighters Grant CFDA97.044 Boating Safety CFDA97.011 Bulletproof Vest Partnership Program CFDA16.607 Byrne Formula Grant Program CFDA16.579 Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CDC-Investigations & Technical Assistance CFDA93.283 CMS Research, Demonstrations & Evaluations CFDA93.779 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 Chafee Foster Care Independence Program CFDA93.674 Child Care & Development Block Grant CFDA93.575 Child Care Development Fund Unobligated Balance Child Support Enforcement Title IV-D CFDA93.563 Child Welfare Services - State Grants Title IV-B CFDA93.645 Children's Justice Grants to States CFDA 93.643 Community Development Block Grants/State's Program CFDA14.228 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Consolidated Health Centers CFDA93.224 Cooperative Forestry Assistance CFDA10.664 Corporation for National & Community Services CFDA94.003

461

$158,139,967 $225,560,222 $92,821,288
$561,732
($319,938)
($900,507) ($1,117,414)
($252,430) ($163,702)
$160,495 $2,399,958
$371,174 ($122)

$158,139,967 $225,560,222 $90,046,365
$561,732
($319,938)
($900,507) ($1,117,414)
($252,430) ($163,702)
$160,495 $2,399,958
$371,174 ($122)

$158,139,967 $225,560,222 $447,165,654
$484,244 $2,438,017
$561,732 $4,236,423
$592,917 $14,075
$1,431 $9,298,569
$25,533,694 $72,470
$160,495 $2,399,958 $29,700,000 $21,591,293 ($3,075,308)
$122,800 $13,400,000

$551,533

$500,000

$500,000 $21,220 ($280,339)

462

JOURNAL OF THE SENATE

Crime Victim Assistance CFDA16.575 Delinquency Prevention Program - Title V CFDA16.548 DOE Savannah River Site CFDA81.104 Drug-Free Communities Support Program Grants CFDA93.276 Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580 Employment & Training Admin. Pilots, Demonstrations, & Research CFDA17.261 Enforcing Underage Drinking Laws Program CFDA16.727 Environmental Protection Consolidated Research CFDA66.500 Fair Housing Assistance Program CFDA14.401 Family Planning Services CFDA93.217 Family Violence Prevention-Battered Women's Shelters CFDA93.671 Federal Highway Administration Planning & Construction CFDA20.205 Federal Transit Administration Capital Investment Grants CFDA20.500 Flood Plain - FEMA CFDA83.103 Foster Care Title IV-E CFDA93.658 Grants to States for Incarcerated Youth Offenders CFDA84.331 Group of Eight Summit Reimbursements CFDA19.OFA Highway Safety Data Improvements Incentive Grants CFDA20.603 Historic Preservation Fund Grants-In-Aid CFDA15.904 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 HUD-Section 8 CFDA14.156 Immunization Grants CFDA93.268 Improving Teacher Quality State Grant CFDA84.367

($26,578)
($62,350) $284,186 ($560,808) $113,966 ($26,284) $32,881,752
($54,351)

($26,578)
($62,350) $284,186 ($560,808) $113,966 ($26,284) $32,881,752
($54,351)

$156,809 $762,330
$151,627 $673,079
$763,080
$543,570
$90,500 $97,063 $284,186
($111,555)
$113,966
$32,881,752 $727,857 $69,280 $11,800
$29,660,903 $1,669,142 $1,843,980 $3,122,161 $1,823,593

WEDNESDAY, FEBRUARY 15, 2006
Injury Prevention & Control Research & State & Community Based CFDA 93.136
Juvenile Accountability Incentive Block Grants CFDA16.523 Juvenile Justice & Delinquency Prevention CFDA16.54 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 Leveraging Educational Assistance Partnership Program CFDA84.069 Literacy Programs for Prisoners CFDA84.255 Local Law Enforcement Block Grants Program CFDA16.592 Low-Income Home Energy Assistance CFDA93.568 Maternal and Child Health Federal Consolidated Programs CFDA93.11 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Missing Children's Assistance CFDA16.543 National Criminal History Improvement Program CFDA16.554 National Guard Civilian Youth Opportunities CFDA12.404 National Guard Military O & M Projects CFDA12.401 National Motor Carrier Safety Administration CFDA20.218 National School Lunch Program CFDA10.555 Nat'l Institute of Justice Research Evaluation & Development CFDA16.560 Offender Reentry Program CFDA16.202 Part D-Research, Evaluation, Technical Assistance & Training CFDA16.542 Part E State Challenge Activities CFDA16.549 Police Corps CFDA16.712 PPG CFDA 66.605 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959

463

($155,385) ($1,144,809)
$40,269 $47,284,420
$300,000 ($31,343)
($1,636,728)

($155,385) ($1,144,809)
$40,269 $44,006,749
$300,000 ($28,595)
($1,636,728)

$307,580
$4,067,435 $1,333,389
$1,481
$198,085 $749,837
$40,269 $611,966
($2,952,906) $170,741 $148,151
$1,607,960 $23,814
$3,050,003 $1,877,672
($28,595) $311,371
$335,291 $200,000
$324,485 $97,575
$1,653,444

464

JOURNAL OF THE SENATE

Preventive Health & Health Services Block Grant CFDA93.991 Program for Neglected and Delinquent Children CFDA84.013 Grants & Agreements for Tuberculosis Control Programs CFDA93.116 Promoting Safe and Stable Families CFDA 93.556 Promotion of the Arts CFDA 45.025 Public Assistance Grants CFDA 97.036 Public Health and Social Services Emergency Fund CFDA93.003 Reduce & Prevent - Children's Exposure to Violence Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Refugee & Entrant Assistance Programs CFDA93.566 Rehab Services-Vocational Rehabilitation Grants to States CFDA84.126 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Safe and Drug-free Schools and Communities CFDA84.186 Safety Incentives to Prevent Oper.of Vehicles by Intoxicated Persons CFDA20.605 Social Security Disability Insurance CFDA 96.001 Social Services Block Grant CFDA 93.667 Special Ed-Infants & Families with Disabilities CFDA84.181 Special Education Grants to States CFDA 84.027 Special Programs for the Aging Nutrition Services CFDA 93.045 Sport Fish Restoration CFDA15.605 Spouse to Teachers CFDA12.999 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 State and Community Highway Safety CFDA20.600 State and Local Homeland Security Training Program CFDA97.005 State and Tribal Response Program Grants CFDA66.804 State Court Improvement Program CFDA93.586

$81,540
$2,000 ($3,449,500) $15,931,926
($20,000)

$81,540
$2,000 ($3,449,500) $15,931,926
($20,000)

$1,054,763 $227,410 $508,607
$10,031,542 $4,106
$16,975,297 $8,369,836 ($100,000) $1,000 $518,895 $327,169
$942,990 $213,657
$2,474,217 $1,503,602
$16,521 $2,000
$637,019 $1,253,727
$824,881
$25,832 $34,599,107
$6,090,357 $379,429
$718,274

WEDNESDAY, FEBRUARY 15, 2006

465

State Criminal Alien Assistance Program CFDA16.606 State Domestic Preparedness Equipment Support CFDA97.004 State Fire Training Systems Grants CFDA97.043 State Grants for Innovative Programs CFDA84.298 State Medicaid Fraud Control Units CFDA 93.775 State Planning Grants CFDA93.256 Survey & Certification of Health Care Providers/Suppliers CFDA93.777 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Supplemental Nutrition -Women Infants & Children CFDA10.557 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Block Grant CFDA 93.558
TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated Balance Transition to Teaching CFDA84.350 Troops to Teachers CFDA84.815 UIC State Match CFDA66.433 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration&Truth in Sentencing CFDA16.586 Vocational Education Basic Grants CFDA84.048 Water Quality Management Planning CFDA66.454 Wildlife Restoration CFDA15.611 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Donations Forfeitures Private Hospitals Reserved Fund Balances

$14,382
$3,716,447 $3,716,447
($17,598) ($912,172) ($470,940) ($26,187,031) $156,708,525

$14,382
$3,716,447 $3,716,447
($17,598) ($912,172) ($470,940) ($38,205,697) ($14,000,000) ($14,000,000) $156,708,525

$14,382 $16,455,078
$84,600 $29,056 $1,305,438 $186,478 $28,100
$898,442
$147,839,281 $4,003,411
$37,191,399
($3,487,988) ($29,700,000) ($14,004,629)
$1,106,477 $302,869
$400,752 $3,353,509
$157,777 ($385,000)
$91,255,728 ($13,953,405)
$25,195 $21,400 ($14,000,000) $164,983,869

466

JOURNAL OF THE SENATE

Agency Funds Prior Year Flexible Spending Account Fund Hazardous Waste Trust Fund Motor Fuel Prior Year Funds Solid Waste Trust Fund State Housing Trust Fund Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Authority/local government payments to state agencies Bond Proceeds from prior year Hospital Authorities Lake Lanier Islands Development Authority Bond Payback University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Diversion Center Maintenance - Room and Board Royalties and Rents Not Itemized Sales and Services Academic Department Income Advanced Technology Development Center Income Bulk Paper Sales Collection/Administrative Fees Cooperative Extension Service Income Forestry Cooperative Extension Income Forestry Research Income Inmate Details - City and County Inmate Details - DOT Inmate Details - Georgia Correctional Industries Administration Inmate Store Revenues

$157,200,365 ($500,000) $82,010 ($73,850)
($131,561,725) $43,526
($130,939,285) ($665,966)
($305,228) ($304,202)
($1,026) ($51,028,603)
($2,353,715) $399
($208,381) $14,139
($32,758)

$157,200,365 ($500,000) $82,010 ($73,850)
($129,602,894) $275,686
($129,212,614) ($665,966)
($305,228) ($304,202)
($1,026) ($51,006,100)
($2,353,715) $399
($185,878) $14,139
($32,758)

$164,241,203 $196,697
$82,010 $457,000
$6,959 $1,386,943 $1,386,943 ($112,931,974) $9,280,486
$235,701 ($129,212,614)
($665,966) $7,430,419 $14,419,730 $14,419,730 $2,759,537 ($304,202) $3,063,739 $34,444,085 $6,858,296
$160,461 ($2,353,715)
$8,626,260 $450,000 $4,000 $130,000
$1,611,230 $4,382,955
$549,639 $367,243

WEDNESDAY, FEBRUARY 15, 2006
Park Receipts Patient Payments from Third Party Insurers per 31-2-2 and Patients Regulatory Fees Sales and Services Not Itemized Seedling Sales Sick Call Fees Surplus Property Sales Telephone Commissions Timber Sales Training Fees Tuition and Fees for Higher Education Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Administrative Hearing Payments Agency to Agency Contracts Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Retirement Payments TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Child Care Development Fund Unobligated Balance Community Mental Health Services Block Grant CFDA93.958 Low-Income Home Energy Assistance CFDA93.568 Temporary Assistance for Needy Families

467

($2,000,000) ($1,456,578)

($2,000,000) ($1,456,578)

$1,329,456

($41,196,181) ($3,844,194)
($40,064) $92,192 ($3,462)
$230,245,535
$232,118,461 $80,832 $6,300 $56,220
($2,025,041) $8,763
$741,520,000

($41,196,181) ($3,844,194)
($40,064) $92,192 ($3,462)
$230,245,535
$232,118,461 $80,832 $6,300 $56,220
($2,025,041) $8,763
$726,726,411

$2,200,000 $2,091,247
($40,064) $160,000 $400,192 $4,605,342 $396,538 $239,121 $2,275,884 $146,943 $146,943 $250,047,503 $80,000 $8,275,348 $232,118,461 $10,022,000
$94,332 $1,317,420
$156,220 ($2,025,041)
$8,763 $1,233,109,093

$128,287,019
$222,813 $987,001 $286,964

$128,287,019
$222,813 $987,001 $286,964

$186,905,111 $44,900,427 $222,813 $987,001

468

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant CFDA 93.558
Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS
Reserved Fund Balances Agency Funds Prior Year
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS 1. Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS 2. Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$286,964

$286,964

$126,790,241 $166,869,021 $166,869,021 $166,869,021

$126,790,241 $166,869,021 $166,869,021 $166,869,021

$140,794,870 $165,869,021 $165,869,021 $165,869,021

Section Total (HB85)

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

Final Section Totals

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

Appropriation (HB85)

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

Appropriation (HB1026)

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

Appropriation (HB85)

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

Appropriation (HB1026)

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

WEDNESDAY, FEBRUARY 15, 2006

469

3. Senate

Appropriation (HB85)

TOTAL STATE FUNDS

$6,689,602

$6,689,602

$6,689,602

State General Funds

$6,689,602

$6,689,602

$6,689,602

TOTAL PUBLIC FUNDS

$6,689,602

$6,689,602

$6,689,602

Senate

Appropriation (HB1026)

TOTAL STATE FUNDS

$6,689,602

$6,689,602

$6,689,602

State General Funds

$6,689,602

$6,689,602

$6,689,602

TOTAL PUBLIC FUNDS

$6,689,602

$6,689,602

$6,689,602

4. Senate Budget and Evaluation Office

Appropriation (HB85)

The purpose is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$999,672

$999,672

$999,672

State General Funds

$999,672

$999,672

$999,672

TOTAL PUBLIC FUNDS

$999,672

$999,672

$999,672

Senate Budget and Evaluation Office

Appropriation (HB1026)

The purpose is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$999,672

$999,672

$999,672

State General Funds

$999,672

$999,672

$999,672

TOTAL PUBLIC FUNDS

$999,672

$999,672

$999,672

Section 2: Georgia House of Representatives

Section Total (HB85)

TOTAL STATE FUNDS

$17,216,615

$17,216,615

$17,216,615

State General Funds

$17,216,615

$17,216,615

$17,216,615

TOTAL PUBLIC FUNDS

$17,216,615

$17,216,615

$17,216,615

Final Section Totals

TOTAL STATE FUNDS

$17,216,615

$17,216,615

$17,216,615

State General Funds

$17,216,615

$17,216,615

$17,216,615

TOTAL PUBLIC FUNDS

$17,216,615

$17,216,615

$17,216,615

5. House of Representatives

Appropriation (HB85)

TOTAL STATE FUNDS

$17,216,615

$17,216,615

$17,216,615

State General Funds

$17,216,615

$17,216,615

$17,216,615

TOTAL PUBLIC FUNDS

$17,216,615

$17,216,615

$17,216,615

470

JOURNAL OF THE SENATE

House of Representatives

Appropriation (HB1026)

TOTAL STATE FUNDS

$17,216,615

$17,216,615

$17,216,615

State General Funds

$17,216,615

$17,216,615

$17,216,615

TOTAL PUBLIC FUNDS

$17,216,615

$17,216,615

$17,216,615

Section 3: Georgia General Assembly Joint Offices

Section Total (HB85)

TOTAL STATE FUNDS

$10,154,263

$10,154,263

$10,154,263

State General Funds

$10,154,263

$10,154,263

$10,154,263

TOTAL PUBLIC FUNDS

$10,154,263

$10,154,263

$10,154,263

Final Section Totals

TOTAL STATE FUNDS

$10,154,263

$10,154,263

$10,154,263

State General Funds

$10,154,263

$10,154,263

$10,154,263

TOTAL PUBLIC FUNDS

$10,154,263

$10,154,263

$10,154,263

6. Ancillary Activities

Appropriation (HB85)

The purpose is to provide services for the legislative branch of government.

TOTAL STATE FUNDS

$4,933,862

$4,933,862

$4,933,862

State General Funds

$4,933,862

$4,933,862

$4,933,862

TOTAL PUBLIC FUNDS

$4,933,862

$4,933,862

$4,933,862

Ancillary Activities

Appropriation (HB1026)

The purpose is to provide services for the legislative branch of government.

TOTAL STATE FUNDS

$4,933,862

$4,933,862

$4,933,862

State General Funds

$4,933,862

$4,933,862

$4,933,862

TOTAL PUBLIC FUNDS

$4,933,862

$4,933,862

$4,933,862

7. Legislative Fiscal Office

Appropriation (HB85)

The purpose is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of

legislative expenditures and commitments.

TOTAL STATE FUNDS

$2,209,558

$2,209,558

$2,209,558

State General Funds

$2,209,558

$2,209,558

$2,209,558

TOTAL PUBLIC FUNDS

$2,209,558

$2,209,558

$2,209,558

Legislative Fiscal Office

Appropriation (HB1026)

The purpose is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of

WEDNESDAY, FEBRUARY 15, 2006

471

legislative expenditures and commitments.

TOTAL STATE FUNDS

$2,209,558

$2,209,558

$2,209,558

State General Funds

$2,209,558

$2,209,558

$2,209,558

TOTAL PUBLIC FUNDS

$2,209,558

$2,209,558

$2,209,558

8. Office of Legislative Counsel

Appropriation (HB85)

The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$3,010,843

$3,010,843

$3,010,843

State General Funds

$3,010,843

$3,010,843

$3,010,843

TOTAL PUBLIC FUNDS

$3,010,843

$3,010,843

$3,010,843

Office of Legislative Counsel

Appropriation (HB1026)

The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$3,010,843

$3,010,843

$3,010,843

State General Funds

$3,010,843

$3,010,843

$3,010,843

TOTAL PUBLIC FUNDS

$3,010,843

$3,010,843

$3,010,843

Section 4: Audits and Accounts, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$30,095,144

$30,095,144

$30,095,144

State General Funds

$30,095,144

$30,095,144

$30,095,144

TOTAL PUBLIC FUNDS

$30,095,144

$30,095,144

$30,095,144

Final Section Totals

TOTAL STATE FUNDS

$30,095,144

$29,814,719

$29,714,719

State General Funds

$30,095,144

$29,814,719

$29,714,719

TOTAL PUBLIC FUNDS

$30,095,144

$29,814,719

$29,714,719

9. Departmental Administration

Appropriation (HB85)

The purpose is to provide administrative support to all Department programs.

TOTAL STATE FUNDS

$1,596,639

$1,596,639

$1,596,639

State General Funds

$1,596,639

$1,596,639

$1,596,639

TOTAL PUBLIC FUNDS

$1,596,639

$1,596,639

$1,596,639

Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support to all Department programs.

TOTAL STATE FUNDS

$1,596,639

$1,596,639

$1,596,639

472

JOURNAL OF THE SENATE

State General Funds TOTAL PUBLIC FUNDS

$1,596,639 $1,596,639

$1,596,639 $1,596,639

$1,596,639 $1,596,639

10. Financial Audits

Appropriation (HB85)

The purpose is to conduct financial and compliance audits of state entities, local boards of education, and healthcare

providers that participate in the State's Medicaid program; and review financial statements of local governments and non-

profit organizations.

TOTAL STATE FUNDS

$22,831,899

$22,831,899

$22,831,899

State General Funds

$22,831,899

$22,831,899

$22,831,899

TOTAL PUBLIC FUNDS

$22,831,899

$22,831,899

$22,831,899

Changes in the Size of the Program

10.1 Reduce funds.

State General Funds

($280,425)

($380,425)

Financial Audits

Appropriation (HB1026)

The purpose is to conduct financial and compliance audits of state entities, local boards of education, and healthcare

providers that participate in the State's Medicaid program; and review financial statements of local governments and non-

profit organizations.

TOTAL STATE FUNDS

$22,831,899

$22,551,474

$22,451,474

State General Funds

$22,831,899

$22,551,474

$22,451,474

TOTAL PUBLIC FUNDS

$22,831,899

$22,551,474

$22,451,474

11. Information Systems Audits

Appropriation (HB85)

The purpose is to provide independent information systems audits, reviews, and vulnerability assessments and to provide

information systems audit guidance and support to other operations within the Department.

TOTAL STATE FUNDS

$1,076,951

$1,076,951

$1,076,951

State General Funds

$1,076,951

$1,076,951

$1,076,951

TOTAL PUBLIC FUNDS

$1,076,951

$1,076,951

$1,076,951

Information Systems Audits

Appropriation (HB1026)

The purpose is to provide independent information systems audits, reviews, and vulnerability assessments and to provide

information system audit guidance and support to other operations within the Department.

TOTAL STATE FUNDS

$1,076,951

$1,076,951

$1,076,951

State General Funds

$1,076,951

$1,076,951

$1,076,951

WEDNESDAY, FEBRUARY 15, 2006

473

TOTAL PUBLIC FUNDS

$1,076,951

$1,076,951

$1,076,951

12. Legislative Services

Appropriation (HB85)

The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures

and provide fiscal note services.

TOTAL STATE FUNDS

$110,575

$110,575

$110,575

State General Funds

$110,575

$110,575

$110,575

TOTAL PUBLIC FUNDS

$110,575

$110,575

$110,575

Legislative Services

Appropriation (HB1026)

The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures

and provide fiscal note services.

TOTAL STATE FUNDS

$110,575

$110,575

$110,575

State General Funds

$110,575

$110,575

$110,575

TOTAL PUBLIC FUNDS

$110,575

$110,575

$110,575

13. Performance Audits

Appropriation (HB85)

The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance

with laws and rules.

TOTAL STATE FUNDS

$2,426,566

$2,426,566

$2,426,566

State General Funds

$2,426,566

$2,426,566

$2,426,566

TOTAL PUBLIC FUNDS

$2,426,566

$2,426,566

$2,426,566

Performance Audits

Appropriation (HB1026)

The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance

with laws and rules.

TOTAL STATE FUNDS

$2,426,566

$2,426,566

$2,426,566

State General Funds

$2,426,566

$2,426,566

$2,426,566

TOTAL PUBLIC FUNDS

$2,426,566

$2,426,566

$2,426,566

14. Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB85)

The purpose is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in

allocating State funds for public school systems.

TOTAL STATE FUNDS

$2,052,514

$2,052,514

$2,052,514

State General Funds

$2,052,514

$2,052,514

$2,052,514

474

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$2,052,514

$2,052,514

$2,052,514

Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB1026)

The purpose is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in

allocating State funds for public school systems.

TOTAL STATE FUNDS

$2,052,514

$2,052,514

$2,052,514

State General Funds

$2,052,514

$2,052,514

$2,052,514

TOTAL PUBLIC FUNDS

$2,052,514

$2,052,514

$2,052,514

Section 5: Appeals, Court of

Section Total (HB85)

TOTAL STATE FUNDS

$12,537,586

$12,537,586

$12,537,586

State General Funds

$12,537,586

$12,537,586

$12,537,586

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$12,627,586

$12,627,586

$12,627,586

Final Section Totals

TOTAL STATE FUNDS

$13,707,520

$14,057,520

$13,707,520

State General Funds

$13,707,520

$14,057,520

$13,707,520

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$13,797,520

$14,147,520

$13,797,520

15. Court of Appeals

Appropriation (HB85)

The purpose of this court is to review and exercise appellate and certiorari jurisdiction in all cases not reserved to the

Supreme Court or conferred on other courts by law.

TOTAL STATE FUNDS

$12,537,586

$12,537,586

$12,537,586

State General Funds

$12,537,586

$12,537,586

$12,537,586

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

Sales and Services Not Itemized

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$12,627,586

$12,627,586

$12,627,586

Changes in Operations / Administration

15.1 Provide additional funding due to adjusted contractual price for legal online research ($7,745), new GTA charge to

WEDNESDAY, FEBRUARY 15, 2006

475

PeopleSoft agencies ($6,588), and increased software license and maintenance fees ($13,665).

State General Funds

$27,998

$27,998

$27,998

15.2 Increase in Rent.

State General Funds

$49,622

$49,622

$49,622

One-Time Expense

15.3 Provide funding for relocation and renovation of office space for administrative offices ($512,619) in the Health

Building and three judges' offices ($563,881) in the Judicial Building.

State General Funds

$1,076,500

$1,076,500

$1,076,500

15.5 Provide funding for security cameras.

State General Funds

$350,000

$0

Changes in the Size of the Program

15.4 Provide additional funds to cover Merit System Assessments and drug testing for staff.

State General Funds

$15,814

$15,814

$15,814

Court of Appeals

Appropriation (HB1026)

The purpose of this court is to review and exercise appellate and certiorari jurisdiction in all cases not reserved to the

Supreme Court or conferred on other courts by law.

TOTAL STATE FUNDS

$13,707,520

$14,057,520

$13,707,520

State General Funds

$13,707,520

$14,057,520

$13,707,520

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

Sales and Services Not Itemized

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$13,797,520

$14,147,520

$13,797,520

Section 6: Judicial Council

Section Total (HB85)

TOTAL STATE FUNDS

$13,176,292

$13,176,292

$13,176,292

State General Funds

$13,176,292

$13,176,292

$13,176,292

TOTAL PUBLIC FUNDS

$13,176,292

$13,176,292

$13,176,292

Final Section Totals

TOTAL STATE FUNDS

$13,307,498

$13,307,498

$12,597,498

State General Funds

$13,307,498

$13,307,498

$12,597,498

TOTAL FEDERAL FUNDS

$235,282

$235,282

$2,591,770

476

JOURNAL OF THE SENATE

Byrne Formula Grant Program CFDA16.579

$231,084

Child Support Enforcement Title IV-D CFDA93.563

$235,282

$235,282

$751,479

Part D-Research, Evaluation, Technical Assistance & Training

$200,000

CFDA16.542

Prevention & Treatment of Substance Abuse Block Grant

$333,333

CFDA93.959

State and Community Highway Safety CFDA20.600

$357,600

State Court Improvement Program CFDA93.586

$718,274

TOTAL AGENCY FUNDS

$633,460

Sales and Services

$633,460

TOTAL PUBLIC FUNDS

$13,542,780

$13,542,780

$15,822,728

16. Georgia Office of Dispute Resolution

Appropriation (HB85)

The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

TOTAL STATE FUNDS

$362,494

$362,494

$362,494

State General Funds

$362,494

$362,494

$362,494

TOTAL PUBLIC FUNDS

$362,494

$362,494

$362,494

Changes in the Size of the Program

16.1 Recognize agency funds collected from conference and registration fees.

Collection/Administrative Fees

$189,640

Georgia Office of Dispute Resolution

Appropriation (HB1026)

The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

TOTAL STATE FUNDS

$362,494

$362,494

$362,494

State General Funds

$362,494

$362,494

$362,494

TOTAL AGENCY FUNDS

$189,640

Sales and Services

$189,640

Collection/Administrative Fees

$189,640

TOTAL PUBLIC FUNDS

$362,494

$362,494

$552,134

17. Institute of Continuing Judicial Education

Appropriation (HB85)

The purpose is to provide basic training and continuing education to elected officials, court support personnel and

volunteer agents of the State's judicial branch.

TOTAL STATE FUNDS

$1,126,382

$1,126,382

$1,126,382

WEDNESDAY, FEBRUARY 15, 2006

477

State General Funds

$1,126,382

$1,126,382

$1,126,382

TOTAL PUBLIC FUNDS

$1,126,382

$1,126,382

$1,126,382

Changes in the Size of the Program

17.1 Provide funding for personal security summit, a course which provides training specifically on the steps that judges

and court personnel should themselves take to enhance their own security situations. (S: Look for other alternatives at no

cost)

State General Funds

$10,000

$10,000

$0

17.2 Recognize agency funds collected from magistrate tuition, municipal tuition, and registration fees.

Training Fees

$214,326

Institute of Continuing Judicial Education

Appropriation (HB1026)

The purpose is to provide basic training and continuing education to elected officials, court support personnel and

volunteer agents of the State's judicial branch.

TOTAL STATE FUNDS

$1,136,382

$1,136,382

$1,126,382

State General Funds

$1,136,382

$1,136,382

$1,126,382

TOTAL AGENCY FUNDS

$214,326

Sales and Services

$214,326

Training Fees

$214,326

TOTAL PUBLIC FUNDS

$1,136,382

$1,136,382

$1,340,708

18. Judicial Council

Appropriation (HB85)

The purpose is to consult with and assist judges, administrators, clerks of court, and other officers and employees of the

court pertaining to matters relating to court administration.

TOTAL STATE FUNDS

$10,629,370

$10,629,370

$10,629,370

State General Funds

$10,629,370

$10,629,370

$10,629,370

TOTAL PUBLIC FUNDS

$10,629,370

$10,629,370

$10,629,370

Changes in the Size of the Program

18.1 Provide matching funds for new federal grant applied for to expand the Child Support Judicial Liaison program.

State General Funds

$121,206

$121,206

$121,206

Child Support Enforcement Title IV-D CFDA93.563

$235,282

$235,282

$235,282

TOTAL PUBLIC FUNDS

$356,488

$356,488

$356,488

18.2 Recognize agency funds collected through foundation grants, document sales, registration fees, and miscellaneous

revenue.

478

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$229,494

18.3 Adjust base budget to reflect non-itemized program adjustments over the past five years. Reduction in Administration

not direct services.

State General Funds

($700,000)

18.4 Recognize funds from federal grants to evaluate and improve the process of civil child abuse and neglect cases.

State Court Improvement Program CFDA93.586

$718,274

18.5 Recognize funds received from federal grants to develop a web-based Uniform Traffic Citation Improvement Program

in Georgia courts to facilitate electronic transmission of traffic citation data to meet new federal requirements.

State and Community Highway Safety CFDA20.600

$157,600

18.6 Recognize federal funds received for the National Highway Safety Demonstration Project to fund three pilot DUI

Courts.

State and Community Highway Safety CFDA20.600

$200,000

18.7 Recognize federal funds received to develop a data collection system for Juvenile Court performance measures.

Part D-Research, Evaluation, Technical Assistance & Training

$200,000

CFDA16.542

18.8 Recognize federal funds received for Drug Courts.

Byrne Formula Grant Program CFDA16.579

$223,209

18.9 Recognize federal funds received to provide classes in coping skills, anger management, family interaction and

communication, parenting and self-esteem for Juvenile Courts.

Byrne Formula Grant Program CFDA16.579

$7,875

18.10 Recognize federal funds to provide funding for an e-filing system to be developed to allow the Office of Child Support

Guidelines Commission to electronically file documents.

Child Support Enforcement Title IV-D CFDA93.563

$516,197

18.11 Recognize federal funds to provide staffing for the Georgia Alliance for Drug Endangered Children.

Prevention & Treatment of Substance Abuse Block Grant

$333,333

CFDA93.959

Judicial Council

Appropriation (HB1026)

The purpose is to consult with and assist judges, administrators, clerks of court, and other officers and employees of the

court pertaining to matters relating to court administration.

TOTAL STATE FUNDS

$10,750,576

$10,750,576

$10,050,576

State General Funds

$10,750,576

$10,750,576

$10,050,576

WEDNESDAY, FEBRUARY 15, 2006

479

TOTAL FEDERAL FUNDS

$235,282

$235,282

$2,591,770

Byrne Formula Grant Program CFDA16.579

$231,084

Child Support Enforcement Title IV-D CFDA93.563

$235,282

$235,282

$751,479

Part D-Research, Evaluation, Technical Assistance & Training

$200,000

CFDA16.542

Prevention & Treatment of Substance Abuse Block Grant

$333,333

CFDA93.959

State and Community Highway Safety CFDA20.600

$357,600

State Court Improvement Program CFDA93.586

$718,274

TOTAL AGENCY FUNDS

$229,494

Sales and Services

$229,494

Sales and Services Not Itemized

$229,494

TOTAL PUBLIC FUNDS

$10,985,858

$10,985,858

$12,871,840

19. Judicial Qualifications Commission

Appropriation (HB85)

The purpose is to discipline, remove, and cause involuntary retirement of judges.

TOTAL STATE FUNDS

$258,046

$258,046

$258,046

State General Funds

$258,046

$258,046

$258,046

TOTAL PUBLIC FUNDS

$258,046

$258,046

$258,046

Judicial Qualifications Commission

Appropriation (HB1026)

The purpose is to discipline, remove, and cause involuntary retirement of judges.

TOTAL STATE FUNDS

$258,046

$258,046

$258,046

State General Funds

$258,046

$258,046

$258,046

TOTAL PUBLIC FUNDS

$258,046

$258,046

$258,046

20. Resource Center

Appropriation (HB85)

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

Resource Center

Appropriation (HB1026)

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

480

JOURNAL OF THE SENATE

State General Funds

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

Section 7: Juvenile Courts

Section Total (HB85)

TOTAL STATE FUNDS

$6,233,940

$6,233,940

$6,233,940

State General Funds

$6,233,940

$6,233,940

$6,233,940

TOTAL PUBLIC FUNDS

$6,233,940

$6,233,940

$6,233,940

Final Section Totals

TOTAL STATE FUNDS

$6,292,039

$6,292,039

$6,292,039

State General Funds

$6,292,039

$6,292,039

$6,292,039

TOTAL FEDERAL FUNDS

$1,102,706

Juvenile Accountability Incentive Block Grants CFDA16.523

$1,102,706

TOTAL PUBLIC FUNDS

$6,292,039

$6,292,039

$7,394,745

21. Council of Juvenile Court Judges

Appropriation (HB85)

The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children

includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS

$1,519,101

$1,519,101

$1,519,101

State General Funds

$1,519,101

$1,519,101

$1,519,101

TOTAL PUBLIC FUNDS

$1,519,101

$1,519,101

$1,519,101

Changes in Operations / Administration

21.1 Transfer funds to Grants to Counties for Juvenile Court Judges to properly place funds for new judgeships created in

HB85.

State General Funds

($41,603)

Changes in the Size of the Program

21.2 Recognize federal funds for the purchase of services for juvenile offenders that provides alternatives to institutional

treatment and hopes to reduce formal court involvement, recidivism rates, and incarceration of minors.

Juvenile Accountability Incentive Block Grants CFDA16.523

$1,102,706

Council of Juvenile Court Judges

Appropriation (HB1026)

The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children

includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS

$1,519,101

$1,519,101

$1,477,498

State General Funds

$1,519,101

$1,519,101

$1,477,498

WEDNESDAY, FEBRUARY 15, 2006

481

TOTAL FEDERAL FUNDS

$1,102,706

Juvenile Accountability Incentive Block Grants CFDA16.523

$1,102,706

TOTAL PUBLIC FUNDS

$1,519,101

$1,519,101

$2,580,204

22. Grants to Counties for Juvenile Court Judges

Appropriation (HB85)

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$4,714,839

$4,714,839

$4,714,839

State General Funds

$4,714,839

$4,714,839

$4,714,839

TOTAL PUBLIC FUNDS

$4,714,839

$4,714,839

$4,714,839

Changes in Operations / Administration

22.1 Provide funding for increased request from Toombs County to increase judge days from two days to three days per

week.

State General Funds

$10,430

$10,430

$10,430

22.2 Provide funding for salary supplements as required by HB334.

State General Funds

$47,669

$47,669

$47,669

22.3 Transfer funds from Council of Juvenile Court Judges to properly place funds for new judgeships created in HB85.

State General Funds

$41,603

Grants to Counties for Juvenile Court Judges

Appropriation (HB1026)

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$4,772,938

$4,772,938

$4,814,541

State General Funds

$4,772,938

$4,772,938

$4,814,541

TOTAL PUBLIC FUNDS

$4,772,938

$4,772,938

$4,814,541

Section 8: Prosecuting Attorneys

Section Total (HB85)

TOTAL STATE FUNDS

$43,925,448

$43,925,448

$43,925,448

State General Funds

$43,925,448

$43,925,448

$43,925,448

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$1,767,046

Sales and Services

$1,767,046

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$45,692,494

$45,692,494

$45,692,494

Final Section Totals

TOTAL STATE FUNDS

$51,014,615

$49,964,615

$49,409,578

State General Funds

$51,014,615

$49,964,615

$49,409,578

TOTAL FEDERAL FUNDS

$2,260,495

482

JOURNAL OF THE SENATE

Asset Forfeiture CFDA99.OFA

$146,804

Child Support Enforcement Title IV-D CFDA93.563

$1,767,046

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$333,400

State and Community Highway Safety CFDA20.600

$13,245

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$4,004,800

Intergovernmental Transfers

$4,004,800

Sales and Services

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$52,781,661

$51,731,661

$55,674,873

23. District Attorneys

Appropriation (HB85)

The District Attorney represents the State of Georgia in the trial and appeal of felony criminal cases in the Superior Court

for the judicial circuit and delinquency cases in the juvenile courts.

TOTAL STATE FUNDS

$39,495,618

$39,495,618

$39,495,618

State General Funds

$39,495,618

$39,495,618

$39,495,618

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$1,767,046

Sales and Services

$1,767,046

$1,767,046

$1,767,046

Sales and Services Not Itemized

$1,767,046

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$41,262,664

$41,262,664

$41,262,664

Changes in Operations / Administration

23.1 Provide funds for one month of payroll.

State General Funds

$3,506,460

$2,972,720

$2,972,720

23.2 Provide funds for steps and promotions for January through June 2006.

State General Funds

$549,699

$549,699

$549,699

23.3 Provide funds for 2% pay raise effective January 2006.

State General Funds

$421,046

$421,046

$421,046

23.4 Provide funds for operating for two months.

State General Funds

$357,634

$357,634

$357,634

Changes in How the Program is Funded

23.9 Change base budget in agency funds to correct fund source type.

Child Support Enforcement Title IV-D CFDA93.563

$1,767,046

Sales and Services Not Itemized

($1,767,046)

TOTAL PUBLIC FUNDS

$0

WEDNESDAY, FEBRUARY 15, 2006

483

Changes in the Size of the Program

23.5 Provide funds for five additional Assistant District Attorneys due to additional judgeships in Flint, Appalachian,

Gwinnett, Southern, and Cherokee circuits.

State General Funds

$194,145

$0

$0

23.6 Provide funds for seven additional Victim Advocates.

State General Funds

$148,131

$0

$0

23.7 Recognize federal and agency funds.

Asset Forfeiture CFDA99.OFA

$146,804

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$333,400

State and Community Highway Safety CFDA20.600

$13,245

Authority/local government payments to state agencies

$4,004,800

TOTAL PUBLIC FUNDS

$4,498,249

23.8 Transfer funds to Prosecuting Attorney's Council to properly place funds for the Capital Litigation Division created in

HB85.

State General Funds

($300,000)

District Attorneys

Appropriation (HB1026)

The District Attorney represents the State of Georgia in the trial and appeal of felony criminal cases in the Superior Court

for the judicial circuit and delinquency cases in the juvenile courts.

TOTAL STATE FUNDS

$44,672,733

$43,796,717

$43,496,717

State General Funds

$44,672,733

$43,796,717

$43,496,717

TOTAL FEDERAL FUNDS

$2,260,495

Asset Forfeiture CFDA99.OFA

$146,804

Child Support Enforcement Title IV-D CFDA93.563

$1,767,046

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$333,400

State and Community Highway Safety CFDA20.600

$13,245

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$4,004,800

Intergovernmental Transfers

$4,004,800

Authority/local government payments to state agencies

$4,004,800

Sales and Services

$1,767,046

$1,767,046

Sales and Services Not Itemized

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$46,439,779

$45,563,763

$49,762,012

484

JOURNAL OF THE SENATE

24. Prosecuting Attorney's Council

Appropriation (HB85)

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$4,429,830

$4,429,830

$4,429,830

State General Funds

$4,429,830

$4,429,830

$4,429,830

TOTAL PUBLIC FUNDS

$4,429,830

$4,429,830

$4,429,830

Changes in Operations / Administration

24.1 Provide funds for intern positions.

State General Funds

$83,160

$83,160

$83,160

24.2 Provide funds for four months payroll.

State General Funds

$1,234,200

$1,234,200

$0

24.3 Provide funds for operating for two months.

State General Funds

$326,165

$326,165

$0

24.4 Provide funds for real estate increases.

State General Funds

$27,214

$27,214

$27,214

24.5 Annualize the FY2005 Pay Raise of 2% effective January 2005.

State General Funds

$30,072

$30,072

$0

24.6 Provide funds for the FY2006 pay raise of 2% effective January 2006.

State General Funds

$37,257

$37,257

$37,257

24.9 Restore budget to HB85 level.

State General Funds

$1,035,400

Changes in the Size of the Program

24.7 Provide for three positions in the capital litigation group - two attorneys and one investigator.

State General Funds

$173,984

$0

$0

24.8 Transfer funds from District Attorneys to properly place funds for the Capital Litigation Division created in HB85.

State General Funds

$300,000

Prosecuting Attorney's Council

Appropriation (HB1026)

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$6,341,882

$6,167,898

$5,912,861

State General Funds

$6,341,882

$6,167,898

$5,912,861

TOTAL PUBLIC FUNDS

$6,341,882

$6,167,898

$5,912,861

WEDNESDAY, FEBRUARY 15, 2006

485

Section 9: Public Defender Standards Council, Georgia

Section Total (HB85)

TOTAL STATE FUNDS

$42,079,060

$42,079,060

$42,079,060

State General Funds

$42,079,060

$42,079,060

$42,079,060

TOTAL AGENCY FUNDS

$1,972,832

$1,972,832

$1,972,832

Interest and Investment Income

$1,972,832

$1,972,832

$1,972,832

TOTAL PUBLIC FUNDS

$44,051,892

$44,051,892

$44,051,892

Final Section Totals

TOTAL STATE FUNDS

$42,241,266

$40,241,266

$37,079,060

State General Funds

$42,241,266

$40,241,266

$37,079,060

TOTAL AGENCY FUNDS

$1,972,832

$1,972,832

$3,359,775

Interest and Investment Income

$1,972,832

$1,972,832

$3,359,775

TOTAL PUBLIC FUNDS

$44,214,098

$42,214,098

$40,438,835

25. Public Defender Standards Council

Appropriation (HB85)

The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices

including all training. The Standards Council also represents persons charged with the death penalty after January 1,

2005, and provides training, assistance and direct representation in NGRI (Not Guilty by Reason of Insanity) cases.

TOTAL STATE FUNDS

$10,607,210

$10,607,210

$10,607,210

State General Funds

$10,607,210

$10,607,210

$10,607,210

TOTAL AGENCY FUNDS

$559,797

$559,797

$559,797

Interest and Investment Income

$559,797

$559,797

$559,797

Interest and Investment Income Not Itemized

$559,797

$559,797

$559,797

TOTAL PUBLIC FUNDS

$11,167,007

$11,167,007

$11,167,007

Changes in the Size of the Program

25.1 Reduce operating funds.

State General Funds

($2,000,000)

25.2 Recognize funds collected from the Clerk and Sheriffs Interest Fund.

Interest and Investment Income Not Itemized

$329,989

Public Defender Standards Council

Appropriation (HB1026)

The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices

including all training. The Standards Council also represents persons charged with the death penalty after January 1,

2005, and provides training, assistance and direct representation in NGRI (Not Guilty by Reason of Insanity) cases.

486

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$10,607,210

$10,607,210

$8,607,210

State General Funds

$10,607,210

$10,607,210

$8,607,210

TOTAL AGENCY FUNDS

$559,797

$559,797

$889,786

Interest and Investment Income

$559,797

$559,797

$889,786

Interest and Investment Income Not Itemized

$559,797

$559,797

$889,786

TOTAL PUBLIC FUNDS

$11,167,007

$11,167,007

$9,496,996

26. Public Defenders

Appropriation (HB85)

The purpose is to assure that adequate and effective legal representation is provided, independently of political

considerations or private interests, to indigent persons who are entitled to representation under this chapter.

TOTAL STATE FUNDS

$31,471,850

$31,471,850

$31,471,850

State General Funds

$31,471,850

$31,471,850

$31,471,850

TOTAL AGENCY FUNDS

$1,413,035

$1,413,035

$1,413,035

Interest and Investment Income

$1,413,035

$1,413,035

$1,413,035

Interest and Investment Income Not Itemized

$1,413,035

$1,413,035

$1,413,035

TOTAL PUBLIC FUNDS

$32,884,885

$32,884,885

$32,884,885

Changes in the Size of the Program

26.1 Provide additional funds for positions added in circuits for five new judgeships in Flint, Appalachian, Gwinnett,

Southern, and Cherokee circuits.

State General Funds

$162,206

$162,206

$0

26.2 Reduce operating funds.

State General Funds

($2,000,000)

($3,000,000)

26.3 Recognize additional funds collected from the Interest On Lawyer Trust Accounts.

Interest and Investment Income Not Itemized

$1,056,954

Public Defenders

Appropriation (HB1026)

The purpose is to assure that adequate and effective legal representation is provided, independently of political

considerations or private interests, to indigent persons who are entitled to representation under this chapter.

TOTAL STATE FUNDS

$31,634,056

$29,634,056

$28,471,850

State General Funds

$31,634,056

$29,634,056

$28,471,850

TOTAL AGENCY FUNDS

$1,413,035

$1,413,035

$2,469,989

Interest and Investment Income

$1,413,035

$1,413,035

$2,469,989

WEDNESDAY, FEBRUARY 15, 2006

487

Interest and Investment Income Not Itemized

$1,413,035

$1,413,035

$2,469,989

TOTAL PUBLIC FUNDS

$33,047,091

$31,047,091

$30,941,839

Section 10: Superior Courts

Section Total (HB85)

TOTAL STATE FUNDS

$51,488,656

$51,488,656

$51,488,656

State General Funds

$51,488,656

$51,488,656

$51,488,656

TOTAL PUBLIC FUNDS

$51,488,656

$51,488,656

$51,488,656

Final Section Totals

TOTAL STATE FUNDS

$52,371,465

$52,371,465

$52,371,465

State General Funds

$52,371,465

$52,371,465

$52,371,465

TOTAL PUBLIC FUNDS

$52,371,465

$52,371,465

$52,371,465

27. Council of Superior Court Clerks

Appropriation (HB85)

To assist superior court clerks throughout the state in the execution of their duties, and to promote and assist in their

training of the superior court clerks.

TOTAL STATE FUNDS

$144,925

$144,925

$144,925

State General Funds

$144,925

$144,925

$144,925

TOTAL PUBLIC FUNDS

$144,925

$144,925

$144,925

Council of Superior Court Clerks

Appropriation (HB1026)

To assist superior court clerks throughout the state in the execution of their duties, and to promote and assist in their

training of the superior court clerks.

TOTAL STATE FUNDS

$144,925

$144,925

$144,925

State General Funds

$144,925

$144,925

$144,925

TOTAL PUBLIC FUNDS

$144,925

$144,925

$144,925

28. Council of Superior Court Judges

Appropriation (HB85)

The purpose of the Council of Superior Court Judges is to further the improvement of the superior court and the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

Changes in Operations / Administration

28.1 Provide funds to replace funds removed by Fiscal Affairs transfer.

State General Funds

$82,809

$82,809

$82,809

488

JOURNAL OF THE SENATE

Council of Superior Court Judges

Appropriation (HB1026)

The purpose of the Council of Superior Court Judges is to further the improvement of the superior court and the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$882,809

$882,809

$882,809

State General Funds

$882,809

$882,809

$882,809

TOTAL PUBLIC FUNDS

$882,809

$882,809

$882,809

29. Judicial Administrative Districts

Appropriation (HB85)

The purpose is to provide regional administrative support to the judges of the superior court. This support includes

managing budgets, policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS

$2,253,718

$2,253,718

$2,253,718

State General Funds

$2,253,718

$2,253,718

$2,253,718

TOTAL PUBLIC FUNDS

$2,253,718

$2,253,718

$2,253,718

Judicial Administrative Districts

Appropriation (HB1026)

The purpose is to provide regional administrative support to the judges of the superior court. This support includes

managing budgets, policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS

$2,253,718

$2,253,718

$2,253,718

State General Funds

$2,253,718

$2,253,718

$2,253,718

TOTAL PUBLIC FUNDS

$2,253,718

$2,253,718

$2,253,718

30. Statewide Felony and Juvenile Drug Courts

Appropriation (HB85)

The purpose of this program is to reduce recidivism among nonviolent substance abusing adult and juvenile offenders

through intensive, judicially-supervised case management. Funds for this program are used to support Superior Court

Judges' drug courts and other drug courts, through cooperation with the Judicial Council.

TOTAL STATE FUNDS

$1,000,000

$1,000,000

$1,000,000

State General Funds

$1,000,000

$1,000,000

$1,000,000

TOTAL PUBLIC FUNDS

$1,000,000

$1,000,000

$1,000,000

Statewide Felony and Juvenile Drug Courts

Appropriation (HB1026)

The purpose of this program is to reduce recidivism among nonviolent substance abusing adult and juvenile offenders

through intensive, judicially-supervised case management. Funds for this program are used to support Superior Court

Judges' drug courts and other drug courts, through cooperation with the Judicial Council.

TOTAL STATE FUNDS

$1,000,000

$1,000,000

$1,000,000

State General Funds

$1,000,000

$1,000,000

$1,000,000

WEDNESDAY, FEBRUARY 15, 2006

489

TOTAL PUBLIC FUNDS

$1,000,000

$1,000,000

$1,000,000

31. Superior Court Judges

Appropriation (HB85)

The purpose is to be Georgia's general jurisdiction trial court and exercise exclusive, constitutional authority over felony

cases, divorce, equity and cases regarding title to land.

TOTAL STATE FUNDS

$47,290,013

$47,290,013

$47,290,013

State General Funds

$47,290,013

$47,290,013

$47,290,013

TOTAL PUBLIC FUNDS

$47,290,013

$47,290,013

$47,290,013

Changes in Operations / Administration

31.1 Provide funds to replace funds removed by Fiscal Affairs transfer.

State General Funds

$800,000

$800,000

$800,000

Superior Court Judges

Appropriation (HB1026)

The purpose is to be Georgia's general jurisdiction trial court and exercise exclusive, constitutional authority over felony

cases, divorce, equity and cases regarding title to land.

TOTAL STATE FUNDS

$48,090,013

$48,090,013

$48,090,013

State General Funds

$48,090,013

$48,090,013

$48,090,013

TOTAL PUBLIC FUNDS

$48,090,013

$48,090,013

$48,090,013

Section 11: Supreme Court

Section Total (HB85)

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

Final Section Totals

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

32. Supreme Court of Georgia

Appropriation (HB85)

The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of

a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a

law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest.

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

490

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

Supreme Court of Georgia

Appropriation (HB1026)

The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of

a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a

law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest.

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

Section 12: Accounting Office, State

Section Total (HB85)

TOTAL STATE FUNDS

$1,723,889

$1,723,889

$1,723,889

State General Funds

$1,723,889

$1,723,889

$1,723,889

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$10,579,683

$10,579,683

$10,579,683

Final Section Totals

TOTAL STATE FUNDS

$4,326,862

$4,326,862

$3,797,878

State General Funds

$4,326,862

$4,326,862

$3,797,878

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$13,182,656

$13,182,656

$12,653,672

33. State Accounting Office

Appropriation (HB85)

The purpose is to support statewide People Soft financials and human capital management, to provide the comprehensive

annual financial report of Georgia, and to create accounting procedures and policies for state agencies.

TOTAL STATE FUNDS

$1,723,889

$1,723,889

$1,723,889

State General Funds

$1,723,889

$1,723,889

$1,723,889

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

Accounting System Assessments

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$10,579,683

$10,579,683

$10,579,683

One-Time Expense

33.1 Provide funding to analyze business processes in the finance and information technology areas and identify

improvements and cost saving opportunities.

State General Funds

$144,000

$144,000

$144,000

Changes in the Size of the Program

WEDNESDAY, FEBRUARY 15, 2006

491

33.2 Increase funds to implement the consolidated banking initiative.

State General Funds

$1,758,173

$1,758,173

$1,758,173

33.3 Increase funds for accounts receivable initiative.

State General Funds

$700,800

$700,800

$700,800

33.4 Reduce funds based on estimated expenditures of only 95% of budget.

State General Funds

($528,984)

State Accounting Office

Appropriation (HB1026)

The purpose is to support statewide People Soft financials and human capital management, to provide the comprehensive

annual financial report of Georgia, and to create accounting procedures and policies for state agencies.

TOTAL STATE FUNDS

$4,326,862

$4,326,862

$3,797,878

State General Funds

$4,326,862

$4,326,862

$3,797,878

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

Accounting System Assessments

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$13,182,656

$13,182,656

$12,653,672

Section 13: Administrative Services, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$24,762,477

$24,762,477

$24,762,477

State General Funds

$24,762,477

$24,762,477

$24,762,477

TOTAL AGENCY FUNDS

$9,923,958

$9,923,958

$9,923,958

Reserved Fund Balances

$2,020,000

$2,020,000

$2,020,000

Interest and Investment Income

$262,121

$262,121

$262,121

Rebates, Refunds, and Reimbursements

$497,831

$497,831

$497,831

Royalties and Rents

$210,151

$210,151

$210,151

Sales and Services

$6,933,855

$6,933,855

$6,933,855

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$143,043,553 $143,043,553 $143,043,553

TOTAL PUBLIC FUNDS

$177,729,988 $177,729,988 $177,729,988

Final Section Totals

TOTAL STATE FUNDS

$24,777,639

$24,777,639

$24,070,030

State General Funds

$24,777,639

$24,777,639

$24,070,030

TOTAL AGENCY FUNDS

$7,522,105

$7,522,105

$8,209,289

Reserved Fund Balances

$2,020,000

$2,020,000

$2,399,184

492

JOURNAL OF THE SENATE

Interest and Investment Income

$262,121

$262,121

$262,121

Rebates, Refunds, and Reimbursements

$497,831

$497,831

$497,831

Royalties and Rents

$210,151

$210,151

$210,151

Sales and Services

$4,532,002

$4,532,002

$4,840,002

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$143,180,605 $143,180,605 $143,842,894

TOTAL PUBLIC FUNDS

$175,480,349 $175,480,349 $176,122,213

34. Bulk Paper Sales

Appropriation (HB85)

The purpose is to reduce cost through aggregation of demand for paper in bulk quantities.

TOTAL AGENCY FUNDS

$2,353,715

$2,353,715

$2,353,715

Sales and Services

$2,353,715

$2,353,715

$2,353,715

Bulk Paper Sales

$2,353,715

$2,353,715

$2,353,715

TOTAL PUBLIC FUNDS

$2,353,715

$2,353,715

$2,353,715

Changes in the Size of the Program

34.1 Eliminate the Bulk Paper Sales program.

Bulk Paper Sales

($2,261,523)

($2,261,523)

($2,261,523)

34.2 Transfer one position and salary to Surplus Property program.

Bulk Paper Sales

($92,192)

($92,192)

($92,192)

35. Departmental Administration

Appropriation (HB85)

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$3,514,361

$3,514,361

$3,514,361

State General Funds

$3,514,361

$3,514,361

$3,514,361

TOTAL AGENCY FUNDS

$849,268

$849,268

$849,268

Interest and Investment Income

$62,121

$62,121

$62,121

Interest and Investment Income Not Itemized

$62,121

$62,121

$62,121

Royalties and Rents

$59,151

$59,151

$59,151

Royalties and Rents Not Itemized

$59,151

$59,151

$59,151

Sales and Services

$727,996

$727,996

$727,996

Sales and Services Not Itemized

$20,387

$20,387

$20,387

Surplus Property Sales

$707,609

$707,609

$707,609

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,180,740

$1,180,740

$1,180,740

WEDNESDAY, FEBRUARY 15, 2006

493

Agency to Agency Contracts

$21,818

$21,818

$21,818

Mail and Courier Services

$250,719

$250,719

$250,719

Motor Vehicle Rental Payments

$203,686

$203,686

$203,686

Risk Management Assessments

$704,517

$704,517

$704,517

TOTAL PUBLIC FUNDS

$5,544,369

$5,544,369

$5,544,369

Statewide Changes

35.1 WC, GTA, and GBA

State General Funds

$4,581

$4,581

$4,581

Changes in the Size of the Program

35.2 Reduce funds based on current expenditure patterns and the lack of use of Surplus Property Sales funds.

State General Funds

($707,609)

Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$3,518,942

$3,518,942

$2,811,333

State General Funds

$3,518,942

$3,518,942

$2,811,333

TOTAL AGENCY FUNDS

$849,268

$849,268

$849,268

Interest and Investment Income

$62,121

$62,121

$62,121

Interest and Investment Income Not Itemized

$62,121

$62,121

$62,121

Royalties and Rents

$59,151

$59,151

$59,151

Royalties and Rents Not Itemized

$59,151

$59,151

$59,151

Sales and Services

$727,996

$727,996

$727,996

Sales and Services Not Itemized

$20,387

$20,387

$20,387

Surplus Property Sales

$707,609

$707,609

$707,609

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,180,740

$1,180,740

$1,180,740

Agency to Agency Contracts

$21,818

$21,818

$21,818

Mail and Courier Services

$250,719

$250,719

$250,719

Motor Vehicle Rental Payments

$203,686

$203,686

$203,686

Risk Management Assessments

$704,517

$704,517

$704,517

TOTAL PUBLIC FUNDS

$5,548,950

$5,548,950

$4,841,341

494

JOURNAL OF THE SENATE

36. Fiscal Services

Appropriation (HB85)

The purpose is to provide administrative functions, services, and equipment necessary for the fulfillment of the

responsibilities of the superior courts, to provide pass-thru to appropriate authorities, and to act as administrative

managers of attached agencies.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$307,228

$307,228

$307,228

Agency to Agency Contracts

$307,228

$307,228

$307,228

TOTAL PUBLIC FUNDS

$307,228

$307,228

$307,228

Fiscal Services

Appropriation (HB1026)

The purpose is to provide administrative functions, services, and equipment necessary for the fulfillment of the

responsibilities of the superior courts, to provide pass-thru to appropriate authorities, and to act as administrative

managers of attached agencies.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$307,228

$307,228

$307,228

Agency to Agency Contracts

$307,228

$307,228

$307,228

TOTAL PUBLIC FUNDS

$307,228

$307,228

$307,228

37. Fleet Management

Appropriation (HB85)

The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle

fleet.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,409,075

$2,409,075

$2,409,075

Motor Vehicle Rental Payments

$2,409,075

$2,409,075

$2,409,075

TOTAL PUBLIC FUNDS

$2,409,075

$2,409,075

$2,409,075

One-Time Expense

37.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to hire a

consultant engaged in the collection of Federal Fuel Tax recovery.

Motor Vehicle Rental Payments

$100,000

Changes in the Size of the Program

37.1 Transfer one position and salary from Service Contract Management program.

Motor Vehicle Rental Payments

$56,220

$56,220

$56,220

Fleet Management

Appropriation (HB1026)

The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle

fleet.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,465,295

$2,465,295

$2,565,295

WEDNESDAY, FEBRUARY 15, 2006

495

Motor Vehicle Rental Payments TOTAL PUBLIC FUNDS

$2,465,295 $2,465,295

$2,465,295 $2,465,295

$2,565,295 $2,565,295

38. Mail and Courier

Appropriation (HB85)

The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery

services.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,281,259

$1,281,259

$1,281,259

Mail and Courier Services

$1,281,259

$1,281,259

$1,281,259

TOTAL PUBLIC FUNDS

$1,281,259

$1,281,259

$1,281,259

One-Time Expense

38.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to hire temps.

Mail and Courier Services

$13,500

Changes in the Size of the Program

38.1 Transfer funds and activities from Service Contract Management program.

Mail and Courier Services

$80,832

$80,832

$80,832

Mail and Courier

Appropriation (HB1026)

The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery

services.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,362,091

$1,362,091

$1,375,591

Mail and Courier Services

$1,362,091

$1,362,091

$1,375,591

TOTAL PUBLIC FUNDS

$1,362,091

$1,362,091

$1,375,591

39. Risk Management

Appropriation (HB85)

The purpose is cost minimization and fair treatment of citizens through effective claims management.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$137,263,943 $137,263,943 $137,263,943

Agency to Agency Contracts

$976,165

$976,165

$976,165

Liability Funds

$51,741,328

$51,741,328

$51,741,328

Property Insurance Funds

$20,659,798

$20,659,798

$20,659,798

Unemployment Compensation Funds

$8,045,289

$8,045,289

$8,045,289

Workers Compensation Funds

$55,841,363

$55,841,363

$55,841,363

TOTAL PUBLIC FUNDS

$137,263,943 $137,263,943 $137,263,943

496

JOURNAL OF THE SENATE

Risk Management

Appropriation (HB1026)

The purpose is cost minimization and fair treatment of citizens through effective claims management.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$137,263,943 $137,263,943 $137,263,943

Agency to Agency Contracts

$976,165

$976,165

$976,165

Liability Funds

$51,741,328

$51,741,328

$51,741,328

Property Insurance Funds

$20,659,798

$20,659,798

$20,659,798

Unemployment Compensation Funds

$8,045,289

$8,045,289

$8,045,289

Workers Compensation Funds

$55,841,363

$55,841,363

$55,841,363

TOTAL PUBLIC FUNDS

$137,263,943 $137,263,943 $137,263,943

40. Service Contract Management

Appropriation (HB85)

The purpose is to provide customer cost avoidance for service contracts through aggregation of demand, competitive

procurement, and contract management.

TOTAL AGENCY FUNDS

$140,330

$140,330

$140,330

Sales and Services

$140,330

$140,330

$140,330

Sales and Services Not Itemized

$140,330

$140,330

$140,330

TOTAL PUBLIC FUNDS

$140,330

$140,330

$140,330

Changes in the Size of the Program

40.1 Eliminate the Service Contract Management program.

Sales and Services Not Itemized

($3,278)

($3,278)

($3,278)

40.2 Transfer one position and salary to Fleet Management program.

Sales and Services Not Itemized

($56,220)

($56,220)

($56,220)

40.3 Transfer funds and activities to Mail and Courier program.

Sales and Services Not Itemized

($80,832)

($80,832)

($80,832)

42. State Purchasing

Appropriation (HB85)

The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement.

TOTAL STATE FUNDS

$16,623,841

$16,623,841

$16,623,841

State General Funds

$16,623,841

$16,623,841

$16,623,841

TOTAL AGENCY FUNDS

$2,167,831

$2,167,831

$2,167,831

Reserved Fund Balances

$2,020,000

$2,020,000

$2,020,000

Universal Service Fund

$2,020,000

$2,020,000

$2,020,000

Rebates, Refunds, and Reimbursements

$147,831

$147,831

$147,831

WEDNESDAY, FEBRUARY 15, 2006

497

Purchasing Card rebates

$147,831

$147,831

$147,831

TOTAL PUBLIC FUNDS

$18,791,672

$18,791,672

$18,791,672

Statewide Changes

42.1 WC, GTA, and GBA

State General Funds

$6,080

$6,080

$6,080

Changes in the Size of the Program

42.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for departmental reserves to add

eleven positions for the Enterprise Asset Management Program and funds for ten new positions transferred from GTA.

Agency Funds Prior Year

$379,184

Agency to Agency Contracts

$468,789

TOTAL PUBLIC FUNDS

$847,973

State Purchasing

Appropriation (HB1026)

The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement.

TOTAL STATE FUNDS

$16,629,921

$16,629,921

$16,629,921

State General Funds

$16,629,921

$16,629,921

$16,629,921

TOTAL AGENCY FUNDS

$2,167,831

$2,167,831

$2,547,015

Reserved Fund Balances

$2,020,000

$2,020,000

$2,399,184

Agency Funds Prior Year

$379,184

Universal Service Fund

$2,020,000

$2,020,000

$2,020,000

Rebates, Refunds, and Reimbursements

$147,831

$147,831

$147,831

Purchasing Card rebates

$147,831

$147,831

$147,831

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$468,789

Agency to Agency Contracts

$468,789

TOTAL PUBLIC FUNDS

$18,797,752

$18,797,752

$19,645,725

43. Surplus Property

Appropriation (HB85)

The purpose is to reduce cost through maximization of the useful life of state-owned equipment.

TOTAL AGENCY FUNDS

$1,885,035

$1,885,035

$1,885,035

Sales and Services

$1,885,035

$1,885,035

$1,885,035

Surplus Property Sales

$1,885,035

$1,885,035

$1,885,035

TOTAL PUBLIC FUNDS

$1,885,035

$1,885,035

$1,885,035

Changes in the Size of the Program

498

JOURNAL OF THE SENATE

43.1 Transfer one position and salary from the Bulk Paper Sales program.

Surplus Property Sales

$92,192

$92,192

$92,192

43.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to lease a new

warehouse.

Surplus Property Sales

$308,000

Surplus Property

Appropriation (HB1026)

The purpose is to reduce cost through maximization of the useful life of state-owned equipment.

TOTAL AGENCY FUNDS

$1,977,227

$1,977,227

$2,285,227

Sales and Services

$1,977,227

$1,977,227

$2,285,227

Surplus Property Sales

$1,977,227

$1,977,227

$2,285,227

TOTAL PUBLIC FUNDS

$1,977,227

$1,977,227

$2,285,227

44. U.S. Post Office

Appropriation (HB85)

The purpose is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS

$9,593

$9,593

$9,593

State General Funds

$9,593

$9,593

$9,593

TOTAL AGENCY FUNDS

$151,000

$151,000

$151,000

Royalties and Rents

$151,000

$151,000

$151,000

Royalties and Rents Not Itemized

$151,000

$151,000

$151,000

TOTAL PUBLIC FUNDS

$160,593

$160,593

$160,593

Statewide Changes

44.1 WC, GTA, and GBA

State General Funds

$79

$79

$79

U.S. Post Office

Appropriation (HB1026)

The purpose is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS

$9,672

$9,672

$9,672

State General Funds

$9,672

$9,672

$9,672

TOTAL AGENCY FUNDS

$151,000

$151,000

$151,000

Royalties and Rents

$151,000

$151,000

$151,000

Royalties and Rents Not Itemized

$151,000

$151,000

$151,000

TOTAL PUBLIC FUNDS

$160,672

$160,672

$160,672

WEDNESDAY, FEBRUARY 15, 2006

499

45. Administrative Hearings, Office of State

Appropriation (HB85)

The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

TOTAL STATE FUNDS

$3,717,517

$3,717,517

$3,717,517

State General Funds

$3,717,517

$3,717,517

$3,717,517

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$601,308

$601,308

$601,308

Administrative Hearing Payments

$601,308

$601,308

$601,308

TOTAL PUBLIC FUNDS

$4,318,825

$4,318,825

$4,318,825

Statewide Changes

45.1 WC, GTA, and GBA

State General Funds

$3,948

$3,948

$3,948

Changes in the Size of the Program

45.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to reimburse

the Department of Public Safety for the provision of security detail for OSAH hearings.

Administrative Hearing Payments

$80,000

Administrative Hearings, Office of State

Appropriation (HB1026)

The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

TOTAL STATE FUNDS

$3,721,465

$3,721,465

$3,721,465

State General Funds

$3,721,465

$3,721,465

$3,721,465

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$601,308

$601,308

$681,308

Administrative Hearing Payments

$601,308

$601,308

$681,308

TOTAL PUBLIC FUNDS

$4,322,773

$4,322,773

$4,402,773

46. Hazardous Materials, Agency for the Removal of

Appropriation (HB85)

The purpose is to establish and administer a program for the abatement and removal of asbestos and other hazardous

materials from premises of the state.

TOTAL STATE FUNDS

$85,354

$85,354

$85,354

State General Funds

$85,354

$85,354

$85,354

TOTAL PUBLIC FUNDS

$85,354

$85,354

$85,354

Hazardous Materials, Agency for the Removal of

Appropriation (HB1026)

The purpose is to establish and administer a program for the abatement and removal of asbestos and other hazardous

materials from premises of the state.

TOTAL STATE FUNDS

$85,354

$85,354

$85,354

500

JOURNAL OF THE SENATE

State General Funds

$85,354

$85,354

$85,354

TOTAL PUBLIC FUNDS

$85,354

$85,354

$85,354

47. Health Planning Review Board

Appropriation (HB85)

The purpose is to review decisions made by hearing officers.

TOTAL STATE FUNDS

$60,473

$60,473

$60,473

State General Funds

$60,473

$60,473

$60,473

TOTAL PUBLIC FUNDS

$60,473

$60,473

$60,473

Health Planning Review Board

Appropriation (HB1026)

The purpose is to review decisions made by hearing officers.

TOTAL STATE FUNDS

$60,473

$60,473

$60,473

State General Funds

$60,473

$60,473

$60,473

TOTAL PUBLIC FUNDS

$60,473

$60,473

$60,473

48. Payments to Georgia Technology Authority

Appropriation (HB85)

The purpose is to provide for procurement of technology resources, enterprise management, and portfolio management as

well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access online or in

volume, of certain public information maintained in electronic format to the public.

TOTAL STATE FUNDS

$396,769

$396,769

$396,769

State General Funds

$396,769

$396,769

$396,769

TOTAL PUBLIC FUNDS

$396,769

$396,769

$396,769

Payments to Georgia Technology Authority

Appropriation (HB1026)

The purpose is to provide for procurement of technology resources, enterprise management, and portfolio management as

well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access online or in

volume, of certain public information maintained in electronic format to the public.

TOTAL STATE FUNDS

$396,769

$396,769

$396,769

State General Funds

$396,769

$396,769

$396,769

TOTAL PUBLIC FUNDS

$396,769

$396,769

$396,769

49. Treasury and Fiscal Services, Office of

Appropriation (HB85)

The purpose is to receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and

to pay all warrants legally drawn on the treasury.

TOTAL STATE FUNDS

$354,569

$354,569

$354,569

State General Funds

$354,569

$354,569

$354,569

WEDNESDAY, FEBRUARY 15, 2006

501

TOTAL AGENCY FUNDS

$2,376,779

$2,376,779

$2,376,779

Interest and Investment Income

$200,000

$200,000

$200,000

Interest and Investment Income Not Itemized

$200,000

$200,000

$200,000

Rebates, Refunds, and Reimbursements

$350,000

$350,000

$350,000

Rebates, Refunds, and Reimbursements Not Itemized

$350,000

$350,000

$350,000

Sales and Services

$1,826,779

$1,826,779

$1,826,779

Collection/Administrative Fees

$1,826,779

$1,826,779

$1,826,779

TOTAL PUBLIC FUNDS

$2,731,348

$2,731,348

$2,731,348

Statewide Changes

49.1 WC, GTA, and GBA

State General Funds

$474

$474

$474

Treasury and Fiscal Services, Office of

Appropriation (HB1026)

The purpose is to receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and

to pay all warrants legally drawn on the treasury.

TOTAL STATE FUNDS

$355,043

$355,043

$355,043

State General Funds

$355,043

$355,043

$355,043

TOTAL AGENCY FUNDS

$2,376,779

$2,376,779

$2,376,779

Interest and Investment Income

$200,000

$200,000

$200,000

Interest and Investment Income Not Itemized

$200,000

$200,000

$200,000

Rebates, Refunds, and Reimbursements

$350,000

$350,000

$350,000

Rebates, Refunds, and Reimbursements Not Itemized

$350,000

$350,000

$350,000

Sales and Services

$1,826,779

$1,826,779

$1,826,779

Collection/Administrative Fees

$1,826,779

$1,826,779

$1,826,779

TOTAL PUBLIC FUNDS

$2,731,822

$2,731,822

$2,731,822

Section 14: Agriculture, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$40,871,168

$40,871,168

$40,871,168

State General Funds

$40,871,168

$40,871,168

$40,871,168

TOTAL FEDERAL FUNDS

$7,076,968

$7,076,968

$7,076,968

Consolidated Pesticide Enforcement CFDA66.700

$675,000

$675,000

$675,000

Food & Drug Administration Research CFDA93.103

$45,000

$45,000

$45,000

502

JOURNAL OF THE SENATE

Intrastate Meat & Poultry Inspection CFDA10.475

$6,005,308

$6,005,308

$6,005,308

Manufacturing & Services CFDA11.11

$4,808

$4,808

$4,808

Market News CFDA10.153

$111,852

$111,852

$111,852

Plant and Animal Disease, Pest Control, & Animal Care

$235,000

$235,000

$235,000

CFDA10.025

TOTAL AGENCY FUNDS

$1,657,042

$1,657,042

$1,657,042

Intergovernmental Transfers

$748,420

$748,420

$748,420

Sales and Services

$908,622

$908,622

$908,622

TOTAL PUBLIC FUNDS

$49,605,178

$49,605,178

$49,605,178

Final Section Totals

TOTAL STATE FUNDS

$42,346,371

$42,644,085

$42,979,063

State General Funds

$42,346,371

$42,644,085

$42,979,063

TOTAL FEDERAL FUNDS

$7,076,968

$7,076,968

$7,076,968

Consolidated Pesticide Enforcement CFDA66.700

$675,000

$675,000

$675,000

Food & Drug Administration Research CFDA93.103

$45,000

$45,000

$45,000

Intrastate Meat & Poultry Inspection CFDA10.475

$6,005,308

$6,005,308

$6,005,308

Manufacturing & Services CFDA11.11

$4,808

$4,808

$4,808

Market News CFDA10.153

$111,852

$111,852

$111,852

Plant and Animal Disease, Pest Control, & Animal Care

$235,000

$235,000

$235,000

CFDA10.025

TOTAL AGENCY FUNDS

$1,657,042

$1,657,042

$1,657,042

Intergovernmental Transfers

$748,420

$748,420

$748,420

Sales and Services

$908,622

$908,622

$908,622

TOTAL PUBLIC FUNDS

$51,080,381

$51,378,095

$51,713,073

50. Athens and Tifton Veterinary Laboratories

Appropriation (HB85)

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$3,271,132

$3,271,132

$3,271,132

State General Funds

$3,271,132

$3,271,132

$3,271,132

TOTAL PUBLIC FUNDS

$3,271,132

$3,271,132

$3,271,132

WEDNESDAY, FEBRUARY 15, 2006

503

Athens and Tifton Veterinary Laboratories

Appropriation (HB1026)

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$3,271,132

$3,271,132

$3,271,132

State General Funds

$3,271,132

$3,271,132

$3,271,132

TOTAL PUBLIC FUNDS

$3,271,132

$3,271,132

$3,271,132

51. Consumer Protection

Appropriation (HB85)

The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock.

TOTAL STATE FUNDS

$20,634,327

$20,634,327

$20,634,327

State General Funds

$20,634,327

$20,634,327

$20,634,327

TOTAL FEDERAL FUNDS

$7,020,116

$7,020,116

$7,020,116

Consolidated Pesticide Enforcement CFDA66.700

$675,000

$675,000

$675,000

Food & Drug Administration Research CFDA93.103

$45,000

$45,000

$45,000

Intrastate Meat & Poultry Inspection CFDA10.475

$6,005,308

$6,005,308

$6,005,308

Manufacturing & Services CFDA11.11

$4,808

$4,808

$4,808

Market News CFDA10.153

$55,000

$55,000

$55,000

Plant and Animal Disease, Pest Control, & Animal Care

$235,000

$235,000

$235,000

CFDA10.025

TOTAL AGENCY FUNDS

$1,339,677

$1,339,677

$1,339,677

Intergovernmental Transfers

$748,420

$748,420

$748,420

Authority/local government payments to state agencies

$748,420

$748,420

$748,420

Sales and Services

$591,257

$591,257

$591,257

Regulatory Fees

$591,257

$591,257

$591,257

TOTAL PUBLIC FUNDS

$28,994,120

$28,994,120

$28,994,120

Statewide Changes

51.1 WC, GTA, and GBA

State General Funds

$33,670

$33,670

$33,670

Changes in the Size of the Program

51.2 Increase the pay grade for plant protection field agents from eleven to twelve and plant protection supervisor from

pay grade twelve to thirteen. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

504

JOURNAL OF THE SENATE

51.4 Reduce funding to reflect savings from implementation of a new pest control certification testing program at

Technical Colleges.

State General Funds

($116,000)

($17,500)

Consumer Protection

Appropriation (HB1026)

The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock.

TOTAL STATE FUNDS

$20,667,997

$20,551,997

$20,650,497

State General Funds

$20,667,997

$20,551,997

$20,650,497

TOTAL FEDERAL FUNDS

$7,020,116

$7,020,116

$7,020,116

Consolidated Pesticide Enforcement CFDA66.700

$675,000

$675,000

$675,000

Food & Drug Administration Research CFDA93.103

$45,000

$45,000

$45,000

Intrastate Meat & Poultry Inspection CFDA10.475

$6,005,308

$6,005,308

$6,005,308

Manufacturing & Services CFDA11.11

$4,808

$4,808

$4,808

Market News CFDA10.153

$55,000

$55,000

$55,000

Plant and Animal Disease, Pest Control, & Animal Care

$235,000

$235,000

$235,000

CFDA10.025

TOTAL AGENCY FUNDS

$1,339,677

$1,339,677

$1,339,677

Intergovernmental Transfers

$748,420

$748,420

$748,420

Authority/local government payments to state agencies

$748,420

$748,420

$748,420

Sales and Services

$591,257

$591,257

$591,257

Regulatory Fees

$591,257

$591,257

$591,257

TOTAL PUBLIC FUNDS

$29,027,790

$28,911,790

$29,010,290

52. Departmental Administration

Appropriation (HB85)

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$5,967,006

$5,967,006

$5,967,006

State General Funds

$5,967,006

$5,967,006

$5,967,006

TOTAL FEDERAL FUNDS

$37,776

$37,776

$37,776

Market News CFDA10.153

$37,776

$37,776

$37,776

TOTAL AGENCY FUNDS

$211,680

$211,680

$211,680

Sales and Services

$211,680

$211,680

$211,680

Collection/Administrative Fees

$211,680

$211,680

$211,680

TOTAL PUBLIC FUNDS

$6,216,462

$6,216,462

$6,216,462

WEDNESDAY, FEBRUARY 15, 2006

505

Statewide Changes

52.1 WC, GTA, and GBA

State General Funds

$7,479

$7,479

$7,479

One-Time Expense

52.2 Replace fifty (H:twenty five) vehicles used by department inspectors in excess of 135,000 miles.

State General Funds

$1,027,044

$513,522

$750,000

52.3 Provide funds to automate the food safety inspection process and promote accurate and efficient inspections.

State General Funds

$245,000

$392,236

$392,236

52.4 Provide funds to automate the weights inspection process and promote accurate and efficient inspections.

State General Funds

$105,000

$115,000

$115,000

52.5 Provide funds to be matched by $1,000,000 in private funding to construct an addition to the livestock facility in

Bainbridge.

State General Funds

$600,000

$600,000

Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$7,351,529

$7,595,243

$7,831,721

State General Funds

$7,351,529

$7,595,243

$7,831,721

TOTAL FEDERAL FUNDS

$37,776

$37,776

$37,776

Market News CFDA10.153

$37,776

$37,776

$37,776

TOTAL AGENCY FUNDS

$211,680

$211,680

$211,680

Sales and Services

$211,680

$211,680

$211,680

Collection/Administrative Fees

$211,680

$211,680

$211,680

TOTAL PUBLIC FUNDS

$7,600,985

$7,844,699

$8,081,177

53. Marketing and Promotion

Appropriation (HB85)

The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

TOTAL STATE FUNDS

$7,857,881

$7,857,881

$7,857,881

State General Funds

$7,857,881

$7,857,881

$7,857,881

TOTAL FEDERAL FUNDS

$19,076

$19,076

$19,076

Market News CFDA10.153

$19,076

$19,076

$19,076

TOTAL AGENCY FUNDS

$105,685

$105,685

$105,685

Sales and Services

$105,685

$105,685

$105,685

506

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$105,685

$105,685

$105,685

TOTAL PUBLIC FUNDS

$7,982,642

$7,982,642

$7,982,642

Statewide Changes

53.1 WC, GTA, and GBA

State General Funds

$8,604

$8,604

$8,604

Marketing and Promotion

Appropriation (HB1026)

The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

TOTAL STATE FUNDS

$7,866,485

$7,866,485

$7,866,485

State General Funds

$7,866,485

$7,866,485

$7,866,485

TOTAL FEDERAL FUNDS

$19,076

$19,076

$19,076

Market News CFDA10.153

$19,076

$19,076

$19,076

TOTAL AGENCY FUNDS

$105,685

$105,685

$105,685

Sales and Services

$105,685

$105,685

$105,685

Sales and Services Not Itemized

$105,685

$105,685

$105,685

TOTAL PUBLIC FUNDS

$7,991,246

$7,991,246

$7,991,246

54. Poultry Veterinary Diagnostic Labs

Appropriation (HB85)

The purpose is to provide diagnostic and monitoring services to Georgia poultry growers.

TOTAL STATE FUNDS

$3,140,822

$3,140,822

$3,140,822

State General Funds

$3,140,822

$3,140,822

$3,140,822

TOTAL PUBLIC FUNDS

$3,140,822

$3,140,822

$3,140,822

Statewide Changes

54.1 WC, GTA, and GBA

State General Funds

$48,406

$48,406

$48,406

Changes in the Size of the Program

54.2 Provide funds for a Liquid Handling System for Avian Influenza Virus Testing.

State General Funds

$170,000

$170,000

Poultry Veterinary Diagnostic Labs

Appropriation (HB1026)

The purpose is to provide diagnostic and monitoring services to Georgia poultry growers.

TOTAL STATE FUNDS

$3,189,228

$3,359,228

$3,359,228

State General Funds

$3,189,228

$3,359,228

$3,359,228

TOTAL PUBLIC FUNDS

$3,189,228

$3,359,228

$3,359,228

WEDNESDAY, FEBRUARY 15, 2006

507

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in

amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 15: Banking and Finance, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$10,976,353

$10,976,353

$10,976,353

State General Funds

$10,976,353

$10,976,353

$10,976,353

TOTAL PUBLIC FUNDS

$10,976,353

$10,976,353

$10,976,353

Final Section Totals

TOTAL STATE FUNDS

$11,062,752

$11,062,752

$11,062,752

State General Funds

$11,062,752

$11,062,752

$11,062,752

TOTAL PUBLIC FUNDS

$11,062,752

$11,062,752

$11,062,752

55. Chartering, Licensing and Applications/Non-Mortgage Entities

Appropriation (HB85)

The purpose is to provide efficient and flexible application, registration and notification procedures for financial

institutions that are in compliance with applicable laws, regulations and department policies.

TOTAL STATE FUNDS

$495,504

$495,504

$495,504

State General Funds

$495,504

$495,504

$495,504

TOTAL PUBLIC FUNDS

$495,504

$495,504

$495,504

Statewide Changes

55.1 WC, GTA, and GBA

State General Funds

$222

$222

$222

Chartering, Licensing and Applications/Non-Mortgage Entities

Appropriation (HB1026)

The purpose is to provide efficient and flexible application, registration and notification procedures for financial

institutions that are in compliance with applicable laws, regulations and department policies.

TOTAL STATE FUNDS

$495,726

$495,726

$495,726

State General Funds

$495,726

$495,726

$495,726

TOTAL PUBLIC FUNDS

$495,726

$495,726

$495,726

56. Consumer Protection and Assistance

Appropriation (HB85)

The purpose is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS

$515,920

$515,920

$515,920

State General Funds

$515,920

$515,920

$515,920

TOTAL PUBLIC FUNDS

$515,920

$515,920

$515,920

Statewide Changes

508

JOURNAL OF THE SENATE

56.1 WC, GTA, and GBA

State General Funds

$175

$175

$175

Consumer Protection and Assistance

Appropriation (HB1026)

The purpose is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS

$516,095

$516,095

$516,095

State General Funds

$516,095

$516,095

$516,095

TOTAL PUBLIC FUNDS

$516,095

$516,095

$516,095

57. Departmental Administration

Appropriation (HB85)

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$1,645,199

$1,645,199

$1,645,199

State General Funds

$1,645,199

$1,645,199

$1,645,199

TOTAL PUBLIC FUNDS

$1,645,199

$1,645,199

$1,645,199

Statewide Changes

57.1 WC, GTA, and GBA

State General Funds

$720

$720

$720

Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$1,645,919

$1,645,919

$1,645,919

State General Funds

$1,645,919

$1,645,919

$1,645,919

TOTAL PUBLIC FUNDS

$1,645,919

$1,645,919

$1,645,919

58. Financial Institution Supervision

Appropriation (HB85)

The purpose is to provide for safe and sound operation of Georgia state-chartered financial institutions, and to protect the

interests of the depositors, creditors and shareholders of those institutions.

TOTAL STATE FUNDS

$6,581,431

$6,581,431

$6,581,431

State General Funds

$6,581,431

$6,581,431

$6,581,431

TOTAL PUBLIC FUNDS

$6,581,431

$6,581,431

$6,581,431

Statewide Changes

58.1 WC, GTA, and GBA

State General Funds

$2,913

$2,913

$2,913

One-Time Expense

WEDNESDAY, FEBRUARY 15, 2006

509

58.2 Replace five vehicles in excess of 135,000 miles.

State General Funds

$81,615

$81,615

$81,615

Financial Institution Supervision

Appropriation (HB1026)

The purpose is to provide for safe and sound operation of Georgia state-chartered financial institutions, and to protect the

interests of the depositors, creditors and shareholders of those institutions.

TOTAL STATE FUNDS

$6,665,959

$6,665,959

$6,665,959

State General Funds

$6,665,959

$6,665,959

$6,665,959

TOTAL PUBLIC FUNDS

$6,665,959

$6,665,959

$6,665,959

59. Mortgage Supervision

Appropriation (HB85)

The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and

enforce applicable laws and regulations.

TOTAL STATE FUNDS

$1,738,299

$1,738,299

$1,738,299

State General Funds

$1,738,299

$1,738,299

$1,738,299

TOTAL PUBLIC FUNDS

$1,738,299

$1,738,299

$1,738,299

Statewide Changes

59.1 WC, GTA, and GBA

State General Funds

$754

$754

$754

Mortgage Supervision

Appropriation (HB1026)

The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and

enforce applicable laws and regulations.

TOTAL STATE FUNDS

$1,739,053

$1,739,053

$1,739,053

State General Funds

$1,739,053

$1,739,053

$1,739,053

TOTAL PUBLIC FUNDS

$1,739,053

$1,739,053

$1,739,053

Section 16: Community Affairs, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$80,217,219

$80,217,219

$80,217,219

State General Funds

$33,093,886

$33,093,886

$33,093,886

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,123,333

TOTAL FEDERAL FUNDS

$93,566,048

$93,566,048

$93,566,048

Appalachian Regional Commission CFDA23.011

$172,825

$172,825

$172,825

510

JOURNAL OF THE SENATE

Community Development Block Grants/State's Program

$31,410,041

$31,410,041

$31,410,041

CFDA14.228

Corporation for National & Community Services CFDA94.003

$475,767

$475,767

$475,767

HUD-Section 8 CFDA14.156

$56,507,415

$56,507,415

$56,507,415

Learn & Serve School Based Grants CFDA94.006

$5,000,000

$5,000,000

$5,000,000

TOTAL AGENCY FUNDS

$10,831,688

$10,831,688

$10,831,688

Reserved Fund Balances

$9,715

$9,715

$9,715

Intergovernmental Transfers

$9,477,792

$9,477,792

$9,477,792

Sales and Services

$1,344,181

$1,344,181

$1,344,181

TOTAL PUBLIC FUNDS

$184,614,955 $184,614,955 $184,614,955

Final Section Totals

TOTAL STATE FUNDS

$86,436,755

$83,471,755

$83,341,755

State General Funds

$39,313,422

$36,348,422

$36,313,422

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,028,333

TOTAL FEDERAL FUNDS

$93,566,048

$93,566,048 $108,529,689

Appalachian Regional Commission CFDA23.011

$172,825

$172,825

$172,825

Community Development Block Grants/State's Program

$31,410,041

$31,410,041

$44,810,041

CFDA14.228

Corporation for National & Community Services CFDA94.003

$475,767

$475,767

$195,428

HUD-Section 8 CFDA14.156

$56,507,415

$56,507,415

$58,351,395

Learn & Serve School Based Grants CFDA94.006

$5,000,000

$5,000,000

$5,000,000

TOTAL AGENCY FUNDS

$10,831,688

$10,831,688

$13,294,033

Reserved Fund Balances

$9,715

$9,715

$2,236,359

Intergovernmental Transfers

$9,477,792

$9,477,792

$9,713,493

Sales and Services

$1,344,181

$1,344,181

$1,344,181

TOTAL PUBLIC FUNDS

$190,834,491 $187,869,491 $205,165,477

60. Building Construction

Appropriation (HB85)

The purpose is to establish minimum building construction standards for all new structures including mass-produced

factory built (modular) buildings built in the state.

TOTAL STATE FUNDS

$279,403

$279,403

$279,403

State General Funds

$279,403

$279,403

$279,403

WEDNESDAY, FEBRUARY 15, 2006

511

TOTAL AGENCY FUNDS

$171,722

$171,722

$171,722

Sales and Services

$171,722

$171,722

$171,722

Regulatory Fees

$171,722

$171,722

$171,722

TOTAL PUBLIC FUNDS

$451,125

$451,125

$451,125

Statewide Changes

60.1 WC, GTA, and GBA

State General Funds

$492

$492

$492

Building Construction

Appropriation (HB1026)

The purpose is to establish minimum building construction standards for all new structures including mass-produced

factory built (modular) buildings built in the state.

TOTAL STATE FUNDS

$279,895

$279,895

$279,895

State General Funds

$279,895

$279,895

$279,895

TOTAL AGENCY FUNDS

$171,722

$171,722

$171,722

Sales and Services

$171,722

$171,722

$171,722

Regulatory Fees

$171,722

$171,722

$171,722

TOTAL PUBLIC FUNDS

$451,617

$451,617

$451,617

61. Coordinated Planning

Appropriation (HB85)

The purpose is to give communities the information, assistance, tools and funding needed to successfully implement

planning and quality growth solutions to enhance and fulfill the requirements of Coordinated Comprehensive Planning

according to the Georgia Planning Act of 1989.

TOTAL STATE FUNDS

$3,831,884

$3,831,884

$3,831,884

State General Funds

$3,831,884

$3,831,884

$3,831,884

TOTAL PUBLIC FUNDS

$3,831,884

$3,831,884

$3,831,884

Statewide Changes

61.1 WC, GTA, and GBA

State General Funds

$3,310

$3,310

$3,310

Changes in Operations / Administration

61.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments.

State General Funds

($51,508)

($51,508)

($51,508)

Changes in the Size of the Program

512

JOURNAL OF THE SENATE

61.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee

funds for one position.

Bond Proceeds from prior year

$43,150

Coordinated Planning

Appropriation (HB1026)

The purpose is to give communities the information, assistance, tools and funding needed to successfully implement

planning and quality growth solutions to enhance and fulfill the requirements of Coordinated Comprehensive Planning

according to the Georgia Planning Act of 1989.

TOTAL STATE FUNDS

$3,783,686

$3,783,686

$3,783,686

State General Funds

$3,783,686

$3,783,686

$3,783,686

TOTAL AGENCY FUNDS

$43,150

Intergovernmental Transfers

$43,150

Bond Proceeds from prior year

$43,150

TOTAL PUBLIC FUNDS

$3,783,686

$3,783,686

$3,826,836

62. Departmental Administration

Appropriation (HB85)

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$1,982,095

$1,982,095

$1,982,095

State General Funds

$1,982,095

$1,982,095

$1,982,095

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

Community Development Block Grants/State's Program

$22,000

$22,000

$22,000

CFDA14.228

TOTAL AGENCY FUNDS

$2,476,773

$2,476,773

$2,476,773

Intergovernmental Transfers

$2,476,773

$2,476,773

$2,476,773

Authority/local government payments to state agencies

$2,476,773

$2,476,773

$2,476,773

TOTAL PUBLIC FUNDS

$4,480,868

$4,480,868

$4,480,868

Statewide Changes

62.1 WC, GTA, and GBA

State General Funds

$3,092

$3,092

$3,092

Changes in Operations / Administration

62.2 Redistribute funds from multiple programs to reflect GTA rate structure adjustments.

State General Funds

$95,591

$95,591

$95,591

WEDNESDAY, FEBRUARY 15, 2006

513

Changes in How the Program is Funded

62.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments, increase Bond Allocation Fee

funds to cover one position, and increase GHFA Management Fee funds to cover one position.

Agency Funds Prior Year

$31,662

Bond Proceeds from prior year

$101,909

TOTAL PUBLIC FUNDS

$133,571

Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$2,080,778

$2,080,778

$2,080,778

State General Funds

$2,080,778

$2,080,778

$2,080,778

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

Community Development Block Grants/State's Program

$22,000

$22,000

$22,000

CFDA14.228

TOTAL AGENCY FUNDS

$2,476,773

$2,476,773

$2,610,344

Reserved Fund Balances

$31,662

Agency Funds Prior Year

$31,662

Intergovernmental Transfers

$2,476,773

$2,476,773

$2,578,682

Authority/local government payments to state agencies

$2,476,773

$2,476,773

$2,476,773

Bond Proceeds from prior year

$101,909

TOTAL PUBLIC FUNDS

$4,579,551

$4,579,551

$4,713,122

63. Environmental Education and Assistance

Appropriation (HB85)

The purpose is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS

$973,896

$973,896

$973,896

State General Funds

$973,896

$973,896

$973,896

TOTAL PUBLIC FUNDS

$973,896

$973,896

$973,896

Statewide Changes

63.1 WC, GTA, and GBA

State General Funds

$1,306

$1,306

$1,306

Changes in Operations / Administration

63.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments.

State General Funds

($2,039)

($2,039)

($2,039)

514

JOURNAL OF THE SENATE

Changes in How the Program is Funded

63.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Solid Waste Trust

Funds for three positions and associated expenses for litter prevention, solid waste planning, and recycling programs

through a contract with the Department of Natural Resources.

Solid Waste Trust Fund

$277,000

Environmental Education and Assistance

Appropriation (HB1026)

The purpose is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS

$973,163

$973,163

$973,163

State General Funds

$973,163

$973,163

$973,163

TOTAL AGENCY FUNDS

$277,000

Reserved Fund Balances

$277,000

Solid Waste Trust Fund

$277,000

TOTAL PUBLIC FUNDS

$973,163

$973,163

$1,250,163

64. Federal Community and Economic Development

Appropriation (HB85)

The purpose is to administer incentive programs and education programs as well as provide technical assistance in the

area of economic development to local governments, development authorities, and private for-profit entities.

TOTAL STATE FUNDS

$1,608,212

$1,608,212

$1,608,212

State General Funds

$1,608,212

$1,608,212

$1,608,212

TOTAL FEDERAL FUNDS

$36,985,354

$36,985,354

$36,985,354

Appalachian Regional Commission CFDA23.011

$172,825

$172,825

$172,825

Community Development Block Grants/State's Program

$31,376,154

$31,376,154

$31,376,154

CFDA14.228

Corporation for National & Community Services CFDA94.003

$436,375

$436,375

$436,375

Learn & Serve School Based Grants CFDA94.006

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$38,593,566

$38,593,566

$38,593,566

Statewide Changes

64.1 WC, GTA, and GBA

State General Funds

$2,632

$2,632

$2,632

Changes in Operations / Administration

64.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments.

State General Funds

($1,197)

($1,197)

($1,197)

WEDNESDAY, FEBRUARY 15, 2006

515

Changes in How the Program is Funded

64.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce funds from the

Corporation for National and Community Services Programs, and to add funds from OneGeorgia and the HUD-Community

Development Block Grant Pass

Tobacco Settlement Funds

$75,210

Community Development Block Grants/State's Program CFDA14.228

$13,400,000

Corporation for National & Community Services CFDA94.003

($240,947)

TOTAL PUBLIC FUNDS

$13,234,263

Federal Community and Economic Development Programs

Appropriation (HB1026)

The purpose is to administer incentive programs and education programs as well as provide technical assistance in the

area of economic development to local governments, development authorities, and private for-profit entities.

TOTAL STATE FUNDS

$1,609,647

$1,609,647

$1,684,857

State General Funds

$1,609,647

$1,609,647

$1,609,647

Tobacco Settlement Funds

$75,210

TOTAL FEDERAL FUNDS

$36,985,354

$36,985,354

$50,144,407

Appalachian Regional Commission CFDA23.011

$172,825

$172,825

$172,825

Community Development Block Grants/State's Program

$31,376,154

$31,376,154

$44,776,154

CFDA14.228

Corporation for National & Community Services CFDA94.003

$436,375

$436,375

$195,428

Learn & Serve School Based Grants CFDA94.006

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$38,595,001

$38,595,001

$51,829,264

65. Homeownership programs

Appropriation (HB85)

The purpose is to expand the supply of standard affordable housing through rehabilitation, construction and provide

homeownership opportunities for low and moderate income individuals.

TOTAL AGENCY FUNDS

$4,014,155

$4,014,155

$4,014,155

Intergovernmental Transfers

$4,014,155

$4,014,155

$4,014,155

Authority/local government payments to state agencies

$4,014,155

$4,014,155

$4,014,155

TOTAL PUBLIC FUNDS

$4,014,155

$4,014,155

$4,014,155

Changes in How the Program is Funded

65.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase HUD-HOME funds,

reduce GHFA Management Fee funds, and transfer one position to the Rental Housing program.

516

JOURNAL OF THE SENATE

Agency Funds Prior Year

$134,280

Homeownership programs

Appropriation (HB1026)

The purpose is to expand the supply of standard affordable housing through rehabilitation, construction and provide

homeownership opportunities for low and moderate income individuals.

TOTAL AGENCY FUNDS

$4,014,155

$4,014,155

$4,148,435

Reserved Fund Balances

$134,280

Agency Funds Prior Year

$134,280

Intergovernmental Transfers

$4,014,155

$4,014,155

$4,014,155

Authority/local government payments to state agencies

$4,014,155

$4,014,155

$4,014,155

TOTAL PUBLIC FUNDS

$4,014,155

$4,014,155

$4,148,435

66. Local Assistance Grants

Appropriation (HB85)

The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are

specified by amount, recipient, and purpose in an appropriation to the department.

TOTAL STATE FUNDS

$3,881,066

$3,881,066

$3,881,066

State General Funds

$3,881,066

$3,881,066

$3,881,066

TOTAL PUBLIC FUNDS

$3,881,066

$3,881,066

$3,881,066

Local Assistance Grants

Appropriation (HB1026)

The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are

specified by amount, recipient, and purpose in an appropriation to the department.

TOTAL STATE FUNDS

$3,881,066

$3,881,066

$3,881,066

State General Funds

$3,881,066

$3,881,066

$3,881,066

TOTAL PUBLIC FUNDS

$3,881,066

$3,881,066

$3,881,066

67. Regional Services

Appropriation (HB85)

The purpose is to assist in the marketing, development, and implementation of housing, community and economic

development projects and services and to award grants from the Local Development Fund.

TOTAL STATE FUNDS

$3,096,517

$3,096,517

$3,096,517

State General Funds

$3,096,517

$3,096,517

$3,096,517

TOTAL PUBLIC FUNDS

$3,096,517

$3,096,517

$3,096,517

Statewide Changes

67.1 WC, GTA, and GBA

State General Funds

$2,930

$2,930

$2,930

WEDNESDAY, FEBRUARY 15, 2006

517

Changes in Operations / Administration

67.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments.

State General Funds

($1,627)

($1,627)

($1,627)

67.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funding for the

Georgia Leadership Infrastructure Investment Fund Initiative.

Tobacco Settlement Funds

$500,000

One-Time Expense

67.3 Provide funds to repair hurricane damage to the Coastal Georgia Regional Development Center.

State General Funds

$35,000

$0

Regional Services

Appropriation (HB1026)

The purpose is to assist in the marketing, development, and implementation of housing, community and economic

development projects and services and to award grants from the Local Development Fund.

TOTAL STATE FUNDS

$3,097,820

$3,132,820

$3,597,820

State General Funds

$3,097,820

$3,132,820

$3,097,820

Tobacco Settlement Funds

$500,000

TOTAL PUBLIC FUNDS

$3,097,820

$3,132,820

$3,597,820

68. Rental Housing Programs

Appropriation (HB85)

The purpose is to provide affordable rental housing to very low, low, and moderate-income households by allocating

federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing

Choice Program.

TOTAL STATE FUNDS

$3,287,829

$3,287,829

$3,287,829

State General Funds

$3,287,829

$3,287,829

$3,287,829

TOTAL FEDERAL FUNDS

$56,546,807

$56,546,807

$56,546,807

Corporation for National & Community Services CFDA94.003

$39,392

$39,392

$39,392

HUD-Section 8 CFDA14.156

$56,507,415

$56,507,415

$56,507,415

TOTAL AGENCY FUNDS

$2,996,579

$2,996,579

$2,996,579

Reserved Fund Balances

$9,715

$9,715

$9,715

State Housing Trust Fund

$9,715

$9,715

$9,715

Intergovernmental Transfers

$2,986,864

$2,986,864

$2,986,864

Authority/local government payments to state agencies

$2,986,864

$2,986,864

$2,986,864

TOTAL PUBLIC FUNDS

$62,831,215

$62,831,215

$62,831,215

518

JOURNAL OF THE SENATE

Changes in How the Program is Funded

68.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce HUD-HOME

Administration funds, reduce GHFA Management Fee funds, increase Georgia Housing Assistance Payment Administrators

funds, increase Tax Credit Administration funds, and add three positions.

Corporation for National & Community Services CFDA94.003

($39,392)

HUD-Section 8 CFDA14.156

$1,843,980

Agency Funds Prior Year

$981,421

State Housing Trust Fund

($9,715)

TOTAL PUBLIC FUNDS

$2,776,294

Rental Housing Programs

Appropriation (HB1026)

The purpose is to provide affordable rental housing to very low, low, and moderate-income households by allocating

federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing

Choice Program.

TOTAL STATE FUNDS

$3,287,829

$3,287,829

$3,287,829

State General Funds

$3,287,829

$3,287,829

$3,287,829

TOTAL FEDERAL FUNDS

$56,546,807

$56,546,807

$58,351,395

Corporation for National & Community Services CFDA94.003

$39,392

$39,392

HUD-Section 8 CFDA14.156

$56,507,415

$56,507,415

$58,351,395

TOTAL AGENCY FUNDS

$2,996,579

$2,996,579

$3,968,285

Reserved Fund Balances

$9,715

$9,715

$981,421

Agency Funds Prior Year

$981,421

State Housing Trust Fund

$9,715

$9,715

Intergovernmental Transfers

$2,986,864

$2,986,864

$2,986,864

Authority/local government payments to state agencies

$2,986,864

$2,986,864

$2,986,864

TOTAL PUBLIC FUNDS

$62,831,215

$62,831,215

$65,607,509

69. Research and Surveys

Appropriation (HB85)

The purpose is to conduct surveys and collect financial/management data from local governments and authorities as

directed by statute.

TOTAL STATE FUNDS

$667,698

$667,698

$667,698

State General Funds

$667,698

$667,698

$667,698

TOTAL PUBLIC FUNDS

$667,698

$667,698

$667,698

WEDNESDAY, FEBRUARY 15, 2006

519

Statewide Changes

69.1 WC, GTA, and GBA

State General Funds

$1,044

$1,044

$1,044

Changes in Operations / Administration

69.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments.

State General Funds

($38,496)

($38,496)

($38,496)

Changes in How the Program is Funded

69.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee

funds for one position and the transfer of one position to Administration.

Bond Proceeds from prior year

$51,304

Research and Surveys

Appropriation (HB1026)

The purpose is to conduct surveys and collect financial/management data from local governments and authorities as

directed by statute.

TOTAL STATE FUNDS

$630,246

$630,246

$630,246

State General Funds

$630,246

$630,246

$630,246

TOTAL AGENCY FUNDS

$51,304

Intergovernmental Transfers

$51,304

Bond Proceeds from prior year

$51,304

TOTAL PUBLIC FUNDS

$630,246

$630,246

$681,550

70. State Community Development Programs

Appropriation (HB85)

The purpose is to assist Georgia cities, small towns and neighborhoods in the development of their core commercial areas

and champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$1,190,051

$1,190,051

$1,190,051

State General Funds

$1,190,051

$1,190,051

$1,190,051

TOTAL PUBLIC FUNDS

$1,190,051

$1,190,051

$1,190,051

Statewide Changes

70.1 WC, GTA, and GBA

State General Funds

$2,083

$2,083

$2,083

Changes in Operations / Administration

70.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments.

State General Funds

($542)

($542)

($542)

520

JOURNAL OF THE SENATE

Changes in How the Program is Funded

70.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee

funds to cover the cost of one position and move one position to the Administration program.

Bond Proceeds from prior year

$39,338

State Community Development Programs

Appropriation (HB1026)

The purpose is to assist Georgia cities, small towns and neighborhoods in the development of their core commercial areas

and champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$1,191,592

$1,191,592

$1,191,592

State General Funds

$1,191,592

$1,191,592

$1,191,592

TOTAL AGENCY FUNDS

$39,338

Intergovernmental Transfers

$39,338

Bond Proceeds from prior year

$39,338

TOTAL PUBLIC FUNDS

$1,191,592

$1,191,592

$1,230,930

71. State Economic Development Program

Appropriation (HB85)

The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means

including making loans and grants.

TOTAL STATE FUNDS

$4,201,762

$4,201,762

$4,201,762

State General Funds

$4,201,762

$4,201,762

$4,201,762

TOTAL FEDERAL FUNDS

$11,887

$11,887

$11,887

Community Development Block Grants/State's Program

$11,887

$11,887

$11,887

CFDA14.228

TOTAL PUBLIC FUNDS

$4,213,649

$4,213,649

$4,213,649

Changes in Operations / Administration

71.1 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments.

State General Funds

($182)

($182)

($182)

One-Time Expense

71.2 Increase funds for critical economic development projects.

State General Funds

$6,000,000

$3,000,000

$3,000,000

Changes in How the Program is Funded

71.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase OneGeorgia

Authority contract funds to cover the cost of four positions.

WEDNESDAY, FEBRUARY 15, 2006

521

Tobacco Settlement Funds

$231,169

State Economic Development Program

Appropriation (HB1026)

The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means

including making loans and grants.

TOTAL STATE FUNDS

$10,201,580

$7,201,580

$7,432,749

State General Funds

$10,201,580

$7,201,580

$7,201,580

Tobacco Settlement Funds

$231,169

TOTAL FEDERAL FUNDS

$11,887

$11,887

$11,887

Community Development Block Grants/State's Program

$11,887

$11,887

$11,887

CFDA14.228

TOTAL PUBLIC FUNDS

$10,213,467

$7,213,467

$7,444,636

72. Payments to Georgia Environmental Facilities Authority

Appropriation (HB85)

The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program.

TOTAL STATE FUNDS

$700,000

$700,000

$700,000

State General Funds

$700,000

$700,000

$700,000

TOTAL PUBLIC FUNDS

$700,000

$700,000

$700,000

One-Time Expense

72.1 Fund the state energy plan to develop a statewide, comprehensive approach to energy efficiency and conservation

planning.

State General Funds

$200,000

$200,000

$200,000

Payments to Georgia Environmental Facilities Authority

Appropriation (HB1026)

The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program.

TOTAL STATE FUNDS

$900,000

$900,000

$900,000

State General Funds

$900,000

$900,000

$900,000

TOTAL PUBLIC FUNDS

$900,000

$900,000

$900,000

73. Payments to the State Housing Trust Fund

Appropriation (HB85)

The purpose is to provide temporary shelter, permanent housing, and essential services to homeless individuals and

households, and provide affordable housing to persons with special needs.

TOTAL STATE FUNDS

$3,032,892

$3,032,892

$3,032,892

State General Funds

$3,032,892

$3,032,892

$3,032,892

TOTAL AGENCY FUNDS

$1,172,459

$1,172,459

$1,172,459

522

JOURNAL OF THE SENATE

Sales and Services

$1,172,459

$1,172,459

$1,172,459

Sales and Services Not Itemized

$1,172,459

$1,172,459

$1,172,459

TOTAL PUBLIC FUNDS

$4,205,351

$4,205,351

$4,205,351

Changes in How the Program is Funded

73.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce HUD-ESGP

Administration funds, reduce HUD-HOPWA Administration funds, reduce HUD-Shelter Plus Care funds, increase HUD-

Housing Management Information System contract funds, increase the State Housing Trust Fund Administration funds, and

increase GHFA Participation Fee funds.

Agency Funds Prior Year

$795,322

State Housing Trust Fund

$16,674

TOTAL PUBLIC FUNDS

$811,996

Payments to the State Housing Trust Fund

Appropriation (HB1026)

The purpose is to provide temporary shelter, permanent housing, and essential services to homeless individuals and

households, and provide affordable housing to persons with special needs.

TOTAL STATE FUNDS

$3,032,892

$3,032,892

$3,032,892

State General Funds

$3,032,892

$3,032,892

$3,032,892

TOTAL AGENCY FUNDS

$1,172,459

$1,172,459

$1,984,455

Reserved Fund Balances

$811,996

Agency Funds Prior Year

$795,322

State Housing Trust Fund

$16,674

Sales and Services

$1,172,459

$1,172,459

$1,172,459

Sales and Services Not Itemized

$1,172,459

$1,172,459

$1,172,459

TOTAL PUBLIC FUNDS

$4,205,351

$4,205,351

$5,017,347

74. Payments to OneGeorgia Authority

Appropriation (HB85)

The purpose is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS

$47,123,333

$47,123,333

$47,123,333

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,123,333

TOTAL PUBLIC FUNDS

$47,123,333

$47,123,333

$47,123,333

Changes in Operations / Administration

WEDNESDAY, FEBRUARY 15, 2006

523

74.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to the

Governor's Office of Planning and Budget, Federal Community and Economic Development program, Regional Services

program, and State Economic Development Program.

Tobacco Settlement Funds

($901,379)

Payments to OneGeorgia Authority

Appropriation (HB1026)

The purpose is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS

$47,123,333

$47,123,333

$46,221,954

Tobacco Settlement Funds

$47,123,333

$47,123,333

$46,221,954

TOTAL PUBLIC FUNDS

$47,123,333

$47,123,333

$46,221,954

75. Payments to Georgia Regional Transportation Authority

Appropriation (HB85)

The purpose is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS

$4,360,581

$4,360,581

$4,360,581

State General Funds

$4,360,581

$4,360,581

$4,360,581

TOTAL PUBLIC FUNDS

$4,360,581

$4,360,581

$4,360,581

Statewide Changes

75.1 WC, GTA, and GBA

State General Funds

$2,647

$2,647

$2,647

Payments to Georgia Regional Transportation Authority

Appropriation (HB1026)

The purpose is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS

$4,363,228

$4,363,228

$4,363,228

State General Funds

$4,363,228

$4,363,228

$4,363,228

TOTAL PUBLIC FUNDS

$4,363,228

$4,363,228

$4,363,228

If a local assistance grant incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose. If a local assistance grant states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity. If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

524

JOURNAL OF THE SENATE

Section 17: Community Health, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$2,259,945,634 $2,259,945,634 $2,259,945,634

State General Funds

$2,201,858,248 $2,201,858,248 $2,201,858,248

Tobacco Settlement Funds

$58,087,386

$58,087,386

$58,087,386

TOTAL FEDERAL FUNDS

$4,535,269,475 $4,535,269,475 $4,535,269,475

Medical Assistance Program CFDA93.778

$4,352,785,895 $4,352,785,895 $4,352,785,895

State Children's Insurance Program CFDA93.767

$182,483,580 $182,483,580 $182,483,580

TOTAL AGENCY FUNDS

$295,898,629 $295,898,629 $295,898,629

Contributions, Donations, and Forfeitures

$14,000,000

$14,000,000

$14,000,000

Intergovernmental Transfers

$281,798,629 $281,798,629 $281,798,629

Sales and Services

$100,000

$100,000

$100,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,300,654,587 $2,300,654,587 $2,300,654,587

TOTAL PUBLIC FUNDS

$9,391,768,325 $9,391,768,325 $9,391,768,325

Final Section Totals

TOTAL STATE FUNDS

$2,298,572,635 $2,295,295,964 $2,295,849,002

State General Funds

$2,240,485,249 $2,237,208,578 $2,237,761,616

Tobacco Settlement Funds

$58,087,386

$58,087,386

$58,087,386

TOTAL FEDERAL FUNDS

$4,611,330,204 $4,608,744,799 $4,611,132,731

Consolidated Health Centers CFDA93.224

$500,000

$500,000

Medical Assistance Program CFDA93.778

$4,428,846,624 $4,425,761,219 $4,428,149,151

State Children's Insurance Program CFDA93.767

$182,483,580 $182,483,580 $182,483,580

TOTAL AGENCY FUNDS

$324,359,709 $312,318,540 $313,318,540

Contributions, Donations, and Forfeitures

$14,000,000

Reserved Fund Balances

$157,200,365 $157,200,365 $158,200,365

Intergovernmental Transfers

$150,859,344 $152,818,175 $152,818,175

Sales and Services

$2,300,000

$2,300,000

$2,300,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,530,748,007 $2,530,748,007 $2,530,748,007

TOTAL PUBLIC FUNDS

$9,765,010,555 $9,747,107,310 $9,751,048,280

76. Departmental Administration and Program Support

Appropriation (HB85)

The purpose is to provide administrative support to all departmental programs.

WEDNESDAY, FEBRUARY 15, 2006

525

TOTAL STATE FUNDS

$62,221,212

$62,221,212

$62,221,212

State General Funds

$62,221,212

$62,221,212

$62,221,212

TOTAL FEDERAL FUNDS

$226,667,078 $226,667,078 $226,667,078

Medical Assistance Program CFDA93.778

$218,520,539 $218,520,539 $218,520,539

State Children's Insurance Program CFDA93.767

$8,146,539

$8,146,539

$8,146,539

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$19,158,820

$19,158,820

$19,158,820

Health Insurance Payments

$19,158,820

$19,158,820

$19,158,820

TOTAL PUBLIC FUNDS

$308,047,110 $308,047,110 $308,047,110

Statewide Changes

76.1 WC, GTA, and GBA

State General Funds

$7,283

$7,283

$7,283

Medical Assistance Program CFDA93.778

$8,411

$8,411

$8,411

TOTAL PUBLIC FUNDS

$15,694

$15,694

$15,694

Changes in How the Program is Funded

76.7 Reflect revenue from Children's Intervention School Services.

Medical Assistance Program CFDA93.778

($232,160)

($232,160)

Authority/local government payments to state agencies

$232,160

$232,160

TOTAL PUBLIC FUNDS

$0

$0

Changes in the Size of the Program

76.2 Add funds for the Enrollment Broker for Georgia Healthy Families (GHF) managed care program.

Medical Assistance Program CFDA93.778

$7,019,157

$7,019,157

$7,019,157

Agency Funds Prior Year

$7,019,157

$7,019,157

$7,019,157

TOTAL PUBLIC FUNDS

$14,038,314

$14,038,314

$14,038,314

76.3 Fund additional costs associated with the Medicaid Modernization contracts. (H and S: Do not cover costs associated

with Medicaid Modernization 1115 Waiver.)

State General Funds

$550,000

$0

$0

Medical Assistance Program CFDA93.778

$550,000

$0

$0

TOTAL PUBLIC FUNDS

$1,100,000

$0

$0

76.4 Add funds for the DHR contract Right from the Start Medicaid (RSM). RSM contract funds DHR staff supporting

program.

Medical Assistance Program CFDA93.778

$3,800,000

$3,800,000

$3,800,000

526

JOURNAL OF THE SENATE

Agency Funds Prior Year

$3,800,000

$3,800,000

$3,800,000

TOTAL PUBLIC FUNDS

$7,600,000

$7,600,000

$7,600,000

76.5 Add funds for Eligibility Review contract to conduct process and systems review and audit of member records.

Medical Assistance Program CFDA93.778

$1,870,000

$1,870,000

$1,870,000

Agency Funds Prior Year

$1,870,000

$1,870,000

$1,870,000

TOTAL PUBLIC FUNDS

$3,740,000

$3,740,000

$3,740,000

76.6 Redirect funds in Medicaid Benefits to fund additional costs associated with the Non-Emergency Transportation

(NET) contract.

State General Funds

$825,000

$825,000

$825,000

Departmental Administration and Program Support

Appropriation (HB1026)

The purpose is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$63,603,495

$63,053,495

$63,053,495

State General Funds

$63,603,495

$63,053,495

$63,053,495

TOTAL FEDERAL FUNDS

$239,914,646 $239,132,486 $239,132,486

Medical Assistance Program CFDA93.778

$231,768,107 $230,985,947 $230,985,947

State Children's Insurance Program CFDA93.767

$8,146,539

$8,146,539

$8,146,539

TOTAL AGENCY FUNDS

$12,689,157

$12,921,317

$12,921,317

Reserved Fund Balances

$12,689,157

$12,689,157

$12,689,157

Agency Funds Prior Year

$12,689,157

$12,689,157

$12,689,157

Intergovernmental Transfers

$232,160

$232,160

Authority/local government payments to state agencies

$232,160

$232,160

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$19,158,820

$19,158,820

$19,158,820

Health Insurance Payments

$19,158,820

$19,158,820

$19,158,820

TOTAL PUBLIC FUNDS

$335,366,118 $334,266,118 $334,266,118

77. Health Care Access and Improvement

Appropriation (HB85)

The purpose is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS

$5,786,551

$5,786,551

$5,786,551

State General Funds

$5,786,551

$5,786,551

$5,786,551

TOTAL FEDERAL FUNDS

$549,838

$549,838

$549,838

Medical Assistance Program CFDA93.778

$549,838

$549,838

$549,838

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

WEDNESDAY, FEBRUARY 15, 2006

527

Sales and Services

$100,000

$100,000

$100,000

Regulatory Fees

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$6,436,389

$6,436,389

$6,436,389

Statewide Changes

77.1 WC, GTA, and GBA

State General Funds

$1,075

$1,075

$1,075

One-Time Expense

77.2 Provide funds for a pilot project in Liberty County with the Community Health Centers.

State General Funds

$500,000

$500,000

Consolidated Health Centers CFDA93.224

$500,000

$500,000

TOTAL PUBLIC FUNDS

$1,000,000

$1,000,000

Changes in How the Program is Funded

77.3 Support the operation of Hughes Spalding Children's Hospital. (S:Transfer from Indigent Care Trust Fund)

State General Funds

$2,000,000

Health Care Access and Improvement

Appropriation (HB1026)

The purpose is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS

$5,787,626

$6,287,626

$8,287,626

State General Funds

$5,787,626

$6,287,626

$8,287,626

TOTAL FEDERAL FUNDS

$549,838

$1,049,838

$1,049,838

Consolidated Health Centers CFDA93.224

$500,000

$500,000

Medical Assistance Program CFDA93.778

$549,838

$549,838

$549,838

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Sales and Services

$100,000

$100,000

$100,000

Regulatory Fees

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$6,437,464

$7,437,464

$9,437,464

78. Indigent Care Trust Fund

Appropriation (HB85)

The purpose is to expand Medicaid eligibility and services; support rural and other healthcare providers, primarily

hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

TOTAL FEDERAL FUNDS

$219,438,624 $219,438,624 $219,438,624

Medical Assistance Program CFDA93.778

$219,438,624 $219,438,624 $219,438,624

TOTAL AGENCY FUNDS

$148,828,880 $148,828,880 $148,828,880

528

JOURNAL OF THE SENATE

Contributions, Donations, and Forfeitures

$14,000,000

$14,000,000

$14,000,000

Private Hospitals

$14,000,000

$14,000,000

$14,000,000

Intergovernmental Transfers

$134,828,880 $134,828,880 $134,828,880

Hospital Authorities

$134,828,880 $134,828,880 $134,828,880

TOTAL PUBLIC FUNDS

$368,267,504 $368,267,504 $368,267,504

Changes in Operations / Administration

78.1 Reflect additional revenue from intergovernmental transfers received from hospitals for Disproportionate Share

Hospital (DSH) program.

Medical Assistance Program CFDA93.778

$71,283,308

$71,283,308

$71,283,308

Hospital Authorities

$41,830,464

$41,830,464

$41,830,464

TOTAL PUBLIC FUNDS

$113,113,772 $113,113,772 $113,113,772

Changes in How the Program is Funded

78.2 Add funds to reflect new CMO provider fee based on 6% of their revenue beginning April 2006.

State General Funds

$21,534,195

$21,534,195

$21,534,195

Medical Assistance Program CFDA93.778

$33,065,691

$33,065,691

$33,065,691

TOTAL PUBLIC FUNDS

$54,599,886

$54,599,886

$54,599,886

78.3 Eliminate funding from Disproportionate Share Hospital (DSH) payments used to support Right from the Start

Medicaid (RSM) Benefit Expansion based on revised federal policy. RSM will be funded in the Low Income Medicaid

Program with State Funds.

Medical Assistance Program CFDA93.778

($37,580,932) ($37,580,932) ($37,580,932)

Hospital Authorities

($25,800,000) ($25,800,000) ($25,800,000)

TOTAL PUBLIC FUNDS

($63,380,932) ($63,380,932) ($63,380,932)

78.4 Reflect projected revenue from ambulance fees.

Medical Assistance Program CFDA93.778

$3,378,093

$3,378,093

$3,378,093

Regulatory Fees

$2,200,000

$2,200,000

$2,200,000

TOTAL PUBLIC FUNDS

$5,578,093

$5,578,093

$5,578,093

78.5 Fund the state share of the Disproportionate Share Hospital Program for private hospitals with uncompensated

care.(H and S: Fund the State share of the Disproportionate Share Hospital Program for qualifying private hospitals for

uncompensated services to medically indigent Georgians.)

State General Funds

$14,000,000

$14,000,000

$14,000,000

Private Hospitals

($14,000,000) ($14,000,000)

WEDNESDAY, FEBRUARY 15, 2006

529

TOTAL PUBLIC FUNDS

$0

$0

Changes in the Size of the Program

78.6 Support the operation of Hughes Spalding Children's Hospital. (S:Transfer to Health Care Access and Improvement)

State General Funds

$2,000,000

$2,000,000

$0

Indigent Care Trust Fund

Appropriation (HB1026)

The purpose is to expand Medicaid eligibility and services; support rural and other healthcare providers, primarily

hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

TOTAL STATE FUNDS

$37,534,195

$37,534,195

$35,534,195

State General Funds

$37,534,195

$37,534,195

$35,534,195

TOTAL FEDERAL FUNDS

$289,584,784 $289,584,784 $289,584,784

Medical Assistance Program CFDA93.778

$289,584,784 $289,584,784 $289,584,784

TOTAL AGENCY FUNDS

$167,059,344 $153,059,344 $153,059,344

Contributions, Donations, and Forfeitures

$14,000,000

Private Hospitals

$14,000,000

Intergovernmental Transfers

$150,859,344 $150,859,344 $150,859,344

Hospital Authorities

$150,859,344 $150,859,344 $150,859,344

Sales and Services

$2,200,000

$2,200,000

$2,200,000

Regulatory Fees

$2,200,000

$2,200,000

$2,200,000

TOTAL PUBLIC FUNDS

$494,178,323 $480,178,323 $478,178,323

79. Medicaid: Aged, Blind, and Disabled

Appropriation (HB85)

The purpose is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS

$897,259,297 $897,259,297 $897,259,297

State General Funds

$895,116,272 $895,116,272 $895,116,272

Tobacco Settlement Funds

$2,143,025

$2,143,025

$2,143,025

TOTAL FEDERAL FUNDS

$2,327,230,795 $2,327,230,795 $2,327,230,795

Medical Assistance Program CFDA93.778

$2,327,230,795 $2,327,230,795 $2,327,230,795

TOTAL AGENCY FUNDS

$91,726,671

$91,726,671

$91,726,671

Intergovernmental Transfers

$91,726,671

$91,726,671

$91,726,671

Hospital Authorities

$91,726,671

$91,726,671

$91,726,671

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$270,155,171 $270,155,171 $270,155,171

Optional Medicaid Services Payments

$270,155,171 $270,155,171 $270,155,171

530

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$3,586,371,934 $3,586,371,934 $3,586,371,934

Changes in How the Program is Funded

79.1 Add funds to replace the loss of Upper Payment Limit (UPL) funds. Per agreement with CMS about the states

continuation of the UPL Program, the practice of overmatching ended July 1, 2005.

State General Funds

$91,726,671

$90,000,000

$90,000,000

Hospital Authorities

($91,726,671) ($90,000,000) ($90,000,000)

TOTAL PUBLIC FUNDS

$0

$0

$0

79.2 Add funds in Medicaid Benefits for costs associated with the federal Medicare Part D Clawback provision. Medicare

Part D started in January 2006.

State General Funds

$6,627,262

$6,627,262

$6,627,262

Medical Assistance Program CFDA93.778

$10,176,140

$10,176,140

$10,176,140

TOTAL PUBLIC FUNDS

$16,803,402

$16,803,402

$16,803,402

79.3 Use $13,000,000 in current funds to offset savings not materialized in Disease Management .

State General Funds

$0

$0

$0

Medical Assistance Program CFDA93.778

$0

$0

$0

TOTAL PUBLIC FUNDS

$0

$0

$0

79.4 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of

Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts

Receivable Balances.

State General Funds

($88,268,433) ($88,268,433) ($89,268,433)

Agency Funds Prior Year

$88,268,433

$88,268,433

$89,268,433

TOTAL PUBLIC FUNDS

$0

$0

$0

79.5 Use $3,100,000 in current funds to offset savings not materialized in the ER Pilot Expansion.

State General Funds

$0

$0

$0

79.6 Use $800,000 in current funds to offset savings not materialized in transferring Nursing Home Residents to SOURCE.

State General Funds

$0

$0

$0

79.7 Add $10,000,000 in funds materialized in Hospital Costs Settlements.

State General Funds

$0

$0

$0

Changes in the Size of the Program

79.8 Reduce Medicaid Benefit funds based on savings from lower cost in pharmacy and outpatient services.

State General Funds

($10,085,500) ($11,585,500) ($10,085,500)

WEDNESDAY, FEBRUARY 15, 2006

531

Medical Assistance Program CFDA93.778

($15,486,255) ($17,789,500) ($15,486,255)

TOTAL PUBLIC FUNDS

($25,571,755) ($29,375,000) ($25,571,755)

79.9 Redirect funds in Medicaid Benefits into Program Administration and Support to fund increases associated with the

Non-Emergency Transportation (NET) contracts.

State General Funds

($446,050)

($193,050)

($446,050)

Medical Assistance Program CFDA93.778

($684,908)

($296,428)

($684,908)

TOTAL PUBLIC FUNDS

($1,130,958)

($489,478)

($1,130,958)

79.10 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with

the Medicaid Modernization contract. (H:Reduce Medicaid Benefits)(S:NO)

State General Funds

($253,000)

$0

Medical Assistance Program CFDA93.778

($388,480)

$0

TOTAL PUBLIC FUNDS

($641,480)

$0

79.11 Add 10 new slots to the Independent Care Waiver Program for Physical Disabilities and Traumatic Brain Injuries

(ICWP) starting April 1, 2006.

State General Funds

$53,038

Medical Assistance Program CFDA93.778

$84,687

TOTAL PUBLIC FUNDS

$137,725

Medicaid: Aged, Blind, and Disabled

Appropriation (HB1026)

The purpose is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS

$896,813,247 $893,586,576 $894,139,614

State General Funds

$894,670,222 $891,443,551 $891,996,589

Tobacco Settlement Funds

$2,143,025

$2,143,025

$2,143,025

TOTAL FEDERAL FUNDS

$2,321,235,772 $2,318,932,527 $2,321,320,459

Medical Assistance Program CFDA93.778

$2,321,235,772 $2,318,932,527 $2,321,320,459

TOTAL AGENCY FUNDS

$88,268,433

$89,995,104

$90,995,104

Reserved Fund Balances

$88,268,433

$88,268,433

$89,268,433

Agency Funds Prior Year

$88,268,433

$88,268,433

$89,268,433

Intergovernmental Transfers

$1,726,671

$1,726,671

Hospital Authorities

$1,726,671

$1,726,671

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$270,155,171 $270,155,171 $270,155,171

Optional Medicaid Services Payments

$270,155,171 $270,155,171 $270,155,171

532

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$3,576,472,623 $3,572,669,378 $3,576,610,348

80. Medicaid: Low-Income Medicaid

Appropriation (HB85)

The purpose is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$1,085,234,722 $1,085,234,722 $1,085,234,722

State General Funds

$1,034,261,066 $1,034,261,066 $1,034,261,066

Tobacco Settlement Funds

$50,973,656

$50,973,656

$50,973,656

TOTAL FEDERAL FUNDS

$1,439,078,743 $1,439,078,743 $1,439,078,743

Medical Assistance Program CFDA93.778

$1,439,078,743 $1,439,078,743 $1,439,078,743

TOTAL AGENCY FUNDS

$55,243,078

$55,243,078

$55,243,078

Intergovernmental Transfers

$55,243,078

$55,243,078

$55,243,078

Hospital Authorities

$55,243,078

$55,243,078

$55,243,078

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$51,458,128

$51,458,128

$51,458,128

Optional Medicaid Services Payments

$51,458,128

$51,458,128

$51,458,128

TOTAL PUBLIC FUNDS

$2,631,014,671 $2,631,014,671 $2,631,014,671

Changes in Operations / Administration

80.1 Add funds to move from cash to accrual based accounting to accommodate capitation payments made to CMO's in

lieu of traditional fee-for-service payments beginning January 1, 2006.

State General Funds

$18,869,655

$18,869,655

$18,869,655

Medical Assistance Program CFDA93.778

$28,974,295

$28,974,295

$28,974,295

TOTAL PUBLIC FUNDS

$47,843,950

$47,843,950

$47,843,950

Changes in How the Program is Funded

80.2 Replace funds eliminated in the Indigent Care Trust Fund for Right from the Start Medicaid (RSM) due to Federal

policy changes in the Disproportionate Share Hospital (DSH) Program.

State General Funds

$22,000,000

$22,000,000

$22,000,000

Medical Assistance Program CFDA93.778

$33,780,933

$33,780,933

$33,780,933

TOTAL PUBLIC FUNDS

$55,780,933

$55,780,933

$55,780,933

80.3 Add funds to replace the loss of Upper Payment Limit (UPL) Funds for pregnant women and children. Per agreement

with CMS about the states continuation of the UPL Program, the practice of overmatching ended July 1, 2005.

State General Funds

$55,243,078

$55,243,078

$55,243,078

Hospital Authorities

($55,243,078) ($55,243,078) ($55,243,078)

TOTAL PUBLIC FUNDS

$0

$0

$0

WEDNESDAY, FEBRUARY 15, 2006

533

80.4 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of

Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts

Receivable Balances.

State General Funds

($56,242,775) ($56,242,775) ($56,242,775)

Agency Funds Prior Year

$56,242,775

$56,242,775

$56,242,775

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

80.5 Reduce Medicaid Benefit funds based on lower costs in pharmacy and outpatient services.

State General Funds

($6,723,668)

($6,723,668)

($6,723,668)

Medical Assistance Program CFDA93.778

($10,324,172) ($10,324,172) ($10,324,172)

TOTAL PUBLIC FUNDS

($17,047,840) ($17,047,840) ($17,047,840)

80.6 Reduce Medicaid Benefit funds based on projected savings of 8% over the traditional fee-for-service payments from

implementation of the Managed Care Model starting April 1, 2006, in the Atlanta and Central Regions.

State General Funds

($11,612,095) ($11,612,095) ($11,612,095)

Medical Assistance Program CFDA93.778

($17,830,337) ($17,830,337) ($17,830,337)

TOTAL PUBLIC FUNDS

($29,442,432) ($29,442,432) ($29,442,432)

80.7 Reduce funds for Medicaid Benefits starting April 1, 2006 for participating CMOs to remit provider fees based on 6%

of their revenue.

State General Funds

($21,534,195) ($21,534,195) ($21,534,195)

Medical Assistance Program CFDA93.778

($33,065,691) ($33,065,691) ($33,065,691)

TOTAL PUBLIC FUNDS

($54,599,886) ($54,599,886) ($54,599,886)

80.8 Transfer from DHR Community Services Adult program to implement Georgia Healthy Families which serves

Medicaid clients who receive mental health services.

State General Funds

$2,025,041

$2,025,041

$2,025,041

Optional Medicaid Services Payments

($2,025,041)

($2,025,041)

($2,025,041)

TOTAL PUBLIC FUNDS

$0

$0

$0

80.9 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with

the Non-Emergency Transportation (NET) contract.

State General Funds

($928,950)

($631,950)

($928,950)

Medical Assistance Program CFDA93.778

($1,426,400)

($970,357)

($1,426,400)

TOTAL PUBLIC FUNDS

($2,355,350)

($1,602,307)

($2,355,350)

534

JOURNAL OF THE SENATE

80.10 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with

the Medicaid Modernization contract.(H:Reduce Medicaid Benefits)(S:NO).

State General Funds

($297,000)

$0

Medical Assistance Program CFDA93.778

($456,043)

$0

TOTAL PUBLIC FUNDS

($753,043)

$0

Medicaid: Low-Income Medicaid

Appropriation (HB1026)

The purpose is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$1,086,330,813 $1,086,330,813 $1,086,330,813

State General Funds

$1,035,357,157 $1,035,357,157 $1,035,357,157

Tobacco Settlement Funds

$50,973,656

$50,973,656

$50,973,656

TOTAL FEDERAL FUNDS

$1,439,187,371 $1,439,187,371 $1,439,187,371

Medical Assistance Program CFDA93.778

$1,439,187,371 $1,439,187,371 $1,439,187,371

TOTAL AGENCY FUNDS

$56,242,775

$56,242,775

$56,242,775

Reserved Fund Balances

$56,242,775

$56,242,775

$56,242,775

Agency Funds Prior Year

$56,242,775

$56,242,775

$56,242,775

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$49,433,087

$49,433,087

$49,433,087

Optional Medicaid Services Payments

$49,433,087

$49,433,087

$49,433,087

TOTAL PUBLIC FUNDS

$2,631,194,046 $2,631,194,046 $2,631,194,046

81. Nursing Home Provider Fees

Appropriation (HB85)

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees

paid to the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31. The sum of money is

appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS

$100,229,284 $100,229,284 $100,229,284

State General Funds

$100,229,284 $100,229,284 $100,229,284

TOTAL FEDERAL FUNDS

$147,967,356 $147,967,356 $147,967,356

Medical Assistance Program CFDA93.778

$147,967,356 $147,967,356 $147,967,356

TOTAL PUBLIC FUNDS

$248,196,640 $248,196,640 $248,196,640

Changes in the Size of the Program

81.1 Adjust to reflect actual nursing home provider fee revenue in FY 2006.

State General Funds

($942,108)

($942,108)

($942,108)

Medical Assistance Program CFDA93.778

($1,446,604)

($1,446,604)

($1,446,604)

WEDNESDAY, FEBRUARY 15, 2006

535

TOTAL PUBLIC FUNDS

($2,388,712)

($2,388,712)

($2,388,712)

Nursing Home Provider Fees

Appropriation (HB1026)

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees

paid to the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31. The sum of money is

appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS

$99,287,176

$99,287,176

$99,287,176

State General Funds

$99,287,176

$99,287,176

$99,287,176

TOTAL FEDERAL FUNDS

$146,520,752 $146,520,752 $146,520,752

Medical Assistance Program CFDA93.778

$146,520,752 $146,520,752 $146,520,752

TOTAL PUBLIC FUNDS

$245,807,928 $245,807,928 $245,807,928

82. PeachCare

Appropriation (HB85)

The purpose is to offer comprehensive health care to uninsured children living in Georgia.

TOTAL STATE FUNDS

$67,159,673

$67,159,673

$67,159,673

State General Funds

$62,188,968

$62,188,968

$62,188,968

Tobacco Settlement Funds

$4,970,705

$4,970,705

$4,970,705

TOTAL FEDERAL FUNDS

$174,337,041 $174,337,041 $174,337,041

State Children's Insurance Program CFDA93.767

$174,337,041 $174,337,041 $174,337,041

TOTAL PUBLIC FUNDS

$241,496,714 $241,496,714 $241,496,714

Changes in the Size of the Program

82.1 Restore the dental codes cut in FY 2006 budget in the PeachCare dental budget using funds already included in the

CMO rates as members move into risk-based managed care.(H and S:YES)

State General Funds

$0

$0

$0

PeachCare

Appropriation (HB1026)

The purpose is to offer comprehensive health care to uninsured children living in Georgia.

TOTAL STATE FUNDS

$67,159,673

$67,159,673

$67,159,673

State General Funds

$62,188,968

$62,188,968

$62,188,968

Tobacco Settlement Funds

$4,970,705

$4,970,705

$4,970,705

TOTAL FEDERAL FUNDS

$174,337,041 $174,337,041 $174,337,041

State Children's Insurance Program CFDA93.767

$174,337,041 $174,337,041 $174,337,041

TOTAL PUBLIC FUNDS

$241,496,714 $241,496,714 $241,496,714

536

JOURNAL OF THE SENATE

83. State Health Benefit Plan

Appropriation (HB85)

The purpose is to provide to state employees a healthcare benefit that is competitive with other commercial benefit plans in

quality of care, access to providers and efficient management of provider fees. It is the intent of this General Assembly that

the employer contribution rate for the teachers' and state employees' health benefit plan for SFY 2006 shall not exceed

14.30%.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,959,882,468 $1,959,882,468 $1,959,882,468

Health Insurance Payments

$1,959,882,468 $1,959,882,468 $1,959,882,468

TOTAL PUBLIC FUNDS

$1,959,882,468 $1,959,882,468 $1,959,882,468

Changes in Operations / Administration

83.1 Increase funds to reflect appropriated employer contributions and employee premiums for the State Health Benefit

Plan.

Health Insurance Payments

$232,118,461 $232,118,461 $232,118,461

State Health Benefit Plan

Appropriation (HB1026)

The purpose is to provide to state employees a healthcare benefit that is competitive with other commercial benefit plans in

quality of care, access to providers and efficient management of provider fees. It is the intent of this General Assembly that

the employer contribution rate for the teachers' and state employees' health benefit plan for SFY 2006 shall not exceed

14.30%.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,192,000,929 $2,192,000,929 $2,192,000,929

Health Insurance Payments

$2,192,000,929 $2,192,000,929 $2,192,000,929

TOTAL PUBLIC FUNDS

$2,192,000,929 $2,192,000,929 $2,192,000,929

84. Composite Board of Medical Examiners

Appropriation (HB85)

The purpose of this program is to ensure quality health care by licensing qualified applicants as physicians, physician's

assistants, physician residents in training, per fusionists, respiratory care professionals, acupuncturists and auricular (ear)

detoxification specialists.

TOTAL STATE FUNDS

$2,135,705

$2,135,705

$2,135,705

State General Funds

$2,135,705

$2,135,705

$2,135,705

TOTAL PUBLIC FUNDS

$2,135,705

$2,135,705

$2,135,705

Statewide Changes

84.1 WC, GTA, and GBA

State General Funds

$1,137

$1,137

$1,137

WEDNESDAY, FEBRUARY 15, 2006

537

Composite Board of Medical Examiners

Appropriation (HB1026)

The purpose of this program is to ensure quality health care by licensing qualified applicants as physicians, physician's

assistants, physician residents in training, per fusionists, respiratory care professionals, acupuncturists and auricular (ear)

detoxification specialists.

TOTAL STATE FUNDS

$2,136,842

$2,136,842

$2,136,842

State General Funds

$2,136,842

$2,136,842

$2,136,842

TOTAL PUBLIC FUNDS

$2,136,842

$2,136,842

$2,136,842

85. Physician Workforce, Georgia Board of: Board

Appropriation (HB85)

Administration

The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce.

TOTAL STATE FUNDS

$533,241

$533,241

$533,241

State General Funds

$533,241

$533,241

$533,241

TOTAL PUBLIC FUNDS

$533,241

$533,241

$533,241

Statewide Changes

85.1 WC, GTA, and GBA

State General Funds

$256

$256

$256

Physician Workforce, Georgia Board of: Board

Appropriation (HB1026)

The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce.

TOTAL STATE FUNDS

$533,497

$533,497

$533,497

State General Funds

$533,497

$533,497

$533,497

TOTAL PUBLIC FUNDS

$533,497

$533,497

$533,497

86. Physician Workforce, Georgia Board of: Graduate

Appropriation (HB85)

Medical Education

The purpose is to ensure an adequate supply of primary care and other needed physician specialists through cost effective

public/private partnerships with Georgia's private medical schools.

TOTAL STATE FUNDS

$6,501,965

$6,501,965

$6,501,965

State General Funds

$6,501,965

$6,501,965

$6,501,965

TOTAL PUBLIC FUNDS

$6,501,965

$6,501,965

$6,501,965

Physician Workforce, Georgia Board of: Graduate Medical

Appropriation (HB1026)

Education

538

JOURNAL OF THE SENATE

The purpose is to ensure an adequate supply of primary care and other needed physician specialists through cost effective

public/private partnerships with Georgia's private medical schools.

TOTAL STATE FUNDS

$6,501,965

$6,501,965

$6,501,965

State General Funds

$6,501,965

$6,501,965

$6,501,965

TOTAL PUBLIC FUNDS

$6,501,965

$6,501,965

$6,501,965

87. Physician Workforce, Georgia Board of: Mercer School of

Appropriation (HB85)

Medicine Grant

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$17,960,862

$17,960,862

$17,960,862

State General Funds

$17,960,862

$17,960,862

$17,960,862

TOTAL PUBLIC FUNDS

$17,960,862

$17,960,862

$17,960,862

Physician Workforce, Georgia Board of: Mercer School of

Appropriation (HB1026)

Medicine Grant

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$17,960,862

$17,960,862

$17,960,862

State General Funds

$17,960,862

$17,960,862

$17,960,862

TOTAL PUBLIC FUNDS

$17,960,862

$17,960,862

$17,960,862

88. Physician Workforce, Georgia Board of: Morehouse

Appropriation (HB85)

School of Medicine Grant

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$10,141,628

$10,141,628

$10,141,628

State General Funds

$10,141,628

$10,141,628

$10,141,628

TOTAL PUBLIC FUNDS

$10,141,628

$10,141,628

$10,141,628

Physician Workforce, Georgia Board of: Morehouse School of

Appropriation (HB1026)

Medicine Grant

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$10,141,628

$10,141,628

$10,141,628

WEDNESDAY, FEBRUARY 15, 2006

539

State General Funds

$10,141,628

$10,141,628

$10,141,628

TOTAL PUBLIC FUNDS

$10,141,628

$10,141,628

$10,141,628

89. Physician Workforce, Georgia Board of: Undergraduate

Appropriation (HB85)

Medical Education

The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the

support and development of medical education programs.

TOTAL STATE FUNDS

$3,428,706

$3,428,706

$3,428,706

State General Funds

$3,428,706

$3,428,706

$3,428,706

TOTAL PUBLIC FUNDS

$3,428,706

$3,428,706

$3,428,706

Physician Workforce, Georgia Board of: Undergraduate

Appropriation (HB1026)

Medical Education

The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the

support and development of medical education programs.

TOTAL STATE FUNDS

$3,428,706

$3,428,706

$3,428,706

State General Funds

$3,428,706

$3,428,706

$3,428,706

TOTAL PUBLIC FUNDS

$3,428,706

$3,428,706

$3,428,706

90. Medical Education Board, State

Appropriation (HB85)

The purpose is to provide an adequate supply of physicians in rural areas of the state; and to provide a program of aid to

promising medical students.

TOTAL STATE FUNDS

$1,352,788

$1,352,788

$1,352,788

State General Funds

$1,352,788

$1,352,788

$1,352,788

TOTAL PUBLIC FUNDS

$1,352,788

$1,352,788

$1,352,788

Statewide Changes

90.1 WC, GTA, and GBA

State General Funds

$122

$122

$122

Medical Education Board, State

Appropriation (HB1026)

The purpose is to provide an adequate supply of physicians in rural areas of the state; and to provide a program of aid to

promising medical students.

TOTAL STATE FUNDS

$1,352,910

$1,352,910

$1,352,910

State General Funds

$1,352,910

$1,352,910

$1,352,910

TOTAL PUBLIC FUNDS

$1,352,910

$1,352,910

$1,352,910

540

JOURNAL OF THE SENATE

This paragraph applies to and only to the appropriations for the "MEDICAID: LOW-INCOME MEDICAID" and

MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department of Community Health. The appropriation of

a particular fund source for each program is the amount stated plus up to an additional amount of 2 percent (2%) of the

amount stated. However, if the additional authority is used, the appropriation of the same fund source for the other

program to that agency is reduced in the same amount, such that the stated total in program appropriations from that fund

source for the two programs is not exceeded. However, the additional amount must be from a fund source which is lawfully

available for the program to which it is added.

Section 18: Corrections, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$927,228,065 $927,228,065 $927,228,065

State General Funds

$927,228,065 $927,228,065 $927,228,065

TOTAL FEDERAL FUNDS

$10,316,943

$10,316,943

$10,316,943

National School Lunch Program CFDA10.555

$1,625,794

$1,625,794

$1,625,794

Residential Substance Abuse Treatment-State Prisoners

$700,000

$700,000

$700,000

CFDA16.593

State Criminal Alien Assistance Program CFDA16.606

$7,991,149

$7,991,149

$7,991,149

TOTAL AGENCY FUNDS

$21,256,350

$21,256,350

$21,256,350

Royalties and Rents

$3,837,834

$3,837,834

$3,837,834

Sales and Services

$17,418,516

$17,418,516

$17,418,516

TOTAL PUBLIC FUNDS

$958,801,358 $958,801,358 $958,801,358

Final Section Totals

TOTAL STATE FUNDS

$967,182,400 $967,631,189 $967,631,189

State General Funds

$967,182,400 $967,631,189 $967,631,189

TOTAL FEDERAL FUNDS

$10,299,982

$10,302,730

$15,353,265

Bulletproof Vest Partnership Program CFDA16.607

$1,431

Byrne Formula Grant Program CFDA16.579

$122,500

Community Prosecution & Project Safe Neighborhoods

$281,027

CFDA16.609

Employment & Training Admin. Pilots, Demonstrations, &

$78,376

Research CFDA17.261

WEDNESDAY, FEBRUARY 15, 2006

541

Federal Highway Administration Planning & Construction

$2,411

CFDA20.205

Grants to States for Incarcerated Youth Offenders CFDA84.331

$727,857

Group of Eight Summit Reimbursements CFDA19.OFA

$69,280

HIV Care Formula Grants CFDA93.917

$53,654

Literacy Programs for Prisoners CFDA84.255

$198,085

National School Lunch Program CFDA10.555

$1,594,451

$1,597,199

$1,597,199

Promoting Safe and Stable Families CFDA 93.556

$31,542

Residential Substance Abuse Treatment-State Prisoners

$700,000

$700,000

$700,000

CFDA16.593

Special Education Grants to States CFDA 84.027

$74,305

State Criminal Alien Assistance Program CFDA16.606

$8,005,531

$8,005,531

$8,005,531

Violence Against Women Formula Grants CFDA16.588

$56,558

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$3,353,509

TOTAL AGENCY FUNDS

$20,725,148

$20,747,651

$38,436,866

Reserved Fund Balances

$234,681

Rebates, Refunds, and Reimbursements

$1,968,576

Royalties and Rents

$3,533,632

$3,533,632

$6,592,371

Sales and Services

$17,191,516

$17,214,019

$29,641,238

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,308,201

TOTAL PUBLIC FUNDS

$998,207,530 $998,681,570 $1,022,729,521

91. Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB85)

The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided

by regular community supervision.

TOTAL STATE FUNDS

$3,226,673

$3,226,673

$3,226,673

State General Funds

$3,226,673

$3,226,673

$3,226,673

TOTAL FEDERAL FUNDS

$20,743

$20,743

$20,743

National School Lunch Program CFDA10.555

$20,743

$20,743

$20,743

TOTAL AGENCY FUNDS

$7,046

$7,046

$7,046

Sales and Services

$7,046

$7,046

$7,046

Inmate Store Revenues

$7,046

$7,046

$7,046

542

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$3,254,462

$3,254,462

$3,254,462

Statewide Changes

91.1 WC, GTA, and GBA

State General Funds

$4,434

$4,434

$4,434

Changes in the Size of the Program

91.2 Transfer RSAT Contract Funds to cover PSATC Contract Costs increases. This increase is based on the state

employee payraise (2%).

State General Funds

$13,330

$13,330

$13,330

91.3 Reduce funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers

of positions between programs.

State General Funds

($51,930)

($51,930)

($51,930)

91.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for violent offender bedspace and the Spectrum Contract.

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$400,480

Telephone Commissions

$6,807

TOTAL PUBLIC FUNDS

$407,287

Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB1026)

The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided

by regular community supervision.

TOTAL STATE FUNDS

$3,192,507

$3,192,507

$3,192,507

State General Funds

$3,192,507

$3,192,507

$3,192,507

TOTAL FEDERAL FUNDS

$20,743

$20,743

$421,223

National School Lunch Program CFDA10.555

$20,743

$20,743

$20,743

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$400,480

TOTAL AGENCY FUNDS

$7,046

$7,046

$13,853

Sales and Services

$7,046

$7,046

$13,853

Inmate Store Revenues

$7,046

$7,046

$7,046

Telephone Commissions

$6,807

TOTAL PUBLIC FUNDS

$3,220,296

$3,220,296

$3,627,583

92. Compensation Per General Assembly Resolutions

Appropriation (HB85)

The purpose is to fund HR108 of the 2005 session.

WEDNESDAY, FEBRUARY 15, 2006

543

TOTAL STATE FUNDS

$512,377

$512,377

$512,377

State General Funds

$512,377

$512,377

$512,377

TOTAL PUBLIC FUNDS

$512,377

$512,377

$512,377

One-Time Expense

92.1 Provide full funding of an annuity for a wrongfully convicted inmate as required by HR108.

State General Funds

$200,000

$200,000

$200,000

Compensation Per General Assembly Resolutions

Appropriation (HB1026)

The purpose is to fund HR108 of the 2005 session.

TOTAL STATE FUNDS

$712,377

$712,377

$712,377

State General Funds

$712,377

$712,377

$712,377

TOTAL PUBLIC FUNDS

$712,377

$712,377

$712,377

93. County Jail Subsidy

Appropriation (HB85)

The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

TOTAL STATE FUNDS

$9,653,491

$9,653,491

$9,653,491

State General Funds

$9,653,491

$9,653,491

$9,653,491

TOTAL FEDERAL FUNDS

$2,501,508

$2,501,508

$2,501,508

State Criminal Alien Assistance Program CFDA16.606

$2,501,508

$2,501,508

$2,501,508

TOTAL PUBLIC FUNDS

$12,154,999

$12,154,999

$12,154,999

Changes in the Size of the Program

93.1 Provide additional funds for County Subsidy for Jails.

State General Funds

$3,175,805

$3,175,805

$3,175,805

County Jail Subsidy

Appropriation (HB1026)

The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

TOTAL STATE FUNDS

$12,829,296

$12,829,296

$12,829,296

State General Funds

$12,829,296

$12,829,296

$12,829,296

TOTAL FEDERAL FUNDS

$2,501,508

$2,501,508

$2,501,508

State Criminal Alien Assistance Program CFDA16.606

$2,501,508

$2,501,508

$2,501,508

TOTAL PUBLIC FUNDS

$15,330,804

$15,330,804

$15,330,804

94. Departmental Administration

Appropriation (HB85)

The purpose is to protect and serve the citizens of Georgia by providing an effective and efficient department that

administers a balanced correctional system.

544

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$53,012,017

$53,012,017

$53,012,017

State General Funds

$53,012,017

$53,012,017

$53,012,017

TOTAL FEDERAL FUNDS

$1,836,000

$1,836,000

$1,836,000

State Criminal Alien Assistance Program CFDA16.606

$1,836,000

$1,836,000

$1,836,000

TOTAL PUBLIC FUNDS

$54,848,017

$54,848,017

$54,848,017

Statewide Changes

94.1 WC, GTA, and GBA

State General Funds

$74,732

$74,732

$74,732

Changes in Operations / Administration

94.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds for claims and

judgments and to cover deficits.

State General Funds

($93,740)

One-Time Expense

94.9 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds from insurance

claims and telephone commission funds for operating expenses.

Rebates, Refunds, and Reimbursements Not Itemized

$115,229

Agency to Agency Contracts

$65,456

TOTAL PUBLIC FUNDS

$180,685

94.10 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for reimbursement from the G-8

Summit.

Group of Eight Summit Reimbursements CFDA19.OFA

$10,000

Changes in the Size of the Program

94.2 Transfer RSAT Contract Funds to cover the RSAT Vocational Education component in the State Prison Program and

the RSAT contract increase in the Bainbridge PSATC Program.

State General Funds

($214,569)

($214,569)

($214,569)

94.3 Transfer funds from closing a Probation Detention Center to cover the assessment fees for fuel storage tanks.

State General Funds

$220,000

$0

$0

94.4 Transfer funds from closing a Probation Detention Center to cover fees to store records at the State Record Center.

State General Funds

$60,963

$0

$0

94.5 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along

with subsequent transfers of positions between programs.

WEDNESDAY, FEBRUARY 15, 2006

545

State General Funds

$2,513,950

$2,513,950

$2,513,950

94.6 Transfer one position to the Georgia Peace Officer Standards and Training Council have case investigations

performed by an outside party so a GDC officer is not investigated by a GDC Investigator.

State General Funds

($10,767)

($10,767)

($10,767)

94.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and agency funds for the State Criminal Alien Assistance program, life skills training for inmates, and violent offender

bedspace.

Federal Highway Administration Planning & Construction

$2,411

CFDA20.205

Grants to States for Incarcerated Youth Offenders CFDA84.331

$278,505

Literacy Programs for Prisoners CFDA84.255

$198,085

Special Education Grants to States CFDA 84.027

$1,000

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$70,000

Royalties and Rents Not Itemized

$2,233,259

Sales and Services Not Itemized

$160,014

Telephone Commissions

$1,060,027

TOTAL PUBLIC FUNDS

$4,003,301

Departmental Administration

Appropriation (HB1026)

The purpose is to protect and serve the citizens of Georgia by providing an effective and efficient department that

administers a balanced correctional system.

TOTAL STATE FUNDS

$55,656,326

$55,375,363

$55,281,623

State General Funds

$55,656,326

$55,375,363

$55,281,623

TOTAL FEDERAL FUNDS

$1,836,000

$1,836,000

$2,396,001

Federal Highway Administration Planning & Construction CFDA20.205

$2,411

Grants to States for Incarcerated Youth Offenders CFDA84.331

$278,505

Group of Eight Summit Reimbursements CFDA19.OFA

$10,000

Literacy Programs for Prisoners CFDA84.255

$198,085

Special Education Grants to States CFDA 84.027

$1,000

State Criminal Alien Assistance Program CFDA16.606

$1,836,000

$1,836,000

$1,836,000

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$70,000

TOTAL AGENCY FUNDS

$3,568,529

546

JOURNAL OF THE SENATE

Rebates, Refunds, and Reimbursements

$115,229

Rebates, Refunds, and Reimbursements Not Itemized

$115,229

Royalties and Rents

$2,233,259

Royalties and Rents Not Itemized

$2,233,259

Sales and Services

$1,220,041

Sales and Services Not Itemized

$160,014

Telephone Commissions

$1,060,027

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$65,456

Agency to Agency Contracts

$65,456

TOTAL PUBLIC FUNDS

$57,492,326

$57,211,363

$61,311,609

95. Detention Centers

Appropriation (HB85)

The purpose is to provide a sanctioning option for probationers who require more security or supervision than provided by

regular community supervision or a diversion center.

TOTAL STATE FUNDS

$43,455,859

$43,455,859

$43,455,859

State General Funds

$43,455,859

$43,455,859

$43,455,859

TOTAL FEDERAL FUNDS

$2,574,466

$2,574,466

$2,574,466

National School Lunch Program CFDA10.555

$497,987

$497,987

$497,987

State Criminal Alien Assistance Program CFDA16.606

$2,076,479

$2,076,479

$2,076,479

TOTAL AGENCY FUNDS

$1,136,399

$1,136,399

$1,136,399

Sales and Services

$1,136,399

$1,136,399

$1,136,399

Inmate Details - DOT

$743,236

$743,236

$743,236

Inmate Store Revenues

$393,163

$393,163

$393,163

TOTAL PUBLIC FUNDS

$47,166,724

$47,166,724

$47,166,724

Statewide Changes

95.1 WC, GTA, and GBA

State General Funds

$64,266

$64,266

$64,266

Changes in Operations / Administration

95.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to cover

deficits.

State General Funds

($89,240)

WEDNESDAY, FEBRUARY 15, 2006

547

Changes in the Size of the Program

95.2 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along

with subsequent transfers of positions between programs.

State General Funds

$535,252

$535,252

$535,252

95.3 Transfer funds from closing a Probation Detention Center to Inmate Release Funds, Fuel Storage Tank Maintenance,

State Record Center storage and Medical Payments to County Correctional Institutions.

State General Funds

($1,463,780)

$0

$0

National School Lunch Program CFDA10.555

($2,748)

$0

$0

Inmate Details - DOT

($22,503)

$0

$0

TOTAL PUBLIC FUNDS

($1,489,031)

$0

$0

95.4 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith

State Prison.

State General Funds

($1,295,585)

($1,295,585)

($1,295,585)

National School Lunch Program CFDA10.555

($9,910)

($9,910)

($9,910)

Inmate Details - DOT

($185,878)

($185,878)

($185,878)

Inmate Store Revenues

($17,011)

($17,011)

($17,011)

TOTAL PUBLIC FUNDS

($1,508,384)

($1,508,384)

($1,508,384)

95.5 Redistribute funds from converting a Probation Detention Center to a State Prison Unit.

State General Funds

($1,340,431)

($1,340,431)

($1,340,431)

National School Lunch Program CFDA10.555

($18,685)

($18,685)

($18,685)

Inmate Store Revenues

($15,747)

($15,747)

($15,747)

TOTAL PUBLIC FUNDS

($1,374,863)

($1,374,863)

($1,374,863)

95.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for violent offender bedspace and contracts for offender work detail.

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$2,025,459

Royalties and Rents Not Itemized

$600,000

Inmate Details - DOT

$4,325,085

Inmate Store Revenues

$100,000

TOTAL PUBLIC FUNDS

$7,050,544

548

JOURNAL OF THE SENATE

Detention Centers

Appropriation (HB1026)

The purpose is to provide a sanctioning option for probationers who require more security or supervision than provided by

regular community supervision or a diversion center.

TOTAL STATE FUNDS

$39,955,581

$41,419,361

$41,330,121

State General Funds

$39,955,581

$41,419,361

$41,330,121

TOTAL FEDERAL FUNDS

$2,543,123

$2,545,871

$4,571,330

National School Lunch Program CFDA10.555

$466,644

$469,392

$469,392

State Criminal Alien Assistance Program CFDA16.606

$2,076,479

$2,076,479

$2,076,479

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$2,025,459

TOTAL AGENCY FUNDS

$895,260

$917,763

$5,942,848

Royalties and Rents

$600,000

Royalties and Rents Not Itemized

$600,000

Sales and Services

$895,260

$917,763

$5,342,848

Inmate Details - DOT

$534,855

$557,358

$4,882,443

Inmate Store Revenues

$360,405

$360,405

$460,405

TOTAL PUBLIC FUNDS

$43,393,964

$44,882,995

$51,844,299

96. Food and Farm Operations

Appropriation (HB85)

The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$12,407,740

$12,407,740

$12,407,740

State General Funds

$12,407,740

$12,407,740

$12,407,740

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

National School Lunch Program CFDA10.555

$22,000

$22,000

$22,000

TOTAL AGENCY FUNDS

$194,725

$194,725

$194,725

Sales and Services

$194,725

$194,725

$194,725

Sales and Services Not Itemized

$194,725

$194,725

$194,725

TOTAL PUBLIC FUNDS

$12,624,465

$12,624,465

$12,624,465

Statewide Changes

96.1 WC, GTA, and GBA

State General Funds

$17,201

$17,201

$17,201

One-Time Expense

WEDNESDAY, FEBRUARY 15, 2006

549

96.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds from insurance

claims for operating expenses.

Rebates, Refunds, and Reimbursements Not Itemized

$11,000

Changes in How the Program is Funded

96.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds from Valdosta

State Prison to Food Distribution.

State General Funds

$6,120

National School Lunch Program CFDA10.555

($6,120)

TOTAL PUBLIC FUNDS

$0

Changes in the Size of the Program

96.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($41,677)

($41,677)

($41,677)

96.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds in operating

expenses from the sale of beef for the purchase of beef trimmings and products.

Sales and Services Not Itemized

$136,473

Food and Farm Operations

Appropriation (HB1026)

The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$12,383,264

$12,383,264

$12,389,384

State General Funds

$12,383,264

$12,383,264

$12,389,384

TOTAL FEDERAL FUNDS

$22,000

$22,000

$15,880

National School Lunch Program CFDA10.555

$22,000

$22,000

$15,880

TOTAL AGENCY FUNDS

$194,725

$194,725

$342,198

Rebates, Refunds, and Reimbursements

$11,000

Rebates, Refunds, and Reimbursements Not Itemized

$11,000

Sales and Services

$194,725

$194,725

$331,198

Sales and Services Not Itemized

$194,725

$194,725

$331,198

TOTAL PUBLIC FUNDS

$12,599,989

$12,599,989

$12,747,462

97. Health

Appropriation (HB85)

The purpose is to provide the required constitutional level of health care to the inmates of the correctional system in the

most cost effective and humane manner possible.

550

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$151,543,143 $151,543,143 $151,543,143

State General Funds

$151,543,143 $151,543,143 $151,543,143

TOTAL AGENCY FUNDS

$8,464,209

$8,464,209

$8,464,209

Sales and Services

$8,464,209

$8,464,209

$8,464,209

Sick Call Fees

$200,000

$200,000

$200,000

Telephone Commissions

$8,264,209

$8,264,209

$8,264,209

TOTAL PUBLIC FUNDS

$160,007,352 $160,007,352 $160,007,352

Statewide Changes

97.1 WC, GTA, and GBA

State General Funds

$218,015

$218,015

$218,015

One-Time Expense

97.2 Transfer funds from closing a Probation Detention Center to reimburse County Correctional Institutions for medical

payments resulting from a catastrophic burn case.

State General Funds

$600,000

$0

$0

Changes in the Size of the Program

97.3 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($402,267)

($402,267)

($402,267)

97.4 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$782,532

$782,532

$782,532

97.5 Provide additional funds for Health Services Purchases.

State General Funds

$11,181,124

$11,181,124

$11,181,124

97.6 Provide start-up and operating funds for 1348 temporary beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$2,199,740

$2,199,740

$2,199,740

97.7 Provide start-up and operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State

Prison units to reduce county jail backlogs and meet increased capacity needs. (H and S:The facilities should be opened in

the following order: Lamar, Wilkes, Appling, and Turner)

State General Funds

$603,306

$603,306

$603,306

WEDNESDAY, FEBRUARY 15, 2006

551

97.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for operating expenses, pre-release services for HIV positive inmates, and mental health

diversion pilot program in Hall County.

Byrne Formula Grant Program CFDA16.579

$122,500

HIV Care Formula Grants CFDA93.917

$53,654

Sales and Services Not Itemized

$13,039

Sick Call Fees

$160,000

Telephone Commissions

$2,735,791

TOTAL PUBLIC FUNDS

$3,084,984

Health

Appropriation (HB1026)

The purpose is to provide the required constitutional level of health care to the inmates of the correctional system in the

most cost effective and humane manner possible.

TOTAL STATE FUNDS

$166,725,593 $166,125,593 $166,125,593

State General Funds

$166,725,593 $166,125,593 $166,125,593

TOTAL FEDERAL FUNDS

$176,154

Byrne Formula Grant Program CFDA16.579

$122,500

HIV Care Formula Grants CFDA93.917

$53,654

TOTAL AGENCY FUNDS

$8,464,209

$8,464,209

$11,373,039

Sales and Services

$8,464,209

$8,464,209

$11,373,039

Sales and Services Not Itemized

$13,039

Sick Call Fees

$200,000

$200,000

$360,000

Telephone Commissions

$8,264,209

$8,264,209

$11,000,000

TOTAL PUBLIC FUNDS

$175,189,802 $174,589,802 $177,674,786

98. Offender Management

Appropriation (HB85)

The purpose is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS

$44,118,606

$44,118,606

$44,118,606

State General Funds

$44,118,606

$44,118,606

$44,118,606

TOTAL PUBLIC FUNDS

$44,118,606

$44,118,606

$44,118,606

Statewide Changes

98.1 WC, GTA, and GBA

State General Funds

$60,113

$60,113

$60,113

552

JOURNAL OF THE SENATE

One-Time Expense

98.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for G-8 Summit reimbursements.

Group of Eight Summit Reimbursements CFDA19.OFA

$59,280

Changes in the Size of the Program

98.2 Transfer funds from closing a Probation Detention Center to Inmate Release Funds.

State General Funds

$134,028

$0

$0

98.3 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($104,698)

($104,698)

($104,698)

Offender Management

Appropriation (HB1026)

The purpose is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS

$44,208,049

$44,074,021

$44,074,021

State General Funds

$44,208,049

$44,074,021

$44,074,021

TOTAL FEDERAL FUNDS

$59,280

Group of Eight Summit Reimbursements CFDA19.OFA

$59,280

TOTAL PUBLIC FUNDS

$44,208,049

$44,074,021

$44,133,301

99. Parole Revocation Centers

Appropriation (HB85)

The purpose is to provide a sanction for parole violations.

TOTAL STATE FUNDS

$3,835,308

$3,835,308

$3,835,308

State General Funds

$3,835,308

$3,835,308

$3,835,308

TOTAL FEDERAL FUNDS

$10,510

$10,510

$10,510

National School Lunch Program CFDA10.555

$10,510

$10,510

$10,510

TOTAL AGENCY FUNDS

$49,138

$49,138

$49,138

Sales and Services

$49,138

$49,138

$49,138

Inmate Store Revenues

$49,138

$49,138

$49,138

TOTAL PUBLIC FUNDS

$3,894,956

$3,894,956

$3,894,956

Statewide Changes

99.1 WC, GTA, and GBA

State General Funds

$5,307

$5,307

$5,307

WEDNESDAY, FEBRUARY 15, 2006

553

Changes in Operations / Administration

99.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds for operating

expenses.

State General Funds

$13,056

Changes in the Size of the Program

99.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($2,847)

($2,847)

($2,847)

99.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for

city, county and other agency payments for contracts for offender work details.

Inmate Details - City and County

$525,000

Parole Revocation Centers

Appropriation (HB1026)

The purpose is to provide a sanction for parole violations.

TOTAL STATE FUNDS

$3,837,768

$3,837,768

$3,850,824

State General Funds

$3,837,768

$3,837,768

$3,850,824

TOTAL FEDERAL FUNDS

$10,510

$10,510

$10,510

National School Lunch Program CFDA10.555

$10,510

$10,510

$10,510

TOTAL AGENCY FUNDS

$49,138

$49,138

$574,138

Sales and Services

$49,138

$49,138

$574,138

Inmate Details - City and County

$525,000

Inmate Store Revenues

$49,138

$49,138

$49,138

TOTAL PUBLIC FUNDS

$3,897,416

$3,897,416

$4,435,472

100. Private Prisons

Appropriation (HB85)

The purpose is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS

$72,518,200

$72,518,200

$72,518,200

State General Funds

$72,518,200

$72,518,200

$72,518,200

TOTAL PUBLIC FUNDS

$72,518,200

$72,518,200

$72,518,200

Changes in the Size of the Program

100.1 Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and 470 additional inmates.

State General Funds

$3,401,212

$3,401,212

$3,401,212

554

JOURNAL OF THE SENATE

Private Prisons

Appropriation (HB1026)

The purpose is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS

$75,919,412

$75,919,412

$75,919,412

State General Funds

$75,919,412

$75,919,412

$75,919,412

TOTAL PUBLIC FUNDS

$75,919,412

$75,919,412

$75,919,412

101. Probation Diversion Centers

Appropriation (HB85)

The purpose is to provide a residential sentencing option that allows offenders to continue to work in the community while

receiving close supervision from corrections officials.

TOTAL STATE FUNDS

$12,784,156

$12,784,156

$12,784,156

State General Funds

$12,784,156

$12,784,156

$12,784,156

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

State Criminal Alien Assistance Program CFDA16.606

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$3,188,692

$3,188,692

$3,188,692

Royalties and Rents

$3,180,834

$3,180,834

$3,180,834

Diversion Center Maintenance - Room and Board

$3,180,834

$3,180,834

$3,180,834

Sales and Services

$7,858

$7,858

$7,858

Inmate Store Revenues

$7,858

$7,858

$7,858

TOTAL PUBLIC FUNDS

$16,172,848

$16,172,848

$16,172,848

Statewide Changes

101.1 WC, GTA, and GBA

State General Funds

$22,036

$22,036

$22,036

Changes in Operations / Administration

101.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to cover

deficits.

State General Funds

($40,216)

Changes in the Size of the Program

101.2 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along

with subsequent transfers of positions between programs.

State General Funds

$249,324

$249,324

$249,324

101.3 Redistribute funds from converting two Probation Diversion Centers to Transition Centers.

State General Funds

($1,144,195)

($1,144,195)

($1,144,195)

WEDNESDAY, FEBRUARY 15, 2006

555

Diversion Center Maintenance - Room and Board

($304,202)

($304,202)

($304,202)

TOTAL PUBLIC FUNDS

($1,448,397)

($1,448,397)

($1,448,397)

101.4 To transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center. (H:YES)

(S:YES)

State General Funds

$0

$0

101.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for violent offender bedspace and operating expenses.

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$195,712

Agency Funds Prior Year

$234,681

Collection/Administrative Fees

$1,500

Inmate Store Revenues

$300,001

TOTAL PUBLIC FUNDS

$731,894

Probation Diversion Centers

Appropriation (HB1026)

The purpose is to provide a residential sentencing option that allows offenders to continue to work in the community while

receiving close supervision from corrections officials.

TOTAL STATE FUNDS

$11,911,321

$11,911,321

$11,871,105

State General Funds

$11,911,321

$11,911,321

$11,871,105

TOTAL FEDERAL FUNDS

$200,000

$200,000

$395,712

State Criminal Alien Assistance Program CFDA16.606

$200,000

$200,000

$200,000

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$195,712

TOTAL AGENCY FUNDS

$2,884,490

$2,884,490

$3,420,672

Reserved Fund Balances

$234,681

Agency Funds Prior Year

$234,681

Royalties and Rents

$2,876,632

$2,876,632

$2,876,632

Diversion Center Maintenance - Room and Board

$2,876,632

$2,876,632

$2,876,632

Sales and Services

$7,858

$7,858

$309,359

Collection/Administrative Fees

$1,500

Inmate Store Revenues

$7,858

$7,858

$307,859

TOTAL PUBLIC FUNDS

$14,995,811

$14,995,811

$15,687,489

102. Probation Supervision

Appropriation (HB85)

The purpose is to supervise probationers.

556

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$68,632,697

$68,632,697

$68,632,697

State General Funds

$68,632,697

$68,632,697

$68,632,697

TOTAL PUBLIC FUNDS

$68,632,697

$68,632,697

$68,632,697

Statewide Changes

102.1 WC, GTA, and GBA

State General Funds

$93,514

$93,514

$93,514

Changes in Operations / Administration

102.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to fund a deficit for a digital

duplicator at the Atlanta TC.

State General Funds

($28,114)

Changes in the Size of the Program

102.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($122,728)

($122,728)

($122,728)

102.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for the substance abuse program.

Bulletproof Vest Partnership Program CFDA16.607

$1,431

Community Prosecution & Project Safe Neighborhoods CFDA16.609

$281,027

Violence Against Women Formula Grants CFDA16.588

$56,558

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$661,858

Royalties and Rents Not Itemized

$110,000

Collection/Administrative Fees

$5,200

Telephone Commissions

$547,291

TOTAL PUBLIC FUNDS

$1,663,365

Probation Supervision

Appropriation (HB1026)

The purpose is to supervise probationers.

TOTAL STATE FUNDS

$68,603,483

$68,603,483

$68,575,369

State General Funds

$68,603,483

$68,603,483

$68,575,369

TOTAL FEDERAL FUNDS

$1,000,874

Bulletproof Vest Partnership Program CFDA16.607

$1,431

WEDNESDAY, FEBRUARY 15, 2006

557

Community Prosecution & Project Safe Neighborhoods

$281,027

CFDA16.609

Violence Against Women Formula Grants CFDA16.588

$56,558

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$661,858

TOTAL AGENCY FUNDS

$662,491

Royalties and Rents

$110,000

Royalties and Rents Not Itemized

$110,000

Sales and Services

$552,491

Collection/Administrative Fees

$5,200

Telephone Commissions

$547,291

TOTAL PUBLIC FUNDS

$68,603,483

$68,603,483

$70,238,734

103. State Prisons

Appropriation (HB85)

The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of

punishment.

TOTAL STATE FUNDS

$431,214,343 $431,214,343 $431,214,343

State General Funds

$431,214,343 $431,214,343 $431,214,343

TOTAL FEDERAL FUNDS

$3,151,716

$3,151,716

$3,151,716

National School Lunch Program CFDA10.555

$1,074,554

$1,074,554

$1,074,554

Residential Substance Abuse Treatment-State Prisoners

$700,000

$700,000

$700,000

CFDA16.593

State Criminal Alien Assistance Program CFDA16.606

$1,377,162

$1,377,162

$1,377,162

TOTAL AGENCY FUNDS

$8,216,141

$8,216,141

$8,216,141

Royalties and Rents

$657,000

$657,000

$657,000

Royalties and Rents Not Itemized

$657,000

$657,000

$657,000

Sales and Services

$7,559,141

$7,559,141

$7,559,141

Collection/Administrative Fees

$525,000

$525,000

$525,000

Inmate Details - City and County

$3,695,594

$3,695,594

$3,695,594

Inmate Details - DOT

$393,752

$393,752

$393,752

Inmate Details - Georgia Correctional Industries Administration

$702,000

$702,000

$702,000

Inmate Store Revenues

$2,242,795

$2,242,795

$2,242,795

TOTAL PUBLIC FUNDS

$442,582,200 $442,582,200 $442,582,200

558

JOURNAL OF THE SENATE

Statewide Changes

103.1 WC, GTA, and GBA

State General Funds

$603,032

$603,032

$603,032

State Criminal Alien Assistance Program CFDA16.606

$14,382

$14,382

$14,382

Inmate Details - Georgia Correctional Industries Administration

$14,139

$14,139

$14,139

TOTAL PUBLIC FUNDS

$631,553

$631,553

$631,553

Changes in Operations / Administration

103.2 Provide additional funds for increased utilities cost.

State General Funds

$8,186,895

$8,186,895

$8,186,895

103.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for the transfer of funds for the

Hays State Prison for the Community Environmental program and related expenses.

State General Funds

$220,170

One-Time Expense

103.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for

city, county, and other agency payments for contracts for offender work details.

Rebates, Refunds, and Reimbursements Not Itemized

$1,842,347

Agency to Agency Contracts

$1,242,745

TOTAL PUBLIC FUNDS

$3,085,092

Changes in the Size of the Program

103.3 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith

State Prison to make available additional prison beds to aid in reducing inmate backlog.

State General Funds

$1,112,481

$1,112,481

$1,112,481

103.4 Transfer funds for the Vocational Training and Residential Substance Abuse Treatment (RSAT) Program from the

Administration Program.

State General Funds

$201,239

$201,239

$201,239

103.5 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($2,620,028)

($2,620,028)

($2,620,028)

103.6 Redistribute funds from converting a Probation Detention Center to increase inmate bedspace and reduce the jail

backlog.

State General Funds

$1,364,383

$1,364,383

$1,364,383

WEDNESDAY, FEBRUARY 15, 2006

559

103.7 Provide start-up and operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State

Prison units to reduce county jail backlogs and meet increased capacity needs. (H and S:The facilities should be opened in

the following order: Lamar, Wilkes, Appling, and Turner)

State General Funds

$5,879,970

$5,879,970

$5,879,970

103.8 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$1,667,152

$1,667,152

$1,667,152

103.9 Provide start-up and operating funds for 1,348 temporary beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$1,437,327

$1,437,327

$1,437,327

103.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognize agency funds for vocational education for incarcerated youths, vocational training at the Autry State Prison,

and other operating

Employment & Training Admin. Pilots, Demonstrations, & Research

$78,376

CFDA17.261

Grants to States for Incarcerated Youth Offenders CFDA84.331

$449,352

National School Lunch Program CFDA10.555

$6,120

Promoting Safe and Stable Families CFDA 93.556

$31,542

Special Education Grants to States CFDA 84.027

$73,305

Inmate Details - City and County

$973,730

Inmate Details - DOT

$243,748

Inmate Details - Georgia Correctional Industries Administration

$535,500

Sales and Services Not Itemized

$224,107

Telephone Commissions

$255,426

TOTAL PUBLIC FUNDS

$2,871,206

State Prisons

Appropriation (HB1026)

The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of

punishment.

TOTAL STATE FUNDS

$449,046,794 $449,046,794 $449,266,964

State General Funds

$449,046,794 $449,046,794 $449,266,964

TOTAL FEDERAL FUNDS

$3,166,098

$3,166,098

$3,804,793

560

JOURNAL OF THE SENATE

Employment & Training Admin. Pilots, Demonstrations, &

$78,376

Research CFDA17.261

Grants to States for Incarcerated Youth Offenders CFDA84.331

$449,352

National School Lunch Program CFDA10.555

$1,074,554

$1,074,554

$1,080,674

Promoting Safe and Stable Families CFDA 93.556

$31,542

Residential Substance Abuse Treatment-State Prisoners

$700,000

$700,000

$700,000

CFDA16.593

Special Education Grants to States CFDA 84.027

$73,305

State Criminal Alien Assistance Program CFDA16.606

$1,391,544

$1,391,544

$1,391,544

TOTAL AGENCY FUNDS

$8,230,280

$8,230,280

$12,305,138

Rebates, Refunds, and Reimbursements

$1,842,347

Rebates, Refunds, and Reimbursements Not Itemized

$1,842,347

Royalties and Rents

$657,000

$657,000

$657,000

Royalties and Rents Not Itemized

$657,000

$657,000

$657,000

Sales and Services

$7,573,280

$7,573,280

$9,805,791

Collection/Administrative Fees

$525,000

$525,000

$525,000

Inmate Details - City and County

$3,695,594

$3,695,594

$4,669,324

Inmate Details - DOT

$393,752

$393,752

$637,500

Inmate Details - Georgia Correctional Industries Administration

$716,139

$716,139

$1,251,639

Inmate Store Revenues

$2,242,795

$2,242,795

$2,242,795

Sales and Services Not Itemized

$224,107

Telephone Commissions

$255,426

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,242,745

Agency to Agency Contracts

$1,242,745

TOTAL PUBLIC FUNDS

$460,443,172 $460,443,172 $466,619,640

104. Transitional Centers

Appropriation (HB85)

The purpose is to provide "work release", allowing the inmate to obtain and maintain a paying job in the community while

requiring him or her to conform to the structure of the center.

TOTAL STATE FUNDS

$20,313,455

$20,313,455

$20,313,455

State General Funds

$20,313,455

$20,313,455

$20,313,455

TOTAL PUBLIC FUNDS

$20,313,455

$20,313,455

$20,313,455

WEDNESDAY, FEBRUARY 15, 2006

561

Statewide Changes

104.1 WC, GTA, and GBA

State General Funds

$27,678

$27,678

$27,678

Changes in Operations / Administration

104.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to fund a deficit for a digital

duplicator at the Atlanta TC.

State General Funds

$11,964

Changes in the Size of the Program

104.3 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along

with subsequent transfers of positions between programs.

State General Funds

$47,649

$47,649

$47,649

104.4 Redistribute funds from converting two Probation Diversion Centers to Transition Centers.

State General Funds

$1,752,136

$1,752,136

$1,752,136

104.5 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$59,711

$59,711

$59,711

104.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for

city, county, and other agency payments for contracts for inmate work detail.

Royalties and Rents Not Itemized

$115,480

Collection/Administrative Fees

$5,980

Inmate Details - City and County

$112,500

TOTAL PUBLIC FUNDS

$233,960

Transitional Centers

Appropriation (HB1026)

The purpose is to provide "work release", allowing the inmate to obtain and maintain a paying job in the community while

requiring him or her to conform to the structure of the center.

TOTAL STATE FUNDS

$22,200,629

$22,200,629

$22,212,593

State General Funds

$22,200,629

$22,200,629

$22,212,593

TOTAL AGENCY FUNDS

$233,960

Royalties and Rents

$115,480

Royalties and Rents Not Itemized

$115,480

Sales and Services

$118,480

562

JOURNAL OF THE SENATE

Collection/Administrative Fees Inmate Details - City and County TOTAL PUBLIC FUNDS Section 19: Defense, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Byrne Formula Grant Program CFDA16.579 Military Construction, National Guard CFDA12.400 National Guard Civilian Youth Opportunities CFDA12.404 National Guard Military O & M Projects CFDA12.401
TOTAL AGENCY FUNDS Interest and Investment Income Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Byrne Formula Grant Program CFDA16.579 Military Construction, National Guard CFDA12.400 National Guard Civilian Youth Opportunities CFDA12.404 National Guard Military O & M Projects CFDA12.401 Public Assistance Grants CFDA 97.036
TOTAL AGENCY FUNDS Interest and Investment Income Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS

$22,200,629

$22,200,629

Section Total (HB85)

$8,359,405

$8,359,405

$8,359,405

$8,359,405

$36,026,553

$36,026,553

$200,000

$200,000

$5,346,232

$5,346,232

$5,329,151

$5,329,151

$25,151,170

$25,151,170

$844,374

$844,374

$138,791

$138,791

$59,889

$59,889

$645,694

$645,694

$45,230,332

$45,230,332

Final Section Totals

$8,490,206

$8,490,206

$8,490,206

$8,490,206

$36,326,553

$36,326,553

$200,000

$200,000

$5,346,232

$5,346,232

$5,329,151

$5,329,151

$25,451,170

$25,451,170

$844,374 $138,791
$59,889 $645,694 $45,661,133

$844,374 $138,791 $59,889 $645,694 $45,661,133

$5,980 $112,500 $22,446,553
$8,359,405 $8,359,405 $36,026,553
$200,000 $5,346,232 $5,329,151 $25,151,170
$844,374 $138,791 $59,889 $645,694 $45,230,332
$8,490,206 $8,490,206 $39,109,370
$200,000 $5,346,232 $5,352,965 $28,201,173
$9,000 $844,374 $138,791 $59,889 $645,694 $48,443,950

WEDNESDAY, FEBRUARY 15, 2006

563

105. Civil Support

Appropriation (HB85)

The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force

mobilization.

TOTAL STATE FUNDS

$3,353,908

$3,353,908

$3,353,908

State General Funds

$3,353,908

$3,353,908

$3,353,908

TOTAL FEDERAL FUNDS

$5,670,709

$5,670,709

$5,670,709

Byrne Formula Grant Program CFDA16.579

$200,000

$200,000

$200,000

National Guard Civilian Youth Opportunities CFDA12.404

$5,329,151

$5,329,151

$5,329,151

National Guard Military O & M Projects CFDA12.401

$141,558

$141,558

$141,558

TOTAL PUBLIC FUNDS

$9,024,617

$9,024,617

$9,024,617

Statewide Changes

105.1 WC, GTA, and GBA

State General Funds

$14,256

$14,256

$14,256

Changes in the Size of the Program

105.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for the Star Base Youth Program and Youth Challenge Activities.

National Guard Civilian Youth Opportunities CFDA12.404

$23,814

Civil Support

Appropriation (HB1026)

The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force

mobilization.

TOTAL STATE FUNDS

$3,368,164

$3,368,164

$3,368,164

State General Funds

$3,368,164

$3,368,164

$3,368,164

TOTAL FEDERAL FUNDS

$5,670,709

$5,670,709

$5,694,523

Byrne Formula Grant Program CFDA16.579

$200,000

$200,000

$200,000

National Guard Civilian Youth Opportunities CFDA12.404

$5,329,151

$5,329,151

$5,352,965

National Guard Military O & M Projects CFDA12.401

$141,558

$141,558

$141,558

TOTAL PUBLIC FUNDS

$9,038,873

$9,038,873

$9,062,687

106. Departmental Administration

Appropriation (HB85)

The purpose is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$2,275,222

$2,275,222

$2,275,222

State General Funds

$2,275,222

$2,275,222

$2,275,222

564

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$102,133

$102,133

$102,133

National Guard Military O & M Projects CFDA12.401

$102,133

$102,133

$102,133

TOTAL AGENCY FUNDS

$138,791

$138,791

$138,791

Interest and Investment Income

$138,791

$138,791

$138,791

Interest and Investment Income Not Itemized

$138,791

$138,791

$138,791

TOTAL PUBLIC FUNDS

$2,516,146

$2,516,146

$2,516,146

Statewide Changes

106.1 WC, GTA, and GBA

State General Funds

$10,595

$10,595

$10,595

Changes in the Size of the Program

106.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for operation and maintenance and Hurricane Wilma.

National Guard Military O & M Projects CFDA12.401

$175,907

Public Assistance Grants CFDA 97.036

$9,000

TOTAL PUBLIC FUNDS

$184,907

Departmental Administration

Appropriation (HB1026)

The purpose is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$2,285,817

$2,285,817

$2,285,817

State General Funds

$2,285,817

$2,285,817

$2,285,817

TOTAL FEDERAL FUNDS

$102,133

$102,133

$287,040

National Guard Military O & M Projects CFDA12.401

$102,133

$102,133

$278,040

Public Assistance Grants CFDA 97.036

$9,000

TOTAL AGENCY FUNDS

$138,791

$138,791

$138,791

Interest and Investment Income

$138,791

$138,791

$138,791

Interest and Investment Income Not Itemized

$138,791

$138,791

$138,791

TOTAL PUBLIC FUNDS

$2,526,741

$2,526,741

$2,711,648

107. Facilities Management

Appropriation (HB85)

The purpose is to provide and maintain administrative, flight and training facilities for the Georgia Air National Guard that

enhance readiness and are aesthetically pleasing within the community.

TOTAL STATE FUNDS

$2,254,499

$2,254,499

$2,254,499

State General Funds

$2,254,499

$2,254,499

$2,254,499

WEDNESDAY, FEBRUARY 15, 2006

565

TOTAL FEDERAL FUNDS

$29,888,711

$29,888,711

$29,888,711

Military Construction, National Guard CFDA12.400

$5,346,232

$5,346,232

$5,346,232

National Guard Military O & M Projects CFDA12.401

$24,542,479

$24,542,479

$24,542,479

TOTAL AGENCY FUNDS

$705,583

$705,583

$705,583

Royalties and Rents

$59,889

$59,889

$59,889

Armory Rent

$59,889

$59,889

$59,889

Sales and Services

$645,694

$645,694

$645,694

Billeting Fund

$645,694

$645,694

$645,694

TOTAL PUBLIC FUNDS

$32,848,793

$32,848,793

$32,848,793

Statewide Changes

107.1 WC, GTA, and GBA

State General Funds

$3,382

$3,382

$3,382

Changes in the Size of the Program

107.2 Increase funds to expand and maintain facilities for the JSTARS unit at Robins Air Force Base.

State General Funds

$100,000

$100,000

$100,000

National Guard Military O & M Projects CFDA12.401

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$400,000

$400,000

$400,000

107.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for operation and maintenance projects.

National Guard Military O & M Projects CFDA12.401

$2,305,534

Facilities Management

Appropriation (HB1026)

The purpose is to provide and maintain administrative, flight and training facilities for the Georgia Air National Guard that

enhance readiness and are aesthetically pleasing within the community.

TOTAL STATE FUNDS

$2,357,881

$2,357,881

$2,357,881

State General Funds

$2,357,881

$2,357,881

$2,357,881

TOTAL FEDERAL FUNDS

$30,188,711

$30,188,711

$32,494,245

Military Construction, National Guard CFDA12.400

$5,346,232

$5,346,232

$5,346,232

National Guard Military O & M Projects CFDA12.401

$24,842,479

$24,842,479

$27,148,013

TOTAL AGENCY FUNDS

$705,583

$705,583

$705,583

Royalties and Rents

$59,889

$59,889

$59,889

Armory Rent

$59,889

$59,889

$59,889

566

JOURNAL OF THE SENATE

Sales and Services

$645,694

$645,694

$645,694

Billeting Fund

$645,694

$645,694

$645,694

TOTAL PUBLIC FUNDS

$33,252,175

$33,252,175

$35,557,709

108. Military Readiness

Appropriation (HB85)

The purpose is to provide a trained and ready military air force that can be activated and deployed at the direction of the

President or the Governor to insure the safety and well being of all citizens.

TOTAL STATE FUNDS

$475,776

$475,776

$475,776

State General Funds

$475,776

$475,776

$475,776

TOTAL FEDERAL FUNDS

$365,000

$365,000

$365,000

National Guard Military O & M Projects CFDA12.401

$365,000

$365,000

$365,000

TOTAL PUBLIC FUNDS

$840,776

$840,776

$840,776

Statewide Changes

108.1 WC, GTA, and GBA

State General Funds

$2,568

$2,568

$2,568

Changes in the Size of the Program

108.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for operation and maintenance projects.

National Guard Military O & M Projects CFDA12.401

$268,562

Military Readiness

Appropriation (HB1026)

The purpose is to provide a trained and ready military air force that can be activated and deployed at the direction of the

President or the Governor to insure the safety and well being of all citizens.

TOTAL STATE FUNDS

$478,344

$478,344

$478,344

State General Funds

$478,344

$478,344

$478,344

TOTAL FEDERAL FUNDS

$365,000

$365,000

$633,562

National Guard Military O & M Projects CFDA12.401

$365,000

$365,000

$633,562

TOTAL PUBLIC FUNDS

$843,344

$843,344

$1,111,906

Section 20: Driver Services, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$47,163,866

$47,163,866

$47,163,866

State General Funds

$47,163,866

$47,163,866

$47,163,866

TOTAL AGENCY FUNDS

$715,075

$715,075

$715,075

WEDNESDAY, FEBRUARY 15, 2006

567

Sales and Services

$715,075

$715,075

$715,075

TOTAL PUBLIC FUNDS

$47,878,941

$47,878,941

$47,878,941

Final Section Totals

TOTAL STATE FUNDS

$47,312,092

$47,312,092

$47,312,092

State General Funds

$47,312,092

$47,312,092

$47,312,092

TOTAL AGENCY FUNDS

$715,075

$715,075

$715,075

Sales and Services

$715,075

$715,075

$715,075

TOTAL PUBLIC FUNDS

$48,027,167

$48,027,167

$48,027,167

109. Customer Service Support

Appropriation (HB85)

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$4,948,415

$4,948,415

$4,948,415

State General Funds

$4,948,415

$4,948,415

$4,948,415

TOTAL PUBLIC FUNDS

$4,948,415

$4,948,415

$4,948,415

Statewide Changes

109.1 WC, GTA, and GBA

State General Funds

$6,477

$6,477

$6,477

Changes in the Size of the Program

109.2 Transfer funds from License Issuance to reflect program structure changes as a result of the transition from DMVS to

the new DDS.

State General Funds

$3,585,459

$3,585,459

$3,585,459

Customer Service Support

Appropriation (HB1026)

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$8,540,351

$8,540,351

$8,540,351

State General Funds

$8,540,351

$8,540,351

$8,540,351

TOTAL PUBLIC FUNDS

$8,540,351

$8,540,351

$8,540,351

110. License Issuance

Appropriation (HB85)

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS

$41,924,451

$41,924,451

$41,924,451

State General Funds

$41,924,451

$41,924,451

$41,924,451

TOTAL AGENCY FUNDS

$200,000

$200,000

$200,000

Sales and Services

$200,000

$200,000

$200,000

568

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$42,124,451

$42,124,451

$42,124,451

Statewide Changes

110.1 WC, GTA, and GBA

State General Funds

$39,683

$39,683

$39,683

Changes in the Size of the Program

110.2 Transfer funds to Customer Services Support to reflect program structure changes as a result of the transition from

DMVS to the new DDS.

State General Funds

($3,585,459)

($3,585,459)

($3,585,459)

110.3 Transfer funds to Regulatory Compliance to reflect program structure changes as a result of the transition from

DMVS to the new DDS.

State General Funds

($1,111,975)

($1,111,975)

($1,111,975)

License Issuance

Appropriation (HB1026)

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS

$37,266,700

$37,266,700

$37,266,700

State General Funds

$37,266,700

$37,266,700

$37,266,700

TOTAL AGENCY FUNDS

$200,000

$200,000

$200,000

Sales and Services

$200,000

$200,000

$200,000

Sales and Services Not Itemized

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$37,466,700

$37,466,700

$37,466,700

Changes in the Size of the Program

111.1 Add funds for Motorcycle Safety Education.

State General Funds

$100,000

Motorcycle Safety

Appropriation (HB1026)

The purpose is to maintain and improve motorcycle safety.

TOTAL STATE FUNDS

$100,000

State General Funds

$100,000

TOTAL PUBLIC FUNDS

$100,000

112. Regulatory Compliance

Appropriation (HB85)

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

WEDNESDAY, FEBRUARY 15, 2006

569

TOTAL STATE FUNDS

$291,000

$291,000

$291,000

State General Funds

$291,000

$291,000

$291,000

TOTAL AGENCY FUNDS

$515,075

$515,075

$515,075

Sales and Services

$515,075

$515,075

$515,075

Regulatory Fees

$515,075

$515,075

$515,075

TOTAL PUBLIC FUNDS

$806,075

$806,075

$806,075

Statewide Changes

112.1 WC, GTA, and GBA

State General Funds

$2,066

$2,066

$2,066

Changes in the Size of the Program

112.2 Transfer funds from License Issuance to reflect program structure changes as a result of the transition from DMVS to

the new DDS.

State General Funds

$1,111,975

$1,111,975

$1,111,975

112.3 Add funds for Motorcycle Safety Education. (S: Transfer to Motorcycle Safety Program)

State General Funds

$100,000

$100,000

$0

Regulatory Compliance

Appropriation (HB1026)

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$1,505,041

$1,505,041

$1,405,041

State General Funds

$1,505,041

$1,505,041

$1,405,041

TOTAL AGENCY FUNDS

$515,075

$515,075

$515,075

Sales and Services

$515,075

$515,075

$515,075

Regulatory Fees

$515,075

$515,075

$515,075

TOTAL PUBLIC FUNDS

$2,020,116

$2,020,116

$1,920,116

Section 21: Early Care and Learning, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$294,111,979 $294,111,979 $294,111,979

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308

State General Funds

$4,030,671

$4,030,671

$4,030,671

TOTAL FEDERAL FUNDS

$110,474,059 $110,474,059 $110,474,059

Child & Adult Care Food Program CFDA10.558

$2,950,835

$2,950,835

$2,950,835

570

JOURNAL OF THE SENATE

Child Care & Development Block Grant CFDA93.575

$21,919,354

$21,919,354

$21,919,354

Even Start State Educational Agencies CFDA84.213

$378,870

$378,870

$378,870

Head Start Coordination CFDA93.600

$175,000

$175,000

$175,000

National School Lunch Program CFDA10.555

$83,350,000

$83,350,000

$83,350,000

State Administrative Expenses for Child Nutrition CFDA10.560

$1,700,000

$1,700,000

$1,700,000

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$404,741,038 $404,741,038 $404,741,038

Final Section Totals

TOTAL STATE FUNDS

$294,122,454 $294,122,454 $294,122,454

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308

State General Funds

$4,041,146

$4,041,146

$4,041,146

TOTAL FEDERAL FUNDS

$110,474,059 $110,474,059 $110,474,059

Child & Adult Care Food Program CFDA10.558

$2,950,835

$2,950,835

$2,950,835

Child Care & Development Block Grant CFDA93.575

$21,919,354

$21,919,354

$21,919,354

Even Start State Educational Agencies CFDA84.213

$378,870

$378,870

$378,870

Head Start Coordination CFDA93.600

$175,000

$175,000

$175,000

National School Lunch Program CFDA10.555

$83,350,000

$83,350,000

$83,350,000

State Administrative Expenses for Child Nutrition CFDA10.560

$1,700,000

$1,700,000

$1,700,000

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$404,751,513 $404,751,513 $404,751,513

113. Child Care Services

Appropriation (HB85)

The purpose is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children

experience optimum opportunities for learning and growth.

TOTAL STATE FUNDS

$4,030,671

$4,030,671

$4,030,671

State General Funds

$4,030,671

$4,030,671

$4,030,671

TOTAL FEDERAL FUNDS

$3,435,255

$3,435,255

$3,435,255

Child Care & Development Block Grant CFDA93.575

$3,435,255

$3,435,255

$3,435,255

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

WEDNESDAY, FEBRUARY 15, 2006

571

Regulatory Fees

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$55,000

$55,000

$55,000

TOTAL PUBLIC FUNDS

$7,620,926

$7,620,926

$7,620,926

Statewide Changes

113.1 WC, GTA, and GBA

State General Funds

$10,475

$10,475

$10,475

Child Care Services

Appropriation (HB1026)

The purpose is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children

experience optimum opportunities for learning and growth.

TOTAL STATE FUNDS

$4,041,146

$4,041,146

$4,041,146

State General Funds

$4,041,146

$4,041,146

$4,041,146

TOTAL FEDERAL FUNDS

$3,435,255

$3,435,255

$3,435,255

Child Care & Development Block Grant CFDA93.575

$3,435,255

$3,435,255

$3,435,255

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

Regulatory Fees

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$55,000

$55,000

$55,000

TOTAL PUBLIC FUNDS

$7,631,401

$7,631,401

$7,631,401

114. Nutrition

Appropriation (HB85)

The purpose is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL FEDERAL FUNDS

$88,000,835

$88,000,835

$88,000,835

Child & Adult Care Food Program CFDA10.558

$2,950,835

$2,950,835

$2,950,835

National School Lunch Program CFDA10.555

$83,350,000

$83,350,000

$83,350,000

State Administrative Expenses for Child Nutrition CFDA10.560

$1,700,000

$1,700,000

$1,700,000

TOTAL PUBLIC FUNDS

$88,000,835

$88,000,835

$88,000,835

Nutrition

Appropriation (HB1026)

The purpose is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL FEDERAL FUNDS

$88,000,835

$88,000,835

$88,000,835

Child & Adult Care Food Program CFDA10.558

$2,950,835

$2,950,835

$2,950,835

National School Lunch Program CFDA10.555

$83,350,000

$83,350,000

$83,350,000

State Administrative Expenses for Child Nutrition CFDA10.560

$1,700,000

$1,700,000

$1,700,000

572

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$88,000,835

$88,000,835

$88,000,835

115. Pre-Kindergarten Program

Appropriation (HB85)

The purpose is to provide funding for providers who operate the Pre-K program.

TOTAL STATE FUNDS

$290,081,308 $290,081,308 $290,081,308

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308

TOTAL FEDERAL FUNDS

$667,823

$667,823

$667,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

Even Start State Educational Agencies CFDA84.213

$378,870

$378,870

$378,870

Head Start Coordination CFDA93.600

$175,000

$175,000

$175,000

TOTAL PUBLIC FUNDS

$290,749,131 $290,749,131 $290,749,131

Pre-Kindergarten Program

Appropriation (HB1026)

The purpose is to provide funding for providers who operate the Pre-K program.

TOTAL STATE FUNDS

$290,081,308 $290,081,308 $290,081,308

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308

TOTAL FEDERAL FUNDS

$667,823

$667,823

$667,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

Even Start State Educational Agencies CFDA84.213

$378,870

$378,870

$378,870

Head Start Coordination CFDA93.600

$175,000

$175,000

$175,000

TOTAL PUBLIC FUNDS

$290,749,131 $290,749,131 $290,749,131

116. Quality Initiatives

Appropriation (HB85)

The purpose is to explore new ideas and help implement innovative strategies that focus on improving the quality of early

education, child care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS

$18,370,146

$18,370,146

$18,370,146

Child Care & Development Block Grant CFDA93.575

$18,370,146

$18,370,146

$18,370,146

TOTAL PUBLIC FUNDS

$18,370,146

$18,370,146

$18,370,146

Quality Initiatives

Appropriation (HB1026)

The purpose is to explore new ideas and help implement innovative strategies that focus on improving the quality of early

education, child care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS

$18,370,146

$18,370,146

$18,370,146

Child Care & Development Block Grant CFDA93.575

$18,370,146

$18,370,146

$18,370,146

TOTAL PUBLIC FUNDS

$18,370,146

$18,370,146

$18,370,146

WEDNESDAY, FEBRUARY 15, 2006

573

Section 22: Economic Development, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$31,501,663

$31,501,663

$31,501,663

State General Funds

$31,501,663

$31,501,663

$31,501,663

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$31,521,907

$31,521,907

$31,521,907

Final Section Totals

TOTAL STATE FUNDS

$31,567,125

$31,567,125

$32,187,125

State General Funds

$31,567,125

$31,567,125

$32,187,125

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$31,587,369

$31,587,369

$32,207,369

117. Business Recruitment and Expansion

Appropriation (HB85)

The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in

Georgia.

TOTAL STATE FUNDS

$6,783,664

$6,783,664

$6,783,664

State General Funds

$6,783,664

$6,783,664

$6,783,664

TOTAL PUBLIC FUNDS

$6,783,664

$6,783,664

$6,783,664

One-Time Expense

117.1 Provide funds to replace two motor vehicles for business recruitment activities.

State General Funds

$56,000

$56,000

$56,000

Changes in the Size of the Program

117.2 Realign funding to reflect agency reorganization efforts.

State General Funds

($34,395)

($34,395)

($34,395)

Business Recruitment and Expansion

Appropriation (HB1026)

The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in

Georgia.

TOTAL STATE FUNDS

$6,805,269

$6,805,269

$6,805,269

State General Funds

$6,805,269

$6,805,269

$6,805,269

TOTAL PUBLIC FUNDS

$6,805,269

$6,805,269

$6,805,269

574

JOURNAL OF THE SENATE

118. Departmental Administration

Appropriation (HB85)

The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and

companies to promote the state.

TOTAL STATE FUNDS

$6,213,661

$6,213,661

$6,213,661

State General Funds

$6,213,661

$6,213,661

$6,213,661

TOTAL PUBLIC FUNDS

$6,213,661

$6,213,661

$6,213,661

Statewide Changes

118.1 WC, GTA, and GBA

State General Funds

$8,555

$8,555

$8,555

Changes in the Size of the Program

118.2 Realign funding to reflect agency reorganization efforts.

State General Funds

$47,317

$47,317

$47,317

Departmental Administration

Appropriation (HB1026)

The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and

companies to promote the state.

TOTAL STATE FUNDS

$6,269,533

$6,269,533

$6,269,533

State General Funds

$6,269,533

$6,269,533

$6,269,533

TOTAL PUBLIC FUNDS

$6,269,533

$6,269,533

$6,269,533

119. Film, Music, and Video

Appropriation (HB85)

The purpose is to increase industry awareness of Georgia business opportunities, infrastructure resources, and natural

resources as it pertains to the film, video, and music industry.

TOTAL STATE FUNDS

$1,012,337

$1,012,337

$1,012,337

State General Funds

$1,012,337

$1,012,337

$1,012,337

TOTAL PUBLIC FUNDS

$1,012,337

$1,012,337

$1,012,337

Changes in the Size of the Program

119.1 Realign funding to reflect agency reorganization efforts.

State General Funds

($118,000)

($118,000)

($118,000)

Film, Music, and Video

Appropriation (HB1026)

The purpose is to increase industry awareness of Georgia business opportunities, infrastructure resources, and natural

resources as it pertains to the film, video, and music industry.

TOTAL STATE FUNDS

$894,337

$894,337

$894,337

WEDNESDAY, FEBRUARY 15, 2006

575

State General Funds

$894,337

$894,337

$894,337

TOTAL PUBLIC FUNDS

$894,337

$894,337

$894,337

120. International Relations and Trade

Appropriation (HB85)

The purpose is to provide international trade opportunities through exports to provide executive leadership for

international relations and promote Georgia products and companies to other nations.

TOTAL STATE FUNDS

$2,056,980

$2,056,980

$2,056,980

State General Funds

$2,056,980

$2,056,980

$2,056,980

TOTAL PUBLIC FUNDS

$2,056,980

$2,056,980

$2,056,980

Changes in Operations / Administration

120.2 Provide funding for travel expenses related to mileage reimbursements increase and international travel increases.

State General Funds

$120,000

Changes in the Size of the Program

120.1 Realign funding to reflect agency reorganization efforts.

State General Funds

($45,000)

($45,000)

($45,000)

120.3 Provide funding to assist international trade.

State General Funds

$250,000

120.4 Provide funds for a new office in China.

State General Funds

$250,000

International Relations and Trade

Appropriation (HB1026)

The purpose is to provide international trade opportunities through exports to provide executive leadership for

international relations and promote Georgia products and companies to other nations.

TOTAL STATE FUNDS

$2,011,980

$2,011,980

$2,631,980

State General Funds

$2,011,980

$2,011,980

$2,631,980

TOTAL PUBLIC FUNDS

$2,011,980

$2,011,980

$2,631,980

121. Office of Science and Technology Business Development

Appropriation (HB85)

The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia.

TOTAL STATE FUNDS

$1,563,914

$1,563,914

$1,563,914

State General Funds

$1,563,914

$1,563,914

$1,563,914

TOTAL PUBLIC FUNDS

$1,563,914

$1,563,914

$1,563,914

Changes in the Size of the Program

121.1 Realign funding to reflect agency reorganization efforts.

576

JOURNAL OF THE SENATE

State General Funds

($50,000)

($50,000)

($50,000)

Office of Science and Technology Business Development

Appropriation (HB1026)

The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia.

TOTAL STATE FUNDS

$1,513,914

$1,513,914

$1,513,914

State General Funds

$1,513,914

$1,513,914

$1,513,914

TOTAL PUBLIC FUNDS

$1,513,914

$1,513,914

$1,513,914

122. Small and Minority Business Development

Appropriation (HB85)

The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small

and minority businesses.

TOTAL STATE FUNDS

$924,154

$924,154

$924,154

State General Funds

$924,154

$924,154

$924,154

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

Donations

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$944,398

$944,398

$944,398

Changes in the Size of the Program

122.1 Realign funding to reflect agency reorganization efforts.

State General Funds

($59,922)

($59,922)

($59,922)

Small and Minority Business Development

Appropriation (HB1026)

The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small

and minority businesses.

TOTAL STATE FUNDS

$864,232

$864,232

$864,232

State General Funds

$864,232

$864,232

$864,232

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

Donations

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$884,476

$884,476

$884,476

123. Tourism

Appropriation (HB85)

The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism

expenditures.

TOTAL STATE FUNDS

$11,096,169

$11,096,169

$11,096,169

WEDNESDAY, FEBRUARY 15, 2006

577

State General Funds

$11,096,169

$11,096,169

$11,096,169

TOTAL PUBLIC FUNDS

$11,096,169

$11,096,169

$11,096,169

Changes in the Size of the Program

123.1 Realign funding to reflect agency reorganization efforts.

State General Funds

$260,000

$260,000

$260,000

Tourism

Appropriation (HB1026)

The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism

expenditures.

TOTAL STATE FUNDS

$11,356,169

$11,356,169

$11,356,169

State General Funds

$11,356,169

$11,356,169

$11,356,169

TOTAL PUBLIC FUNDS

$11,356,169

$11,356,169

$11,356,169

124. Payments to Aviation Hall of Fame

Appropriation (HB85)

The purpose is to promote and encourage the growth and public support of aviation within the state by honoring those,

living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in

Georgia.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

Payments to Aviation Hall of Fame

Appropriation (HB1026)

The purpose is to promote and encourage the growth and public support of aviation within the state by honoring those,

living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in

Georgia.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

125. Payments to Golf Hall Of Fame Authority

Appropriation (HB85)

The purpose is to construct and maintain a facility and related attractions to house the Georgia Golf Hall of Fame to honor

those who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or

elsewhere.

TOTAL STATE FUNDS

$58,685

$58,685

$58,685

578

JOURNAL OF THE SENATE

State General Funds

$58,685

$58,685

$58,685

TOTAL PUBLIC FUNDS

$58,685

$58,685

$58,685

Payments to Golf Hall Of Fame Authority

Appropriation (HB1026)

The purpose is to construct and maintain a facility and related attractions to house the Georgia Golf Hall of Fame to honor

those who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or

elsewhere.

TOTAL STATE FUNDS

$58,685

$58,685

$58,685

State General Funds

$58,685

$58,685

$58,685

TOTAL PUBLIC FUNDS

$58,685

$58,685

$58,685

126. Payments to Georgia Medical Center Authority

Appropriation (HB85)

The purpose is to provide funds to the Georgia Medical Center Authority.

TOTAL STATE FUNDS

$250,000

$250,000

$250,000

State General Funds

$250,000

$250,000

$250,000

TOTAL PUBLIC FUNDS

$250,000

$250,000

$250,000

Payments to Georgia Medical Center Authority

Appropriation (HB1026)

The purpose is to provide funds to the Georgia Medical Center Authority.

TOTAL STATE FUNDS

$250,000

$250,000

$250,000

State General Funds

$250,000

$250,000

$250,000

TOTAL PUBLIC FUNDS

$250,000

$250,000

$250,000

127. Payments to Georgia Music Hall of Fame Authority

Appropriation (HB85)

The purpose is to preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS

$767,039

$767,039

$767,039

State General Funds

$767,039

$767,039

$767,039

TOTAL PUBLIC FUNDS

$767,039

$767,039

$767,039

Statewide Changes

127.1 WC, GTA, and GBA

State General Funds

$427

$427

$427

Changes in Operations / Administration

127.2 Transfer funds from the Payments to Georgia Music Hall of Fame Authority program to the Music Hall of Fame

program (G:YES)(H:YES)(S:YES).

Agency to Agency Contracts

$0

$0

$0

WEDNESDAY, FEBRUARY 15, 2006

579

Payments to Georgia Music Hall of Fame Authority

Appropriation (HB1026)

The purpose is to preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS

$767,466

$767,466

$767,466

State General Funds

$767,466

$767,466

$767,466

TOTAL PUBLIC FUNDS

$767,466

$767,466

$767,466

128. Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB85)

The purpose is to preserve and interpret the history of sports in Georgia.

TOTAL STATE FUNDS

$725,060

$725,060

$725,060

State General Funds

$725,060

$725,060

$725,060

TOTAL PUBLIC FUNDS

$725,060

$725,060

$725,060

Statewide Changes

128.1 WC, GTA, and GBA

State General Funds

$480

$480

$480

Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB1026)

The purpose is to preserve and interpret the history of sports in Georgia.

TOTAL STATE FUNDS

$725,540

$725,540

$725,540

State General Funds

$725,540

$725,540

$725,540

TOTAL PUBLIC FUNDS

$725,540

$725,540

$725,540

Section 23: Education, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$6,439,678,120 $6,439,678,120 $6,439,678,120

State General Funds

$6,439,678,120 $6,439,678,120 $6,439,678,120

TOTAL FEDERAL FUNDS

$1,109,448,190 $1,109,448,190 $1,109,448,190

21 Century Community Learning Centers CFDA84.287

$28,930,500

$28,930,500

$28,930,500

Advanced Placement Program CFDA84.33

$233,948

$233,948

$233,948

Byrd Honors Scholarship CFDA84.185

$1,212,000

$1,212,000

$1,212,000

Charter School CFDA84.282

$7,502,171

$7,502,171

$7,502,171

Comprehensive School Reform Demonstration CFDA84.332

$17,598,813

$17,598,813

$17,598,813

Education for Homeless Children & Youth CFDA84.196

$2,015,760

$2,015,760

$2,015,760

Education Technology State Grants CFDA84.318

$20,066,284

$20,066,284

$20,066,284

English Language Acquisition Grants CFDA84.365

$11,017,920

$11,017,920

$11,017,920

580

JOURNAL OF THE SENATE

Even Start State Educational Agencies CFDA84.213 Grant to Local Educational Agencies CFDA84.010 Grants for State Assessments & Related Activities CFDA84.369 Improving Teacher Quality State Grant CFDA84.367 Learn & Serve America-School & Community Programs CFDA94.004 Mathematics & Science Partnerships CFDA84.366 Migrant Education State Grant Program CFDA84.011 National Assessment of Educational Progress CFDA84.902 National School Lunch Program CFDA10.555 Program for Neglected and Delinquent Children CFDA84.013 Reading First State Grant CFDA 84.357 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Rural Education CFDA84.358 Safe and Drug-free Schools and Communities CFDA84.186 School Breakfast Program CFDA10.553 Special Education Grants to States CFDA 84.027 Special Education Preschool Grants CFDA 84.173 State Grants for Innovative Programs CFDA84.298 Support School Health Programs CFDA93.938 Tech-Prep Education CFDA84.243 Vocational Education Basic Grants CFDA84.048 Vocational Education Occupation&Employment Info CFDA84.346 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS

$6,959,361 $314,269,936
$9,970,191 $74,583,137
$1,044,131

$6,959,361 $314,269,936
$9,970,191 $74,583,137
$1,044,131

$4,227,616

$4,227,616

$10,515,138

$10,515,138

$128,072

$128,072

$154,056,213 $154,056,213

$13,525

$13,525

$57,178,909

$57,178,909

$639,390

$639,390

$7,310,226

$7,310,226

$9,758,707

$9,758,707

$38,947,956

$38,947,956

$270,178,855 $270,178,855

$10,025,518

$10,025,518

$8,458,565

$8,458,565

$6,174

$6,174

$3,255,308

$3,255,308

$39,174,407

$39,174,407

$169,459

$169,459

$41,498,551

$41,498,551

$3,896,476

$3,896,476

$5,891,703

$5,891,703

$93,486

$93,486

$31,616,886

$31,616,886

$7,590,624,861 $7,590,624,861
Final Section Totals

$6,613,239,296 $6,614,974,132

$6,959,361 $314,269,936
$9,970,191 $74,583,137
$1,044,131
$4,227,616 $10,515,138
$128,072 $154,056,213
$13,525 $57,178,909
$639,390 $7,310,226 $9,758,707 $38,947,956 $270,178,855 $10,025,518 $8,458,565
$6,174 $3,255,308 $39,174,407
$169,459 $41,498,551
$3,896,476 $5,891,703
$93,486 $31,616,886 $7,590,624,861
$6,611,588,141

WEDNESDAY, FEBRUARY 15, 2006

581

Revenue Shortfall Reserve for K-12 Needs State General Funds TOTAL FEDERAL FUNDS 21 Century Community Learning Centers CFDA84.287 Advanced Placement Program CFDA84.33 Byrd Honors Scholarship CFDA84.185 Charter School CFDA84.282 Comprehensive School Reform Demonstration CFDA84.332 Education for Homeless Children & Youth CFDA84.196 Education Technology State Grants CFDA84.318 English Language Acquisition Grants CFDA84.365 Even Start State Educational Agencies CFDA84.213 Grant to Local Educational Agencies CFDA84.010 Grants for State Assessments & Related Activities CFDA84.369 Improving Teacher Quality State Grant CFDA84.367 Learn & Serve America-School & Community Programs CFDA94.004 Mathematics & Science Partnerships CFDA84.366 Migrant Education State Grant Program CFDA84.011 National Assessment of Educational Progress CFDA84.902 National School Lunch Program CFDA10.555 Program for Neglected and Delinquent Children CFDA84.013 Reading First State Grant CFDA 84.357 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Rural Education CFDA84.358 Safe and Drug-free Schools and Communities CFDA84.186 School Breakfast Program CFDA10.553 Special Education Grants to States CFDA 84.027 Special Education Preschool Grants CFDA 84.173 State Grants for Innovative Programs CFDA84.298 Support School Health Programs CFDA93.938

$158,139,967 $6,455,099,329 $1,109,448,190
$28,930,500 $233,948
$1,212,000 $7,502,171 $17,598,813 $2,015,760 $20,066,284 $11,017,920 $6,959,361 $314,269,936 $9,970,191 $74,583,137 $1,044,131

$158,139,967 $6,456,834,165 $1,109,448,190
$28,930,500 $233,948
$1,212,000 $7,502,171 $17,598,813 $2,015,760 $20,066,284 $11,017,920 $6,959,361 $314,269,936 $9,970,191 $74,583,137 $1,044,131

$158,139,967 $6,453,448,174 $1,109,448,190
$28,930,500 $233,948
$1,212,000 $7,502,171 $17,598,813 $2,015,760 $20,066,284 $11,017,920 $6,959,361 $314,269,936 $9,970,191 $74,583,137 $1,044,131

$4,227,616 $10,515,138
$128,072 $154,056,213
$13,525 $57,178,909
$639,390 $7,310,226 $9,758,707 $38,947,956 $270,178,855 $10,025,518 $8,458,565
$6,174

$4,227,616 $10,515,138
$128,072 $154,056,213
$13,525 $57,178,909
$639,390 $7,310,226 $9,758,707 $38,947,956 $270,178,855 $10,025,518 $8,458,565
$6,174

$4,227,616 $10,515,138
$128,072 $154,056,213
$13,525 $57,178,909
$639,390 $7,310,226 $9,758,707 $38,947,956 $270,178,855 $10,025,518 $8,458,565
$6,174

582

JOURNAL OF THE SENATE

Tech-Prep Education CFDA84.243

$3,255,308

$3,255,308

$3,255,308

Vocational Education Basic Grants CFDA84.048

$39,174,407

$39,174,407

$39,174,407

Vocational Education Occupation&Employment Info CFDA84.346

$169,459

$169,459

$169,459

TOTAL AGENCY FUNDS

$41,498,551

$41,498,551

$41,498,551

Contributions, Donations, and Forfeitures

$3,896,476

$3,896,476

$3,896,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$93,486

Sales and Services

$31,616,886

$31,616,886

$31,616,886

TOTAL PUBLIC FUNDS

$7,764,186,037 $7,765,920,873 $7,762,534,882

129. Academic Coach Program

Appropriation (HB85)

The purpose of this program is to provide certificated public school teachers who exhibit excellence in the classroom with

salary supplements or bonuses in exchange for mentoring other public school teachers.

TOTAL STATE FUNDS

$3,899,132

$3,899,132

$3,899,132

State General Funds

$3,899,132

$3,899,132

$3,899,132

TOTAL PUBLIC FUNDS

$3,899,132

$3,899,132

$3,899,132

Changes in Operations / Administration

129.1 Reduce funds for the Science Mentor activity to recognize actual start dates for employees.

State General Funds

($200,000)

($220,000)

($200,000)

Academic Coach Program

Appropriation (HB1026)

The purpose of this program is to provide certificated public school teachers who exhibit excellence in the classroom with

salary supplements or bonuses in exchange for mentoring other public school teachers.

TOTAL STATE FUNDS

$3,699,132

$3,679,132

$3,699,132

State General Funds

$3,699,132

$3,679,132

$3,699,132

TOTAL PUBLIC FUNDS

$3,699,132

$3,679,132

$3,699,132

130. Agricultural Education

Appropriation (HB85)

The purpose is to provide students with competencies to make them aware of the importance of the agricultural industry

and develop skills to prepare them for the world of work.

TOTAL STATE FUNDS

$7,423,422

$7,423,422

$7,423,422

State General Funds

$7,423,422

$7,423,422

$7,423,422

TOTAL FEDERAL FUNDS

$126,577

$126,577

$126,577

Vocational Education Basic Grants CFDA84.048

$126,577

$126,577

$126,577

WEDNESDAY, FEBRUARY 15, 2006

583

TOTAL PUBLIC FUNDS

$7,549,999

$7,549,999

$7,549,999

Agricultural Education

Appropriation (HB1026)

The purpose is to provide students with competencies to make them aware of the importance of the agricultural industry

and develop skills to prepare them for the world of work.

TOTAL STATE FUNDS

$7,423,422

$7,423,422

$7,423,422

State General Funds

$7,423,422

$7,423,422

$7,423,422

TOTAL FEDERAL FUNDS

$126,577

$126,577

$126,577

Vocational Education Basic Grants CFDA84.048

$126,577

$126,577

$126,577

TOTAL PUBLIC FUNDS

$7,549,999

$7,549,999

$7,549,999

131. Central Office

Appropriation (HB85)

The purpose is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS

$34,924,681

$34,924,681

$34,924,681

State General Funds

$34,924,681

$34,924,681

$34,924,681

TOTAL FEDERAL FUNDS

$34,182,308

$34,182,308

$34,182,308

21 Century Community Learning Centers CFDA84.287

$1,695,248

$1,695,248

$1,695,248

Advanced Placement Program CFDA84.33

$233,948

$233,948

$233,948

Charter School CFDA84.282

$827,574

$827,574

$827,574

Comprehensive School Reform Demonstration CFDA84.332

$376,166

$376,166

$376,166

Education for Homeless Children & Youth CFDA84.196

$164,596

$164,596

$164,596

Education Technology State Grants CFDA84.318

$895,748

$895,748

$895,748

English Language Acquisition Grants CFDA84.365

$388,716

$388,716

$388,716

Even Start State Educational Agencies CFDA84.213

$567,558

$567,558

$567,558

Grant to Local Educational Agencies CFDA84.010

$2,732,396

$2,732,396

$2,732,396

Grants for State Assessments & Related Activities CFDA84.369

$266,000

$266,000

$266,000

Improving Teacher Quality State Grant CFDA84.367

$62,187

$62,187

$62,187

Learn & Serve America-School & Community Programs

$292,094

$292,094

$292,094

CFDA94.004

Mathematics & Science Partnerships CFDA84.366

$15,239

$15,239

$15,239

Migrant Education State Grant Program CFDA84.011

$1,966,512

$1,966,512

$1,966,512

National Assessment of Educational Progress CFDA84.902

$128,072

$128,072

$128,072

National School Lunch Program CFDA10.555

$4,628,447

$4,628,447

$4,628,447

584

JOURNAL OF THE SENATE

Program for Neglected and Delinquent Children CFDA84.013

$13,525

$13,525

$13,525

Reading First State Grant CFDA 84.357

$7,050,445

$7,050,445

$7,050,445

Rural Education CFDA84.358

$363,860

$363,860

$363,860

Safe and Drug-free Schools and Communities CFDA84.186

$372,070

$372,070

$372,070

Special Education Grants to States CFDA 84.027

$7,110,293

$7,110,293

$7,110,293

State Grants for Innovative Programs CFDA84.298

$1,048,086

$1,048,086

$1,048,086

Support School Health Programs CFDA93.938

$6,174

$6,174

$6,174

Tech-Prep Education CFDA84.243

$102,378

$102,378

$102,378

Vocational Education Basic Grants CFDA84.048

$2,705,517

$2,705,517

$2,705,517

Vocational Education Occupation&Employment Info CFDA84.346

$169,459

$169,459

$169,459

TOTAL AGENCY FUNDS

$10,897,550

$10,897,550

$10,897,550

Contributions, Donations, and Forfeitures

$3,796,476

$3,796,476

$3,796,476

Donations

$3,796,476

$3,796,476

$3,796,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

Federal Funds Prior Year

$3,940,309

$3,940,309

$3,940,309

Lottery Prior Year Funds

$1,951,394

$1,951,394

$1,951,394

Intergovernmental Transfers

$93,486

$93,486

$93,486

National Center for Education Assistance Grant

$93,486

$93,486

$93,486

Sales and Services

$1,115,885

$1,115,885

$1,115,885

Sales and Services Not Itemized

$1,115,885

$1,115,885

$1,115,885

TOTAL PUBLIC FUNDS

$80,004,539

$80,004,539

$80,004,539

Statewide Changes

131.1 WC, GTA, and GBA

State General Funds

$33,870

$33,870

$33,870

One-Time Expense

131.2 Add funds for a consultant for the Governor's Education Finance Taskforce.

State General Funds

$100,000

$100,000

$100,000

131.4 Reimburse local school systems for taxes charged on the purchase of materials for infrastructure.

State General Funds

$1,234,836

$1,234,836

Changes in What Services are Offered

WEDNESDAY, FEBRUARY 15, 2006

585

131.3 Eliminate funding for the Global Achievers contract. (H:Restore $20,000 in funds already expended in FY 2006)

State General Funds

($50,000)

($30,000)

$0

Central Office

Appropriation (HB1026)

The purpose is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS

$35,008,551

$36,263,387

$36,293,387

State General Funds

$35,008,551

$36,263,387

$36,293,387

TOTAL FEDERAL FUNDS

$34,182,308

$34,182,308

$34,182,308

21 Century Community Learning Centers CFDA84.287

$1,695,248

$1,695,248

$1,695,248

Advanced Placement Program CFDA84.33

$233,948

$233,948

$233,948

Charter School CFDA84.282

$827,574

$827,574

$827,574

Comprehensive School Reform Demonstration CFDA84.332

$376,166

$376,166

$376,166

Education for Homeless Children & Youth CFDA84.196

$164,596

$164,596

$164,596

Education Technology State Grants CFDA84.318

$895,748

$895,748

$895,748

English Language Acquisition Grants CFDA84.365

$388,716

$388,716

$388,716

Even Start State Educational Agencies CFDA84.213

$567,558

$567,558

$567,558

Grant to Local Educational Agencies CFDA84.010

$2,732,396

$2,732,396

$2,732,396

Grants for State Assessments & Related Activities CFDA84.369

$266,000

$266,000

$266,000

Improving Teacher Quality State Grant CFDA84.367

$62,187

$62,187

$62,187

Learn & Serve America-School & Community Programs

$292,094

$292,094

$292,094

CFDA94.004

Mathematics & Science Partnerships CFDA84.366

$15,239

$15,239

$15,239

Migrant Education State Grant Program CFDA84.011

$1,966,512

$1,966,512

$1,966,512

National Assessment of Educational Progress CFDA84.902

$128,072

$128,072

$128,072

National School Lunch Program CFDA10.555

$4,628,447

$4,628,447

$4,628,447

Program for Neglected and Delinquent Children CFDA84.013

$13,525

$13,525

$13,525

Reading First State Grant CFDA 84.357

$7,050,445

$7,050,445

$7,050,445

Rural Education CFDA84.358

$363,860

$363,860

$363,860

Safe and Drug-free Schools and Communities CFDA84.186

$372,070

$372,070

$372,070

Special Education Grants to States CFDA 84.027

$7,110,293

$7,110,293

$7,110,293

State Grants for Innovative Programs CFDA84.298

$1,048,086

$1,048,086

$1,048,086

Support School Health Programs CFDA93.938

$6,174

$6,174

$6,174

586

JOURNAL OF THE SENATE

Tech-Prep Education CFDA84.243

$102,378

$102,378

$102,378

Vocational Education Basic Grants CFDA84.048

$2,705,517

$2,705,517

$2,705,517

Vocational Education Occupation&Employment Info CFDA84.346

$169,459

$169,459

$169,459

TOTAL AGENCY FUNDS

$10,897,550

$10,897,550

$10,897,550

Contributions, Donations, and Forfeitures

$3,796,476

$3,796,476

$3,796,476

Donations

$3,796,476

$3,796,476

$3,796,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

Federal Funds Prior Year

$3,940,309

$3,940,309

$3,940,309

Lottery Prior Year Funds

$1,951,394

$1,951,394

$1,951,394

Intergovernmental Transfers

$93,486

$93,486

$93,486

National Center for Education Assistance Grant

$93,486

$93,486

$93,486

Sales and Services

$1,115,885

$1,115,885

$1,115,885

Sales and Services Not Itemized

$1,115,885

$1,115,885

$1,115,885

TOTAL PUBLIC FUNDS

$80,088,409

$81,343,245

$81,373,245

132. Charter Schools

Appropriation (HB85)

Georgia's Charter School program seeks to support and encourage development and approval of charter public schools as

one part of Georgia's overall school improvement strategy.

TOTAL STATE FUNDS

$770,193

$770,193

$770,193

State General Funds

$770,193

$770,193

$770,193

TOTAL FEDERAL FUNDS

$6,729,711

$6,729,711

$6,729,711

Charter School CFDA84.282

$6,674,597

$6,674,597

$6,674,597

Special Education Grants to States CFDA 84.027

$55,114

$55,114

$55,114

TOTAL PUBLIC FUNDS

$7,499,904

$7,499,904

$7,499,904

Charter Schools

Appropriation (HB1026)

Georgia's Charter School program seeks to support and encourage development and approval of charter public schools as

one part of Georgia's overall school improvement strategy.

TOTAL STATE FUNDS

$770,193

$770,193

$770,193

State General Funds

$770,193

$770,193

$770,193

TOTAL FEDERAL FUNDS

$6,729,711

$6,729,711

$6,729,711

Charter School CFDA84.282

$6,674,597

$6,674,597

$6,674,597

Special Education Grants to States CFDA 84.027

$55,114

$55,114

$55,114

WEDNESDAY, FEBRUARY 15, 2006

587

TOTAL PUBLIC FUNDS

$7,499,904

$7,499,904

$7,499,904

133. Communities in Schools

Appropriation (HB85)

Communities in Schools operates alternative education programs throughout the state, bringing community resources into

schools to help students stay in school and prepare for life.

TOTAL STATE FUNDS

$1,320,623

$1,320,623

$1,320,623

State General Funds

$1,320,623

$1,320,623

$1,320,623

TOTAL PUBLIC FUNDS

$1,320,623

$1,320,623

$1,320,623

Communities in Schools

Appropriation (HB1026)

Communities in Schools operates alternative education programs throughout the state, bringing community resources into

schools to help students stay in school and prepare for life.

TOTAL STATE FUNDS

$1,320,623

$1,320,623

$1,320,623

State General Funds

$1,320,623

$1,320,623

$1,320,623

TOTAL PUBLIC FUNDS

$1,320,623

$1,320,623

$1,320,623

134. Curriculum Development

Appropriation (HB85)

The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers

and students.

TOTAL STATE FUNDS

$1,774,833

$1,774,833

$1,774,833

State General Funds

$1,774,833

$1,774,833

$1,774,833

TOTAL PUBLIC FUNDS

$1,774,833

$1,774,833

$1,774,833

Curriculum Development

Appropriation (HB1026)

The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers

and students.

TOTAL STATE FUNDS

$1,774,833

$1,774,833

$1,774,833

State General Funds

$1,774,833

$1,774,833

$1,774,833

TOTAL PUBLIC FUNDS

$1,774,833

$1,774,833

$1,774,833

135. Federal Programs

Appropriation (HB85)

Federal programs coordinates federally funded programs and allocates federal funds to school systems.

TOTAL FEDERAL FUNDS

$817,561,039 $817,561,039 $817,561,039

21 Century Community Learning Centers CFDA84.287

$27,235,252

$27,235,252

$27,235,252

Byrd Honors Scholarship CFDA84.185

$1,212,000

$1,212,000

$1,212,000

Comprehensive School Reform Demonstration CFDA84.332

$17,222,647

$17,222,647

$17,222,647

588

JOURNAL OF THE SENATE

Education for Homeless Children & Youth CFDA84.196

$1,851,164

$1,851,164

$1,851,164

Education Technology State Grants CFDA84.318

$19,170,536

$19,170,536

$19,170,536

English Language Acquisition Grants CFDA84.365

$10,629,204

$10,629,204

$10,629,204

Even Start State Educational Agencies CFDA84.213

$6,391,803

$6,391,803

$6,391,803

Grant to Local Educational Agencies CFDA84.010

$311,537,540 $311,537,540 $311,537,540

Improving Teacher Quality State Grant CFDA84.367

$74,520,950

$74,520,950

$74,520,950

Learn & Serve America-School & Community Programs

$752,037

$752,037

$752,037

CFDA94.004

Mathematics & Science Partnerships CFDA84.366

$4,212,377

$4,212,377

$4,212,377

Migrant Education State Grant Program CFDA84.011

$8,548,626

$8,548,626

$8,548,626

Reading First State Grant CFDA 84.357

$50,116,464

$50,116,464

$50,116,464

Refugee & Entrant Assistance Discretionary Grants CFDA93.576

$639,390

$639,390

$639,390

Rural Education CFDA84.358

$6,946,366

$6,946,366

$6,946,366

Safe and Drug-free Schools and Communities CFDA84.186

$9,386,637

$9,386,637

$9,386,637

Special Education Grants to States CFDA 84.027

$249,764,898 $249,764,898 $249,764,898

Special Education Preschool Grants CFDA 84.173

$10,012,669

$10,012,669

$10,012,669

State Grants for Innovative Programs CFDA84.298

$7,410,479

$7,410,479

$7,410,479

TOTAL PUBLIC FUNDS

$817,561,039 $817,561,039 $817,561,039

Federal Programs

Appropriation (HB1026)

Federal programs coordinates federally funded programs and allocates federal funds to school systems.

TOTAL FEDERAL FUNDS

$817,561,039 $817,561,039 $817,561,039

21 Century Community Learning Centers CFDA84.287

$27,235,252

$27,235,252

$27,235,252

Byrd Honors Scholarship CFDA84.185

$1,212,000

$1,212,000

$1,212,000

Comprehensive School Reform Demonstration CFDA84.332

$17,222,647

$17,222,647

$17,222,647

Education for Homeless Children & Youth CFDA84.196

$1,851,164

$1,851,164

$1,851,164

Education Technology State Grants CFDA84.318

$19,170,536

$19,170,536

$19,170,536

English Language Acquisition Grants CFDA84.365

$10,629,204

$10,629,204

$10,629,204

Even Start State Educational Agencies CFDA84.213

$6,391,803

$6,391,803

$6,391,803

Grant to Local Educational Agencies CFDA84.010

$311,537,540 $311,537,540 $311,537,540

Improving Teacher Quality State Grant CFDA84.367

$74,520,950

$74,520,950

$74,520,950

WEDNESDAY, FEBRUARY 15, 2006

589

Learn & Serve America-School & Community Programs

$752,037

$752,037

$752,037

CFDA94.004

Mathematics & Science Partnerships CFDA84.366

$4,212,377

$4,212,377

$4,212,377

Migrant Education State Grant Program CFDA84.011

$8,548,626

$8,548,626

$8,548,626

Reading First State Grant CFDA 84.357

$50,116,464

$50,116,464

$50,116,464

Refugee & Entrant Assistance Discretionary Grants CFDA93.576

$639,390

$639,390

$639,390

Rural Education CFDA84.358

$6,946,366

$6,946,366

$6,946,366

Safe and Drug-free Schools and Communities CFDA84.186

$9,386,637

$9,386,637

$9,386,637

Special Education Grants to States CFDA 84.027

$249,764,898 $249,764,898 $249,764,898

Special Education Preschool Grants CFDA 84.173

$10,012,669

$10,012,669

$10,012,669

State Grants for Innovative Programs CFDA84.298

$7,410,479

$7,410,479

$7,410,479

TOTAL PUBLIC FUNDS

$817,561,039 $817,561,039 $817,561,039

136. Foreign Language

Appropriation (HB85)

The foreign language program provides funds to elementary schools for foreign language instruction.

TOTAL STATE FUNDS

$1,590,857

$1,590,857

$1,590,857

State General Funds

$1,590,857

$1,590,857

$1,590,857

TOTAL PUBLIC FUNDS

$1,590,857

$1,590,857

$1,590,857

Foreign Language

Appropriation (HB1026)

The foreign language program provides funds to elementary schools for foreign language instruction.

TOTAL STATE FUNDS

$1,590,857

$1,590,857

$1,590,857

State General Funds

$1,590,857

$1,590,857

$1,590,857

TOTAL PUBLIC FUNDS

$1,590,857

$1,590,857

$1,590,857

137. Georgia Learning Resources System

Appropriation (HB85)

The purpose of this program is to provide training and resources to educators and parents of students with disabilities

through a network of 17 centers around the state.

TOTAL FEDERAL FUNDS

$5,117,573

$5,117,573

$5,117,573

Special Education Grants to States CFDA 84.027

$5,117,573

$5,117,573

$5,117,573

TOTAL PUBLIC FUNDS

$5,117,573

$5,117,573

$5,117,573

Georgia Learning Resources System

Appropriation (HB1026)

The purpose of this program is to provide training and resources to educators and parents of students with disabilities

through a network of 17 centers around the state.

590

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$5,117,573

$5,117,573

$5,117,573

Special Education Grants to States CFDA 84.027

$5,117,573

$5,117,573

$5,117,573

TOTAL PUBLIC FUNDS

$5,117,573

$5,117,573

$5,117,573

138. Georgia Virtual School

Appropriation (HB85)

The purpose of this program is to provide students enrollment in state funded courses via the Internet or in any other

manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$1,385,000

$1,385,000

$1,385,000

State General Funds

$1,385,000

$1,385,000

$1,385,000

TOTAL PUBLIC FUNDS

$1,385,000

$1,385,000

$1,385,000

Georgia Virtual School

Appropriation (HB1026)

The purpose of this program is to provide students enrollment in state funded courses via the Internet or in any other

manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$1,385,000

$1,385,000

$1,385,000

State General Funds

$1,385,000

$1,385,000

$1,385,000

TOTAL PUBLIC FUNDS

$1,385,000

$1,385,000

$1,385,000

139. Georgia Youth Science and Technology

Appropriation (HB85)

The purpose of this program is to increase interest and enthusiasm in science and the technologies, particularly among

elementary and middle school teachers and students.

TOTAL STATE FUNDS

$689,203

$689,203

$689,203

State General Funds

$689,203

$689,203

$689,203

TOTAL PUBLIC FUNDS

$689,203

$689,203

$689,203

Georgia Youth Science and Technology

Appropriation (HB1026)

The purpose of this program is to increase interest and enthusiasm in science and the technologies, particularly among

elementary and middle school teachers and students.

TOTAL STATE FUNDS

$689,203

$689,203

$689,203

State General Funds

$689,203

$689,203

$689,203

TOTAL PUBLIC FUNDS

$689,203

$689,203

$689,203

140. Governor's Honors Program

Appropriation (HB85)

The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and

enriching educational opportunities not usually available during the regular school year.

TOTAL STATE FUNDS

$1,416,743

$1,416,743

$1,416,743

WEDNESDAY, FEBRUARY 15, 2006

591

State General Funds

$1,416,743

$1,416,743

$1,416,743

TOTAL PUBLIC FUNDS

$1,416,743

$1,416,743

$1,416,743

Governor's Honors Program

Appropriation (HB1026)

The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and

enriching educational opportunities not usually available during the regular school year.

TOTAL STATE FUNDS

$1,416,743

$1,416,743

$1,416,743

State General Funds

$1,416,743

$1,416,743

$1,416,743

TOTAL PUBLIC FUNDS

$1,416,743

$1,416,743

$1,416,743

141. Information Technology Services

Appropriation (HB85)

The purpose is primarily responsible for the collection and reporting of accurate data through the development and

maintenance of web-enabled applications.

TOTAL STATE FUNDS

$7,496,550

$7,496,550

$7,496,550

State General Funds

$7,496,550

$7,496,550

$7,496,550

TOTAL PUBLIC FUNDS

$7,496,550

$7,496,550

$7,496,550

Changes in Operations / Administration

141.1 Create new program called Fund Accounting (G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

One-Time Expense

141.2 Provide fund accounting system for all local school system. (H: Redirect $500,000 in proposed funding to correct a

middle school FTE count error. Replace funds in year two of the fund accounting project.)

State General Funds

$9,000,000

$8,500,000

$0

141.3 Fund Accounting: Script Interface to Financial Systems

State General Funds

$1,000,000

141.4 Fund Accounting: Interface to Other Agencies

State General Funds

$500,000

141.5 Fund Accounting: Develop Capital Outlay Processing System (COPS)

State General Funds

$1,100,000

141.6 Fund Accounting: Electronic Transcript - assists GSFC to establish HOPE Eligibility as well as interface with State

Universities and Colleges.

State General Funds

$400,000

141.7 Fund Accounting: Interface with Federal System - NCES Course Taxonomy

592

JOURNAL OF THE SENATE

State General Funds

$100,000

141.8 Fund Accounting: Assessments - Adding item level domain data to Data Warehouse

State General Funds

$250,000

141.9 Fund Accounting: Project Planning & Development

State General Funds

$750,000

141.1 Fund Accounting: DOE Project Team Costs

State General Funds

$750,000

Information Technology Services

Appropriation (HB1026)

The purpose is primarily responsible for the collection and reporting of accurate data through the development and

maintenance of web-enabled applications.

TOTAL STATE FUNDS

$16,496,550

$15,996,550

$12,346,550

State General Funds

$16,496,550

$15,996,550

$12,346,550

TOTAL PUBLIC FUNDS

$16,496,550

$15,996,550

$12,346,550

142. National Board Certification

Appropriation (HB85)

National Board Certification is jointly administered between the Department of Education and the Professional Standards

Commission. The Department of Education component provides the ten percent salary increase for national board certified

teachers (based on the state salary)

TOTAL STATE FUNDS

$11,038,035

$11,038,035

$11,038,035

State General Funds

$11,038,035

$11,038,035

$11,038,035

TOTAL PUBLIC FUNDS

$11,038,035

$11,038,035

$11,038,035

National Board Certification

Appropriation (HB1026)

National Board Certification is jointly administered between the Department of Education and the Professional Standards

Commission. The Department of Education component provides the ten percent salary increase for national board certified

teachers (based on the state salary)

TOTAL STATE FUNDS

$11,038,035

$11,038,035

$11,038,035

State General Funds

$11,038,035

$11,038,035

$11,038,035

TOTAL PUBLIC FUNDS

$11,038,035

$11,038,035

$11,038,035

143. National Science Center and Foundation

Appropriation (HB85)

The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways

to use technology in teaching, and to deploy those methods in our schools.

TOTAL STATE FUNDS

$1,416,750

$1,416,750

$1,416,750

WEDNESDAY, FEBRUARY 15, 2006

593

State General Funds

$1,416,750

$1,416,750

$1,416,750

TOTAL PUBLIC FUNDS

$1,416,750

$1,416,750

$1,416,750

National Science Center and Foundation

Appropriation (HB1026)

The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways

to use technology in teaching, and to deploy those methods in our schools.

TOTAL STATE FUNDS

$1,416,750

$1,416,750

$1,416,750

State General Funds

$1,416,750

$1,416,750

$1,416,750

TOTAL PUBLIC FUNDS

$1,416,750

$1,416,750

$1,416,750

144. Non Quality Basic Education Formula Grants

Appropriation (HB85)

The purpose of this program is to assure that sufficient funds are provided in order for the State's public school students to

receive an effective education.

TOTAL STATE FUNDS

$7,688,674

$7,688,674

$7,688,674

State General Funds

$7,688,674

$7,688,674

$7,688,674

TOTAL PUBLIC FUNDS

$7,688,674

$7,688,674

$7,688,674

Non Quality Basic Education Formula Grants

Appropriation (HB1026)

The purpose of this program is to assure that sufficient funds are provided in order for the State's public school students to

receive an effective education.

TOTAL STATE FUNDS

$7,688,674

$7,688,674

$7,688,674

State General Funds

$7,688,674

$7,688,674

$7,688,674

TOTAL PUBLIC FUNDS

$7,688,674

$7,688,674

$7,688,674

145. Nutrition

Appropriation (HB85)

The purpose is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver

meals that support nutritional well-being and performance at school.

TOTAL STATE FUNDS

$36,017,592

$36,017,592

$36,017,592

State General Funds

$36,017,592

$36,017,592

$36,017,592

TOTAL FEDERAL FUNDS

$188,375,722 $188,375,722 $188,375,722

National School Lunch Program CFDA10.555

$149,427,766 $149,427,766 $149,427,766

School Breakfast Program CFDA10.553

$38,947,956

$38,947,956

$38,947,956

TOTAL PUBLIC FUNDS

$224,393,314 $224,393,314 $224,393,314

594

JOURNAL OF THE SENATE

Nutrition

Appropriation (HB1026)

The purpose is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver

meals that support nutritional well-being and performance at school.

TOTAL STATE FUNDS

$36,017,592

$36,017,592

$36,017,592

State General Funds

$36,017,592

$36,017,592

$36,017,592

TOTAL FEDERAL FUNDS

$188,375,722 $188,375,722 $188,375,722

National School Lunch Program CFDA10.555

$149,427,766 $149,427,766 $149,427,766

School Breakfast Program CFDA10.553

$38,947,956

$38,947,956

$38,947,956

TOTAL PUBLIC FUNDS

$224,393,314 $224,393,314 $224,393,314

146. Preschool Handicapped

Appropriation (HB85)

The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to

succeed.

TOTAL STATE FUNDS

$24,008,490

$24,008,490

$24,008,490

State General Funds

$24,008,490

$24,008,490

$24,008,490

TOTAL PUBLIC FUNDS

$24,008,490

$24,008,490

$24,008,490

Preschool Handicapped

Appropriation (HB1026)

The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to

succeed.

TOTAL STATE FUNDS

$24,008,490

$24,008,490

$24,008,490

State General Funds

$24,008,490

$24,008,490

$24,008,490

TOTAL PUBLIC FUNDS

$24,008,490

$24,008,490

$24,008,490

147. Principal Supplements

Appropriation (HB85)

The purpose of the program is to provide supplements to principals, the amount being determined by multiplying the

amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school.

TOTAL STATE FUNDS

$5,361,125

$5,361,125

$5,361,125

State General Funds

$5,361,125

$5,361,125

$5,361,125

TOTAL PUBLIC FUNDS

$5,361,125

$5,361,125

$5,361,125

Principal Supplements

Appropriation (HB1026)

The purpose of the program is to provide supplements to principals, the amount being determined by multiplying the

amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school.

TOTAL STATE FUNDS

$5,361,125

$5,361,125

$5,361,125

WEDNESDAY, FEBRUARY 15, 2006

595

State General Funds

$5,361,125

$5,361,125

$5,361,125

TOTAL PUBLIC FUNDS

$5,361,125

$5,361,125

$5,361,125

148. Quality Basic Education Equalization

Appropriation (HB85)

This program provides money to local school systems after assessing an equity breakdown of the Local Five Mill Share

Program in order to narrow the gap (per pupil) between school systems.

TOTAL STATE FUNDS

$371,657,510 $371,657,510 $371,657,510

State General Funds

$371,657,510 $371,657,510 $371,657,510

TOTAL PUBLIC FUNDS

$371,657,510 $371,657,510 $371,657,510

Changes in Operations / Administration

148.3 Correct an error for Trion City Schools for the 2006 mid term adjustment.

State General Funds

$214,009

Changes in the Size of the Program

148.1 Provide a correction to the Equalization Grant funding to properly reflect millage increases.

Revenue Shortfall Reserve for K-12 Needs

$5,112,596

$5,112,596

$5,112,596

148.2 Provide a mid-term adjustment for Equalization Grant.

Revenue Shortfall Reserve for K-12 Needs

$7,794,041

$7,794,041

$7,794,041

Quality Basic Education Equalization

Appropriation (HB1026)

This program provides money to local school systems after assessing an equity breakdown of the Local Five Mill Share

Program in order to narrow the gap (per pupil) between school systems.

TOTAL STATE FUNDS

$384,564,147 $384,564,147 $384,778,156

Revenue Shortfall Reserve for K-12 Needs

$12,906,637

$12,906,637

$12,906,637

State General Funds

$371,657,510 $371,657,510 $371,871,519

TOTAL PUBLIC FUNDS

$384,564,147 $384,564,147 $384,778,156

149. Quality Basic Education Local Five Mill Share

Appropriation (HB85)

The state will pay 80% of QBE Formula funded costs and local school systems are required to pay 20%. The Local Five

Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest.

TOTAL STATE FUNDS

($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

State General Funds

($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

TOTAL PUBLIC FUNDS

($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

Changes in the Size of the Program

149.1 Adjust funding for Local Five Mill Share for school systems with declining tax digest.

596

JOURNAL OF THE SENATE

Revenue Shortfall Reserve for K-12 Needs

$248,409

$248,409

$248,409

State General Funds

$357,339

$357,339

$357,339

TOTAL PUBLIC FUNDS

$605,748

$605,748

$605,748

Quality Basic Education Local Five Mill Share

Appropriation (HB1026)

The state will pay 80% of QBE Formula funded costs and local school systems are required to pay 20%. The Local Five

Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest.

TOTAL STATE FUNDS

($1,334,870,641) ($1,334,870,641) ($1,334,870,641)

Revenue Shortfall Reserve for K-12 Needs

$248,409

$248,409

$248,409

State General Funds

($1,335,119,050) ($1,335,119,050) ($1,335,119,050)

TOTAL PUBLIC FUNDS

($1,334,870,641) ($1,334,870,641) ($1,334,870,641)

150. Quality Basic Education Program

Appropriation (HB85)

The purpose is to provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-

12 students are academically prepared for further education and the workplace.

TOTAL STATE FUNDS

$6,677,381,942 $6,677,381,942 $6,677,381,942

State General Funds

$6,677,381,942 $6,677,381,942 $6,677,381,942

TOTAL PUBLIC FUNDS

$6,677,381,942 $6,677,381,942 $6,677,381,942

Changes in the Size of the Program

150.1 Provide a mid-term adjustment for enrollment growth of 2.5%.

Revenue Shortfall Reserve for K-12 Needs

$144,984,921 $144,984,921 $144,984,921

150.2 Provide funds to correct an error in the FTE count for the middle school and middle grades programs.

State General Funds

$1,000,000

$1,000,000

Quality Basic Education Program

Appropriation (HB1026)

The purpose is to provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-

12 students are academically prepared for further education and the workplace.

TOTAL STATE FUNDS

$6,822,366,863 $6,823,366,863 $6,823,366,863

Revenue Shortfall Reserve for K-12 Needs

$144,984,921 $144,984,921 $144,984,921

State General Funds

$6,677,381,942 $6,678,381,942 $6,678,381,942

TOTAL PUBLIC FUNDS

$6,822,366,863 $6,823,366,863 $6,823,366,863

151. Regional Education Service Agencies

Appropriation (HB85)

The purpose is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the

effectiveness of educational programs and services to local school systems.

WEDNESDAY, FEBRUARY 15, 2006

597

TOTAL STATE FUNDS

$11,473,253

$11,473,253

$11,473,253

State General Funds

$11,473,253

$11,473,253

$11,473,253

TOTAL PUBLIC FUNDS

$11,473,253

$11,473,253

$11,473,253

Regional Education Service Agencies

Appropriation (HB1026)

The purpose is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the

effectiveness of educational programs and services to local school systems.

TOTAL STATE FUNDS

$11,473,253

$11,473,253

$11,473,253

State General Funds

$11,473,253

$11,473,253

$11,473,253

TOTAL PUBLIC FUNDS

$11,473,253

$11,473,253

$11,473,253

152. School Improvement

Appropriation (HB85)

The purpose is to design and implement a coherent and sustained statewide system of support and process for improvement,

providing local education agencies and schools in Georgia with tools and resources as well as intensive support for schools

not making Adequate Yearly Progress.

TOTAL STATE FUNDS

$11,636,228

$11,636,228

$11,636,228

State General Funds

$11,636,228

$11,636,228

$11,636,228

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures

$100,000

$100,000

$100,000

Donations

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$11,736,228

$11,736,228

$11,736,228

School Improvement

Appropriation (HB1026)

The purpose is to design and implement a coherent and sustained statewide system of support and process for improvement,

providing local education agencies and schools in Georgia with tools and resources as well as intensive support for schools

not making Adequate Yearly Progress.

TOTAL STATE FUNDS

$11,636,228

$11,636,228

$11,636,228

State General Funds

$11,636,228

$11,636,228

$11,636,228

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures

$100,000

$100,000

$100,000

Donations

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$11,736,228

$11,736,228

$11,736,228

598

JOURNAL OF THE SENATE

153. School Nurses

Appropriation (HB85)

The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase

opportunities for academic success.

TOTAL AGENCY FUNDS

$30,000,000

$30,000,000

$30,000,000

Sales and Services

$30,000,000

$30,000,000

$30,000,000

SHBP Participating Hospital Fee for School Nurses

$30,000,000

$30,000,000

$30,000,000

TOTAL PUBLIC FUNDS

$30,000,000

$30,000,000

$30,000,000

School Nurses

Appropriation (HB1026)

The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase

opportunities for academic success.

TOTAL AGENCY FUNDS

$30,000,000

$30,000,000

$30,000,000

Sales and Services

$30,000,000

$30,000,000

$30,000,000

SHBP Participating Hospital Fee for School Nurses

$30,000,000

$30,000,000

$30,000,000

TOTAL PUBLIC FUNDS

$30,000,000

$30,000,000

$30,000,000

154. Severely Emotionally Disturbed

Appropriation (HB85)

The purpose is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS

$64,684,683

$64,684,683

$64,684,683

State General Funds

$64,684,683

$64,684,683

$64,684,683

TOTAL FEDERAL FUNDS

$7,724,112

$7,724,112

$7,724,112

Special Education Grants to States CFDA 84.027

$7,724,112

$7,724,112

$7,724,112

TOTAL PUBLIC FUNDS

$72,408,795

$72,408,795

$72,408,795

Severely Emotionally Disturbed

Appropriation (HB1026)

The purpose is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS

$64,684,683

$64,684,683

$64,684,683

State General Funds

$64,684,683

$64,684,683

$64,684,683

TOTAL FEDERAL FUNDS

$7,724,112

$7,724,112

$7,724,112

Special Education Grants to States CFDA 84.027

$7,724,112

$7,724,112

$7,724,112

TOTAL PUBLIC FUNDS

$72,408,795

$72,408,795

$72,408,795

155. State Interagency Transfers

Appropriation (HB85)

The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a

contract.

WEDNESDAY, FEBRUARY 15, 2006

599

TOTAL STATE FUNDS

$251,591,693 $251,591,693 $251,591,693

State General Funds

$251,591,693 $251,591,693 $251,591,693

TOTAL FEDERAL FUNDS

$18,888,697

$18,888,697

$18,888,697

Vocational Education Basic Grants CFDA84.048

$18,888,697

$18,888,697

$18,888,697

TOTAL PUBLIC FUNDS

$270,480,390 $270,480,390 $270,480,390

State Interagency Transfers

Appropriation (HB1026)

The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a

contract.

TOTAL STATE FUNDS

$251,591,693 $251,591,693 $251,591,693

State General Funds

$251,591,693 $251,591,693 $251,591,693

TOTAL FEDERAL FUNDS

$18,888,697

$18,888,697

$18,888,697

Vocational Education Basic Grants CFDA84.048

$18,888,697

$18,888,697

$18,888,697

TOTAL PUBLIC FUNDS

$270,480,390 $270,480,390 $270,480,390

156. State Reading and Math

Appropriation (HB85)

The purpose of this program is to improve academic proficiency in reading and math by funding research-based programs

in grades K-3 and after-school programs in grades 4-8.

TOTAL STATE FUNDS

$26,652,770

$26,652,770

$26,652,770

State General Funds

$26,652,770

$26,652,770

$26,652,770

TOTAL PUBLIC FUNDS

$26,652,770

$26,652,770

$26,652,770

State Reading and Math

Appropriation (HB1026)

The purpose of this program is to improve academic proficiency in reading and math by funding research-based programs

in grades K-3 and after-school programs in grades 4-8.

TOTAL STATE FUNDS

$26,652,770

$26,652,770

$26,652,770

State General Funds

$26,652,770

$26,652,770

$26,652,770

TOTAL PUBLIC FUNDS

$26,652,770

$26,652,770

$26,652,770

157. State Schools

Appropriation (HB85)

The purpose of the State Schools is to prepare sensory-impaired and multi-disabled students to become productive citizens

by providing a learning environment addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$18,875,323

$18,875,323

$18,875,323

State General Funds

$18,875,323

$18,875,323

$18,875,323

TOTAL FEDERAL FUNDS

$431,714

$431,714

$431,714

600

JOURNAL OF THE SENATE

Reading First State Grant CFDA 84.357

$12,000

$12,000

$12,000

Special Education Grants to States CFDA 84.027

$406,865

$406,865

$406,865

Special Education Preschool Grants CFDA 84.173

$12,849

$12,849

$12,849

TOTAL AGENCY FUNDS

$501,001

$501,001

$501,001

Sales and Services

$501,001

$501,001

$501,001

Sales and Services Not Itemized

$501,001

$501,001

$501,001

TOTAL PUBLIC FUNDS

$19,808,038

$19,808,038

$19,808,038

One-Time Expense

157.1 Provide a covered walkway for the Georgia Academy for the Blind.

State General Funds

$180,000

$180,000

$180,000

State Schools

Appropriation (HB1026)

The purpose of the State Schools is to prepare sensory-impaired and multi-disabled students to become productive citizens

by providing a learning environment addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$19,055,323

$19,055,323

$19,055,323

State General Funds

$19,055,323

$19,055,323

$19,055,323

TOTAL FEDERAL FUNDS

$431,714

$431,714

$431,714

Reading First State Grant CFDA 84.357

$12,000

$12,000

$12,000

Special Education Grants to States CFDA 84.027

$406,865

$406,865

$406,865

Special Education Preschool Grants CFDA 84.173

$12,849

$12,849

$12,849

TOTAL AGENCY FUNDS

$501,001

$501,001

$501,001

Sales and Services

$501,001

$501,001

$501,001

Sales and Services Not Itemized

$501,001

$501,001

$501,001

TOTAL PUBLIC FUNDS

$19,988,038

$19,988,038

$19,988,038

158. Technology/Career Education

Appropriation (HB85)

The purpose is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS

$15,256,641

$15,256,641

$15,256,641

State General Funds

$15,256,641

$15,256,641

$15,256,641

TOTAL FEDERAL FUNDS

$20,606,546

$20,606,546

$20,606,546

Tech-Prep Education CFDA84.243

$3,152,930

$3,152,930

$3,152,930

Vocational Education Basic Grants CFDA84.048

$17,453,616

$17,453,616

$17,453,616

TOTAL PUBLIC FUNDS

$35,863,187

$35,863,187

$35,863,187

WEDNESDAY, FEBRUARY 15, 2006

601

Technology/Career Education

Appropriation (HB1026)

The purpose is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS

$15,256,641

$15,256,641

$15,256,641

State General Funds

$15,256,641

$15,256,641

$15,256,641

TOTAL FEDERAL FUNDS

$20,606,546

$20,606,546

$20,606,546

Tech-Prep Education CFDA84.243

$3,152,930

$3,152,930

$3,152,930

Vocational Education Basic Grants CFDA84.048

$17,453,616

$17,453,616

$17,453,616

TOTAL PUBLIC FUNDS

$35,863,187

$35,863,187

$35,863,187

159. Testing

Appropriation (HB85)

The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to

implement the program.

TOTAL STATE FUNDS

$17,709,829

$17,709,829

$17,709,829

State General Funds

$17,709,829

$17,709,829

$17,709,829

TOTAL FEDERAL FUNDS

$9,704,191

$9,704,191

$9,704,191

Grants for State Assessments & Related Activities CFDA84.369

$9,704,191

$9,704,191

$9,704,191

TOTAL PUBLIC FUNDS

$27,414,020

$27,414,020

$27,414,020

One-Time Expense

159.1 Provide funds to develop a modified assessment for students with persistent academic disabilities.

State General Funds

$1,000,000

$1,000,000

$1,000,000

Testing

Appropriation (HB1026)

The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to

implement the program.

TOTAL STATE FUNDS

$18,709,829

$18,709,829

$18,709,829

State General Funds

$18,709,829

$18,709,829

$18,709,829

TOTAL FEDERAL FUNDS

$9,704,191

$9,704,191

$9,704,191

Grants for State Assessments & Related Activities CFDA84.369

$9,704,191

$9,704,191

$9,704,191

TOTAL PUBLIC FUNDS

$28,414,020

$28,414,020

$28,414,020

160. Transportation

Appropriation (HB85)

The purpose is to assist local school systems in their efforts to provide safe and efficient transportation for students to and

from school and school related activities. Assistance is provided in the areas of driver training, funding, equipment

specifications and purchases.

602

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$158,353,875 $158,353,875 $158,353,875

State General Funds

$158,353,875 $158,353,875 $158,353,875

TOTAL PUBLIC FUNDS

$158,353,875 $158,353,875 $158,353,875

Changes in the Size of the Program

160.1 Add funds for increased fuel costs.

State General Funds

$5,000,000

$5,000,000

$5,000,000

Transportation

Appropriation (HB1026)

The purpose is to assist local school systems in their efforts to provide safe and efficient transportation for students to and

from school and school related activities. Assistance is provided in the areas of driver training, funding, equipment

specifications and purchases.

TOTAL STATE FUNDS

$163,353,875 $163,353,875 $163,353,875

State General Funds

$163,353,875 $163,353,875 $163,353,875

TOTAL PUBLIC FUNDS

$163,353,875 $163,353,875 $163,353,875

161. Tuition for Multi-Handicapped

Appropriation (HB85)

The purpose of this program is to provide funds to assist school systems that have multi-handicapped students. These funds

are intended to assist systems in meeting the high cost of private residential placements and to provide a continuum of

placements for such students as mandated by federal regulations.

TOTAL STATE FUNDS

$1,658,859

$1,658,859

$1,658,859

State General Funds

$1,658,859

$1,658,859

$1,658,859

TOTAL PUBLIC FUNDS

$1,658,859

$1,658,859

$1,658,859

Tuition for Multi-Handicapped

Appropriation (HB1026)

The purpose of this program is to provide funds to assist school systems that have multi-handicapped students. These funds

are intended to assist systems in meeting the high cost of private residential placements and to provide a continuum of

placements for such students as mandated by federal regulations.

TOTAL STATE FUNDS

$1,658,859

$1,658,859

$1,658,859

State General Funds

$1,658,859

$1,658,859

$1,658,859

TOTAL PUBLIC FUNDS

$1,658,859

$1,658,859

$1,658,859

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,425.97. In addition, all local

school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

WEDNESDAY, FEBRUARY 15, 2006

603

Section 24: Employees' Retirement System of Georgia

Section Total (HB85)

TOTAL STATE FUNDS

$5,112,647

$5,112,647

$5,112,647

State General Funds

$5,112,647

$5,112,647

$5,112,647

TOTAL AGENCY FUNDS

$6,256,626

$6,256,626

$6,256,626

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

Sales and Services

$3,128,121

$3,128,121

$3,128,121

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,856,982

$16,856,982

$16,856,982

TOTAL PUBLIC FUNDS

$28,226,255

$28,226,255

$28,226,255

Final Section Totals

TOTAL STATE FUNDS

$5,112,647

$5,112,647

$5,112,647

State General Funds

$5,112,647

$5,112,647

$5,112,647

TOTAL AGENCY FUNDS

$6,257,025

$6,257,025

$6,257,025

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

Sales and Services

$3,128,520

$3,128,520

$3,128,520

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,859,726

$16,859,726

$16,859,726

TOTAL PUBLIC FUNDS

$28,229,398

$28,229,398

$28,229,398

162. Deferred Compensation

Appropriation (HB85)

The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the

State, giving them an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS

$3,128,121

$3,128,121

$3,128,121

Sales and Services

$3,128,121

$3,128,121

$3,128,121

Collection/Administrative Fees

$3,128,121

$3,128,121

$3,128,121

TOTAL PUBLIC FUNDS

$3,128,121

$3,128,121

$3,128,121

Statewide Changes

162.1 WC, GTA, and GBA

Collection/Administrative Fees

$399

$399

$399

Deferred Compensation

Appropriation (HB1026)

The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the

State, giving them an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS

$3,128,520

$3,128,520

$3,128,520

Sales and Services

$3,128,520

$3,128,520

$3,128,520

604

JOURNAL OF THE SENATE

Collection/Administrative Fees

$3,128,520

$3,128,520

$3,128,520

TOTAL PUBLIC FUNDS

$3,128,520

$3,128,520

$3,128,520

163. Georgia Military Pension Fund

Appropriation (HB85)

The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$890,651

$890,651

$890,651

State General Funds

$890,651

$890,651

$890,651

TOTAL PUBLIC FUNDS

$890,651

$890,651

$890,651

Georgia Military Pension Fund

Appropriation (HB1026)

The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$890,651

$890,651

$890,651

State General Funds

$890,651

$890,651

$890,651

TOTAL PUBLIC FUNDS

$890,651

$890,651

$890,651

164. System Administration

Appropriation (HB85)

The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement

benefits to members and beneficiaries. It is the intent of the General Assembly that the employer contribution rate for the

Employees' Retirement System shall not exceed 10.41% for New Plan Employees and 5.66% for Old Plan Employees for

State Fiscal Year 2006.

TOTAL AGENCY FUNDS

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income Not Itemized

$3,128,505

$3,128,505

$3,128,505

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,856,982

$16,856,982

$16,856,982

Retirement Payments

$16,856,982

$16,856,982

$16,856,982

TOTAL PUBLIC FUNDS

$19,985,487

$19,985,487

$19,985,487

Statewide Changes

164.1 WC, GTA, and GBA

Retirement Payments

$2,744

$2,744

$2,744

System Administration

Appropriation (HB1026)

The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement

benefits to members and beneficiaries. It is the intent of the General Assembly that the employer contribution rate for the

Employees' Retirement System shall not exceed 10.41% for New Plan Employees and 5.66% for Old Plan Employees for

State Fiscal Year 2006.

WEDNESDAY, FEBRUARY 15, 2006

605

TOTAL AGENCY FUNDS

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income Not Itemized

$3,128,505

$3,128,505

$3,128,505

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,859,726

$16,859,726

$16,859,726

Retirement Payments

$16,859,726

$16,859,726

$16,859,726

TOTAL PUBLIC FUNDS

$19,988,231

$19,988,231

$19,988,231

165. Public School Employees Retirement System

Appropriation (HB85)

The purpose is to account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely

and accurate payment of retirement benefits. It is the intent of the General Assembly that the employer contribution for

Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006.

TOTAL STATE FUNDS

$4,221,996

$4,221,996

$4,221,996

State General Funds

$4,221,996

$4,221,996

$4,221,996

TOTAL PUBLIC FUNDS

$4,221,996

$4,221,996

$4,221,996

Public School Employees Retirement System

Appropriation (HB1026)

The purpose is to account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely

and accurate payment of retirement benefits. It is the intent of the General Assembly that the employer contribution for

Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006.

TOTAL STATE FUNDS

$4,221,996

$4,221,996

$4,221,996

State General Funds

$4,221,996

$4,221,996

$4,221,996

TOTAL PUBLIC FUNDS

$4,221,996

$4,221,996

$4,221,996

Section 25: Forestry Commission, State

Section Total (HB85)

TOTAL STATE FUNDS

$31,932,273

$31,932,273

$31,932,273

State General Funds

$31,932,273

$31,932,273

$31,932,273

TOTAL FEDERAL FUNDS

$822,000

$822,000

$822,000

Cooperative Forestry Assistance CFDA10.664

$612,000

$612,000

$612,000

Nine Mile Fire Grant CFDA10.644

$200,000

$200,000

$200,000

Resource Conservation & Development CFDA10.901

$10,000

$10,000

$10,000

TOTAL AGENCY FUNDS

$5,448,129

$5,448,129

$5,448,129

Royalties and Rents

$138,000

$138,000

$138,000

Sales and Services

$5,310,129

$5,310,129

$5,310,129

TOTAL PUBLIC FUNDS

$38,202,402

$38,202,402

$38,202,402

606

JOURNAL OF THE SENATE

Final Section Totals

TOTAL STATE FUNDS

$34,140,479

$34,140,479

$34,140,479

State General Funds

$34,140,479

$34,140,479

$34,140,479

TOTAL FEDERAL FUNDS

$822,000

$822,000

$822,000

Cooperative Forestry Assistance CFDA10.664

$612,000

$612,000

$612,000

Nine Mile Fire Grant CFDA10.644

$200,000

$200,000

$200,000

Resource Conservation & Development CFDA10.901

$10,000

$10,000

$10,000

TOTAL AGENCY FUNDS

$5,448,129

$5,448,129

$5,448,129

Intergovernmental Transfers

$43,526

$43,526

$43,526

Royalties and Rents

$138,000

$138,000

$138,000

Sales and Services

$5,266,603

$5,266,603

$5,266,603

TOTAL PUBLIC FUNDS

$40,410,608

$40,410,608

$40,410,608

166. Commission Administration

Appropriation (HB85)

The purpose is to administer work force needs, handle purchasing, accounts receivable and payable, meet information

technology needs, and provide oversight that emphasizes customer values and process innovation.

TOTAL STATE FUNDS

$3,798,610

$3,798,610

$3,798,610

State General Funds

$3,798,610

$3,798,610

$3,798,610

TOTAL AGENCY FUNDS

$173,027

$173,027

$173,027

Sales and Services

$173,027

$173,027

$173,027

Sales and Services Not Itemized

$173,027

$173,027

$173,027

TOTAL PUBLIC FUNDS

$3,971,637

$3,971,637

$3,971,637

Statewide Changes

166.1 WC, GTA, and GBA

State General Funds

$5,791

$5,791

$5,791

Changes in the Size of the Program

166.2 Realign funds to properly reflect expenditures by transferring funds from Forest Management, Forest Protection, Tree

Seedling Nursery, and Tree Improvement programs.

State General Funds

$344,098

$344,098

$344,098

Commission Administration

Appropriation (HB1026)

The purpose is to administer work force needs, handle purchasing, accounts receivable and payable, meet information

technology needs, and provide oversight that emphasizes customer values and process innovation.

WEDNESDAY, FEBRUARY 15, 2006

607

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,148,499 $4,148,499
$173,027 $173,027 $173,027 $4,321,526

$4,148,499 $4,148,499
$173,027 $173,027 $173,027 $4,321,526

$4,148,499 $4,148,499
$173,027 $173,027 $173,027 $4,321,526

167. Forest Management

Appropriation (HB85)

The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory

data.

TOTAL STATE FUNDS

$2,624,712

$2,624,712

$2,624,712

State General Funds

$2,624,712

$2,624,712

$2,624,712

TOTAL FEDERAL FUNDS

$552,000

$552,000

$552,000

Cooperative Forestry Assistance CFDA10.664

$542,000

$542,000

$542,000

Resource Conservation & Development CFDA10.901

$10,000

$10,000

$10,000

TOTAL AGENCY FUNDS

$627,500

$627,500

$627,500

Royalties and Rents

$125,000

$125,000

$125,000

Royalties and Rents Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$502,500

$502,500

$502,500

Sales and Services Not Itemized

$2,500

$2,500

$2,500

Timber Sales

$500,000

$500,000

$500,000

TOTAL PUBLIC FUNDS

$3,804,212

$3,804,212

$3,804,212

Statewide Changes

167.1 WC, GTA, and GBA

State General Funds

$4,470

$4,470

$4,470

Changes in the Size of the Program

167.2 Realign funds to properly reflect expenditures by transferring funds to the Administration program.

State General Funds

($244,987)

($244,987)

($244,987)

Timber Sales

($3,462)

($3,462)

($3,462)

TOTAL PUBLIC FUNDS

($248,449)

($248,449)

($248,449)

608

JOURNAL OF THE SENATE

Forest Management

Appropriation (HB1026)

The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory

data.

TOTAL STATE FUNDS

$2,384,195

$2,384,195

$2,384,195

State General Funds

$2,384,195

$2,384,195

$2,384,195

TOTAL FEDERAL FUNDS

$552,000

$552,000

$552,000

Cooperative Forestry Assistance CFDA10.664

$542,000

$542,000

$542,000

Resource Conservation & Development CFDA10.901

$10,000

$10,000

$10,000

TOTAL AGENCY FUNDS

$624,038

$624,038

$624,038

Royalties and Rents

$125,000

$125,000

$125,000

Royalties and Rents Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$499,038

$499,038

$499,038

Sales and Services Not Itemized

$2,500

$2,500

$2,500

Timber Sales

$496,538

$496,538

$496,538

TOTAL PUBLIC FUNDS

$3,560,233

$3,560,233

$3,560,233

168. Forest Protection

Appropriation (HB85)

The purpose is to protect the public and forest resources.

TOTAL STATE FUNDS

$25,575,110

$25,575,110

$25,575,110

State General Funds

$25,575,110

$25,575,110

$25,575,110

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

Nine Mile Fire Grant CFDA10.644

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$2,676,611

$2,676,611

$2,676,611

Royalties and Rents

$13,000

$13,000

$13,000

Royalties and Rents Not Itemized

$13,000

$13,000

$13,000

Sales and Services

$2,663,611

$2,663,611

$2,663,611

Forest Protection Fees

$2,127,444

$2,127,444

$2,127,444

Sales and Services Not Itemized

$536,167

$536,167

$536,167

TOTAL PUBLIC FUNDS

$28,451,721

$28,451,721

$28,451,721

Statewide Changes

168.1 WC, GTA, and GBA

State General Funds

$48,356

$48,356

$48,356

WEDNESDAY, FEBRUARY 15, 2006

609

Changes in Operations / Administration

168.2 Realign funds to properly reflect expenditures by transferring to the Administration program.

State General Funds

($98,647)

($98,647)

($98,647)

Authority/local government payments to state agencies

$43,526

$43,526

$43,526

TOTAL PUBLIC FUNDS

($55,121)

($55,121)

($55,121)

168.4 Provide funding for ongoing and deferred maintenance on firefighting equipment to prepare for a moderate fire

season.

State General Funds

$876,222

$876,222

$876,222

One-Time Expense

168.3 Replace eighteen vehicles used in firefighting in excess of 135,000 miles.

State General Funds

$642,000

$642,000

$642,000

168.5 Fund commission-wide upgrades to communications equipment used in fighting fires.

State General Funds

$500,000

$500,000

$500,000

Changes in the Size of the Program

168.6 Fill fifteen vacant firefighter positions to ensure the commission can adequately respond to a moderate fire season.

State General Funds

$131,250

$131,250

$131,250

Forest Protection

Appropriation (HB1026)

The purpose is to protect the public and forest resources.

TOTAL STATE FUNDS

$27,674,291

$27,674,291

$27,674,291

State General Funds

$27,674,291

$27,674,291

$27,674,291

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

Nine Mile Fire Grant CFDA10.644

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$2,720,137

$2,720,137

$2,720,137

Intergovernmental Transfers

$43,526

$43,526

$43,526

Authority/local government payments to state agencies

$43,526

$43,526

$43,526

Royalties and Rents

$13,000

$13,000

$13,000

Royalties and Rents Not Itemized

$13,000

$13,000

$13,000

Sales and Services

$2,663,611

$2,663,611

$2,663,611

Forest Protection Fees

$2,127,444

$2,127,444

$2,127,444

Sales and Services Not Itemized

$536,167

$536,167

$536,167

TOTAL PUBLIC FUNDS

$30,594,428

$30,594,428

$30,594,428

610

JOURNAL OF THE SENATE

169. Tree Improvement

Appropriation (HB85)

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

$119,123

$119,123

$119,123

State General Funds

$119,123

$119,123

$119,123

TOTAL PUBLIC FUNDS

$119,123

$119,123

$119,123

Changes in Operations / Administration

169.1 Realign funds to properly reflect expenditures by transferring funds to the Administration program.

State General Funds

($464)

($464)

($464)

Tree Improvement

Appropriation (HB1026)

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

$118,659

$118,659

$118,659

State General Funds

$118,659

$118,659

$118,659

TOTAL PUBLIC FUNDS

$118,659

$118,659

$118,659

170. Tree Seedling Nursery

Appropriation (HB85)

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

($185,282)

($185,282)

($185,282)

State General Funds

($185,282)

($185,282)

($185,282)

TOTAL FEDERAL FUNDS

$70,000

$70,000

$70,000

Cooperative Forestry Assistance CFDA10.664

$70,000

$70,000

$70,000

TOTAL AGENCY FUNDS

$1,970,991

$1,970,991

$1,970,991

Sales and Services

$1,970,991

$1,970,991

$1,970,991

Seedling Sales

$1,970,991

$1,970,991

$1,970,991

TOTAL PUBLIC FUNDS

$1,855,709

$1,855,709

$1,855,709

Statewide Changes

170.1 WC, GTA, and GBA

State General Funds

$117

$117

$117

Changes in Operations / Administration

WEDNESDAY, FEBRUARY 15, 2006

611

170.2 Realign funds to properly reflect expenditures by transferring funds to the Administration program.

Seedling Sales

($40,064)

($40,064)

($40,064)

Tree Seedling Nursery

Appropriation (HB1026)

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

($185,165)

($185,165)

($185,165)

State General Funds

($185,165)

($185,165)

($185,165)

TOTAL FEDERAL FUNDS

$70,000

$70,000

$70,000

Cooperative Forestry Assistance CFDA10.664

$70,000

$70,000

$70,000

TOTAL AGENCY FUNDS

$1,930,927

$1,930,927

$1,930,927

Sales and Services

$1,930,927

$1,930,927

$1,930,927

Seedling Sales

$1,930,927

$1,930,927

$1,930,927

TOTAL PUBLIC FUNDS

$1,815,762

$1,815,762

$1,815,762

Section 26: Governor, Office of the

Section Total (HB85)

TOTAL STATE FUNDS

$39,517,470

$39,517,470

$39,517,470

State General Funds

$39,517,470

$39,517,470

$39,517,470

TOTAL FEDERAL FUNDS

$5,603,227

$5,603,227

$5,603,227

CDC-Investigations & Technical Assistance CFDA93.283

$50,000

$50,000

$50,000

Emergency Management Performance Grants CFDA97.042

$3,885,614

$3,885,614

$3,885,614

Employment Discrimination CFDA30.001

$72,000

$72,000

$72,000

Fair Housing Assistance Program CFDA14.401

$315,217

$315,217

$315,217

Grants for State Assessments & Related Activities CFDA84.369

$266,000

$266,000

$266,000

Hazardous Materials Public Sector Training & Planning

$121,237

$121,237

$121,237

CFDA20.703

Promotion of the Arts CFDA 45.025

$710,524

$710,524

$710,524

Public Assistance Grants CFDA 97.036

$70,621

$70,621

$70,621

Troops to Teachers CFDA84.815

$111,930

$111,930

$111,930

Urban Areas Security Initiative CFDA97.008

$84

$84

$84

TOTAL AGENCY FUNDS

$624,875

$624,875

$624,875

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

Sales and Services

$609,875

$609,875

$609,875

612

JOURNAL OF THE SENATE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS CDC-Investigations & Technical Assistance CFDA93.283 Children's Justice Grants to States CFDA 93.643 Crime Victim Assistance CFDA16.575 Emergency Management Performance Grants CFDA97.042 Employment Discrimination CFDA30.001 Fair Housing Assistance Program CFDA14.401 Grants for State Assessments & Related Activities CFDA84.369 Improving Teacher Quality State Grant CFDA84.367 Hazardous Materials Public Sector Training & Planning
CFDA20.703 Promotion of the Arts CFDA 45.025 Public Assistance Grants CFDA 97.036 Spouse to Teachers CFDA12.999 State Planning Grants CFDA93.256 Transition to Teaching CFDA84.350 Troops to Teachers CFDA84.815 Urban Areas Security Initiative CFDA97.008
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$265,670

$265,670

$46,011,242

$46,011,242

Final Section Totals

$40,137,430

$39,493,430

$40,137,430

$39,493,430

$5,603,227 $50,000

$5,603,227 $50,000

$3,885,614 $72,000
$315,217 $266,000
$121,237
$710,524 $70,621

$3,885,614 $72,000 $315,217 $266,000
$121,237
$710,524 $70,621

$111,930 $84
$624,875 $15,000

$111,930 $84
$624,875 $15,000

$609,875 $265,670

$609,875 $265,670

$265,670 $46,011,242
$39,882,430 $39,787,430
$95,000 $26,042,786
$50,000 $73,948 $60,234 $3,885,614 $72,000 $405,717 $266,000 $1,622,818 $121,237
$714,630 $17,036,918
$25,832 $186,478 $1,106,477 $414,799
$84 $2,505,080
$37,080 $131,001 $1,575,000 $615,056 $146,943 $392,506

WEDNESDAY, FEBRUARY 15, 2006

613

TOTAL PUBLIC FUNDS

$46,631,202

$45,987,202

$68,822,802

171. Governor's Emergency Fund

Appropriation (HB85)

The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS

$3,469,576

$3,469,576

$3,469,576

State General Funds

$3,469,576

$3,469,576

$3,469,576

TOTAL PUBLIC FUNDS

$3,469,576

$3,469,576

$3,469,576

Changes in the Size of the Program

171.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds to the

Georgia Emergency Management Agency Public Assistance program.

State General Funds

($625,000)

Governor's Emergency Fund

Appropriation (HB1026)

The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS

$3,469,576

$3,469,576

$2,844,576

State General Funds

$3,469,576

$3,469,576

$2,844,576

TOTAL PUBLIC FUNDS

$3,469,576

$3,469,576

$2,844,576

172. Governor's Office

Appropriation (HB85)

The purpose is to provide numerous duties including, but not limited to: granting commissions, appointments and

vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion

allowance shall be $40,000.

TOTAL STATE FUNDS

$5,056,367

$5,056,367

$5,056,367

State General Funds

$5,056,367

$5,056,367

$5,056,367

TOTAL PUBLIC FUNDS

$5,056,367

$5,056,367

$5,056,367

Statewide Changes

172.1 WC, GTA, and GBA

State General Funds

$3,017

$3,017

$3,017

Changes in the Size of the Program

172.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for the State of

Georgia office in Washington, D.C. and Governor's Internship Program.

Agency to Agency Contracts

$126,836

Governor's Office

Appropriation (HB1026)

614

JOURNAL OF THE SENATE

The purpose is to provide numerous duties including, but not limited to: granting commissions, appointments and

vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion

allowance shall be $40,000.

TOTAL STATE FUNDS

$5,059,384

$5,059,384

$5,059,384

State General Funds

$5,059,384

$5,059,384

$5,059,384

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$126,836

Agency to Agency Contracts

$126,836

TOTAL PUBLIC FUNDS

$5,059,384

$5,059,384

$5,186,220

173. Planning and Budget - Attached Agency Administration

Appropriation (HB85)

The purpose is to provide administration services to various agencies.

TOTAL STATE FUNDS

$4,961,364

$4,961,364

$4,961,364

State General Funds

$4,961,364

$4,961,364

$4,961,364

TOTAL PUBLIC FUNDS

$4,961,364

$4,961,364

$4,961,364

Changes in the Size of the Program

173.1 Transfer funds to the Office Administration program and the Research and Management program to design and

implement enterprise budget system.

State General Funds

($754,845)

($754,845)

($754,845)

173.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds to the

Office Administration program.

State General Funds

($300,000)

173.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds from the OneGeorgia

Authority.

Tobacco Settlement Funds

$95,000

Planning and Budget - Attached Agency Administration

Appropriation (HB1026)

The purpose is to provide administration services to various agencies.

TOTAL STATE FUNDS

$4,206,519

$4,206,519

$4,001,519

State General Funds

$4,206,519

$4,206,519

$3,906,519

Tobacco Settlement Funds

$95,000

TOTAL PUBLIC FUNDS

$4,206,519

$4,206,519

$4,001,519

174. Planning and Budget - Budget Management and Fiscal

Appropriation (HB85)

Policy

WEDNESDAY, FEBRUARY 15, 2006

615

The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor.

TOTAL STATE FUNDS

$2,331,824

$2,331,824

$2,331,824

State General Funds

$2,331,824

$2,331,824

$2,331,824

TOTAL PUBLIC FUNDS

$2,331,824

$2,331,824

$2,331,824

Changes in the Size of the Program

174.1 Transfer funds to the Research and Management program to design and implement enterprise budget system.

State General Funds

($164,398)

($164,398)

($164,398)

174.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to be used for

contractual work with Georgia State University.

State Planning Grants CFDA93.256

$186,478

Planning and Budget - Budget Management and Fiscal Policy

Appropriation (HB1026)

The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor.

TOTAL STATE FUNDS

$2,167,426

$2,167,426

$2,167,426

State General Funds

$2,167,426

$2,167,426

$2,167,426

TOTAL FEDERAL FUNDS

$186,478

State Planning Grants CFDA93.256

$186,478

TOTAL PUBLIC FUNDS

$2,167,426

$2,167,426

$2,353,904

175. Planning and Budget - Office Administration

Appropriation (HB85)

The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state

agencies.

TOTAL STATE FUNDS

$1,521,238

$1,521,238

$1,521,238

State General Funds

$1,521,238

$1,521,238

$1,521,238

TOTAL PUBLIC FUNDS

$1,521,238

$1,521,238

$1,521,238

Statewide Changes

175.1 WC, GTA, and GBA

State General Funds

$4,308

$4,308

$4,308

Changes in the Size of the Program

175.2 Transfer funds from the Attached Agency Administration program to design and implement enterprise budget system

(S: Recognize in kind Payments from Georgia Technology Authority originally in HB85 as Remittance to State Treasury).

State General Funds

$340,939

$340,939

$340,939

Authority/local government payments to state agencies

$1,575,000

616

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$1,915,939

175.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds from the

Attached Agency Administration program.

State General Funds

$300,000

Planning and Budget - Office Administration

Appropriation (HB1026)

The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state

agencies.

TOTAL STATE FUNDS

$1,866,485

$1,866,485

$2,166,485

State General Funds

$1,866,485

$1,866,485

$2,166,485

TOTAL AGENCY FUNDS

$1,575,000

Intergovernmental Transfers

$1,575,000

Authority/local government payments to state agencies

$1,575,000

TOTAL PUBLIC FUNDS

$1,866,485

$1,866,485

$3,741,485

176. Planning and Budget - Planning and Evaluation

Appropriation (HB85)

The purpose is to provide capital budget planning and review and to provide strategic and business planning services to the

Office of the Governor.

TOTAL STATE FUNDS

$899,456

$899,456

$899,456

State General Funds

$899,456

$899,456

$899,456

TOTAL PUBLIC FUNDS

$899,456

$899,456

$899,456

Changes in the Size of the Program

176.1 Transfer funds to the Research and Management program to design and implement enterprise budget system.

State General Funds

($200,924)

($200,924)

($200,924)

Planning and Budget - Planning and Evaluation

Appropriation (HB1026)

The purpose is to provide capital budget planning and review and to provide strategic and business planning services to the

Office of the Governor.

TOTAL STATE FUNDS

$698,532

$698,532

$698,532

State General Funds

$698,532

$698,532

$698,532

TOTAL PUBLIC FUNDS

$698,532

$698,532

$698,532

177. Planning and Budget - Research and Management

Appropriation (HB85)

The purpose is to provide policy and program research for the Office of the Governor and to manage state Clearinghouse

function and provide the Office of Planning and Budget database and technical support.

WEDNESDAY, FEBRUARY 15, 2006

617

TOTAL STATE FUNDS

$1,588,475

$1,588,475

$1,588,475

State General Funds

$1,588,475

$1,588,475

$1,588,475

TOTAL PUBLIC FUNDS

$1,588,475

$1,588,475

$1,588,475

Changes in the Size of the Program

177.1 Transfer funds from the Attached Agency Administration program to design and implement enterprise budget system.

State General Funds

$779,228

$779,228

$779,228

Planning and Budget - Research and Management

Appropriation (HB1026)

The purpose is to provide policy and program research for the Office of the Governor and to manage state Clearinghouse

function and provide the Office of Planning and Budget database and technical support.

TOTAL STATE FUNDS

$2,367,703

$2,367,703

$2,367,703

State General Funds

$2,367,703

$2,367,703

$2,367,703

TOTAL PUBLIC FUNDS

$2,367,703

$2,367,703

$2,367,703

178. Arts, Georgia Council for the

Appropriation (HB85)

The purpose is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS

$3,900,546

$3,900,546

$3,900,546

State General Funds

$3,900,546

$3,900,546

$3,900,546

TOTAL FEDERAL FUNDS

$710,524

$710,524

$710,524

Promotion of the Arts CFDA 45.025

$710,524

$710,524

$710,524

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

Donations

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$4,626,070

$4,626,070

$4,626,070

Statewide Changes

178.1 WC, GTA, and GBA

State General Funds

$138

$138

$138

Changes in the Size of the Program

178.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to increase

access to the arts.

Promotion of the Arts CFDA 45.025

$4,106

Arts, Georgia Council for the

Appropriation (HB1026)

The purpose is to provide general operation support and project support grants for art organizations.

618

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$3,900,684

$3,900,684

$3,900,684

State General Funds

$3,900,684

$3,900,684

$3,900,684

TOTAL FEDERAL FUNDS

$710,524

$710,524

$714,630

Promotion of the Arts CFDA 45.025

$710,524

$710,524

$714,630

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

Donations

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$4,626,208

$4,626,208

$4,630,314

179. Child Advocate, Office of the

Appropriation (HB85)

The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and

well-being of children.

TOTAL STATE FUNDS

$716,356

$716,356

$716,356

State General Funds

$716,356

$716,356

$716,356

TOTAL PUBLIC FUNDS

$716,356

$716,356

$716,356

Statewide Changes

179.1 WC, GTA, and GBA

State General Funds

$486

$486

$486

One-Time Expense

179.2 Provide software for an electronic document management system providing efficient storage, management and

retrieval of all agency documents.

State General Funds

$25,132

$25,132

$25,132

Changes in the Size of the Program

179.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to aid advocacy

and educational programs.

Children's Justice Grants to States CFDA 93.643

$73,948

Crime Victim Assistance CFDA16.575

$60,234

TOTAL PUBLIC FUNDS

$134,182

Child Advocate, Office of the

Appropriation (HB1026)

The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and

well-being of children.

TOTAL STATE FUNDS

$741,974

$741,974

$741,974

WEDNESDAY, FEBRUARY 15, 2006

619

State General Funds TOTAL FEDERAL FUNDS
Children's Justice Grants to States CFDA 93.643 Crime Victim Assistance CFDA16.575 TOTAL PUBLIC FUNDS

$741,974 $741,974

$741,974 $741,974

$741,974 $134,182 $73,948 $60,234 $876,156

180. Consumer Affairs, Governor's Office of

Appropriation (HB85)

The Office of Consumer Affairs protects consumers and legitimate business enterprises from unfair and deceptive business

practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS

$3,287,352

$3,287,352

$3,287,352

State General Funds

$3,287,352

$3,287,352

$3,287,352

TOTAL AGENCY FUNDS

$417,019

$417,019

$417,019

Sales and Services

$417,019

$417,019

$417,019

Regulatory Fees

$417,019

$417,019

$417,019

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,670

$150,670

$150,670

Agency to Agency Contracts

$150,670

$150,670

$150,670

TOTAL PUBLIC FUNDS

$3,855,041

$3,855,041

$3,855,041

Statewide Changes

180.1 WC, GTA, and GBA

State General Funds

$2,354

$2,354

$2,354

Changes in the Size of the Program

180.2 Provide for cool room storage for servers.

State General Funds

$16,000

$16,000

$16,000

180.3 Provide funding to establish and implement a customer service initiative. (H: fund one position).

State General Funds

$700,000

$56,000

$350,000

180.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to aid in the

enforcement of civil law.

Sales and Services Not Itemized

$5,000

Sanctions, Fines, and Penalties Not Itemized

$146,943

TOTAL PUBLIC FUNDS

$151,943

Consumer Affairs, Governor's Office of

Appropriation (HB1026)

620

JOURNAL OF THE SENATE

The Office of Consumer Affairs protects consumers and legitimate business enterprises from unfair and deceptive business

practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS

$4,005,706

$3,361,706

$3,655,706

State General Funds

$4,005,706

$3,361,706

$3,655,706

TOTAL AGENCY FUNDS

$417,019

$417,019

$568,962

Sales and Services

$417,019

$417,019

$422,019

Regulatory Fees

$417,019

$417,019

$417,019

Sales and Services Not Itemized

$5,000

Sanctions, Fines, and Penalties

$146,943

Sanctions, Fines, and Penalties Not Itemized

$146,943

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,670

$150,670

$150,670

Agency to Agency Contracts

$150,670

$150,670

$150,670

TOTAL PUBLIC FUNDS

$4,573,395

$3,929,395

$4,375,338

181. Emergency Management Agency, Georgia

Appropriation (HB85)

The purpose is to provide a comprehensive and aggressive emergency preparedness, response, and recovery program for

the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters.

TOTAL STATE FUNDS

$1,989,168

$1,989,168

$1,989,168

State General Funds

$1,989,168

$1,989,168

$1,989,168

TOTAL FEDERAL FUNDS

$4,127,556

$4,127,556

$4,127,556

CDC-Investigations & Technical Assistance CFDA93.283

$50,000

$50,000

$50,000

Emergency Management Performance Grants CFDA97.042

$3,885,614

$3,885,614

$3,885,614

Hazardous Materials Public Sector Training & Planning

$121,237

$121,237

$121,237

CFDA20.703

Public Assistance Grants CFDA 97.036

$70,621

$70,621

$70,621

Urban Areas Security Initiative CFDA97.008

$84

$84

$84

TOTAL AGENCY FUNDS

$192,856

$192,856

$192,856

Sales and Services

$192,856

$192,856

$192,856

Training Fees

$192,856

$192,856

$192,856

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$115,000

$115,000

$115,000

Agency to Agency Contracts

$115,000

$115,000

$115,000

TOTAL PUBLIC FUNDS

$6,424,580

$6,424,580

$6,424,580

WEDNESDAY, FEBRUARY 15, 2006

621

Statewide Changes

181.1 WC, GTA, and GBA

State General Funds

$1,133

$1,133

$1,133

Changes in the Size of the Program

181.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds and prior year

funding from the Governor's Emergency Fund for Hurricane Katrina assistance.

Public Assistance Grants CFDA 97.036

$16,966,097

Agency Funds Prior Year

$131,001

TOTAL PUBLIC FUNDS

$17,097,098

181.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds from the

Governor's Emergency Fund for Hurricane Dennis assistance.

State General Funds

$625,000

Emergency Management Agency, Georgia

Appropriation (HB1026)

The purpose is to provide a comprehensive and aggressive emergency preparedness, response, and recovery program for

the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters.

TOTAL STATE FUNDS

$1,990,301

$1,990,301

$2,615,301

State General Funds

$1,990,301

$1,990,301

$2,615,301

TOTAL FEDERAL FUNDS

$4,127,556

$4,127,556

$21,093,653

CDC-Investigations & Technical Assistance CFDA93.283

$50,000

$50,000

$50,000

Emergency Management Performance Grants CFDA97.042

$3,885,614

$3,885,614

$3,885,614

Hazardous Materials Public Sector Training & Planning

$121,237

$121,237

$121,237

CFDA20.703

Public Assistance Grants CFDA 97.036

$70,621

$70,621

$17,036,718

Urban Areas Security Initiative CFDA97.008

$84

$84

$84

TOTAL AGENCY FUNDS

$192,856

$192,856

$323,857

Reserved Fund Balances

$131,001

Agency Funds Prior Year

$131,001

Sales and Services

$192,856

$192,856

$192,856

Training Fees

$192,856

$192,856

$192,856

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$115,000

$115,000

$115,000

Agency to Agency Contracts

$115,000

$115,000

$115,000

622

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$6,425,713

$6,425,713

$24,147,811

182. Equal Opportunity, Georgia Commission on

Appropriation (HB85)

The purpose is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act

which makes it unlawful for discrimination against any individual.

TOTAL STATE FUNDS

$695,707

$695,707

$695,707

State General Funds

$695,707

$695,707

$695,707

TOTAL FEDERAL FUNDS

$387,217

$387,217

$387,217

Employment Discrimination CFDA30.001

$72,000

$72,000

$72,000

Fair Housing Assistance Program CFDA14.401

$315,217

$315,217

$315,217

TOTAL PUBLIC FUNDS

$1,082,924

$1,082,924

$1,082,924

Statewide Changes

182.1 WC, GTA, and GBA

State General Funds

$440

$440

$440

Changes in Operations / Administration

182.2 Reflect savings from relocation of office space from Peachtree Center to Floyd State Office Building.

State General Funds

($55,000)

($55,000)

($55,000)

Changes in the Size of the Program

182.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to aid with fair

housing.

Fair Housing Assistance Program CFDA14.401

$90,500

Equal Opportunity, Georgia Commission on

Appropriation (HB1026)

The purpose is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act

which makes it unlawful for discrimination against any individual.

TOTAL STATE FUNDS

$641,147

$641,147

$641,147

State General Funds

$641,147

$641,147

$641,147

TOTAL FEDERAL FUNDS

$387,217

$387,217

$477,717

Employment Discrimination CFDA30.001

$72,000

$72,000

$72,000

Fair Housing Assistance Program CFDA14.401

$315,217

$315,217

$405,717

TOTAL PUBLIC FUNDS

$1,028,364

$1,028,364

$1,118,864

183. Office of Homeland Security

Appropriation (HB85)

WEDNESDAY, FEBRUARY 15, 2006

623

Per Executive Order, the purpose is to lead and direct the preparation, employment and management of state resources to

safeguard Georgia and its citizens against threats or acts of terrorism and natural disasters.

TOTAL STATE FUNDS

$592,905

$592,905

$592,905

State General Funds

$592,905

$592,905

$592,905

TOTAL PUBLIC FUNDS

$592,905

$592,905

$592,905

Statewide Changes

183.1 WC, GTA, and GBA

State General Funds

$390

$390

$390

Changes in the Size of the Program

183.2 Reduce funds to reflect projected expenditures.

State General Funds

($83,000)

($83,000)

($83,000)

183.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in funds received

from the Federal Emergency Management Agency.

Public Assistance Grants CFDA 97.036

$200

Office of Homeland Security

Appropriation (HB1026)

Per Executive Order, the purpose is to lead and direct the preparation, employment and management of state resources to

safeguard Georgia and its citizens against threats or acts of terrorism and natural disasters.

TOTAL STATE FUNDS

$510,295

$510,295

$510,295

State General Funds

$510,295

$510,295

$510,295

TOTAL FEDERAL FUNDS

$200

Public Assistance Grants CFDA 97.036

$200

TOTAL PUBLIC FUNDS

$510,295

$510,295

$510,495

184. Office of the State Inspector General

Appropriation (HB85)

Per Executive Order, the purpose is to foster and promote accountability and integrity in state government by investigating

and preventing fraud, waste and abuse.

TOTAL STATE FUNDS

$791,432

$791,432

$791,432

State General Funds

$791,432

$791,432

$791,432

TOTAL PUBLIC FUNDS

$791,432

$791,432

$791,432

Statewide Changes

184.1 WC, GTA, and GBA

State General Funds

$418

$418

$418

624

JOURNAL OF THE SENATE

Office of the State Inspector General

Appropriation (HB1026)

Per Executive Order, the purpose is to foster and promote accountability and integrity in state government by investigating

and preventing fraud, waste and abuse.

TOTAL STATE FUNDS

$791,850

$791,850

$791,850

State General Funds

$791,850

$791,850

$791,850

TOTAL PUBLIC FUNDS

$791,850

$791,850

$791,850

185. Professional Standards Commission, Georgia

Appropriation (HB85)

The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

TOTAL STATE FUNDS

$6,579,840

$6,579,840

$6,579,840

State General Funds

$6,579,840

$6,579,840

$6,579,840

TOTAL FEDERAL FUNDS

$111,930

$111,930

$111,930

Troops to Teachers CFDA84.815

$111,930

$111,930

$111,930

TOTAL PUBLIC FUNDS

$6,691,770

$6,691,770

$6,691,770

Statewide Changes

185.1 WC, GTA, and GBA

State General Funds

$3,521

$3,521

$3,521

Changes in Operations / Administration

185.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for cost associated with

consultant on the panel review of the schools on the needs improvement list and administration.

Improving Teacher Quality State Grant CFDA84.367

$1,622,818

185.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for private donations collected

at the National Board conference and bank card fees.

Donations

$22,080

Sales and Services Not Itemized

$181

TOTAL PUBLIC FUNDS

$22,261

Changes in How the Program is Funded

185.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for fund part time administrative

assistant.

Spouse to Teachers CFDA12.999

$25,832

Changes in the Size of the Program

WEDNESDAY, FEBRUARY 15, 2006

625

185.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for one full time position and

contract employees plus expenses related to the position.

Troops to Teachers CFDA84.815

$302,869

185.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for stipend for participants,

salary for consultants and other related expenses.

Transition to Teaching CFDA84.350

$1,106,477

Professional Standards Commission, Georgia

Appropriation (HB1026)

The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

TOTAL STATE FUNDS

$6,583,361

$6,583,361

$6,583,361

State General Funds

$6,583,361

$6,583,361

$6,583,361

TOTAL FEDERAL FUNDS

$111,930

$111,930

$3,169,926

Improving Teacher Quality State Grant CFDA84.367

$1,622,818

Spouse to Teachers CFDA12.999

$25,832

Transition to Teaching CFDA84.350

$1,106,477

Troops to Teachers CFDA84.815

$111,930

$111,930

$414,799

TOTAL AGENCY FUNDS

$22,261

Contributions, Donations, and Forfeitures

$22,080

Donations

$22,080

Sales and Services

$181

Sales and Services Not Itemized

$181

TOTAL PUBLIC FUNDS

$6,695,291

$6,695,291

$9,775,548

186. Student Achievement, Office of

Appropriation (HB85)

The purpose is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS

$1,135,864

$1,135,864

$1,135,864

State General Funds

$1,135,864

$1,135,864

$1,135,864

TOTAL FEDERAL FUNDS

$266,000

$266,000

$266,000

Grants for State Assessments & Related Activities CFDA84.369

$266,000

$266,000

$266,000

TOTAL PUBLIC FUNDS

$1,401,864

$1,401,864

$1,401,864

Statewide Changes

186.1 WC, GTA, and GBA

State General Funds

$623

$623

$623

626

JOURNAL OF THE SENATE

Student Achievement, Office of

Appropriation (HB1026)

The purpose is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS

$1,136,487

$1,136,487

$1,136,487

State General Funds

$1,136,487

$1,136,487

$1,136,487

TOTAL FEDERAL FUNDS

$266,000

$266,000

$266,000

Grants for State Assessments & Related Activities CFDA84.369

$266,000

$266,000

$266,000

TOTAL PUBLIC FUNDS

$1,402,487

$1,402,487

$1,402,487

There is hereby appropriated to the Office of the Governor the sum of $400,000 of the moneys collected in accordance with

O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the office of the Consumer Affairs

for all the purposes for which such moneys may be appropriated pursuant to Article 28.

Section 27: Human Resources, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$1,372,277,952 $1,372,277,952 $1,372,277,952

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

State General Funds

$1,334,244,473 $1,334,244,473 $1,334,244,473

Tobacco Settlement Funds

$35,033,479

$35,033,479

$35,033,479

TOTAL FEDERAL FUNDS

$1,197,385,486 $1,197,385,486 $1,197,385,486

Adoption Assistance CFDA93.659

$25,386,643

$25,386,643

$25,386,643

Aging Supportive Services & Senior Centers CFDA93.044

$27,262,927

$27,262,927

$27,262,927

CMS Research, Demonstrations & Evaluations CFDA93.779

$6,533,524

$6,533,524

$6,533,524

Chafee Foster Care Independence Program CFDA93.674

$1,593,827

$1,593,827

$1,593,827

Child Care & Development Block Grant CFDA93.575

$52,106,949

$52,106,949

$52,106,949

CCDF Mandatory & Matching Funds CFDA93.596

$74,410,706

$74,410,706

$74,410,706

Child Support Enforcement Research CFDA93.564

$8,760,828

$8,760,828

$8,760,828

Child Support Enforcement Title IV-D CFDA93.563

$42,853,048

$42,853,048

$42,853,048

Child Welfare Services - State Grants Title IV-B CFDA93.645

$9,134,573

$9,134,573

$9,134,573

Community Mental Health Services Block Grant CFDA93.958

$12,840,422

$12,840,422

$12,840,422

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

Developmental Disabilities Basic Support & Advocacy

$2,248,393

$2,248,393

$2,248,393

CFDA93.630

Family Planning Services CFDA93.217

$6,207,725

$6,207,725

$6,207,725

WEDNESDAY, FEBRUARY 15, 2006

627

Foster Care Title IV-E CFDA93.658 Grants to States for Access & Visitation Programs CFDA93.597 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 HIV & AIDS Surveillance Programs CFDA93.944 Immunization Grants CFDA93.268 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Medicare - Supplementary Medical Insurance Program CFDA93.774 National School Lunch Program CFDA10.555 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Preventive Services-Sexually Transmitted Diseases Control CFDA93.977 Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041 Grants & Agreements for Tuberculosis Control Programs CFDA93.116 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Refugee & Entrant Assistance Programs CFDA93.566 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Safe and Drug-free Schools and Communities CFDA84.186 Senior Community Service Employment Program CFDA 17.235 Social Services Block Grant CFDA 93.667 Special Ed-Infants & Families with Disabilities CFDA84.181 Special Programs for the Aging Nutrition Services CFDA 93.045 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 Supplemental Nutrition -Women Infants & Children CFDA10.557

$41,354,292 $274,295
$2,578,954 $3,634,743
$581,648 $1,303,416 $18,929,972 $17,348,033 $175,865,314 $1,115,408 $9,281,187
$310,126 $50,960,435
$4,203,960 $2,297,423
$95,389 $1,613,061
$118,690 $3,103,467
$288,204 $320,397 $1,987,166 $55,368,733 $4,095,607 $3,264,969 $57,379,100 $85,363,000

$41,354,292 $274,295
$2,578,954 $3,634,743
$581,648 $1,303,416 $18,929,972 $17,348,033 $175,865,314 $1,115,408 $9,281,187
$310,126 $50,960,435
$4,203,960 $2,297,423
$95,389 $1,613,061
$118,690 $3,103,467
$288,204 $320,397 $1,987,166 $55,368,733 $4,095,607 $3,264,969 $57,379,100 $85,363,000

$41,354,292 $274,295
$2,578,954 $3,634,743
$581,648 $1,303,416 $18,929,972 $17,348,033 $175,865,314 $1,115,408 $9,281,187
$310,126 $50,960,435
$4,203,960 $2,297,423
$95,389 $1,613,061
$118,690 $3,103,467
$288,204 $320,397 $1,987,166 $55,368,733 $4,095,607 $3,264,969 $57,379,100 $85,363,000

628

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Adoption Assistance CFDA93.659 Adoption Opportunities CFDA 93.652 Aging Supportive Services & Senior Centers CFDA93.044 CDC-Investigations & Technical Assistance CFDA93.283 CMS Research, Demonstrations & Evaluations CFDA93.779 Chafee Foster Care Independence Program CFDA93.674 Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Child Care Development Fund Unobligated Balance Child Support Enforcement Research CFDA93.564 Child Support Enforcement Title IV-D CFDA93.563 Child Welfare Services - State Grants Title IV-B CFDA93.645 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Crime Victim Assistance CFDA16.575 Developmental Disabilities Basic Support & Advocacy
CFDA93.630 Family Planning Services CFDA93.217

$347,823,749 $347,823,749

$20,000,000

$20,000,000

$181,632,610 $181,632,610

$20,000,000

$20,000,000

$161,632,610 $161,632,610

$6,030,541

$6,030,541

$2,757,326,589 $2,757,326,589
Final Section Totals

$1,408,324,342 $1,407,198,614

$3,000,000

$3,000,000

$1,370,290,863 $1,369,165,135

$35,033,479

$35,033,479

$1,224,805,252 $1,224,612,986

$25,948,375

$25,948,375

$27,262,927

$27,262,927

$6,533,524 $1,754,322 $54,506,907 $74,410,706

$6,533,524 $1,754,322 $54,506,907 $74,410,706

$8,760,828 $42,988,940
$9,134,451 $12,840,422 $17,185,183

$8,760,828 $42,988,940
$9,134,451 $12,840,422 $17,185,183

$2,248,393

$2,248,393

$347,823,749 $20,000,000 $181,632,610 $20,000,000 $161,632,610
$6,030,541 $2,757,326,589
$1,402,495,032 $3,000,000
$1,364,461,553 $35,033,479
$1,469,209,189 $25,948,375 $4,236,423 $27,262,927 $25,495,755 $6,605,994 $1,754,322 $54,506,907 $74,410,706 $29,700,000 $8,760,828 $61,925,816 $6,059,265 $12,840,422 $17,185,183 $56,575 $2,248,393

$6,207,725

$6,207,725

$6,304,788

WEDNESDAY, FEBRUARY 15, 2006
Family Violence Prevention-Battered Women's Shelters CFDA93.671
Foster Care Title IV-E CFDA93.658 Grants to States for Access & Visitation Programs CFDA93.597 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 HIV & AIDS Surveillance Programs CFDA93.944 Immunization Grants CFDA93.268 Injury Prevention & Control Research & State & Community Based CFDA 93.136 Low-Income Home Energy Assistance CFDA93.568 Maternal and Child Health Federal Consolidated Programs CFDA93.11 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Medicare - Supplementary Medical Insurance Program CFDA93.774 National School Lunch Program CFDA10.555 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Preventive Services-Sexually Transmitted Diseases Control CFDA93.977 Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041 Grants & Agreements for Tuberculosis Control Programs CFDA93.116 Promoting Safe and Stable Families CFDA 93.556 Public Health and Social Services Emergency Fund CFDA93.003 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Refugee & Entrant Assistance Programs CFDA93.566

629

$284,186
$74,236,044 $274,295
$2,578,954 $3,634,743
$581,648 $1,303,416

$284,186
$74,236,044 $274,295
$2,578,954 $3,634,743
$581,648 $1,303,416

$18,970,241

$18,970,241

$17,348,033 $147,089,005
$1,115,408 $9,281,187

$17,348,033 $146,896,739
$1,115,408 $9,281,187

$310,126 $50,960,435

$310,126 $50,960,435

$4,203,960 $2,297,423

$4,203,960 $2,297,423

$95,389 $1,613,061

$95,389 $1,613,061

$118,690 $3,185,007

$118,690 $3,185,007

$284,186
$74,236,044 $274,295
$32,186,203 $5,303,885 $581,648 $4,425,577 $301,063
$18,970,241 $611,966
$17,348,033 $97,502,564
$1,286,149 $9,281,187
$310,126 $52,280,546
$5,258,723 $2,297,423
$95,389 $2,121,668
$10,000,000 $8,369,836 $119,690 $3,622,362

630

JOURNAL OF THE SENATE

Research on Healthcare Costs, Quality & Outcomes CFDA93.226

$288,204

$288,204

$1,231,194

Safe and Drug-free Schools and Communities CFDA84.186

$320,397

$320,397

$2,788,983

Senior Community Service Employment Program CFDA 17.235

$1,987,166

$1,987,166

$1,987,166

Social Services Block Grant CFDA 93.667

$55,370,733

$55,370,733

$55,370,733

Special Ed-Infants & Families with Disabilities CFDA84.181

$4,095,607

$4,095,607

$4,732,626

Special Programs for the Aging Nutrition Services CFDA 93.045

$3,264,969

$3,264,969

$4,089,850

State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $73,311,026 $73,311,026 $91,644,807

State and Community Highway Safety CFDA20.600

$731,066

Survey & Certification of Health Care Providers/Suppliers

$28,100

CFDA93.777

Substance Abuse and Mental Health Services, Projects of

$307,151

Regional and National Significance

Supplemental Nutrition -Women Infants & Children CFDA10.557

$85,363,000

$85,363,000 $233,202,281

Temporary Assistance for Needy Families

$351,540,196 $351,540,196 $354,728,378

Temporary Assistance for Needy Families Unobligated Balance

$20,000,000

$20,000,000

$5,995,371

TOTAL AGENCY FUNDS

$179,298,282 $179,298,282 $185,988,861

Contributions, Donations, and Forfeitures

$20,000,000

$20,000,000

$20,000,000

Sales and Services

$159,298,282 $159,298,282 $165,988,861

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$6,030,541

$6,030,541

$6,030,541

TOTAL PUBLIC FUNDS

$2,818,458,417 $2,817,140,423 $3,063,723,623

187. Adolescent Health and Youth Development

Appropriation (HB85)

The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility.

TOTAL STATE FUNDS

$2,950,573

$2,950,573

$2,950,573

State General Funds

$2,950,573

$2,950,573

$2,950,573

TOTAL FEDERAL FUNDS

$9,807,473

$9,807,473

$9,807,473

Maternal & Child Health Services Block Grant CFDA93.994

$1,043,468

$1,043,468

$1,043,468

Medical Assistance Program CFDA93.778

$25,631

$25,631

$25,631

Temporary Assistance for Needy Families

$8,738,374

$8,738,374

$8,738,374

Temporary Assistance for Needy Families Block Grant CFDA

$8,738,374

$8,738,374

$8,738,374

93.558

TOTAL PUBLIC FUNDS

$12,758,046

$12,758,046

$12,758,046

WEDNESDAY, FEBRUARY 15, 2006

631

Adolescent Health and Youth Development

Appropriation (HB1026)

The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility.

TOTAL STATE FUNDS

$2,950,573

$2,950,573

$2,950,573

State General Funds

$2,950,573

$2,950,573

$2,950,573

TOTAL FEDERAL FUNDS

$9,807,473

$9,807,473

$9,807,473

Maternal & Child Health Services Block Grant CFDA93.994

$1,043,468

$1,043,468

$1,043,468

Medical Assistance Program CFDA93.778

$25,631

$25,631

$25,631

Temporary Assistance for Needy Families

$8,738,374

$8,738,374

$8,738,374

Temporary Assistance for Needy Families Block Grant CFDA

$8,738,374

$8,738,374

$8,738,374

93.558

TOTAL PUBLIC FUNDS

$12,758,046

$12,758,046

$12,758,046

188. Adoption Services and Supplements

Appropriation (HB85)

The purpose is to support and facilitate the permanent placement of children in safe and stable homes by providing

financial assistance and supportive services.

TOTAL STATE FUNDS

$27,839,182

$27,839,182

$27,839,182

State General Funds

$27,839,182

$27,839,182

$27,839,182

TOTAL FEDERAL FUNDS

$25,557,784

$25,557,784

$25,557,784

Adoption Assistance CFDA93.659

$21,257,784

$21,257,784

$21,257,784

Temporary Assistance for Needy Families

$4,300,000

$4,300,000

$4,300,000

Temporary Assistance for Needy Families Block Grant CFDA

$4,300,000

$4,300,000

$4,300,000

93.558

TOTAL AGENCY FUNDS

$561,732

$561,732

$561,732

Sales and Services

$561,732

$561,732

$561,732

Patient Payments from Third Party Insurers per 31-2-2 and

$561,732

$561,732

$561,732

Patients

TOTAL PUBLIC FUNDS

$53,958,698

$53,958,698

$53,958,698

Changes in How the Program is Funded

188.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Adoption Assistance CFDA93.659

$561,732

$561,732

$561,732

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($561,732)

($561,732)

($561,732)

TOTAL PUBLIC FUNDS

$0

$0

$0

632

JOURNAL OF THE SENATE

Changes in the Size of the Program

188.2 Add funds to cover increases in the number of adoptions by Title-IV E ineligible Families.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$1,000,000

Adoption Services and Supplements

Appropriation (HB1026)

The purpose is to support and facilitate the permanent placement of children in safe and stable homes by providing

financial assistance and supportive services.

TOTAL STATE FUNDS

$27,839,182

$27,839,182

$27,839,182

State General Funds

$27,839,182

$27,839,182

$27,839,182

TOTAL FEDERAL FUNDS

$26,119,516

$26,119,516

$27,119,516

Adoption Assistance CFDA93.659

$21,819,516

$21,819,516

$21,819,516

Temporary Assistance for Needy Families

$4,300,000

$4,300,000

$5,300,000

Temporary Assistance for Needy Families Block Grant CFDA

$4,300,000

$4,300,000

$5,300,000

93.558

TOTAL PUBLIC FUNDS

$53,958,698

$53,958,698

$54,958,698

189. Adult Protective Services

Appropriation (HB85)

The purpose is to protect disabled adults and elder persons who are not residents of long term care facilities from situations

of domestic abuse, neglect and exploitation.

TOTAL STATE FUNDS

$8,166,693

$8,166,693

$8,166,693

State General Funds

$8,166,693

$8,166,693

$8,166,693

TOTAL FEDERAL FUNDS

$6,432,602

$6,432,602

$6,432,602

Medical Assistance Program CFDA93.778

$4,178,063

$4,178,063

$4,178,063

Social Services Block Grant CFDA 93.667

$2,254,539

$2,254,539

$2,254,539

TOTAL PUBLIC FUNDS

$14,599,295

$14,599,295

$14,599,295

Changes in Operations / Administration

189.1 Transfer funds to the Child Protective Services program to correctly reflect the amount of Targeted Case

Management funds.

Medical Assistance Program CFDA93.778

($2,507,000)

($2,507,000)

($2,507,000)

189.2 Transfer to the Administration program to provide for appropriate segregation of duties for guardianship activities.

State General Funds

($250,000)

($250,000)

($250,000)

189.3 Transfer funds from the Child Protective Services program.

State General Funds

$2,507,000

$2,507,000

$2,507,000

WEDNESDAY, FEBRUARY 15, 2006

633

Adult Protective Services

Appropriation (HB1026)

The purpose is to protect disabled adults and elder persons who are not residents of long term care facilities from situations

of domestic abuse, neglect and exploitation.

TOTAL STATE FUNDS

$10,423,693

$10,423,693

$10,423,693

State General Funds

$10,423,693

$10,423,693

$10,423,693

TOTAL FEDERAL FUNDS

$3,925,602

$3,925,602

$3,925,602

Medical Assistance Program CFDA93.778

$1,671,063

$1,671,063

$1,671,063

Social Services Block Grant CFDA 93.667

$2,254,539

$2,254,539

$2,254,539

TOTAL PUBLIC FUNDS

$14,349,295

$14,349,295

$14,349,295

190. Cancer Screening and Prevention

Appropriation (HB85)

The purpose is to reduce the morbidity and mortality from breast or cervical cancer.

TOTAL STATE FUNDS

$6,261,931

$6,261,931

$6,261,931

State General Funds

$3,536,818

$3,536,818

$3,536,818

Tobacco Settlement Funds

$2,725,113

$2,725,113

$2,725,113

TOTAL PUBLIC FUNDS

$6,261,931

$6,261,931

$6,261,931

Changes in How the Program is Funded

190.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

CDC-Investigations & Technical Assistance CFDA93.283

$976,317

Cancer Screening and Prevention

Appropriation (HB1026)

The purpose is to reduce the morbidity and mortality from breast or cervical cancer.

TOTAL STATE FUNDS

$6,261,931

$6,261,931

$6,261,931

State General Funds

$3,536,818

$3,536,818

$3,536,818

Tobacco Settlement Funds

$2,725,113

$2,725,113

$2,725,113

TOTAL FEDERAL FUNDS

$976,317

CDC-Investigations & Technical Assistance CFDA93.283

$976,317

TOTAL PUBLIC FUNDS

$6,261,931

$6,261,931

$7,238,248

191. Child Care and Parent Services

Appropriation (HB85)

The purpose is to permit low income families to be self-reliant while protecting the safety and well-being of their children

by ensuring access to child care.

TOTAL STATE FUNDS

$61,805,665

$61,805,665

$61,805,665

634

JOURNAL OF THE SENATE

State General Funds

$61,805,665

$61,805,665

$61,805,665

TOTAL FEDERAL FUNDS

$124,387,121 $124,387,121 $124,387,121

Child Care & Development Block Grant CFDA93.575

$52,106,949

$52,106,949

$52,106,949

CCDF Mandatory & Matching Funds CFDA93.596

$32,580,082

$32,580,082

$32,580,082

Social Services Block Grant CFDA 93.667

$90

$90

$90

Temporary Assistance for Needy Families

$39,700,000

$39,700,000

$39,700,000

Temporary Assistance for Needy Families Block Grant CFDA

$10,000,000

$10,000,000

$10,000,000

93.558

TANF Transfers to Child Care Development Fund

$29,700,000

$29,700,000

$29,700,000

TOTAL AGENCY FUNDS

$832,728

$832,728

$832,728

Sales and Services

$832,728

$832,728

$832,728

Patient Payments from Third Party Insurers per 31-2-2 and

$832,728

$832,728

$832,728

Patients

TOTAL PUBLIC FUNDS

$187,025,514 $187,025,514 $187,025,514

Changes in Operations / Administration

191.1 Transfer funds for After School Care Expansion activities to Support for Needy Families-Administration and Family

Assistance.

State General Funds

($4,000,000)

($4,000,000)

$0

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($10,000,000) ($10,000,000)

$0

TOTAL PUBLIC FUNDS

($14,000,000) ($14,000,000)

$0

Changes in How the Program is Funded

191.2 Supplant Medicaid Patient Pay Agency funds with federal funds.

Child Care & Development Block Grant CFDA93.575

$832,728

$832,728

$832,728

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($832,728)

($832,728)

($832,728)

TOTAL PUBLIC FUNDS

$0

$0

$0

191.3 Supplant funds

Child Care Development Fund Unobligated Balance

$0

$0

$29,700,000

TANF Transfers to Child Care Development Fund

($29,700,000)

TOTAL PUBLIC FUNDS

$0

Child Care and Parent Services

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

635

The purpose is to permit low income families to be self-reliant while protecting the safety and well-being of their children

by ensuring access to child care.

TOTAL STATE FUNDS

$57,805,665

$57,805,665

$61,805,665

State General Funds

$57,805,665

$57,805,665

$61,805,665

TOTAL FEDERAL FUNDS

$115,219,849 $115,219,849 $125,219,849

Child Care & Development Block Grant CFDA93.575

$52,939,677

$52,939,677

$52,939,677

CCDF Mandatory & Matching Funds CFDA93.596

$32,580,082

$32,580,082

$32,580,082

Child Care Development Fund Unobligated Balance

$29,700,000

Social Services Block Grant CFDA 93.667

$90

$90

$90

Temporary Assistance for Needy Families

$29,700,000

$29,700,000

$10,000,000

Temporary Assistance for Needy Families Block Grant CFDA

$10,000,000

93.558

TANF Transfers to Child Care Development Fund

$29,700,000

$29,700,000

TOTAL PUBLIC FUNDS

$173,025,514 $173,025,514 $187,025,514

192. Child Fatality Review Panel

Appropriation (HB85)

The purpose is to provide a confidential forum for local child fatality review committees to determine manner and cause of

death and if the death was preventable.

TOTAL STATE FUNDS

$334,562

$334,562

$334,562

State General Funds

$334,562

$334,562

$334,562

TOTAL PUBLIC FUNDS

$334,562

$334,562

$334,562

Statewide Changes

192.1 WC, GTA, and GBA

State General Funds

$249

$249

$249

Child Fatality Review Panel

Appropriation (HB1026)

The purpose is to provide a confidential forum for local child fatality review committees to determine manner and cause of

death and if the death was preventable.

TOTAL STATE FUNDS

$334,811

$334,811

$334,811

State General Funds

$334,811

$334,811

$334,811

TOTAL PUBLIC FUNDS

$334,811

$334,811

$334,811

193. Child Protective Services

Appropriation (HB85)

636

JOURNAL OF THE SENATE

The purpose of this statewide program investigates allegations of child abuse and neglect; and provides services to protect

the child and strengthen the family.

TOTAL STATE FUNDS

$60,124,883

$60,124,883

$60,124,883

State General Funds

$58,055,835

$58,055,835

$58,055,835

Tobacco Settlement Funds

$2,069,048

$2,069,048

$2,069,048

TOTAL FEDERAL FUNDS

$156,710,324 $156,710,324 $156,710,324

CCDF Mandatory & Matching Funds CFDA93.596

$41,829,844

$41,829,844

$41,829,844

Child Welfare Services - State Grants Title IV-B CFDA93.645

$4,573,265

$4,573,265

$4,573,265

Foster Care Title IV-E CFDA93.658

$13,431,881

$13,431,881

$13,431,881

Social Services Block Grant CFDA 93.667

$5,018,743

$5,018,743

$5,018,743

State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $21,072,425 $21,072,425 $21,072,425

Temporary Assistance for Needy Families

$70,784,166

$70,784,166

$70,784,166

Temporary Assistance for Needy Families Block Grant CFDA

$50,669,658

$50,669,658

$50,669,658

93.558

TANF Transfers to Social Services Block Grant

$20,114,508

$20,114,508

$20,114,508

TOTAL AGENCY FUNDS

$13,490,604

$13,490,604

$13,490,604

Sales and Services

$13,490,604

$13,490,604

$13,490,604

Patient Payments from Third Party Insurers per 31-2-2 and

$13,490,604

$13,490,604

$13,490,604

Patients

TOTAL PUBLIC FUNDS

$230,325,811 $230,325,811 $230,325,811

Changes in Operations / Administration

193.1 Transfer funds from the Adult Protective Services program to correctly reflect the amount of Targeted Case

Management funds.

Medical Assistance Program CFDA93.778

$2,507,000

$2,507,000

$2,507,000

193.2 Adjust the cost of 500 Child Protective Services caseworkers added in the FY2006 General Budget to account for an

earlier start date.

State General Funds

$4,437,525

$4,437,525

$4,437,525

Foster Care Title IV-E CFDA93.658

$4,951,975

$4,951,975

$4,951,975

TOTAL PUBLIC FUNDS

$9,389,500

$9,389,500

$9,389,500

193.3 Transfer funds to the Adult Protective Services program.

State General Funds

($2,507,000)

($2,507,000)

($2,507,000)

WEDNESDAY, FEBRUARY 15, 2006

637

Changes in How the Program is Funded

193.4 Transfer federal funds from the Out of Home Care program for child protective services investigations.

Social Services Block Grant CFDA 93.667

$3,600,000

$3,600,000

$3,600,000

193.5 Supplant Medicaid Patient Pay Agency funds with federal funds.

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$13,490,604

$13,490,604

$13,490,604

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($13,490,604) ($13,490,604) ($13,490,604)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

193.6 Increase Grants to Counties funding to SFY 2005 levels

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$3,700,000

193.7 Add funds to support intake activities for non Title IV-E eligible children

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$500,000

Child Protective Services

Appropriation (HB1026)

The purpose of this statewide program investigates allegations of child abuse and neglect; and provides services to protect

the child and strengthen the family.

TOTAL STATE FUNDS

$62,055,408

$62,055,408

$62,055,408

State General Funds

$59,986,360

$59,986,360

$59,986,360

Tobacco Settlement Funds

$2,069,048

$2,069,048

$2,069,048

TOTAL FEDERAL FUNDS

$181,259,903 $181,259,903 $185,459,903

CCDF Mandatory & Matching Funds CFDA93.596

$41,829,844

$41,829,844

$41,829,844

Child Welfare Services - State Grants Title IV-B CFDA93.645

$4,573,265

$4,573,265

$4,573,265

Foster Care Title IV-E CFDA93.658

$18,383,856

$18,383,856

$18,383,856

Medical Assistance Program CFDA93.778

$2,507,000

$2,507,000

$2,507,000

Social Services Block Grant CFDA 93.667

$8,618,743

$8,618,743

$8,618,743

State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $34,563,029 $34,563,029 $34,563,029

Temporary Assistance for Needy Families

$70,784,166

$70,784,166

$74,984,166

Temporary Assistance for Needy Families Block Grant CFDA

$50,669,658

$50,669,658

$54,869,658

93.558

TANF Transfers to Social Services Block Grant

$20,114,508

$20,114,508

$20,114,508

TOTAL PUBLIC FUNDS

$243,315,311 $243,315,311 $247,515,311

638

JOURNAL OF THE SENATE

194. Child Support Establishment Collection and

Appropriation (HB85)

The purpose is to enforce parental responsibility by paying financial support.

TOTAL STATE FUNDS

$15,508,672

$15,508,672

$15,508,672

State General Funds

$15,508,672

$15,508,672

$15,508,672

TOTAL FEDERAL FUNDS

$52,008,171

$52,008,171

$52,008,171

Child Support Enforcement Research CFDA93.564

$8,760,828

$8,760,828

$8,760,828

Child Support Enforcement Title IV-D CFDA93.563

$42,853,048

$42,853,048

$42,853,048

Grants to States for Access & Visitation Programs CFDA93.597

$274,295

$274,295

$274,295

Social Services Block Grant CFDA 93.667

$120,000

$120,000

$120,000

TOTAL AGENCY FUNDS

$300,000

$300,000

$300,000

Sales and Services

$300,000

$300,000

$300,000

Sales and Services Not Itemized

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$67,816,843

$67,816,843

$67,816,843

Child Support Establishment Collection and Enforcement

Appropriation (HB1026)

The purpose is to enforce parental responsibility by paying financial support.

TOTAL STATE FUNDS

$15,508,672

$15,508,672

$15,508,672

State General Funds

$15,508,672

$15,508,672

$15,508,672

TOTAL FEDERAL FUNDS

$52,008,171

$52,008,171

$52,008,171

Child Support Enforcement Research CFDA93.564

$8,760,828

$8,760,828

$8,760,828

Child Support Enforcement Title IV-D CFDA93.563

$42,853,048

$42,853,048

$42,853,048

Grants to States for Access & Visitation Programs CFDA93.597

$274,295

$274,295

$274,295

Social Services Block Grant CFDA 93.667

$120,000

$120,000

$120,000

TOTAL AGENCY FUNDS

$300,000

$300,000

$300,000

Sales and Services

$300,000

$300,000

$300,000

Sales and Services Not Itemized

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$67,816,843

$67,816,843

$67,816,843

195. Children with Special Needs

Appropriation (HB85)

The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities.

TOTAL STATE FUNDS

$21,243,613

$21,243,613

$21,243,613

State General Funds

$21,243,613

$21,243,613

$21,243,613

TOTAL FEDERAL FUNDS

$10,079,911

$10,079,911

$10,079,911

WEDNESDAY, FEBRUARY 15, 2006

639

Maternal & Child Health Services Block Grant CFDA93.994

$7,292,025

$7,292,025

$7,292,025

Medical Assistance Program CFDA93.778

$19,308

$19,308

$19,308

Preventive Health & Health Services Block Grant CFDA93.991

$54,180

$54,180

$54,180

Special Ed-Infants & Families with Disabilities CFDA84.181

$2,714,398

$2,714,398

$2,714,398

TOTAL PUBLIC FUNDS

$31,323,524

$31,323,524

$31,323,524

Statewide Changes

195.1 WC, GTA, and GBA

State General Funds

$27,557

$27,557

$27,557

Changes in How the Program is Funded

195.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Special Ed-Infants & Families with Disabilities CFDA84.181

$637,019

Children with Special Needs

Appropriation (HB1026)

The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities.

TOTAL STATE FUNDS

$21,271,170

$21,271,170

$21,271,170

State General Funds

$21,271,170

$21,271,170

$21,271,170

TOTAL FEDERAL FUNDS

$10,079,911

$10,079,911

$10,716,930

Maternal & Child Health Services Block Grant CFDA93.994

$7,292,025

$7,292,025

$7,292,025

Medical Assistance Program CFDA93.778

$19,308

$19,308

$19,308

Preventive Health & Health Services Block Grant CFDA93.991

$54,180

$54,180

$54,180

Special Ed-Infants & Families with Disabilities CFDA84.181

$2,714,398

$2,714,398

$3,351,417

TOTAL PUBLIC FUNDS

$31,351,081

$31,351,081

$31,988,100

196. Chronic Disease Reduction - Health Promotion

Appropriation (HB85)

The purpose is to provide education and health promotion related to chronic diseases.

TOTAL STATE FUNDS

$1,694,590

$1,694,590

$1,694,590

State General Funds

$353,946

$353,946

$353,946

Tobacco Settlement Funds

$1,340,644

$1,340,644

$1,340,644

TOTAL PUBLIC FUNDS

$1,694,590

$1,694,590

$1,694,590

Statewide Changes

196.1 WC, GTA, and GBA

State General Funds

$103,589

$103,589

$103,589

640

JOURNAL OF THE SENATE

Chronic Disease Reduction - Health Promotion

Appropriation (HB1026)

The purpose is to provide education and health promotion related to chronic diseases.

TOTAL STATE FUNDS

$1,798,179

$1,798,179

$1,798,179

State General Funds

$457,535

$457,535

$457,535

Tobacco Settlement Funds

$1,340,644

$1,340,644

$1,340,644

TOTAL PUBLIC FUNDS

$1,798,179

$1,798,179

$1,798,179

197. Chronic Disease Treatment and Control

Appropriation (HB85)

The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians.

TOTAL STATE FUNDS

$8,112,612

$8,112,612

$8,112,612

State General Funds

$4,565,157

$4,565,157

$4,565,157

Tobacco Settlement Funds

$3,547,455

$3,547,455

$3,547,455

TOTAL FEDERAL FUNDS

$1,210,877

$1,210,877

$1,210,877

Preventive Health & Health Services Block Grant CFDA93.991

$1,210,877

$1,210,877

$1,210,877

TOTAL PUBLIC FUNDS

$9,323,489

$9,323,489

$9,323,489

One-Time Expense

197.1 Provide funding for Hemophilia of Georgia to purchase factor concentrate for uninsured Georgians with hemophilia.

State General Funds

$438,416

Chronic Disease Treatment and Control

Appropriation (HB1026)

The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians.

TOTAL STATE FUNDS

$8,112,612

$8,112,612

$8,551,028

State General Funds

$4,565,157

$4,565,157

$5,003,573

Tobacco Settlement Funds

$3,547,455

$3,547,455

$3,547,455

TOTAL FEDERAL FUNDS

$1,210,877

$1,210,877

$1,210,877

Preventive Health & Health Services Block Grant CFDA93.991

$1,210,877

$1,210,877

$1,210,877

TOTAL PUBLIC FUNDS

$9,323,489

$9,323,489

$9,761,905

198. Community Care Services Program

Appropriation (HB85)

The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own

communities.

TOTAL STATE FUNDS

$50,458,653

$50,458,653

$50,458,653

State General Funds

$46,266,847

$46,266,847

$46,266,847

Tobacco Settlement Funds

$4,191,806

$4,191,806

$4,191,806

WEDNESDAY, FEBRUARY 15, 2006

641

TOTAL FEDERAL FUNDS

$9,894,353

$9,894,353

$9,894,353

Medical Assistance Program CFDA93.778

$9,894,353

$9,894,353

$9,894,353

TOTAL PUBLIC FUNDS

$60,353,006

$60,353,006

$60,353,006

Community Care Services Program

Appropriation (HB1026)

The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own

communities.

TOTAL STATE FUNDS

$50,458,653

$50,458,653

$50,458,653

State General Funds

$46,266,847

$46,266,847

$46,266,847

Tobacco Settlement Funds

$4,191,806

$4,191,806

$4,191,806

TOTAL FEDERAL FUNDS

$9,894,353

$9,894,353

$9,894,353

Medical Assistance Program CFDA93.778

$9,894,353

$9,894,353

$9,894,353

TOTAL PUBLIC FUNDS

$60,353,006

$60,353,006

$60,353,006

199. Community Services - Adult

Appropriation (HB85)

The purpose is to support adults with serious mental illness, developmental disabilities and addictive diseases in gaining the

skills to live independently in the community while avoiding the need for hospitalization.

TOTAL STATE FUNDS

$317,453,030 $317,453,030 $317,453,030

State General Funds

$307,197,892 $307,197,892 $307,197,892

Tobacco Settlement Funds

$10,255,138

$10,255,138

$10,255,138

TOTAL FEDERAL FUNDS

$112,804,851 $112,804,851 $112,804,851

Community Mental Health Services Block Grant CFDA93.958

$7,474,598

$7,474,598

$7,474,598

Medical Assistance Program CFDA93.778

$17,873,979

$17,873,979

$17,873,979

Prevention & Treatment of Substance Abuse Block Grant

$26,315,435

$26,315,435

$26,315,435

CFDA93.959

Social Services Block Grant CFDA 93.667

$30,636,459

$30,636,459

$30,636,459

Temporary Assistance for Needy Families

$30,504,380

$30,504,380

$30,504,380

Temporary Assistance for Needy Families Block Grant CFDA

$27,016,392

$27,016,392

$27,016,392

93.558

TANF Transfers to Social Services Block Grant

$3,487,988

$3,487,988

$3,487,988

TOTAL PUBLIC FUNDS

$430,257,881 $430,257,881 $430,257,881

Statewide Changes

199.1 WC, GTA, and GBA

642

JOURNAL OF THE SENATE

State General Funds

$467,193

$467,193

$467,193

Changes in Operations / Administration

199.2 Transfer funds to the Department of Community Health Low Income Medicaid program to implement Georgia

Healthy Families which serves Medicaid clients who receive mental health services.

State General Funds

($2,025,041)

($2,025,041)

($2,025,041)

199.4 Reflect savings from a delayed start date for MR/DD provider rate increases.

State General Funds

($222,213)

($222,213)

Medical Assistance Program CFDA93.778

($184,553)

($184,553)

TOTAL PUBLIC FUNDS

($406,766)

($406,766)

Changes in the Size of the Program

199.3 Adjust funding for 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List

added in the FY2006 General budget to account for an earlier implementation date.

State General Funds

$2,720,005

$2,720,005

$2,720,005

Medical Assistance Program CFDA93.778

$4,158,695

$4,158,695

$4,158,695

TOTAL PUBLIC FUNDS

$6,878,700

$6,878,700

$6,878,700

199.5 Transfer to the Community Services- Child and Adolescent program to serve children.

TANF Transfers to Social Services Block Grant

($3,487,988)

Community Services - Adult

Appropriation (HB1026)

The purpose is to support adults with serious mental illness, developmental disabilities and addictive diseases in gaining the

skills to live independently in the community while avoiding the need for hospitalization.

TOTAL STATE FUNDS

$318,615,187 $318,392,974 $318,392,974

State General Funds

$308,360,049 $308,137,836 $308,137,836

Tobacco Settlement Funds

$10,255,138

$10,255,138

$10,255,138

TOTAL FEDERAL FUNDS

$116,963,546 $116,778,993 $113,291,005

Community Mental Health Services Block Grant CFDA93.958

$7,474,598

$7,474,598

$7,474,598

Medical Assistance Program CFDA93.778

$22,032,674

$21,848,121

$21,848,121

Prevention & Treatment of Substance Abuse Block Grant

$26,315,435

$26,315,435

$26,315,435

CFDA93.959

Social Services Block Grant CFDA 93.667

$30,636,459

$30,636,459

$30,636,459

Temporary Assistance for Needy Families

$30,504,380

$30,504,380

$27,016,392

WEDNESDAY, FEBRUARY 15, 2006

643

Temporary Assistance for Needy Families Block Grant CFDA

$27,016,392

$27,016,392

$27,016,392

93.558

TANF Transfers to Social Services Block Grant

$3,487,988

$3,487,988

TOTAL PUBLIC FUNDS

$435,578,733 $435,171,967 $431,683,979

200. Community Services - Child and Adolescent

Appropriation (HB85)

The purpose is to help children and adolescents with serious emotional disturbances, developmental disabilities and

addictive diseases participate in everyday life in the community with family and friends to the fullest extent possible by

assisting them in gaining, keeping and improving community living skills.

TOTAL STATE FUNDS

$78,712,046

$78,712,046

$78,712,046

State General Funds

$78,712,046

$78,712,046

$78,712,046

TOTAL FEDERAL FUNDS

$22,950,333

$22,950,333

$22,950,333

Community Mental Health Services Block Grant CFDA93.958

$5,365,824

$5,365,824

$5,365,824

Medical Assistance Program CFDA93.778

$3,131,597

$3,131,597

$3,131,597

Prevention & Treatment of Substance Abuse Block Grant

$14,452,912

$14,452,912

$14,452,912

CFDA93.959

TOTAL PUBLIC FUNDS

$101,662,379 $101,662,379 $101,662,379

Statewide Changes

200.1 WC, GTA, and GBA

State General Funds

$119,707

$119,707

$119,707

Changes in Operations / Administration

200.3 Reflect savings from a delayed start date for MR/DD provider rate increases.

State General Funds

($45,513)

($45,513)

Medical Assistance Program CFDA93.778

($7,713)

($7,713)

TOTAL PUBLIC FUNDS

($53,226)

($53,226)

Changes in How the Program is Funded

200.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

CMS Research, Demonstrations & Evaluations CFDA93.779

$72,470

Safe and Drug-free Schools and Communities CFDA84.186

$2,395,855

Substance Abuse and Mental Health Services, Projects of Regional and National Significance

$18,131

TOTAL PUBLIC FUNDS

$2,486,456

644

JOURNAL OF THE SENATE

Changes in the Size of the Program

200.2 Adjust funding for 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List

added in the FY2006 General budget to account for an earlier implementation date.

State General Funds

$564,592

$564,592

$564,592

Medical Assistance Program CFDA93.778

$859,531

$859,531

$859,531

TOTAL PUBLIC FUNDS

$1,424,123

$1,424,123

$1,424,123

200.5 Transfer from Community Services-Adult to serve children in community settings.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$3,487,988

Community Services - Child and Adolescent

Appropriation (HB1026)

The purpose is to help children and adolescents with serious emotional disturbances, developmental disabilities and

addictive diseases participate in everyday life in the community with family and friends to the fullest extent possible by

assisting them in gaining, keeping and improving community living skills.

TOTAL STATE FUNDS

$79,396,345

$79,350,832

$79,350,832

State General Funds

$79,396,345

$79,350,832

$79,350,832

TOTAL FEDERAL FUNDS

$23,809,864

$23,802,151

$29,776,595

CMS Research, Demonstrations & Evaluations CFDA93.779

$72,470

Community Mental Health Services Block Grant CFDA93.958

$5,365,824

$5,365,824

$5,365,824

Medical Assistance Program CFDA93.778

$3,991,128

$3,983,415

$3,983,415

Prevention & Treatment of Substance Abuse Block Grant

$14,452,912

$14,452,912

$14,452,912

CFDA93.959

Safe and Drug-free Schools and Communities CFDA84.186

$2,395,855

Substance Abuse and Mental Health Services, Projects of

$18,131

Regional and National Significance

Temporary Assistance for Needy Families

$3,487,988

Temporary Assistance for Needy Families Block Grant CFDA

$3,487,988

93.558

TOTAL PUBLIC FUNDS

$103,206,209 $103,152,983 $109,127,427

201. Contracted Client Transportation Services

Appropriation (HB85)

The purpose is to provide essential transportation services in a safe, efficient and responsive manner.

TOTAL STATE FUNDS

$4,172,324

$4,172,324

$4,172,324

WEDNESDAY, FEBRUARY 15, 2006

645

State General Funds

$4,172,324

$4,172,324

$4,172,324

TOTAL FEDERAL FUNDS

$24,898,482

$24,898,482

$24,898,482

Aging Supportive Services & Senior Centers CFDA93.044

$6,013,921

$6,013,921

$6,013,921

Social Services Block Grant CFDA 93.667

$9,687,026

$9,687,026

$9,687,026

Special Programs for the Aging Nutrition Services CFDA 93.045

$730,322

$730,322

$730,322

Temporary Assistance for Needy Families

$8,467,213

$8,467,213

$8,467,213

Temporary Assistance for Needy Families Block Grant CFDA

$8,467,213

$8,467,213

$8,467,213

93.558

TOTAL PUBLIC FUNDS

$29,070,806

$29,070,806

$29,070,806

Changes in How the Program is Funded

201.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Sales and Services Not Itemized

$3,264,236

Contracted Client Transportation Services

Appropriation (HB1026)

The purpose is to provide essential transportation services in a safe, efficient and responsive manner.

TOTAL STATE FUNDS

$4,172,324

$4,172,324

$4,172,324

State General Funds

$4,172,324

$4,172,324

$4,172,324

TOTAL FEDERAL FUNDS

$24,898,482

$24,898,482

$24,898,482

Aging Supportive Services & Senior Centers CFDA93.044

$6,013,921

$6,013,921

$6,013,921

Social Services Block Grant CFDA 93.667

$9,687,026

$9,687,026

$9,687,026

Special Programs for the Aging Nutrition Services CFDA 93.045

$730,322

$730,322

$730,322

Temporary Assistance for Needy Families

$8,467,213

$8,467,213

$8,467,213

Temporary Assistance for Needy Families Block Grant CFDA

$8,467,213

$8,467,213

$8,467,213

93.558

TOTAL AGENCY FUNDS

$3,264,236

Sales and Services

$3,264,236

Sales and Services Not Itemized

$3,264,236

TOTAL PUBLIC FUNDS

$29,070,806

$29,070,806

$32,335,042

202. Departmental Administration

Appropriation (HB85)

The purpose is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS

$84,985,533

$84,985,533

$84,985,533

646

JOURNAL OF THE SENATE

State General Funds

$84,654,193

$84,654,193

$84,654,193

Tobacco Settlement Funds

$331,340

$331,340

$331,340

TOTAL FEDERAL FUNDS

$78,206,511

$78,206,511

$78,206,511

Low-Income Home Energy Assistance CFDA93.568

$346,557

$346,557

$346,557

Medical Assistance Program CFDA93.778

$67,960,097

$67,960,097

$67,960,097

Preventive Health & Health Services Block Grant CFDA93.991

$31,070

$31,070

$31,070

Social Services Block Grant CFDA 93.667

$265,446

$265,446

$265,446

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$2

$2

$2

Temporary Assistance for Needy Families

$9,603,339

$9,603,339

$9,603,339

Temporary Assistance for Needy Families Block Grant CFDA

$9,603,339

$9,603,339

$9,603,339

93.558

TOTAL AGENCY FUNDS

$5,872,044

$5,872,044

$5,872,044

Sales and Services

$5,872,044

$5,872,044

$5,872,044

Sales and Services Not Itemized

$5,872,044

$5,872,044

$5,872,044

TOTAL PUBLIC FUNDS

$169,064,088 $169,064,088 $169,064,088

Statewide Changes

202.1 WC, GTA, and GBA

State General Funds

$1,083,150

$1,083,150

$1,083,150

Foster Care Title IV-E CFDA93.658

$250,000

$250,000

$250,000

Medical Assistance Program CFDA93.778

$259,500

$259,500

$259,500

TOTAL PUBLIC FUNDS

$1,592,650

$1,592,650

$1,592,650

Changes in Operations / Administration

202.2 Transfer from the Adult Protective Services program to provide for appropriate segregation of duties for

guardianship activities.

State General Funds

$250,000

$250,000

$250,000

One-Time Expense

202.3 Provide funding for the implementation of the Statewide Automated Child Welfare Information System.

State General Funds

$14,000,000

$14,000,000

$14,000,000

Foster Care Title IV-E CFDA93.658

$14,000,000

$14,000,000

$14,000,000

TOTAL PUBLIC FUNDS

$28,000,000

$28,000,000

$28,000,000

202.8 Transfer funds to cover deficit in state hospitals.

WEDNESDAY, FEBRUARY 15, 2006

647

State General Funds

($6,000,000)

Changes in How the Program is Funded

202.4 Reclassify agency funds as federal funds.

Child Care & Development Block Grant CFDA93.575

$1,567,230

$1,567,230

$1,567,230

Child Support Enforcement Title IV-D CFDA93.563

$135,892

$135,892

$135,892

Foster Care Title IV-E CFDA93.658

$7,722,366

$7,722,366

$7,722,366

Medical Assistance Program CFDA93.778

($9,340,335)

($9,340,335)

($9,340,335)

Refugee & Entrant Assistance Programs CFDA93.566

$1,002

$1,002

$1,002

Social Services Block Grant CFDA 93.667

$2,000

$2,000

$2,000

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$149,286

$149,286

$149,286

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$640,309

$640,309

$0

Sales and Services Not Itemized

($877,750)

($877,750)

($237,441)

TOTAL PUBLIC FUNDS

$0

$0

$0

202.5 Provide state funds to replace previously contributed county funds for the issuance cost of the Electronic Benefit

Transfer card services.

State General Funds

$2,200,000

$2,200,000

$2,200,000

Medical Assistance Program CFDA93.778

$290,104

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$65,633

$65,633

$65,633

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$290,104

$290,104

Electronic Benefit Transfer County Share

$0

$0

$0

TOTAL PUBLIC FUNDS

$2,555,737

$2,555,737

$2,555,737

202.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Adoption Opportunities CFDA 93.652

$4,236,423

Child Support Enforcement Title IV-D CFDA93.563

$18,936,876

Family Planning Services CFDA93.217

$97,063

HIV Care Formula Grants CFDA93.917

$1,500

HIV Prevention Activities-Health Department Based CFDA93.94

$72,976

Injury Prevention & Control Research & State & Community Based

$8,332

CFDA 93.136

648

JOURNAL OF THE SENATE

Maternal and Child Health Federal Consolidated Programs CFDA93.11 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Public Health and Social Services Emergency Fund CFDA93.003 Refugee & Entrant Assistance Programs CFDA93.566 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Special Programs for the Aging Nutrition Services CFDA 93.045 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 State and Community Highway Safety CFDA20.600 Survey & Certification of Health Care Providers/Suppliers CFDA93.777 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Supplemental Nutrition -Women Infants & Children CFDA10.557 TOTAL PUBLIC FUNDS Changes in the Size of the Program 202.7 Adjust administration of the TANF program to SFY 2005 levels. Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families Block Grant CFDA 93.558 TOTAL PUBLIC FUNDS

$111,262
($42,759,465) $170,741 $7,937 $30,362 $682,990 $824,881
$18,333,781 $3,500
$28,100
$7,064
$358,650 $1,152,973
($265,446) $3,600,000 $3,334,554

Departmental Administration

Appropriation (HB1026)

The purpose is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS

$102,518,683 $102,518,683

$96,518,683

State General Funds

$102,187,343 $102,187,343

$96,187,343

Tobacco Settlement Funds

$331,340

$331,340

$331,340

TOTAL FEDERAL FUNDS

$93,949,498

$93,949,498

$97,796,716

Adoption Opportunities CFDA 93.652

$4,236,423

Child Care & Development Block Grant CFDA93.575

$1,567,230

$1,567,230

$1,567,230

Child Support Enforcement Title IV-D CFDA93.563

$135,892

$135,892

$19,072,768

WEDNESDAY, FEBRUARY 15, 2006

649

Family Planning Services CFDA93.217

Foster Care Title IV-E CFDA93.658

$21,972,366

HIV Care Formula Grants CFDA93.917

HIV Prevention Activities-Health Department Based CFDA93.94

Injury Prevention & Control Research & State & Community

Based CFDA 93.136

Low-Income Home Energy Assistance CFDA93.568

$346,557

Maternal and Child Health Federal Consolidated Programs

CFDA93.11

Medical Assistance Program CFDA93.778

$58,879,262

Medicare - Hospital Insurance CFDA93.773

Preventive Health & Health Services Block Grant CFDA93.991

$31,070

Public Health and Social Services Emergency Fund CFDA93.003

Refugee & Entrant Assistance Programs CFDA93.566

$1,002

Research on Healthcare Costs, Quality & Outcomes CFDA93.226

Social Services Block Grant CFDA 93.667

$267,446

Special Programs for the Aging Nutrition Services CFDA 93.045

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$214,921

State and Community Highway Safety CFDA20.600

Survey & Certification of Health Care Providers/Suppliers CFDA93.777

Substance Abuse and Mental Health Services, Projects of

Regional and National Significance

Supplemental Nutrition -Women Infants & Children CFDA10.557

Temporary Assistance for Needy Families

$10,533,752

Temporary Assistance for Needy Families Block Grant CFDA

$10,533,752

93.558

TOTAL AGENCY FUNDS

$4,994,294

Sales and Services

$4,994,294

Sales and Services Not Itemized

$4,994,294

TOTAL PUBLIC FUNDS

$201,462,475

$21,972,366
$346,557
$58,879,262 $31,070 $1,002 $267,446 $214,921
$10,533,752 $10,533,752
$4,994,294 $4,994,294 $4,994,294 $201,462,475

$97,063 $21,972,366
$1,500 $72,976
$8,332
$346,557 $111,262
$16,409,901 $170,741 $31,070 $7,937 $31,364 $682,990 $2,000 $824,881
$18,548,702 $3,500
$28,100 $7,064
$358,650 $13,203,339 $13,203,339
$5,634,603 $5,634,603 $5,634,603 $199,950,002

650

JOURNAL OF THE SENATE

203. Elder Abuse and Fraud Prevention

Appropriation (HB85)

The purpose is to heighten awareness of abuse of older individuals in community settings and to provide or facilitate access

to programs and services for victims.

TOTAL STATE FUNDS

$4,744

$4,744

$4,744

State General Funds

$4,744

$4,744

$4,744

TOTAL FEDERAL FUNDS

$95,389

$95,389

$95,389

Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041

$95,389

$95,389

$95,389

TOTAL PUBLIC FUNDS

$100,133

$100,133

$100,133

Elder Abuse and Fraud Prevention

Appropriation (HB1026)

The purpose is to heighten awareness of abuse of older individuals in community settings and to provide or facilitate access

to programs and services for victims.

TOTAL STATE FUNDS

$4,744

$4,744

$4,744

State General Funds

$4,744

$4,744

$4,744

TOTAL FEDERAL FUNDS

$95,389

$95,389

$95,389

Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041

$95,389

$95,389

$95,389

TOTAL PUBLIC FUNDS

$100,133

$100,133

$100,133

204. Emergency Preparedness/Bioterrorism

Appropriation (HB85)

The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies.

TOTAL STATE FUNDS

$2,566,602

$2,566,602

$2,566,602

State General Funds

$2,566,602

$2,566,602

$2,566,602

TOTAL PUBLIC FUNDS

$2,566,602

$2,566,602

$2,566,602

Statewide Changes

204.1 WC, GTA, and GBA

State General Funds

$4,693

$4,693

$4,693

Changes in How the Program is Funded

204.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

CDC-Investigations & Technical Assistance CFDA93.283

$22,417,605

Public Health and Social Services Emergency Fund CFDA93.003

$8,361,899

TOTAL PUBLIC FUNDS

$30,779,504

WEDNESDAY, FEBRUARY 15, 2006

651

Emergency Preparedness/Bioterrorism

Appropriation (HB1026)

The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies.

TOTAL STATE FUNDS

$2,571,295

$2,571,295

$2,571,295

State General Funds

$2,571,295

$2,571,295

$2,571,295

TOTAL FEDERAL FUNDS

$30,779,504

CDC-Investigations & Technical Assistance CFDA93.283

$22,417,605

Public Health and Social Services Emergency Fund CFDA93.003

$8,361,899

TOTAL PUBLIC FUNDS

$2,571,295

$2,571,295

$33,350,799

205. Energy Assistance

Appropriation (HB85)

The purpose is to assist low-income households in meeting their immediate home energy needs.

TOTAL STATE FUNDS

$747,816

$747,816

$747,816

State General Funds

$747,816

$747,816

$747,816

TOTAL FEDERAL FUNDS

$18,583,415

$18,583,415

$18,583,415

Low-Income Home Energy Assistance CFDA93.568

$18,583,415

$18,583,415

$18,583,415

TOTAL AGENCY FUNDS

$40,269

$40,269

$40,269

Sales and Services

$40,269

$40,269

$40,269

Patient Payments from Third Party Insurers per 31-2-2 and

$40,269

$40,269

$40,269

Patients

TOTAL PUBLIC FUNDS

$19,371,500

$19,371,500

$19,371,500

Changes in How the Program is Funded

205.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Low-Income Home Energy Assistance CFDA93.568

$40,269

$40,269

$40,269

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($40,269)

($40,269)

($40,269)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

205.2 Provide funds for energy assistance.

State General Funds

$4,150,000

$4,150,000

$4,150,000

Energy Assistance

Appropriation (HB1026)

The purpose is to assist low-income households in meeting their immediate home energy needs.

TOTAL STATE FUNDS

$4,897,816

$4,897,816

$4,897,816

State General Funds

$4,897,816

$4,897,816

$4,897,816

652

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$18,623,684

$18,623,684

$18,623,684

Low-Income Home Energy Assistance CFDA93.568

$18,623,684

$18,623,684

$18,623,684

TOTAL PUBLIC FUNDS

$23,521,500

$23,521,500

$23,521,500

206. Epidemiology

Appropriation (HB85)

The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern

in Georgia.

TOTAL STATE FUNDS

$4,705,651

$4,705,651

$4,705,651

State General Funds

$4,590,014

$4,590,014

$4,590,014

Tobacco Settlement Funds

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$372,341

$372,341

$372,341

Medical Assistance Program CFDA93.778

$159,960

$159,960

$159,960

Preventive Health & Health Services Block Grant CFDA93.991

$196,750

$196,750

$196,750

Supplemental Nutrition -Women Infants & Children CFDA10.557

$15,631

$15,631

$15,631

TOTAL PUBLIC FUNDS

$5,077,992

$5,077,992

$5,077,992

Statewide Changes

206.1 WC, GTA, and GBA

State General Funds

$2,596

$2,596

$2,596

Changes in How the Program is Funded

206.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

CDC-Investigations & Technical Assistance CFDA93.283

$2,026,395

Injury Prevention & Control Research & State & Community Based

$55,515

CFDA 93.136

Maternal and Child Health Federal Consolidated Programs

$73,808

CFDA93.11

Supplemental Nutrition -Women Infants & Children CFDA10.557

($15,631)

TOTAL PUBLIC FUNDS

$2,140,087

Epidemiology

Appropriation (HB1026)

The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern

in Georgia.

TOTAL STATE FUNDS

$4,708,247

$4,708,247

$4,708,247

WEDNESDAY, FEBRUARY 15, 2006

653

State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS CDC-Investigations & Technical Assistance CFDA93.283 Injury Prevention & Control Research & State & Community Based CFDA 93.136 Maternal and Child Health Federal Consolidated Programs CFDA93.11 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Supplemental Nutrition -Women Infants & Children CFDA10.557 TOTAL PUBLIC FUNDS

$4,592,610 $115,637 $372,341
$159,960 $196,750
$15,631 $5,080,588

$4,592,610 $115,637 $372,341
$159,960 $196,750 $15,631 $5,080,588

$4,592,610 $115,637
$2,512,428 $2,026,395
$55,515
$73,808
$159,960 $196,750
$7,220,675

207. Family Connection

Appropriation (HB85)

The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and

families.

TOTAL STATE FUNDS

$9,130,281

$9,130,281

$9,130,281

State General Funds

$9,130,281

$9,130,281

$9,130,281

TOTAL FEDERAL FUNDS

$1,475,000

$1,475,000

$1,475,000

Medical Assistance Program CFDA93.778

$275,000

$275,000

$275,000

Temporary Assistance for Needy Families

$1,200,000

$1,200,000

$1,200,000

Temporary Assistance for Needy Families Block Grant CFDA

$1,200,000

$1,200,000

$1,200,000

93.558

TOTAL PUBLIC FUNDS

$10,605,281

$10,605,281

$10,605,281

Family Connection

Appropriation (HB1026)

The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and

families.

TOTAL STATE FUNDS

$9,130,281

$9,130,281

$9,130,281

State General Funds

$9,130,281

$9,130,281

$9,130,281

TOTAL FEDERAL FUNDS

$1,475,000

$1,475,000

$1,475,000

Medical Assistance Program CFDA93.778

$275,000

$275,000

$275,000

654

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families

$1,200,000

$1,200,000

$1,200,000

Temporary Assistance for Needy Families Block Grant CFDA

$1,200,000

$1,200,000

$1,200,000

93.558

TOTAL PUBLIC FUNDS

$10,605,281

$10,605,281

$10,605,281

208. Family Violence Services

Appropriation (HB85)

The purpose is to provide safe shelter and related services for victims of family violence and their dependents.

TOTAL STATE FUNDS

$4,701,950

$4,701,950

$4,701,950

State General Funds

$4,701,950

$4,701,950

$4,701,950

TOTAL FEDERAL FUNDS

$3,845,813

$3,845,813

$3,845,813

Child Welfare Services - State Grants Title IV-B CFDA93.645

$122

$122

$122

Foster Care Title IV-E CFDA93.658

$280,447

$280,447

$280,447

Temporary Assistance for Needy Families

$3,565,244

$3,565,244

$3,565,244

Temporary Assistance for Needy Families Block Grant CFDA

$3,565,244

$3,565,244

$3,565,244

93.558

TOTAL AGENCY FUNDS

$3,617

$3,617

$3,617

Sales and Services

$3,617

$3,617

$3,617

Patient Payments from Third Party Insurers per 31-2-2 and

$3,617

$3,617

$3,617

Patients

TOTAL PUBLIC FUNDS

$8,551,380

$8,551,380

$8,551,380

Changes in Operations / Administration

208.2 Add funds to bring up to SFY 2005 cost levels.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$1,500,000

Changes in How the Program is Funded

208.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Child Welfare Services - State Grants Title IV-B CFDA93.645

($122)

($122)

($122)

Family Violence Prevention-Battered Women's Shelters CFDA93.671

$284,186

$284,186

$284,186

Foster Care Title IV-E CFDA93.658

($280,447)

($280,447)

($280,447)

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($3,617)

($3,617)

($3,617)

TOTAL PUBLIC FUNDS

$0

$0

$0

Family Violence Services

Appropriation (HB1026)

The purpose is to provide safe shelter and related services for victims of family violence and their dependents.

WEDNESDAY, FEBRUARY 15, 2006

655

TOTAL STATE FUNDS

$4,701,950

$4,701,950

$4,701,950

State General Funds

$4,701,950

$4,701,950

$4,701,950

TOTAL FEDERAL FUNDS

$3,849,430

$3,849,430

$5,349,430

Family Violence Prevention-Battered Women's Shelters

$284,186

$284,186

$284,186

CFDA93.671

Temporary Assistance for Needy Families

$3,565,244

$3,565,244

$5,065,244

Temporary Assistance for Needy Families Block Grant CFDA

$3,565,244

$3,565,244

$5,065,244

93.558

TOTAL PUBLIC FUNDS

$8,551,380

$8,551,380

$10,051,380

209. Food Stamp Program

Appropriation (HB85)

The purpose is to promote the nutritional well being of Georgia's low-income families and children.

TOTAL STATE FUNDS

$23,551,409

$23,551,409

$23,551,409

State General Funds

$23,551,409

$23,551,409

$23,551,409

TOTAL FEDERAL FUNDS

$27,568,389

$27,568,389

$27,568,389

Foster Care Title IV-E CFDA93.658

$1,904,941

$1,904,941

$1,904,941

State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $25,663,448 $25,663,448 $25,663,448

TOTAL AGENCY FUNDS

$2,125,153

$2,125,153

$2,125,153

Sales and Services

$2,125,153

$2,125,153

$2,125,153

Patient Payments from Third Party Insurers per 31-2-2 and

$2,125,153

$2,125,153

$2,125,153

Patients

TOTAL PUBLIC FUNDS

$53,244,951

$53,244,951

$53,244,951

Changes in Operations / Administration

209.1 Transfer federal funds from the Support for Needy Families - Administration and Family Assistance program to

reflect direct client services.

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$8,501,040

$8,501,040

$8,501,040

One-Time Expense

209.2 Provide funds to replace outdated information technology equipment.

State General Funds

$112,050

$112,050

$112,050

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$101,250

$101,250

$101,250

TOTAL PUBLIC FUNDS

$213,300

$213,300

$213,300

Changes in How the Program is Funded

656

JOURNAL OF THE SENATE

209.3 Supplant Medicaid Patient Pay Agency funds with federal funds.

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$2,125,153

$2,125,153

$2,125,153

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($2,125,153)

($2,125,153)

($2,125,153)

TOTAL PUBLIC FUNDS

$0

$0

$0

Food Stamp Program

Appropriation (HB1026)

The purpose is to promote the nutritional well being of Georgia's low-income families and children.

TOTAL STATE FUNDS

$23,663,459

$23,663,459

$23,663,459

State General Funds

$23,663,459

$23,663,459

$23,663,459

TOTAL FEDERAL FUNDS

$38,295,832

$38,295,832

$38,295,832

Foster Care Title IV-E CFDA93.658

$1,904,941

$1,904,941

$1,904,941

State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $36,390,891 $36,390,891 $36,390,891

TOTAL PUBLIC FUNDS

$61,959,291

$61,959,291

$61,959,291

210. Health Promotion and Disease Prevention (Wellness)

Appropriation (HB85)

The purpose is to improve or maintain the functional ability and health status of elderly Georgians.

TOTAL FEDERAL FUNDS

$480,015

$480,015

$480,015

Aging Supportive Services & Senior Centers CFDA93.044

$480,015

$480,015

$480,015

TOTAL PUBLIC FUNDS

$480,015

$480,015

$480,015

Health Promotion and Disease Prevention (Wellness)

Appropriation (HB1026)

The purpose is to improve or maintain the functional ability and health status of elderly Georgians.

TOTAL FEDERAL FUNDS

$480,015

$480,015

$480,015

Aging Supportive Services & Senior Centers CFDA93.044

$480,015

$480,015

$480,015

TOTAL PUBLIC FUNDS

$480,015

$480,015

$480,015

211. High Risk Pregnant Women and Infants

Appropriation (HB85)

The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as

possible in their pregnancy.

TOTAL STATE FUNDS

$5,000,049

$5,000,049

$5,000,049

State General Funds

$5,000,049

$5,000,049

$5,000,049

TOTAL FEDERAL FUNDS

$130,000

$130,000

$130,000

Maternal & Child Health Services Block Grant CFDA93.994

$130,000

$130,000

$130,000

TOTAL PUBLIC FUNDS

$5,130,049

$5,130,049

$5,130,049

WEDNESDAY, FEBRUARY 15, 2006

657

High Risk Pregnant Women and Infants

Appropriation (HB1026)

The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as

possible in their pregnancy.

TOTAL STATE FUNDS

$5,000,049

$5,000,049

$5,000,049

State General Funds

$5,000,049

$5,000,049

$5,000,049

TOTAL FEDERAL FUNDS

$130,000

$130,000

$130,000

Maternal & Child Health Services Block Grant CFDA93.994

$130,000

$130,000

$130,000

TOTAL PUBLIC FUNDS

$5,130,049

$5,130,049

$5,130,049

212. HIV/AIDS

Appropriation (HB85)

The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease.

TOTAL STATE FUNDS

$18,002,128

$18,002,128

$18,002,128

State General Funds

$16,775,461

$16,775,461

$16,775,461

Tobacco Settlement Funds

$1,226,667

$1,226,667

$1,226,667

TOTAL FEDERAL FUNDS

$6,879,211

$6,879,211

$6,879,211

HIV Care Formula Grants CFDA93.917

$2,578,954

$2,578,954

$2,578,954

HIV Prevention Activities-Health Department Based CFDA93.94

$3,634,743

$3,634,743

$3,634,743

HIV & AIDS Surveillance Programs CFDA93.944

$581,648

$581,648

$581,648

Maternal & Child Health Services Block Grant CFDA93.994

$83,866

$83,866

$83,866

TOTAL PUBLIC FUNDS

$24,881,339

$24,881,339

$24,881,339

Changes in How the Program is Funded

212.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

HIV Care Formula Grants CFDA93.917

$29,605,749

HIV Prevention Activities-Health Department Based CFDA93.94

$1,596,166

TOTAL PUBLIC FUNDS

$31,201,915

HIV/AIDS

Appropriation (HB1026)

The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease.

TOTAL STATE FUNDS

$18,002,128

$18,002,128

$18,002,128

State General Funds

$16,775,461

$16,775,461

$16,775,461

Tobacco Settlement Funds

$1,226,667

$1,226,667

$1,226,667

TOTAL FEDERAL FUNDS

$6,879,211

$6,879,211

$38,081,126

658

JOURNAL OF THE SENATE

HIV Care Formula Grants CFDA93.917

$2,578,954

$2,578,954

$32,184,703

HIV Prevention Activities-Health Department Based CFDA93.94

$3,634,743

$3,634,743

$5,230,909

HIV & AIDS Surveillance Programs CFDA93.944

$581,648

$581,648

$581,648

Maternal & Child Health Services Block Grant CFDA93.994

$83,866

$83,866

$83,866

TOTAL PUBLIC FUNDS

$24,881,339

$24,881,339

$56,083,254

213. Home and Community Based Services

Appropriation (HB85)

The purpose is to support and assist older Georgians so that they may live in their homes and communities.

TOTAL STATE FUNDS

$23,126,355

$23,126,355

$23,126,355

State General Funds

$19,317,769

$19,317,769

$19,317,769

Tobacco Settlement Funds

$3,808,586

$3,808,586

$3,808,586

TOTAL FEDERAL FUNDS

$29,077,234

$29,077,234

$29,077,234

Aging Supportive Services & Senior Centers CFDA93.044

$20,768,991

$20,768,991

$20,768,991

Senior Community Service Employment Program CFDA 17.235

$1,987,166

$1,987,166

$1,987,166

Social Services Block Grant CFDA 93.667

$3,786,430

$3,786,430

$3,786,430

Special Programs for the Aging Nutrition Services CFDA 93.045

$2,534,647

$2,534,647

$2,534,647

TOTAL PUBLIC FUNDS

$52,203,589

$52,203,589

$52,203,589

Changes in How the Program is Funded

213.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Crime Victim Assistance CFDA16.575

$56,575

Home and Community Based Services

Appropriation (HB1026)

The purpose is to support and assist older Georgians so that they may live in their homes and communities.

TOTAL STATE FUNDS

$23,126,355

$23,126,355

$23,126,355

State General Funds

$19,317,769

$19,317,769

$19,317,769

Tobacco Settlement Funds

$3,808,586

$3,808,586

$3,808,586

TOTAL FEDERAL FUNDS

$29,077,234

$29,077,234

$29,133,809

Aging Supportive Services & Senior Centers CFDA93.044

$20,768,991

$20,768,991

$20,768,991

Crime Victim Assistance CFDA16.575

$56,575

Senior Community Service Employment Program CFDA 17.235

$1,987,166

$1,987,166

$1,987,166

Social Services Block Grant CFDA 93.667

$3,786,430

$3,786,430

$3,786,430

Special Programs for the Aging Nutrition Services CFDA 93.045

$2,534,647

$2,534,647

$2,534,647

WEDNESDAY, FEBRUARY 15, 2006

659

TOTAL PUBLIC FUNDS

$52,203,589

$52,203,589

$52,260,164

214. Immunization

Appropriation (HB85)

The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$9,022,926

$9,022,926

$9,022,926

State General Funds

$9,022,926

$9,022,926

$9,022,926

TOTAL FEDERAL FUNDS

$8,769,874

$8,769,874

$8,769,874

Immunization Grants CFDA93.268

$1,303,416

$1,303,416

$1,303,416

Maternal & Child Health Services Block Grant CFDA93.994

$6,762,746

$6,762,746

$6,762,746

Preventive Health & Health Services Block Grant CFDA93.991

$703,712

$703,712

$703,712

TOTAL PUBLIC FUNDS

$17,792,800

$17,792,800

$17,792,800

Statewide Changes

214.1 WC, GTA, and GBA

State General Funds

$28,989

$28,989

$28,989

Changes in How the Program is Funded

214.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Immunization Grants CFDA93.268

$3,122,161

Immunization

Appropriation (HB1026)

The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$9,051,915

$9,051,915

$9,051,915

State General Funds

$9,051,915

$9,051,915

$9,051,915

TOTAL FEDERAL FUNDS

$8,769,874

$8,769,874

$11,892,035

Immunization Grants CFDA93.268

$1,303,416

$1,303,416

$4,425,577

Maternal & Child Health Services Block Grant CFDA93.994

$6,762,746

$6,762,746

$6,762,746

Preventive Health & Health Services Block Grant CFDA93.991

$703,712

$703,712

$703,712

TOTAL PUBLIC FUNDS

$17,821,789

$17,821,789

$20,943,950

215. Independent and Transitional Living Services

Appropriation (HB85)

The purpose is to provide a systematic approach for transitioning eligible youth in foster care.

TOTAL STATE FUNDS

$629,235

$629,235

$629,235

State General Funds

$629,235

$629,235

$629,235

TOTAL FEDERAL FUNDS

$3,675,208

$3,675,208

$3,675,208

660

JOURNAL OF THE SENATE

Chafee Foster Care Independence Program CFDA93.674

$1,593,827

$1,593,827

$1,593,827

Foster Care Title IV-E CFDA93.658

$2,081,381

$2,081,381

$2,081,381

TOTAL AGENCY FUNDS

$160,495

$160,495

$160,495

Sales and Services

$160,495

$160,495

$160,495

Patient Payments from Third Party Insurers per 31-2-2 and

$160,495

$160,495

$160,495

Patients

TOTAL PUBLIC FUNDS

$4,464,938

$4,464,938

$4,464,938

Changes in How the Program is Funded

215.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Chafee Foster Care Independence Program CFDA93.674

$160,495

$160,495

$160,495

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($160,495)

($160,495)

($160,495)

TOTAL PUBLIC FUNDS

$0

$0

$0

Independent and Transitional Living Services

Appropriation (HB1026)

The purpose is to provide a systematic approach for transitioning eligible youth in foster care.

TOTAL STATE FUNDS

$629,235

$629,235

$629,235

State General Funds

$629,235

$629,235

$629,235

TOTAL FEDERAL FUNDS

$3,835,703

$3,835,703

$3,835,703

Chafee Foster Care Independence Program CFDA93.674

$1,754,322

$1,754,322

$1,754,322

Foster Care Title IV-E CFDA93.658

$2,081,381

$2,081,381

$2,081,381

TOTAL PUBLIC FUNDS

$4,464,938

$4,464,938

$4,464,938

216. Infant and Child Health Services

Appropriation (HB85)

The purpose is to provide leadership and resources to communities to improve the health and well being of infants and

children and their families.

TOTAL STATE FUNDS

$15,069,179

$15,069,179

$15,069,179

State General Funds

$13,069,179

$13,069,179

$13,069,179

Tobacco Settlement Funds

$2,000,000

$2,000,000

$2,000,000

TOTAL FEDERAL FUNDS

$7,378,280

$7,378,280

$7,378,280

Maternal & Child Health Services Block Grant CFDA93.994

$1,370,688

$1,370,688

$1,370,688

Medical Assistance Program CFDA93.778

$5,383,258

$5,383,258

$5,383,258

National School Lunch Program CFDA10.555

$70,688

$70,688

$70,688

Preventive Health & Health Services Block Grant CFDA93.991

$369,396

$369,396

$369,396

WEDNESDAY, FEBRUARY 15, 2006

661

Supplemental Nutrition -Women Infants & Children CFDA10.557

$184,250

$184,250

$184,250

TOTAL PUBLIC FUNDS

$22,447,459

$22,447,459

$22,447,459

Infant and Child Health Services

Appropriation (HB1026)

The purpose is to provide leadership and resources to communities to improve the health and well being of infants and

children and their families.

TOTAL STATE FUNDS

$15,069,179

$15,069,179

$15,069,179

State General Funds

$13,069,179

$13,069,179

$13,069,179

Tobacco Settlement Funds

$2,000,000

$2,000,000

$2,000,000

TOTAL FEDERAL FUNDS

$7,378,280

$7,378,280

$7,378,280

Maternal & Child Health Services Block Grant CFDA93.994

$1,370,688

$1,370,688

$1,370,688

Medical Assistance Program CFDA93.778

$5,383,258

$5,383,258

$5,383,258

National School Lunch Program CFDA10.555

$70,688

$70,688

$70,688

Preventive Health & Health Services Block Grant CFDA93.991

$369,396

$369,396

$369,396

Supplemental Nutrition -Women Infants & Children CFDA10.557

$184,250

$184,250

$184,250

TOTAL PUBLIC FUNDS

$22,447,459

$22,447,459

$22,447,459

217. Injury Prevention

Appropriation (HB85)

The purpose is to reduce injury-related morbidity and mortality through building injury surveillance systems to guide data-

based decision making and strategic planning, building coalitions.

TOTAL STATE FUNDS

$277,393

$277,393

$277,393

State General Funds

$277,393

$277,393

$277,393

TOTAL FEDERAL FUNDS

$112,005

$112,005

$112,005

Preventive Health & Health Services Block Grant CFDA93.991

$112,005

$112,005

$112,005

TOTAL PUBLIC FUNDS

$389,398

$389,398

$389,398

Changes in How the Program is Funded

217.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Injury Prevention & Control Research & State & Community Based

$237,216

CFDA 93.136

State and Community Highway Safety CFDA20.600

$727,566

TOTAL PUBLIC FUNDS

$964,782

Injury Prevention

Appropriation (HB1026)

662

JOURNAL OF THE SENATE

The purpose is to reduce injury-related morbidity and mortality through building injury surveillance systems to guide data-

based decision making and strategic planning, building coalitions.

TOTAL STATE FUNDS

$277,393

$277,393

$277,393

State General Funds

$277,393

$277,393

$277,393

TOTAL FEDERAL FUNDS

$112,005

$112,005

$1,076,787

Injury Prevention & Control Research & State & Community

$237,216

Based CFDA 93.136

Preventive Health & Health Services Block Grant CFDA93.991

$112,005

$112,005

$112,005

State and Community Highway Safety CFDA20.600

$727,566

TOTAL PUBLIC FUNDS

$389,398

$389,398

$1,354,180

218. Laboratory Services

Appropriation (HB85)

The purpose is to provide clinical and environmental testing necessary for public health programs, to assist in controlling

infectious diseases and to identify conditions such as metabolic diseases and disorders.

TOTAL STATE FUNDS

$10,179,952

$10,179,952

$10,179,952

State General Funds

$10,179,952

$10,179,952

$10,179,952

TOTAL FEDERAL FUNDS

$546,104

$546,104

$546,104

Medical Assistance Program CFDA93.778

$546,104

$546,104

$546,104

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$10,876,056

$10,876,056

$10,876,056

Changes in Operations / Administration

218.1 Reduce funding due to the delayed opening of the public health laboratory in Waycross.

State General Funds

($685,735)

($685,735)

($685,735)

Changes in How the Program is Funded

218.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

CDC-Investigations & Technical Assistance CFDA93.283

$75,438

Laboratory Services

Appropriation (HB1026)

The purpose is to provide clinical and environmental testing necessary for public health programs, to assist in controlling

infectious diseases and to identify conditions such as metabolic diseases and disorders.

WEDNESDAY, FEBRUARY 15, 2006

663

TOTAL STATE FUNDS

$9,494,217

$9,494,217

$9,494,217

State General Funds

$9,494,217

$9,494,217

$9,494,217

TOTAL FEDERAL FUNDS

$546,104

$546,104

$621,542

CDC-Investigations & Technical Assistance CFDA93.283

$75,438

Medical Assistance Program CFDA93.778

$546,104

$546,104

$546,104

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$10,190,321

$10,190,321

$10,265,759

219. Medicaid Eligibility Determination

Appropriation (HB85)

The purpose is to promote access to health care for low income families, children, and pregnant women.

TOTAL STATE FUNDS

$25,683,414

$25,683,414

$25,683,414

State General Funds

$25,683,414

$25,683,414

$25,683,414

TOTAL FEDERAL FUNDS

$22,668,459

$22,668,459

$22,668,459

Medical Assistance Program CFDA93.778

$22,668,459

$22,668,459

$22,668,459

TOTAL AGENCY FUNDS

$1,709,341

$1,709,341

$1,709,341

Sales and Services

$1,709,341

$1,709,341

$1,709,341

Patient Payments from Third Party Insurers per 31-2-2 and

$1,709,341

$1,709,341

$1,709,341

Patients

TOTAL PUBLIC FUNDS

$50,061,214

$50,061,214

$50,061,214

One-Time Expense

219.1 Provide funds to replace outdated information technology equipment.

State General Funds

$137,950

$137,950

$137,950

Medical Assistance Program CFDA93.778

$127,150

$127,150

$127,150

TOTAL PUBLIC FUNDS

$265,100

$265,100

$265,100

Changes in How the Program is Funded

219.2 Supplant Medicaid Patient Pay Agency funds with federal funds.

Medical Assistance Program CFDA93.778

$1,709,341

$1,709,341

$1,709,341

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($1,709,341)

($1,709,341)

($1,709,341)

TOTAL PUBLIC FUNDS

$0

$0

$0

Medicaid Eligibility Determination

Appropriation (HB1026)

664

JOURNAL OF THE SENATE

The purpose is to promote access to health care for low income families, children, and pregnant women.

TOTAL STATE FUNDS

$25,821,364

$25,821,364

$25,821,364

State General Funds

$25,821,364

$25,821,364

$25,821,364

TOTAL FEDERAL FUNDS

$24,504,950

$24,504,950

$24,504,950

Medical Assistance Program CFDA93.778

$24,504,950

$24,504,950

$24,504,950

TOTAL PUBLIC FUNDS

$50,326,314

$50,326,314

$50,326,314

220. Out of Home Care

Appropriation (HB85)

The purpose is to provide safe and appropriate temporary substitute homes for children.

TOTAL STATE FUNDS

$148,321,478 $148,321,478 $148,321,478

State General Funds

$148,321,478 $148,321,478 $148,321,478

TOTAL FEDERAL FUNDS

$118,203,127 $118,203,127 $118,203,127

Child Welfare Services - State Grants Title IV-B CFDA93.645

$4,561,186

$4,561,186

$4,561,186

Foster Care Title IV-E CFDA93.658

$23,655,642

$23,655,642

$23,655,642

Medical Assistance Program CFDA93.778

$33,493,500

$33,493,500

$33,493,500

Social Services Block Grant CFDA 93.667

$3,600,000

$3,600,000

$3,600,000

Temporary Assistance for Needy Families

$52,892,799

$52,892,799

$52,892,799

Temporary Assistance for Needy Families Block Grant CFDA

$52,892,799

$52,892,799

$52,892,799

93.558

TOTAL AGENCY FUNDS

$32,925,589

$32,925,589

$32,925,589

Sales and Services

$32,925,589

$32,925,589

$32,925,589

Patient Payments from Third Party Insurers per 31-2-2 and

$32,925,589

$32,925,589

$32,925,589

Patients

TOTAL PUBLIC FUNDS

$299,450,194 $299,450,194 $299,450,194

Changes in Operations / Administration

220.1 Transfer funds to the Child Protective Services program for child protective services investigations.

Social Services Block Grant CFDA 93.667

($3,600,000)

($3,600,000)

($3,600,000)

One-Time Expense

220.3 Reflect Level of Care Deficit of $35 million. Reduce deficit by $15 million by changing utilization and rates. Add

funds to cover remaining need.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$20,000,000

WEDNESDAY, FEBRUARY 15, 2006

665

Changes in How the Program is Funded

220.2 Supplant Medicaid Patient Pay Agency funds with federal funds.

Foster Care Title IV-E CFDA93.658

$6,237,858

$6,237,858

$6,237,858

Medical Assistance Program CFDA93.778

($26,568,686) ($26,568,686) ($26,568,686)

Patient Payments from Third Party Insurers per 31-2-2 and Patients

$20,330,828

$20,330,828

$20,330,828

TOTAL PUBLIC FUNDS

$0

$0

$0

220.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Child Welfare Services - State Grants Title IV-B CFDA93.645

($3,075,186)

Medical Assistance Program CFDA93.778

($6,924,814)

Promoting Safe and Stable Families CFDA 93.556

$10,000,000

TOTAL PUBLIC FUNDS

$0

220.5 Adjust funding to SFY 2005 cost levels.

Social Services Block Grant CFDA 93.667

$265,446

Out of Home Care

Appropriation (HB1026)

The purpose is to provide safe and appropriate temporary substitute homes for children.

TOTAL STATE FUNDS

$148,321,478 $148,321,478 $148,321,478

State General Funds

$148,321,478 $148,321,478 $148,321,478

TOTAL FEDERAL FUNDS

$94,272,299

$94,272,299 $114,537,745

Child Welfare Services - State Grants Title IV-B CFDA93.645

$4,561,186

$4,561,186

$1,486,000

Foster Care Title IV-E CFDA93.658

$29,893,500

$29,893,500

$29,893,500

Medical Assistance Program CFDA93.778

$6,924,814

$6,924,814

Promoting Safe and Stable Families CFDA 93.556

$10,000,000

Social Services Block Grant CFDA 93.667

$265,446

Temporary Assistance for Needy Families

$52,892,799

$52,892,799

$72,892,799

Temporary Assistance for Needy Families Block Grant CFDA

$52,892,799

$52,892,799

$72,892,799

93.558

TOTAL AGENCY FUNDS

$53,256,417

$53,256,417

$53,256,417

Sales and Services

$53,256,417

$53,256,417

$53,256,417

Patient Payments from Third Party Insurers per 31-2-2 and

$53,256,417

$53,256,417

$53,256,417

Patients

666

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$295,850,194 $295,850,194 $316,115,640

221. Outdoor Therapeutic Program

Appropriation (HB85)

The purpose is to serve children and youth with behavioral and/or emotional problems in therapeutic wilderness settings to

promote positive changes in behavior that results in improved functioning in daily life and strengthens family or substitute

family involvement and returns the child or adolescent to the community.

TOTAL STATE FUNDS

$3,294,177

$3,294,177

$3,294,177

State General Funds

$3,294,177

$3,294,177

$3,294,177

TOTAL FEDERAL FUNDS

$3,105

$3,105

$3,105

Medical Assistance Program CFDA93.778

$3,105

$3,105

$3,105

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$937,587

$937,587

$937,587

Agency to Agency Contracts

$937,587

$937,587

$937,587

TOTAL PUBLIC FUNDS

$4,234,869

$4,234,869

$4,234,869

Changes in How the Program is Funded

221.1 Reclassify federal funds as agency funds to reflect correct program fund distribution.

Medical Assistance Program CFDA93.778

($3,105)

($3,105)

($3,105)

Patient Payments from Third Party Insurers per 31-2-2 and Patients

$3,105

$3,105

$3,105

TOTAL PUBLIC FUNDS

$0

$0

$0

Outdoor Therapeutic Program

Appropriation (HB1026)

The purpose is to serve children and youth with behavioral and/or emotional problems in therapeutic wilderness settings to

promote positive changes in behavior that results in improved functioning in daily life and strengthens family or substitute

family involvement and returns the child or adolescent to the community.

TOTAL STATE FUNDS

$3,294,177

$3,294,177

$3,294,177

State General Funds

$3,294,177

$3,294,177

$3,294,177

TOTAL AGENCY FUNDS

$3,105

$3,105

$3,105

Sales and Services

$3,105

$3,105

$3,105

Patient Payments from Third Party Insurers per 31-2-2 and

$3,105

$3,105

$3,105

Patients

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$937,587

$937,587

$937,587

Agency to Agency Contracts

$937,587

$937,587

$937,587

TOTAL PUBLIC FUNDS

$4,234,869

$4,234,869

$4,234,869

WEDNESDAY, FEBRUARY 15, 2006

667

222. Post Adoption Services

Appropriation (HB85)

The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families.

TOTAL STATE FUNDS

$1,890,746

$1,890,746

$1,890,746

State General Funds

$1,890,746

$1,890,746

$1,890,746

TOTAL FEDERAL FUNDS

$940,404

$940,404

$940,404

Adoption Assistance CFDA93.659

$940,404

$940,404

$940,404

TOTAL PUBLIC FUNDS

$2,831,150

$2,831,150

$2,831,150

Post Adoption Services

Appropriation (HB1026)

The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families.

TOTAL STATE FUNDS

$1,890,746

$1,890,746

$1,890,746

State General Funds

$1,890,746

$1,890,746

$1,890,746

TOTAL FEDERAL FUNDS

$940,404

$940,404

$940,404

Adoption Assistance CFDA93.659

$940,404

$940,404

$940,404

TOTAL PUBLIC FUNDS

$2,831,150

$2,831,150

$2,831,150

223. Pre-Adoption Services

Appropriation (HB85)

The purpose is to provide services that ensure the safe and appropriate placement of adoptable children.

TOTAL STATE FUNDS

$3,528,273

$3,528,273

$3,528,273

State General Funds

$3,528,273

$3,528,273

$3,528,273

TOTAL FEDERAL FUNDS

$1,872,356

$1,872,356

$1,872,356

Adoption Assistance CFDA93.659

$1,872,356

$1,872,356

$1,872,356

TOTAL PUBLIC FUNDS

$5,400,629

$5,400,629

$5,400,629

Pre-Adoption Services

Appropriation (HB1026)

The purpose is to provide services that ensure the safe and appropriate placement of adoptable children.

TOTAL STATE FUNDS

$3,528,273

$3,528,273

$3,528,273

State General Funds

$3,528,273

$3,528,273

$3,528,273

TOTAL FEDERAL FUNDS

$1,872,356

$1,872,356

$1,872,356

Adoption Assistance CFDA93.659

$1,872,356

$1,872,356

$1,872,356

TOTAL PUBLIC FUNDS

$5,400,629

$5,400,629

$5,400,629

224. Refugee Health Program

Appropriation (HB85)

The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care.

TOTAL STATE FUNDS

$3,656,336

$3,656,336

$3,656,336

668

JOURNAL OF THE SENATE

State General Funds

$3,656,336

$3,656,336

$3,656,336

TOTAL FEDERAL FUNDS

$118,690

$118,690

$118,690

Refugee & Entrant Assistance Discretionary Grants CFDA93.576

$118,690

$118,690

$118,690

TOTAL PUBLIC FUNDS

$3,775,026

$3,775,026

$3,775,026

Changes in How the Program is Funded

224.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Refugee & Entrant Assistance Discretionary Grants CFDA93.576

$1,000

Refugee & Entrant Assistance Programs CFDA93.566

$406,993

TOTAL PUBLIC FUNDS

$407,993

Refugee Health Program

Appropriation (HB1026)

The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care.

TOTAL STATE FUNDS

$3,656,336

$3,656,336

$3,656,336

State General Funds

$3,656,336

$3,656,336

$3,656,336

TOTAL FEDERAL FUNDS

$118,690

$118,690

$526,683

Refugee & Entrant Assistance Discretionary Grants CFDA93.576

$118,690

$118,690

$119,690

Refugee & Entrant Assistance Programs CFDA93.566

$406,993

TOTAL PUBLIC FUNDS

$3,775,026

$3,775,026

$4,183,019

225. Refugee Resettlement

Appropriation (HB85)

The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support.

TOTAL STATE FUNDS

$515,660

$515,660

$515,660

State General Funds

$515,660

$515,660

$515,660

TOTAL FEDERAL FUNDS

$3,103,467

$3,103,467

$3,103,467

Refugee & Entrant Assistance Programs CFDA93.566

$3,103,467

$3,103,467

$3,103,467

TOTAL AGENCY FUNDS

$80,538

$80,538

$80,538

Sales and Services

$80,538

$80,538

$80,538

Patient Payments from Third Party Insurers per 31-2-2 and

$80,538

$80,538

$80,538

Patients

TOTAL PUBLIC FUNDS

$3,699,665

$3,699,665

$3,699,665

Changes in How the Program is Funded

225.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

WEDNESDAY, FEBRUARY 15, 2006

669

Refugee & Entrant Assistance Programs CFDA93.566

$80,538

$80,538

$80,538

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($80,538)

($80,538)

($80,538)

TOTAL PUBLIC FUNDS

$0

$0

$0

Refugee Resettlement

Appropriation (HB1026)

The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support.

TOTAL STATE FUNDS

$515,660

$515,660

$515,660

State General Funds

$515,660

$515,660

$515,660

TOTAL FEDERAL FUNDS

$3,184,005

$3,184,005

$3,184,005

Refugee & Entrant Assistance Programs CFDA93.566

$3,184,005

$3,184,005

$3,184,005

TOTAL PUBLIC FUNDS

$3,699,665

$3,699,665

$3,699,665

226. Regulatory Compliance

Appropriation (HB85)

The purpose is to protect children receiving care outside of their own homes in child-caring institutions, outdoor

therapeutic programs, and child-placing agencies through licensing activities and regular inspections.

TOTAL STATE FUNDS

$22,387,123

$22,387,123

$22,387,123

State General Funds

$22,387,123

$22,387,123

$22,387,123

TOTAL FEDERAL FUNDS

$8,225,540

$8,225,540

$8,225,540

CMS Research, Demonstrations & Evaluations CFDA93.779

$6,533,524

$6,533,524

$6,533,524

CCDF Mandatory & Matching Funds CFDA93.596

$780

$780

$780

Maternal & Child Health Services Block Grant CFDA93.994

$194,703

$194,703

$194,703

Medical Assistance Program CFDA93.778

$12,257

$12,257

$12,257

Preventive Health & Health Services Block Grant CFDA93.991

$1,484,276

$1,484,276

$1,484,276

TOTAL PUBLIC FUNDS

$30,612,663

$30,612,663

$30,612,663

Statewide Changes

226.1 WC, GTA, and GBA

State General Funds

$16,489

$16,489

$16,489

Regulatory Compliance

Appropriation (HB1026)

The purpose is to protect children receiving care outside of their own homes in child-caring institutions, outdoor

therapeutic programs, and child-placing agencies through licensing activities and regular inspections.

TOTAL STATE FUNDS

$22,403,612

$22,403,612

$22,403,612

State General Funds

$22,403,612

$22,403,612

$22,403,612

TOTAL FEDERAL FUNDS

$8,225,540

$8,225,540

$8,225,540

670

JOURNAL OF THE SENATE

CMS Research, Demonstrations & Evaluations CFDA93.779 CCDF Mandatory & Matching Funds CFDA93.596 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS

$6,533,524 $780
$194,703 $12,257
$1,484,276 $30,629,152

$6,533,524 $780
$194,703 $12,257 $1,484,276 $30,629,152

$6,533,524 $780
$194,703 $12,257 $1,484,276 $30,629,152

227. Sexually Transmitted Diseases Treatment and Control

Appropriation (HB85)

The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health

screening, partner notification, and treatment.

TOTAL STATE FUNDS

$4,480,066

$4,480,066

$4,480,066

State General Funds

$4,480,066

$4,480,066

$4,480,066

TOTAL FEDERAL FUNDS

$2,297,423

$2,297,423

$2,297,423

Preventive Services-Sexually Transmitted Diseases Control

$2,297,423

$2,297,423

$2,297,423

CFDA93.977

TOTAL PUBLIC FUNDS

$6,777,489

$6,777,489

$6,777,489

Changes in How the Program is Funded

227.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Preventive Health & Health Services Block Grant CFDA93.991

$1,054,763

Sexually Transmitted Diseases Treatment and Control

Appropriation (HB1026)

The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health

screening, partner notification, and treatment.

TOTAL STATE FUNDS

$4,480,066

$4,480,066

$4,480,066

State General Funds

$4,480,066

$4,480,066

$4,480,066

TOTAL FEDERAL FUNDS

$2,297,423

$2,297,423

$3,352,186

Preventive Health & Health Services Block Grant CFDA93.991

$1,054,763

Preventive Services-Sexually Transmitted Diseases Control

$2,297,423

$2,297,423

$2,297,423

CFDA93.977

TOTAL PUBLIC FUNDS

$6,777,489

$6,777,489

$7,832,252

WEDNESDAY, FEBRUARY 15, 2006

671

228. State Hospital Facilities

Appropriation (HB85)

The purpose is to provide services that enhance functioning of consumers, including special therapies (speech, occupational

therapy, physical therapy, activity therapy), pharmacy, volunteer services, dental, x-ray, medical records, housekeeping,

laundry, lab, security, meal preparation, supplies, maintenance, and the fire safety.

TOTAL STATE FUNDS

$61,482,028

$61,482,028

$61,482,028

State General Funds

$61,482,028

$61,482,028

$61,482,028

TOTAL FEDERAL FUNDS

$5,720,524

$5,720,524

$5,720,524

Medicare - Hospital Insurance CFDA93.773

$1,115,408

$1,115,408

$1,115,408

Medicare - Supplementary Medical Insurance Program

$4,605,116

$4,605,116

$4,605,116

CFDA93.774

TOTAL AGENCY FUNDS

$2,935,696

$2,935,696

$2,935,696

Sales and Services

$2,935,696

$2,935,696

$2,935,696

Patient Payments from Third Party Insurers per 31-2-2 and

$2,883,249

$2,883,249

$2,883,249

Patients

Sales and Services Not Itemized

$52,447

$52,447

$52,447

TOTAL PUBLIC FUNDS

$70,138,248

$70,138,248

$70,138,248

One-Time Expense

228.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program).

State General Funds

$2,783,840

$2,505,456

$2,783,840

State Hospital Facilities

Appropriation (HB1026)

The purpose is to provide services that enhance functioning of consumers, including special therapies (speech, occupational

therapy, physical therapy, activity therapy), pharmacy, volunteer services, dental, x-ray, medical records, housekeeping,

laundry, lab, security, meal preparation, supplies, maintenance, and the fire safety.

TOTAL STATE FUNDS

$64,265,868

$63,987,484

$64,265,868

State General Funds

$64,265,868

$63,987,484

$64,265,868

TOTAL FEDERAL FUNDS

$5,720,524

$5,720,524

$5,720,524

Medicare - Hospital Insurance CFDA93.773

$1,115,408

$1,115,408

$1,115,408

Medicare - Supplementary Medical Insurance Program

$4,605,116

$4,605,116

$4,605,116

CFDA93.774

TOTAL AGENCY FUNDS

$2,935,696

$2,935,696

$2,935,696

Sales and Services

$2,935,696

$2,935,696

$2,935,696

672

JOURNAL OF THE SENATE

Patient Payments from Third Party Insurers per 31-2-2 and

$2,883,249

$2,883,249

$2,883,249

Patients

Sales and Services Not Itemized

$52,447

$52,447

$52,447

TOTAL PUBLIC FUNDS

$72,922,088

$72,643,704

$72,922,088

229. State Hospital Facilities - Direct Care and Support

Appropriation (HB85)

The purpose is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS

$94,448,798

$94,448,798

$94,448,798

State General Funds

$94,448,798

$94,448,798

$94,448,798

TOTAL FEDERAL FUNDS

$6,120,300

$6,120,300

$6,120,300

Medicare - Supplementary Medical Insurance Program

$4,499,653

$4,499,653

$4,499,653

CFDA93.774

National School Lunch Program CFDA10.555

$239,438

$239,438

$239,438

Special Ed-Infants & Families with Disabilities CFDA84.181

$1,381,209

$1,381,209

$1,381,209

TOTAL AGENCY FUNDS

$42,343,798

$42,343,798

$42,343,798

Sales and Services

$42,343,798

$42,343,798

$42,343,798

Patient Payments from Third Party Insurers per 31-2-2 and

$41,319,414

$41,319,414

$41,319,414

Patients

Sales and Services Not Itemized

$1,024,384

$1,024,384

$1,024,384

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,092,954

$5,092,954

$5,092,954

Agency to Agency Contracts

$5,092,954

$5,092,954

$5,092,954

TOTAL PUBLIC FUNDS

$148,005,850 $148,005,850 $148,005,850

One-Time Expense

229.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program).

State General Funds

$4,155,214

$3,739,692

$4,155,214

State Hospital Facilities - Direct Care and Support Services

Appropriation (HB1026)

The purpose is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS

$98,604,012

$98,188,490

$98,604,012

State General Funds

$98,604,012

$98,188,490

$98,604,012

TOTAL FEDERAL FUNDS

$6,120,300

$6,120,300

$6,120,300

Medicare - Supplementary Medical Insurance Program

$4,499,653

$4,499,653

$4,499,653

CFDA93.774

WEDNESDAY, FEBRUARY 15, 2006

673

National School Lunch Program CFDA10.555

$239,438

$239,438

$239,438

Special Ed-Infants & Families with Disabilities CFDA84.181

$1,381,209

$1,381,209

$1,381,209

TOTAL AGENCY FUNDS

$42,343,798

$42,343,798

$42,343,798

Sales and Services

$42,343,798

$42,343,798

$42,343,798

Patient Payments from Third Party Insurers per 31-2-2 and

$41,319,414

$41,319,414

$41,319,414

Patients

Sales and Services Not Itemized

$1,024,384

$1,024,384

$1,024,384

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,092,954

$5,092,954

$5,092,954

Agency to Agency Contracts

$5,092,954

$5,092,954

$5,092,954

TOTAL PUBLIC FUNDS

$152,161,064 $151,745,542 $152,161,064

230. State Hospital Facilities - Other Care

Appropriation (HB85)

The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning.

TOTAL STATE FUNDS

$35,713,500

$35,713,500

$35,713,500

State General Funds

$35,713,500

$35,713,500

$35,713,500

TOTAL FEDERAL FUNDS

$161,867

$161,867

$161,867

Medicare - Supplementary Medical Insurance Program

$161,867

$161,867

$161,867

CFDA93.774

TOTAL AGENCY FUNDS

$53,767,732

$53,767,732

$53,767,732

Sales and Services

$53,767,732

$53,767,732

$53,767,732

Sales and Services Not Itemized

$53,767,732

$53,767,732

$53,767,732

TOTAL PUBLIC FUNDS

$89,643,099

$89,643,099

$89,643,099

One-Time Expense

230.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program).

State General Funds

$1,621,412

$1,459,270

$1,621,412

State Hospital Facilities - Other Care

Appropriation (HB1026)

The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning.

TOTAL STATE FUNDS

$37,334,912

$37,172,770

$37,334,912

State General Funds

$37,334,912

$37,172,770

$37,334,912

TOTAL FEDERAL FUNDS

$161,867

$161,867

$161,867

Medicare - Supplementary Medical Insurance Program

$161,867

$161,867

$161,867

CFDA93.774

674

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$53,767,732

$53,767,732

$53,767,732

Sales and Services

$53,767,732

$53,767,732

$53,767,732

Sales and Services Not Itemized

$53,767,732

$53,767,732

$53,767,732

TOTAL PUBLIC FUNDS

$91,264,511

$91,102,369

$91,264,511

231. State Hospital Facilities - Specialty Care

Appropriation (HB85)

The purpose is to provide education and health promotion related to intentional and unintentional injuries.

TOTAL STATE FUNDS

$1,495,494

$1,495,494

$1,495,494

State General Funds

$1,495,494

$1,495,494

$1,495,494

TOTAL FEDERAL FUNDS

$14,551

$14,551

$14,551

Medicare - Supplementary Medical Insurance Program

$14,551

$14,551

$14,551

CFDA93.774

TOTAL AGENCY FUNDS

$1,547,240

$1,547,240

$1,547,240

Sales and Services

$1,547,240

$1,547,240

$1,547,240

Patient Payments from Third Party Insurers per 31-2-2 and

$1,547,240

$1,547,240

$1,547,240

Patients

TOTAL PUBLIC FUNDS

$3,057,285

$3,057,285

$3,057,285

One-Time Expense

231.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program).

State General Funds

$19,534

$17,580

$19,534

State Hospital Facilities - Specialty Care

Appropriation (HB1026)

The purpose is to provide education and health promotion related to intentional and unintentional injuries.

TOTAL STATE FUNDS

$1,515,028

$1,513,074

$1,515,028

State General Funds

$1,515,028

$1,513,074

$1,515,028

TOTAL FEDERAL FUNDS

$14,551

$14,551

$14,551

Medicare - Supplementary Medical Insurance Program

$14,551

$14,551

$14,551

CFDA93.774

TOTAL AGENCY FUNDS

$1,547,240

$1,547,240

$1,547,240

Sales and Services

$1,547,240

$1,547,240

$1,547,240

Patient Payments from Third Party Insurers per 31-2-2 and

$1,547,240

$1,547,240

$1,547,240

Patients

TOTAL PUBLIC FUNDS

$3,076,819

$3,074,865

$3,076,819

WEDNESDAY, FEBRUARY 15, 2006

675

232. Substance Abuse Prevention

Appropriation (HB85)

The purpose is to promote the health and well-being of children, youth, families and communities through preventing the

use and/or abuse of alcohol, tobacco and drugs.

TOTAL STATE FUNDS

$669,605

$669,605

$669,605

State General Funds

$669,605

$669,605

$669,605

TOTAL FEDERAL FUNDS

$10,512,485

$10,512,485

$10,512,485

Prevention & Treatment of Substance Abuse Block Grant

$10,192,088

$10,192,088

$10,192,088

CFDA93.959

Safe and Drug-free Schools and Communities CFDA84.186

$320,397

$320,397

$320,397

TOTAL PUBLIC FUNDS

$11,182,090

$11,182,090

$11,182,090

Changes in How the Program is Funded

232.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Prevention & Treatment of Substance Abuse Block Grant

$1,320,111

CFDA93.959

Safe and Drug-free Schools and Communities CFDA84.186

$72,731

Substance Abuse and Mental Health Services, Projects of Regional

$281,956

and National Significance

TOTAL PUBLIC FUNDS

$1,674,798

Substance Abuse Prevention

Appropriation (HB1026)

The purpose is to promote the health and well-being of children, youth, families and communities through preventing the

use and/or abuse of alcohol, tobacco and drugs.

TOTAL STATE FUNDS

$669,605

$669,605

$669,605

State General Funds

$669,605

$669,605

$669,605

TOTAL FEDERAL FUNDS

$10,512,485

$10,512,485

$12,187,283

Prevention & Treatment of Substance Abuse Block Grant

$10,192,088

$10,192,088

$11,512,199

CFDA93.959

Safe and Drug-free Schools and Communities CFDA84.186

$320,397

$320,397

$393,128

Substance Abuse and Mental Health Services, Projects of

$281,956

Regional and National Significance

TOTAL PUBLIC FUNDS

$11,182,090

$11,182,090

$12,856,888

676

JOURNAL OF THE SENATE

233. Support for Needy Families - Administration and Family

Appropriation (HB85)

Assistance

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$17,069,906

$17,069,906

$17,069,906

State General Funds

$17,069,906

$17,069,906

$17,069,906

TOTAL FEDERAL FUNDS

$51,340,811

$51,340,811

$51,340,811

Adoption Assistance CFDA93.659

$1,316,099

$1,316,099

$1,316,099

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

Medical Assistance Program CFDA93.778

$9,905,211

$9,905,211

$9,905,211

State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $10,643,225 $10,643,225 $10,643,225

Temporary Assistance for Needy Families

$12,291,093

$12,291,093

$12,291,093

Temporary Assistance for Needy Families Block Grant CFDA

$12,291,093

$12,291,093

$12,291,093

93.558

TOTAL AGENCY FUNDS

$2,786,034

$2,786,034

$2,786,034

Sales and Services

$2,786,034

$2,786,034

$2,786,034

Patient Payments from Third Party Insurers per 31-2-2 and

$2,786,034

$2,786,034

$2,786,034

Patients

TOTAL PUBLIC FUNDS

$71,196,751

$71,196,751

$71,196,751

Changes in Operations / Administration

233.1 Transfer funds for After School Care Expansion activities from Child Care and Parent Services.

State General Funds

$4,000,000

$4,000,000

$0

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $10,000,000 $10,000,000

$0

TOTAL PUBLIC FUNDS

$14,000,000

$14,000,000

$0

233.2 Transfer funds to the Food Stamp Program to reflect direct client services.

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

($8,501,040)

($8,501,040)

($8,501,040)

233.7 Reduce administration to reflect SFY 2005 cost allocation.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($9,300,000)

One-Time Expense

233.3 Provide funds to replace outdated information technology equipment.

Medical Assistance Program CFDA93.778

$21,600

$21,600

$21,600

WEDNESDAY, FEBRUARY 15, 2006

677

233.8 Reward Office of Family Independence staff for achieving a TANF Welfare to Work bonus of $4,003,411 and being

cited by federal administrators as a model state for work participation activities. Bonus contingent on continued receipt of

performance bonus.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$2,000,000

Changes in How the Program is Funded

233.4 Supplant Medicaid Patient Pay Agency funds with federal funds.

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $2,786,034

$2,786,034

$0

Patient Payments from Third Party Insurers per 31-2-2 and Patients

($2,786,034)

($2,786,034)

$0

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

233.5 Transfer funds to the Support for Needy Families - Work Assistance program for education and training of Temporary

Assistance for Needy Families recipients.

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

($2,142,185)

($2,142,185)

($2,142,185)

233.9 Add funds for food bank assistance.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$1,000,000

Support for Needy Families - Administration and Family

Appropriation (HB1026)

Assistance

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$21,069,906

$21,069,906

$17,069,906

State General Funds

$21,069,906

$21,069,906

$17,069,906

TOTAL FEDERAL FUNDS

$53,505,220

$53,505,220

$34,419,186

Adoption Assistance CFDA93.659

$1,316,099

$1,316,099

$1,316,099

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

Medical Assistance Program CFDA93.778

$9,926,811

$9,926,811

$9,926,811

Temporary Assistance for Needy Families

$25,077,127

$25,077,127

$5,991,093

Temporary Assistance for Needy Families Block Grant CFDA

$25,077,127

$25,077,127

$5,991,093

93.558

TOTAL AGENCY FUNDS

$2,786,034

Sales and Services

$2,786,034

Patient Payments from Third Party Insurers per 31-2-2 and Patients

$2,786,034

TOTAL PUBLIC FUNDS

$74,575,126

$74,575,126

$54,275,126

678

JOURNAL OF THE SENATE

234. Support for Needy Families - Basic Assistance

Appropriation (HB85)

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$14,400,000

$14,400,000

$14,400,000

State General Funds

$14,400,000

$14,400,000

$14,400,000

TOTAL FEDERAL FUNDS

$94,788,339

$94,788,339

$94,788,339

Temporary Assistance for Needy Families

$74,788,339

$74,788,339

$74,788,339

Temporary Assistance for Needy Families Block Grant CFDA

$74,788,339

$74,788,339

$74,788,339

93.558

Temporary Assistance for Needy Families Unobligated Balance

$20,000,000

$20,000,000

$20,000,000

TOTAL AGENCY FUNDS

$20,000,000

$20,000,000

$20,000,000

Contributions, Donations, and Forfeitures

$20,000,000

$20,000,000

$20,000,000

TANF Maintenance-of-Effort from External Sources

$20,000,000

$20,000,000

$20,000,000

TOTAL PUBLIC FUNDS

$129,188,339 $129,188,339 $129,188,339

Changes in How the Program is Funded

234.1 Refinance TANF Unobligated Balances with block grant funds to maximize federal fund usage

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$14,004,629

Temporary Assistance for Needy Families Unobligated Balance

($14,004,629)

TOTAL PUBLIC FUNDS

$0

Changes in the Size of the Program

234.2 Reduce funding for cash assistance based on declining caseloads.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($17,500,000)

Support for Needy Families - Basic Assistance

Appropriation (HB1026)

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$14,400,000

$14,400,000

$14,400,000

State General Funds

$14,400,000

$14,400,000

$14,400,000

TOTAL FEDERAL FUNDS

$94,788,339

$94,788,339

$77,288,339

Temporary Assistance for Needy Families

$74,788,339

$74,788,339

$71,292,968

Temporary Assistance for Needy Families Block Grant CFDA

$74,788,339

$74,788,339

$71,292,968

93.558

Temporary Assistance for Needy Families Unobligated Balance

$20,000,000

$20,000,000

$5,995,371

TOTAL AGENCY FUNDS

$20,000,000

$20,000,000

$20,000,000

WEDNESDAY, FEBRUARY 15, 2006

679

Contributions, Donations, and Forfeitures

$20,000,000

$20,000,000

$20,000,000

TANF Maintenance-of-Effort from External Sources

$20,000,000

$20,000,000

$20,000,000

TOTAL PUBLIC FUNDS

$129,188,339 $129,188,339 $111,688,339

235. Support for Needy Families - Work Assistance

Appropriation (HB85)

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$26,000,000

$26,000,000

$26,000,000

State General Funds

$26,000,000

$26,000,000

$26,000,000

TOTAL FEDERAL FUNDS

$19,130,279

$19,130,279

$19,130,279

Temporary Assistance for Needy Families

$19,130,279

$19,130,279

$19,130,279

Temporary Assistance for Needy Families Block Grant CFDA

$19,130,279

$19,130,279

$19,130,279

93.558

TOTAL PUBLIC FUNDS

$45,130,279

$45,130,279

$45,130,279

Changes in Operations / Administration

235.1 Adjust Grants to Counties funding for eligibility activities to SFY 2005 cost levels.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$16,100,000

Changes in the Size of the Program

235.2 Transfer funds from the Support for Needy Families - Administration and Family Assistance program for education

and training of Temporary Assistance for Needy Families recipients.

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$2,142,185

$2,142,185

$2,142,185

Support for Needy Families - Work Assistance

Appropriation (HB1026)

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$26,000,000

$26,000,000

$26,000,000

State General Funds

$26,000,000

$26,000,000

$26,000,000

TOTAL FEDERAL FUNDS

$21,272,464

$21,272,464

$37,372,464

State Admin. Matching Grants-Food Stamp Program CFDA 10.561

$2,142,185

$2,142,185

$2,142,185

Temporary Assistance for Needy Families

$19,130,279

$19,130,279

$35,230,279

Temporary Assistance for Needy Families Block Grant CFDA

$19,130,279

$19,130,279

$35,230,279

93.558

TOTAL PUBLIC FUNDS

$47,272,464

$47,272,464

$63,372,464

236. Tobacco Use Prevention

Appropriation (HB85)

680

JOURNAL OF THE SENATE

The purpose is to reduce the number of youth and adults who smoke, reduce exposure to secondhand smoke, and decrease

the occurrence of tobacco-related illness through prevention initiatives.

TOTAL STATE FUNDS

$2,211,034

$2,211,034

$2,211,034

State General Funds

$61,159

$61,159

$61,159

Tobacco Settlement Funds

$2,149,875

$2,149,875

$2,149,875

TOTAL PUBLIC FUNDS

$2,211,034

$2,211,034

$2,211,034

Tobacco Use Prevention

Appropriation (HB1026)

The purpose is to reduce the number of youth and adults who smoke, reduce exposure to secondhand smoke, and decrease

the occurrence of tobacco-related illness through prevention initiatives.

TOTAL STATE FUNDS

$2,211,034

$2,211,034

$2,211,034

State General Funds

$61,159

$61,159

$61,159

Tobacco Settlement Funds

$2,149,875

$2,149,875

$2,149,875

TOTAL PUBLIC FUNDS

$2,211,034

$2,211,034

$2,211,034

237. Tuberculosis Treatment and Control

Appropriation (HB85)

The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of

disease due to tuberculosis.

TOTAL STATE FUNDS

$7,404,277

$7,404,277

$7,404,277

State General Funds

$7,404,277

$7,404,277

$7,404,277

TOTAL FEDERAL FUNDS

$1,613,061

$1,613,061

$1,613,061

Grants & Agreements for Tuberculosis Control Programs

$1,613,061

$1,613,061

$1,613,061

CFDA93.116

TOTAL PUBLIC FUNDS

$9,017,338

$9,017,338

$9,017,338

Changes in How the Program is Funded

237.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Grants & Agreements for Tuberculosis Control Programs

$508,607

CFDA93.116

Tuberculosis Treatment and Control

Appropriation (HB1026)

The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of

disease due to tuberculosis.

TOTAL STATE FUNDS

$7,404,277

$7,404,277

$7,404,277

WEDNESDAY, FEBRUARY 15, 2006

681

State General Funds

$7,404,277

$7,404,277

$7,404,277

TOTAL FEDERAL FUNDS

$1,613,061

$1,613,061

$2,121,668

Grants & Agreements for Tuberculosis Control Programs

$1,613,061

$1,613,061

$2,121,668

CFDA93.116

TOTAL PUBLIC FUNDS

$9,017,338

$9,017,338

$9,525,945

238. Vital Records

Appropriation (HB85)

The purpose of this program is to register, code, enter, and archive all vital records and associated documents (birth, death,

fetal death, induced termination of pregnancy, marriage).

TOTAL STATE FUNDS

$2,064,090

$2,064,090

$2,064,090

State General Funds

$2,064,090

$2,064,090

$2,064,090

TOTAL FEDERAL FUNDS

$288,204

$288,204

$288,204

Research on Healthcare Costs, Quality & Outcomes CFDA93.226

$288,204

$288,204

$288,204

TOTAL PUBLIC FUNDS

$2,352,294

$2,352,294

$2,352,294

Changes in How the Program is Funded

238.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Research on Healthcare Costs, Quality & Outcomes CFDA93.226

$260,000

Vital Records

Appropriation (HB1026)

The purpose of this program is to register, code, enter, and archive all vital records and associated documents (birth, death,

fetal death, induced termination of pregnancy, marriage).

TOTAL STATE FUNDS

$2,064,090

$2,064,090

$2,064,090

State General Funds

$2,064,090

$2,064,090

$2,064,090

TOTAL FEDERAL FUNDS

$288,204

$288,204

$548,204

Research on Healthcare Costs, Quality & Outcomes CFDA93.226

$288,204

$288,204

$548,204

TOTAL PUBLIC FUNDS

$2,352,294

$2,352,294

$2,612,294

239. Women, Infants and Children

Appropriation (HB85)

The purpose is an adjunct to prenatal and postpartum care during critical periods of growth.

TOTAL FEDERAL FUNDS

$84,978,869

$84,978,869

$84,978,869

Supplemental Nutrition -Women Infants & Children CFDA10.557

$84,978,869

$84,978,869

$84,978,869

TOTAL PUBLIC FUNDS

$84,978,869

$84,978,869

$84,978,869

Changes in How the Program is Funded

682

JOURNAL OF THE SENATE

239.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Supplemental Nutrition -Women Infants & Children CFDA10.557

$147,496,262

Women, Infants and Children

Appropriation (HB1026)

The purpose is an adjunct to prenatal and postpartum care during critical periods of growth.

TOTAL FEDERAL FUNDS

$84,978,869

$84,978,869 $232,475,131

Supplemental Nutrition -Women Infants & Children CFDA10.557

$84,978,869

$84,978,869 $232,475,131

TOTAL PUBLIC FUNDS

$84,978,869

$84,978,869 $232,475,131

240. Women's Health Services

Appropriation (HB85)

The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants.

TOTAL STATE FUNDS

$8,910,650

$8,910,650

$8,910,650

State General Funds

$8,910,650

$8,910,650

$8,910,650

TOTAL FEDERAL FUNDS

$19,098,161

$19,098,161

$19,098,161

Family Planning Services CFDA93.217

$6,207,725

$6,207,725

$6,207,725

Maternal & Child Health Services Block Grant CFDA93.994

$470,537

$470,537

$470,537

Medical Assistance Program CFDA93.778

$335,432

$335,432

$335,432

Preventive Health & Health Services Block Grant CFDA93.991

$41,694

$41,694

$41,694

Supplemental Nutrition -Women Infants & Children CFDA10.557

$184,250

$184,250

$184,250

Temporary Assistance for Needy Families

$11,858,523

$11,858,523

$11,858,523

Temporary Assistance for Needy Families Block Grant CFDA

$11,858,523

$11,858,523

$11,858,523

93.558

TOTAL PUBLIC FUNDS

$28,008,811

$28,008,811

$28,008,811

Changes in How the Program is Funded

240.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Maternal and Child Health Federal Consolidated Programs

$426,896

CFDA93.11

Women's Health Services

Appropriation (HB1026)

The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants.

TOTAL STATE FUNDS

$8,910,650

$8,910,650

$8,910,650

State General Funds

$8,910,650

$8,910,650

$8,910,650

WEDNESDAY, FEBRUARY 15, 2006

683

TOTAL FEDERAL FUNDS

$19,098,161

$19,098,161

$19,525,057

Family Planning Services CFDA93.217

$6,207,725

$6,207,725

$6,207,725

Maternal and Child Health Federal Consolidated Programs

$426,896

CFDA93.11

Maternal & Child Health Services Block Grant CFDA93.994

$470,537

$470,537

$470,537

Medical Assistance Program CFDA93.778

$335,432

$335,432

$335,432

Preventive Health & Health Services Block Grant CFDA93.991

$41,694

$41,694

$41,694

Supplemental Nutrition -Women Infants & Children CFDA10.557

$184,250

$184,250

$184,250

Temporary Assistance for Needy Families

$11,858,523

$11,858,523

$11,858,523

Temporary Assistance for Needy Families Block Grant CFDA

$11,858,523

$11,858,523

$11,858,523

93.558

TOTAL PUBLIC FUNDS

$28,008,811

$28,008,811

$28,435,707

241. Council on Aging

Appropriation (HB85)

The purpose is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving

safe, healthy, independent and self-reliant lives.

TOTAL STATE FUNDS

$148,951

$148,951

$148,951

State General Funds

$148,951

$148,951

$148,951

TOTAL PUBLIC FUNDS

$148,951

$148,951

$148,951

Council on Aging

Appropriation (HB1026)

The purpose is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving

safe, healthy, independent and self-reliant lives.

TOTAL STATE FUNDS

$148,951

$148,951

$148,951

State General Funds

$148,951

$148,951

$148,951

TOTAL PUBLIC FUNDS

$148,951

$148,951

$148,951

242. Brain and Spinal Injury Trust Fund

Appropriation (HB85)

The purpose is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to

citizens of the state who have survived brain or spinal cord injuries.

TOTAL STATE FUNDS

$3,000,000

$3,000,000

$3,000,000

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

TOTAL PUBLIC FUNDS

$3,000,000

$3,000,000

$3,000,000

Statewide Changes

684

JOURNAL OF THE SENATE

242.1 WC, GTA, and GBA

State General Funds

$499

$499

$499

Brain and Spinal Injury Trust Fund

Appropriation (HB1026)

The purpose is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to

citizens of the state who have survived brain or spinal cord injuries.

TOTAL STATE FUNDS

$3,000,499

$3,000,499

$3,000,499

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

State General Funds

$499

$499

$499

TOTAL PUBLIC FUNDS

$3,000,499

$3,000,499

$3,000,499

243. Children's Trust Fund Commission

Appropriation (HB85)

The purpose is to support the establishment of community-based educational and service programs designed to reduce the

occurrence of child abuse and neglect.

TOTAL STATE FUNDS

$6,932,873

$6,932,873

$6,932,873

State General Funds

$5,660,703

$5,660,703

$5,660,703

Tobacco Settlement Funds

$1,272,170

$1,272,170

$1,272,170

TOTAL PUBLIC FUNDS

$6,932,873

$6,932,873

$6,932,873

Statewide Changes

243.1 WC, GTA, and GBA

State General Funds

$333

$333

$333

Children's Trust Fund Commission

Appropriation (HB1026)

The purpose is to support the establishment of community-based educational and service programs designed to reduce the

occurrence of child abuse and neglect.

TOTAL STATE FUNDS

$6,933,206

$6,933,206

$6,933,206

State General Funds

$5,661,036

$5,661,036

$5,661,036

Tobacco Settlement Funds

$1,272,170

$1,272,170

$1,272,170

TOTAL PUBLIC FUNDS

$6,933,206

$6,933,206

$6,933,206

244. Developmental Disabilities, Governor's Council on

Appropriation (HB85)

The purpose is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$29,241

$29,241

$29,241

State General Funds

$29,241

$29,241

$29,241

TOTAL FEDERAL FUNDS

$2,248,393

$2,248,393

$2,248,393

WEDNESDAY, FEBRUARY 15, 2006

685

Developmental Disabilities Basic Support & Advocacy

$2,248,393

$2,248,393

$2,248,393

CFDA93.630

TOTAL PUBLIC FUNDS

$2,277,634

$2,277,634

$2,277,634

Developmental Disabilities, Governor's Council on

Appropriation (HB1026)

The purpose is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$29,241

$29,241

$29,241

State General Funds

$29,241

$29,241

$29,241

TOTAL FEDERAL FUNDS

$2,248,393

$2,248,393

$2,248,393

Developmental Disabilities Basic Support & Advocacy

$2,248,393

$2,248,393

$2,248,393

CFDA93.630

TOTAL PUBLIC FUNDS

$2,277,634

$2,277,634

$2,277,634

All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standards of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the Maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568.

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

686

JOURNAL OF THE SENATE

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in

amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 28: Insurance, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$16,814,408

$16,814,408

$16,814,408

State General Funds

$16,814,408

$16,814,408

$16,814,408

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

Manufactured Home Construction & Safety Standards

$755,000

$755,000

$755,000

CFDA14.171

Medicare - Hospital Insurance CFDA93.773

$199,555

$199,555

$199,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$17,850,908

$17,850,908

$17,850,908

Final Section Totals

TOTAL STATE FUNDS

$16,825,711

$16,825,711

$16,825,711

State General Funds

$16,825,711

$16,825,711

$16,825,711

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

Manufactured Home Construction & Safety Standards

$755,000

$755,000

$755,000

CFDA14.171

Medicare - Hospital Insurance CFDA93.773

$199,555

$199,555

$199,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$17,862,211

$17,862,211

$17,862,211

245. Departmental Administration

Appropriation (HB85)

The purpose is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions

and maintain a fire safe environment.

TOTAL STATE FUNDS

$2,203,831

$2,203,831

$2,203,831

State General Funds

$2,203,831

$2,203,831

$2,203,831

TOTAL PUBLIC FUNDS

$2,203,831

$2,203,831

$2,203,831

Statewide Changes

245.1 WC, GTA, and GBA

State General Funds

$1,545

$1,545

$1,545

Departmental Administration

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

687

The purpose is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions

and maintain a fire safe environment.

TOTAL STATE FUNDS

$2,205,376

$2,205,376

$2,205,376

State General Funds

$2,205,376

$2,205,376

$2,205,376

TOTAL PUBLIC FUNDS

$2,205,376

$2,205,376

$2,205,376

246. Enforcement

Appropriation (HB85)

The purpose is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of

state law relating to insurance, industrial loan, fire safety and fraud.

TOTAL STATE FUNDS

$767,482

$767,482

$767,482

State General Funds

$767,482

$767,482

$767,482

TOTAL PUBLIC FUNDS

$767,482

$767,482

$767,482

Statewide Changes

246.1 WC, GTA, and GBA

State General Funds

$518

$518

$518

Enforcement

Appropriation (HB1026)

The purpose is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of

state law relating to insurance, industrial loan, fire safety and fraud.

TOTAL STATE FUNDS

$768,000

$768,000

$768,000

State General Funds

$768,000

$768,000

$768,000

TOTAL PUBLIC FUNDS

$768,000

$768,000

$768,000

247. Fire Safety

Appropriation (HB85)

The purpose is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and

property.

TOTAL STATE FUNDS

$4,955,173

$4,955,173

$4,955,173

State General Funds

$4,955,173

$4,955,173

$4,955,173

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

Manufactured Home Construction & Safety Standards

$755,000

$755,000

$755,000

CFDA14.171

Medicare - Hospital Insurance CFDA93.773

$199,555

$199,555

$199,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

Agency to Agency Contracts

$81,945

$81,945

$81,945

688

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$5,991,673

$5,991,673

$5,991,673

Statewide Changes

247.1 WC, GTA, and GBA

State General Funds

$3,318

$3,318

$3,318

Fire Safety

Appropriation (HB1026)

The purpose is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and

property.

TOTAL STATE FUNDS

$4,958,491

$4,958,491

$4,958,491

State General Funds

$4,958,491

$4,958,491

$4,958,491

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

Manufactured Home Construction & Safety Standards

$755,000

$755,000

$755,000

CFDA14.171

Medicare - Hospital Insurance CFDA93.773

$199,555

$199,555

$199,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

Agency to Agency Contracts

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$5,994,991

$5,994,991

$5,994,991

248. Industrial Loan

Appropriation (HB85)

The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans

of $3,000 or less.

TOTAL STATE FUNDS

$688,827

$688,827

$688,827

State General Funds

$688,827

$688,827

$688,827

TOTAL PUBLIC FUNDS

$688,827

$688,827

$688,827

Statewide Changes

248.1 WC, GTA, and GBA

State General Funds

$463

$463

$463

Industrial Loan

Appropriation (HB1026)

The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans

of $3,000 or less.

TOTAL STATE FUNDS

$689,290

$689,290

$689,290

State General Funds

$689,290

$689,290

$689,290

TOTAL PUBLIC FUNDS

$689,290

$689,290

$689,290

WEDNESDAY, FEBRUARY 15, 2006

689

249. Insurance Regulation

Appropriation (HB85)

The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules,

regulations, and standards.

TOTAL STATE FUNDS

$5,396,059

$5,396,059

$5,396,059

State General Funds

$5,396,059

$5,396,059

$5,396,059

TOTAL PUBLIC FUNDS

$5,396,059

$5,396,059

$5,396,059

Statewide Changes

249.1 WC, GTA, and GBA

State General Funds

$3,717

$3,717

$3,717

Insurance Regulation

Appropriation (HB1026)

The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules,

regulations, and standards.

TOTAL STATE FUNDS

$5,399,776

$5,399,776

$5,399,776

State General Funds

$5,399,776

$5,399,776

$5,399,776

TOTAL PUBLIC FUNDS

$5,399,776

$5,399,776

$5,399,776

250. Special Fraud

Appropriation (HB85)

The purpose is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS

$2,803,036

$2,803,036

$2,803,036

State General Funds

$2,803,036

$2,803,036

$2,803,036

TOTAL PUBLIC FUNDS

$2,803,036

$2,803,036

$2,803,036

Statewide Changes

250.1 WC, GTA, and GBA

State General Funds

$1,742

$1,742

$1,742

Special Fraud

Appropriation (HB1026)

The purpose is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS

$2,804,778

$2,804,778

$2,804,778

State General Funds

$2,804,778

$2,804,778

$2,804,778

TOTAL PUBLIC FUNDS

$2,804,778

$2,804,778

$2,804,778

Section 29: Investigation, Georgia Bureau of

Section Total (HB85)

TOTAL STATE FUNDS

$62,410,151

$62,410,151

$62,410,151

690

JOURNAL OF THE SENATE

State General Funds TOTAL FEDERAL FUNDS
Byrne Formula Grant Program CFDA16.579 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Crime Laboratory Improvement-DNA Backlog Reduction CFDA16.564 Crime Victim Assistance CFDA16.575 Crime Victim Assistance/Discretionary Grants CFDA16.582 Crime Victim Compensation CFDA16.576 Local Law Enforcement Block Grants Program CFDA16.592 Offender Reentry Program CFDA16.202 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Rural Domestic Violence & Child Victimization CFDA16.589 State Justice Statistics-Statistical Analysis Centers CFDA16.550 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration&Truth in Sentencing CFDA16.586 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Asset Forfeiture CFDA99.OFA Byrne Formula Grant Program CFDA16.579 Children's Justice Grants to States CFDA 93.643 Community Prosecution & Project Safe Neighborhoods
CFDA16.609

$62,410,151 $29,876,675 $11,038,527
$158,788

$62,410,151 $29,876,675 $11,038,527
$158,788

$127,909

$127,909

$10,608,946 $51,446
$160,677 $96,333
$500,000 $1,092,888

$10,608,946 $51,446 $160,677 $96,333 $500,000
$1,092,888

$177,373

$177,373

$50,000

$50,000

$3,500,000

$3,500,000

$2,313,788

$2,313,788

$4,671,438

$4,671,438

$4,671,438

$4,671,438

$96,958,264

$96,958,264

Final Section Totals

$62,575,557

$62,575,557

$62,575,557

$62,575,557

$29,876,675

$29,876,675

$11,038,527

$11,038,527

$158,788

$158,788

$62,410,151 $29,876,675 $11,038,527
$158,788
$127,909
$10,608,946 $51,446 $160,677 $96,333 $500,000
$1,092,888
$177,373 $50,000 $3,500,000 $2,313,788 $4,671,438 $4,671,438 $96,958,264
$63,075,557 $63,075,557 $59,775,752
$195,127 $19,537,670
$48,852 $158,788

WEDNESDAY, FEBRUARY 15, 2006
Crime Laboratory Improvement-DNA Backlog Reduction CFDA16.564
Crime Victim Assistance CFDA16.575 Crime Victim Assistance/Discretionary Grants CFDA16.582 Crime Victim Compensation CFDA16.576 Drug-Free Communities Support Program Grants CFDA93.276 Injury Prevention & Control Research & State & Community Based CFDA 93.136 Local Law Enforcement Block Grants Program CFDA16.592 Missing Children's Assistance CFDA16.543 National Criminal History Improvement Program CFDA16.554 Nat'l Institute of Justice Research Evaluation & Development CFDA16.560 Offender Reentry Program CFDA16.202 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Rural Domestic Violence & Child Victimization CFDA16.589 Social Security Disability Insurance CFDA 96.001 State and Community Highway Safety CFDA20.600 State Domestic Preparedness Equipment Support CFDA97.004 State Justice Statistics-Statistical Analysis Centers CFDA16.550 State Medicaid Fraud Control Units CFDA 93.775 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration&Truth in Sentencing CFDA16.586 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS 251. Bureau Administration

691

$127,909

$127,909

$127,909

$10,608,946 $51,446
$160,677

$10,608,946 $51,446 $160,677

$10,648,946 $51,446 $160,677
$151,627 $6,517

$96,333

$96,333

$846,170 $148,151 $1,607,960 $311,371

$500,000 $1,092,888

$500,000 $1,092,888

$500,000 $1,092,888

$177,373

$177,373

$177,373

$16,521

$24,828

$16,449,511

$50,000

$50,000

$50,000

$1,305,438

$3,500,000

$3,500,000

$3,844,194

$2,313,788

$2,313,788

$2,313,788

$4,671,438

$4,671,438

$8,903,344

$170,542

$4,671,438

$4,671,438

$8,732,802

$13,453

$97,123,670

$97,123,670 $131,768,106

Appropriation (HB85)

692

JOURNAL OF THE SENATE

The purpose is to provide the highest quality investigative, scientific, information services, and resources for the purpose of

maintaining law and order and protecting life and property.

TOTAL STATE FUNDS

$9,463,895

$9,463,895

$9,463,895

State General Funds

$9,463,895

$9,463,895

$9,463,895

TOTAL PUBLIC FUNDS

$9,463,895

$9,463,895

$9,463,895

Statewide Changes

251.1 WC, GTA, and GBA

State General Funds

$5,650

$5,650

$5,650

One-Time Expense

251.2 Replace boiler at GBI headquarters.

State General Funds

$100,000

$100,000

$100,000

Changes in the Size of the Program

251.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for management training, garage for bomb trucks and the Employee Assistance Program.

Asset Forfeiture CFDA99.OFA

$103,000

Bureau Administration

Appropriation (HB1026)

The purpose is to provide the highest quality investigative, scientific, information services, and resources for the purpose of

maintaining law and order and protecting life and property.

TOTAL STATE FUNDS

$9,569,545

$9,569,545

$9,569,545

State General Funds

$9,569,545

$9,569,545

$9,569,545

TOTAL FEDERAL FUNDS

$103,000

Asset Forfeiture CFDA99.OFA

$103,000

TOTAL PUBLIC FUNDS

$9,569,545

$9,569,545

$9,672,545

252. Centralized Scientific Services

Appropriation (HB85)

The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS

$12,160,701

$12,160,701

$12,160,701

State General Funds

$12,160,701

$12,160,701

$12,160,701

TOTAL PUBLIC FUNDS

$12,160,701

$12,160,701

$12,160,701

Statewide Changes

252.1 WC, GTA, and GBA

State General Funds

$13,840

$13,840

$13,840

WEDNESDAY, FEBRUARY 15, 2006

693

One-Time Expense

252.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in agency funds

received from reimbursements for medical investigative services.

Rebates, Refunds, and Reimbursements Not Itemized

$152,009

Changes in the Size of the Program

252.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from various grants.

Byrne Formula Grant Program CFDA16.579

$323,304

Children's Justice Grants to States CFDA 93.643

$48,852

Injury Prevention & Control Research & State & Community Based

$6,517

CFDA 93.136

Nat'l Institute of Justice Research Evaluation & Development

$311,371

CFDA16.560

State and Community Highway Safety CFDA20.600

$24,828

TOTAL PUBLIC FUNDS

$714,872

Centralized Scientific Services

Appropriation (HB1026)

The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS

$12,174,541

$12,174,541

$12,174,541

State General Funds

$12,174,541

$12,174,541

$12,174,541

TOTAL FEDERAL FUNDS

$714,872

Byrne Formula Grant Program CFDA16.579

$323,304

Children's Justice Grants to States CFDA 93.643

$48,852

Injury Prevention & Control Research & State & Community

$6,517

Based CFDA 93.136

Nat'l Institute of Justice Research Evaluation & Development

$311,371

CFDA16.560

State and Community Highway Safety CFDA20.600

$24,828

TOTAL AGENCY FUNDS

$152,009

Rebates, Refunds, and Reimbursements

$152,009

Rebates, Refunds, and Reimbursements Not Itemized

$152,009

TOTAL PUBLIC FUNDS

$12,174,541

$12,174,541

$13,041,422

694

JOURNAL OF THE SENATE

253. Criminal Justice Information Services

Appropriation (HB85)

The purpose is to provide fingerprint identification and processing of criminal history source documents to create and

update criminal history records.

TOTAL STATE FUNDS

$9,252,470

$9,252,470

$9,252,470

State General Funds

$9,252,470

$9,252,470

$9,252,470

TOTAL PUBLIC FUNDS

$9,252,470

$9,252,470

$9,252,470

Statewide Changes

253.1 WC, GTA, and GBA

State General Funds

$9,911

$9,911

$9,911

Changes in the Size of the Program

253.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for work units, homeland security projects, telephone system upgrade, and computer-based training.

Asset Forfeiture CFDA99.OFA

$72,649

Byrne Formula Grant Program CFDA16.579

$493,456

National Criminal History Improvement Program CFDA16.554

$1,607,960

State Domestic Preparedness Equipment Support CFDA97.004

$12,074,034

TOTAL PUBLIC FUNDS

$14,248,099

Criminal Justice Information Services

Appropriation (HB1026)

The purpose is to provide fingerprint identification and processing of criminal history source documents to create and

update criminal history records.

TOTAL STATE FUNDS

$9,262,381

$9,262,381

$9,262,381

State General Funds

$9,262,381

$9,262,381

$9,262,381

TOTAL FEDERAL FUNDS

$14,248,099

Asset Forfeiture CFDA99.OFA

$72,649

Byrne Formula Grant Program CFDA16.579

$493,456

National Criminal History Improvement Program CFDA16.554

$1,607,960

State Domestic Preparedness Equipment Support CFDA97.004

$12,074,034

TOTAL PUBLIC FUNDS

$9,262,381

$9,262,381

$23,510,480

254. Georgia Information Sharing and Analysis Center

Appropriation (HB85)

The purpose is to assist all officials and agencies of the criminal justice system in the fulfillment of their varied

responsibilities on a statewide basis by providing round-the-clock access to needed information.

WEDNESDAY, FEBRUARY 15, 2006

695

TOTAL STATE FUNDS

$775,258

$775,258

$775,258

State General Funds

$775,258

$775,258

$775,258

TOTAL PUBLIC FUNDS

$775,258

$775,258

$775,258

Statewide Changes

254.1 WC, GTA, and GBA

State General Funds

$990

$990

$990

Changes in the Size of the Program

254.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

awarded for homeland security projects..

Byrne Formula Grant Program CFDA16.579

$401,147

State Domestic Preparedness Equipment Support CFDA97.004

$679,329

TOTAL PUBLIC FUNDS

$1,080,476

Georgia Information Sharing and Analysis Center

Appropriation (HB1026)

The purpose is to assist all officials and agencies of the criminal justice system in the fulfillment of their varied

responsibilities on a statewide basis by providing round-the-clock access to needed information.

TOTAL STATE FUNDS

$776,248

$776,248

$776,248

State General Funds

$776,248

$776,248

$776,248

TOTAL FEDERAL FUNDS

$1,080,476

Byrne Formula Grant Program CFDA16.579

$401,147

State Domestic Preparedness Equipment Support CFDA97.004

$679,329

TOTAL PUBLIC FUNDS

$776,248

$776,248

$1,856,724

255. Regional Forensic Services

Appropriation (HB85)

The purpose is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS

$7,926,106

$7,926,106

$7,926,106

State General Funds

$7,926,106

$7,926,106

$7,926,106

TOTAL PUBLIC FUNDS

$7,926,106

$7,926,106

$7,926,106

Statewide Changes

255.1 WC, GTA, and GBA

State General Funds

$8,901

$8,901

$8,901

Regional Forensic Services

Appropriation (HB1026)

The purpose is to provide pathology services to determine cause and manner of death.

696

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$7,935,007

$7,935,007

$7,935,007

State General Funds

$7,935,007

$7,935,007

$7,935,007

TOTAL PUBLIC FUNDS

$7,935,007

$7,935,007

$7,935,007

256. Regional Investigative Services

Appropriation (HB85)

The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS

$19,213,518

$19,213,518

$19,213,518

State General Funds

$19,213,518

$19,213,518

$19,213,518

TOTAL PUBLIC FUNDS

$19,213,518

$19,213,518

$19,213,518

Statewide Changes

256.1 WC, GTA, and GBA

State General Funds

$22,833

$22,833

$22,833

One-Time Expense

256.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

received from insurance recovery to pay for a replacement vehicle.

Rebates, Refunds, and Reimbursements Not Itemized

$18,533

Changes in the Size of the Program

256.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds to pay for the assessment center promotion board, management training, federal overtime,

and a radio operator position.

Asset Forfeiture CFDA99.OFA

$19,478

Byrne Formula Grant Program CFDA16.579

$1,239,236

Local Law Enforcement Block Grants Program CFDA16.592

$22,500

Missing Children's Assistance CFDA16.543

$148,151

Social Security Disability Insurance CFDA 96.001

$16,521

Agency to Agency Contracts

$13,453

TOTAL PUBLIC FUNDS

$1,459,339

Regional Investigative Services

Appropriation (HB1026)

The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS

$19,236,351

$19,236,351

$19,236,351

State General Funds

$19,236,351

$19,236,351

$19,236,351

TOTAL FEDERAL FUNDS

$1,445,886

WEDNESDAY, FEBRUARY 15, 2006

697

Asset Forfeiture CFDA99.OFA

$19,478

Byrne Formula Grant Program CFDA16.579

$1,239,236

Local Law Enforcement Block Grants Program CFDA16.592

$22,500

Missing Children's Assistance CFDA16.543

$148,151

Social Security Disability Insurance CFDA 96.001

$16,521

TOTAL AGENCY FUNDS

$18,533

Rebates, Refunds, and Reimbursements

$18,533

Rebates, Refunds, and Reimbursements Not Itemized

$18,533

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$13,453

Agency to Agency Contracts

$13,453

TOTAL PUBLIC FUNDS

$19,236,351

$19,236,351

$20,714,223

257. Special Operations Unit

Appropriation (HB85)

Personnel respond on a statewide basis in order to render safe explosive devices of all types. Members of the unit also

assist in the identification, arrest and prosecution of individuals.

TOTAL STATE FUNDS

$673,951

$673,951

$673,951

State General Funds

$673,951

$673,951

$673,951

TOTAL PUBLIC FUNDS

$673,951

$673,951

$673,951

Statewide Changes

257.1 WC, GTA, and GBA

State General Funds

$788

$788

$788

Changes in the Size of the Program

257.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

awarded for homeland security projects.

State Domestic Preparedness Equipment Support CFDA97.004

$3,696,148

Special Operations Unit

Appropriation (HB1026)

Personnel respond on a statewide basis in order to render safe explosive devices of all types. Members of the unit also

assist in the identification, arrest and prosecution of individuals.

TOTAL STATE FUNDS

$674,739

$674,739

$674,739

State General Funds

$674,739

$674,739

$674,739

TOTAL FEDERAL FUNDS

$3,696,148

State Domestic Preparedness Equipment Support CFDA97.004

$3,696,148

698

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$674,739

$674,739

$4,370,887

258. State Healthcare Fraud Unit

Appropriation (HB85)

The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

TOTAL STATE FUNDS

$1,092,276

$1,092,276

$1,092,276

State General Funds

$1,092,276

$1,092,276

$1,092,276

TOTAL PUBLIC FUNDS

$1,092,276

$1,092,276

$1,092,276

Statewide Changes

258.1 WC, GTA, and GBA

State General Funds

$697

$697

$697

Changes in the Size of the Program

258.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds received from court ordered restitutions.

State Medicaid Fraud Control Units CFDA 93.775

$1,305,438

Sales and Services Not Itemized

$20,364

TOTAL PUBLIC FUNDS

$1,325,802

State Healthcare Fraud Unit

Appropriation (HB1026)

The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

TOTAL STATE FUNDS

$1,092,973

$1,092,973

$1,092,973

State General Funds

$1,092,973

$1,092,973

$1,092,973

TOTAL FEDERAL FUNDS

$1,305,438

State Medicaid Fraud Control Units CFDA 93.775

$1,305,438

TOTAL AGENCY FUNDS

$20,364

Sales and Services

$20,364

Sales and Services Not Itemized

$20,364

TOTAL PUBLIC FUNDS

$1,092,973

$1,092,973

$2,418,775

259. Task Forces

Appropriation (HB85)

The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

TOTAL STATE FUNDS

$1,033,347

$1,033,347

$1,033,347

State General Funds

$1,033,347

$1,033,347

$1,033,347

TOTAL PUBLIC FUNDS

$1,033,347

$1,033,347

$1,033,347

WEDNESDAY, FEBRUARY 15, 2006

699

Statewide Changes

259.1 WC, GTA, and GBA

State General Funds

$1,409

$1,409

$1,409

Changes in the Size of the Program

259.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for the High Intensity Drug Traffic Areas program.

Drug-Free Communities Support Program Grants CFDA93.276

$151,627

Task Forces

Appropriation (HB1026)

The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

TOTAL STATE FUNDS

$1,034,756

$1,034,756

$1,034,756

State General Funds

$1,034,756

$1,034,756

$1,034,756

TOTAL FEDERAL FUNDS

$151,627

Drug-Free Communities Support Program Grants CFDA93.276

$151,627

TOTAL PUBLIC FUNDS

$1,034,756

$1,034,756

$1,186,383

260. Criminal Justice Coordinating Council

Appropriation (HB85)

The purpose is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure

communities, and to award grants from the Local Law Enforcement and Firefighter Fund.

TOTAL STATE FUNDS

$818,629

$818,629

$818,629

State General Funds

$818,629

$818,629

$818,629

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$29,876,675

Byrne Formula Grant Program CFDA16.579

$11,038,527

$11,038,527

$11,038,527

Community Prosecution & Project Safe Neighborhoods

$158,788

$158,788

$158,788

CFDA16.609

Crime Laboratory Improvement-DNA Backlog Reduction

$127,909

$127,909

$127,909

CFDA16.564

Crime Victim Assistance CFDA16.575

$10,608,946

$10,608,946

$10,608,946

Crime Victim Assistance/Discretionary Grants CFDA16.582

$51,446

$51,446

$51,446

Crime Victim Compensation CFDA16.576

$160,677

$160,677

$160,677

Local Law Enforcement Block Grants Program CFDA16.592

$96,333

$96,333

$96,333

Offender Reentry Program CFDA16.202

$500,000

$500,000

$500,000

700

JOURNAL OF THE SENATE

Residential Substance Abuse Treatment-State Prisoners

$1,092,888

$1,092,888

$1,092,888

CFDA16.593

Rural Domestic Violence & Child Victimization CFDA16.589

$177,373

$177,373

$177,373

State Justice Statistics-Statistical Analysis Centers CFDA16.550

$50,000

$50,000

$50,000

Violence Against Women Formula Grants CFDA16.588

$3,500,000

$3,500,000

$3,500,000

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$2,313,788

$2,313,788

$2,313,788

TOTAL AGENCY FUNDS

$4,671,438

$4,671,438

$4,671,438

Sales and Services

$4,671,438

$4,671,438

$4,671,438

Collection/Administrative Fees

$4,671,438

$4,671,438

$4,671,438

TOTAL PUBLIC FUNDS

$35,366,742

$35,366,742

$35,366,742

Statewide Changes

260.1 WC, GTA, and GBA

State General Funds

$387

$387

$387

One-Time Expense

260.7 Grants to assist Sheriffs in the implementation of Court House Security plans.

State General Funds

$500,000

Changes in the Size of the Program

260.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

provide direct services to crime victims.

Crime Victim Assistance CFDA16.575

$40,000

260.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

improve the criminal justice system's response to violence against women.

Violence Against Women Formula Grants CFDA16.588

$344,194

260.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

provide training and equipment to local law enforcement.

Local Law Enforcement Block Grants Program CFDA16.592

$727,337

260.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

control violent, drug related crime, and support national drug control priorities.

Byrne Formula Grant Program CFDA16.579

$6,042,000

260.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in agency funds

collected from the Crime Victim Emergency Fund.

WEDNESDAY, FEBRUARY 15, 2006

701

Collection/Administrative Fees

$4,041,000

Criminal Justice Coordinating Council

Appropriation (HB1026)

The purpose is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure

communities, and to award grants from the Local Law Enforcement and Firefighter Fund.

TOTAL STATE FUNDS

$819,016

$819,016

$1,319,016

State General Funds

$819,016

$819,016

$1,319,016

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$37,030,206

Byrne Formula Grant Program CFDA16.579

$11,038,527

$11,038,527

$17,080,527

Community Prosecution & Project Safe Neighborhoods

$158,788

$158,788

$158,788

CFDA16.609

Crime Laboratory Improvement-DNA Backlog Reduction

$127,909

$127,909

$127,909

CFDA16.564

Crime Victim Assistance CFDA16.575

$10,608,946

$10,608,946

$10,648,946

Crime Victim Assistance/Discretionary Grants CFDA16.582

$51,446

$51,446

$51,446

Crime Victim Compensation CFDA16.576

$160,677

$160,677

$160,677

Local Law Enforcement Block Grants Program CFDA16.592

$96,333

$96,333

$823,670

Offender Reentry Program CFDA16.202

$500,000

$500,000

$500,000

Residential Substance Abuse Treatment-State Prisoners

$1,092,888

$1,092,888

$1,092,888

CFDA16.593

Rural Domestic Violence & Child Victimization CFDA16.589

$177,373

$177,373

$177,373

State Justice Statistics-Statistical Analysis Centers CFDA16.550

$50,000

$50,000

$50,000

Violence Against Women Formula Grants CFDA16.588

$3,500,000

$3,500,000

$3,844,194

Violent Offender Incarceration&Truth in Sentencing CFDA16.586

$2,313,788

$2,313,788

$2,313,788

TOTAL AGENCY FUNDS

$4,671,438

$4,671,438

$8,712,438

Sales and Services

$4,671,438

$4,671,438

$8,712,438

Collection/Administrative Fees

$4,671,438

$4,671,438

$8,712,438

TOTAL PUBLIC FUNDS

$35,367,129

$35,367,129

$47,061,660

Section 30: Juvenile Justice, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$284,564,467 $284,564,467 $284,564,467

State General Funds

$284,564,467 $284,564,467 $284,564,467

702

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$21,119,067

$21,119,067

Foster Care Title IV-E CFDA93.658

$5,237,264

$5,237,264

Juvenile Justice & Delinquency Prevention CFDA16.54

$1,861,000

$1,861,000

Medical Assistance Program CFDA93.778

$9,132,956

$9,132,956

National School Lunch Program CFDA10.555

$3,855,791

$3,855,791

Program for Neglected and Delinquent Children CFDA84.013

$832,056

$832,056

Residential Substance Abuse Treatment-State Prisoners

$200,000

$200,000

CFDA16.593

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$144,960

$144,960

TOTAL PUBLIC FUNDS

$305,828,494 $305,828,494

Final Section Totals

TOTAL STATE FUNDS

$284,895,413 $284,895,413

State General Funds

$284,895,413 $284,895,413

TOTAL FEDERAL FUNDS

$21,119,067

$21,119,067

21 Century Community Learning Centers CFDA84.287

Abstinence Education Program CFDA 93.235

Community Prosecution & Project Safe Neighborhoods CFDA16.609

Delinquency Prevention Program - Title V CFDA16.548

Employment & Training Admin. Pilots, Demonstrations, &

Research CFDA17.261

Enforcing Underage Drinking Laws Program CFDA16.727

Foster Care Title IV-E CFDA93.658

$5,237,264

$5,237,264

Improving Teacher Quality State Grant CFDA84.367

Juvenile Accountability Incentive Block Grants CFDA16.523

Juvenile Justice & Delinquency Prevention CFDA16.54

$1,861,000

$1,861,000

Medical Assistance Program CFDA93.778

$9,132,956

$9,132,956

National School Lunch Program CFDA10.555

$3,855,791

$3,855,791

Offender Reentry Program CFDA16.202

Part E State Challenge Activities CFDA16.549

Program for Neglected and Delinquent Children CFDA84.013

$832,056

$832,056

$21,119,067 $5,237,264 $1,861,000 $9,132,956 $3,855,791 $832,056 $200,000
$144,960 $305,828,494
$284,895,413 $284,895,413 $33,761,506
$484,244 $2,438,017
$256,591 $762,330 $684,704
$407,052 $5,237,264
$200,775 $2,964,729 $3,194,389 $9,179,544 $3,855,791
$335,291 $324,485 $1,059,466

WEDNESDAY, FEBRUARY 15, 2006

703

Residential Substance Abuse Treatment-State Prisoners

$200,000

$200,000

$413,657

CFDA16.593

Safe and Drug-free Schools and Communities CFDA84.186

$5,631

Special Education Grants to States CFDA 84.027

$1,179,422

State Grants for Innovative Programs CFDA84.298

$29,056

Substance Abuse and Mental Health Services, Projects of

$591,291

Regional and National Significance

Vocational Education Basic Grants CFDA84.048

$157,777

TOTAL AGENCY FUNDS

$108,577

Reserved Fund Balances

$88,092

Sales and Services

$20,485

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$144,960

$144,960

$545,744

TOTAL PUBLIC FUNDS

$306,159,440 $306,159,440 $319,311,240

261. Community Supervision

Appropriation (HB85)

The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding

citizens.

TOTAL STATE FUNDS

$36,202,265

$36,202,265

$36,202,265

State General Funds

$36,202,265

$36,202,265

$36,202,265

TOTAL FEDERAL FUNDS

$4,347,003

$4,347,003

$4,347,003

Foster Care Title IV-E CFDA93.658

$4,291,027

$4,291,027

$4,291,027

Medical Assistance Program CFDA93.778

$55,976

$55,976

$55,976

TOTAL PUBLIC FUNDS

$40,549,268

$40,549,268

$40,549,268

Statewide Changes

261.1 WC, GTA, and GBA

State General Funds

$53,298

$53,298

$53,298

Changes in the Size of the Program

261.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for operating expenses, education, and workforce training.

Community Prosecution & Project Safe Neighborhoods CFDA16.609

$256,591

Juvenile Accountability Incentive Block Grants CFDA16.523

$475,142

Offender Reentry Program CFDA16.202

$335,291

704

JOURNAL OF THE SENATE

Agency Funds Prior Year

$44,336

TOTAL PUBLIC FUNDS

$1,111,360

Community Supervision

Appropriation (HB1026)

The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding

citizens.

TOTAL STATE FUNDS

$36,255,563

$36,255,563

$36,255,563

State General Funds

$36,255,563

$36,255,563

$36,255,563

TOTAL FEDERAL FUNDS

$4,347,003

$4,347,003

$5,414,027

Community Prosecution & Project Safe Neighborhoods

$256,591

CFDA16.609

Foster Care Title IV-E CFDA93.658

$4,291,027

$4,291,027

$4,291,027

Juvenile Accountability Incentive Block Grants CFDA16.523

$475,142

Medical Assistance Program CFDA93.778

$55,976

$55,976

$55,976

Offender Reentry Program CFDA16.202

$335,291

TOTAL AGENCY FUNDS

$44,336

Reserved Fund Balances

$44,336

Agency Funds Prior Year

$44,336

TOTAL PUBLIC FUNDS

$40,602,566

$40,602,566

$41,713,926

262. Departmental Administration

Appropriation (HB85)

The purpose is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions

through the delivery of effective services in appropriate settings.

TOTAL STATE FUNDS

$26,168,662

$26,168,662

$26,168,662

State General Funds

$26,168,662

$26,168,662

$26,168,662

TOTAL FEDERAL FUNDS

$198,219

$198,219

$198,219

Medical Assistance Program CFDA93.778

$20,598

$20,598

$20,598

National School Lunch Program CFDA10.555

$177,621

$177,621

$177,621

TOTAL PUBLIC FUNDS

$26,366,881

$26,366,881

$26,366,881

Statewide Changes

262.1 WC, GTA, and GBA

State General Funds

$29,240

$29,240

$29,240

Changes in the Size of the Program

WEDNESDAY, FEBRUARY 15, 2006

705

262.2 Transfer funds from the Non-Secure Commitment program and the Secure Commitment program.

State General Funds

$177,557

$177,557

$177,557

262.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognize agency funds for operating expenses, substance abuse treatment, and workforce training.

21 Century Community Learning Centers CFDA84.287

$464,244

Improving Teacher Quality State Grant CFDA84.367

$200,775

Medical Assistance Program CFDA93.778

$46,588

Program for Neglected and Delinquent Children CFDA84.013

$227,410

Safe and Drug-free Schools and Communities CFDA84.186

$5,631

Special Education Grants to States CFDA 84.027

$910,422

State Grants for Innovative Programs CFDA84.298

$29,056

Substance Abuse and Mental Health Services, Projects of Regional

$591,291

and National Significance

Vocational Education Basic Grants CFDA84.048

$157,777

Collection/Administrative Fees

$7,385

TOTAL PUBLIC FUNDS

$2,640,579

Departmental Administration

Appropriation (HB1026)

The purpose is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions

through the delivery of effective services in appropriate settings.

TOTAL STATE FUNDS

$26,375,459

$26,375,459

$26,375,459

State General Funds

$26,375,459

$26,375,459

$26,375,459

TOTAL FEDERAL FUNDS

$198,219

$198,219

$2,831,413

21 Century Community Learning Centers CFDA84.287

$464,244

Improving Teacher Quality State Grant CFDA84.367

$200,775

Medical Assistance Program CFDA93.778

$20,598

$20,598

$67,186

National School Lunch Program CFDA10.555

$177,621

$177,621

$177,621

Program for Neglected and Delinquent Children CFDA84.013

$227,410

Safe and Drug-free Schools and Communities CFDA84.186

$5,631

Special Education Grants to States CFDA 84.027

$910,422

State Grants for Innovative Programs CFDA84.298

$29,056

Substance Abuse and Mental Health Services, Projects of

$591,291

706

JOURNAL OF THE SENATE

Regional and National Significance

Vocational Education Basic Grants CFDA84.048

$157,777

TOTAL AGENCY FUNDS

$7,385

Sales and Services

$7,385

Collection/Administrative Fees

$7,385

TOTAL PUBLIC FUNDS

$26,573,678

$26,573,678

$29,214,257

263. Non-secure Commitment

Appropriation (HB85)

The purpose is to protect the public, hold youth accountable for their actions and assist youth in becoming law-abiding

citizens by providing non-hardware secure community-based residential placement or services for committed youth.

TOTAL STATE FUNDS

$38,464,748

$38,464,748

$38,464,748

State General Funds

$38,464,748

$38,464,748

$38,464,748

TOTAL FEDERAL FUNDS

$10,002,619

$10,002,619

$10,002,619

Foster Care Title IV-E CFDA93.658

$946,237

$946,237

$946,237

Medical Assistance Program CFDA93.778

$9,056,382

$9,056,382

$9,056,382

TOTAL PUBLIC FUNDS

$48,467,367

$48,467,367

$48,467,367

Statewide Changes

263.1 WC, GTA, and GBA

State General Funds

$941

$941

$941

Changes in the Size of the Program

263.2 Transfer funds to the Administration program and the Secure Detention program.

State General Funds

($468,733)

($468,733)

($468,733)

Non-secure Commitment

Appropriation (HB1026)

The purpose is to protect the public, hold youth accountable for their actions and assist youth in becoming law-abiding

citizens by providing non-hardware secure community-based residential placement or services for committed youth.

TOTAL STATE FUNDS

$37,996,956

$37,996,956

$37,996,956

State General Funds

$37,996,956

$37,996,956

$37,996,956

TOTAL FEDERAL FUNDS

$10,002,619

$10,002,619

$10,002,619

Foster Care Title IV-E CFDA93.658

$946,237

$946,237

$946,237

Medical Assistance Program CFDA93.778

$9,056,382

$9,056,382

$9,056,382

TOTAL PUBLIC FUNDS

$47,999,575

$47,999,575

$47,999,575

WEDNESDAY, FEBRUARY 15, 2006

707

264. Non-secure Detention

Appropriation (HB85)

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, non-secure,

community-based placements and/or services for lower-risk youth.

TOTAL STATE FUNDS

$9,088,116

$9,088,116

$9,088,116

State General Funds

$9,088,116

$9,088,116

$9,088,116

TOTAL PUBLIC FUNDS

$9,088,116

$9,088,116

$9,088,116

Statewide Changes

264.1 WC, GTA, and GBA

State General Funds

$2,574

$2,574

$2,574

Non-secure Detention

Appropriation (HB1026)

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, non-secure,

community-based placements and/or services for lower-risk youth.

TOTAL STATE FUNDS

$9,090,690

$9,090,690

$9,090,690

State General Funds

$9,090,690

$9,090,690

$9,090,690

TOTAL PUBLIC FUNDS

$9,090,690

$9,090,690

$9,090,690

265. Secure Commitment (YDCs)

Appropriation (HB85)

The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming

law-abiding citizens.

TOTAL STATE FUNDS

$83,766,215

$83,766,215

$83,766,215

State General Funds

$83,766,215

$83,766,215

$83,766,215

TOTAL FEDERAL FUNDS

$3,302,426

$3,302,426

$3,302,426

National School Lunch Program CFDA10.555

$2,270,370

$2,270,370

$2,270,370

Program for Neglected and Delinquent Children CFDA84.013

$832,056

$832,056

$832,056

Residential Substance Abuse Treatment-State Prisoners

$200,000

$200,000

$200,000

CFDA16.593

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$48,800

$48,800

$48,800

Agency to Agency Contracts

$48,800

$48,800

$48,800

TOTAL PUBLIC FUNDS

$87,117,441

$87,117,441

$87,117,441

Statewide Changes

265.1 WC, GTA, and GBA

State General Funds

$104,402

$104,402

$104,402

708

JOURNAL OF THE SENATE

Changes in the Size of the Program

265.2 Transfer funds to the Administration program and the Secure Detention program.

State General Funds

($58,011)

($58,011)

($58,011)

265.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognize agency funds for operating expenses, substance abuse treatment, and workforce training.

21 Century Community Learning Centers CFDA84.287

$20,000

Employment & Training Admin. Pilots, Demonstrations, & Research

$684,704

CFDA17.261

Residential Substance Abuse Treatment-State Prisoners

$213,657

CFDA16.593

Special Education Grants to States CFDA 84.027

$225,115

Agency to Agency Contracts

$37,463

TOTAL PUBLIC FUNDS

$1,180,939

Secure Commitment (YDCs)

Appropriation (HB1026)

The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming

law-abiding citizens.

TOTAL STATE FUNDS

$83,812,606

$83,812,606

$83,812,606

State General Funds

$83,812,606

$83,812,606

$83,812,606

TOTAL FEDERAL FUNDS

$3,302,426

$3,302,426

$4,445,902

21 Century Community Learning Centers CFDA84.287

$20,000

Employment & Training Admin. Pilots, Demonstrations, &

$684,704

Research CFDA17.261

National School Lunch Program CFDA10.555

$2,270,370

$2,270,370

$2,270,370

Program for Neglected and Delinquent Children CFDA84.013

$832,056

$832,056

$832,056

Residential Substance Abuse Treatment-State Prisoners

$200,000

$200,000

$413,657

CFDA16.593

Special Education Grants to States CFDA 84.027

$225,115

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$48,800

$48,800

$86,263

Agency to Agency Contracts

$48,800

$48,800

$86,263

TOTAL PUBLIC FUNDS

$87,163,832

$87,163,832

$88,344,771

WEDNESDAY, FEBRUARY 15, 2006

709

266. Secure Detention (RYDCs)

Appropriation (HB85)

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, secure, safe care,

and supervision of high-risk youth.

TOTAL STATE FUNDS

$89,536,547

$89,536,547

$89,536,547

State General Funds

$89,536,547

$89,536,547

$89,536,547

TOTAL FEDERAL FUNDS

$1,407,800

$1,407,800

$1,407,800

National School Lunch Program CFDA10.555

$1,407,800

$1,407,800

$1,407,800

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$96,160

$96,160

$96,160

Agency to Agency Contracts

$96,160

$96,160

$96,160

TOTAL PUBLIC FUNDS

$91,040,507

$91,040,507

$91,040,507

Statewide Changes

266.1 WC, GTA, and GBA

State General Funds

$139,972

$139,972

$139,972

Changes in the Size of the Program

266.2 Transfer funds from the Non-Secure Commitment program and the Secure Commitment program.

State General Funds

$349,187

$349,187

$349,187

266.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for education programs for youth.

Special Education Grants to States CFDA 84.027

$43,885

Secure Detention (RYDCs)

Appropriation (HB1026)

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, secure, safe care,

and supervision of high-risk youth.

TOTAL STATE FUNDS

$90,025,706

$90,025,706

$90,025,706

State General Funds

$90,025,706

$90,025,706

$90,025,706

TOTAL FEDERAL FUNDS

$1,407,800

$1,407,800

$1,451,685

National School Lunch Program CFDA10.555

$1,407,800

$1,407,800

$1,407,800

Special Education Grants to States CFDA 84.027

$43,885

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$96,160

$96,160

$96,160

Agency to Agency Contracts

$96,160

$96,160

$96,160

TOTAL PUBLIC FUNDS

$91,529,666

$91,529,666

$91,573,551

710

JOURNAL OF THE SENATE

267. Children and Youth Coordinating Council

Appropriation (HB85)

The purpose is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS

$1,337,914

$1,337,914

$1,337,914

State General Funds

$1,337,914

$1,337,914

$1,337,914

TOTAL FEDERAL FUNDS

$1,861,000

$1,861,000

$1,861,000

Juvenile Justice & Delinquency Prevention CFDA16.54

$1,861,000

$1,861,000

$1,861,000

TOTAL PUBLIC FUNDS

$3,198,914

$3,198,914

$3,198,914

Statewide Changes

267.1 WC, GTA, and GBA

State General Funds

$519

$519

$519

Changes in the Size of the Program

267.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognize agency funds for operating expenses and various grants.

Abstinence Education Program CFDA 93.235

$2,438,017

Delinquency Prevention Program - Title V CFDA16.548

$762,330

Enforcing Underage Drinking Laws Program CFDA16.727

$407,052

Juvenile Accountability Incentive Block Grants CFDA16.523

$2,489,587

Juvenile Justice & Delinquency Prevention CFDA16.54

$1,333,389

Part E State Challenge Activities CFDA16.549

$324,485

Agency Funds Prior Year

$43,756

Collection/Administrative Fees

$12,600

Sales and Services Not Itemized

$500

Agency to Agency Contracts

$363,321

TOTAL PUBLIC FUNDS

$8,175,037

Children and Youth Coordinating Council

Appropriation (HB1026)

The purpose is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS

$1,338,433

$1,338,433

$1,338,433

State General Funds

$1,338,433

$1,338,433

$1,338,433

TOTAL FEDERAL FUNDS

$1,861,000

$1,861,000

$9,615,860

Abstinence Education Program CFDA 93.235

$2,438,017

Delinquency Prevention Program - Title V CFDA16.548

$762,330

WEDNESDAY, FEBRUARY 15, 2006

711

Enforcing Underage Drinking Laws Program CFDA16.727 Juvenile Accountability Incentive Block Grants CFDA16.523 Juvenile Justice & Delinquency Prevention CFDA16.54 Part E State Challenge Activities CFDA16.549 TOTAL AGENCY FUNDS Reserved Fund Balances
Agency Funds Prior Year Sales and Services
Collection/Administrative Fees Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS Section 31: Labor, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Compensation & Working Conditions CFDA17.005 Disabled Veterans' Outreach Program CFDA17.801 Employment Service CFDA17.207 Employment Svcs-Individuals with Severe Disabilities CFDA84.187 Independent Living-State Grants CFDA84.169 Local Veterans' Employment Representative Program
CFDA17.804 National School Lunch Program CFDA10.555 Rehab Services-Vocational Rehabilitation Grants to States
CFDA84.126 Social Security Disability Insurance CFDA 96.001 Temporary Assistance for Needy Families Unemployment Insurance CFDA17.225

$1,861,000

$1,861,000

$3,199,433

$3,199,433

Section Total (HB85)

$51,010,633

$51,010,633

$51,010,633

$51,010,633

$273,983,612 $273,983,612

$2,418,425

$2,418,425

$2,295,499

$2,295,499

$20,814,198

$20,814,198

$910,195

$910,195

$514,980

$514,980

$2,180,726

$2,180,726

$4,800 $73,274,003

$4,800 $73,274,003

$56,275,688 $12,901,218 $40,832,695

$56,275,688 $12,901,218 $40,832,695

$407,052 $2,489,587 $3,194,389
$324,485 $56,856 $43,756 $43,756 $13,100 $12,600
$500 $363,321 $363,321 $11,374,470
$51,010,633 $51,010,633 $273,983,612
$2,418,425 $2,295,499 $20,814,198
$910,195 $514,980 $2,180,726
$4,800 $73,274,003
$56,275,688 $12,901,218 $40,832,695

712

JOURNAL OF THE SENATE

Workforce Investment Act Adult Program CFDA17.258

$19,029,386

$19,029,386

$19,029,386

Workforce Investment Act Dislocated Workers CFDA17.260

$23,984,118

$23,984,118

$23,984,118

Workforce Investment Act Youth Activities CFDA17.259

$18,547,681

$18,547,681

$18,547,681

TOTAL AGENCY FUNDS

$30,335,111

$30,335,111

$30,335,111

Sales and Services

$30,335,111

$30,335,111

$30,335,111

TOTAL PUBLIC FUNDS

$355,329,356 $355,329,356 $355,329,356

Final Section Totals

TOTAL STATE FUNDS

$53,757,359

$53,757,359

$53,816,359

State General Funds

$53,757,359

$53,757,359

$53,816,359

TOTAL FEDERAL FUNDS

$273,983,612 $273,983,612 $271,409,563

Compensation & Working Conditions CFDA17.005

$2,418,425

$2,418,425

$2,418,425

Disabled Veterans' Outreach Program CFDA17.801

$2,295,499

$2,295,499

$2,295,499

Employment Service CFDA17.207

$20,814,198

$20,814,198

$20,814,198

Employment Svcs-Individuals with Severe Disabilities CFDA84.187 $910,195

$910,195

$910,195

Independent Living-State Grants CFDA84.169

$514,980

$514,980

$514,980

Local Veterans' Employment Representative Program

$2,180,726

$2,180,726

$2,180,726

CFDA17.804

National School Lunch Program CFDA10.555

$4,800

$4,800

$4,800

Rehab Services-Vocational Rehabilitation Grants to States

$73,274,003

$73,274,003

$73,601,172

CFDA84.126

Social Security Disability Insurance CFDA 96.001

$56,275,688

$56,275,688

$56,275,688

Temporary Assistance for Needy Families

$12,901,218

$12,901,218

$10,000,000

Unemployment Insurance CFDA17.225

$40,832,695

$40,832,695

$40,832,695

Workforce Investment Act Adult Program CFDA17.258

$19,029,386

$19,029,386

$19,029,386

Workforce Investment Act Dislocated Workers CFDA17.260

$23,984,118

$23,984,118

$23,984,118

Workforce Investment Act Youth Activities CFDA17.259

$18,547,681

$18,547,681

$18,547,681

TOTAL AGENCY FUNDS

$30,335,111

$30,335,111

$30,335,111

Sales and Services

$30,335,111

$30,335,111

$30,335,111

TOTAL PUBLIC FUNDS

$358,076,082 $358,076,082 $355,561,033

268. Business Enterprise Program

Appropriation (HB85)

The purpose is to assist people who are blind in becoming successful contributors to the state's economy.

WEDNESDAY, FEBRUARY 15, 2006

713

TOTAL STATE FUNDS

$339,720

$339,720

$339,720

State General Funds

$339,720

$339,720

$339,720

TOTAL FEDERAL FUNDS

$1,316,085

$1,316,085

$1,316,085

Rehab Services-Vocational Rehabilitation Grants to States

$1,316,085

$1,316,085

$1,316,085

CFDA84.126

TOTAL PUBLIC FUNDS

$1,655,805

$1,655,805

$1,655,805

Statewide Changes

268.1 WC, GTA, and GBA

State General Funds

$825

$825

$825

Business Enterprise Program

Appropriation (HB1026)

The purpose is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$340,545

$340,545

$340,545

State General Funds

$340,545

$340,545

$340,545

TOTAL FEDERAL FUNDS

$1,316,085

$1,316,085

$1,316,085

Rehab Services-Vocational Rehabilitation Grants to States

$1,316,085

$1,316,085

$1,316,085

CFDA84.126

TOTAL PUBLIC FUNDS

$1,656,630

$1,656,630

$1,656,630

269. Department of Labor Administration

Appropriation (HB85)

The purpose is to work with public and private partners in building a world-class workforce system that contributes to

Georgia's economic prosperity.

TOTAL STATE FUNDS

$3,236,310

$3,236,310

$3,236,310

State General Funds

$3,236,310

$3,236,310

$3,236,310

TOTAL FEDERAL FUNDS

$10,859,310

$10,859,310

$10,859,310

Disabled Veterans' Outreach Program CFDA17.801

$197,594

$197,594

$197,594

Employment Service CFDA17.207

$2,178,187

$2,178,187

$2,178,187

Local Veterans' Employment Representative Program

$187,715

$187,715

$187,715

CFDA17.804

Unemployment Insurance CFDA17.225

$4,221,879

$4,221,879

$4,221,879

Workforce Investment Act Adult Program CFDA17.258

$1,259,308

$1,259,308

$1,259,308

Workforce Investment Act Dislocated Workers CFDA17.260

$1,587,197

$1,587,197

$1,587,197

Workforce Investment Act Youth Activities CFDA17.259

$1,227,430

$1,227,430

$1,227,430

714

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$14,095,620

$14,095,620

$14,095,620

Statewide Changes

269.1 WC, GTA, and GBA

State General Funds

$11,464

$11,464

$11,464

Department of Labor Administration

Appropriation (HB1026)

The purpose is to work with public and private partners in building a world-class workforce system that contributes to

Georgia's economic prosperity.

TOTAL STATE FUNDS

$3,247,774

$3,247,774

$3,247,774

State General Funds

$3,247,774

$3,247,774

$3,247,774

TOTAL FEDERAL FUNDS

$10,859,310

$10,859,310

$10,859,310

Disabled Veterans' Outreach Program CFDA17.801

$197,594

$197,594

$197,594

Employment Service CFDA17.207

$2,178,187

$2,178,187

$2,178,187

Local Veterans' Employment Representative Program

$187,715

$187,715

$187,715

CFDA17.804

Unemployment Insurance CFDA17.225

$4,221,879

$4,221,879

$4,221,879

Workforce Investment Act Adult Program CFDA17.258

$1,259,308

$1,259,308

$1,259,308

Workforce Investment Act Dislocated Workers CFDA17.260

$1,587,197

$1,587,197

$1,587,197

Workforce Investment Act Youth Activities CFDA17.259

$1,227,430

$1,227,430

$1,227,430

TOTAL PUBLIC FUNDS

$14,107,084

$14,107,084

$14,107,084

270. Disability Adjudication Section

Appropriation (HB85)

The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain

support.

TOTAL FEDERAL FUNDS

$55,598,820

$55,598,820

$55,598,820

Social Security Disability Insurance CFDA 96.001

$55,598,820

$55,598,820

$55,598,820

TOTAL PUBLIC FUNDS

$55,598,820

$55,598,820

$55,598,820

Disability Adjudication Section

Appropriation (HB1026)

The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain

support.

TOTAL FEDERAL FUNDS

$55,598,820

$55,598,820

$55,598,820

Social Security Disability Insurance CFDA 96.001

$55,598,820

$55,598,820

$55,598,820

TOTAL PUBLIC FUNDS

$55,598,820

$55,598,820

$55,598,820

WEDNESDAY, FEBRUARY 15, 2006

715

271. Division of Rehabilitation Administration

Appropriation (HB85)

The purpose is to help people with disabilities to become fully productive members of society by achieving independence

and meaningful employment.

TOTAL STATE FUNDS

$2,167,612

$2,167,612

$2,167,612

State General Funds

$2,167,612

$2,167,612

$2,167,612

TOTAL FEDERAL FUNDS

$1,481,868

$1,481,868

$1,481,868

Rehab Services-Vocational Rehabilitation Grants to States

$805,000

$805,000

$805,000

CFDA84.126

Social Security Disability Insurance CFDA 96.001

$676,868

$676,868

$676,868

TOTAL PUBLIC FUNDS

$3,649,480

$3,649,480

$3,649,480

Statewide Changes

271.1 WC, GTA, and GBA

State General Funds

$5,090

$5,090

$5,090

Division of Rehabilitation Administration

Appropriation (HB1026)

The purpose is to help people with disabilities to become fully productive members of society by achieving independence

and meaningful employment.

TOTAL STATE FUNDS

$2,172,702

$2,172,702

$2,172,702

State General Funds

$2,172,702

$2,172,702

$2,172,702

TOTAL FEDERAL FUNDS

$1,481,868

$1,481,868

$1,481,868

Rehab Services-Vocational Rehabilitation Grants to States

$805,000

$805,000

$805,000

CFDA84.126

Social Security Disability Insurance CFDA 96.001

$676,868

$676,868

$676,868

TOTAL PUBLIC FUNDS

$3,654,570

$3,654,570

$3,654,570

272. Georgia Industries for the Blind

Appropriation (HB85)

The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS

$692,348

$692,348

$692,348

State General Funds

$692,348

$692,348

$692,348

TOTAL AGENCY FUNDS

$11,099,375

$11,099,375

$11,099,375

Sales and Services

$11,099,375

$11,099,375

$11,099,375

Income Received by Georgia Institute for the Blind For Goods

$11,099,375

$11,099,375

$11,099,375

Sold

716

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$11,791,723

$11,791,723

$11,791,723

Statewide Changes

272.1 WC, GTA, and GBA

State General Funds

$3,204

$3,204

$3,204

Georgia Industries for the Blind

Appropriation (HB1026)

The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS

$695,552

$695,552

$695,552

State General Funds

$695,552

$695,552

$695,552

TOTAL AGENCY FUNDS

$11,099,375

$11,099,375

$11,099,375

Sales and Services

$11,099,375

$11,099,375

$11,099,375

Income Received by Georgia Institute for the Blind For Goods

$11,099,375

$11,099,375

$11,099,375

Sold

TOTAL PUBLIC FUNDS

$11,794,927

$11,794,927

$11,794,927

273. Labor Market Information

Appropriation (HB85)

The purpose is to collect, analyze, and publish a wide array of information about the state's labor market.

TOTAL STATE FUNDS

$671,271

$671,271

$671,271

State General Funds

$671,271

$671,271

$671,271

TOTAL FEDERAL FUNDS

$2,249,873

$2,249,873

$2,249,873

Compensation & Working Conditions CFDA17.005

$2,249,873

$2,249,873

$2,249,873

TOTAL PUBLIC FUNDS

$2,921,144

$2,921,144

$2,921,144

Statewide Changes

273.1 WC, GTA, and GBA

State General Funds

$2,717

$2,717

$2,717

Changes in Operations / Administration

273.2 Increase funding (S:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible

programs).

State General Funds

$65,154

$65,154

$0

Labor Market Information

Appropriation (HB1026)

The purpose is to collect, analyze, and publish a wide array of information about the state's labor market.

TOTAL STATE FUNDS

$739,142

$739,142

$673,988

State General Funds

$739,142

$739,142

$673,988

WEDNESDAY, FEBRUARY 15, 2006

717

TOTAL FEDERAL FUNDS

$2,249,873

$2,249,873

$2,249,873

Compensation & Working Conditions CFDA17.005

$2,249,873

$2,249,873

$2,249,873

TOTAL PUBLIC FUNDS

$2,989,015

$2,989,015

$2,923,861

274. Roosevelt Warm Springs Institute

Appropriation (HB85)

The purpose is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS

$6,662,908

$6,662,908

$6,662,908

State General Funds

$6,662,908

$6,662,908

$6,662,908

TOTAL FEDERAL FUNDS

$6,237,969

$6,237,969

$6,237,969

National School Lunch Program CFDA10.555

$4,800

$4,800

$4,800

Rehab Services-Vocational Rehabilitation Grants to States

$6,233,169

$6,233,169

$6,233,169

CFDA84.126

TOTAL AGENCY FUNDS

$18,429,520

$18,429,520

$18,429,520

Sales and Services

$18,429,520

$18,429,520

$18,429,520

Patient Payments from Third Party Insurers per 31-2-2 and

$17,537,849

$17,537,849

$17,537,849

Patients

Sales and Services Not Itemized

$891,671

$891,671

$891,671

TOTAL PUBLIC FUNDS

$31,330,397

$31,330,397

$31,330,397

Statewide Changes

274.1 WC, GTA, and GBA

State General Funds

$21,008

$21,008

$21,008

One-Time Expense

274.2 Increase funding to cover expense of housing a group home displaced by Hurricane Katrina (S:Per 42 U.S.C.

503(a)(1) move funds collected under Administrative Assessments to eligible programs).

State General Funds

$41,127

$41,127

$0

Changes in How the Program is Funded

274.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Rehab Services-Vocational Rehabilitation Grants to States

$140,953

CFDA84.126

Roosevelt Warm Springs Institute

Appropriation (HB1026)

The purpose is to empower individuals with disabilities to achieve personal independence.

718

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$6,725,043

$6,725,043

$6,683,916

State General Funds

$6,725,043

$6,725,043

$6,683,916

TOTAL FEDERAL FUNDS

$6,237,969

$6,237,969

$6,378,922

National School Lunch Program CFDA10.555

$4,800

$4,800

$4,800

Rehab Services-Vocational Rehabilitation Grants to States

$6,233,169

$6,233,169

$6,374,122

CFDA84.126

TOTAL AGENCY FUNDS

$18,429,520

$18,429,520

$18,429,520

Sales and Services

$18,429,520

$18,429,520

$18,429,520

Patient Payments from Third Party Insurers per 31-2-2 and

$17,537,849

$17,537,849

$17,537,849

Patients

Sales and Services Not Itemized

$891,671

$891,671

$891,671

TOTAL PUBLIC FUNDS

$31,392,532

$31,392,532

$31,492,358

275. Safety Inspections

Appropriation (HB85)

The purpose is to promote and protect public safety, to provide training and information on workplace exposure to

hazardous chemicals, and to promote industrial safety.

TOTAL STATE FUNDS

$2,664,002

$2,664,002

$2,664,002

State General Funds

$2,664,002

$2,664,002

$2,664,002

TOTAL FEDERAL FUNDS

$168,552

$168,552

$168,552

Compensation & Working Conditions CFDA17.005

$168,552

$168,552

$168,552

TOTAL PUBLIC FUNDS

$2,832,554

$2,832,554

$2,832,554

Statewide Changes

275.1 WC, GTA, and GBA

State General Funds

$9,261

$9,261

$9,261

Safety Inspections

Appropriation (HB1026)

The purpose is to promote and protect public safety, to provide training and information on workplace exposure to

hazardous chemicals, and to promote industrial safety.

TOTAL STATE FUNDS

$2,673,263

$2,673,263

$2,673,263

State General Funds

$2,673,263

$2,673,263

$2,673,263

TOTAL FEDERAL FUNDS

$168,552

$168,552

$168,552

Compensation & Working Conditions CFDA17.005

$168,552

$168,552

$168,552

TOTAL PUBLIC FUNDS

$2,841,815

$2,841,815

$2,841,815

WEDNESDAY, FEBRUARY 15, 2006

719

276. Unemployment Insurance

Appropriation (HB85)

The purpose is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's

employers and distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS

$10,056,056

$10,056,056

$10,056,056

State General Funds

$10,056,056

$10,056,056

$10,056,056

TOTAL FEDERAL FUNDS

$36,610,816

$36,610,816

$36,610,816

Unemployment Insurance CFDA17.225

$36,610,816

$36,610,816

$36,610,816

TOTAL PUBLIC FUNDS

$46,666,872

$46,666,872

$46,666,872

Statewide Changes

276.1 WC, GTA, and GBA

State General Funds

$37,285

$37,285

$37,285

One-Time Expense

276.2 Increase funding due to an increase of 13,000 unemployment claims by evacuees of Hurricane Katrina. This funding

is for claims processing only. Unemployment benefits paid to these evacuees are charged to their home state's

unemployment trust fund .(S:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible

programs).

State General Funds

$930,966

$930,966

$930,966

Unemployment Insurance

Appropriation (HB1026)

The purpose is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's

employers and distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS

$11,024,307

$11,024,307

$11,024,307

State General Funds

$11,024,307

$11,024,307

$11,024,307

TOTAL FEDERAL FUNDS

$36,610,816

$36,610,816

$36,610,816

Unemployment Insurance CFDA17.225

$36,610,816

$36,610,816

$36,610,816

TOTAL PUBLIC FUNDS

$47,635,123

$47,635,123

$47,635,123

277. Vocational Rehabilitation Program

Appropriation (HB85)

The purpose is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS

$16,784,521

$16,784,521

$16,784,521

State General Funds

$16,784,521

$16,784,521

$16,784,521

TOTAL FEDERAL FUNDS

$68,844,924

$68,844,924

$68,844,924

Employment Svcs-Individuals with Severe Disabilities CFDA84.187 $910,195

$910,195

$910,195

720

JOURNAL OF THE SENATE

Independent Living-State Grants CFDA84.169

$514,980

$514,980

$514,980

Rehab Services-Vocational Rehabilitation Grants to States

$64,919,749

$64,919,749

$64,919,749

CFDA84.126

Temporary Assistance for Needy Families

$2,500,000

$2,500,000

$2,500,000

Temporary Assistance for Needy Families Block Grant CFDA

$2,500,000

$2,500,000

$2,500,000

93.558

TOTAL AGENCY FUNDS

$806,216

$806,216

$806,216

Sales and Services

$806,216

$806,216

$806,216

Sales and Services Not Itemized

$806,216

$806,216

$806,216

TOTAL PUBLIC FUNDS

$86,435,661

$86,435,661

$86,435,661

Statewide Changes

277.1 WC, GTA, and GBA

State General Funds

$29,318

$29,318

$29,318

Changes in Operations / Administration

277.3 Reduce funding to projected expenditures based on SFY 2005 cost levels.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($800,000)

One-Time Expense

277.2 Increase funding to cover expense of serving displaced Hurricane Katrina evacuees with vocational rehabilitation

needs(S:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs).

State General Funds

$182,654

$182,654

$0

277.4 Provide supplemental funding for the Georgia Radio Reading Service.

State General Funds

$59,000

Changes in How the Program is Funded

277.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Rehab Services-Vocational Rehabilitation Grants to States

$186,216

CFDA84.126

Vocational Rehabilitation Program

Appropriation (HB1026)

The purpose is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS

$16,996,493

$16,996,493

$16,872,839

State General Funds

$16,996,493

$16,996,493

$16,872,839

WEDNESDAY, FEBRUARY 15, 2006

721

TOTAL FEDERAL FUNDS

$68,844,924

$68,844,924

$68,231,140

Employment Svcs-Individuals with Severe Disabilities CFDA84.187 $910,195

$910,195

$910,195

Independent Living-State Grants CFDA84.169

$514,980

$514,980

$514,980

Rehab Services-Vocational Rehabilitation Grants to States

$64,919,749

$64,919,749

$65,105,965

CFDA84.126

Temporary Assistance for Needy Families

$2,500,000

$2,500,000

$1,700,000

Temporary Assistance for Needy Families Block Grant CFDA

$2,500,000

$2,500,000

$1,700,000

93.558

TOTAL AGENCY FUNDS

$806,216

$806,216

$806,216

Sales and Services

$806,216

$806,216

$806,216

Sales and Services Not Itemized

$806,216

$806,216

$806,216

TOTAL PUBLIC FUNDS

$86,647,633

$86,647,633

$85,910,195

278. Workforce Development

Appropriation (HB85)

The purpose is to assist employers and job seekers with job matching services and to promote economic growth and

development.

TOTAL STATE FUNDS

$7,642,713

$7,642,713

$7,642,713

State General Funds

$7,642,713

$7,642,713

$7,642,713

TOTAL FEDERAL FUNDS

$90,615,395

$90,615,395

$90,615,395

Disabled Veterans' Outreach Program CFDA17.801

$2,097,905

$2,097,905

$2,097,905

Employment Service CFDA17.207

$18,636,011

$18,636,011

$18,636,011

Local Veterans' Employment Representative Program

$1,993,011

$1,993,011

$1,993,011

CFDA17.804

Temporary Assistance for Needy Families

$10,401,218

$10,401,218

$10,401,218

Temporary Assistance for Needy Families Block Grant CFDA

$10,401,218

$10,401,218

$10,401,218

93.558

Workforce Investment Act Adult Program CFDA17.258

$17,770,078

$17,770,078

$17,770,078

Workforce Investment Act Dislocated Workers CFDA17.260

$22,396,921

$22,396,921

$22,396,921

Workforce Investment Act Youth Activities CFDA17.259

$17,320,251

$17,320,251

$17,320,251

TOTAL PUBLIC FUNDS

$98,258,108

$98,258,108

$98,258,108

Statewide Changes

278.1 WC, GTA, and GBA

722

JOURNAL OF THE SENATE

State General Funds

$26,554

$26,554

$26,554

Changes in Operations / Administration

278.3 Reduce funding to projected expenditures based on SFY 2005 cost levels.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($2,101,218)

One-Time Expense

278.2 Increase funding due to higher expenditures at career centers and fairs for Hurricane Katrina evacuees(S:Per 42

U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs).

State General Funds

$1,380,099

$1,380,099

$1,669,034

Workforce Development

Appropriation (HB1026)

The purpose is to assist employers and job seekers with job matching services and to promote economic growth and

development.

TOTAL STATE FUNDS

$9,049,366

$9,049,366

$9,338,301

State General Funds

$9,049,366

$9,049,366

$9,338,301

TOTAL FEDERAL FUNDS

$90,615,395

$90,615,395

$88,514,177

Disabled Veterans' Outreach Program CFDA17.801

$2,097,905

$2,097,905

$2,097,905

Employment Service CFDA17.207

$18,636,011

$18,636,011

$18,636,011

Local Veterans' Employment Representative Program

$1,993,011

$1,993,011

$1,993,011

CFDA17.804

Temporary Assistance for Needy Families

$10,401,218

$10,401,218

$8,300,000

Temporary Assistance for Needy Families Block Grant CFDA

$10,401,218

$10,401,218

$8,300,000

93.558

Workforce Investment Act Adult Program CFDA17.258

$17,770,078

$17,770,078

$17,770,078

Workforce Investment Act Dislocated Workers CFDA17.260

$22,396,921

$22,396,921

$22,396,921

Workforce Investment Act Youth Activities CFDA17.259

$17,320,251

$17,320,251

$17,320,251

TOTAL PUBLIC FUNDS

$99,664,761

$99,664,761

$97,852,478

279. Commission on Women

Appropriation (HB85)

The purpose is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS

$93,172

$93,172

$93,172

State General Funds

$93,172

$93,172

$93,172

TOTAL PUBLIC FUNDS

$93,172

$93,172

$93,172

WEDNESDAY, FEBRUARY 15, 2006

723

Commission on Women

Appropriation (HB1026)

The purpose is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS

$93,172

$93,172

$93,172

State General Funds

$93,172

$93,172

$93,172

TOTAL PUBLIC FUNDS

$93,172

$93,172

$93,172

Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act. Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in

amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 32: Law, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$13,659,592

$13,659,592

$13,659,592

State General Funds

$13,659,592

$13,659,592

$13,659,592

TOTAL AGENCY FUNDS

$795,143

$795,143

$795,143

Contributions, Donations, and Forfeitures

$794,143

$794,143

$794,143

Sales and Services

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$21,006,280

TOTAL PUBLIC FUNDS

$35,461,015

$35,461,015

$35,461,015

Final Section Totals

TOTAL STATE FUNDS

$13,826,570

$13,826,570

$13,826,570

State General Funds

$13,826,570

$13,826,570

$13,826,570

TOTAL AGENCY FUNDS

$795,143

$795,143

$816,543

724

JOURNAL OF THE SENATE

Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS

$794,143 $1,000
$21,006,280 $35,627,993

$794,143 $1,000
$21,006,280 $35,627,993

$815,543 $1,000
$31,028,280 $45,671,393

280. Law, Department of

Appropriation (HB85)

The purpose is to serve the citizens of the State of Georgia by providing legal representation of the highest quality to the

agencies, officers and employees of state government.

TOTAL STATE FUNDS

$13,659,592

$13,659,592

$13,659,592

State General Funds

$13,659,592

$13,659,592

$13,659,592

TOTAL AGENCY FUNDS

$795,143

$795,143

$795,143

Contributions, Donations, and Forfeitures

$794,143

$794,143

$794,143

Forfeitures

$794,143

$794,143

$794,143

Sales and Services

$1,000

$1,000

$1,000

Sales and Services Not Itemized

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$21,006,280

Legal Services - Client Reimbursable per 45-15-4

$21,006,280

$21,006,280

$21,006,280

TOTAL PUBLIC FUNDS

$35,461,015

$35,461,015

$35,461,015

Statewide Changes

280.1 WC, GTA, and GBA

State General Funds

$6,302

$6,302

$6,302

One-Time Expense

280.2 Provide funds for financial review for sale of four public hospitals due to the Hospital Acquisition Act.

State General Funds

$160,676

$160,676

$160,676

Changes in the Size of the Program

280.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing funds received

from forfeitures and client reimbursements.

Forfeitures

$21,400

Legal Services - Client Reimbursable per 45-15-4

$10,022,000

TOTAL PUBLIC FUNDS

$10,043,400

Law, Department of

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

725

The purpose is to serve the citizens of the State of Georgia by providing legal representation of the highest quality to the

agencies, officers and employees of state government.

TOTAL STATE FUNDS

$13,826,570

$13,826,570

$13,826,570

State General Funds

$13,826,570

$13,826,570

$13,826,570

TOTAL AGENCY FUNDS

$795,143

$795,143

$816,543

Contributions, Donations, and Forfeitures

$794,143

$794,143

$815,543

Forfeitures

$794,143

$794,143

$815,543

Sales and Services

$1,000

$1,000

$1,000

Sales and Services Not Itemized

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$31,028,280

Legal Services - Client Reimbursable per 45-15-4

$21,006,280

$21,006,280

$31,028,280

TOTAL PUBLIC FUNDS

$35,627,993

$35,627,993

$45,671,393

Section 33: State Merit System of Personnel Administration

Section Total (HB85)

TOTAL AGENCY FUNDS

$1,337,147

$1,337,147

$1,337,147

Reserved Fund Balances

$1,161,033

$1,161,033

$1,161,033

Sales and Services

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$12,273,022

$12,273,022

$12,273,022

TOTAL PUBLIC FUNDS

$13,610,169

$13,610,169

$13,610,169

Final Section Totals

TOTAL AGENCY FUNDS

$1,337,147

$1,337,147

$1,533,844

Reserved Fund Balances

$1,161,033

$1,161,033

$1,357,730

Sales and Services

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$12,279,322

$12,279,322

$16,765,442

TOTAL PUBLIC FUNDS

$13,616,469

$13,616,469

$18,299,286

281. Recruitment and Staffing Services

Appropriation (HB85)

The purpose is to provide a central point of contact for the general public.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,321,434

$1,321,434

$1,321,434

Merit System Assessments

$1,247,721

$1,247,721

$1,247,721

Merit System Training and Compensation Fees

$73,713

$73,713

$73,713

TOTAL PUBLIC FUNDS

$1,321,434

$1,321,434

$1,321,434

726

JOURNAL OF THE SENATE

Statewide Changes

281.1 WC, GTA, and GBA

Merit System Assessments

$1,027

$1,027

$1,027

Recruitment and Staffing Services

Appropriation (HB1026)

The purpose is to provide a central point of contact for the general public.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,322,461

$1,322,461

$1,322,461

Merit System Assessments

$1,248,748

$1,248,748

$1,248,748

Merit System Training and Compensation Fees

$73,713

$73,713

$73,713

TOTAL PUBLIC FUNDS

$1,322,461

$1,322,461

$1,322,461

282. System Administration

Appropriation (HB85)

The purpose is to provide administrative and technical support to the agency.

TOTAL AGENCY FUNDS

$49,578

$49,578

$49,578

Reserved Fund Balances

$49,578

$49,578

$49,578

Flexible Spending Account Fund

$49,578

$49,578

$49,578

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,167,679

$4,167,679

$4,167,679

Merit System Assessments

$4,163,792

$4,163,792

$4,163,792

Merit System Training and Compensation Fees

$3,887

$3,887

$3,887

TOTAL PUBLIC FUNDS

$4,217,257

$4,217,257

$4,217,257

Statewide Changes

282.1 WC, GTA, and GBA

Merit System Assessments

$2,655

$2,655

$2,655

One-Time Expense

282.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds used for

reimbursements associated with travel costs.

Merit System Assessments

$2,090

System Administration

Appropriation (HB1026)

The purpose is to provide administrative and technical support to the agency.

TOTAL AGENCY FUNDS

$49,578

$49,578

$49,578

Reserved Fund Balances

$49,578

$49,578

$49,578

Flexible Spending Account Fund

$49,578

$49,578

$49,578

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,170,334

$4,170,334

$4,172,424

WEDNESDAY, FEBRUARY 15, 2006

727

Merit System Assessments

$4,166,447

$4,166,447

$4,168,537

Merit System Training and Compensation Fees

$3,887

$3,887

$3,887

TOTAL PUBLIC FUNDS

$4,219,912

$4,219,912

$4,222,002

283. Total Compensation and Rewards

Appropriation (HB85)

The purpose is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL AGENCY FUNDS

$1,287,569

$1,287,569

$1,287,569

Reserved Fund Balances

$1,111,455

$1,111,455

$1,111,455

Flexible Spending Account Fund

$1,111,455

$1,111,455

$1,111,455

Sales and Services

$176,114

$176,114

$176,114

Collection/Administrative Fees

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,278,690

$3,278,690

$3,278,690

Merit System Assessments

$3,250,459

$3,250,459

$3,250,459

Merit System Training and Compensation Fees

$28,231

$28,231

$28,231

TOTAL PUBLIC FUNDS

$4,566,259

$4,566,259

$4,566,259

Statewide Changes

283.1 WC, GTA, and GBA

Merit System Assessments

$1,730

$1,730

$1,730

Changes in the Size of the Program

283.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for Commission

for a New Georgia recommendations and PeopleSoft upgrades.

Flexible Spending Account Fund

$196,697

Agency to Agency Contracts

$2,350,000

TOTAL PUBLIC FUNDS

$2,546,697

Total Compensation and Rewards

Appropriation (HB1026)

The purpose is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL AGENCY FUNDS

$1,287,569

$1,287,569

$1,484,266

Reserved Fund Balances

$1,111,455

$1,111,455

$1,308,152

Flexible Spending Account Fund

$1,111,455

$1,111,455

$1,308,152

Sales and Services

$176,114

$176,114

$176,114

Collection/Administrative Fees

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,280,420

$3,280,420

$5,630,420

728

JOURNAL OF THE SENATE

Agency to Agency Contracts

$2,350,000

Merit System Assessments

$3,252,189

$3,252,189

$3,252,189

Merit System Training and Compensation Fees

$28,231

$28,231

$28,231

TOTAL PUBLIC FUNDS

$4,567,989

$4,567,989

$7,114,686

284. Workforce Development and Alignment

Appropriation (HB85)

The purpose is to provide continuous opportunities for state employees to grow and develop professionally resulting in

increased productivity for state agencies and entities.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,505,219

$3,505,219

$3,505,219

Merit System Assessments

$3,065,452

$3,065,452

$3,065,452

Merit System Training and Compensation Fees

$439,767

$439,767

$439,767

TOTAL PUBLIC FUNDS

$3,505,219

$3,505,219

$3,505,219

Statewide Changes

284.1 WC, GTA, and GBA

Merit System Assessments

$888

$888

$888

Changes in the Size of the Program

284.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for Commission

for a New Georgia recommendations and mail, consulting, and legal expenses.

Agency to Agency Contracts

$825,000

Merit System Assessments

$1,309,030

TOTAL PUBLIC FUNDS

$2,134,030

Workforce Development and Alignment

Appropriation (HB1026)

The purpose is to provide continuous opportunities for state employees to grow and develop professionally resulting in

increased productivity for state agencies and entities.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,506,107

$3,506,107

$5,640,137

Agency to Agency Contracts

$825,000

Merit System Assessments

$3,066,340

$3,066,340

$4,375,370

Merit System Training and Compensation Fees

$439,767

$439,767

$439,767

TOTAL PUBLIC FUNDS

$3,506,107

$3,506,107

$5,640,137

The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations

and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal

year.

WEDNESDAY, FEBRUARY 15, 2006
Section 34: Natural Resources, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Boating Safety CFDA97.011 Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 DOE Savannah River Site CFDA81.104 Environmental Protection Consolidated Research CFDA66.500 Federal Highway Administration Planning & Construction
CFDA20.205 Flood Plain - FEMA CFDA83.103 Historic Preservation Fund Grants-In-Aid CFDA15.904 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 Outdoor Recreation Acquisition, Development & Planning
CFDA15.916 PPG CFDA 66.605 Radon Awareness Grant CFDA 66.032 Sport Fish Restoration CFDA15.605 State and Tribal Response Program Grants CFDA66.804 UIC State Match CFDA66.433 Water Quality Management Planning CFDA66.454 Wildlife Restoration CFDA15.611
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents

729

Section Total (HB85)

$98,464,233

$98,464,233

$98,464,233

$98,464,233

$20,863,133

$20,863,133

$489,118

$489,118

$900,507

$900,507

$1,117,414

$1,117,414

$252,430

$252,430

$163,702

$163,702

$26,578

$26,578

$62,350

$62,350

$446,842

$446,842

$98,464,233 $98,464,233 $20,863,133
$489,118 $900,507 $1,117,414 $252,430 $163,702 $26,578 $62,350 $446,842

$26,284 $544,351 $155,385 $1,144,809 $845,941

$26,284 $544,351 $155,385 $1,144,809 $845,941

$26,284 $544,351 $155,385 $1,144,809 $845,941

$4,999,889 $73,850
$4,755,638 $20,000 $17,598
$527,172 $4,293,275 $74,871,963
$677,763 $3,707,103
$16,276

$4,999,889 $73,850
$4,755,638 $20,000 $17,598 $527,172
$4,293,275 $74,871,963
$677,763 $3,707,103
$16,276

$4,999,889 $73,850
$4,755,638 $20,000 $17,598 $527,172
$4,293,275 $74,871,963
$677,763 $3,707,103
$16,276

730

JOURNAL OF THE SENATE

Sales and Services

$70,470,821

$70,470,821

TOTAL PUBLIC FUNDS

$194,199,329 $194,199,329

Final Section Totals

TOTAL STATE FUNDS

$114,020,721 $114,870,721

State General Funds

$114,020,721 $114,870,721

TOTAL FEDERAL FUNDS

$10,070,605

$10,070,605

Boating Safety CFDA97.011

$169,180

$169,180

Clean Water State Revolving Funds CFDA66.458

Drinking Water State Revolving Funds CFDA66.468

CERCLA Remedial CFDA66.802

CERCLA Site Response CFDA66.817

DOE Savannah River Site CFDA81.104

Environmental Protection Consolidated Research CFDA66.500

Federal Highway Administration Planning & Construction CFDA20.205

Flood Plain - FEMA CFDA83.103

Historic Preservation Fund Grants-In-Aid CFDA15.904

$490,000

$490,000

Lead Grant Program CFDA66.707

Leaking Underground Storage Trust Fund CFDA66.805

Outdoor Recreation Acquisition, Development & Planning

$845,941

$845,941

CFDA15.916

PPG CFDA 66.605

$3,363,161

$3,363,161

Radon Awareness Grant CFDA 66.032

$73,850

$73,850

Sport Fish Restoration CFDA15.605

$1,306,138

$1,306,138

State and Tribal Response Program Grants CFDA66.804

UIC State Match CFDA66.433

Water Quality Management Planning CFDA66.454

Wildlife Restoration CFDA15.611

$3,822,335

$3,822,335

TOTAL AGENCY FUNDS

$25,491,011

$25,491,011

Reserved Fund Balances

$103,913

$103,913

Intergovernmental Transfers

$3,041,137

$3,041,137

Royalties and Rents

$15,250

$15,250

$70,470,821 $194,199,329
$114,770,721 $114,770,721 $20,863,133
$489,118 $900,507 $1,117,414 $252,430 $163,702
$26,578 $62,350 $446,842 $26,284 $544,351 $155,385 $1,144,809 $845,941
$4,999,889 $73,850
$4,755,638 $20,000 $17,598
$527,172 $4,293,275 $74,385,997
$857,763 $3,041,137
$16,276

WEDNESDAY, FEBRUARY 15, 2006

731

Sales and Services

$22,330,711

$22,330,711

$70,470,821

TOTAL PUBLIC FUNDS

$149,582,337 $150,432,337 $210,019,851

285. Coastal Resources

Appropriation (HB85)

The purpose is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental,

historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations.

TOTAL STATE FUNDS

$2,323,120

$2,323,120

$2,323,120

State General Funds

$2,323,120

$2,323,120

$2,323,120

TOTAL FEDERAL FUNDS

$170,862

$170,862

$170,862

Sport Fish Restoration CFDA15.605

$170,862

$170,862

$170,862

TOTAL PUBLIC FUNDS

$2,493,982

$2,493,982

$2,493,982

Statewide Changes

285.1 WC, GTA, and GBA

State General Funds

$18,923

$18,923

$18,923

One-Time Expense

285.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles.

State General Funds

$39,000

$39,000

$39,000

Coastal Resources

Appropriation (HB1026)

The purpose is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental,

historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations.

TOTAL STATE FUNDS

$2,381,043

$2,381,043

$2,381,043

State General Funds

$2,381,043

$2,381,043

$2,381,043

TOTAL FEDERAL FUNDS

$170,862

$170,862

$170,862

Sport Fish Restoration CFDA15.605

$170,862

$170,862

$170,862

TOTAL PUBLIC FUNDS

$2,551,905

$2,551,905

$2,551,905

286. Departmental Administration

Appropriation (HB85)

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$9,368,088

$9,368,088

$9,368,088

State General Funds

$9,368,088

$9,368,088

$9,368,088

TOTAL FEDERAL FUNDS

$53,814

$53,814

$53,814

Sport Fish Restoration CFDA15.605

$26,907

$26,907

$26,907

Wildlife Restoration CFDA15.611

$26,907

$26,907

$26,907

732

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$9,421,902

$9,421,902

$9,421,902

Statewide Changes

286.1 WC, GTA, and GBA

State General Funds

$73,839

$73,839

$73,839

Changes in How the Program is Funded

286.2 Remove fund sources.

Sport Fish Restoration CFDA15.605

($26,907)

($26,907)

$0

Wildlife Restoration CFDA15.611

($26,907)

($26,907)

$0

TOTAL PUBLIC FUNDS

($53,814)

($53,814)

$0

Departmental Administration

Appropriation (HB1026)

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$9,441,927

$9,441,927

$9,441,927

State General Funds

$9,441,927

$9,441,927

$9,441,927

TOTAL FEDERAL FUNDS

$53,814

Sport Fish Restoration CFDA15.605

$26,907

Wildlife Restoration CFDA15.611

$26,907

TOTAL PUBLIC FUNDS

$9,441,927

$9,441,927

$9,495,741

287. Environmental Protection

Appropriation (HB85)

The purpose is to help provide Georgia's citizens with clean air, clean water, healthy lives and productive land by assuring

compliance with environmental laws and by assisting others to do their part for a better environment.

TOTAL STATE FUNDS

$26,207,788

$26,207,788

$26,207,788

State General Funds

$26,207,788

$26,207,788

$26,207,788

TOTAL FEDERAL FUNDS

$9,850,960

$9,850,960

$9,850,960

Clean Water State Revolving Funds CFDA66.458

$900,507

$900,507

$900,507

Drinking Water State Revolving Funds CFDA66.468

$1,117,414

$1,117,414

$1,117,414

CERCLA Remedial CFDA66.802

$252,430

$252,430

$252,430

CERCLA Site Response CFDA66.817

$163,702

$163,702

$163,702

DOE Savannah River Site CFDA81.104

$26,578

$26,578

$26,578

Environmental Protection Consolidated Research CFDA66.500

$62,350

$62,350

$62,350

Federal Highway Administration Planning & Construction

$436,842

$436,842

$436,842

CFDA20.205

WEDNESDAY, FEBRUARY 15, 2006
Flood Plain - FEMA CFDA83.103 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 PPG CFDA 66.605 State and Tribal Response Program Grants CFDA66.804 UIC State Match CFDA66.433 Water Quality Management Planning CFDA66.454 TOTAL AGENCY FUNDS Sales and Services
Regulatory Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS Statewide Changes 287.1 WC, GTA, and GBA State General Funds One-Time Expense 287.2 Provide additional funds for on-going water-related litigation. State General Funds Changes in How the Program is Funded 287.3 Remove fund sources. Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 DOE Savannah River Site CFDA81.104 Environmental Protection Consolidated Research CFDA66.500 Federal Highway Administration Planning & Construction CFDA20.205 Flood Plain - FEMA CFDA83.103 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805

733

$26,284 $155,385 $1,144,809 $4,999,889
$20,000 $17,598 $527,172 $50,258,738 $50,258,738 $50,193,738 $65,000 $86,317,486

$26,284 $155,385 $1,144,809 $4,999,889 $20,000 $17,598 $527,172 $50,258,738 $50,258,738 $50,193,738 $65,000 $86,317,486

$301,441

$301,441

$600,000

$600,000

($900,507) ($1,117,414)
($252,430) ($163,702)
($26,578) ($62,350) ($436,842)
($26,284) ($155,385) ($1,144,809)

($900,507) ($1,117,414)
($252,430) ($163,702) ($26,578) ($62,350) ($436,842)
($26,284) ($155,385) ($1,144,809)

$26,284 $155,385 $1,144,809 $4,999,889 $20,000 $17,598 $527,172 $50,258,738 $50,258,738 $50,193,738 $65,000 $86,317,486
$301,441
$600,000
$0 $0 $0 $0 $0 $0 $0
$0 $0 $0

734

JOURNAL OF THE SENATE

PPG CFDA 66.605

($1,636,728)

($1,636,728)

$0

State and Tribal Response Program Grants CFDA66.804

($20,000)

($20,000)

$0

UIC State Match CFDA66.433

($17,598)

($17,598)

$0

Water Quality Management Planning CFDA66.454

($527,172)

($527,172)

$0

Regulatory Fees

($43,396,181) ($43,396,181)

$0

Sales and Services Not Itemized

($65,000)

($65,000)

$0

TOTAL PUBLIC FUNDS

($49,948,980) ($49,948,980)

$0

Changes in the Size of the Program

287.4 Transfer Solid Waste Trust Fund into the Environmental Protection program.

State General Funds

$1,500,000

$1,500,000

$0

287.5 Transfer the Hazardous Waste Trust Fund into the Environmental Protection program.

State General Funds

$7,600,000

$7,600,000

$0

Radon Awareness Grant CFDA 66.032

$73,850

$73,850

$0

TOTAL PUBLIC FUNDS

$7,673,850

$7,673,850

$0

287.6 Increase funding from $1.5 million to $4 million (S: Funds are added into the Solid Waste Trust Fund program).

State General Funds

$2,503,092

$2,503,092

$0

287.7 Increase funding from $7.6 million to $15.9 million (S:Funds are added in the Hazardous Waste Trust Fund

program).

State General Funds

$8,339,491

$8,339,491

$0

Environmental Protection

Appropriation (HB1026)

The purpose is to help provide Georgia's citizens with clean air, clean water, healthy lives and productive land by assuring

compliance with environmental laws and by assisting others to do their part for a better environment.

TOTAL STATE FUNDS

$47,051,812

$47,051,812

$27,109,229

State General Funds

$47,051,812

$47,051,812

$27,109,229

TOTAL FEDERAL FUNDS

$3,437,011

$3,437,011

$9,850,960

Clean Water State Revolving Funds CFDA66.458

$900,507

Drinking Water State Revolving Funds CFDA66.468

$1,117,414

CERCLA Remedial CFDA66.802

$252,430

CERCLA Site Response CFDA66.817

$163,702

DOE Savannah River Site CFDA81.104

$26,578

Environmental Protection Consolidated Research CFDA66.500

$62,350

WEDNESDAY, FEBRUARY 15, 2006

735

Federal Highway Administration Planning & Construction CFDA20.205

$436,842

Flood Plain - FEMA CFDA83.103

$26,284

Lead Grant Program CFDA66.707

$155,385

Leaking Underground Storage Trust Fund CFDA66.805

$1,144,809

PPG CFDA 66.605

$3,363,161

$3,363,161

$4,999,889

Radon Awareness Grant CFDA 66.032

$73,850

$73,850

State and Tribal Response Program Grants CFDA66.804

$20,000

UIC State Match CFDA66.433

$17,598

Water Quality Management Planning CFDA66.454

$527,172

TOTAL AGENCY FUNDS

$6,797,557

$6,797,557

$50,258,738

Sales and Services

$6,797,557

$6,797,557

$50,258,738

Regulatory Fees

$6,797,557

$6,797,557

$50,193,738

Sales and Services Not Itemized

$65,000

TOTAL PUBLIC FUNDS

$57,286,380

$57,286,380

$87,218,927

288. Hazardous Waste Trust Fund

Appropriation (HB85)

Investigate and clean up abandoned hazardous sites.

TOTAL STATE FUNDS

$7,600,000

$7,600,000

$7,600,000

State General Funds

$7,600,000

$7,600,000

$7,600,000

TOTAL FEDERAL FUNDS

$73,850

$73,850

$73,850

Radon Awareness Grant CFDA 66.032

$73,850

$73,850

$73,850

TOTAL PUBLIC FUNDS

$7,673,850

$7,673,850

$7,673,850

Changes in the Size of the Program

288.1 Transfer the Hazardous Waste Trust Fund program into the Environmental Protection program.

State General Funds

($7,600,000)

($7,600,000)

$0

Radon Awareness Grant CFDA 66.032

($73,850)

($73,850)

$0

TOTAL PUBLIC FUNDS

($7,673,850)

($7,673,850)

$0

288.2 Increase funding from $7.6 million to $15.9 million.

State General Funds

$8,339,491

Hazardous Waste Trust Fund

Appropriation (HB1026)

Investigate and clean up abandoned hazardous sites.

TOTAL STATE FUNDS

$15,939,491

736

JOURNAL OF THE SENATE

State General Funds

$15,939,491

TOTAL FEDERAL FUNDS

$73,850

Radon Awareness Grant CFDA 66.032

$73,850

TOTAL PUBLIC FUNDS

$16,013,341

289. Historic Preservation

Appropriation (HB85)

The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future

generations.

TOTAL STATE FUNDS

$1,904,709

$1,904,709

$1,904,709

State General Funds

$1,904,709

$1,904,709

$1,904,709

TOTAL FEDERAL FUNDS

$544,351

$544,351

$544,351

Historic Preservation Fund Grants-In-Aid CFDA15.904

$544,351

$544,351

$544,351

TOTAL PUBLIC FUNDS

$2,449,060

$2,449,060

$2,449,060

Statewide Changes

289.1 WC, GTA, and GBA

State General Funds

$16,568

$16,568

$16,568

Changes in How the Program is Funded

289.2 Remove fund sources.

Historic Preservation Fund Grants-In-Aid CFDA15.904

($54,351)

($54,351)

$0

Historic Preservation

Appropriation (HB1026)

The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future

generations.

TOTAL STATE FUNDS

$1,921,277

$1,921,277

$1,921,277

State General Funds

$1,921,277

$1,921,277

$1,921,277

TOTAL FEDERAL FUNDS

$490,000

$490,000

$544,351

Historic Preservation Fund Grants-In-Aid CFDA15.904

$490,000

$490,000

$544,351

TOTAL PUBLIC FUNDS

$2,411,277

$2,411,277

$2,465,628

290. Land Conservation

Appropriation (HB85)

The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities,

can preserve community green space.

TOTAL STATE FUNDS

$415,605

$415,605

$415,605

State General Funds

$415,605

$415,605

$415,605

WEDNESDAY, FEBRUARY 15, 2006

737

TOTAL PUBLIC FUNDS

$415,605

$415,605

$415,605

Statewide Changes

290.1 WC, GTA, and GBA

State General Funds

$3,051

$3,051

$3,051

Land Conservation

Appropriation (HB1026)

The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities,

can preserve community green space.

TOTAL STATE FUNDS

$418,656

$418,656

$418,656

State General Funds

$418,656

$418,656

$418,656

TOTAL PUBLIC FUNDS

$418,656

$418,656

$418,656

291. Parks, Recreation and Historic Sites

Appropriation (HB85)

The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout

Georgia.

TOTAL STATE FUNDS

$17,234,816

$17,234,816

$17,234,816

State General Funds

$17,234,816

$17,234,816

$17,234,816

TOTAL FEDERAL FUNDS

$855,941

$855,941

$855,941

Federal Highway Administration Planning & Construction

$10,000

$10,000

$10,000

CFDA20.205

Outdoor Recreation Acquisition, Development & Planning

$845,941

$845,941

$845,941

CFDA15.916

TOTAL AGENCY FUNDS

$20,650,999

$20,650,999

$20,650,999

Intergovernmental Transfers

$3,707,103

$3,707,103

$3,707,103

Jekyll Island State Park Authority Bond Payback

$940,190

$940,190

$940,190

Lake Lanier Islands Development Authority Bond Payback

$1,331,931

$1,331,931

$1,331,931

North Georgia Mountain Authority Bond Payback

$1,434,982

$1,434,982

$1,434,982

Royalties and Rents

$1,026

$1,026

$1,026

Royalties and Rents Not Itemized

$1,026

$1,026

$1,026

Sales and Services

$16,942,870

$16,942,870

$16,942,870

Park Receipts

$16,938,745

$16,938,745

$16,938,745

Sales and Services Not Itemized

$4,125

$4,125

$4,125

TOTAL PUBLIC FUNDS

$38,741,756

$38,741,756

$38,741,756

738

JOURNAL OF THE SENATE

Statewide Changes

291.1 WC, GTA, and GBA

State General Funds

$226,275

$226,275

$226,275

One-Time Expense

291.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles.

State General Funds

$105,304

$105,304

$105,304

291.5 Provide funds to construct a seawall at Mary Alice Park in Forsyth County.

State General Funds

$500,000

$400,000

291.6 Provide funds to be matched by $1,000,000 (S:$900,000) in federal funds to develop Balls Ferry State Park in

Wilkinson County.

State General Funds

$350,000

$225,000

Changes in How the Program is Funded

291.3 Remove fund sources.

Federal Highway Administration Planning & Construction

($10,000)

($10,000)

$0

CFDA20.205

Royalties and Rents Not Itemized

($1,026)

($1,026)

$0

Park Receipts

($2,000,000)

($2,000,000)

$0

Sales and Services Not Itemized

($4,125)

($4,125)

$0

TOTAL PUBLIC FUNDS

($2,015,151)

($2,015,151)

$0

291.4 Replace payments from the Lake Lanier Islands Development Authority with state general funds.

State General Funds

$665,966

$665,966

$665,966

Lake Lanier Islands Development Authority Bond Payback

($665,966)

($665,966)

($665,966)

TOTAL PUBLIC FUNDS

$0

$0

$0

Parks, Recreation and Historic Sites

Appropriation (HB1026)

The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout

Georgia.

TOTAL STATE FUNDS

$18,232,361

$19,082,361

$18,857,361

State General Funds

$18,232,361

$19,082,361

$18,857,361

TOTAL FEDERAL FUNDS

$845,941

$845,941

$855,941

Federal Highway Administration Planning & Construction

$10,000

CFDA20.205

WEDNESDAY, FEBRUARY 15, 2006

739

Outdoor Recreation Acquisition, Development & Planning CFDA15.916 TOTAL AGENCY FUNDS
Intergovernmental Transfers Jekyll Island State Park Authority Bond Payback Lake Lanier Islands Development Authority Bond Payback North Georgia Mountain Authority Bond Payback
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Park Receipts Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$845,941
$17,979,882 $3,041,137 $940,190 $665,965 $1,434,982
$14,938,745 $14,938,745
$37,058,184

$845,941
$17,979,882 $3,041,137 $940,190 $665,965 $1,434,982
$14,938,745 $14,938,745
$37,908,184

$845,941
$19,985,033 $3,041,137 $940,190 $665,965 $1,434,982 $1,026 $1,026
$16,942,870 $16,938,745
$4,125 $39,698,335

292. Pollution Prevention Assistance

Appropriation (HB85)

The purpose is to reduce pollution by providing non-regulatory assistance.

TOTAL AGENCY FUNDS

$677,763

$677,763

$677,763

Reserved Fund Balances

$677,763

$677,763

$677,763

Hazardous Waste Trust Fund

$603,913

$603,913

$603,913

Solid Waste Trust Fund

$73,850

$73,850

$73,850

TOTAL PUBLIC FUNDS

$677,763

$677,763

$677,763

Statewide Changes

292.1 WC, GTA, and GBA

State General Funds

$5,572

$5,572

$5,572

Changes in How the Program is Funded

292.2 Remove fund sources.

Hazardous Waste Trust Fund

($500,000)

($500,000)

$0

Solid Waste Trust Fund

($73,850)

($73,850)

$0

TOTAL PUBLIC FUNDS

($573,850)

($573,850)

$0

Pollution Prevention Assistance

Appropriation (HB1026)

The purpose is to reduce pollution by providing non-regulatory assistance.

740

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$5,572

$5,572

$5,572

State General Funds

$5,572

$5,572

$5,572

TOTAL AGENCY FUNDS

$103,913

$103,913

$677,763

Reserved Fund Balances

$103,913

$103,913

$677,763

Hazardous Waste Trust Fund

$103,913

$103,913

$603,913

Solid Waste Trust Fund

$73,850

TOTAL PUBLIC FUNDS

$109,485

$109,485

$683,335

293. Solid Waste Trust Fund

Appropriation (HB85)

Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and

corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs.

TOTAL STATE FUNDS

$1,500,000

$1,500,000

$1,500,000

State General Funds

$1,500,000

$1,500,000

$1,500,000

TOTAL PUBLIC FUNDS

$1,500,000

$1,500,000

$1,500,000

Changes in Operations / Administration

293.3 Increase funding to raise sunken boats along the Georgia coast.

Solid Waste Trust Fund

$180,000

Changes in the Size of the Program

293.1 Transfer the Solid Waste Trust Fund program into the Environmental Protection program.

State General Funds

($1,500,000)

($1,500,000)

$0

293.2 Increase funding from $1.5 million to $4 million.

State General Funds

$2,503,092

Solid Waste Trust Fund

Appropriation (HB1026)

Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and

corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs.

TOTAL STATE FUNDS

$4,003,092

State General Funds

$4,003,092

TOTAL AGENCY FUNDS

$180,000

Reserved Fund Balances

$180,000

Solid Waste Trust Fund

$180,000

TOTAL PUBLIC FUNDS

$4,183,092

WEDNESDAY, FEBRUARY 15, 2006

741

294. Wildlife Resources

Appropriation (HB85)

The purpose is to regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-game and endangered

wildlife, and maintain public education and law enforcement programs.

TOTAL STATE FUNDS

$28,915,612

$28,915,612

$28,915,612

State General Funds

$28,915,612

$28,915,612

$28,915,612

TOTAL FEDERAL FUNDS

$9,313,355

$9,313,355

$9,313,355

Boating Safety CFDA97.011

$489,118

$489,118

$489,118

Sport Fish Restoration CFDA15.605

$4,557,869

$4,557,869

$4,557,869

Wildlife Restoration CFDA15.611

$4,266,368

$4,266,368

$4,266,368

TOTAL AGENCY FUNDS

$2,952,250

$2,952,250

$2,952,250

Royalties and Rents

$15,250

$15,250

$15,250

Royalties and Rents Not Itemized

$15,250

$15,250

$15,250

Sales and Services

$2,937,000

$2,937,000

$2,937,000

Park Receipts

$41,000

$41,000

$41,000

Regulatory Fees

$47,266

$47,266

$47,266

Sales and Services Not Itemized

$2,848,734

$2,848,734

$2,848,734

TOTAL PUBLIC FUNDS

$41,181,217

$41,181,217

$41,181,217

Statewide Changes

294.1 WC, GTA, and GBA

State General Funds

$293,764

$293,764

$293,764

Changes in Operations / Administration

294.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles.

State General Funds

$855,696

$855,696

$855,696

294.5 Provide funds for road construction at the Ocmulgee Public Fishing Area in Bleckley and Pulaski counties.

State General Funds

$125,000

Changes in How the Program is Funded

294.3 Remove fund sources.

Boating Safety CFDA97.011

($319,938)

($319,938)

$0

Sport Fish Restoration CFDA15.605

($3,422,593)

($3,422,593)

$0

Wildlife Restoration CFDA15.611

($444,033)

($444,033)

$0

Sales and Services Not Itemized

($2,674,804)

($2,674,804)

$0

742

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

($6,861,368)

($6,861,368)

$0

Changes in the Size of the Program

294.4 Provide funds for the Wildlife Endowment Fund.

State General Funds

$579,650

$579,650

$579,650

Wildlife Resources

Appropriation (HB1026)

The purpose is to regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-game and endangered

wildlife, and maintain public education and law enforcement programs.

TOTAL STATE FUNDS

$30,644,722

$30,644,722

$30,769,722

State General Funds

$30,644,722

$30,644,722

$30,769,722

TOTAL FEDERAL FUNDS

$5,126,791

$5,126,791

$9,313,355

Boating Safety CFDA97.011

$169,180

$169,180

$489,118

Sport Fish Restoration CFDA15.605

$1,135,276

$1,135,276

$4,557,869

Wildlife Restoration CFDA15.611

$3,822,335

$3,822,335

$4,266,368

TOTAL AGENCY FUNDS

$277,446

$277,446

$2,952,250

Royalties and Rents

$15,250

$15,250

$15,250

Royalties and Rents Not Itemized

$15,250

$15,250

$15,250

Sales and Services

$262,196

$262,196

$2,937,000

Park Receipts

$41,000

$41,000

$41,000

Regulatory Fees

$47,266

$47,266

$47,266

Sales and Services Not Itemized

$173,930

$173,930

$2,848,734

TOTAL PUBLIC FUNDS

$36,048,959

$36,048,959

$43,035,327

295. Civil War Commission

Appropriation (HB85)

The purpose is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields

associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and

other historic properties associated with the Civil War.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

Civil War Commission

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

743

The purpose is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields

associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and

other historic properties associated with the Civil War.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

296. Georgia State Games Commission

Appropriation (HB85)

The purpose is to improve the physical fitness of Georgians.

TOTAL STATE FUNDS

$50,149

$50,149

$50,149

State General Funds

$50,149

$50,149

$50,149

TOTAL AGENCY FUNDS

$332,213

$332,213

$332,213

Sales and Services

$332,213

$332,213

$332,213

Sales and Services Not Itemized

$332,213

$332,213

$332,213

TOTAL PUBLIC FUNDS

$382,362

$382,362

$382,362

Georgia State Games Commission

Appropriation (HB1026)

The purpose is to improve the physical fitness of Georgians.

TOTAL STATE FUNDS

$50,149

$50,149

$50,149

State General Funds

$50,149

$50,149

$50,149

TOTAL AGENCY FUNDS

$332,213

$332,213

$332,213

Sales and Services

$332,213

$332,213

$332,213

Sales and Services Not Itemized

$332,213

$332,213

$332,213

TOTAL PUBLIC FUNDS

$382,362

$382,362

$382,362

297. Payments to Georgia Agricultural Exposition Authority

Appropriation (HB85)

The purpose is to showcase the state's agriculture and agribusiness, promote the agricultural achievement of Georgia's

young people, provide a center for diverse activities, and stage and promote a statewide fair.

TOTAL STATE FUNDS

$1,601,868

$1,601,868

$1,601,868

State General Funds

$1,601,868

$1,601,868

$1,601,868

TOTAL PUBLIC FUNDS

$1,601,868

$1,601,868

$1,601,868

Statewide Changes

297.1 WC, GTA, and GBA

State General Funds

$2,935

$2,935

$2,935

744

JOURNAL OF THE SENATE

One-Time Expense

297.2 Provide funding for roadway improvements.

State General Funds

$625,000

$625,000

$625,000

Payments to Georgia Agricultural Exposition Authority

Appropriation (HB1026)

The purpose is to showcase the state's agriculture and agribusiness, promote the agricultural achievement of Georgia's

young people, provide a center for diverse activities, and stage and promote a statewide fair.

TOTAL STATE FUNDS

$2,229,803

$2,229,803

$2,229,803

State General Funds

$2,229,803

$2,229,803

$2,229,803

TOTAL PUBLIC FUNDS

$2,229,803

$2,229,803

$2,229,803

298. Payments to Georgia Agrirama Development Authority

Appropriation (HB85)

The purpose is to collect, display, and preserve material culture of Georgia's agriculture and rural history and present to

general public and school groups.

TOTAL STATE FUNDS

$820,514

$820,514

$820,514

State General Funds

$820,514

$820,514

$820,514

TOTAL PUBLIC FUNDS

$820,514

$820,514

$820,514

Statewide Changes

298.1 WC, GTA, and GBA

State General Funds

$921

$921

$921

One-Time Expense

298.2 Provide funds for grounds improvements and facilities.

State General Funds

$300,000

$300,000

$300,000

Payments to Georgia Agrirama Development Authority

Appropriation (HB1026)

The purpose is to collect, display, and preserve material culture of Georgia's agriculture and rural history and present to

general public and school groups.

TOTAL STATE FUNDS

$1,121,435

$1,121,435

$1,121,435

State General Funds

$1,121,435

$1,121,435

$1,121,435

TOTAL PUBLIC FUNDS

$1,121,435

$1,121,435

$1,121,435

299. Payments to Lake Allatoona Preservation Authority

Appropriation (HB85)

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

State General Funds

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

$100,000

WEDNESDAY, FEBRUARY 15, 2006

745

Payments to Lake Allatoona Preservation Authority

Appropriation (HB1026)

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

State General Funds

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

$100,000

300. Payments to Southwest Georgia Railroad Excursion

Appropriation (HB85)

Authority

The purpose is to construct, finance, operate, and develop a rail passenger excursion project utilizing any state owned

railway in Crisp and Sumter counties and any nearby county which may be included within the service area.

TOTAL STATE FUNDS

$371,964

$371,964

$371,964

State General Funds

$371,964

$371,964

$371,964

TOTAL PUBLIC FUNDS

$371,964

$371,964

$371,964

Payments to Southwest Georgia Railroad Excursion Authority

Appropriation (HB1026)

The purpose is to construct, finance, operate, and develop a rail passenger excursion project utilizing any state owned

railway in Crisp and Sumter counties and any nearby county which may be included within the service area.

TOTAL STATE FUNDS

$371,964

$371,964

$371,964

State General Funds

$371,964

$371,964

$371,964

TOTAL PUBLIC FUNDS

$371,964

$371,964

$371,964

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds

contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to

supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division

for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking

pass implemented by the Department.

The above appropriations reflect receipts from Lake Lanier Island Development Authority in an amount of $665,966 for

year 16 of 20 years; last payment being made June 15th, 2010, Jekyll Island State Park Authority - $260,844 for year 17 of

20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $679,346 for year

12 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 12

of 20 years; last payment being made June 15th, 2014.

Section 35: Pardons and Paroles, State Board of

Section Total (HB85)

TOTAL STATE FUNDS

$47,627,215

$47,627,215

$47,627,215

746

JOURNAL OF THE SENATE

State General Funds

$47,627,215

$47,627,215

$47,627,215

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

Reduce & Prevent - Children's Exposure to Violence

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$47,727,215

$47,727,215

$47,727,215

Final Section Totals

TOTAL STATE FUNDS

$48,312,603

$48,312,603

$48,312,603

State General Funds

$48,312,603

$48,312,603

$48,312,603

TOTAL FEDERAL FUNDS

$100,000

$100,000

$139,441

Asset Forfeiture CFDA99.OFA

$11,611

Community Prosecution & Project Safe Neighborhoods CFDA16.609

$13,915

Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580

$113,915

Reduce & Prevent - Children's Exposure to Violence

$100,000

$100,000

CFDA16.730

TOTAL AGENCY FUNDS

$27,736

Rebates, Refunds, and Reimbursements

$27,736

TOTAL PUBLIC FUNDS

$48,412,603

$48,412,603

$48,479,780

301. Board Administration

Appropriation (HB85)

The purpose is to provide administrative support for the agency.

TOTAL STATE FUNDS

$4,326,255

$4,326,255

$4,326,255

State General Funds

$4,326,255

$4,326,255

$4,326,255

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

Reduce & Prevent - Children's Exposure to Violence

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$4,426,255

$4,426,255

$4,426,255

Statewide Changes

301.1 WC, GTA, and GBA

State General Funds

$3,543

$3,543

$3,543

Changes in Operations / Administration

301.2 Provide additional funds for utilities, fuel and mileage reimbursement.

State General Funds

$20,652

$20,652

$20,652

Changes in How the Program is Funded

301.4 Change base budge to correct fund source type.

WEDNESDAY, FEBRUARY 15, 2006

747

Edward Byrne Memorial State Law Enforcement Assistance

$100,000

CFDA16.580

Reduce & Prevent - Children's Exposure to Violence CFDA16.730

($100,000)

TOTAL PUBLIC FUNDS

$0

Changes in the Size of the Program

301.3 Redistribute funds from Parole Supervision.

State General Funds

$400,000

$400,000

$400,000

Board Administration

Appropriation (HB1026)

The purpose is to provide administrative support for the agency.

TOTAL STATE FUNDS

$4,750,450

$4,750,450

$4,750,450

State General Funds

$4,750,450

$4,750,450

$4,750,450

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

Edward Byrne Memorial State Law Enforcement Assistance

$100,000

CFDA16.580

Reduce & Prevent - Children's Exposure to Violence

$100,000

$100,000

CFDA16.730

TOTAL PUBLIC FUNDS

$4,850,450

$4,850,450

$4,850,450

302. Clemency Decisions

Appropriation (HB85)

The purpose is to investigate offenders when they enter the corrections system and make determinations about offender

eligibility for parole.

TOTAL STATE FUNDS

$9,769,111

$9,769,111

$9,769,111

State General Funds

$9,769,111

$9,769,111

$9,769,111

TOTAL PUBLIC FUNDS

$9,769,111

$9,769,111

$9,769,111

Statewide Changes

302.1 WC, GTA, and GBA

State General Funds

$7,820

$7,820

$7,820

Changes in Operations / Administration

302.2 Provide additional funds for utilities, fuel and mileage reimbursement.

State General Funds

$15,452

$15,452

$15,452

Changes in the Size of the Program

302.3 Redistribute funds from the Parole Supervision program for increased records retention expenses.

748

JOURNAL OF THE SENATE

State General Funds

$50,000

$50,000

$50,000

Clemency Decisions

Appropriation (HB1026)

The purpose is to investigate offenders when they enter the corrections system and make determinations about offender

eligibility for parole.

TOTAL STATE FUNDS

$9,842,383

$9,842,383

$9,842,383

State General Funds

$9,842,383

$9,842,383

$9,842,383

TOTAL PUBLIC FUNDS

$9,842,383

$9,842,383

$9,842,383

303. Parole Supervision

Appropriation (HB85)

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS

$33,015,382

$33,015,382

$33,015,382

State General Funds

$33,015,382

$33,015,382

$33,015,382

TOTAL PUBLIC FUNDS

$33,015,382

$33,015,382

$33,015,382

Statewide Changes

303.1 WC, GTA, and GBA

State General Funds

$26,427

$26,427

$26,427

Changes in Operations / Administration

303.2 Provide additional funds for utilities, fuel and mileage reimbursement.

State General Funds

$311,081

$311,081

$311,081

One-Time Expense

303.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

received from insurance recovery.

Rebates, Refunds, and Reimbursements Not Itemized

$27,736

303.9 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

from search and seizures performed and overtime reimbursed by the US Marshals office.

Asset Forfeiture CFDA99.OFA

$11,611

Changes in the Size of the Program

303.3 Redistribute funds to Administration.

State General Funds

($400,000)

($400,000)

($400,000)

303.4 Redistribute funds to the Clemency Decisions program for increased records retention expenses.

State General Funds

($50,000)

($50,000)

($50,000)

303.5 Provide additional funding for substance abuse assessment and treatment.

WEDNESDAY, FEBRUARY 15, 2006

749

State General Funds

$300,000

$300,000

$300,000

303.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

locate and capture absconded parolees.

Community Prosecution & Project Safe Neighborhoods CFDA16.609

$13,915

303.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

fund the Atlanta Comprehensive Homicide project with the Atlanta Police Department.

Edward Byrne Memorial State Law Enforcement Assistance

$13,915

CFDA16.580

Parole Supervision

Appropriation (HB1026)

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS

$33,202,890

$33,202,890

$33,202,890

State General Funds

$33,202,890

$33,202,890

$33,202,890

TOTAL FEDERAL FUNDS

$39,441

Asset Forfeiture CFDA99.OFA

$11,611

Community Prosecution & Project Safe Neighborhoods

$13,915

CFDA16.609

Edward Byrne Memorial State Law Enforcement Assistance

$13,915

CFDA16.580

TOTAL AGENCY FUNDS

$27,736

Rebates, Refunds, and Reimbursements

$27,736

Rebates, Refunds, and Reimbursements Not Itemized

$27,736

TOTAL PUBLIC FUNDS

$33,202,890

$33,202,890

$33,270,067

304. Victim Services

Appropriation (HB85)

The purpose of this program is to provide notification to victims of changes in offender status or placement, to conduct

outreach and information gathering from victim during clemency proceedings and generally to act as a liaison to victims

for the state corrections system.

TOTAL STATE FUNDS

$516,467

$516,467

$516,467

State General Funds

$516,467

$516,467

$516,467

TOTAL PUBLIC FUNDS

$516,467

$516,467

$516,467

Statewide Changes

750

JOURNAL OF THE SENATE

304.1 WC, GTA, and GBA

State General Funds

$413

$413

$413

Victim Services

Appropriation (HB1026)

The purpose of this program is to provide notification to victims of changes in offender status or placement, to conduct

outreach and information gathering from victim during clemency proceedings and generally to act as a liaison to victims

for the state corrections system.

TOTAL STATE FUNDS

$516,880

$516,880

$516,880

State General Funds

$516,880

$516,880

$516,880

TOTAL PUBLIC FUNDS

$516,880

$516,880

$516,880

Section 36: Properties Commission, State

Section Total (HB85)

TOTAL STATE FUNDS

$3,261,332

$3,261,332

$3,261,332

State General Funds

$3,261,332

$3,261,332

$3,261,332

TOTAL PUBLIC FUNDS

$3,261,332

$3,261,332

$3,261,332

Final Section Totals

TOTAL STATE FUNDS

$3,261,962

$3,261,962

$3,261,962

State General Funds

$3,261,962

$3,261,962

$3,261,962

TOTAL PUBLIC FUNDS

$3,261,962

$3,261,962

$3,261,962

41. Space Management

Appropriation (HB85)

The purpose is to help state government meet its current need for office space and plan for future needs as business goals

and operations change.

TOTAL STATE FUNDS

$371,491

$371,491

$371,491

State General Funds

$371,491

$371,491

$371,491

TOTAL PUBLIC FUNDS

$371,491

$371,491

$371,491

Space Management

Appropriation (HB1026)

The purpose is to help state government meet its current need for office space and plan for future needs as business goals

and operations change.

TOTAL STATE FUNDS

$371,491

$371,491

$371,491

State General Funds

$371,491

$371,491

$371,491

TOTAL PUBLIC FUNDS

$371,491

$371,491

$371,491

WEDNESDAY, FEBRUARY 15, 2006

751

305. Properties Commission, State

Appropriation (HB85)

The purpose is to assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an

equitable, legal, ethical, and efficient manner.

TOTAL STATE FUNDS

$558,553

$558,553

$558,553

State General Funds

$558,553

$558,553

$558,553

TOTAL PUBLIC FUNDS

$558,553

$558,553

$558,553

Statewide Changes

305.1 WC, GTA, and GBA

State General Funds

$630

$630

$630

Properties Commission, State

Appropriation (HB1026)

The purpose is to assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an

equitable, legal, ethical, and efficient manner.

TOTAL STATE FUNDS

$559,183

$559,183

$559,183

State General Funds

$559,183

$559,183

$559,183

TOTAL PUBLIC FUNDS

$559,183

$559,183

$559,183

306. Payments to Georgia Building Authority

Appropriation (HB85)

The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state

government.

TOTAL STATE FUNDS

$2,331,288

$2,331,288

$2,331,288

State General Funds

$2,331,288

$2,331,288

$2,331,288

TOTAL PUBLIC FUNDS

$2,331,288

$2,331,288

$2,331,288

Payments to Georgia Building Authority

Appropriation (HB1026)

The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state

government.

TOTAL STATE FUNDS

$2,331,288

$2,331,288

$2,331,288

State General Funds

$2,331,288

$2,331,288

$2,331,288

TOTAL PUBLIC FUNDS

$2,331,288

$2,331,288

$2,331,288

Section 37: Public Safety, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$97,877,059

$97,877,059

$97,877,059

State General Funds

$97,877,059

$97,877,059

$97,877,059

752

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$5,728,935

$5,728,935

National Motor Carrier Safety Administration CFDA20.218

$2,561,998

$2,561,998

State and Community Highway Safety CFDA20.600

$3,166,937

$3,166,937

TOTAL AGENCY FUNDS

$7,953,811

$7,953,811

Sales and Services

$7,953,811

$7,953,811

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,028,595

$4,028,595

TOTAL PUBLIC FUNDS

$115,588,400 $115,588,400

Final Section Totals

TOTAL STATE FUNDS

$99,726,696 $100,856,696

State General Funds

$99,726,696 $100,856,696

TOTAL FEDERAL FUNDS

$5,728,935

$5,728,935

Asset Forfeiture CFDA99.OFA

Assistance to Firefighters Grant CFDA97.044

Byrne Formula Grant Program CFDA16.579

CDC-Investigations & Technical Assistance CFDA93.283

Cooperative Forestry Assistance CFDA10.664

Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580

Highway Safety Data Improvements Incentive Grants CFDA20.603

National Motor Carrier Safety Administration CFDA20.218

$2,561,998

$2,561,998

Police Corps CFDA16.712

Safety Incentives to Prevent Oper.of Vehicles by Intoxicated

Persons CFDA20.605

State and Community Highway Safety CFDA20.600

$3,166,937

$3,166,937

State and Local Homeland Security Training Program CFDA97.005

State Domestic Preparedness Equipment Support CFDA97.004

State Fire Training Systems Grants CFDA97.043

TOTAL AGENCY FUNDS

$7,953,811

$7,953,811

Contributions, Donations, and Forfeitures

Sales and Services

$7,953,811

$7,953,811

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,028,595

$4,028,595

TOTAL PUBLIC FUNDS

$117,438,037 $118,568,037

$5,728,935 $2,561,998 $3,166,937 $7,953,811 $7,953,811 $4,028,595 $115,588,400
$100,791,696 $100,791,696 $14,414,417
$239,375 $14,075
$445,842 $37,939 $21,220
$559,164 $11,800
$2,883,674 $97,575
$1,503,602
$8,130,555 $379,429 $5,567 $84,600
$8,246,562 $3,115
$8,243,447 $6,810,880 $130,263,555

WEDNESDAY, FEBRUARY 15, 2006

753

307. Aviation

Appropriation (HB85)

The purpose is to provide air support to the Georgia State Patrol and other state, federal, and local agencies improving

public safety for the citizens of Georgia.

TOTAL STATE FUNDS

$2,307,130

$2,307,130

$2,307,130

State General Funds

$2,307,130

$2,307,130

$2,307,130

TOTAL PUBLIC FUNDS

$2,307,130

$2,307,130

$2,307,130

Statewide Changes

307.1 WC, GTA, and GBA

State General Funds

$3,489

$3,489

$3,489

One-Time Expense

307.2 Renovate Reidsville State Patrol Hangar.

State General Funds

$250,000

307.3 Repair state patrol hangar at the Thomson-McDuffie County Airport.

State General Funds

$250,000

Changes in the Size of the Program

307.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Asset Forfeiture CFDA99.OFA

$5,936

Aviation

Appropriation (HB1026)

The purpose is to provide air support to the Georgia State Patrol and other state, federal, and local agencies improving

public safety for the citizens of Georgia.

TOTAL STATE FUNDS

$2,310,619

$2,310,619

$2,810,619

State General Funds

$2,310,619

$2,310,619

$2,810,619

TOTAL FEDERAL FUNDS

$5,936

Asset Forfeiture CFDA99.OFA

$5,936

TOTAL PUBLIC FUNDS

$2,310,619

$2,310,619

$2,816,555

308. Capitol Police Services

Appropriation (HB85)

The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the

Capitol.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,151,435

$3,151,435

$3,151,435

Agency to Agency Contracts

$3,151,435

$3,151,435

$3,151,435

754

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$3,151,435

$3,151,435

$3,151,435

Changes in the Size of the Program

308.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

from the Georgia Building Authority.

Agency to Agency Contracts

$2,782,285

Capitol Police Services

Appropriation (HB1026)

The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the

Capitol.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,151,435

$3,151,435

$5,933,720

Agency to Agency Contracts

$3,151,435

$3,151,435

$5,933,720

TOTAL PUBLIC FUNDS

$3,151,435

$3,151,435

$5,933,720

309. Departmental Administration

Appropriation (HB85)

The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors

to our state.

TOTAL STATE FUNDS

$9,816,239

$9,816,239

$9,816,239

State General Funds

$9,816,239

$9,816,239

$9,816,239

TOTAL PUBLIC FUNDS

$9,816,239

$9,816,239

$9,816,239

Statewide Changes

309.1 WC, GTA, and GBA

State General Funds

$12,312

$12,312

$12,312

Changes in the Size of the Program

309.2 Transfer one position and funds from the Department of Revenue as part of the reorganization of the Department of

Motor Vehicles.

State General Funds

$30,000

$30,000

$30,000

309.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Asset Forfeiture CFDA99.OFA

$43,820

Departmental Administration

Appropriation (HB1026)

The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors

to our state.

TOTAL STATE FUNDS

$9,858,551

$9,858,551

$9,858,551

WEDNESDAY, FEBRUARY 15, 2006

755

State General Funds

$9,858,551

$9,858,551

$9,858,551

TOTAL FEDERAL FUNDS

$43,820

Asset Forfeiture CFDA99.OFA

$43,820

TOTAL PUBLIC FUNDS

$9,858,551

$9,858,551

$9,902,371

310. Executive Security Services

Appropriation (HB85)

The purpose is to provide facility security for the Governor's Mansion and personal security for the residents; and to

provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

TOTAL STATE FUNDS

$1,050,978

$1,050,978

$1,050,978

State General Funds

$1,050,978

$1,050,978

$1,050,978

TOTAL PUBLIC FUNDS

$1,050,978

$1,050,978

$1,050,978

Statewide Changes

310.1 WC, GTA, and GBA

State General Funds

$2,307

$2,307

$2,307

Changes in the Size of the Program

310.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Asset Forfeiture CFDA99.OFA

$5,000

Executive Security Services

Appropriation (HB1026)

The purpose is to provide facility security for the Governor's Mansion and personal security for the residents; and to

provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

TOTAL STATE FUNDS

$1,053,285

$1,053,285

$1,053,285

State General Funds

$1,053,285

$1,053,285

$1,053,285

TOTAL FEDERAL FUNDS

$5,000

Asset Forfeiture CFDA99.OFA

$5,000

TOTAL PUBLIC FUNDS

$1,053,285

$1,053,285

$1,058,285

311. Field Offices and Services

Appropriation (HB85)

The purpose of the Criminal Interdiction Unit represents an active statewide commitment to reduce drug trafficking in the

State of Georgia by networking with other state, federal and local law enforcement agencies.

TOTAL STATE FUNDS

$60,086,195

$60,086,195

$60,086,195

State General Funds

$60,086,195

$60,086,195

$60,086,195

TOTAL PUBLIC FUNDS

$60,086,195

$60,086,195

$60,086,195

756

JOURNAL OF THE SENATE

Statewide Changes

311.1 WC, GTA, and GBA

State General Funds

$135,952

$135,952

$135,952

One-Time Expense

311.2 Replace 70 patrol vehicles in excess of 135,000 miles. (S:95 patrol vehicles)

State General Funds

$1,478,292

$1,478,292

$2,003,292

311.3 Provide one-time grant funding to offset telecommunications costs for sworn Troopers.

State General Funds

$790,000

$0

Changes in the Size of the Program

311.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to recognize agency funds

received from security details, escort services, donations and other miscellaneous revenue.

Donations

$3,115

Sales and Services Not Itemized

$90,913

TOTAL PUBLIC FUNDS

$94,028

311.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

fund SWAT equipment, the Chatham County K-9 Initiative, DUI Task Force, Trooper Representative for ALS and the

Governor's Task Force.

Asset Forfeiture CFDA99.OFA

$169,229

Edward Byrne Memorial State Law Enforcement Assistance

$559,164

CFDA16.580

Safety Incentives to Prevent Oper.of Vehicles by Intoxicated

$107,902

Persons CFDA20.605

State and Community Highway Safety CFDA20.600

$415,571

State Domestic Preparedness Equipment Support CFDA97.004

$5,567

TOTAL PUBLIC FUNDS

$1,257,433

Field Offices and Services

Appropriation (HB1026)

The purpose of the Criminal Interdiction Unit represents an active statewide commitment to reduce drug trafficking in the

State of Georgia by networking with other state, federal and local law enforcement agencies.

TOTAL STATE FUNDS

$61,700,439

$62,490,439

$62,225,439

State General Funds

$61,700,439

$62,490,439

$62,225,439

TOTAL FEDERAL FUNDS

$1,257,433

WEDNESDAY, FEBRUARY 15, 2006

757

Asset Forfeiture CFDA99.OFA

$169,229

Edward Byrne Memorial State Law Enforcement Assistance

$559,164

CFDA16.580

Safety Incentives to Prevent Oper.of Vehicles by Intoxicated

$107,902

Persons CFDA20.605

State and Community Highway Safety CFDA20.600

$415,571

State Domestic Preparedness Equipment Support CFDA97.004

$5,567

TOTAL AGENCY FUNDS

$94,028

Contributions, Donations, and Forfeitures

$3,115

Donations

$3,115

Sales and Services

$90,913

Sales and Services Not Itemized

$90,913

TOTAL PUBLIC FUNDS

$61,700,439

$62,490,439

$63,576,900

312. Motor Carrier Compliance

Appropriation (HB85)

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$6,329,515

$6,329,515

$6,329,515

State General Funds

$6,329,515

$6,329,515

$6,329,515

TOTAL FEDERAL FUNDS

$2,561,998

$2,561,998

$2,561,998

National Motor Carrier Safety Administration CFDA20.218

$2,561,998

$2,561,998

$2,561,998

TOTAL AGENCY FUNDS

$7,196,898

$7,196,898

$7,196,898

Sales and Services

$7,196,898

$7,196,898

$7,196,898

Permits

$7,196,898

$7,196,898

$7,196,898

TOTAL PUBLIC FUNDS

$16,088,411

$16,088,411

$16,088,411

Statewide Changes

312.1 WC, GTA, and GBA

State General Funds

$13,366

$13,366

$13,366

Changes in the Size of the Program

312.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal

incentive funds.

National Motor Carrier Safety Administration CFDA20.218

$321,676

758

JOURNAL OF THE SENATE

Motor Carrier Compliance

Appropriation (HB1026)

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$6,342,881

$6,342,881

$6,342,881

State General Funds

$6,342,881

$6,342,881

$6,342,881

TOTAL FEDERAL FUNDS

$2,561,998

$2,561,998

$2,883,674

National Motor Carrier Safety Administration CFDA20.218

$2,561,998

$2,561,998

$2,883,674

TOTAL AGENCY FUNDS

$7,196,898

$7,196,898

$7,196,898

Sales and Services

$7,196,898

$7,196,898

$7,196,898

Permits

$7,196,898

$7,196,898

$7,196,898

TOTAL PUBLIC FUNDS

$16,101,777

$16,101,777

$16,423,453

313. Specialized Collision Reconstruction Team

Appropriation (HB85)

The purpose is to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators

and properly document evidence in collisions to be used for successful court prosecution.

TOTAL STATE FUNDS

$2,150,997

$2,150,997

$2,150,997

State General Funds

$2,150,997

$2,150,997

$2,150,997

TOTAL PUBLIC FUNDS

$2,150,997

$2,150,997

$2,150,997

Statewide Changes

313.1 WC, GTA, and GBA

State General Funds

$5,338

$5,338

$5,338

Changes in the Size of the Program

313.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Asset Forfeiture CFDA99.OFA

$12,770

Specialized Collision Reconstruction Team

Appropriation (HB1026)

The purpose is to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators

and properly document evidence in collisions to be used for successful court prosecution.

TOTAL STATE FUNDS

$2,156,335

$2,156,335

$2,156,335

State General Funds

$2,156,335

$2,156,335

$2,156,335

TOTAL FEDERAL FUNDS

$12,770

Asset Forfeiture CFDA99.OFA

$12,770

WEDNESDAY, FEBRUARY 15, 2006

759

TOTAL PUBLIC FUNDS

$2,156,335

$2,156,335

$2,169,105

314. Troop J Specialty Units

Appropriation (HB85)

Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the

entire breath-alcohol program for the State of Georgia.

TOTAL STATE FUNDS

$2,204,535

$2,204,535

$2,204,535

State General Funds

$2,204,535

$2,204,535

$2,204,535

TOTAL PUBLIC FUNDS

$2,204,535

$2,204,535

$2,204,535

Statewide Changes

314.1 WC, GTA, and GBA

State General Funds

$5,128

$5,128

$5,128

Changes in the Size of the Program

314.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Asset Forfeiture CFDA99.OFA

$2,620

Troop J Specialty Units

Appropriation (HB1026)

Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the

entire breath-alcohol program for the State of Georgia.

TOTAL STATE FUNDS

$2,209,663

$2,209,663

$2,209,663

State General Funds

$2,209,663

$2,209,663

$2,209,663

TOTAL FEDERAL FUNDS

$2,620

Asset Forfeiture CFDA99.OFA

$2,620

TOTAL PUBLIC FUNDS

$2,209,663

$2,209,663

$2,212,283

315. Fire Academy, Georgia

Appropriation (HB85)

The purpose is to provide professional training for firefighters.

TOTAL STATE FUNDS

$993,773

$993,773

$993,773

State General Funds

$993,773

$993,773

$993,773

TOTAL AGENCY FUNDS

$152,680

$152,680

$152,680

Sales and Services

$152,680

$152,680

$152,680

Training Fees

$152,680

$152,680

$152,680

TOTAL PUBLIC FUNDS

$1,146,453

$1,146,453

$1,146,453

Statewide Changes

760

JOURNAL OF THE SENATE

315.1 WC, GTA, and GBA

State General Funds

$1,036

$1,036

$1,036

One-Time Expense

315.2 Increase funds to upgrade burners, igniters, and control panels in the 8 regional burn buildings.

State General Funds

$75,000

$75,000

$75,000

Changes in the Size of the Program

315.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for training.

Assistance to Firefighters Grant CFDA97.044

$14,075

Cooperative Forestry Assistance CFDA10.664

$21,220

State Fire Training Systems Grants CFDA97.043

$84,600

TOTAL PUBLIC FUNDS

$119,895

Fire Academy, Georgia

Appropriation (HB1026)

The purpose is to provide professional training for firefighters.

TOTAL STATE FUNDS

$1,069,809

$1,069,809

$1,069,809

State General Funds

$1,069,809

$1,069,809

$1,069,809

TOTAL FEDERAL FUNDS

$119,895

Assistance to Firefighters Grant CFDA97.044

$14,075

Cooperative Forestry Assistance CFDA10.664

$21,220

State Fire Training Systems Grants CFDA97.043

$84,600

TOTAL AGENCY FUNDS

$152,680

$152,680

$152,680

Sales and Services

$152,680

$152,680

$152,680

Training Fees

$152,680

$152,680

$152,680

TOTAL PUBLIC FUNDS

$1,222,489

$1,222,489

$1,342,384

316. Firefighter Standards and Training Council, Georgia

Appropriation (HB85)

The purpose is to provide minimum certification standards for all firefighters and public safety professionals.

TOTAL STATE FUNDS

$551,565

$551,565

$551,565

State General Funds

$551,565

$551,565

$551,565

TOTAL PUBLIC FUNDS

$551,565

$551,565

$551,565

Statewide Changes

316.1 WC, GTA, and GBA

WEDNESDAY, FEBRUARY 15, 2006

761

State General Funds

$345

$345

$345

One-Time Expense

316.2 Fund the conversion of the written firefighters certification test to a web-based system.

State General Funds

$15,490

$15,490

$15,490

Changes in the Size of the Program

316.3 Fund the use of state certified firefighters to evaluate firefighters certification tests.

State General Funds

$50,000

$50,000

$50,000

Firefighter Standards and Training Council, Georgia

Appropriation (HB1026)

The purpose is to provide minimum certification standards for all firefighters and public safety professionals.

TOTAL STATE FUNDS

$617,400

$617,400

$617,400

State General Funds

$617,400

$617,400

$617,400

TOTAL PUBLIC FUNDS

$617,400

$617,400

$617,400

317. Highway Safety, Office of

Appropriation (HB85)

The purpose is to educate the public on highway safety issues and facilitate the implementation of programs to reduce

crashes, injuries and fatalities on Georgia roadways.

TOTAL STATE FUNDS

$485,876

$485,876

$485,876

State General Funds

$485,876

$485,876

$485,876

TOTAL FEDERAL FUNDS

$3,166,937

$3,166,937

$3,166,937

State and Community Highway Safety CFDA20.600

$3,166,937

$3,166,937

$3,166,937

TOTAL PUBLIC FUNDS

$3,652,813

$3,652,813

$3,652,813

Statewide Changes

317.1 WC, GTA, and GBA

State General Funds

$1,509

$1,509

$1,509

Changes in the Size of the Program

317.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

fund various programs.

Highway Safety Data Improvements Incentive Grants CFDA20.603

$11,800

Safety Incentives to Prevent Oper.of Vehicles by Intoxicated

$1,395,700

Persons CFDA20.605

State and Community Highway Safety CFDA20.600

$4,146,088

TOTAL PUBLIC FUNDS

$5,553,588

762

JOURNAL OF THE SENATE

Highway Safety, Office of

Appropriation (HB1026)

The purpose is to educate the public on highway safety issues and facilitate the implementation of programs to reduce

crashes, injuries and fatalities on Georgia roadways.

TOTAL STATE FUNDS

$487,385

$487,385

$487,385

State General Funds

$487,385

$487,385

$487,385

TOTAL FEDERAL FUNDS

$3,166,937

$3,166,937

$8,720,525

Highway Safety Data Improvements Incentive Grants CFDA20.603

$11,800

Safety Incentives to Prevent Oper.of Vehicles by Intoxicated

$1,395,700

Persons CFDA20.605

State and Community Highway Safety CFDA20.600

$3,166,937

$3,166,937

$7,313,025

TOTAL PUBLIC FUNDS

$3,654,322

$3,654,322

$9,207,910

318. Peace Officer Standards and Training Council, Georgia

Appropriation (HB85)

The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers

and criminal justice professionals.

TOTAL STATE FUNDS

$1,905,971

$1,905,971

$1,905,971

State General Funds

$1,905,971

$1,905,971

$1,905,971

TOTAL PUBLIC FUNDS

$1,905,971

$1,905,971

$1,905,971

Statewide Changes

318.1 WC, GTA, and GBA

State General Funds

$1,266

$1,266

$1,266

One-Time Expense

318.4 Provide funds for personal services to pay accrued leave for two retiring employees.

State General Funds

$40,000

$40,000

Changes in the Size of the Program

318.2 Transfer an investigator position from the Department of Corrections.

State General Funds

$10,767

$10,767

$10,767

318.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

collected for fees for certification of a peace officer.

Training Fees

$24,795

Peace Officer Standards and Training Council, Georgia

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

763

The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers

and criminal justice professionals.

TOTAL STATE FUNDS

$1,918,004

$1,958,004

$1,958,004

State General Funds

$1,918,004

$1,958,004

$1,958,004

TOTAL AGENCY FUNDS

$24,795

Sales and Services

$24,795

Training Fees

$24,795

TOTAL PUBLIC FUNDS

$1,918,004

$1,958,004

$1,982,799

319. Police Academy, Georgia

Appropriation (HB85)

The purpose is to research, develop, and deliver the mandated 40 hour basic coroner training and the 24 hour annual in-

service training for all coroners and deputy coroners.

TOTAL STATE FUNDS

$1,120,740

$1,120,740

$1,120,740

State General Funds

$1,120,740

$1,120,740

$1,120,740

TOTAL AGENCY FUNDS

$121,094

$121,094

$121,094

Sales and Services

$121,094

$121,094

$121,094

Training Fees

$121,094

$121,094

$121,094

TOTAL PUBLIC FUNDS

$1,241,834

$1,241,834

$1,241,834

Statewide Changes

319.1 WC, GTA, and GBA

State General Funds

$1,554

$1,554

$1,554

Changes in the Size of the Program

319.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to

provide statewide terrorism training and training for the Drug Recognition Program.

Byrne Formula Grant Program CFDA16.579

$445,842

State and Community Highway Safety CFDA20.600

$401,959

State and Local Homeland Security Training Program CFDA97.005

$379,429

TOTAL PUBLIC FUNDS

$1,227,230

Police Academy, Georgia

Appropriation (HB1026)

The purpose is to research, develop, and deliver the mandated 40 hour basic coroner training and the 24 hour annual in-

service training for all coroners and deputy coroners.

TOTAL STATE FUNDS

$1,122,294

$1,122,294

$1,122,294

764

JOURNAL OF THE SENATE

State General Funds

$1,122,294

$1,122,294

$1,122,294

TOTAL FEDERAL FUNDS

$1,227,230

Byrne Formula Grant Program CFDA16.579

$445,842

State and Community Highway Safety CFDA20.600

$401,959

State and Local Homeland Security Training Program CFDA97.005

$379,429

TOTAL AGENCY FUNDS

$121,094

$121,094

$121,094

Sales and Services

$121,094

$121,094

$121,094

Training Fees

$121,094

$121,094

$121,094

TOTAL PUBLIC FUNDS

$1,243,388

$1,243,388

$2,470,618

320. Public Safety Training Center, Georgia

Appropriation (HB85)

The department is charged with the development, delivery and facilitation of training that results in professional and

competent public safety services for the people of Georgia.

TOTAL STATE FUNDS

$8,873,545

$8,873,545

$8,873,545

State General Funds

$8,873,545

$8,873,545

$8,873,545

TOTAL AGENCY FUNDS

$483,139

$483,139

$483,139

Sales and Services

$483,139

$483,139

$483,139

Training Fees

$483,139

$483,139

$483,139

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$877,160

$877,160

$877,160

Agency to Agency Contracts

$877,160

$877,160

$877,160

TOTAL PUBLIC FUNDS

$10,233,844

$10,233,844

$10,233,844

Statewide Changes

320.1 WC, GTA, and GBA

State General Funds

$6,486

$6,486

$6,486

Changes in the Size of the Program

320.2 Transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center.

State General Funds

$300,000

$0

320.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds received from meals, rental, tuitions, and training fees.

CDC-Investigations & Technical Assistance CFDA93.283

$37,939

Police Corps CFDA16.712

$97,575

Sales and Services Not Itemized

$173,928

WEDNESDAY, FEBRUARY 15, 2006

765

TOTAL PUBLIC FUNDS

$309,442

Public Safety Training Center, Georgia

Appropriation (HB1026)

The department is charged with the development, delivery and facilitation of training that results in professional and

competent public safety services for the people of Georgia.

TOTAL STATE FUNDS

$8,880,031

$9,180,031

$8,880,031

State General Funds

$8,880,031

$9,180,031

$8,880,031

TOTAL FEDERAL FUNDS

$135,514

CDC-Investigations & Technical Assistance CFDA93.283

$37,939

Police Corps CFDA16.712

$97,575

TOTAL AGENCY FUNDS

$483,139

$483,139

$657,067

Sales and Services

$483,139

$483,139

$657,067

Sales and Services Not Itemized

$173,928

Training Fees

$483,139

$483,139

$483,139

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$877,160

$877,160

$877,160

Agency to Agency Contracts

$877,160

$877,160

$877,160

TOTAL PUBLIC FUNDS

$10,240,330

$10,540,330

$10,549,772

Section 38: Public Service Commission

Section Total (HB85)

TOTAL STATE FUNDS

$8,405,867

$8,405,867

$8,405,867

State General Funds

$8,405,867

$8,405,867

$8,405,867

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

Pipeline Safety CFDA 20.700

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$8,679,178

$8,679,178

$8,679,178

Final Section Totals

TOTAL STATE FUNDS

$8,412,390

$8,462,390

$8,462,390

State General Funds

$8,412,390

$8,462,390

$8,462,390

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

Pipeline Safety CFDA 20.700

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$8,685,701

$8,735,701

$8,735,701

321. Commission Administration

Appropriation (HB85)

The purpose is to assist the Commissioners and staff in achieving the agency's goals.

766

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$1,401,396

$1,401,396

$1,401,396

State General Funds

$1,401,396

$1,401,396

$1,401,396

TOTAL PUBLIC FUNDS

$1,401,396

$1,401,396

$1,401,396

Statewide Changes

321.1 WC, GTA, and GBA

State General Funds

$1,024

$1,024

$1,024

Changes in the Size of the Program

321.2 Transfer funds to the Utilities Regulation program to properly align expenditures among programs.

State General Funds

($87,986)

($87,986)

($87,986)

Commission Administration

Appropriation (HB1026)

The purpose is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS

$1,314,434

$1,314,434

$1,314,434

State General Funds

$1,314,434

$1,314,434

$1,314,434

TOTAL PUBLIC FUNDS

$1,314,434

$1,314,434

$1,314,434

322. Facility Protection

Appropriation (HB85)

The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

TOTAL STATE FUNDS

$665,164

$665,164

$665,164

State General Funds

$665,164

$665,164

$665,164

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

Pipeline Safety CFDA 20.700

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$938,475

$938,475

$938,475

Statewide Changes

322.1 WC, GTA, and GBA

State General Funds

$579

$579

$579

Changes in the Size of the Program

322.2 Transfer funds to the Utilities Regulation program to properly align expenditures among programs.

State General Funds

($60,519)

($60,519)

($60,519)

Facility Protection

Appropriation (HB1026)

The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

TOTAL STATE FUNDS

$605,224

$605,224

$605,224

State General Funds

$605,224

$605,224

$605,224

WEDNESDAY, FEBRUARY 15, 2006

767

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

Pipeline Safety CFDA 20.700

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$878,535

$878,535

$878,535

323. Utilities Regulation

Appropriation (HB85)

The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS

$6,339,307

$6,339,307

$6,339,307

State General Funds

$6,339,307

$6,339,307

$6,339,307

TOTAL PUBLIC FUNDS

$6,339,307

$6,339,307

$6,339,307

Statewide Changes

323.1 WC, GTA, and GBA

State General Funds

$4,920

$4,920

$4,920

One-Time Expense

323.5 Provide funding for the Georgia Power Fuel Cost Recovery case

State General Funds

$50,000

$50,000

Changes in the Size of the Program

323.2 Transfer funds from the Administration program to properly align expenditures among programs.

State General Funds

$87,986

$87,986

$87,986

323.3 Transfer funds from the Facilities Protection program to properly align expenditures among programs.

State General Funds

$60,519

$60,519

$60,519

Utilities Regulation

Appropriation (HB1026)

The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS

$6,492,732

$6,542,732

$6,542,732

State General Funds

$6,492,732

$6,542,732

$6,542,732

TOTAL PUBLIC FUNDS

$6,492,732

$6,542,732

$6,542,732

Section 39: Regents, University System of Georgia

Section Total (HB85)

TOTAL STATE FUNDS

$1,812,797,698 $1,812,797,698 $1,812,797,698

State General Funds

$1,796,565,144 $1,796,565,144 $1,796,565,144

Tobacco Settlement Funds

$16,232,554

$16,232,554

$16,232,554

TOTAL FEDERAL FUNDS

$12,200,352

$12,200,352

$12,200,352

768

JOURNAL OF THE SENATE

Payments to Ag Experiment Stations Under the Hatch Act

$9,691,144

$9,691,144

$9,691,144

CFDA10.203

State Library Program CFDA 45.310

$2,509,208

$2,509,208

$2,509,208

TOTAL AGENCY FUNDS

$2,672,930,319 $2,672,930,319 $2,672,930,319

Contributions, Donations, and Forfeitures

$41,990,014

$41,990,014

$41,990,014

Intergovernmental Transfers

$1,512,397,225 $1,512,397,225 $1,512,397,225

Rebates, Refunds, and Reimbursements

$40,830,855

$40,830,855

$40,830,855

Sales and Services

$1,077,712,225 $1,077,712,225 $1,077,712,225

TOTAL PUBLIC FUNDS

$4,497,928,369 $4,497,928,369 $4,497,928,369

Final Section Totals

TOTAL STATE FUNDS

$1,817,710,890 $1,818,503,890 $1,821,003,890

State General Funds

$1,801,478,336 $1,802,271,336 $1,804,771,336

Tobacco Settlement Funds

$16,232,554

$16,232,554

$16,232,554

TOTAL FEDERAL FUNDS

$12,200,352

$12,200,352

$12,200,352

Payments to Ag Experiment Stations Under the Hatch Act

$9,691,144

$9,691,144

$9,691,144

CFDA10.203

State Library Program CFDA 45.310

$2,509,208

$2,509,208

$2,509,208

TOTAL AGENCY FUNDS

$2,672,930,319 $2,672,930,319 $2,702,794,070

Contributions, Donations, and Forfeitures

$41,990,014

$41,990,014

$41,990,014

Intergovernmental Transfers

$1,512,397,225 $1,512,397,225 $1,519,827,644

Rebates, Refunds, and Reimbursements

$40,830,855

$40,830,855

$52,980,546

Royalties and Rents

$5,000

Sales and Services

$1,077,712,225 $1,077,712,225 $1,087,990,866

TOTAL PUBLIC FUNDS

$4,502,841,561 $4,503,634,561 $4,535,998,312

324. Advanced Technology Development Center/Economic

Appropriation (HB85)

Development Institute

The purpose of this is to provide strategic business advice and connect its member companies to the people and resources

they need to succeed.

TOTAL STATE FUNDS

$8,852,624

$8,852,624

$8,852,624

State General Funds

$8,852,624

$8,852,624

$8,852,624

TOTAL AGENCY FUNDS

$12,875,000

$12,875,000

$12,875,000

WEDNESDAY, FEBRUARY 15, 2006

769

Intergovernmental Transfers

$7,875,000

$7,875,000

$7,875,000

University System of Georgia Research Funds

$7,875,000

$7,875,000

$7,875,000

Sales and Services

$5,000,000

$5,000,000

$5,000,000

Advanced Technology Development Center Income

$4,175,000

$4,175,000

$4,175,000

Auxiliary Services

$825,000

$825,000

$825,000

TOTAL PUBLIC FUNDS

$21,727,624

$21,727,624

$21,727,624

Changes in How the Program is Funded

324.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in departmental

funds.

Advanced Technology Development Center Income

$160,461

Advanced Technology Development Center/Economic

Appropriation (HB1026)

Development Institute

The purpose of this is to provide strategic business advice and connect its member companies to the people and resources

they need to succeed.

TOTAL STATE FUNDS

$8,852,624

$8,852,624

$8,852,624

State General Funds

$8,852,624

$8,852,624

$8,852,624

TOTAL AGENCY FUNDS

$12,875,000

$12,875,000

$13,035,461

Intergovernmental Transfers

$7,875,000

$7,875,000

$7,875,000

University System of Georgia Research Funds

$7,875,000

$7,875,000

$7,875,000

Sales and Services

$5,000,000

$5,000,000

$5,160,461

Advanced Technology Development Center Income

$4,175,000

$4,175,000

$4,335,461

Auxiliary Services

$825,000

$825,000

$825,000

TOTAL PUBLIC FUNDS

$21,727,624

$21,727,624

$21,888,085

325. Agricultural Experiment Station

Appropriation (HB85)

The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase

profitability and global competitiveness.

TOTAL STATE FUNDS

$38,481,866

$38,481,866

$38,481,866

State General Funds

$38,481,866

$38,481,866

$38,481,866

TOTAL FEDERAL FUNDS

$4,604,976

$4,604,976

$4,604,976

Payments to Ag Experiment Stations Under the Hatch Act

$4,604,976

$4,604,976

$4,604,976

CFDA10.203

770

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$27,836,286

$27,836,286

$27,836,286

Intergovernmental Transfers

$22,000,000

$22,000,000

$22,000,000

University System of Georgia Research Funds

$22,000,000

$22,000,000

$22,000,000

Rebates, Refunds, and Reimbursements

$1,800,000

$1,800,000

$1,800,000

Rebates, Refunds, and Reimbursements Not Itemized

$1,800,000

$1,800,000

$1,800,000

Sales and Services

$4,036,286

$4,036,286

$4,036,286

Agricultural Experiment Station Income

$4,036,286

$4,036,286

$4,036,286

TOTAL PUBLIC FUNDS

$70,923,128

$70,923,128

$70,923,128

Changes in the Size of the Program

325.1 Provide funding to minimize transfers from service level activities to cover ongoing maintenance and operations.

State General Funds

$300,000

$300,000

$300,000

Agricultural Experiment Station

Appropriation (HB1026)

The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase

profitability and global competitiveness.

TOTAL STATE FUNDS

$38,781,866

$38,781,866

$38,781,866

State General Funds

$38,781,866

$38,781,866

$38,781,866

TOTAL FEDERAL FUNDS

$4,604,976

$4,604,976

$4,604,976

Payments to Ag Experiment Stations Under the Hatch Act

$4,604,976

$4,604,976

$4,604,976

CFDA10.203

TOTAL AGENCY FUNDS

$27,836,286

$27,836,286

$27,836,286

Intergovernmental Transfers

$22,000,000

$22,000,000

$22,000,000

University System of Georgia Research Funds

$22,000,000

$22,000,000

$22,000,000

Rebates, Refunds, and Reimbursements

$1,800,000

$1,800,000

$1,800,000

Rebates, Refunds, and Reimbursements Not Itemized

$1,800,000

$1,800,000

$1,800,000

Sales and Services

$4,036,286

$4,036,286

$4,036,286

Agricultural Experiment Station Income

$4,036,286

$4,036,286

$4,036,286

TOTAL PUBLIC FUNDS

$71,223,128

$71,223,128

$71,223,128

326. Athens and Tifton Veterinary Laboratories

Appropriation (HB85)

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$41,542

$41,542

$41,542

WEDNESDAY, FEBRUARY 15, 2006

771

State General Funds

$41,542

$41,542

$41,542

TOTAL AGENCY FUNDS

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers

$4,653,970

$4,653,970

$4,653,970

University System of Georgia Research Funds

$4,653,970

$4,653,970

$4,653,970

TOTAL PUBLIC FUNDS

$4,695,512

$4,695,512

$4,695,512

Athens and Tifton Veterinary Laboratories

Appropriation (HB1026)

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$41,542

$41,542

$41,542

State General Funds

$41,542

$41,542

$41,542

TOTAL AGENCY FUNDS

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers

$4,653,970

$4,653,970

$4,653,970

University System of Georgia Research Funds

$4,653,970

$4,653,970

$4,653,970

TOTAL PUBLIC FUNDS

$4,695,512

$4,695,512

$4,695,512

327. Center for Assistive Technology and Environmental

Appropriation (HB85)

The purpose is to provide research and development activities to target the increase function and independence of persons

with disabilities.

TOTAL STATE FUNDS

$326,080

$326,080

$326,080

State General Funds

$326,080

$326,080

$326,080

TOTAL PUBLIC FUNDS

$326,080

$326,080

$326,080

Changes in How the Program is Funded

327.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect the annual operating

budget for Disability Related Services.

University System of Georgia Research Funds

$1,590,309

Rebates, Refunds, and Reimbursements Not Itemized

$468,670

TOTAL PUBLIC FUNDS

$2,058,979

Center for Assistive Technology and Environmental Access

Appropriation (HB1026)

The purpose is to provide research and development activities to target the increase function and independence of persons

with disabilities.

TOTAL STATE FUNDS

$326,080

$326,080

$326,080

State General Funds

$326,080

$326,080

$326,080

772

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$2,058,979

Intergovernmental Transfers

$1,590,309

University System of Georgia Research Funds

$1,590,309

Rebates, Refunds, and Reimbursements

$468,670

Rebates, Refunds, and Reimbursements Not Itemized

$468,670

TOTAL PUBLIC FUNDS

$326,080

$326,080

$2,385,059

328. Cooperative Extension Service

Appropriation (HB85)

The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research

based information.

TOTAL STATE FUNDS

$31,779,748

$31,779,748

$31,779,748

State General Funds

$31,779,748

$31,779,748

$31,779,748

TOTAL FEDERAL FUNDS

$5,086,168

$5,086,168

$5,086,168

Payments to Ag Experiment Stations Under the Hatch Act

$5,086,168

$5,086,168

$5,086,168

CFDA10.203

TOTAL AGENCY FUNDS

$18,007,969

$18,007,969

$18,007,969

Intergovernmental Transfers

$15,460,075

$15,460,075

$15,460,075

University System of Georgia Research Funds

$15,460,075

$15,460,075

$15,460,075

Rebates, Refunds, and Reimbursements

$125,000

$125,000

$125,000

Rebates, Refunds, and Reimbursements Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$2,422,894

$2,422,894

$2,422,894

Cooperative Extension Service Income

$2,422,894

$2,422,894

$2,422,894

TOTAL PUBLIC FUNDS

$54,873,885

$54,873,885

$54,873,885

Changes in How the Program is Funded

328.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in conference

revenues.

Cooperative Extension Service Income

$450,000

Cooperative Extension Service

Appropriation (HB1026)

The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research

based information.

TOTAL STATE FUNDS

$31,779,748

$31,779,748

$31,779,748

State General Funds

$31,779,748

$31,779,748

$31,779,748

WEDNESDAY, FEBRUARY 15, 2006

773

TOTAL FEDERAL FUNDS

$5,086,168

$5,086,168

$5,086,168

Payments to Ag Experiment Stations Under the Hatch Act

$5,086,168

$5,086,168

$5,086,168

CFDA10.203

TOTAL AGENCY FUNDS

$18,007,969

$18,007,969

$18,457,969

Intergovernmental Transfers

$15,460,075

$15,460,075

$15,460,075

University System of Georgia Research Funds

$15,460,075

$15,460,075

$15,460,075

Rebates, Refunds, and Reimbursements

$125,000

$125,000

$125,000

Rebates, Refunds, and Reimbursements Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$2,422,894

$2,422,894

$2,872,894

Cooperative Extension Service Income

$2,422,894

$2,422,894

$2,872,894

TOTAL PUBLIC FUNDS

$54,873,885

$54,873,885

$55,323,885

329. Forestry Cooperative Extension

Appropriation (HB85)

The purpose of this program is to provide conservation and sustainable management of forests and other natural resources

and to put into practice forestry and natural resources knowledge.

TOTAL STATE FUNDS

$632,486

$632,486

$632,486

State General Funds

$632,486

$632,486

$632,486

TOTAL PUBLIC FUNDS

$632,486

$632,486

$632,486

Changes in How the Program is Funded

329.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in conference

revenues.

Forestry Cooperative Extension Income

$4,000

Forestry Cooperative Extension

Appropriation (HB1026)

The purpose of this program is to provide conservation and sustainable management of forests and other natural resources

and to put into practice forestry and natural resources knowledge.

TOTAL STATE FUNDS

$632,486

$632,486

$632,486

State General Funds

$632,486

$632,486

$632,486

TOTAL AGENCY FUNDS

$4,000

Sales and Services

$4,000

Forestry Cooperative Extension Income

$4,000

TOTAL PUBLIC FUNDS

$632,486

$632,486

$636,486

330. Forestry Research

Appropriation (HB85)

774

JOURNAL OF THE SENATE

The purpose of this program is to provide to sustain competitiveness of Georgia's forest products industry and private land

owners through research and meet environmental goals of sustainable forestry initiative.

TOTAL STATE FUNDS

$3,011,535

$3,011,535

$3,011,535

State General Funds

$3,011,535

$3,011,535

$3,011,535

TOTAL PUBLIC FUNDS

$3,011,535

$3,011,535

$3,011,535

Changes in How the Program is Funded

330.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in departmental

funds.

Royalties and Rents Not Itemized

$5,000

Forestry Research Income

$130,000

Timber Sales

$400,000

TOTAL PUBLIC FUNDS

$535,000

Forestry Research

Appropriation (HB1026)

The purpose of this program is to provide to sustain competitiveness of Georgia's forest products industry and private land

owners through research and meet environmental goals of sustainable forestry initiative.

TOTAL STATE FUNDS

$3,011,535

$3,011,535

$3,011,535

State General Funds

$3,011,535

$3,011,535

$3,011,535

TOTAL AGENCY FUNDS

$535,000

Royalties and Rents

$5,000

Royalties and Rents Not Itemized

$5,000

Sales and Services

$530,000

Forestry Research Income

$130,000

Timber Sales

$400,000

TOTAL PUBLIC FUNDS

$3,011,535

$3,011,535

$3,546,535

331. Georgia Radiation Therapy Center

Appropriation (HB85)

The purpose is to provide patient care and education.

TOTAL AGENCY FUNDS

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures

$3,625,810

$3,625,810

$3,625,810

Donations

$3,625,810

$3,625,810

$3,625,810

TOTAL PUBLIC FUNDS

$3,625,810

$3,625,810

$3,625,810

Georgia Radiation Therapy Center

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

775

The purpose is to provide patient care and education.

TOTAL AGENCY FUNDS

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures

$3,625,810

$3,625,810

$3,625,810

Donations

$3,625,810

$3,625,810

$3,625,810

TOTAL PUBLIC FUNDS

$3,625,810

$3,625,810

$3,625,810

332. Georgia Tech Research Institute

Appropriation (HB85)

The purpose is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science,

technology and education in Georgia.

TOTAL STATE FUNDS

$6,842,095

$6,842,095

$6,842,095

State General Funds

$6,842,095

$6,842,095

$6,842,095

TOTAL AGENCY FUNDS

$122,917,958 $122,917,958 $122,917,958

Intergovernmental Transfers

$76,469,736

$76,469,736

$76,469,736

University System of Georgia Research Funds

$76,469,736

$76,469,736

$76,469,736

Rebates, Refunds, and Reimbursements

$38,748,222

$38,748,222

$38,748,222

Rebates, Refunds, and Reimbursements Not Itemized

$38,748,222

$38,748,222

$38,748,222

Sales and Services

$7,700,000

$7,700,000

$7,700,000

Georgia Tech Research Institute Income

$7,700,000

$7,700,000

$7,700,000

TOTAL PUBLIC FUNDS

$129,760,053 $129,760,053 $129,760,053

Changes in Operations / Administration

332.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$552,811

$552,811

$552,811

Georgia Tech Research Institute

Appropriation (HB1026)

The purpose is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science,

technology and education in Georgia.

TOTAL STATE FUNDS

$7,394,906

$7,394,906

$7,394,906

State General Funds

$7,394,906

$7,394,906

$7,394,906

TOTAL AGENCY FUNDS

$122,917,958 $122,917,958 $122,917,958

Intergovernmental Transfers

$76,469,736

$76,469,736

$76,469,736

University System of Georgia Research Funds

$76,469,736

$76,469,736

$76,469,736

Rebates, Refunds, and Reimbursements

$38,748,222

$38,748,222

$38,748,222

Rebates, Refunds, and Reimbursements Not Itemized

$38,748,222

$38,748,222

$38,748,222

776

JOURNAL OF THE SENATE

Sales and Services

$7,700,000

$7,700,000

$7,700,000

Georgia Tech Research Institute Income

$7,700,000

$7,700,000

$7,700,000

TOTAL PUBLIC FUNDS

$130,312,864 $130,312,864 $130,312,864

333. Marine Institute

Appropriation (HB85)

The purpose is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS

$923,165

$923,165

$923,165

State General Funds

$923,165

$923,165

$923,165

TOTAL AGENCY FUNDS

$767,633

$767,633

$767,633

Intergovernmental Transfers

$700,000

$700,000

$700,000

University System of Georgia Research Funds

$700,000

$700,000

$700,000

Rebates, Refunds, and Reimbursements

$67,633

$67,633

$67,633

Rebates, Refunds, and Reimbursements Not Itemized

$67,633

$67,633

$67,633

TOTAL PUBLIC FUNDS

$1,690,798

$1,690,798

$1,690,798

Marine Institute

Appropriation (HB1026)

The purpose is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS

$923,165

$923,165

$923,165

State General Funds

$923,165

$923,165

$923,165

TOTAL AGENCY FUNDS

$767,633

$767,633

$767,633

Intergovernmental Transfers

$700,000

$700,000

$700,000

University System of Georgia Research Funds

$700,000

$700,000

$700,000

Rebates, Refunds, and Reimbursements

$67,633

$67,633

$67,633

Rebates, Refunds, and Reimbursements Not Itemized

$67,633

$67,633

$67,633

TOTAL PUBLIC FUNDS

$1,690,798

$1,690,798

$1,690,798

334. Marine Resources Extension Center

Appropriation (HB85)

The purpose is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS

$1,426,750

$1,426,750

$1,426,750

State General Funds

$1,426,750

$1,426,750

$1,426,750

TOTAL AGENCY FUNDS

$1,184,800

$1,184,800

$1,184,800

Intergovernmental Transfers

$600,000

$600,000

$600,000

University System of Georgia Research Funds

$600,000

$600,000

$600,000

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

WEDNESDAY, FEBRUARY 15, 2006

777

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

Sales and Services

$494,800

$494,800

$494,800

Sales and Services Not Itemized

$494,800

$494,800

$494,800

TOTAL PUBLIC FUNDS

$2,611,550

$2,611,550

$2,611,550

Marine Resources Extension Center

Appropriation (HB1026)

The purpose is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS

$1,426,750

$1,426,750

$1,426,750

State General Funds

$1,426,750

$1,426,750

$1,426,750

TOTAL AGENCY FUNDS

$1,184,800

$1,184,800

$1,184,800

Intergovernmental Transfers

$600,000

$600,000

$600,000

University System of Georgia Research Funds

$600,000

$600,000

$600,000

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

Sales and Services

$494,800

$494,800

$494,800

Sales and Services Not Itemized

$494,800

$494,800

$494,800

TOTAL PUBLIC FUNDS

$2,611,550

$2,611,550

$2,611,550

335. Medical College of Georgia Hospital and Clinics

Appropriation (HB85)

The purpose is to care, teach, and refer clients.

TOTAL STATE FUNDS

$31,510,080

$31,510,080

$31,510,080

State General Funds

$31,510,080

$31,510,080

$31,510,080

TOTAL PUBLIC FUNDS

$31,510,080

$31,510,080

$31,510,080

Medical College of Georgia Hospital and Clinics

Appropriation (HB1026)

The purpose is to care, teach, and refer clients.

TOTAL STATE FUNDS

$31,510,080

$31,510,080

$31,510,080

State General Funds

$31,510,080

$31,510,080

$31,510,080

TOTAL PUBLIC FUNDS

$31,510,080

$31,510,080

$31,510,080

336. Office of Minority Business Enterprise

Appropriation (HB85)

The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a

disadvantaged position.

TOTAL STATE FUNDS

$860,499

$860,499

$860,499

State General Funds

$860,499

$860,499

$860,499

778

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$860,499

$860,499

$860,499

Office of Minority Business Enterprise

Appropriation (HB1026)

The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a

disadvantaged position.

TOTAL STATE FUNDS

$860,499

$860,499

$860,499

State General Funds

$860,499

$860,499

$860,499

TOTAL PUBLIC FUNDS

$860,499

$860,499

$860,499

337. Public Service / Special Funding Initiatives

Appropriation (HB85)

The purpose is to provide leadership, service, and education.

TOTAL STATE FUNDS

$29,821,275

$29,821,275

$29,821,275

State General Funds

$24,821,275

$24,821,275

$24,821,275

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$29,821,275

$29,821,275

$29,821,275

One-Time Expense

337.1 Provide funds to North Georgia College and State University for loss of revenues due to cadet deployment.

State General Funds

$0

$410,000

$410,000

Public Service / Special Funding Initiatives

Appropriation (HB1026)

The purpose is to provide leadership, service, and education.

TOTAL STATE FUNDS

$29,821,275

$30,231,275

$30,231,275

State General Funds

$24,821,275

$25,231,275

$25,231,275

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$29,821,275

$30,231,275

$30,231,275

338. Regents Central Office

Appropriation (HB85)

The purpose is to provide administrative support to all colleges and universities in the university system.

TOTAL STATE FUNDS

$7,264,505

$7,264,505

$7,264,505

State General Funds

$7,264,505

$7,264,505

$7,264,505

TOTAL PUBLIC FUNDS

$7,264,505

$7,264,505

$7,264,505

Statewide Changes

338.1 WC, GTA, and GBA

State General Funds

$14,976

$14,976

$14,976

Changes in Operations / Administration

WEDNESDAY, FEBRUARY 15, 2006

779

338.2 Transfer from Public Libraries to correct an error in the GBA real estate rental rate.

State General Funds

$69,356

$69,356

$69,356

Regents Central Office

Appropriation (HB1026)

The purpose is to provide administrative support to all colleges and universities in the university system.

TOTAL STATE FUNDS

$7,348,837

$7,348,837

$7,348,837

State General Funds

$7,348,837

$7,348,837

$7,348,837

TOTAL PUBLIC FUNDS

$7,348,837

$7,348,837

$7,348,837

339. Research Consortium

Appropriation (HB85)

The purpose is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS

$21,287,489

$21,287,489

$21,287,489

State General Funds

$20,537,489

$20,537,489

$20,537,489

Tobacco Settlement Funds

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$21,287,489

$21,287,489

$21,287,489

One-Time Expense

339.1 Provide funds for research equipment in the Traditional Industries Program to replace the bond originally

appropriated in FY 2006.

State General Funds

$900,000

$900,000

$900,000

339.2 Provide funds for the Bio-Refinery for equipment.

State General Funds

$525,000

$525,000

$525,000

339.3 Provide funds for a Coverdell Eminent Scholar at Georgia College and State University.

State General Funds

$500,000

Research Consortium

Appropriation (HB1026)

The purpose is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS

$22,712,489

$22,712,489

$23,212,489

State General Funds

$21,962,489

$21,962,489

$22,462,489

Tobacco Settlement Funds

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$22,712,489

$22,712,489

$23,212,489

340. Skidaway Institute of Oceanography

Appropriation (HB85)

The purpose is to provide a center of excellence in marine and ocean science research, which expands the body of

knowledge on marine environments.

TOTAL STATE FUNDS

$1,557,477

$1,557,477

$1,557,477

780

JOURNAL OF THE SENATE

State General Funds

$1,557,477

$1,557,477

$1,557,477

TOTAL AGENCY FUNDS

$5,658,000

$5,658,000

$5,658,000

Intergovernmental Transfers

$4,113,000

$4,113,000

$4,113,000

University System of Georgia Research Funds

$4,113,000

$4,113,000

$4,113,000

Sales and Services

$1,545,000

$1,545,000

$1,545,000

Sales and Services Not Itemized

$1,545,000

$1,545,000

$1,545,000

TOTAL PUBLIC FUNDS

$7,215,477

$7,215,477

$7,215,477

Statewide Changes

340.1 WC, GTA, and GBA

State General Funds

$3,404

$3,404

$3,404

Skidaway Institute of Oceanography

Appropriation (HB1026)

The purpose is to provide a center of excellence in marine and ocean science research, which expands the body of

knowledge on marine environments.

TOTAL STATE FUNDS

$1,560,881

$1,560,881

$1,560,881

State General Funds

$1,560,881

$1,560,881

$1,560,881

TOTAL AGENCY FUNDS

$5,658,000

$5,658,000

$5,658,000

Intergovernmental Transfers

$4,113,000

$4,113,000

$4,113,000

University System of Georgia Research Funds

$4,113,000

$4,113,000

$4,113,000

Sales and Services

$1,545,000

$1,545,000

$1,545,000

Sales and Services Not Itemized

$1,545,000

$1,545,000

$1,545,000

TOTAL PUBLIC FUNDS

$7,218,881

$7,218,881

$7,218,881

341. Student Education Enrichment Program

Appropriation (HB85)

The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational

experiences.

TOTAL STATE FUNDS

$304,035

$304,035

$304,035

State General Funds

$304,035

$304,035

$304,035

TOTAL PUBLIC FUNDS

$304,035

$304,035

$304,035

Student Education Enrichment Program

Appropriation (HB1026)

The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational

experiences.

TOTAL STATE FUNDS

$304,035

$304,035

$304,035

WEDNESDAY, FEBRUARY 15, 2006

781

State General Funds

$304,035

$304,035

$304,035

TOTAL PUBLIC FUNDS

$304,035

$304,035

$304,035

342. Teaching

Appropriation (HB85)

The purpose is to establish all such schools of learning or art as may be useful to the state and to organize them in the way

most likely to attain the ends desired.

TOTAL STATE FUNDS

$1,558,562,243 $1,558,562,243 $1,558,562,243

State General Funds

$1,558,562,243 $1,558,562,243 $1,558,562,243

TOTAL AGENCY FUNDS

$2,468,702,893 $2,468,702,893 $2,468,702,893

Contributions, Donations, and Forfeitures

$38,364,204

$38,364,204

$38,364,204

Donations

$38,364,204

$38,364,204

$38,364,204

Intergovernmental Transfers

$1,380,525,444 $1,380,525,444 $1,380,525,444

University System of Georgia Research Funds

$1,380,525,444 $1,380,525,444 $1,380,525,444

Sales and Services

$1,049,813,245 $1,049,813,245 $1,049,813,245

Academic Department Income

$124,366,766 $124,366,766 $124,366,766

Public Service Institute Income

$2,716,998

$2,716,998

$2,716,998

Tuition and Fees for Higher Education

$922,729,481 $922,729,481 $922,729,481

TOTAL PUBLIC FUNDS

$4,027,265,136 $4,027,265,136 $4,027,265,136

Statewide Changes

342.1 WC, GTA, and GBA

State General Funds

$1,699,608

$1,699,608

$1,699,608

Changes in Operations / Administration

342.2 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University.

State General Funds

$677,118

$677,118

$677,118

Changes in How the Program is Funded

342.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect the actual annual

operating budget.

University System of Georgia Research Funds

$5,840,110

Rebates, Refunds, and Reimbursements Not Itemized

$11,681,021

Academic Department Income

$6,858,296

Tuition and Fees for Higher Education

$2,275,884

TOTAL PUBLIC FUNDS

$26,655,311

782

JOURNAL OF THE SENATE

Teaching

Appropriation (HB1026)

The purpose is to establish all such schools of learning or art as may be useful to the state and to organize them in the way

most likely to attain the ends desired.

TOTAL STATE FUNDS

$1,560,938,969 $1,560,938,969 $1,560,938,969

State General Funds

$1,560,938,969 $1,560,938,969 $1,560,938,969

TOTAL AGENCY FUNDS

$2,468,702,893 $2,468,702,893 $2,495,358,204

Contributions, Donations, and Forfeitures

$38,364,204

$38,364,204

$38,364,204

Donations

$38,364,204

$38,364,204

$38,364,204

Intergovernmental Transfers

$1,380,525,444 $1,380,525,444 $1,386,365,554

University System of Georgia Research Funds

$1,380,525,444 $1,380,525,444 $1,386,365,554

Rebates, Refunds, and Reimbursements

$11,681,021

Rebates, Refunds, and Reimbursements Not Itemized

$11,681,021

Sales and Services

$1,049,813,245 $1,049,813,245 $1,058,947,425

Academic Department Income

$124,366,766 $124,366,766 $131,225,062

Public Service Institute Income

$2,716,998

$2,716,998

$2,716,998

Tuition and Fees for Higher Education

$922,729,481 $922,729,481 $925,005,365

TOTAL PUBLIC FUNDS

$4,029,641,862 $4,029,641,862 $4,056,297,173

343. Veterinary Medicine Experiment Station

Appropriation (HB85)

The purpose is to coordinate and conduct research on animal disease problems of present and potential concern to

Georgia's livestock and poultry industries.

TOTAL STATE FUNDS

$3,148,784

$3,148,784

$3,148,784

State General Funds

$3,148,784

$3,148,784

$3,148,784

TOTAL PUBLIC FUNDS

$3,148,784

$3,148,784

$3,148,784

Veterinary Medicine Experiment Station

Appropriation (HB1026)

The purpose is to coordinate and conduct research on animal disease problems of present and potential concern to

Georgia's livestock and poultry industries.

TOTAL STATE FUNDS

$3,148,784

$3,148,784

$3,148,784

State General Funds

$3,148,784

$3,148,784

$3,148,784

TOTAL PUBLIC FUNDS

$3,148,784

$3,148,784

$3,148,784

344. Veterinary Medicine Teaching Hospital

Appropriation (HB85)

WEDNESDAY, FEBRUARY 15, 2006

783

The purpose of the program is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning,

nuclear scintigraphy, and various methods of ultrasonography.

TOTAL STATE FUNDS

$478,173

$478,173

$478,173

State General Funds

$478,173

$478,173

$478,173

TOTAL AGENCY FUNDS

$6,700,000

$6,700,000

$6,700,000

Sales and Services

$6,700,000

$6,700,000

$6,700,000

Veterinary Medicine Income

$6,700,000

$6,700,000

$6,700,000

TOTAL PUBLIC FUNDS

$7,178,173

$7,178,173

$7,178,173

Veterinary Medicine Teaching Hospital

Appropriation (HB1026)

The purpose of the program is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning,

nuclear scintigraphy, and various methods of ultrasonography.

TOTAL STATE FUNDS

$478,173

$478,173

$478,173

State General Funds

$478,173

$478,173

$478,173

TOTAL AGENCY FUNDS

$6,700,000

$6,700,000

$6,700,000

Sales and Services

$6,700,000

$6,700,000

$6,700,000

Veterinary Medicine Income

$6,700,000

$6,700,000

$6,700,000

TOTAL PUBLIC FUNDS

$7,178,173

$7,178,173

$7,178,173

345. Payments to the Georgia Cancer Coalition

Appropriation (HB85)

The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS

$10,482,554

$10,482,554

$10,482,554

Tobacco Settlement Funds

$10,482,554

$10,482,554

$10,482,554

TOTAL PUBLIC FUNDS

$10,482,554

$10,482,554

$10,482,554

Changes in Operations / Administration

345.1 Funds were transferred to the Board of Regents by an Executive Order. (S:Maintain as a separate program)

Tobacco Settlement Funds

$0

$0

$0

Payments to the Georgia Cancer Coalition

Appropriation (HB1026)

The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS

$10,482,554

$10,482,554

$10,482,554

Tobacco Settlement Funds

$10,482,554

$10,482,554

$10,482,554

TOTAL PUBLIC FUNDS

$10,482,554

$10,482,554

$10,482,554

346. Payments to Georgia Military College

Appropriation (HB85)

784

JOURNAL OF THE SENATE

The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school.

TOTAL STATE FUNDS

$2,500,092

$2,500,092

$2,500,092

State General Funds

$2,500,092

$2,500,092

$2,500,092

TOTAL PUBLIC FUNDS

$2,500,092

$2,500,092

$2,500,092

Statewide Changes

346.1 WC, GTA, and GBA

State General Funds

$13,642

$13,642

$13,642

One-Time Expense

346.2 Provide funds for loss of revenues due to cadet deployment.

State General Funds

$383,000

$383,000

Payments to Georgia Military College

Appropriation (HB1026)

The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school.

TOTAL STATE FUNDS

$2,513,734

$2,896,734

$2,896,734

State General Funds

$2,513,734

$2,896,734

$2,896,734

TOTAL PUBLIC FUNDS

$2,513,734

$2,896,734

$2,896,734

347. Payments to Public Telecommunications Commission,

Appropriation (HB85)

Georgia

The purpose is to create, produce and distribute high quality programs and services that educate, inform and entertain our

audiences and enrich the quality of their lives.

TOTAL STATE FUNDS

$16,954,058

$16,954,058

$16,954,058

State General Funds

$16,954,058

$16,954,058

$16,954,058

TOTAL PUBLIC FUNDS

$16,954,058

$16,954,058

$16,954,058

Statewide Changes

347.1 WC, GTA, and GBA

State General Funds

$4,591

$4,591

$4,591

Payments to Public Telecommunications Commission, Georgia

Appropriation (HB1026)

The purpose is to create, produce and distribute high quality programs and services that educate, inform and entertain our

audiences and enrich the quality of their lives.

TOTAL STATE FUNDS

$16,958,649

$16,958,649

$16,958,649

State General Funds

$16,958,649

$16,958,649

$16,958,649

TOTAL PUBLIC FUNDS

$16,958,649

$16,958,649

$16,958,649

WEDNESDAY, FEBRUARY 15, 2006

785

348. Public Libraries

Appropriation (HB85)

The purpose is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS

$35,748,543

$35,748,543

$35,748,543

State General Funds

$35,748,543

$35,748,543

$35,748,543

TOTAL FEDERAL FUNDS

$2,509,208

$2,509,208

$2,509,208

State Library Program CFDA 45.310

$2,509,208

$2,509,208

$2,509,208

TOTAL PUBLIC FUNDS

$38,257,751

$38,257,751

$38,257,751

Statewide Changes

348.1 WC, GTA, and GBA

State General Funds

$2,042

$2,042

$2,042

Changes in Operations / Administration

348.2 Transfer to Regents Central Office to correct an error in the GBA real estate rental rate.

State General Funds

($69,356)

($69,356)

($69,356)

348.3 Adjust funds to correct an error in the increase of the employer share of the State Health Benefit Plan.

State General Funds

$220,000

$220,000

$220,000

One-Time Expense

348.4 Provide grant funds for resources and materials to be equally distributed to each library system.

State General Funds

$2,000,000

Public Libraries

Appropriation (HB1026)

The purpose is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS

$35,901,229

$35,901,229

$37,901,229

State General Funds

$35,901,229

$35,901,229

$37,901,229

TOTAL FEDERAL FUNDS

$2,509,208

$2,509,208

$2,509,208

State Library Program CFDA 45.310

$2,509,208

$2,509,208

$2,509,208

TOTAL PUBLIC FUNDS

$38,410,437

$38,410,437

$40,410,437

Section 40: Revenue, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$538,503,629 $538,503,629 $538,503,629

State General Funds

$538,353,629 $538,353,629 $538,353,629

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL AGENCY FUNDS

$7,005,348

$7,005,348

$7,005,348

786

JOURNAL OF THE SENATE

Reserved Fund Balances

$426,769

$426,769

$426,769

Sales and Services

$6,578,579

$6,578,579

$6,578,579

TOTAL PUBLIC FUNDS

$545,508,977 $545,508,977 $545,508,977

Final Section Totals

TOTAL STATE FUNDS

$528,217,125 $524,792,125 $524,792,125

State General Funds

$528,067,125 $524,642,125 $524,642,125

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$1,692,514

Enforcing Underage Drinking Laws Program CFDA16.727

$136,518

National Motor Carrier Safety Administration CFDA20.218

$1,555,996

TOTAL AGENCY FUNDS

$7,005,348

$7,005,348

$14,896,089

Reserved Fund Balances

$426,769

$426,769

$426,769

Intergovernmental Transfers

$3,425,000

Rebates, Refunds, and Reimbursements

$103,185

Sales and Services

$6,578,579

$6,578,579

$10,941,135

TOTAL PUBLIC FUNDS

$535,222,473 $531,797,473 $541,380,728

349. Customer Service

Appropriation (HB85)

The purpose is to assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary

compliance and the Taxpayer Bill of Rights.

TOTAL STATE FUNDS

$9,644,919

$9,644,919

$9,644,919

State General Funds

$9,644,919

$9,644,919

$9,644,919

TOTAL AGENCY FUNDS

$2,110,135

$2,110,135

$2,110,135

Sales and Services

$2,110,135

$2,110,135

$2,110,135

Collection/Administrative Fees

$2,110,135

$2,110,135

$2,110,135

TOTAL PUBLIC FUNDS

$11,755,054

$11,755,054

$11,755,054

Statewide Changes

349.1 WC, GTA, and GBA

State General Funds

$8,469

$8,469

$8,469

One-Time Expense

349.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to cover

Department of Law invoices for legal representation in public utility appraisal litigation.

WEDNESDAY, FEBRUARY 15, 2006

787

Rebates, Refunds, and Reimbursements Not Itemized

$103,185

Changes in the Size of the Program

349.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure positive customer relations with

Georgia taxpayers.

State General Funds

$675,936

$675,936

$675,936

Customer Service

Appropriation (HB1026)

The purpose is to assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary

compliance and the Taxpayer Bill of Rights.

TOTAL STATE FUNDS

$10,329,324

$10,329,324

$10,329,324

State General Funds

$10,329,324

$10,329,324

$10,329,324

TOTAL AGENCY FUNDS

$2,110,135

$2,110,135

$2,213,320

Rebates, Refunds, and Reimbursements

$103,185

Rebates, Refunds, and Reimbursements Not Itemized

$103,185

Sales and Services

$2,110,135

$2,110,135

$2,110,135

Collection/Administrative Fees

$2,110,135

$2,110,135

$2,110,135

TOTAL PUBLIC FUNDS

$12,439,459

$12,439,459

$12,542,644

350. Departmental Administration

Appropriation (HB85)

The purpose is to administer and enforce the tax laws of the State of Georgia and provide general support services to the

operating programs of the Department of Revenue.

TOTAL STATE FUNDS

$3,979,012

$3,979,012

$3,979,012

State General Funds

$3,979,012

$3,979,012

$3,979,012

TOTAL PUBLIC FUNDS

$3,979,012

$3,979,012

$3,979,012

Statewide Changes

350.1 WC, GTA, and GBA

State General Funds

$1,853

$1,853

$1,853

Changes in the Size of the Program

350.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to cover projected cost of

administration.

Collection/Administrative Fees

$385,200

Departmental Administration

Appropriation (HB1026)

788

JOURNAL OF THE SENATE

The purpose is to administer and enforce the tax laws of the State of Georgia and provide general support services to the

operating programs of the Department of Revenue.

TOTAL STATE FUNDS

$3,980,865

$3,980,865

$3,980,865

State General Funds

$3,980,865

$3,980,865

$3,980,865

TOTAL AGENCY FUNDS

$385,200

Sales and Services

$385,200

Collection/Administrative Fees

$385,200

TOTAL PUBLIC FUNDS

$3,980,865

$3,980,865

$4,366,065

351. Grants and Distribution

Appropriation (HB85)

The purpose is to administer, collect, and distribute all local sales taxes in Georgia and to provide state retirement benefits

to local tax officials and their staffs.

TOTAL STATE FUNDS

$8,825,027

$8,825,027

$8,825,027

State General Funds

$8,825,027

$8,825,027

$8,825,027

TOTAL PUBLIC FUNDS

$8,825,027

$8,825,027

$8,825,027

Grants and Distribution

Appropriation (HB1026)

The purpose is to administer, collect, and distribute all local sales taxes in Georgia and to provide state retirement benefits

to local tax officials and their staffs.

TOTAL STATE FUNDS

$8,825,027

$8,825,027

$8,825,027

State General Funds

$8,825,027

$8,825,027

$8,825,027

TOTAL PUBLIC FUNDS

$8,825,027

$8,825,027

$8,825,027

352. Homeowner Tax Relief Grants

Appropriation (HB85)

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each

qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2005.

TOTAL STATE FUNDS

$432,290,501 $432,290,501 $432,290,501

State General Funds

$432,290,501 $432,290,501 $432,290,501

TOTAL PUBLIC FUNDS

$432,290,501 $432,290,501 $432,290,501

Changes in the Size of the Program

352.1 Reduce remaining unclaimed surplus in the Homeowners Tax Relief Grants.

State General Funds

($10,324,254) ($10,324,254) ($10,324,254)

352.2 Transfer unclaimed surplus funds to Revenue Processing, Tax Compliance, Customer Service and Motor Vehicle

Registration to ensure accurate vehicle tax processing.

WEDNESDAY, FEBRUARY 15, 2006

789

State General Funds

($9,675,746)

($9,675,746)

($9,675,746)

Homeowner Tax Relief Grants

Appropriation (HB1026)

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each

qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2005.

TOTAL STATE FUNDS

$412,290,501 $412,290,501 $412,290,501

State General Funds

$412,290,501 $412,290,501 $412,290,501

TOTAL PUBLIC FUNDS

$412,290,501 $412,290,501 $412,290,501

353. Industry Regulation

Appropriation (HB85)

The purpose is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products

and to ensure all coin operated amusement machines are properly licensed and decaled.

TOTAL STATE FUNDS

$4,516,392

$4,516,392

$4,516,392

State General Funds

$4,366,392

$4,366,392

$4,366,392

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$4,516,392

$4,516,392

$4,516,392

Statewide Changes

353.1 WC, GTA, and GBA

State General Funds

$2,890

$2,890

$2,890

Changes in the Size of the Program

353.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to cover the

cost of operating the On-Road Dyed Fuel Inspection Program, and to track and monitor compliance activities at locations

where tobacco products are sold and to ensure tobacco products are not sold to minors.

Enforcing Underage Drinking Laws Program CFDA16.727

$136,518

National Motor Carrier Safety Administration CFDA20.218

$232,400

TOTAL PUBLIC FUNDS

$368,918

Industry Regulation

Appropriation (HB1026)

The purpose is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products

and to ensure all coin operated amusement machines are properly licensed and decaled.

TOTAL STATE FUNDS

$4,519,282

$4,519,282

$4,519,282

State General Funds

$4,369,282

$4,369,282

$4,369,282

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$368,918

790

JOURNAL OF THE SENATE

Enforcing Underage Drinking Laws Program CFDA16.727

$136,518

National Motor Carrier Safety Administration CFDA20.218

$232,400

TOTAL PUBLIC FUNDS

$4,519,282

$4,519,282

$4,888,200

354. Revenue Processing

Appropriation (HB85)

The purpose is to ensure that all tax payments are received, credited, and deposited according to sound business practices

and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

TOTAL STATE FUNDS

$28,891,183

$28,891,183

$28,891,183

State General Funds

$28,891,183

$28,891,183

$28,891,183

TOTAL AGENCY FUNDS

$426,769

$426,769

$426,769

Reserved Fund Balances

$426,769

$426,769

$426,769

Universal Service Fund

$426,769

$426,769

$426,769

TOTAL PUBLIC FUNDS

$29,317,952

$29,317,952

$29,317,952

Statewide Changes

354.1 WC, GTA, and GBA

State General Funds

$20,620

$20,620

$20,620

Changes in How the Program is Funded

354.4 Recapture unclaimed surplus funds from Homeowners' Tax Relief Grants originally designated for Revenue

Processing. (S: Recognize in kind Payments from Georgia Technology Authority originally in HB85 remitted to

StateTreasury).

State General Funds

($3,425,000)

($3,425,000)

Authority/local government payments to state agencies

$3,425,000

TOTAL PUBLIC FUNDS

$0

Changes in the Size of the Program

354.2 Transfer one position to the Department of Public Safety.

State General Funds

($30,000)

($30,000)

($30,000)

354.3 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure timely and accurate processing of

tax returns.

State General Funds

$7,425,526

$7,425,526

$7,425,526

Revenue Processing

Appropriation (HB1026)

The purpose is to ensure that all tax payments are received, credited, and deposited according to sound business practices

and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

WEDNESDAY, FEBRUARY 15, 2006

791

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Universal Service Fund Intergovernmental Transfers Authority/local government payments to state agencies
TOTAL PUBLIC FUNDS

$36,307,329 $36,307,329
$426,769 $426,769 $426,769
$36,734,098

$32,882,329 $32,882,329
$426,769 $426,769 $426,769
$33,309,098

$32,882,329 $32,882,329
$3,851,769 $426,769 $426,769
$3,425,000 $3,425,000 $36,734,098

355. Salvage Inspection

Appropriation (HB85)

The purpose is for the inspection of rebuilt salvage vehicles.

TOTAL STATE FUNDS

$1,527,364

$1,527,364

$1,527,364

State General Funds

$1,527,364

$1,527,364

$1,527,364

TOTAL PUBLIC FUNDS

$1,527,364

$1,527,364

$1,527,364

Statewide Changes

355.1 WC, GTA, and GBA

State General Funds

$1,181

$1,181

$1,181

Salvage Inspection

Appropriation (HB1026)

The purpose is for the inspection of rebuilt salvage vehicles.

TOTAL STATE FUNDS

$1,528,545

$1,528,545

$1,528,545

State General Funds

$1,528,545

$1,528,545

$1,528,545

TOTAL PUBLIC FUNDS

$1,528,545

$1,528,545

$1,528,545

356. State Board of Equalization

Appropriation (HB85)

The purpose is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed

assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and

reasonably uniform with the values set on other classes of property throughout the state.

TOTAL STATE FUNDS

$5,000

$5,000

$5,000

State General Funds

$5,000

$5,000

$5,000

TOTAL PUBLIC FUNDS

$5,000

$5,000

$5,000

State Board of Equalization

Appropriation (HB1026)

792

JOURNAL OF THE SENATE

The purpose is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed

assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and

reasonably uniform with the values set on other classes of property throughout the state.

TOTAL STATE FUNDS

$5,000

$5,000

$5,000

State General Funds

$5,000

$5,000

$5,000

TOTAL PUBLIC FUNDS

$5,000

$5,000

$5,000

357. Tag and Title Registration

Appropriation (HB85)

The purpose is to establish motor vehicle ownership.

TOTAL STATE FUNDS

$22,099,571

$22,099,571

$22,099,571

State General Funds

$22,099,571

$22,099,571

$22,099,571

TOTAL AGENCY FUNDS

$652,681

$652,681

$652,681

Sales and Services

$652,681

$652,681

$652,681

Sales and Services Not Itemized

$652,681

$652,681

$652,681

TOTAL PUBLIC FUNDS

$22,752,252

$22,752,252

$22,752,252

Statewide Changes

357.1 WC, GTA, and GBA

State General Funds

$10,458

$10,458

$10,458

Changes in the Size of the Program

357.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure accurate vehicle tax processing.

State General Funds

$225,000

$225,000

$225,000

Tag and Title Registration

Appropriation (HB1026)

The purpose is to establish motor vehicle ownership.

TOTAL STATE FUNDS

$22,335,029

$22,335,029

$22,335,029

State General Funds

$22,335,029

$22,335,029

$22,335,029

TOTAL AGENCY FUNDS

$652,681

$652,681

$652,681

Sales and Services

$652,681

$652,681

$652,681

Sales and Services Not Itemized

$652,681

$652,681

$652,681

TOTAL PUBLIC FUNDS

$22,987,710

$22,987,710

$22,987,710

358. Tax Compliance

Appropriation (HB85)

The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS

$26,724,660

$26,724,660

$26,724,660

WEDNESDAY, FEBRUARY 15, 2006

793

State General Funds

$26,724,660

$26,724,660

$26,724,660

TOTAL AGENCY FUNDS

$3,815,763

$3,815,763

$3,815,763

Sales and Services

$3,815,763

$3,815,763

$3,815,763

Collection/Administrative Fees

$3,815,763

$3,815,763

$3,815,763

TOTAL PUBLIC FUNDS

$30,540,423

$30,540,423

$30,540,423

Statewide Changes

358.1 WC, GTA, and GBA

State General Funds

$22,279

$22,279

$22,279

Changes in the Size of the Program

358.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure timely and accurate revenue

collections processing.

State General Funds

$1,349,284

$1,349,284

$1,349,284

358.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to supplement

the cost of enforcing motor vehicle tax compliance, and agency funds for seventy-five revenue agents.

National Motor Carrier Safety Administration CFDA20.218

$1,323,596

Collection/Administrative Fees

$3,977,356

TOTAL PUBLIC FUNDS

$5,300,952

Tax Compliance

Appropriation (HB1026)

The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS

$28,096,223

$28,096,223

$28,096,223

State General Funds

$28,096,223

$28,096,223

$28,096,223

TOTAL FEDERAL FUNDS

$1,323,596

National Motor Carrier Safety Administration CFDA20.218

$1,323,596

TOTAL AGENCY FUNDS

$3,815,763

$3,815,763

$7,793,119

Sales and Services

$3,815,763

$3,815,763

$7,793,119

Collection/Administrative Fees

$3,815,763

$3,815,763

$7,793,119

TOTAL PUBLIC FUNDS

$31,911,986

$31,911,986

$37,212,938

Section 41A: Secretary of State

Section Total (HB85)

TOTAL STATE FUNDS

$34,038,145

$34,038,145

$34,038,145

State General Funds

$34,038,145

$34,038,145

$34,038,145

794

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$1,493,584

$1,493,584

$1,493,584

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

Sales and Services

$1,443,584

$1,443,584

$1,443,584

TOTAL PUBLIC FUNDS

$35,531,729

$35,531,729

$35,531,729

Final Section Totals

TOTAL STATE FUNDS

$35,078,552

$35,865,552

$36,065,775

State General Funds

$35,078,552

$35,865,552

$36,065,775

TOTAL AGENCY FUNDS

$1,493,584

$1,493,584

$1,493,584

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

Sales and Services

$1,443,584

$1,443,584

$1,443,584

TOTAL PUBLIC FUNDS

$36,572,136

$37,359,136

$37,559,359

359. Archives and Records

Appropriation (HB85)

The purpose is to assist State Agencies in adequately documenting their activities, administering their records management

programs, scheduling their records and transferring their non-current records to the State Records Center.

TOTAL STATE FUNDS

$5,856,020

$5,856,020

$5,856,020

State General Funds

$5,856,020

$5,856,020

$5,856,020

TOTAL AGENCY FUNDS

$504,234

$504,234

$504,234

Sales and Services

$504,234

$504,234

$504,234

Sales and Services Not Itemized

$504,234

$504,234

$504,234

TOTAL PUBLIC FUNDS

$6,360,254

$6,360,254

$6,360,254

Statewide Changes

359.1 WC, GTA, and GBA

State General Funds

$2,655

$2,655

$2,655

Changes in How the Program is Funded

359.2 Create a new fund source to properly reflect the Record Center Storage revenue. (H and S:YES)

Record Center Storage Fees

$0

$0

Archives and Records

Appropriation (HB1026)

The purpose is to assist State Agencies in adequately documenting their activities, administering their records management

programs, scheduling their records and transferring their non-current records to the State Records Center.

TOTAL STATE FUNDS

$5,858,675

$5,858,675

$5,858,675

State General Funds

$5,858,675

$5,858,675

$5,858,675

WEDNESDAY, FEBRUARY 15, 2006

795

TOTAL AGENCY FUNDS

$504,234

$504,234

$504,234

Sales and Services

$504,234

$504,234

$504,234

Sales and Services Not Itemized

$504,234

$504,234

$504,234

TOTAL PUBLIC FUNDS

$6,362,909

$6,362,909

$6,362,909

360. Capitol Education Center

Appropriation (HB85)

The purpose of the Capitol Education Center is to educate Georgians on the importance of civic involvement, the functions

of state government, and the history of the State Capitol.

TOTAL STATE FUNDS

$151,672

$151,672

$151,672

State General Funds

$151,672

$151,672

$151,672

TOTAL PUBLIC FUNDS

$151,672

$151,672

$151,672

Statewide Changes

360.1 WC, GTA, and GBA

State General Funds

$122

$122

$122

Capitol Education Center

Appropriation (HB1026)

The purpose of the Capitol Education Center is to educate Georgians on the importance of civic involvement, the functions

of state government, and the history of the State Capitol.

TOTAL STATE FUNDS

$151,794

$151,794

$151,794

State General Funds

$151,794

$151,794

$151,794

TOTAL PUBLIC FUNDS

$151,794

$151,794

$151,794

361. Corporations

Appropriation (HB85)

The Corporations Division accepts and reviews filings made pursuant to the above enumerated statutes. The division issues

certifications of records on file and provides general information to the public on approximately 590,000 filed entities.

TOTAL STATE FUNDS

$1,312,934

$1,312,934

$1,312,934

State General Funds

$1,312,934

$1,312,934

$1,312,934

TOTAL AGENCY FUNDS

$739,350

$739,350

$739,350

Sales and Services

$739,350

$739,350

$739,350

Sales and Services Not Itemized

$739,350

$739,350

$739,350

TOTAL PUBLIC FUNDS

$2,052,284

$2,052,284

$2,052,284

Statewide Changes

361.1 WC, GTA, and GBA

State General Funds

$1,414

$1,414

$1,414

796

JOURNAL OF THE SENATE

Corporations

Appropriation (HB1026)

The Corporations Division accepts and reviews filings made pursuant to the above enumerated statutes. The division issues

certifications of records on file and provides general information to the public on approximately 590,000 filed entities.

TOTAL STATE FUNDS

$1,314,348

$1,314,348

$1,314,348

State General Funds

$1,314,348

$1,314,348

$1,314,348

TOTAL AGENCY FUNDS

$739,350

$739,350

$739,350

Sales and Services

$739,350

$739,350

$739,350

Sales and Services Not Itemized

$739,350

$739,350

$739,350

TOTAL PUBLIC FUNDS

$2,053,698

$2,053,698

$2,053,698

362. Elections

Appropriation (HB85)

The purpose is to administer all duties imposed upon the Secretary of State by the above cited Georgia federal laws by

providing all required filing and public information services, performing all certification and commissioning duties

required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election,

voter registration and financial disclosure laws.

TOTAL STATE FUNDS

$5,545,164

$5,545,164

$5,545,164

State General Funds

$5,545,164

$5,545,164

$5,545,164

TOTAL AGENCY FUNDS

$20,000

$20,000

$20,000

Sales and Services

$20,000

$20,000

$20,000

Sales and Services Not Itemized

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$5,565,164

$5,565,164

$5,565,164

Statewide Changes

362.1 WC, GTA, and GBA

State General Funds

$1,715

$1,715

$1,715

One-Time Expense

362.2 Provide funds for notification of voters affected by redistricting.

State General Funds

$964,923

$964,923

$964,923

Changes in How the Program is Funded

362.3 Transfer remainig funding for the State Board of Election to the new Budget Unit along with voter education funds to

implement SB84 (S:YES).

State General Funds

$0

Elections

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

797

The purpose is to administer all duties imposed upon the Secretary of State by the above cited Georgia federal laws by

providing all required filing and public information services, performing all certification and commissioning duties

required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election,

voter registration and financial disclosure laws.

TOTAL STATE FUNDS

$6,511,802

$6,511,802

$6,511,802

State General Funds

$6,511,802

$6,511,802

$6,511,802

TOTAL AGENCY FUNDS

$20,000

$20,000

$20,000

Sales and Services

$20,000

$20,000

$20,000

Sales and Services Not Itemized

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$6,531,802

$6,531,802

$6,531,802

363. Office Administration

Appropriation (HB85)

The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its

attached agencies.

TOTAL STATE FUNDS

$4,642,318

$4,642,318

$4,642,318

State General Funds

$4,642,318

$4,642,318

$4,642,318

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$4,672,318

$4,672,318

$4,672,318

Statewide Changes

363.1 WC, GTA, and GBA

State General Funds

$4,213

$4,213

$4,213

Changes in the Size of the Program

363.2 Provide funds for legal fees associated with Voter ID litigation.

State General Funds

$287,000

$487,223

Office Administration

Appropriation (HB1026)

The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its

attached agencies.

TOTAL STATE FUNDS

$4,646,531

$4,933,531

$5,133,754

State General Funds

$4,646,531

$4,933,531

$5,133,754

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

798

JOURNAL OF THE SENATE

Sales and Services

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$4,676,531

$4,963,531

$5,163,754

364. Professional Licensing Boards

Appropriation (HB85)

The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS

$9,318,609

$9,318,609

$9,318,609

State General Funds

$9,318,609

$9,318,609

$9,318,609

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$9,468,609

$9,468,609

$9,468,609

Statewide Changes

364.1 WC, GTA, and GBA

State General Funds

$6,795

$6,795

$6,795

Professional Licensing Boards

Appropriation (HB1026)

The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS

$9,325,404

$9,325,404

$9,325,404

State General Funds

$9,325,404

$9,325,404

$9,325,404

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$9,475,404

$9,475,404

$9,475,404

365. Securities

Appropriation (HB85)

The purpose is to provide for registration, compliance and enforcement of the above provisions of the Georgia Codes, and

to provide information to the public regarding subjects of such codes.

TOTAL STATE FUNDS

$1,961,222

$1,961,222

$1,961,222

State General Funds

$1,961,222

$1,961,222

$1,961,222

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements Not Itemized

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$2,011,222

$2,011,222

$2,011,222

WEDNESDAY, FEBRUARY 15, 2006

799

Statewide Changes

365.1 WC, GTA, and GBA

State General Funds

$1,946

$1,946

$1,946

Securities

Appropriation (HB1026)

The purpose is to provide for registration, compliance and enforcement of the above provisions of the Georgia Codes, and

to provide information to the public regarding subjects of such codes.

TOTAL STATE FUNDS

$1,963,168

$1,963,168

$1,963,168

State General Funds

$1,963,168

$1,963,168

$1,963,168

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements Not Itemized

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$2,013,168

$2,013,168

$2,013,168

366. Drugs and Narcotics Agency, Georgia

Appropriation (HB85)

The purpose is to protect the health, safety, and welfare of the general public by providing an enforcement presence to

oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS

$1,288,769

$1,288,769

$1,288,769

State General Funds

$1,288,769

$1,288,769

$1,288,769

TOTAL PUBLIC FUNDS

$1,288,769

$1,288,769

$1,288,769

Statewide Changes

366.1 WC, GTA, and GBA

State General Funds

$1,259

$1,259

$1,259

Drugs and Narcotics Agency, Georgia

Appropriation (HB1026)

The purpose is to protect the health, safety, and welfare of the general public by providing an enforcement presence to

oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS

$1,290,028

$1,290,028

$1,290,028

State General Funds

$1,290,028

$1,290,028

$1,290,028

TOTAL PUBLIC FUNDS

$1,290,028

$1,290,028

$1,290,028

367. State Ethics Commission

Appropriation (HB85)

The purpose is to protect the integrity of the democratic process and to ensure fair elections with the public disclosure of

campaign financing and significant private interests of public officers and candidates for public office.

TOTAL STATE FUNDS

$824,434

$824,434

$824,434

800

JOURNAL OF THE SENATE

State General Funds

$824,434

$824,434

$824,434

TOTAL PUBLIC FUNDS

$824,434

$824,434

$824,434

Statewide Changes

367.1 WC, GTA, and GBA

State General Funds

$679

$679

$679

One-Time Expense

367.2 Provide funds necessary to transfer electronic elections filing system from Secretary of State to State Ethics

Commission.

State General Funds

$16,500

$16,500

$16,500

367.4 Provide funds for technology upgrades and software compatibility.

State General Funds

$88,000

$88,000

367.5 Provide funds for upgrades in technology associated with HB 48 (electronic campaign filing).

State General Funds

$412,000

$412,000

State Ethics Commission

Appropriation (HB1026)

The purpose is to protect the integrity of the democratic process and to ensure fair elections with the public disclosure of

campaign financing and significant private interests of public officers and candidates for public office.

TOTAL STATE FUNDS

$841,613

$1,341,613

$1,341,613

State General Funds

$841,613

$1,341,613

$1,341,613

TOTAL PUBLIC FUNDS

$841,613

$1,341,613

$1,341,613

368. Commission on the Holocaust, Georgia

Appropriation (HB85)

The purpose is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an

awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their recurrence.

TOTAL STATE FUNDS

$245,915

$245,915

$245,915

State General Funds

$245,915

$245,915

$245,915

TOTAL PUBLIC FUNDS

$245,915

$245,915

$245,915

Statewide Changes

368.1 WC, GTA, and GBA

State General Funds

$232

$232

$232

Commission on the Holocaust, Georgia

Appropriation (HB1026)

The purpose is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an

awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their recurrence.

WEDNESDAY, FEBRUARY 15, 2006

801

TOTAL STATE FUNDS

$246,147

$246,147

$246,147

State General Funds

$246,147

$246,147

$246,147

TOTAL PUBLIC FUNDS

$246,147

$246,147

$246,147

369. Real Estate Commission

Appropriation (HB85)

The purpose is to administer the license law that regulates brokers, salespersons, and community association managers.

TOTAL STATE FUNDS

$2,891,088

$2,891,088

$2,891,088

State General Funds

$2,891,088

$2,891,088

$2,891,088

TOTAL PUBLIC FUNDS

$2,891,088

$2,891,088

$2,891,088

Statewide Changes

369.1 WC, GTA, and GBA

State General Funds

$1,954

$1,954

$1,954

One-Time Expense

369.2 Provide funds to replace two high-mileage motor vehicles for investigations.

State General Funds

$36,000

$36,000

$36,000

Real Estate Commission

Appropriation (HB1026)

The purpose is to administer the license law that regulates brokers, salespersons, and community association managers.

TOTAL STATE FUNDS

$2,929,042

$2,929,042

$2,929,042

State General Funds

$2,929,042

$2,929,042

$2,929,042

TOTAL PUBLIC FUNDS

$2,929,042

$2,929,042

$2,929,042

Section 41B: State Election Board

Final Section Totals

TOTAL STATE FUNDS

$500,000

$550,000

State General Funds

$500,000

$550,000

TOTAL PUBLIC FUNDS

$500,000

$550,000

Changes in How the Program is Funded

424.1 Account for remaining budget for State Elections Board in new Budget Unit (S:YES).

State General Funds

$0

424.2 Transfer remaining voter education funding from Elections Program in Secretary of State to the State Elections Board

for voter education to implement SB 84. (S:YES)

State General Funds

$0

Changes in What Services are Offered

802

JOURNAL OF THE SENATE

424.3 Provide funds for photo ID card equipment for counties per SB 84.

State General Funds

$500,000

$550,000

State Election Board

Appropriation (HB1026)

TOTAL STATE FUNDS

$500,000

$550,000

State General Funds

$500,000

$550,000

TOTAL PUBLIC FUNDS

$500,000

$550,000

Section 42: Soil and Water Conservation Commission

Section Total (HB85)

TOTAL STATE FUNDS

$3,706,196

$3,706,196

$3,706,196

State General Funds

$3,706,196

$3,706,196

$3,706,196

TOTAL FEDERAL FUNDS

$1,680,526

$1,680,526

$1,680,526

Fish & Wildlife Service CFDA15.631

$322,504

$322,504

$322,504

USDA Natural Resources Conservation Service CFDA10.902

$750,000

$750,000

$750,000

Water Quality Management Planning CFDA66.454

$608,022

$608,022

$608,022

TOTAL AGENCY FUNDS

$7,049,487

$7,049,487

$7,049,487

Intergovernmental Transfers

$6,799,922

$6,799,922

$6,799,922

Sales and Services

$249,565

$249,565

$249,565

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$12,817,114

$12,817,114

$12,817,114

Final Section Totals

TOTAL STATE FUNDS

$3,709,361

$3,709,361

$3,709,361

State General Funds

$3,709,361

$3,709,361

$3,709,361

TOTAL FEDERAL FUNDS

$1,295,526

$1,295,526

$1,295,526

Fish & Wildlife Service CFDA15.631

$322,504

$322,504

$322,504

USDA Natural Resources Conservation Service CFDA10.902

$750,000

$750,000

$750,000

Water Quality Management Planning CFDA66.454

$223,022

$223,022

$223,022

TOTAL AGENCY FUNDS

$7,049,312

$7,049,312

$7,049,312

Intergovernmental Transfers

$6,799,922

$6,799,922

$6,799,922

Sales and Services

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$12,435,104

$12,435,104

$12,435,104

WEDNESDAY, FEBRUARY 15, 2006

803

370. Commission Administration

Appropriation (HB85)

The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$583,098

$583,098

$583,098

State General Funds

$583,098

$583,098

$583,098

TOTAL AGENCY FUNDS

$175

$175

$175

Sales and Services

$175

$175

$175

Sales and Services Not Itemized

$175

$175

$175

TOTAL PUBLIC FUNDS

$583,273

$583,273

$583,273

Statewide Changes

370.1 WC, GTA, and GBA

State General Funds

$917

$917

$917

Changes in the Size of the Program

370.2 Remove funds to properly reflect program expenditures.

Sales and Services Not Itemized

($175)

($175)

($175)

Commission Administration

Appropriation (HB1026)

The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$584,015

$584,015

$584,015

State General Funds

$584,015

$584,015

$584,015

TOTAL PUBLIC FUNDS

$584,015

$584,015

$584,015

371. Conservation of Agricultural Water Supplies

Appropriation (HB85)

The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS

$227,332

$227,332

$227,332

State General Funds

$227,332

$227,332

$227,332

TOTAL FEDERAL FUNDS

$750,000

$750,000

$750,000

USDA Natural Resources Conservation Service CFDA10.902

$750,000

$750,000

$750,000

TOTAL AGENCY FUNDS

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers

$6,749,922

$6,749,922

$6,749,922

Authority/local government payments to state agencies

$6,749,922

$6,749,922

$6,749,922

TOTAL PUBLIC FUNDS

$7,727,254

$7,727,254

$7,727,254

Statewide Changes

804

JOURNAL OF THE SENATE

371.1 WC, GTA, and GBA

State General Funds

$376

$376

$376

Changes in the Size of the Program

371.2 Transfer funds from the Conservation of Soil and Water Resources program for the Region V office in Dawson to

more accurately reflect program activities.

State General Funds

$18,461

$18,461

$18,461

Conservation of Agricultural Water Supplies

Appropriation (HB1026)

The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS

$246,169

$246,169

$246,169

State General Funds

$246,169

$246,169

$246,169

TOTAL FEDERAL FUNDS

$750,000

$750,000

$750,000

USDA Natural Resources Conservation Service CFDA10.902

$750,000

$750,000

$750,000

TOTAL AGENCY FUNDS

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers

$6,749,922

$6,749,922

$6,749,922

Authority/local government payments to state agencies

$6,749,922

$6,749,922

$6,749,922

TOTAL PUBLIC FUNDS

$7,746,091

$7,746,091

$7,746,091

372. Conservation of Soil and Water Resources

Appropriation (HB85)

The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best

management practices on agricultural lands.

TOTAL STATE FUNDS

$1,092,694

$1,092,694

$1,092,694

State General Funds

$1,092,694

$1,092,694

$1,092,694

TOTAL FEDERAL FUNDS

$863,526

$863,526

$863,526

Fish & Wildlife Service CFDA15.631

$322,504

$322,504

$322,504

Water Quality Management Planning CFDA66.454

$541,022

$541,022

$541,022

TOTAL AGENCY FUNDS

$299,390

$299,390

$299,390

Intergovernmental Transfers

$50,000

$50,000

$50,000

Authority/local government payments to state agencies

$50,000

$50,000

$50,000

Sales and Services

$249,390

$249,390

$249,390

Sales and Services Not Itemized

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

Agency to Agency Contracts

$380,905

$380,905

$380,905

WEDNESDAY, FEBRUARY 15, 2006

805

TOTAL PUBLIC FUNDS

$2,636,515

$2,636,515

$2,636,515

Statewide Changes

372.1 WC, GTA, and GBA

State General Funds

$1,829

$1,829

$1,829

Changes in Operations / Administration

372.2 Remove funds for contracts that were completed in FY 2005.

Water Quality Management Planning CFDA66.454

($318,000)

($318,000)

($318,000)

Changes in the Size of the Program

372.3 Transfer funds to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to more

accurately reflect program activities.

State General Funds

($18,461)

($18,461)

($18,461)

Conservation of Soil and Water Resources

Appropriation (HB1026)

The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best

management practices on agricultural lands.

TOTAL STATE FUNDS

$1,076,062

$1,076,062

$1,076,062

State General Funds

$1,076,062

$1,076,062

$1,076,062

TOTAL FEDERAL FUNDS

$545,526

$545,526

$545,526

Fish & Wildlife Service CFDA15.631

$322,504

$322,504

$322,504

Water Quality Management Planning CFDA66.454

$223,022

$223,022

$223,022

TOTAL AGENCY FUNDS

$299,390

$299,390

$299,390

Intergovernmental Transfers

$50,000

$50,000

$50,000

Authority/local government payments to state agencies

$50,000

$50,000

$50,000

Sales and Services

$249,390

$249,390

$249,390

Sales and Services Not Itemized

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

Agency to Agency Contracts

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$2,301,883

$2,301,883

$2,301,883

373. U.S.D.A. Flood Control Watershed Structures

Appropriation (HB85)

The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

TOTAL STATE FUNDS

$19,655

$19,655

$19,655

State General Funds

$19,655

$19,655

$19,655

806

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$19,655

$19,655

$19,655

Statewide Changes

373.1 WC, GTA, and GBA

State General Funds

$39

$39

$39

Changes in the Size of the Program

373.2 Redirect funds from Water Resources and Land Use Planning program to complete maintenance on four Category 1

Dams, ensuring the safety of Georgia residents.

State General Funds

$60,000

$60,000

$60,000

U.S.D.A. Flood Control Watershed Structures

Appropriation (HB1026)

The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

TOTAL STATE FUNDS

$79,694

$79,694

$79,694

State General Funds

$79,694

$79,694

$79,694

TOTAL PUBLIC FUNDS

$79,694

$79,694

$79,694

374. Water Resources and Land Use Planning

Appropriation (HB85)

The purpose is to improve the understanding of water use and to develop plans that improve water management and

efficiency.

TOTAL STATE FUNDS

$1,783,417

$1,783,417

$1,783,417

State General Funds

$1,783,417

$1,783,417

$1,783,417

TOTAL FEDERAL FUNDS

$67,000

$67,000

$67,000

Water Quality Management Planning CFDA66.454

$67,000

$67,000

$67,000

TOTAL PUBLIC FUNDS

$1,850,417

$1,850,417

$1,850,417

Statewide Changes

374.1 WC, GTA, and GBA

State General Funds

$4

$4

$4

Changes in Operations / Administration

374.2 Remove funds for a contract that was completed in FY 2005.

Water Quality Management Planning CFDA66.454

($67,000)

($67,000)

($67,000)

Changes in the Size of the Program

374.3 Redirect state funds to USDA Flood Control Watershed Structures program to complete maintenance on f our

Category 1 Dams, ensuring the safety of Georgia residents.

State General Funds

($60,000)

($60,000)

($60,000)

WEDNESDAY, FEBRUARY 15, 2006

807

Water Resources and Land Use Planning

Appropriation (HB1026)

The purpose is to improve the understanding of water use and to develop plans that improve water management and

efficiency.

TOTAL STATE FUNDS

$1,723,421

$1,723,421

$1,723,421

State General Funds

$1,723,421

$1,723,421

$1,723,421

TOTAL PUBLIC FUNDS

$1,723,421

$1,723,421

$1,723,421

Section 43: Student Finance Commission and Authority, Georgia

Section Total (HB85)

TOTAL STATE FUNDS

$559,488,637 $559,488,637 $559,488,637

Lottery Proceeds

$521,548,450 $521,548,450 $521,548,450

State General Funds

$37,940,187

$37,940,187

$37,940,187

TOTAL FEDERAL FUNDS

$520,653

$520,653

$520,653

Leveraging Educational Assistance Partnership Program

$520,653

$520,653

$520,653

CFDA84.069

TOTAL PUBLIC FUNDS

$560,009,290 $560,009,290 $560,009,290

Final Section Totals

TOTAL STATE FUNDS

$559,588,637 $559,588,637 $559,588,637

Lottery Proceeds

$521,548,450 $521,548,450 $521,548,450

State General Funds

$38,040,187

$38,040,187

$38,040,187

TOTAL FEDERAL FUNDS

$520,653

$520,653

$522,134

Leveraging Educational Assistance Partnership Program

$520,653

$520,653

$522,134

CFDA84.069

TOTAL AGENCY FUNDS

$3,265,195

Reserved Fund Balances

$3,265,195

TOTAL PUBLIC FUNDS

$560,109,290 $560,109,290 $563,375,966

375. Accel

Appropriation (HB85)

The purpose is to allow students to pursue post-secondary study at approved public and private post-secondary institutions,

while receiving dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS

$6,000,000

$6,000,000

$6,000,000

Lottery Proceeds

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$6,000,000

$6,000,000

$6,000,000

808

JOURNAL OF THE SENATE

Accel

Appropriation (HB1026)

The purpose is to allow students to pursue post-secondary study at approved public and private post-secondary institutions,

while receiving dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS

$6,000,000

$6,000,000

$6,000,000

Lottery Proceeds

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$6,000,000

$6,000,000

$6,000,000

376. Engineer Scholarship

Appropriation (HB85)

The purpose is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon

campus) and retain those students as engineers in the State.

TOTAL STATE FUNDS

$760,000

$760,000

$760,000

Lottery Proceeds

$760,000

$760,000

$760,000

TOTAL PUBLIC FUNDS

$760,000

$760,000

$760,000

Engineer Scholarship

Appropriation (HB1026)

The purpose is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon

campus) and retain those students as engineers in the State.

TOTAL STATE FUNDS

$760,000

$760,000

$760,000

Lottery Proceeds

$760,000

$760,000

$760,000

TOTAL PUBLIC FUNDS

$760,000

$760,000

$760,000

377. Georgia Military College Scholarship

Appropriation (HB85)

The purpose is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby

strengthening Georgia's National Guard with their membership.

TOTAL STATE FUNDS

$770,477

$770,477

$770,477

Lottery Proceeds

$770,477

$770,477

$770,477

TOTAL PUBLIC FUNDS

$770,477

$770,477

$770,477

Georgia Military College Scholarship

Appropriation (HB1026)

The purpose is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby

strengthening Georgia's National Guard with their membership.

TOTAL STATE FUNDS

$770,477

$770,477

$770,477

Lottery Proceeds

$770,477

$770,477

$770,477

TOTAL PUBLIC FUNDS

$770,477

$770,477

$770,477

WEDNESDAY, FEBRUARY 15, 2006

809

378. Governor's Scholarship Program

Appropriation (HB85)

The purpose is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class

by providing a scholarship to attend an eligible post-secondary institution in Georgia.

TOTAL STATE FUNDS

$2,329,200

$2,329,200

$2,329,200

State General Funds

$2,329,200

$2,329,200

$2,329,200

TOTAL PUBLIC FUNDS

$2,329,200

$2,329,200

$2,329,200

Governor's Scholarship Program

Appropriation (HB1026)

The purpose is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class

by providing a scholarship to attend an eligible post-secondary institution in Georgia.

TOTAL STATE FUNDS

$2,329,200

$2,329,200

$2,329,200

State General Funds

$2,329,200

$2,329,200

$2,329,200

TOTAL PUBLIC FUNDS

$2,329,200

$2,329,200

$2,329,200

379. Guaranteed Educational Loans

Appropriation (HB85)

The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing,

physical therapy and pharmacy.

TOTAL STATE FUNDS

$3,799,883

$3,799,883

$3,799,883

State General Funds

$3,799,883

$3,799,883

$3,799,883

TOTAL PUBLIC FUNDS

$3,799,883

$3,799,883

$3,799,883

Guaranteed Educational Loans

Appropriation (HB1026)

The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing,

physical therapy and pharmacy.

TOTAL STATE FUNDS

$3,799,883

$3,799,883

$3,799,883

State General Funds

$3,799,883

$3,799,883

$3,799,883

TOTAL PUBLIC FUNDS

$3,799,883

$3,799,883

$3,799,883

Changes in What Services are Offered

380.1 Provide funds for 50 scholarships at $2,000 per award.

State General Funds

$100,000

$100,000

$100,000

HERO Scholarship

Appropriation (HB1026)

The purpose is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military

Reservists who served in combat zones and the children of such members.

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

810

JOURNAL OF THE SENATE

State General Funds

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

$100,000

381. HOPE Administration

Appropriation (HB85)

The purpose is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate

programs at eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS

$5,111,697

$5,111,697

$5,111,697

Lottery Proceeds

$5,111,697

$5,111,697

$5,111,697

TOTAL PUBLIC FUNDS

$5,111,697

$5,111,697

$5,111,697

Statewide Changes

381.1 WC, GTA, and GBA

Lottery Proceeds

$0

$0

$0

Changes in How the Program is Funded

381.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect current operations.

Agency Funds Prior Year

$1,000,000

HOPE Administration

Appropriation (HB1026)

The purpose is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate

programs at eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS

$5,111,697

$5,111,697

$5,111,697

Lottery Proceeds

$5,111,697

$5,111,697

$5,111,697

TOTAL AGENCY FUNDS

$1,000,000

Reserved Fund Balances

$1,000,000

Agency Funds Prior Year

$1,000,000

TOTAL PUBLIC FUNDS

$5,111,697

$5,111,697

$6,111,697

382. HOPE GED

Appropriation (HB85)

The purpose is to award a $500 voucher once to each student receiving a general educational development diploma

awarded by the Georgia Department of Technical and Adult Education.

TOTAL STATE FUNDS

$2,840,694

$2,840,694

$2,840,694

Lottery Proceeds

$2,840,694

$2,840,694

$2,840,694

TOTAL PUBLIC FUNDS

$2,840,694

$2,840,694

$2,840,694

HOPE GED

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

811

The purpose is to award a $500 voucher once to each student receiving a general educational development diploma

awarded by the Georgia Department of Technical and Adult Education.

TOTAL STATE FUNDS

$2,840,694

$2,840,694

$2,840,694

Lottery Proceeds

$2,840,694

$2,840,694

$2,840,694

TOTAL PUBLIC FUNDS

$2,840,694

$2,840,694

$2,840,694

383. HOPE Grant

Appropriation (HB85)

The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS

$122,784,173 $122,784,173 $122,784,173

Lottery Proceeds

$122,784,173 $122,784,173 $122,784,173

TOTAL PUBLIC FUNDS

$122,784,173 $122,784,173 $122,784,173

HOPE Grant

Appropriation (HB1026)

The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS

$122,784,173 $122,784,173 $122,784,173

Lottery Proceeds

$122,784,173 $122,784,173 $122,784,173

TOTAL PUBLIC FUNDS

$122,784,173 $122,784,173 $122,784,173

384. HOPE Scholarships - Private Schools

Appropriation (HB85)

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private

post-secondary institution.

TOTAL STATE FUNDS

$45,751,850

$45,751,850

$45,751,850

Lottery Proceeds

$45,751,850

$45,751,850

$45,751,850

TOTAL PUBLIC FUNDS

$45,751,850

$45,751,850

$45,751,850

HOPE Scholarships - Private Schools

Appropriation (HB1026)

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private

post-secondary institution.

TOTAL STATE FUNDS

$45,751,850

$45,751,850

$45,751,850

Lottery Proceeds

$45,751,850

$45,751,850

$45,751,850

TOTAL PUBLIC FUNDS

$45,751,850

$45,751,850

$45,751,850

385. HOPE Scholarships - Public Schools

Appropriation (HB85)

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public

post-secondary institution.

TOTAL STATE FUNDS

$326,011,143 $326,011,143 $326,011,143

812

JOURNAL OF THE SENATE

Lottery Proceeds

$326,011,143 $326,011,143 $326,011,143

TOTAL PUBLIC FUNDS

$326,011,143 $326,011,143 $326,011,143

HOPE Scholarships - Public Schools

Appropriation (HB1026)

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public

post-secondary institution.

TOTAL STATE FUNDS

$326,011,143 $326,011,143 $326,011,143

Lottery Proceeds

$326,011,143 $326,011,143 $326,011,143

TOTAL PUBLIC FUNDS

$326,011,143 $326,011,143 $326,011,143

386. Law Enforcement Dependents Grant

Appropriation (HB85)

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and

prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public post

secondary institution in Georgia.

TOTAL STATE FUNDS

$50,911

$50,911

$50,911

State General Funds

$50,911

$50,911

$50,911

TOTAL PUBLIC FUNDS

$50,911

$50,911

$50,911

Law Enforcement Dependents Grant

Appropriation (HB1026)

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and

prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public post

secondary institution in Georgia.

TOTAL STATE FUNDS

$50,911

$50,911

$50,911

State General Funds

$50,911

$50,911

$50,911

TOTAL PUBLIC FUNDS

$50,911

$50,911

$50,911

387. Leveraging Educational Assistance Partnership Program

Appropriation (HB85)

The purpose is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need

to attend eligible post-secondary institutions in Georgia.

TOTAL STATE FUNDS

$966,757

$966,757

$966,757

State General Funds

$966,757

$966,757

$966,757

TOTAL FEDERAL FUNDS

$520,653

$520,653

$520,653

Leveraging Educational Assistance Partnership Program

$520,653

$520,653

$520,653

CFDA84.069

TOTAL PUBLIC FUNDS

$1,487,410

$1,487,410

$1,487,410

WEDNESDAY, FEBRUARY 15, 2006

813

Changes in the Size of the Program

387.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand.

Leveraging Educational Assistance Partnership Program

$1,481

CFDA84.069

Leveraging Educational Assistance Partnership Program

Appropriation (HB1026)

The purpose is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need

to attend eligible post-secondary institutions in Georgia.

TOTAL STATE FUNDS

$966,757

$966,757

$966,757

State General Funds

$966,757

$966,757

$966,757

TOTAL FEDERAL FUNDS

$520,653

$520,653

$522,134

Leveraging Educational Assistance Partnership Program

$520,653

$520,653

$522,134

CFDA84.069

TOTAL PUBLIC FUNDS

$1,487,410

$1,487,410

$1,488,891

388. North Georgia Military Scholarship Grants

Appropriation (HB85)

The purpose is to provide outstanding students with a full scholarship to attend North Georgia College and State

University, thereby strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS

$683,951

$683,951

$683,951

State General Funds

$683,951

$683,951

$683,951

TOTAL PUBLIC FUNDS

$683,951

$683,951

$683,951

Changes in the Size of the Program

388.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand.

Agency Funds Prior Year

$774,397

North Georgia Military Scholarship Grants

Appropriation (HB1026)

The purpose is to provide outstanding students with a full scholarship to attend North Georgia College and State

University, thereby strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS

$683,951

$683,951

$683,951

State General Funds

$683,951

$683,951

$683,951

TOTAL AGENCY FUNDS

$774,397

Reserved Fund Balances

$774,397

Agency Funds Prior Year

$774,397

TOTAL PUBLIC FUNDS

$683,951

$683,951

$1,458,348

814

JOURNAL OF THE SENATE

389. North Georgia ROTC Grants

Appropriation (HB85)

The purpose is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and

State University and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS

$432,479

$432,479

$432,479

State General Funds

$432,479

$432,479

$432,479

TOTAL PUBLIC FUNDS

$432,479

$432,479

$432,479

North Georgia ROTC Grants

Appropriation (HB1026)

The purpose is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and

State University and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS

$432,479

$432,479

$432,479

State General Funds

$432,479

$432,479

$432,479

TOTAL PUBLIC FUNDS

$432,479

$432,479

$432,479

390. Promise Scholarship

Appropriation (HB85)

The purpose is to provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia

public schools.

TOTAL STATE FUNDS

$5,855,278

$5,855,278

$5,855,278

Lottery Proceeds

$5,855,278

$5,855,278

$5,855,278

TOTAL PUBLIC FUNDS

$5,855,278

$5,855,278

$5,855,278

Promise Scholarship

Appropriation (HB1026)

The purpose is to provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia

public schools.

TOTAL STATE FUNDS

$5,855,278

$5,855,278

$5,855,278

Lottery Proceeds

$5,855,278

$5,855,278

$5,855,278

TOTAL PUBLIC FUNDS

$5,855,278

$5,855,278

$5,855,278

391. Promise II Scholarship

Appropriation (HB85)

The purpose is to assist paraprofessionals and instructional aides who worked in Georgia public schools throughout the

1999-2000 school year, by providing funds to assist with their educational expenses in the form of a service-obligation

scholarship.

TOTAL STATE FUNDS

$74,590

$74,590

$74,590

Lottery Proceeds

$74,590

$74,590

$74,590

TOTAL PUBLIC FUNDS

$74,590

$74,590

$74,590

WEDNESDAY, FEBRUARY 15, 2006

815

Promise II Scholarship

Appropriation (HB1026)

The purpose is to assist paraprofessionals and instructional aides who worked in Georgia public schools throughout the

1999-2000 school year, by providing funds to assist with their educational expenses in the form of a service-obligation

scholarship.

TOTAL STATE FUNDS

$74,590

$74,590

$74,590

Lottery Proceeds

$74,590

$74,590

$74,590

TOTAL PUBLIC FUNDS

$74,590

$74,590

$74,590

392. Public Memorial Safety Grant

Appropriation (HB85)

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters,

EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a

public post-secondary institution in the State of Georgia.

TOTAL STATE FUNDS

$255,850

$255,850

$255,850

Lottery Proceeds

$255,850

$255,850

$255,850

TOTAL PUBLIC FUNDS

$255,850

$255,850

$255,850

Public Memorial Safety Grant

Appropriation (HB1026)

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters,

EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a

public post-secondary institution in the State of Georgia.

TOTAL STATE FUNDS

$255,850

$255,850

$255,850

Lottery Proceeds

$255,850

$255,850

$255,850

TOTAL PUBLIC FUNDS

$255,850

$255,850

$255,850

393. Teacher Scholarship

Appropriation (HB85)

The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of

study.

TOTAL STATE FUNDS

$5,332,698

$5,332,698

$5,332,698

Lottery Proceeds

$5,332,698

$5,332,698

$5,332,698

TOTAL PUBLIC FUNDS

$5,332,698

$5,332,698

$5,332,698

Teacher Scholarship

Appropriation (HB1026)

The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of

study.

TOTAL STATE FUNDS

$5,332,698

$5,332,698

$5,332,698

816

JOURNAL OF THE SENATE

Lottery Proceeds

$5,332,698

$5,332,698

$5,332,698

TOTAL PUBLIC FUNDS

$5,332,698

$5,332,698

$5,332,698

394. Tuition Equalization Grants

Appropriation (HB85)

The purpose is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to

Georgia residents who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$29,031,802

$29,031,802

$29,031,802

State General Funds

$29,031,802

$29,031,802

$29,031,802

TOTAL PUBLIC FUNDS

$29,031,802

$29,031,802

$29,031,802

Changes in the Size of the Program

394.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand.

Agency Funds Prior Year

$1,490,798

Tuition Equalization Grants

Appropriation (HB1026)

The purpose is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to

Georgia residents who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$29,031,802

$29,031,802

$29,031,802

State General Funds

$29,031,802

$29,031,802

$29,031,802

TOTAL AGENCY FUNDS

$1,490,798

Reserved Fund Balances

$1,490,798

Agency Funds Prior Year

$1,490,798

TOTAL PUBLIC FUNDS

$29,031,802

$29,031,802

$30,522,600

395. Nonpublic Postsecondary Education Commission

Appropriation (HB85)

The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended

schools that closed; resolve complaints.

TOTAL STATE FUNDS

$645,204

$645,204

$645,204

State General Funds

$645,204

$645,204

$645,204

TOTAL PUBLIC FUNDS

$645,204

$645,204

$645,204

Statewide Changes

395.1 WC, GTA, and GBA

State General Funds

$0

$0

$0

Nonpublic Postsecondary Education Commission

Appropriation (HB1026)

WEDNESDAY, FEBRUARY 15, 2006

817

The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended

schools that closed; resolve complaints.

TOTAL STATE FUNDS

$645,204

$645,204

$645,204

State General Funds

$645,204

$645,204

$645,204

TOTAL PUBLIC FUNDS

$645,204

$645,204

$645,204

Section 44: Teachers' Retirement System

Section Total (HB85)

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,762,451

$22,762,451

$22,762,451

TOTAL PUBLIC FUNDS

$24,742,451

$24,742,451

$24,742,451

Final Section Totals

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,768,470

$22,768,470

$22,768,470

TOTAL PUBLIC FUNDS

$24,748,470

$24,748,470

$24,748,470

396. Floor/COLA, Local System Fund

Appropriation (HB85)

The purpose is to provide retirees from local retirement systems a minimum allowance upon retirement and a post-

retirement benefit adjustment whenever such adjustment is granted to teachers who retired under the Teacher's Retirement

System.

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

TOTAL PUBLIC FUNDS

$1,980,000

$1,980,000

$1,980,000

Floor/COLA, Local System Fund

Appropriation (HB1026)

The purpose is to provide retirees from local retirement systems a minimum allowance upon retirement and a post-

retirement benefit adjustment whenever such adjustment is granted to teachers who retired under the Teacher's Retirement

System.

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

TOTAL PUBLIC FUNDS

$1,980,000

$1,980,000

$1,980,000

818

JOURNAL OF THE SENATE

397. System Administration

Appropriation (HB85)

The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and

new retirement processing.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,762,451

$22,762,451

$22,762,451

Retirement Payments

$22,762,451

$22,762,451

$22,762,451

TOTAL PUBLIC FUNDS

$22,762,451

$22,762,451

$22,762,451

Statewide Changes

397.1 WC, GTA, and GBA

Retirement Payments

$6,019

$6,019

$6,019

System Administration

Appropriation (HB1026)

The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and

new retirement processing.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,768,470

$22,768,470

$22,768,470

Retirement Payments

$22,768,470

$22,768,470

$22,768,470

TOTAL PUBLIC FUNDS

$22,768,470

$22,768,470

$22,768,470

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not

exceed 9.24% for S.F.Y. 2005.

Section 45: Technical Education, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$320,577,801 $320,577,801 $320,577,801

State General Funds

$320,577,801 $320,577,801 $320,577,801

TOTAL FEDERAL FUNDS

$27,114,459

$27,114,459

$27,114,459

Adult Education State Grant Program CFDA84.002

$7,021,333

$7,021,333

$7,021,333

Temporary Assistance for Needy Families

$7,300,000

$7,300,000

$7,300,000

Vocational Education Basic Grants CFDA84.048

$12,793,126

$12,793,126

$12,793,126

TOTAL AGENCY FUNDS

$55,932,658

$55,932,658

$55,932,658

Sales and Services

$55,932,658

$55,932,658

$55,932,658

TOTAL PUBLIC FUNDS

$403,624,918 $403,624,918 $403,624,918

Final Section Totals

TOTAL STATE FUNDS

$329,429,858 $329,539,223 $329,481,858

State General Funds

$329,429,858 $329,539,223 $329,481,858

WEDNESDAY, FEBRUARY 15, 2006

819

TOTAL FEDERAL FUNDS

$27,114,459

$27,114,459

$27,114,459

Adult Education State Grant Program CFDA84.002

$7,021,333

$7,021,333

$7,021,333

Temporary Assistance for Needy Families

$7,300,000

$7,300,000

$7,300,000

Vocational Education Basic Grants CFDA84.048

$12,793,126

$12,793,126

$12,793,126

TOTAL AGENCY FUNDS

$55,932,658

$55,932,658

$55,932,658

Sales and Services

$55,932,658

$55,932,658

$55,932,658

TOTAL PUBLIC FUNDS

$412,476,975 $412,586,340 $412,528,975

398. Adult Literacy

Appropriation (HB85)

The purpose is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing,

computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and

exercise full citizenship.

TOTAL STATE FUNDS

$11,853,450

$11,853,450

$11,853,450

State General Funds

$11,853,450

$11,853,450

$11,853,450

TOTAL FEDERAL FUNDS

$10,021,333

$10,021,333

$10,021,333

Adult Education State Grant Program CFDA84.002

$7,021,333

$7,021,333

$7,021,333

Temporary Assistance for Needy Families

$3,000,000

$3,000,000

$3,000,000

Temporary Assistance for Needy Families Block Grant CFDA

$3,000,000

$3,000,000

$3,000,000

93.558

TOTAL AGENCY FUNDS

$1,121,886

$1,121,886

$1,121,886

Sales and Services

$1,121,886

$1,121,886

$1,121,886

General Educational Development Fees

$1,121,886

$1,121,886

$1,121,886

TOTAL PUBLIC FUNDS

$22,996,669

$22,996,669

$22,996,669

Changes in Operations / Administration

398.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$159,014

$159,014

$159,014

Changes in the Size of the Program

398.2 Transfer funds to the Administration program.

State General Funds

($649,197)

($649,197)

($649,197)

Adult Education State Grant Program CFDA84.002

($351,807)

($351,807)

($351,807)

TOTAL PUBLIC FUNDS

($1,001,004)

($1,001,004)

($1,001,004)

820

JOURNAL OF THE SENATE

Adult Literacy

Appropriation (HB1026)

The purpose is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing,

computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and

exercise full citizenship.

TOTAL STATE FUNDS

$11,363,267

$11,363,267

$11,363,267

State General Funds

$11,363,267

$11,363,267

$11,363,267

TOTAL FEDERAL FUNDS

$9,669,526

$9,669,526

$9,669,526

Adult Education State Grant Program CFDA84.002

$6,669,526

$6,669,526

$6,669,526

Temporary Assistance for Needy Families

$3,000,000

$3,000,000

$3,000,000

Temporary Assistance for Needy Families Block Grant CFDA

$3,000,000

$3,000,000

$3,000,000

93.558

TOTAL AGENCY FUNDS

$1,121,886

$1,121,886

$1,121,886

Sales and Services

$1,121,886

$1,121,886

$1,121,886

General Educational Development Fees

$1,121,886

$1,121,886

$1,121,886

TOTAL PUBLIC FUNDS

$22,154,679

$22,154,679

$22,154,679

399. Departmental Administration

Appropriation (HB85)

The purpose is to contribute to the economic, educational, and community development of Georgia by providing quality

technical education, adult literacy education, continuing education, and customized business and industry workforce

training to the citizens of Georgia.

TOTAL STATE FUNDS

$4,728,848

$4,728,848

$4,728,848

State General Funds

$4,728,848

$4,728,848

$4,728,848

TOTAL FEDERAL FUNDS

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families Block Grant CFDA

$800,000

$800,000

$800,000

93.558

TOTAL PUBLIC FUNDS

$5,528,848

$5,528,848

$5,528,848

Statewide Changes

399.1 WC, GTA, and GBA

State General Funds

$6,851

$6,851

$6,851

Changes in Operations / Administration

399.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

WEDNESDAY, FEBRUARY 15, 2006

821

State General Funds

$414,434

$414,434

$414,434

Changes in the Size of the Program

399.2 Transfer from Adult Literacy and Technical Education.

State General Funds

$3,840,176

$3,840,176

$3,840,176

Adult Education State Grant Program CFDA84.002

$351,807

$351,807

$351,807

Vocational Education Basic Grants CFDA84.048

$1,707,981

$1,707,981

$1,707,981

TOTAL PUBLIC FUNDS

$5,899,964

$5,899,964

$5,899,964

Departmental Administration

Appropriation (HB1026)

The purpose is to contribute to the economic, educational, and community development of Georgia by providing quality

technical education, adult literacy education, continuing education, and customized business and industry workforce

training to the citizens of Georgia.

TOTAL STATE FUNDS

$8,990,309

$8,990,309

$8,990,309

State General Funds

$8,990,309

$8,990,309

$8,990,309

TOTAL FEDERAL FUNDS

$2,859,788

$2,859,788

$2,859,788

Adult Education State Grant Program CFDA84.002

$351,807

$351,807

$351,807

Temporary Assistance for Needy Families

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families Block Grant CFDA

$800,000

$800,000

$800,000

93.558

Vocational Education Basic Grants CFDA84.048

$1,707,981

$1,707,981

$1,707,981

TOTAL PUBLIC FUNDS

$11,850,097

$11,850,097

$11,850,097

400. Quick Start and Customized Services

Appropriation (HB85)

The purpose is to provide a number of programs and services designed to assist businesses and industries with their

training needs.

TOTAL STATE FUNDS

$11,889,779

$11,889,779

$11,889,779

State General Funds

$11,889,779

$11,889,779

$11,889,779

TOTAL PUBLIC FUNDS

$11,889,779

$11,889,779

$11,889,779

Changes in Operations / Administration

400.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$372,280

$372,280

$372,280

Quick Start and Customized Services

Appropriation (HB1026)

822

JOURNAL OF THE SENATE

The purpose is to provide a number of programs and services designed to assist businesses and industries with their

training needs.

TOTAL STATE FUNDS

$12,262,059

$12,262,059

$12,262,059

State General Funds

$12,262,059

$12,262,059

$12,262,059

TOTAL PUBLIC FUNDS

$12,262,059

$12,262,059

$12,262,059

401. Technical Education

Appropriation (HB85)

The purpose is to provide quality technical education and special workforce services. The primary role is to ensure that all

programs and services excel in meeting the individual's need for career success and the community's need for continued

economic growth and development.

TOTAL STATE FUNDS

$292,105,724 $292,105,724 $292,105,724

State General Funds

$292,105,724 $292,105,724 $292,105,724

TOTAL FEDERAL FUNDS

$16,293,126

$16,293,126

$16,293,126

Temporary Assistance for Needy Families

$3,500,000

$3,500,000

$3,500,000

Temporary Assistance for Needy Families Block Grant CFDA

$3,500,000

$3,500,000

$3,500,000

93.558

Vocational Education Basic Grants CFDA84.048

$12,793,126

$12,793,126

$12,793,126

TOTAL AGENCY FUNDS

$54,810,772

$54,810,772

$54,810,772

Sales and Services

$54,810,772

$54,810,772

$54,810,772

Sales and Services Not Itemized

$1,947,548

$1,947,548

$1,947,548

Tuition and Fees for Higher Education

$52,863,224

$52,863,224

$52,863,224

TOTAL PUBLIC FUNDS

$363,209,622 $363,209,622 $363,209,622

Statewide Changes

401.1 WC, GTA, and GBA

State General Funds

$209,290

$209,290

$209,290

Changes in Operations / Administration

401.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$7,690,188

$7,690,188

$7,690,188

Changes in What Services are Offered

401.4 Provide start-up funding for a pest control certification testing program at Athens Technical College.

State General Funds

$109,365

$52,000

Changes in the Size of the Program

WEDNESDAY, FEBRUARY 15, 2006

823

401.2 Transfer funds to the Administration program.

State General Funds

($3,190,979)

($3,190,979)

($3,190,979)

Vocational Education Basic Grants CFDA84.048

($1,707,981)

($1,707,981)

($1,707,981)

TOTAL PUBLIC FUNDS

($4,898,960)

($4,898,960)

($4,898,960)

Technical Education

Appropriation (HB1026)

The purpose is to provide quality technical education and special workforce services. The primary role is to ensure that all

programs and services excel in meeting the individual's need for career success and the community's need for continued

economic growth and development.

TOTAL STATE FUNDS

$296,814,223 $296,923,588 $296,866,223

State General Funds

$296,814,223 $296,923,588 $296,866,223

TOTAL FEDERAL FUNDS

$14,585,145

$14,585,145

$14,585,145

Temporary Assistance for Needy Families

$3,500,000

$3,500,000

$3,500,000

Temporary Assistance for Needy Families Block Grant CFDA

$3,500,000

$3,500,000

$3,500,000

93.558

Vocational Education Basic Grants CFDA84.048

$11,085,145

$11,085,145

$11,085,145

TOTAL AGENCY FUNDS

$54,810,772

$54,810,772

$54,810,772

Sales and Services

$54,810,772

$54,810,772

$54,810,772

Sales and Services Not Itemized

$1,947,548

$1,947,548

$1,947,548

Tuition and Fees for Higher Education

$52,863,224

$52,863,224

$52,863,224

TOTAL PUBLIC FUNDS

$366,210,140 $366,319,505 $366,262,140

Section 46: Transportation, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$619,016,368 $619,016,368 $619,016,368

State Motor Fuel Taxes

$604,380,000 $604,380,000 $604,380,000

State General Funds

$14,636,368

$14,636,368

$14,636,368

TOTAL FEDERAL FUNDS

$1,118,858,431 $1,118,858,431 $1,118,858,431

Airport Improvement Program CFDA20.106

$6,000,000

$6,000,000

$6,000,000

Federal Highway Administration Planning & Construction

$742,116,038 $742,116,038 $742,116,038

CFDA20.205

Federal Transit Administration Capital Investment Grants

$357,883,962 $357,883,962 $357,883,962

CFDA20.500

Federal Transit Formula Grants CFDA20.507

$12,858,431

$12,858,431

$12,858,431

824

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$30,516,747

$30,516,747

$30,516,747

Reserved Fund Balances

$21,717,277

$21,717,277

$21,717,277

Intergovernmental Transfers

$760,233

$760,233

$760,233

Sales and Services

$8,039,237

$8,039,237

$8,039,237

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$1,769,049,341 $1,769,049,341 $1,769,049,341

Final Section Totals

TOTAL STATE FUNDS

$673,196,606 $673,196,606 $673,196,606

State Motor Fuel Taxes

$658,555,019 $658,555,019 $658,555,019

State General Funds

$14,641,587

$14,641,587

$14,641,587

TOTAL FEDERAL FUNDS

$1,118,858,431 $1,118,858,431 $1,118,858,431

Airport Improvement Program CFDA20.106

$6,000,000

$6,000,000

$6,000,000

Federal Highway Administration Planning & Construction

$742,002,072 $742,002,072 $742,002,072

CFDA20.205

Federal Transit Administration Capital Investment Grants

$357,997,928 $357,997,928 $357,997,928

CFDA20.500

Federal Transit Formula Grants CFDA20.507

$12,858,431

$12,858,431

$12,858,431

TOTAL AGENCY FUNDS

$30,516,747

$30,516,747

$30,516,747

Reserved Fund Balances

$21,799,287

$21,799,287

$21,799,287

Intergovernmental Transfers

$760,233

$760,233

$760,233

Sales and Services

$7,957,227

$7,957,227

$7,957,227

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$1,823,229,579 $1,823,229,579 $1,823,229,579

402. Air Transportation

Appropriation (HB85)

The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting

aerial photography flights.

TOTAL STATE FUNDS

$1,354,828

$1,354,828

$1,354,828

State General Funds

$1,354,828

$1,354,828

$1,354,828

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

Air Transportation Charges

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$2,012,623

$2,012,623

$2,012,623

WEDNESDAY, FEBRUARY 15, 2006

825

Statewide Changes

402.1 WC, GTA, and GBA

State General Funds

$1,831

$1,831

$1,831

Changes in the Size of the Program

402.2 Transfer to the Transit program to cover the retirement cost of two employees.

State General Funds

($7,726)

($7,726)

($7,726)

Air Transportation

Appropriation (HB1026)

The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting

aerial photography flights.

TOTAL STATE FUNDS

$1,348,933

$1,348,933

$1,348,933

State General Funds

$1,348,933

$1,348,933

$1,348,933

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

Air Transportation Charges

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$2,006,728

$2,006,728

$2,006,728

403. Airport Aid

Appropriation (HB85)

The purpose is to support statewide economic development by providing the infrastructure for a safe, efficient, and

adequate air transportation system and to award grants from the Airport Fund.

TOTAL STATE FUNDS

$5,459,409

$5,459,409

$5,459,409

State General Funds

$5,459,409

$5,459,409

$5,459,409

TOTAL FEDERAL FUNDS

$6,000,000

$6,000,000

$6,000,000

Airport Improvement Program CFDA20.106

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$11,459,409

$11,459,409

$11,459,409

Statewide Changes

403.1 WC, GTA, and GBA

State General Funds

$366

$366

$366

Changes in the Size of the Program

403.2 Realign funds to the Transit program to meet projected expenditures.

State General Funds

($63,620)

($63,620)

($63,620)

403.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department

operations.

State General Funds

($5,701)

($5,701)

($5,701)

826

JOURNAL OF THE SENATE

Airport Aid

Appropriation (HB1026)

The purpose is to support statewide economic development by providing the infrastructure for a safe, efficient, and

adequate air transportation system and to award grants from the Airport Fund.

TOTAL STATE FUNDS

$5,390,454

$5,390,454

$5,390,454

State General Funds

$5,390,454

$5,390,454

$5,390,454

TOTAL FEDERAL FUNDS

$6,000,000

$6,000,000

$6,000,000

Airport Improvement Program CFDA20.106

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$11,390,454

$11,390,454

$11,390,454

404. Data Collection, Compliance and Reporting

Appropriation (HB85)

The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe

that meets the needs of the state's business partners.

TOTAL STATE FUNDS

$2,396,794

$2,396,794

$2,396,794

State Motor Fuel Taxes

$1,581,031

$1,581,031

$1,581,031

State General Funds

$815,763

$815,763

$815,763

TOTAL FEDERAL FUNDS

$3,784,538

$3,784,538

$3,784,538

Federal Highway Administration Planning & Construction

$3,784,538

$3,784,538

$3,784,538

CFDA20.205

TOTAL AGENCY FUNDS

$115,101

$115,101

$115,101

Reserved Fund Balances

$52,844

$52,844

$52,844

Motor Fuel Prior Year Funds

$52,844

$52,844

$52,844

Sales and Services

$62,257

$62,257

$62,257

Sales and Services Not Itemized

$62,257

$62,257

$62,257

TOTAL PUBLIC FUNDS

$6,296,433

$6,296,433

$6,296,433

Statewide Changes

404.1 WC, GTA, and GBA

State General Funds

$1,373

$1,373

$1,373

Changes in the Size of the Program

404.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to

reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

State Motor Fuel Taxes

$47,047

$47,047

$47,047

WEDNESDAY, FEBRUARY 15, 2006

827

Federal Highway Administration Planning & Construction

$113,966

$113,966

$113,966

CFDA20.205

TOTAL PUBLIC FUNDS

$161,013

$161,013

$161,013

404.3 Realign funds from State Highway System Construction and Improvement and State Highway System Maintenance to

meet projected expenditures.

State Motor Fuel Taxes

$342,247

$342,247

$342,247

Federal Highway Administration Planning & Construction

($113,966)

($113,966)

($113,966)

CFDA20.205

TOTAL PUBLIC FUNDS

$228,281

$228,281

$228,281

Data Collection, Compliance and Reporting

Appropriation (HB1026)

The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe

that meets the needs of the state's business partners.

TOTAL STATE FUNDS

$2,787,461

$2,787,461

$2,787,461

State Motor Fuel Taxes

$1,970,325

$1,970,325

$1,970,325

State General Funds

$817,136

$817,136

$817,136

TOTAL FEDERAL FUNDS

$3,784,538

$3,784,538

$3,784,538

Federal Highway Administration Planning & Construction

$3,784,538

$3,784,538

$3,784,538

CFDA20.205

TOTAL AGENCY FUNDS

$115,101

$115,101

$115,101

Reserved Fund Balances

$52,844

$52,844

$52,844

Motor Fuel Prior Year Funds

$52,844

$52,844

$52,844

Sales and Services

$62,257

$62,257

$62,257

Sales and Services Not Itemized

$62,257

$62,257

$62,257

TOTAL PUBLIC FUNDS

$6,687,100

$6,687,100

$6,687,100

405. Departmental Administration

Appropriation (HB85)

The purpose is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial

support for other modes of transportation such as mass transit and airports; provide airport and air safety planning; and

provide air travel to state departments.

TOTAL STATE FUNDS

$41,568,294

$41,568,294

$41,568,294

State Motor Fuel Taxes

$41,468,294

$41,468,294

$41,468,294

828

JOURNAL OF THE SENATE

State General Funds

$100,000

$100,000

$100,000

TOTAL FEDERAL FUNDS

$9,533,343

$9,533,343

$9,533,343

Federal Transit Administration Capital Investment Grants

$9,533,343

$9,533,343

$9,533,343

CFDA20.500

TOTAL AGENCY FUNDS

$2,304,236

$2,304,236

$2,304,236

Reserved Fund Balances

$1,405,266

$1,405,266

$1,405,266

Motor Fuel Prior Year Funds

$1,405,266

$1,405,266

$1,405,266

Sales and Services

$898,970

$898,970

$898,970

Sales and Services Not Itemized

$898,970

$898,970

$898,970

TOTAL PUBLIC FUNDS

$53,405,873

$53,405,873

$53,405,873

Statewide Changes

405.1 WC, GTA, and GBA

State General Funds

$550

$550

$550

Changes in How the Program is Funded

405.2 Transfer funds to the Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System

Operations programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB

85.

State Motor Fuel Taxes

($179,495)

($179,495)

($179,495)

Federal Transit Administration Capital Investment Grants

($221,388)

($221,388)

($221,388)

CFDA20.500

Motor Fuel Prior Year Funds

($12,185)

($12,185)

($12,185)

Sales and Services Not Itemized

($82,010)

($82,010)

($82,010)

TOTAL PUBLIC FUNDS

($495,078)

($495,078)

($495,078)

405.3 Realign funds from State Highway System Construction and Improvement and State Highway System Maintenance to

meet projected expenditures.

State Motor Fuel Taxes

$179,495

$179,495

$179,495

Federal Transit Administration Capital Investment Grants

$221,388

$221,388

$221,388

CFDA20.500

Motor Fuel Prior Year Funds

$94,195

$94,195

$94,195

TOTAL PUBLIC FUNDS

$495,078

$495,078

$495,078

Changes in the Size of the Program

WEDNESDAY, FEBRUARY 15, 2006

829

405.4 Realign funds to the Transit program to meet projected expenditures.

State Motor Fuel Taxes

$14,461,507

$14,461,507

$14,461,507

State General Funds

($1,553)

($1,553)

($1,553)

TOTAL PUBLIC FUNDS

$14,459,954

$14,459,954

$14,459,954

405.5 Transfer funds from the Airport Aid, Ports and Waterways, Rail and Transit programs to consolidate administrative

functions in accordance with department operations.

State General Funds

$478,394

$478,394

$478,394

Departmental Administration

Appropriation (HB1026)

The purpose is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial

support for other modes of transportation such as mass transit and airports; provide airport and air safety planning; and

provide air travel to state departments.

TOTAL STATE FUNDS

$56,507,192

$56,507,192

$56,507,192

State Motor Fuel Taxes

$55,929,801

$55,929,801

$55,929,801

State General Funds

$577,391

$577,391

$577,391

TOTAL FEDERAL FUNDS

$9,533,343

$9,533,343

$9,533,343

Federal Transit Administration Capital Investment Grants

$9,533,343

$9,533,343

$9,533,343

CFDA20.500

TOTAL AGENCY FUNDS

$2,304,236

$2,304,236

$2,304,236

Reserved Fund Balances

$1,487,276

$1,487,276

$1,487,276

Motor Fuel Prior Year Funds

$1,487,276

$1,487,276

$1,487,276

Sales and Services

$816,960

$816,960

$816,960

Sales and Services Not Itemized

$816,960

$816,960

$816,960

TOTAL PUBLIC FUNDS

$68,344,771

$68,344,771

$68,344,771

406. Local Road Assistance

Appropriation (HB85)

The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge,

and street systems.

TOTAL STATE FUNDS

$88,634,898

$88,634,898

$88,634,898

State Motor Fuel Taxes

$88,634,898

$88,634,898

$88,634,898

TOTAL FEDERAL FUNDS

$67,429,038

$67,429,038

$67,429,038

Federal Highway Administration Planning & Construction

$57,621,265

$57,621,265

$57,621,265

CFDA20.205

830

JOURNAL OF THE SENATE

Federal Transit Administration Capital Investment Grants

$9,807,773

$9,807,773

$9,807,773

CFDA20.500

TOTAL AGENCY FUNDS

$3,584,325

$3,584,325

$3,584,325

Reserved Fund Balances

$2,989,092

$2,989,092

$2,989,092

Motor Fuel Prior Year Funds

$2,989,092

$2,989,092

$2,989,092

Intergovernmental Transfers

$595,233

$595,233

$595,233

Authority/local government payments to state agencies

$595,233

$595,233

$595,233

TOTAL PUBLIC FUNDS

$159,648,261 $159,648,261 $159,648,261

Changes in the Size of the Program

406.1 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP)

from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund

construction/most-needed from $6,583,667 to $23 million.

State Motor Fuel Taxes

$47,287,266

$47,287,266

$47,287,266

406.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to

reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

State Motor Fuel Taxes

$130,024

$130,024

$130,024

Federal Highway Administration Planning & Construction

$50,439

$50,439

$50,439

CFDA20.205

Motor Fuel Prior Year Funds

$94,195

$94,195

$94,195

TOTAL PUBLIC FUNDS

$274,658

$274,658

$274,658

406.3 Realign funds from the State Highway System Construction and Improvement and State Highway System Maintenance

programs to meet projected expenditures.

State Motor Fuel Taxes

$1,763,559

$1,763,559

$1,763,559

Federal Highway Administration Planning & Construction

($50,439)

($50,439)

($50,439)

CFDA20.205

Motor Fuel Prior Year Funds

($94,195)

($94,195)

($94,195)

TOTAL PUBLIC FUNDS

$1,618,925

$1,618,925

$1,618,925

Local Road Assistance

Appropriation (HB1026)

The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge,

and street systems.

TOTAL STATE FUNDS

$137,815,747 $137,815,747 $137,815,747

WEDNESDAY, FEBRUARY 15, 2006

831

State Motor Fuel Taxes

$137,815,747 $137,815,747 $137,815,747

TOTAL FEDERAL FUNDS

$67,429,038

$67,429,038

$67,429,038

Federal Highway Administration Planning & Construction

$57,621,265

$57,621,265

$57,621,265

CFDA20.205

Federal Transit Administration Capital Investment Grants

$9,807,773

$9,807,773

$9,807,773

CFDA20.500

TOTAL AGENCY FUNDS

$3,584,325

$3,584,325

$3,584,325

Reserved Fund Balances

$2,989,092

$2,989,092

$2,989,092

Motor Fuel Prior Year Funds

$2,989,092

$2,989,092

$2,989,092

Intergovernmental Transfers

$595,233

$595,233

$595,233

Authority/local government payments to state agencies

$595,233

$595,233

$595,233

TOTAL PUBLIC FUNDS

$208,829,110 $208,829,110 $208,829,110

407. Ports and Waterways

Appropriation (HB85)

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to

promote international trade.

TOTAL STATE FUNDS

$1,119,230

$1,119,230

$1,119,230

State General Funds

$1,119,230

$1,119,230

$1,119,230

TOTAL PUBLIC FUNDS

$1,119,230

$1,119,230

$1,119,230

Statewide Changes

407.1 WC, GTA, and GBA

State General Funds

$183

$183

$183

Changes in the Size of the Program

407.2 Realign funds from the Administration, Airport Aid, and Rail programs to the Transit program to reflect expenditures.

State General Funds

($55,006)

($55,006)

($55,006)

407.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department

operations.

State General Funds

($19,535)

($19,535)

($19,535)

Ports and Waterways

Appropriation (HB1026)

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to

promote international trade.

TOTAL STATE FUNDS

$1,044,872

$1,044,872

$1,044,872

832

JOURNAL OF THE SENATE

State General Funds

$1,044,872

$1,044,872

$1,044,872

TOTAL PUBLIC FUNDS

$1,044,872

$1,044,872

$1,044,872

408. Rail

Appropriation (HB85)

The purpose is to oversee the construction, financing, operation, and development of rail passenger, freight service, and

other public transportation projects within and without the state of Georgia.

TOTAL STATE FUNDS

$657,658

$657,658

$657,658

State General Funds

$657,658

$657,658

$657,658

TOTAL PUBLIC FUNDS

$657,658

$657,658

$657,658

Statewide Changes

408.1 WC, GTA, and GBA

State General Funds

$366

$366

$366

Changes in the Size of the Program

408.2 Realign funds to the Transit program to reflect expenditures.

State General Funds

($98,263)

($98,263)

($98,263)

408.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department

operations.

State General Funds

($25,120)

($25,120)

($25,120)

Rail

Appropriation (HB1026)

The purpose is to oversee the construction, financing, operation, and development of rail passenger, freight service, and

other public transportation projects within and without the state of Georgia.

TOTAL STATE FUNDS

$534,641

$534,641

$534,641

State General Funds

$534,641

$534,641

$534,641

TOTAL PUBLIC FUNDS

$534,641

$534,641

$534,641

409. State Highway System Construction and Improvement

Appropriation (HB85)

The purpose is to ensure a safe and efficient transportation system.

TOTAL STATE FUNDS

$223,494,656 $223,494,656 $223,494,656

State Motor Fuel Taxes

$223,494,656 $223,494,656 $223,494,656

TOTAL FEDERAL FUNDS

$846,325,475 $846,325,475 $846,325,475

Federal Highway Administration Planning & Construction

$507,782,629 $507,782,629 $507,782,629

CFDA20.205

WEDNESDAY, FEBRUARY 15, 2006

833

Federal Transit Administration Capital Investment Grants

$338,542,846 $338,542,846 $338,542,846

CFDA20.500

TOTAL AGENCY FUNDS

$10,569,488

$10,569,488

$10,569,488

Reserved Fund Balances

$10,404,488

$10,404,488

$10,404,488

Motor Fuel Prior Year Funds

$10,404,488

$10,404,488

$10,404,488

Intergovernmental Transfers

$165,000

$165,000

$165,000

Authority/local government payments to state agencies

$165,000

$165,000

$165,000

TOTAL PUBLIC FUNDS

$1,080,389,619 $1,080,389,619 $1,080,389,619

Changes in How the Program is Funded

409.1 Transfer funds to the Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System

Operations programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB

85.

State Motor Fuel Taxes

($47,047)

($47,047)

($47,047)

Federal Highway Administration Planning & Construction

($113,966)

($113,966)

($113,966)

CFDA20.205

TOTAL PUBLIC FUNDS

($161,013)

($161,013)

($161,013)

409.2 Realign funds to Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State

Highway System Operations to meet projected expenditures.

State Motor Fuel Taxes

$47,047

$47,047

$47,047

Federal Transit Administration Capital Investment Grants

$113,966

$113,966

$113,966

CFDA20.500

TOTAL PUBLIC FUNDS

$161,013

$161,013

$161,013

Changes in the Size of the Program

409.3 Realign funds to Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State

Highway Operations to meet actual expenditures.

State Motor Fuel Taxes

($5,818,993)

($5,818,993)

($5,818,993)

409.4 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP)

from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund

construction/most-needed from $6,583,667 to $23 million. Also provide $322,788 for facility repairs and renovations in the

State Highway System Construction and Improvement program.

State Motor Fuel Taxes

$6,889,321

$6,889,321

$6,889,321

834

JOURNAL OF THE SENATE

State Highway System Construction and Improvement

Appropriation (HB1026)

The purpose is to ensure a safe and efficient transportation system.

TOTAL STATE FUNDS

$224,564,984 $224,564,984 $224,564,984

State Motor Fuel Taxes

$224,564,984 $224,564,984 $224,564,984

TOTAL FEDERAL FUNDS

$846,325,475 $846,325,475 $846,325,475

Federal Highway Administration Planning & Construction

$507,668,663 $507,668,663 $507,668,663

CFDA20.205

Federal Transit Administration Capital Investment Grants

$338,656,812 $338,656,812 $338,656,812

CFDA20.500

TOTAL AGENCY FUNDS

$10,569,488

$10,569,488

$10,569,488

Reserved Fund Balances

$10,404,488

$10,404,488

$10,404,488

Motor Fuel Prior Year Funds

$10,404,488

$10,404,488

$10,404,488

Intergovernmental Transfers

$165,000

$165,000

$165,000

Authority/local government payments to state agencies

$165,000

$165,000

$165,000

TOTAL PUBLIC FUNDS

$1,081,459,947 $1,081,459,947 $1,081,459,947

410. State Highway System Maintenance

Appropriation (HB85)

The purpose is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS

$177,960,168 $177,960,168 $177,960,168

State Motor Fuel Taxes

$177,960,168 $177,960,168 $177,960,168

TOTAL FEDERAL FUNDS

$148,458,050 $148,458,050 $148,458,050

Federal Highway Administration Planning & Construction

$148,458,050 $148,458,050 $148,458,050

CFDA20.205

TOTAL AGENCY FUNDS

$9,336,571

$9,336,571

$9,336,571

Reserved Fund Balances

$6,286,801

$6,286,801

$6,286,801

Motor Fuel Prior Year Funds

$6,286,801

$6,286,801

$6,286,801

Sales and Services

$3,049,770

$3,049,770

$3,049,770

Sales and Services Not Itemized

$3,049,770

$3,049,770

$3,049,770

TOTAL PUBLIC FUNDS

$335,754,789 $335,754,789 $335,754,789

Changes in the Size of the Program

410.1 Realign funds to the Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State

Highway System Operations programs.

WEDNESDAY, FEBRUARY 15, 2006

835

State Motor Fuel Taxes

($11,992,738) ($11,992,738) ($11,992,738)

State Highway System Maintenance

Appropriation (HB1026)

The purpose is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS

$165,967,430 $165,967,430 $165,967,430

State Motor Fuel Taxes

$165,967,430 $165,967,430 $165,967,430

TOTAL FEDERAL FUNDS

$148,458,050 $148,458,050 $148,458,050

Federal Highway Administration Planning & Construction

$148,458,050 $148,458,050 $148,458,050

CFDA20.205

TOTAL AGENCY FUNDS

$9,336,571

$9,336,571

$9,336,571

Reserved Fund Balances

$6,286,801

$6,286,801

$6,286,801

Motor Fuel Prior Year Funds

$6,286,801

$6,286,801

$6,286,801

Sales and Services

$3,049,770

$3,049,770

$3,049,770

Sales and Services Not Itemized

$3,049,770

$3,049,770

$3,049,770

TOTAL PUBLIC FUNDS

$323,762,051 $323,762,051 $323,762,051

411. State Highway System Operations

Appropriation (HB85)

The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

TOTAL STATE FUNDS

$17,240,493

$17,240,493

$17,240,493

State Motor Fuel Taxes

$17,240,493

$17,240,493

$17,240,493

TOTAL FEDERAL FUNDS

$24,469,556

$24,469,556

$24,469,556

Federal Highway Administration Planning & Construction

$24,469,556

$24,469,556

$24,469,556

CFDA20.205

TOTAL AGENCY FUNDS

$4,605,026

$4,605,026

$4,605,026

Reserved Fund Balances

$578,786

$578,786

$578,786

Motor Fuel Prior Year Funds

$578,786

$578,786

$578,786

Sales and Services

$4,026,240

$4,026,240

$4,026,240

Permits

$4,026,240

$4,026,240

$4,026,240

TOTAL PUBLIC FUNDS

$46,315,075

$46,315,075

$46,315,075

Changes in the Size of the Program

411.1 Realign funds from the State Highway System Construction and Improvement and State Highway System Maintenance

programs to meet projected expenditures.

State Motor Fuel Taxes

$1,017,876

$1,017,876

$1,017,876

836

JOURNAL OF THE SENATE

Federal Highway Administration Planning & Construction

($170,949)

($170,949)

($170,949)

CFDA20.205

TOTAL PUBLIC FUNDS

$846,927

$846,927

$846,927

411.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to

reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

State Motor Fuel Taxes

$49,471

$49,471

$49,471

Federal Highway Administration Planning & Construction

$170,949

$170,949

$170,949

CFDA20.205

TOTAL PUBLIC FUNDS

$220,420

$220,420

$220,420

State Highway System Operations

Appropriation (HB1026)

The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

TOTAL STATE FUNDS

$18,307,840

$18,307,840

$18,307,840

State Motor Fuel Taxes

$18,307,840

$18,307,840

$18,307,840

TOTAL FEDERAL FUNDS

$24,469,556

$24,469,556

$24,469,556

Federal Highway Administration Planning & Construction

$24,469,556

$24,469,556

$24,469,556

CFDA20.205

TOTAL AGENCY FUNDS

$4,605,026

$4,605,026

$4,605,026

Reserved Fund Balances

$578,786

$578,786

$578,786

Motor Fuel Prior Year Funds

$578,786

$578,786

$578,786

Sales and Services

$4,026,240

$4,026,240

$4,026,240

Permits

$4,026,240

$4,026,240

$4,026,240

TOTAL PUBLIC FUNDS

$47,382,422

$47,382,422

$47,382,422

412. Transit

Appropriation (HB85)

The purpose is to preserve and enhance the state's urban and rural public transit programs by providing financial and

technical assistance to Georgia's transit systems.

TOTAL STATE FUNDS

$5,129,480

$5,129,480

$5,129,480

State General Funds

$5,129,480

$5,129,480

$5,129,480

TOTAL FEDERAL FUNDS

$12,858,431

$12,858,431

$12,858,431

Federal Transit Formula Grants CFDA20.507

$12,858,431

$12,858,431

$12,858,431

TOTAL AGENCY FUNDS

$2,000

$2,000

$2,000

Sales and Services

$2,000

$2,000

$2,000

WEDNESDAY, FEBRUARY 15, 2006

837

Sales and Services Not Itemized

$2,000

$2,000

$2,000

TOTAL PUBLIC FUNDS

$17,989,911

$17,989,911

$17,989,911

Statewide Changes

412.1 WC, GTA, and GBA

State General Funds

$550

$550

$550

Changes in the Size of the Program

412.2 Realign funds from the Administration, Airport Aid, Ports and Waterways and Rail programs to reflect expenditures.

State General Funds

$218,442

$218,442

$218,442

412.3 Transfer from the Air Transportation program to cover the retirement cost of two employees.

State General Funds

$7,726

$7,726

$7,726

412.4 Transfer funds to the Administration program to consolidate administrative functions in accordance with department

operations.

State General Funds

($428,038)

($428,038)

($428,038)

Transit

Appropriation (HB1026)

The purpose is to preserve and enhance the state's urban and rural public transit programs by providing financial and

technical assistance to Georgia's transit systems.

TOTAL STATE FUNDS

$4,928,160

$4,928,160

$4,928,160

State General Funds

$4,928,160

$4,928,160

$4,928,160

TOTAL FEDERAL FUNDS

$12,858,431

$12,858,431

$12,858,431

Federal Transit Formula Grants CFDA20.507

$12,858,431

$12,858,431

$12,858,431

TOTAL AGENCY FUNDS

$2,000

$2,000

$2,000

Sales and Services

$2,000

$2,000

$2,000

Sales and Services Not Itemized

$2,000

$2,000

$2,000

TOTAL PUBLIC FUNDS

$17,788,591

$17,788,591

$17,788,591

413. Payments to the State Road and Tollway Authority

Appropriation (HB85)

The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on

Guaranteed Revenue Bonds.

TOTAL STATE FUNDS

$54,000,460

$54,000,460

$54,000,460

State Motor Fuel Taxes

$54,000,460

$54,000,460

$54,000,460

TOTAL PUBLIC FUNDS

$54,000,460

$54,000,460

$54,000,460

Changes in Operations / Administration

838

JOURNAL OF THE SENATE

413.1 Decrease payments to the State Road and Tollway Authority from $54,000,460 to $53,998,892 to reflect the current

debt service payment schedule.

State Motor Fuel Taxes

($1,568)

($1,568)

($1,568)

Payments to the State Road and Tollway Authority

Appropriation (HB1026)

The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on

Guaranteed Revenue Bonds.

TOTAL STATE FUNDS

$53,998,892

$53,998,892

$53,998,892

State Motor Fuel Taxes

$53,998,892

$53,998,892

$53,998,892

TOTAL PUBLIC FUNDS

$53,998,892

$53,998,892

$53,998,892

It is the intent of this General Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

WEDNESDAY, FEBRUARY 15, 2006

839

f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation

service income may be retained to maintain and upgrade the quality of air transportation equipment.

Section 47: Veterans Service, Department of

Section Total (HB85)

TOTAL STATE FUNDS

$21,340,355

$21,340,355

$21,340,355

State General Funds

$21,340,355

$21,340,355

$21,340,355

TOTAL FEDERAL FUNDS

$10,984,151

$10,984,151

$10,984,151

Pension to Veterans, Surviving Spouses, & Children CFDA64.105

$4,246,050

$4,246,050

$4,246,050

Post-Vietnam Era Veterans' Educational Assistance CFDA64.12

$654,266

$654,266

$654,266

Veterans Information and Assistance CFDA 64.115

$6,083,835

$6,083,835

$6,083,835

TOTAL PUBLIC FUNDS

$32,324,506

$32,324,506

$32,324,506

Final Section Totals

TOTAL STATE FUNDS

$21,348,051

$21,498,051

$21,498,051

State General Funds

$21,348,051

$21,498,051

$21,498,051

TOTAL FEDERAL FUNDS

$10,984,151

$10,984,151

$10,984,151

Pension to Veterans, Surviving Spouses, & Children CFDA64.105

$4,246,050

$4,246,050

$4,246,050

Post-Vietnam Era Veterans' Educational Assistance CFDA64.12

$654,266

$654,266

$654,266

Veterans Information and Assistance CFDA 64.115

$6,083,835

$6,083,835

$6,083,835

TOTAL PUBLIC FUNDS

$32,332,202

$32,482,202

$32,482,202

414. Departmental Administration

Appropriation (HB85)

The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public

information, personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS

$676,034

$676,034

$676,034

State General Funds

$676,034

$676,034

$676,034

TOTAL FEDERAL FUNDS

$79,875

$79,875

$79,875

Post-Vietnam Era Veterans' Educational Assistance CFDA64.12

$79,875

$79,875

$79,875

TOTAL PUBLIC FUNDS

$755,909

$755,909

$755,909

Statewide Changes

414.1 WC, GTA, and GBA

State General Funds

$616

$616

$616

840

JOURNAL OF THE SENATE

Changes in the Size of the Program

414.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta.

State General Funds

($8,662)

($8,662)

($8,662)

Departmental Administration

Appropriation (HB1026)

The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public

information, personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS

$667,988

$667,988

$667,988

State General Funds

$667,988

$667,988

$667,988

TOTAL FEDERAL FUNDS

$79,875

$79,875

$79,875

Post-Vietnam Era Veterans' Educational Assistance CFDA64.12

$79,875

$79,875

$79,875

TOTAL PUBLIC FUNDS

$747,863

$747,863

$747,863

415. Georgia Veterans Memorial Cemetery

Appropriation (HB85)

The purpose is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the

military service of our country.

TOTAL STATE FUNDS

$297,683

$297,683

$297,683

State General Funds

$297,683

$297,683

$297,683

TOTAL PUBLIC FUNDS

$297,683

$297,683

$297,683

Statewide Changes

415.1 WC, GTA, and GBA

State General Funds

$385

$385

$385

Changes in the Size of the Program

415.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta.

State General Funds

($2,889)

($2,889)

($2,889)

Georgia Veterans Memorial Cemetery

Appropriation (HB1026)

The purpose is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the

military service of our country.

TOTAL STATE FUNDS

$295,179

$295,179

$295,179

State General Funds

$295,179

$295,179

$295,179

TOTAL PUBLIC FUNDS

$295,179

$295,179

$295,179

416. Georgia War Veterans Nursing Home - Augusta

Appropriation (HB85)

WEDNESDAY, FEBRUARY 15, 2006

841

The purpose is to provide skilled nursing care to aged and infirmed Georgia Veterans; and to also serve as a teaching

facility for the Medical College of Georgia.

TOTAL STATE FUNDS

$4,437,230

$4,437,230

$4,437,230

State General Funds

$4,437,230

$4,437,230

$4,437,230

TOTAL FEDERAL FUNDS

$3,104,750

$3,104,750

$3,104,750

Pension to Veterans, Surviving Spouses, & Children CFDA64.105

$3,104,750

$3,104,750

$3,104,750

TOTAL PUBLIC FUNDS

$7,541,980

$7,541,980

$7,541,980

Changes in Operations / Administration

416.2 Provide additional funds to cover the increasing cost of healthcare and pharmaceuticals.

State General Funds

$150,000

$150,000

Changes in the Size of the Program

416.1 Transfer funds from other programs to cover increases in health care costs.

State General Funds

$96,257

$96,257

$96,257

Georgia War Veterans Nursing Home - Augusta

Appropriation (HB1026)

The purpose is to provide skilled nursing care to aged and infirmed Georgia Veterans; and to also serve as a teaching

facility for the Medical College of Georgia.

TOTAL STATE FUNDS

$4,533,487

$4,683,487

$4,683,487

State General Funds

$4,533,487

$4,683,487

$4,683,487

TOTAL FEDERAL FUNDS

$3,104,750

$3,104,750

$3,104,750

Pension to Veterans, Surviving Spouses, & Children CFDA64.105

$3,104,750

$3,104,750

$3,104,750

TOTAL PUBLIC FUNDS

$7,638,237

$7,788,237

$7,788,237

417. Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB85)

The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$10,392,240

$10,392,240

$10,392,240

State General Funds

$10,392,240

$10,392,240

$10,392,240

TOTAL FEDERAL FUNDS

$7,225,135

$7,225,135

$7,225,135

Pension to Veterans, Surviving Spouses, & Children CFDA64.105

$1,141,300

$1,141,300

$1,141,300

Veterans Information and Assistance CFDA 64.115

$6,083,835

$6,083,835

$6,083,835

TOTAL PUBLIC FUNDS

$17,617,375

$17,617,375

$17,617,375

Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB1026)

The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

842

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$10,392,240

$10,392,240

$10,392,240

State General Funds

$10,392,240

$10,392,240

$10,392,240

TOTAL FEDERAL FUNDS

$7,225,135

$7,225,135

$7,225,135

Pension to Veterans, Surviving Spouses, & Children CFDA64.105

$1,141,300

$1,141,300

$1,141,300

Veterans Information and Assistance CFDA 64.115

$6,083,835

$6,083,835

$6,083,835

TOTAL PUBLIC FUNDS

$17,617,375

$17,617,375

$17,617,375

418. Veterans Benefits

Appropriation (HB85)

The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by

informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the

benefits to which they are entitled.

TOTAL STATE FUNDS

$5,537,168

$5,537,168

$5,537,168

State General Funds

$5,537,168

$5,537,168

$5,537,168

TOTAL FEDERAL FUNDS

$574,391

$574,391

$574,391

Post-Vietnam Era Veterans' Educational Assistance CFDA64.12

$574,391

$574,391

$574,391

TOTAL PUBLIC FUNDS

$6,111,559

$6,111,559

$6,111,559

Statewide Changes

418.1 WC, GTA, and GBA

State General Funds

$6,695

$6,695

$6,695

Changes in the Size of the Program

418.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta.

State General Funds

($84,706)

($84,706)

($84,706)

Veterans Benefits

Appropriation (HB1026)

The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by

informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the

benefits to which they are entitled.

TOTAL STATE FUNDS

$5,459,157

$5,459,157

$5,459,157

State General Funds

$5,459,157

$5,459,157

$5,459,157

TOTAL FEDERAL FUNDS

$574,391

$574,391

$574,391

Post-Vietnam Era Veterans' Educational Assistance CFDA64.12

$574,391

$574,391

$574,391

TOTAL PUBLIC FUNDS

$6,033,548

$6,033,548

$6,033,548

WEDNESDAY, FEBRUARY 15, 2006

843

Section 48: Workers' Compensation, State Board of

Section Total (HB85)

TOTAL STATE FUNDS

$15,697,280

$15,697,280

$15,697,280

State General Funds

$15,697,280

$15,697,280

$15,697,280

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

TOTAL PUBLIC FUNDS

$15,937,280

$15,937,280

$15,937,280

Final Section Totals

TOTAL STATE FUNDS

$15,706,280

$15,706,280

$15,706,280

State General Funds

$15,706,280

$15,706,280

$15,706,280

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

TOTAL PUBLIC FUNDS

$15,946,280

$15,946,280

$15,946,280

419. Administer the Workers' Compensation Laws

Appropriation (HB85)

The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$9,366,793

$9,366,793

$9,366,793

State General Funds

$9,366,793

$9,366,793

$9,366,793

TOTAL PUBLIC FUNDS

$9,366,793

$9,366,793

$9,366,793

Statewide Changes

419.1 WC, GTA, and GBA

State General Funds

$8,017

$8,017

$8,017

Administer the Workers' Compensation Laws

Appropriation (HB1026)

The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$9,374,810

$9,374,810

$9,374,810

State General Funds

$9,374,810

$9,374,810

$9,374,810

TOTAL PUBLIC FUNDS

$9,374,810

$9,374,810

$9,374,810

420. Board Administration

Appropriation (HB85)

The purpose is to provide superior access to the Georgia Workers' Compensation program for injured workers and

employers in a manner that is sensitive, responsive, and effective.

TOTAL STATE FUNDS

$6,330,487

$6,330,487

$6,330,487

State General Funds

$6,330,487

$6,330,487

$6,330,487

844

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

Sales and Services Not Itemized

$136,000

$136,000

$136,000

Training Fees

$104,000

$104,000

$104,000

TOTAL PUBLIC FUNDS

$6,570,487

$6,570,487

$6,570,487

Statewide Changes

420.1 WC, GTA, and GBA

State General Funds

$983

$983

$983

Board Administration

Appropriation (HB1026)

The purpose is to provide superior access to the Georgia Workers' Compensation program for injured workers and

employers in a manner that is sensitive, responsive, and effective.

TOTAL STATE FUNDS

$6,331,470

$6,331,470

$6,331,470

State General Funds

$6,331,470

$6,331,470

$6,331,470

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

Sales and Services Not Itemized

$136,000

$136,000

$136,000

Training Fees

$104,000

$104,000

$104,000

TOTAL PUBLIC FUNDS

$6,571,470

$6,571,470

$6,571,470

Section 49: General Obligation Debt Sinking Fund

Section Total (HB85)

TOTAL STATE FUNDS

$935,015,180 $935,015,180 $935,015,180

State Motor Fuel Taxes

$185,620,000 $185,620,000 $185,620,000

State General Funds

$749,395,180 $749,395,180 $749,395,180

TOTAL PUBLIC FUNDS

$935,015,180 $935,015,180 $935,015,180

Final Section Totals

TOTAL STATE FUNDS

$988,051,386 $995,617,506 $1,004,967,041

State Motor Fuel Taxes

$192,385,000 $192,385,000 $192,385,000

State General Funds

$795,666,386 $803,232,506 $812,582,041

TOTAL PUBLIC FUNDS

$988,051,386 $995,617,506 $1,004,967,041

421. General Obligation Debt Sinking Fund - New

Appropriation (HB85)

TOTAL STATE FUNDS

$80,817,429

$80,817,429

$80,817,429

State Motor Fuel Taxes

$30,620,000

$30,620,000

$30,620,000

WEDNESDAY, FEBRUARY 15, 2006

845

State General Funds

$50,197,429

$50,197,429

$50,197,429

TOTAL PUBLIC FUNDS

$80,817,429

$80,817,429

$80,817,429

Changes in Operations / Administration

421.1Transfer SFY2006 debt service for new bonds to Issued or Authorized Under Previous Appropriations Acts programs.

State Motor Fuel Taxes

($30,620,000)

State General Funds

($50,197,429)

TOTAL PUBLIC FUNDS

($80,817,429)

Economic Development

Transportation, Department of

421.10Fast Forward: $0 in principal for 20 years at 9.000%: Increase Motor Fuel Tax Funds to fund the highest annual

debt service required to issue $300,000,000 in authorized general obligation bonds using variable-rate interest.

From State Motor Fuel Taxes, $0 is specifically appropriated for the purpose of financing projects and facilities for

the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $0 in principal amount

of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State Motor Fuel Taxes

$6,765,000 $6,765,000

$0

Environmental Facilities Authority, Georgia

421.11Local Government Infrastructure: $6,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76 of the

$10,000,000 not yet sold.

From State General Funds, $546,000 is specifically appropriated for the Georgia Environmental Facilities Authority

for the purposes of financing loans to local government and local government entities for water or sewerage facilities

or systems, through the issuance of not more than$6,500,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$546,000

Transportation, Department of 421.12Fast Forward: $300,000,000 in principal for 20 years at 9.000%: Per HB85, Bond # 47 adjust debt service to be
variable.

846

JOURNAL OF THE SENATE

From State Motor Fuel Taxes, $32,865,000 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Transportation by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both

real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000,000 in

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State Motor Fuel Taxes

$32,865,000

Financing and Investment Commission, Georgia State

421.13Economic Development: $75,000,000 in principal for 20 years at 5.750%: Economic Development

From State General Funds, $6,407,251 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$6,407,251

Education

Education, Department of

421.20K - 12 Education: $0 in principal for 10 years at 4.750%: Purchase school buses. (H:$50,000,000)(S:0)

From State General Funds, $0 is specifically appropriated for the purpose of financing educational facilities for

county and independent school systems through the State Board of Education ( Department of Education ) through the

issuance of not more than$0 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 120 months.

State General Funds

$6,400,000

$0

Higher Education University System of Georgia 421.14North Georgia College and State University: $18,441,000 in principal for 20 years at 5.500%: Library/Technology
Center.

WEDNESDAY, FEBRUARY 15, 2006

847

From State General Funds, $1,549,044 is specifically appropriated for the purpose of financing projects and facilities

for the North Georgia College and State University, University System of Georgia by means of the acquisition,

construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

issuance of not more than $18,441,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,549,044

University System of Georgia

421.22East Central Georgia Regional Public Library: $0 in principal for 20 years at 5.750%: Headquarters Library

Richmond County (H:$2,00,000)(S:0)

From State General Funds, $0 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the East Central Georgia Regional

Public Library, for that library, through the issuance of not more than$0 in principal amount of General Obligation

Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

$0

University System of Georgia

421.23Forsyth County Public Library: $0 in principal for 20 years at 5.750%: Post Road Branch Library Forsyth County

(H:$2,000,000)(S:0)

From State General Funds, $0 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library, for

that library, through the issuance of not more than$0 in principal amount of General Obligation Debt, the instruments

of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

$0

University System of Georgia

421.24Gwinnett County Public Library: $0 in principal for 20 years at 5.750%: Hamilton Mill Branch Library Gwinnett County (H:$2,000,000)(S:0)

848

JOURNAL OF THE SENATE

From State General Funds, $0 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the Gwinnett County Public Library,

for that library, through the issuance of not more than$0 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

$0

University System of Georgia

421.30Georgia Institute of Technology: $0 in principal for 20 years at 5.750%: Civil Engineering Building renovation.

(H:$5,000,000)(S:0)

From State General Funds, $0 is specifically appropriated for the purpose of financing projects and facilities for the

Georgia Institute of Technology, University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of

not more than $0 in principal amount of General Obligation Debt, the

instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$427,150

$0

University System of Georgia

421.31Georgia Institute of Technology: $5,000,000 in principal for 5 years at 4.500%: Research equipment for the

National Center of Cancer Nanotechnology Excellence.

From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia Institute of Technology, University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of

not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$1,140,000

WEDNESDAY, FEBRUARY 15, 2006

849

University System of Georgia

421.32Georgia College and State University: $9,112,500 in principal for 20 years at 5.750%: Parks Nursing/Health

Science renovation.

From State General Funds, $778,481 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia College and State University, University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of

not more than $9,112,500 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$778,481

University System of Georgia

421.33State University of West Georgia: $24,264,000 in principal for 20 years at 5.750%: Health, wellness and lifelong

learning center.

From State General Funds, $2,072,874 is specifically appropriated for the purpose of financing projects and facilities

for the State University of West Georgia, University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of

not more than $24,264,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$2,072,874

University System of Georgia

421.40Hall County Public Library: $2,000,000 in principal for 20 years at 5.750%: Hall County Public Library

From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the Hall County Public Library, for

that library, through the issuance of not more than$2,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860 $170,860

850

JOURNAL OF THE SENATE

University System of Georgia

421.41West Georgia Regional Public Library: $0 in principal for 20 years at 5.750%: Epheaus Public Library Heard

County (H:$2,000,000)(S:0)

From State General Funds, $0 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the West Georgia Regional Public

Library, for that library, through the issuance of not more than$0 in principal amount of General Obligation Debt,

the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$55,530

$0

University System of Georgia

421.45Live Oak Public Libraries: $2,000,000 in principal for 20 years at 5.750%: Chatham County

From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the Live Oak Public Libraries, for that

library, through the issuance of not more than$2,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

Total Debt Service

10 Year at 4.750%

State General Funds

$6,400,000

20 Year at 5.500%

State General Funds

$2,095,044

20 Year at 5.750%

State General Funds

$1,166,120

$9,600,326

20 Year at 9.000%

State Motor Fuel Taxes

$32,865,000

5 Year at 4.500%

State General Funds

$1,140,000

Total Debt Service

State Motor Fuel Taxes

$32,865,000

State General Funds

$7,566,120

$12,835,370

Total Principal Amount

WEDNESDAY, FEBRUARY 15, 2006

851

10 Year at 4.750%

State General Funds

$50,000,000

20 Year at 5.500%

State General Funds

$24,941,000

20 Year at 5.750%

State General Funds

$13,650,000 $112,376,500

20 Year at 9.000%

State Motor Fuel Taxes

$300,000,000

5 Year at 4.500%

State General Funds

$5,000,000

Total Principal

State Motor Fuel Taxes

$300,000,000

State General Funds

$63,650,000 $142,317,500

General Obligation Debt Sinking Fund - New

Appropriation (HB1026)

TOTAL STATE FUNDS

$87,582,429

$95,148,549

$45,700,370

State Motor Fuel Taxes

$37,385,000

$37,385,000

$32,865,000

State General Funds

$50,197,429

$57,763,549

$12,835,370

TOTAL PUBLIC FUNDS

$87,582,429

$95,148,549

$45,700,370

422. General Obligation Debt Sinking Fund - New:

Appropriation (HB85)

Authorized Under Previous Appropriations Acts

TOTAL STATE FUNDS

$104,606,858 $104,606,858 $104,606,858

State General Funds

$104,606,858 $104,606,858 $104,606,858

TOTAL PUBLIC FUNDS

$104,606,858 $104,606,858 $104,606,858

Changes in Operations / Administration

422.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program

to General Obligation Debt Sinking Fund (Issued) program.

State General Funds

($104,606,858) ($104,606,858) ($53,592,390)

Criminal Justice Defense, Department of 422.2National Guard Armories: $1,805,000 in principal for 20 years at 5.500%: Per HB85, Bond # 63.

852

JOURNAL OF THE SENATE

From State General Funds, $151,620 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,805,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$151,620

Economic Development

Ports Authority, Georgia

422.3Ports Authority: $26,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 39.

From State General Funds, $2,226,000 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $26,500,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,226,000

Ports Authority, Georgia

422.4Ports Authority: $7,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 40.

From State General Funds, $588,000 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$588,000

Ports Authority, Georgia 422.5Ports Authority: $14,625,000 in principal for 20 years at 5.500%: Per HB85, Bond # 41.
From State General Funds, $1,228,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

WEDNESDAY, FEBRUARY 15, 2006

853

personal, necessary or useful in connection therewith, through the issuance of not more than $14,625,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,228,500

Ports Authority, Georgia

422.6Ports Authority: $2,500,000 in principal for 5 years at 3.500%: Per HB85, Bond # 43.

From State General Funds, $552,500 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$552,500

Ports Authority, Georgia

422.7Ports Authority: $5,320,000 in principal for 20 years at 5.500%: Per HB85, Bond # 44.

From State General Funds, $446,880 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $5,320,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$446,880

Transportation, Department of

422.8Fast Forward: $83,800,000 in principal for 20 years at 5.500%: Per HB85, Bond # 45.

From State General Funds, $7,039,200 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $83,800,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$7,039,200

854

JOURNAL OF THE SENATE

Transportation, Department of

422.9Fast Forward: $20,000,000 in principal for 5 years at 4.200%: Per HB85, Bond # 48.

From State Motor Fuel Taxes, $4,520,000 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Transportation by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both

real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60

months.

State Motor Fuel Taxes

$4,520,000

Economic Development, Department of

422.10Columbus Trade Center: $11,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 78.

From State General Funds, $924,000 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Economic Development by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both

real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,000,000 in

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$924,000

Environmental Facilities Authority, Georgia

422.18Local Government Infrastructure: $22,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76.

From State General Funds, $1,848,000 is specifically appropriated for the Georgia Environmental Facilities

Authority for the purposes of financing loans to local government and local government entities for water or sewerage

facilities or systems, through the issuance of not more than$22,000,000 in principal amount of General Obligation

Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,848,000

Environmental Facilities Authority, Georgia 422.31Local Government Infrastructure: $2,000,000 in principal for 20 years at 5.500%: Per HB 85, Bond #66.
From State General Funds, $168,000 is specifically appropriated for the Georgia Environmental Facilities Authority

WEDNESDAY, FEBRUARY 15, 2006

855

for the purposes of financing loans to local government and local government entities for water or sewerage facilities

or systems, through the issuance of not more than$2,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$168,000

Education

Education, Department of

422.11K - 12 Education: $9,815,000 in principal for 5 years at 3.500%: Per HB85, Bond # 69.

From State General Funds, $2,169,115 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$9,815,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 60 months.

State General Funds

$2,169,115

Education, Department of

422.12K - 12 Education: $33,265,000 in principal for 20 years at 5.500%: Per HB85, Bond # 72.

From State General Funds, $2,794,260 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$33,265,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$2,794,260

Education, Department of

422.13K - 12 Education: $43,215,000 in principal for 20 years at 5.500%: Per HB85, Bond # 73.

From State General Funds, $3,630,060 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$43,215,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$3,630,060

856

JOURNAL OF THE SENATE

Education, Department of

422.14K - 12 Education: $3,970,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74.

From State General Funds, $333,480 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$3,970,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$333,480

Education, Department of

422.15K - 12 Education: $3,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74.

From State General Funds, $252,000 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$3,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$252,000

Education, Department of

422.16K - 12 Education: $6,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75

From State General Funds, $504,000 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$6,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$504,000

Education, Department of

422.17K - 12 Education: $1,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75.

From State General Funds, $84,000 is specifically appropriated for the purpose of financing educational facilities for

county and independent school systems through the State Board of Education ( Department of Education ) through the

issuance of not more than$1,000,000 in principal amount of General Obligation Debt, the instruments of which shall

have maturities not in excess of 240 months.

State General Funds

$84,000

WEDNESDAY, FEBRUARY 15, 2006

857

Higher Education

University System of Georgia

422.19Georgia College and State University: $500 in principal for 20 years at 5.500%: Per HB85, Bond #3 Design

residual amount.

From State General Funds, $42 is specifically appropriated for the purpose of financing projects and facilities for the

University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $500 in principal

amount of General Obligation Debt, the instruments of which shall have

State General Funds

$42

University System of Georgia

422.20Georgia Perimeter College: $800,000 in principal for 5 years at 3.500%: Per HB85, Bond # 8.

From State General Funds, $176,800 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$176,800

University System of Georgia

422.21University of Georgia: $6,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 10.

From State General Funds, $546,000 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$546,000

University System of Georgia 422.22Medical College of Georgia: $4,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 15.

858

JOURNAL OF THE SENATE

From State General Funds, $336,000 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$336,000

University System of Georgia

422.23Georgia Gwinnett College: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 17.

From State General Funds, $420,000 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$420,000

University System of Georgia

422.24Henry County McDonough Public Library: $1,035,000 in principal for 20 years at 5.500%: Per HB85, Bond # 22.

From State General Funds, $86,940 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the University System of Georgia for

that library, through the issuance of not more than$1,035,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$86,940

University System of Georgia

422.25Auburn Public Library: $810,000 in principal for 20 years at 5.500%: Per HB85, Bond # 23.

From State General Funds, $68,040 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the University System of Georgia for

that library, through the issuance of not more than$810,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$68,040

WEDNESDAY, FEBRUARY 15, 2006

859

University System of Georgia

422.26Tifton-Tift County Public Library: $1,765,000 in principal for 20 years at 5.500%: Per HB85, Bond # 24.

From State General Funds, $148,260 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,765,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$148,260

University System of Georgia

422.27Gilmer County Public Library: $2,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 25.

From State General Funds, $168,000 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the University System of Georgia for

that library, through the issuance of not more than$2,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$168,000

University System of Georgia

422.28Tyrone Public Library: $1,270,000 in principal for 20 years at 5.500%: Per HB85, Bond # 27.

From State General Funds, $106,680 is specifically appropriated to the Board of Regents of the University System of

Georgia to provide public library facilities by grant to the governing board of the University System of Georgia for

that library, through the issuance of not more than$1,270,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$106,680

Technical and Adult Education, Department of 422.29Appalachian Technical College: $1,200,000 in principal for 20 years at 5.500%: Per HB85, Bond # 30.
From State General Funds, $100,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

860

JOURNAL OF THE SENATE

$1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$100,800

Technical and Adult Education, Department of

422.30Southeastern Technical College: $1,440,000 in principal for 20 years at 5.500%: Per HB85, Bond # 35.

From State General Funds, $120,960 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Technical and Adult Education by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$120,960

Total Debt Service

20 Year at 5.500%

State General Funds

$24,319,722

5 Year at 3.500%

State General Funds

$2,898,415

5 Year at 4.200%

State Motor Fuel Taxes

$4,520,000

Total Debt Service

State Motor Fuel Taxes

$4,520,000

State General Funds

$27,218,137

Total Principal Amount

20 Year at 5.500%

State General Funds

$289,520,500

5 Year at 3.500%

State General Funds

$13,115,000

5 Year at 4.200%

State Motor Fuel Taxes

$20,000,000

Total Principal

WEDNESDAY, FEBRUARY 15, 2006

861

State Motor Fuel Taxes

$20,000,000

State General Funds

$302,635,500

General Obligation Debt Sinking Fund - New: Authorized

Appropriation (HB1026)

Under Previous Appropriations Acts

TOTAL STATE FUNDS

$82,752,605

State Motor Fuel Taxes

$4,520,000

State General Funds

$78,232,605

TOTAL PUBLIC FUNDS

$82,752,605

423. General Obligation Debt Sinking Fund - Issued

Appropriation (HB85)

TOTAL STATE FUNDS

$749,590,893 $749,590,893 $749,590,893

State Motor Fuel Taxes

$155,000,000 $155,000,000 $155,000,000

State General Funds

$594,590,893 $594,590,893 $594,590,893

TOTAL PUBLIC FUNDS

$749,590,893 $749,590,893 $749,590,893

Changes in Operations / Administration

423.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program

to General Obligation Debt Sinking Fund (Issued) program.

State General Funds

$104,606,858 $104,606,858

$53,592,390

Changes in the Size of the Program

423.2 Reduce debt service to reflect an interest rate adjustment from 4.2% to 4.5% for 5-year bonds and from 5.85% to

5.75% for 20 year bonds.

State General Funds

($630,682)

($630,682)

($630,682)

423.3 Provide state funds to pre-fund debt service obligations due in FY 2007.

State General Funds

$46,901,888

$46,901,888

$51,822,173

Criminal Justice Juvenile Justice, Department of 423.4Youth Development Campus: $2,840,000 in principal for 5 years at 3.500%: Per HB85, Bond # 49.
From State General Funds, $627,640 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,840,000 in

862

JOURNAL OF THE SENATE

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60

months.

State General Funds

$627,640

Corrections, Department of

423.5GDC multi-projects: $1,045,000 in principal for 5 years at 3.500%: Per HB85, Bond # 58.

From State General Funds, $230,945 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,045,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$230,945

Corrections, Department of

423.6GDC multi-projects: $2,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 59.

From State General Funds, $168,000 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$168,000

Corrections, Department of

423.7GDC multi-projects: $20,505,000 in principal for 20 years at 5.500%: Per HB85, Bond # 60.

From State General Funds, $1,722,420 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $20,505,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,722,420

WEDNESDAY, FEBRUARY 15, 2006

863

Corrections, Department of

423.8GDC multi-projects: $4,550,000 in principal for 20 years at 5.500%: Per HB85, Bond # 61.

From State General Funds, $382,200 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $4,550,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$382,200

Corrections, Department of

423.9Security for Prisons: $3,745,000 in principal for 20 years at 5.500%: Per HB85, Bond # 62.

From State General Funds, $314,580 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $3,745,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$314,580

Public Safety, Department of

423.10Public Safety Training Center: $890,000 in principal for 5 years at 3.500%: Per HB85, Bond # 64.

From State General Funds, $196,690 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $890,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$196,690

Investigation, Georgia Bureau of 423.11GBI Regional Crime Scene Laboratories: $340,000 in principal for 5 years at 3.500%: Per HB85, Bond # 65.
From State General Funds, $75,140 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement,

864

JOURNAL OF THE SENATE

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $340,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$75,140

Economic Development

Ports Authority, Georgia

423.12Ports Authority: $2,215,000 in principal for 5 years at 3.500%: Per HB85, Bond # 42.

From State General Funds, $489,515 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $2,215,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$489,515

Transportation, Department of

423.13Roads and Bridges: $6,470,000 in principal for 20 years at 5.500%: Per HB85, Bond # 46.

From State General Funds, $543,480 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $6,470,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$543,480

Environmental Facilities Authority, Georgia

423.21Local Government Infrastructure: $20,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76.

From State General Funds, $1,680,000 is specifically appropriated for the Georgia Environmental Facilities

Authority for the purposes of financing loans to local government and local government entities for water or sewerage

facilities or systems, through the issuance of not more than$20,000,000 in principal amount of General Obligation

Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,680,000

WEDNESDAY, FEBRUARY 15, 2006

865

Environmental Facilities Authority, Georgia

423.22Local Government Infrastructure: $1,500,000 in principal for 20 years at 5.500%: Per HB85, Bond #66.

From State General Funds, $126,000 is specifically appropriated for the Georgia Environmental Facilities Authority

for the purposes of financing loans to local government and local government entities for water or sewerage facilities

or systems, through the issuance of not more than$1,500,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$126,000

Education

Education, Department of

423.14K - 12 Education: $6,200,000 in principal for 20 years at 5.500%: Per HB85, Bond # 70.

From State General Funds, $520,800 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$6,200,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$520,800

Education, Department of

423.15K - 12 Education: $215,000 in principal for 20 years at 5.500%: Per HB85, Bond # 71.

From State General Funds, $18,060 is specifically appropriated for the purpose of financing educational facilities for

county and independent school systems through the State Board of Education ( Department of Education ) through the

issuance of not more than$215,000 in principal amount of General Obligation Debt, the instruments of which shall

have maturities not in excess of 240 months.

State General Funds

$18,060

Education, Department of 423.16K - 12 Education: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 72.
From State General Funds, $420,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through

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JOURNAL OF THE SENATE

the issuance of not more than$5,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$420,000

Education, Department of

423.17K - 12 Education: $20,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 73.

From State General Funds, $1,680,000 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$20,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,680,000

Education, Department of

423.18K - 12 Education: $500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74.

From State General Funds, $42,000 is specifically appropriated for the purpose of financing educational facilities for

county and independent school systems through the State Board of Education ( Department of Education ) through the

issuance of not more than$500,000 in principal amount of General Obligation Debt, the instruments of which shall

have maturities not in excess of 240 months.

State General Funds

$42,000

Education, Department of

423.19K - 12 Education: $1,670,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75.

From State General Funds, $140,280 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education ) through

the issuance of not more than$1,670,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$140,280

Fiscal Management Revenue, Department of 423.20Tax System: $3,000,000 in principal for 5 years at 3.500%: Per HB85, Bond # 68.

WEDNESDAY, FEBRUARY 15, 2006

867

From State General Funds, $663,000 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$663,000

Building Authority, Georgia

423.23Legislative Office Building: $1,460,000 in principal for 5 years at 3.500%: Per HB85, Bond # 67.

From State General Funds, $322,660 is specifically appropriated for the purpose of financing projects and facilities

for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,460,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$322,660

Human Development

Veterans Service, Department of

423.24Georgia War Veterans Nursing Home, Milledgeville: $140,000 in principal for 5 years at 3.500%: Per HB85, Bond

# 50.

From State General Funds, $30,940 is specifically appropriated for the purpose of financing projects and facilities for

the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $140,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$30,940

Veterans Service, Department of 423.25Georgia War Veterans Nursing Home, Milledgeville: $70,000 in principal for 5 years at 3.500%: Per HB85, Bond #
51. From State General Funds, $15,470 is specifically appropriated for the purpose of financing projects and facilities for

868

JOURNAL OF THE SENATE

the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $70,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$15,470

Veterans Service, Department of

423.26Georgia War Veterans Nursing Home, Milledgeville: $115,000 in principal for 5 years at 3.500%: Per HB85, Bond

# 52.

From State General Funds, $25,415 is specifically appropriated for the purpose of financing projects and facilities for

the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $115,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$25,415

Veterans Service, Department of

423.27Georgia War Veterans Nursing Home, Milledgeville: $40,000 in principal for 5 years at 3.500%: Per HB85, Bond #

53.

From State General Funds, $8,840 is specifically appropriated for the purpose of financing projects and facilities for

the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $40,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$8,840

Veterans Service, Department of 423.28Georgia War Veterans Nursing Home, Milledgeville: $100,000 in principal for 5 years at 3.500%: Per HB85, Bond
# 54. From State General Funds, $22,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement,

WEDNESDAY, FEBRUARY 15, 2006

869

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$22,100

Veterans Service, Department of

423.29Georgia War Veterans Nursing Home, Milledgeville: $80,000 in principal for 5 years at 3.500%: Per HB85, Bond #

55.

From State General Funds, $17,680 is specifically appropriated for the purpose of financing projects and facilities for

the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $80,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$17,680

Veterans Service, Department of

423.30Georgia War Veterans Nursing Home, Milledgeville: $120,000 in principal for 5 years at 3.500%: Per HB85, Bond

# 56.

From State General Funds, $26,520 is specifically appropriated for the purpose of financing projects and facilities for

the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $120,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$26,520

Veterans Service, Department of 423.31Georgia War Veterans Nursing Home, Milledgeville: $90,000 in principal for 5 years at 3.500%: Per HB85, Bond #
57. From State General Funds, $19,890 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

870

JOURNAL OF THE SENATE

personal, necessary or useful in connection therewith, through the issuance of not more than $90,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$19,890

Higher Education

University System of Georgia

423.32Regents: $50,630,000 in principal for 20 years at 5.500%: Per HB85, Bond # 1.

From State General Funds, $4,252,920 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $50,630,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$4,252,920

University System of Georgia

423.33Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 2.

From State General Funds, $420,000 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$420,000

University System of Georgia

423.34Georgia College and State University: $1,012,000 in principal for 20 years at 5.500%: Per HB85, Bond # 3. Design.

From State General Funds, $85,008 is specifically appropriated for the purpose of financing projects and facilities for

the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,012,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$85,008

WEDNESDAY, FEBRUARY 15, 2006

871

University System of Georgia

423.35State University of West Georgia: $2,696,000 in principal for 20 years at 5.500%: Per HB85, Bond # 4. Design.

From State General Funds, $226,464 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $2,696,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$226,464

University System of Georgia

423.36North Georgia College and State University: $2,049,000 in principal for 20 years at 5.500%: Per HB85, Bond # 5.

Design.

From State General Funds, $172,116 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $2,049,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$172,116

University System of Georgia

423.37Savannah State College: $1,266,000 in principal for 20 years at 5.500%: Per HB85, Bond # 6. Design.

From State General Funds, $106,344 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,266,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$106,344

University System of Georgia 423.38Kennesaw State University: $1,575,000 in principal for 5 years at 3.500%: Per HB85, Bond #7

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JOURNAL OF THE SENATE

From State General Funds, $348,075 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,575,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$348,075

University System of Georgia

423.39University of Georgia: $1,520,000 in principal for 5 years at 3.500%: Per HB85, Bond # 9.

From State General Funds, $335,920 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,520,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$335,920

University System of Georgia

423.40Georgia Southern University: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 11.

From State General Funds, $420,000 is specifically appropriated for the purpose of financing projects and facilities

for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$420,000

Technical and Adult Education, Department of 423.41Technical College Multi-Projects: $7,500,000 in principal for 5 years at 3.500%: Per HB85, Bond # 28.
From State General Funds, $1,657,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

WEDNESDAY, FEBRUARY 15, 2006

873

$7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$1,657,500

Technical and Adult Education, Department of

423.42North Georgia Technical College: $635,000 in principal for 20 years at 5.500%: Per HB85, Bond # 29.

From State General Funds, $53,340 is specifically appropriated for the purpose of financing projects and facilities for

the Department of Technical and Adult Education by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both

real and personal, necessary or useful in connection therewith, through the issuance of not more than $635,000 in

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of

240 months.

State General Funds

$53,340

Technical and Adult Education, Department of

423.43West Georgia Technical College: $6,400,000 in principal for 20 years at 5.500%: Per HB85, Bond # 32.

From State General Funds, $537,600 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Technical and Adult Education by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$537,600

Technical and Adult Education, Department of 423.44DeKalb Technical College: $23,965,000 in principal for 20 years at 5.500%: Per HB85, Bond # 34.
From State General Funds, $2,013,060 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

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JOURNAL OF THE SENATE

$23,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$2,013,060

Natural Resources

Natural Resources, Department of

423.45Georgia National Fairgrounds and Agricenter: $3,045,000 in principal for 20 years at 5.500%: Per HB85, Bond #

36.

From State General Funds, $255,780 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Natural Resources by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both

real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,045,000 in

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$255,780

Forestry Commission, State

423.46Forestry Buildings: $2,900,000 in principal for 5 years at 3.500%: Per HB85, Bond # 37.

From State General Funds, $640,900 is specifically appropriated for the purpose of financing projects and facilities

for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$640,900

Forestry Commission, State 423.47Forestry Buildings: $1,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 38.
From State General Funds, $84,000 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or

WEDNESDAY, FEBRUARY 15, 2006

875

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$84,000

Total Debt Service 20 Year at 5.500%
State General Funds 5 Year at 3.500%
State General Funds Total Debt Service
State General Funds Total Principal Amount
20 Year at 5.500% State General Funds
5 Year at 3.500% State General Funds
Total Principal State General Funds

$16,384,452 $5,754,840
$22,139,292
$195,053,000 $26,040,000
$221,093,000

General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State Motor Fuel Taxes State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB1026)
$900,468,957 $900,468,957 $876,514,066 $155,000,000 $155,000,000 $155,000,000 $745,468,957 $745,468,957 $721,514,066 $900,468,957 $900,468,957 $876,514,066

Section 50. General Obligation Bonds Repealed, Revised, or Reinstated

The following paragraph of Section 61 of the Amended General Appropriations Act for state fiscal year 2001-2002 (Ga. L. 2002, p. 11) is hereby repealed in its entirety:

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JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)," $155,940 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of Section 65 of the Amended General Appropriations Act for state fiscal year 2002- 2003 (Ga. L. 2003, p. 29), which reads as follows:
"From the appropriation designated "State General Funds (New)," $60,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
is hereby amended to read as follows: "From the appropriation designated "State General Funds (New)," $24,304 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or mprovement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1053 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session), which reads as follows: "From the appropriation designated "State General Funds (New)," $1,377,993 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

WEDNESDAY, FEBRUARY 15, 2006

877

structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,839,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $1,237,314 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,222,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
"The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1054 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session), which reads as follows:
"From the appropriation designated "State General Funds (New)," $1,805,250 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $1,305,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall

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JOURNAL OF THE SENATE

have maturities not in excess of two hundred and forty months." The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1053 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session), which reads as follows:
"From the appropriation designated "State General Funds (New)," $1,655,784 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,032,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $667,290 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
From the appropriation designated "State General Funds (New): Authorized Under Previous Appropriations Acts," $4,510,000 is specifically appropriated for the Georgia State Financing and Investment Commission to acquire, construct, develop, extend, enlarge, or improve land,waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, pp. 994, 1046, 1050-1051, as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session) is hereby repealed in its entirety:

WEDNESDAY, FEBRUARY 15, 2006

879

From the appropriation designated "State General Funds (New)," $384,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of the Amended General Appropriations Act for state fiscal year 2004-2005 (House Bill 84 of the 2005 Regular Session) is hereby repealed in its entirety:
From the appropriation designated "State General Funds (New)," $198,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $876,283 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 51: Flex

The provisions in this paragraph may be known collectively as "flex". When an agency receives appropriations of a particular fund source for more than one program, object or class, the appropriation of the particular fund source for each program, object or class of the agency is the amount stated, and the program, object or class shall also be authorized the lesser of an additional $250,000 or two percent (2%) of the stated amount. However, if the additional authority is used, the appropriation of the same fund source for one or more of the other appropriations to that agency is reduced in the same amount, such that the stated total in appropriations from that fund source within the Section is not exceeded. However, the additional amount must be from a fund source which is lawfully available for the purpose to which it is added. This paragraph does not:
(1) apply to the appropriations for the "MEDICAID: LOW-INCOME MEDICAID" and "MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department of Community Health; (2) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes;

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(3) apply to appropriations for local assistance grants in which recipient, purpose and amount are specified under O.C.G.A. 50-8-8(a) or O.C.G.A. 28-5-121(1).
Section 52: Federal Funds

To the extent to which Federal Funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately receding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 53: Local Assistance Grants Previously Authorized

LAG# 1 To provide funding to the City of Milledgville for the Silver Haired Legislature $5,000 LAG# 2 To provide funding to the City of Columbus for the Civil War Naval Museum $30,000 LAG# 3 To provide funding for emergency generator for the water system in Crawford County $25,000 LAG# 4 To provide funding to Pike County to join city and county systems at HWY 341 waterline for economic development business park $300,000 LAG# 5 To provide funding to City of Lula for sewage treatment systems upgrade $125,000 LAG# 6 To provide funding to the City of Gainesille to renovate city storm drain $100,000 LAG# 7 To provide park and renovation funding in the City of St. Simons $155,500 LAG# 8 To provide funding for services for master development plan in Fannin County $50,000

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LAG# 9 To provide funding to the City of Chickamauga for expansion to the public library $100,000 LAG# 10 To provide funding to the City of Harlem for Phase II of the sewer and waste pond repair $138,000 LAG# 11 To provide funding for site work development in Columbia County Industrial Park $140,566 LAG# 12 To provide funding to Columbia County library for technology improvements $300,000 LAG# 13 To provide funding to Autrey Mill for historical restoration in Fulton County $250,000 LAG# 14 To provide funding for services to the Official Transportation Museum in Duluth $350,000 LAG# 15 To provide funding for services for the Gwinnett County Neighborhood Leadership Institute $35,000 LAG# 16 To provide funding for engineering study plan for the Old Coweta County Courthouse $35,000 LAG# 17 To provide funds for a match to Hall County for the Phase II Economic Development project $100,000 LAG# 18 To provide funding for services in White County for the Appalachian Community Enterprises non profit small business incubator $50,000 LAG# 19 To provide funding for partial roof replacement for Historic Oconee County Arts Foundation $15,000 LAG# 20 To provide funding for services in Warner Robbins for the Museum of Aviation $35,000 LAG# 21 To provide funding for park renovations at Lake Tobosotkee in Bibb County $50,000 LAG# 22 To provide funding for Hancock County for warehouse expansion at Saint Gobain $150,000 LAG# 23 To provide funding to Dodge County for the Heart of Georgia Airport Authority $7,500 LAG# 24 To provide funding for services for the City of Newnan for Economic Development $20,000 LAG# 25 To provide funding to the City of Savannah for Battlefield Park youth facility construction $30,000 LAG# 26 To provide funding for the Washington County school system to compensate for one time loss of motor vehicle advalorem tax revenue due to a shift in collections policy.$125,000 LAG# 27 To provide funding for improvements to the Loganville High School facility in Gwinnett County $50,000 LAG#28 To provide funding for services to Forest Hills Elementary Community Coalition in Dekalb County $15,000 LAG# 29 To provide funding for restoration of the Old School Auditorium for Lanier County $50,000 LAG# 30 To provide funding for services to the City of Atlanta for Intergenerational Resource Center $25,000 LAG# 31 To provide funds for a match to the City of Byromville for Vienna Elementary after school program $2,000 LAG# 32 To provide funding for the Oglethorpe County Agriculture Education Center Human Services $50,000 LAG# 33 To provide funding to Northeast Cobb County to expand senior center facility $272,000 LAG# 34 To provide funding to refurbish Live Oak Child Emergency Shelter in Carroll County $50,000 LAG# 35 To provide funds to Hall County for Health Access indigent care initiative $50,000 LAG# 36 To provide funding to the City of Tennille for renovations to the Police Department $35,000 LAG# 37 To provide funding for firehouse expansion in the City of Avery $20,000

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LAG# 38 To provide funding for the City of Damascus for firehouse renovations $25,000 LAG# 39 To provide funding for services for Our House in Polk County $25,000 LAG# 40 To provide funding for the Boys and Girls Club in Polk County $25,000 LAG# 41 To provide funding for services to Warner Robbins for the Senior Citizen Center $15,000 LAG# 42 To provide funding to Houston County for assisting Drug Action Council $15,000 LAG# 43 To provide funding to Emanuel County Volunteer Fire Department for equipment $11,000 LAG# 44 To provide funding to Candler County Volunteer Fire Department for equipment $10,000 LAG# 45 To provide funding to Johnson County Volunteer Fire Department for equipment $10,000 LAG# 46 To provide funding to Upson County for construction and start up costs for Harbor House $100,000 LAG# 47 To provide funding for Mitchell County Fire Department $24,500 LAG# 48 To provide funding to the City of Savannah for the Association of the Blind $15,000 LAG# 49 To provide funding to the City of Savannah for the Cardioascular Center $15,000 LAG# 50 To provide funding to the Augusta Burn Center for indigent care $250,000

Section 54: Pay Raise

The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) To provide a general salary adjustment of 2% for officers and employees of the Judicial, Legislative and Executive branches, excluding those provided for separately in the numbered items below, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006. The proposed salary adjustment for Executive branch employees will be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. 2.) To provide for the cost-of-living adjustment authorized by O.C.G.A. 45-7-4(b), in the amount of 2% for each state officer whose salary is set by Code Sections 45-7-4(a), except members of the General Assembly. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2006. 3.) To provide for the cost-of-living adjustment authorized by O.C.G.A. 45-7-4(b), in the amount of 2% for members of the General Assembly. The amount of the appropriation for this purpose is calculated according to an effective date of January

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1, 2006, subject to further provisions of O.C.G.A. 45-7-4(b). 4.) To provide for a 2% increase in the state base salary on the local teacher salary schedule for the State Board of education. This proposed 2% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule for the State Board of Education. The amount of the appropriation for this purpose is calculated according to an effective date of September 1, 2005. 5.) To provide for a 2% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2005. 6.) To provide a 2% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with winter semester, 2006, for Regents faculty and calculated to commence January 1, 2006, for non-academic personnel. 7.) To provide a 2% salary increase for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006. 8.) To provide for a 2% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006, and to provide for a 2% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006.
Section 55: Leases

In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

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Section 56. Refunds
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

Section 57: Budgetary Control and Interpretation

The provisions in this paragraph may be known collectively as "Budgetary Control and Interpretation". The appropriations in this Act consist of the amount stated in the right-most column, for each line of State Funds and each line of Federal Funds, in each case as associated with the statement of Program Name and Program Purpose. The block of text for each program begins with a numbered line stating the Program Name, followed by "Appropriation (HB1026)." The Program Purpose is stated immediately below the Program Name in italics. Text in a line beginning with a decimal number is not part of a statement of purpose and is for information only. For the section titled the "General Obligation Debt Sinking Fund," the authorizing paragraphs state the debt purpose authorized in general or specific terms, and the lines beginning with a decimal number are for informational purposes only. The "Flex" language in Section 17 (Medicaid) and Section 51 is intended to amend statements of amount in appropriations except bond authorizations. Sections 50 through 56 are intended to constitute appropriations (Sections 53 through 56) or modify appropriations (Sections 50 through 52).
Section 58: Effective Date and Repeal Conflicting Laws

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

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

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The following amendment to the Senate Appropriations Committee substitute to HB 1026 was reported by the Committee of the Whole Senate earlier today and was perfected into the Senate Appropriations Committee Substitute to become the Committee of the Whole Senate Substitute.

The Committee of the Whole Senate moved to amend the Senate Appropriations Committee Substitute to HB 1026 by removing funds from and [changing/deleting] lines 423.3 page 242 to read: Text: (No change to language) Fund Sources: $48,222,173 of State General Funds

And by adding funds to and [changing/deleting] line 80.11 page 49 to read: Text: Add funds for the Katie Beckett waiver for families who don't meet the new criteria used starting October 2005. This funding will be the sole funding for those families as they are not going to be eligible for Federal Matching funds. Fund Sources: State Funds $3,600,000 State General Funds

End of Amendment

Amendment is to fund families who were receiving Katie Beckett waivers prior to the change in eligibility but are not receiving it now by reducing funds from Bonds.

The report of the Committee of the Whole Senate, which was favorable to the passage of the bill by substitute, was agreed to.

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

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

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

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

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

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

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

On the passage of the bill, the yeas were 52, nays 1.

HB 1026, having received the requisite constitutional majority, was passed by substitute.

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

HB 246. By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:

A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Balfour of the 9th moved that the Senate insist on its amendment to HB 246.

On the motion, the yeas were 34, nays 10; the motion prevailed, and the Senate insisted on its amendment to HB 246.

Senator Williams of the 19th moved that the Senate adjourn until 8:30 a.m. Thursday, February 16, 2006.

The motion prevailed, and the President announced the Senate adjourned at 12:35 p.m.

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Senate Chamber, Atlanta, Georgia Thursday, February 16, 2006 Twentieth Legislative Day

The Senate met pursuant to adjournment at 8:30 a.m. today and was called to order by the President.

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 560.

By Representatives Martin of the 47th, Jones of the 46th and Geisinger of the 48th:

A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions regarding the circumstances under which county boards of tax assessors can change the valuation of real property established on appeal; to repeal conflicting laws; and for other purposes.

HB 661.

By Representatives Reese of the 98th, Burmeister of the 119th, Burkhalter of the 50th, Brooks of the 63rd, Cummings of the 16th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for adoption of policies and procedures by local boards of education to provide information regarding school clubs and organizations to parents and legal guardians and to provide an opportunity to withhold permission to participate; to provide for legislative intent; to provide for definitions; to provide for annual notification by local school systems to parents and legal guardians; to require annual written parental or

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legal guardian permission for membership or participation in a school club or organization; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 724. By Representative McCall of the 30th:

A BILL to be entitled an Act to amend Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to provide that such Code section does not restrict certain work of a plumber licensed by the Construction Industry Licensing Board; to repeal conflicting laws; and for other purposes.

HB 955.

By Representatives Geisinger of the 48th, Chambers of the 81st, Millar of the 79th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the development and implementation of the TransCard or SmartCard fare payment system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th:
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 change certain provisions regarding income tax credits for employers providing approved retraining programs;

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to provide for definitions; 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.
HB 1182. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th, Fleming of the 117th, Smith of the 129th 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 sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain eligible hall of fame attractions; 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 repeal conflicting laws; and for other purposes.
HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th and others:
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 Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolutions of the House:
HR 1226. By Representatives Lane of the 158th, Stephens of the 164th, Burns of the 157th, Ehrhart of the 36th, Parrish of the 156th and others:
A RESOLUTION authorizing and directing the Department of Natural Resources to initiate a "Georgia Quail Trail" and creating the Georgia Quail Trail Advisory Council; and for other purposes.
HR 1425. By Representatives Wilkinson of the 52nd, Yates of the 73rd, Porter of the 143rd, Reece of the 27th, Cole of the 125th and others:
A RESOLUTION recognizing and commending the United States Organization on its 65th anniversary; and for other purposes.

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The following Senate legislation was introduced, read the first time and referred to committee:
SB 554. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to repeal the Governors power to suspend or limit the sale, dispensing, or transportation of firearms in emergencies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 555. By Senators Chapman of the 3rd, Whitehead, Sr. of the 24th, Wiles of the 37th, Shafer of the 48th, Henson of the 41st and others:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to provide an exception to the perpetual existence of downtown development authorities; to provide for quorums, actions, meetings, and records of downtown development authorities; to provide for dissolution of downtown development authorities activated by municipal resolutions; to change certain provisions relating to creation of development authorities, appointment and terms of directors, quorum, and adopting and filing of resolution of need; to provide for open and public meetings and records; to change certain provisions relating to directors of development authorities, compensation, adoption of bylaws, delegation of powers and duties, conflicts of interest, and audits; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 556. By Senators Hill of the 4th, Williams of the 19th and Johnson of the 1st:
A BILL to be entitled an Act to amend Title 2 of the O.C.G.A., relating to agriculture; Title 8 of the O.C.G.A., relating to buildings and housing; Title 15 of the O.C.G.A., relating to courts; Title 17 of the O.C.G.A., relating to criminal procedure; Title 20 of the O.C.G.A., relating to education; Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics; Title 28 of the O.C.G.A., relating to the General Assembly; Title 35 of the O.C.G.A., relating to law enforcement officers and agencies; Title 40 of the O.C.G.A., relating to motor vehicles and traffic; Title 43 of the O.C.G.A., relating to professions and businesses; Title 45 of the O.C.G.A., relating to public officers and employees; Title 49 of the O.C.G.A., relating to social services; and Title 50 of the

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O.C.G.A., relating to state government, so as to provide for the comprehensive revision of provisions regarding state budgeting; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 557. By Senators Fort of the 39th, Hooks of the 14th, Thompson of the 33rd and Tate of the 38th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an exemption with respect to state sales and use taxes applicable to charges for natural gas billed for residential use other than for the natural gas commodity; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 558. By Senators Hamrick of the 30th, Shafer of the 48th, Cagle of the 49th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to correct typographical, stylistic, and other errors; to rearrange and renumber certain provisions; to provide that any credit card transaction where the credit card issuer is a domestic lender or credit card bank and any credit card account created by a domestic lender or credit card bank shall be exempt from the provisions of Chapter 17 of Title 16; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.
SB 559. By Senators Fort of the 39th, Hooks of the 14th, Thompson of the 33rd and Tate of the 38th:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for an exemption with respect to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the

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natural gas commodity billed for residential use; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the O.C.G.A., the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 560. By Senators Hill of the 32nd, Thompson of the 33rd and Rogers of the 21st:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that it shall be unlawful to have carnal knowledge with a disabled person who is incapable of granting consent; to provide for a penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 561. By Senators Harp of the 29th, Staton of the 18th, Adelman of the 42nd, Henson of the 41st and Wiles of the 37th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to correct a scriveners error; to provide for students in professional level programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 562. By Senators Weber of the 40th and Williams of the 19th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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SB 563. By Senators Harp of the 29th, Rogers of the 21st, Reed of the 35th, Meyer von Bremen of the 12th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to increase the maximum per diem allowed to court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 564. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, the "Georgia Arbitration Code," so as to provide that an agreement of mandatory arbitration shall contain certain notices; to provide for an addendum to such agreements informing the parties of certain information relating to the arbitrators; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 565. By Senators Staton of the 18th, Unterman of the 45th, Schaefer of the 50th, Chance of the 16th, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to establish the Georgia Trauma Care Network Commission; to provide for its composition, membership, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 566. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, so as to change the corporate boundaries of such city; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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SB 567. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th:
A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 568. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th:
A BILL to be entitled an Act to incorporate the City of Dunwoody in DeKalb County; to provide for a charter for the City of Dunwoody; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, city internal auditor, and other personnel; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 569. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to revise certain provisions relating to the removal of new municipal corporations from county special districts for the provision of local government services; to provide for the offer of sale to a newly created municipality of county property used for parks and recreation purposes within the geographical boundaries of the new municipality; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum

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in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 570. By Senator Carter of the 13th:
A BILL to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields of motor vehicles, so as to authorize a person who is a certified optometrist to provide an attestation in support of a medical exemption for restrictions to limitations on reducing light transmission or increasing light reflectance on windows of motor vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SR 873. By Senators Stoner of the 6th, Wiles of the 37th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd:
A RESOLUTION commending the accomplishments of Emory Parrish and dedicating the Emory Parrish Interchange; and for other purposes.
Referred to the Transportation Committee.

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

HB 560. By Representatives Martin of the 47th, Jones of the 46th and Geisinger of the 48th:
A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions regarding the circumstances under which county boards of tax assessors can change the valuation of real property established on appeal; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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HB 661. By Representatives Reese of the 98th, Burmeister of the 119th, Burkhalter of the 50th, Brooks of the 63rd, Cummings of the 16th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for adoption of policies and procedures by local boards of education to provide information regarding school clubs and organizations to parents and legal guardians and to provide an opportunity to withhold permission to participate; to provide for legislative intent; to provide for definitions; to provide for annual notification by local school systems to parents and legal guardians; to require annual written parental or legal guardian permission for membership or participation in a school club or organization; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
HB 724. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to provide that such Code section does not restrict certain work of a plumber licensed by the Construction Industry Licensing Board; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 955. By Representatives Geisinger of the 48th, Chambers of the 81st, Millar of the 79th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the development and implementation of the TransCard or SmartCard fare payment system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and

THURSDAY, FEBRUARY 16, 2006

897

temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th:
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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 1182. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th, Fleming of the 117th, Smith of the 129th 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 sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain eligible hall of fame attractions; 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 repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th and others:
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

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designate the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.

HR 1226. By Representatives Lane of the 158th, Stephens of the 164th, Burns of the 157th, Ehrhart of the 36th, Parrish of the 156th and others:
A RESOLUTION authorizing and directing the Department of Natural Resources to initiate a "Georgia Quail Trail" and creating the Georgia Quail Trail Advisory Council; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HR 1425. By Representatives Wilkinson of the 52nd, Yates of the 73rd, Porter of the 143rd, Reece of the 27th, Cole of the 125th and others:
A RESOLUTION recognizing and commending the United Services Organization on its 65th anniversary; and for other purposes.
Referred to the Veterans and Military Affairs Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 445 Do Pass SB 545 Do Pass

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

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899

Mr. President:

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

SB 480 Do Pass by substitute

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

Mr. President:

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

HB 718 Do Pass by substitute SB 376 Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

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

HB 978

Do Pass as amended Respectfully submitted, Senator Balfour of the 9th District, Chairman

Mr. President:

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

SB 316 SB 455 SB 456

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

Respectfully submitted, Senator Shafer of the 48th District, Chairman

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Mr. President:

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

SB 419 Do Pass by substitute

Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman

Mr. President:

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

SB 518 Do Pass SB 519 Do Pass

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

Mr. President:

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

SR 864 Do Pass

Respectfully submitted, Senator Stephens of the 27th District, Chairman

The following legislation was read the second time:

HB 1107 SB 288 SB 406

SB 424 SB 462

SB 474 SB 485

SB 486 SB 489

SB 502 SB 525

SR 760 SR 823

Senator Hooks of the 14th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

Senator Goggans of the 7th asked unanimous consent that Senator Kemp of the 46th be excused. The consent was granted, and Senator Kemp was excused.

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901

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 Bulloch of the 11th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.
Senator Golden of the 8th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.
Senator Pearson of the 51st asked unanimous consent that Senator Schaefer of the 50th be excused. The consent was granted, and Senator Schaefer was excused.
Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.
The roll was called and the following Senators answered to their names:

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

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

Not answering were Senators:

Brown (Excused) Henson (Excused) Reed (Excused) Thompson, S (Excused)

Fort Kemp (Excused) Schaefer (Excused) Tolleson (Excused)

Smith Starr Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Unterman Weber Whitehead Wiles Williams
Harbison (Excused) Miles Stephens Zamarripa

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

The members pledged allegiance to the flag.
Senator Mullis of the 53rd introduced the chaplain of the day, Pastor Paul O'Neal of Rossville, Georgia, who offered scripture reading and prayer.
Senator Johnson of the 1st moved that pursuant to Senate Rule 8-1.8 the order of business be changed to accommodate the passage of legislation before the administrative readings.
There were no objections and the order of business was changed.

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

SENATE LOCAL CONSENT CALENDAR

Thursday, February 16, 2006 Twentieth Legislative Day

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

SB 518

Unterman of the 45th Cagle of the 49th CITY OF BUFORD

A BILL to be entitled an Act to create the Buford Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in City of Buford, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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.

SB 519

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903

Unterman of the 45th CITY OF SUWANEE
A BILL to be entitled an Act to create the Suwanee Gateway Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in City of Suwanee, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.

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

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

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

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones E Kemp
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 Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

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On the passage of the local legislation, the yeas were 44, nays 0.

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

SENATE RULES CALENDAR THURSDAY, FEBRUARY 16, 2006 TWENTIETH LEGISLATIVE DAY

SR 700 Juvenile Law Commission; creating/continuing (JUDY-30th)

SR 785

Joint Comprehensive State Trauma Services Study Committee; create (H&HS-1st)

SB 436

Technical/Adult Education, State Board of; meetings; change provisions (H ED-25th)

SB 507

Physicians for Rural Areas; priority for certain specialties; revise provisions (H&HS-54th)

Respectfully submitted,

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

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

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

SR 700. By Senators Hamrick of the 30th and Unterman of the 45th:

A RESOLUTION creating and continuing the Juvenile Law Commission; and for other purposes.

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

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

Y Adelman Y Balfour E Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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905

Y Bulloch Butler
Y 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 E Henson

Y Hudgens Y Johnson Y Jones E 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 Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

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

SR 700, having received the requisite constitutional majority, was adopted.

SR 785. By Senators Johnson of the 1st, Staton of the 18th, Williams of the 19th, Thomas of the 54th and Balfour of the 9th:

A RESOLUTION creating a Joint Comprehensive State Trauma Services Study Committee; and for other purposes.

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

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

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

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

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

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

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

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

On the adoption of the resolution, the yeas were 47, nays 0.

SR 785, having received the requisite constitutional majority, was adopted.

The following communication was received by the Secretary:

Senator Tommie Williams District 19 236 State Capitol Atlanta, GA 30334

Committees: Appropriations Finance Banking and Financial Institutions Reapportionment and Redistricting Rules Transportation

The State Senate Atlanta, Georgia 30334

Please record my vote on SR 785 as a yes vote.

/s/ Tommie Williams

Senator Hill of the 32nd introduced the doctor of the day, Dr. Susan Glander.

The Calendar was resumed.

SB 436. By Senators Grant of the 25th, Harp of the 29th, Tolleson of the 20th, Pearson of the 51st and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change certain provisions relating to meetings of the State Board of Technical and Adult Education; to provide an effective date; to repeal conflicting laws; and for other purposes.

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907

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

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

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

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones E 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 Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

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

SB 436, having received the requisite constitutional majority, was passed.

SB 507. By Senators Thomas of the 54th, Smith of the 52nd, Unterman of the 45th, Hill of the 32nd, Goggans of the 7th and others:

A BILL to be entitled an Act to amend Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, so as to revise the purpose of the chapter; to revise certain provisions regarding priority for certain specialties; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y 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 E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones E 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 507, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Brian Kemp District 46 324-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Public Safety and Homeland Security Higher Education Agriculture and Consumer Affairs Appropriations

February 16, 2006
Mr. Bob Ewing Secretary of the Senate The State Capitol Atlanta, GA 30334

The State Senate Atlanta, Georgia 30334

THURSDAY, FEBRUARY 16, 2006

909

Dear Mr. Ewing:
On Thursday, February 16, 2006, I was away from the Capitol for a previously scheduled meeting. This meeting was scheduled before I knew that the Senate would convene at 8:30 a.m.
I did not make it back to the Capitol in time to cast a vote on the legislation presented. However, I will be attending the three scheduled committee meetings that I have today.
Thank you.
Sincerely,
/s/ Brian P. Kemp
Senator Heath of the 31st asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Transportation Committee:
SB 335. By Senators Carter of the 13th, Johnson of the 1st, Schaefer of the 50th, Pearson of the 51st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, so as to restrict the location of certain sexually oriented billboards; to define certain terms; to provide for temporary exemptions; to provide punishments for violations; to provide for injunctive relief from nuisances; to provide legislative findings and declarations; to repeal certain provisions of law restricting outdoor advertising which were declared unconstitutional by the Georgia Supreme Court in the case of State v. Cafe Erotica, Inc., 270 Ga. 97 (1998); to repeal conflicting laws; and for other purposes.
The consent was granted, and SB 335 was committed to the Senate Transportation Committee.
Senator Johnson of the 1st asked unanimous consent that while in recess the Secretary of the Senate be directed to cast the votes of the Senate to insist on its substitute to HB 1026 and at the appropriate time to adhere to the Senate substitute to HB 1026 and appoint as a Conference Committee the following Senators: Williams of the 19th, Hill of the 4th and Stephens of the 27th.
There were no objections and the consent was granted.

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The following resolutions were read and adopted:
SR 874. By Senators Kemp of the 46th, Tolleson of the 20th, Carter of the 13th, Chapman of the 3rd, Miles of the 43rd and others:
A RESOLUTION commending E. Lanier "Lanny" Finch; and for other purposes.
SR 875. By Senators Thompson of the 33rd, Balfour of the 9th, Tate of the 38th, Hill of the 32nd, Hooks of the 14th and others:
A RESOLUTION recognizing the twenty-third annual GAE Legislative Conference Day; and for other purposes.
SR 876. By Senators Shafer of the 48th, Golden of the 8th, Cagle of the 49th, Heath of the 31st, Staton of the 18th and others:
A RESOLUTION proclaiming February 15, 2006, as "High Tech Day" in Georgia; and for other purposes.
SR 937. By Senator Zamarripa of the 36th:
A RESOLUTION commending Mrs. Rosel J. Fann; and for other purposes.
SR 938. By Senator Zamarripa of the 36th:
A RESOLUTION commending Zoo Atlanta; and for other purposes.

The following legislation on the Consent Calendar for Privileged Resolutions was read and adopted:
SR 877. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Stephanie Wright for outstanding contributions to education in Georgia; and for other purposes.
SR 878. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Laura Stokes for outstanding contributions to education in Georgia; and for other purposes.

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911

SR 879. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Debra Rouse for outstanding contributions to education in Georgia; and for other purposes.
SR 880. By Senator Harbison of the 15th:
A RESOLUTION commending Mr. Eric Grigsby for outstanding contributions to education in Georgia; and for other purposes.
SR 881. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Angel Cash for outstanding contributions to education in Georgia; and for other purposes.
SR 882. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Kristina Tramel for outstanding contributions to education in Georgia; and for other purposes.

SR 883. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Kathryn Agnew for outstanding contributions to education in Georgia; and for other purposes.
SR 884. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Terri Benson for outstanding contributions to education in Georgia; and for other purposes.

SR 885. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Elsa Fedde for outstanding contributions to education in Georgia; and for other purposes.
SR 886. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Sandra Beattie for outstanding contributions to education in Georgia; and for other purposes.

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SR 887. By Senator Harbison of the 15th:
A RESOLUTION commending Mr. George Franks for outstanding contributions to education in Georgia; and for other purposes.
SR 888. By Senator Harbison of the 15th:
A RESOLUTION commending Mr. Richard Ogan for outstanding contributions to education in Georgia; and for other purposes.
SR 889. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Nichole Foster for outstanding contributions to education in Georgia; and for other purposes.
SR 890. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Paige Pirkle for outstanding contributions to education in Georgia; and for other purposes.
SR 891. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Jill Sammons for outstanding contributions to education in Georgia; and for other purposes.

SR 892. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Lula Bass for outstanding contributions to education in Georgia; and for other purposes.
SR 893. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Inez Parker for outstanding contributions to education in Georgia; and for other purposes.

SR 894. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Tami Lee for outstanding contributions to education in Georgia; and for other purposes.

THURSDAY, FEBRUARY 16, 2006

913

SR 895. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Rebecca Kimbrel for outstanding contributions to education in Georgia; and for other purposes.

SR 896. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Paula Thompson for outstanding contributions to education in Georgia; and for other purposes.
SR 897. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Kathy Houston for outstanding contributions to education in Georgia; and for other purposes.
SR 898. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Kathryn Roberts for outstanding contributions to education in Georgia; and for other purposes.

SR 899. By Senator Harbison of the 15th:
A RESOLUTION commending Dr. Christopher Spraggins for outstanding contributions to education in Georgia; and for other purposes.
SR 900. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Betty Walker for outstanding contributions to education in Georgia; and for other purposes.
SR 901. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Marilyn Wilson for outstanding contributions to education in Georgia; and for other purposes.
SR 902. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Burma Williams for outstanding contributions to education in Georgia; and for other purposes.

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SR 903. By Senator Harbison of the 15th:
A RESOLUTION commending Mr. Thadias Oliver for outstanding contributions to education in Georgia; and for other purposes.
SR 904. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Heather McCrone for outstanding contributions to education in Georgia; and for other purposes.
SR 905. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Beth Hendrickson for outstanding contributions to education in Georgia; and for other purposes.

SR 906. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Linda Wakefield for outstanding contributions to education in Georgia; and for other purposes.
SR 907. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Debra Terrell for outstanding contributions to education in Georgia; and for other purposes.
SR 908. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Brenda Hancock for outstanding contributions to education in Georgia; and for other purposes.

SR 909. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Diane Ventimiglia for outstanding contributions to education in Georgia; and for other purposes.
SR 910. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Jacquelyn Lewis for outstanding contributions to education in Georgia; and for other purposes.

THURSDAY, FEBRUARY 16, 2006

915

SR 911. By Senator Harbison of the 15th:
A RESOLUTION commending and recognizing Mrs. Virginia T. Peebles as the 2005 Sarah Turner Butler Heritage Award Recipient.
SR 912. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Melissa Hill for outstanding contributions to education in Georgia; and for other purposes.
SR 913. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Amelia Stanelle for outstanding contributions to education in Georgia; and for other purposes.
SR 914. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Clarel Fowler for outstanding contributions to education in Georgia; and for other purposes.
SR 915. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Lori Schorr for outstanding contributions to education in Georgia; and for other purposes.
SR 916. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Sharon Anderson for outstanding contributions to education in Georgia; and for other purposes.
SR 917. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Carolyn Sumrall for outstanding contributions to education in Georgia; and for other purposes.
SR 918. By Senator Harbison of the 15th:
A RESOLUTION commending Coach Herbert Greene; and for other purposes.
SR 919. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Wendy DuToit for outstanding contributions to education in Georgia; and for other purposes.

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SR 920. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Jody Marino for outstanding contributions to education in Georgia; and for other purposes.
SR 921. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Evelyn Talley for outstanding contributions to education in Georgia; and for other purposes.
SR 922. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Kelley Taylor for outstanding contributions to education in Georgia; and for other purposes.
SR 923. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Maria Holloway for outstanding contributions to education in Georgia; and for other purposes.
SR 924. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Kim Cason for outstanding contributions to education in Georgia; and for other purposes.
SR 925. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Keisha Gadson for outstanding contributions to education in Georgia; and for other purposes.
SR 926. By Senator Harbison of the 15th:
A RESOLUTION remembering and commemorating Bernard "Buster" Kite for his contributions to the Columbus, Georgia, community; and for other purposes.

SR 927. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Karen Stephenson for outstanding contributions to education in Georgia; and for other purposes.

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917

SR 928. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Lori Denham for outstanding contributions to education in Georgia; and for other purposes.
SR 929. By Senator Harbison of the 15th:
A RESOLUTION commending Mr. John Davis for outstanding contributions to education in Georgia; and for other purposes.
SR 930. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Debbie Moore for outstanding contributions to education in Georgia; and for other purposes.
SR 931. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Lisa Byrd for outstanding contributions to education in Georgia; and for other purposes.
SR 932. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Stephanie Dalton for outstanding contributions to education in Georgia; and for other purposes.

SR 933. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Laura Chandler for outstanding contributions to education in Georgia; and for other purposes.

SR 934. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Mary Carmen Brooks for outstanding contributions to education in Georgia; and for other purposes.

SR 935. By Senator Harbison of the 15th:
A RESOLUTION commending Mr. Larry Stewart for outstanding contributions to education in Georgia; and for other purposes.

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SR 936. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Ivette Cordero for outstanding contributions to education in Georgia; and for other purposes.
Senator Williams of the 19th moved that the Senate stand in recess until 5:00 p.m. today, then adjourn until 1:00 p.m. Tuesday, February 21, 2006.
At 9:19 a.m. the President announced that the motion prevailed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following Bill of the House:
HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).
The following bill was taken up to consider House action thereto:
HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).
Pursuant to a previously adopted motion the Senate insisted on its substitute to HB 1026.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

THURSDAY, FEBRUARY 16, 2006

919

HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).
The Speaker has appointed on the part of the House, Representatives Burkhalter of the 50th, Harbin of the 118th, Keen of the 179th.
The following bill was taken up to consider House action thereto:
HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).
Pursuant to a previously adopted motion the Senate adhered to its substitute to HB 1026 and a Conference Committee was appointed.
The President had appointed as a Conference Committee the following Senators: Williams of the 19th, Hill of the 4th and Stephens of the 27th.
Pursuant to a previously adopted motion, the Senate adjourned at 5:00 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 21, 2006 Twenty-first Legislative Day

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

Senator Stephens of the 27th reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

The following 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 57.

By Representatives Ralston of the 7th and Powell of the 29th:

A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to protect physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1151. By Representatives Cole of the 125th, Roberts of the 154th, Smith of the 129th and Golick of the 34th:

A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the Board of Trustees of the Employees Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering certain deferred compensation plans; to provide for the transfer of certain accounts and funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 21, 2006

921

HB 1312. By Representative Royal of the 171st:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Mitchell County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1322. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Covington; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to repeal conflicting laws; and for other purposes.

HB 1324. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th:
A BILL to be entitled an Act to repeal an Act creating a Small Claims Court in and for Columbia County, approved February 28, 1973 (Ga. L. 1973, p. 2032); to repeal conflicting laws; and for other purposes.

HB 1327. By Representatives Warren of the 122nd, Murphy of the 120th, Burmeister of the 119th, Howard, E. of the 121st and Anderson of the 123rd:
A BILL to be entitled an Act to authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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HB 1328. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th:
A BILL to be entitled an Act to amend an Act creating the Magistrate Court of Columbia County, approved May 6, 2005 (Ga. L. 2005, p. 3959), so as to change the educational requirements for magistrates; to repeal conflicting laws; and for other purposes.
HB 1329. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to authorize the City of Covington to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 1332. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Terrell County; to repeal conflicting laws; and for other purposes.
HB 1333. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Terrell County; to repeal conflicting laws; and for other purposes.

HB 1334. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th:
A BILL to be entitled an Act to authorize Athens-Clarke 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.

TUESDAY, FEBRUARY 21, 2006

923

HB 1348. By Representatives Lucas of the 139th, Randall of the 138th, Graves of the 137th, Freeman of the 140th and Cole of the 125th:
A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners Pension Plan," approved December 20, 1953 (Ga. L. 1953 November-December Session, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3946), so as to provide a severance option for persons who terminate membership in such plan; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House has adopted by the requisite constitutional majority the following Resolution of the House:
HR 1258. By Representatives Amerson of the 9th, Williams of the 4th, Reece of the 27th, Ralston of the 7th and Hembree of the 67th:
A RESOLUTION establishing the Appalachian Studies Center at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Studies Center; and for other purposes.

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

SB 390.

By Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of the 45th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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SB 571. By Senators Wiles of the 37th and Hill of the 32nd:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3659), so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others:
A BILL to be entitled an Act 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 establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 573. By Senators Carter of the 13th and Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 574. By Senators Bulloch of the 11th, Tolleson of the 20th, Carter of the 13th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that no municipal corporation shall be incorporated which has the same name as an existing municipal corporation or a name which is confusingly similar to that of an existing municipal

TUESDAY, FEBRUARY 21, 2006

925

corporation; to provide for certification of compliance; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 575. By Senators Harp of the 29th, Hooks of the 14th, Thomas of the 54th, Heath of the 31st, Grant of the 25th and others:
A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, so as to change certain provisions relating to a water supply and water conservation management plan for the district; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 576. By Senators Miles of the 43rd, Tate of the 38th, Butler of the 55th, Fort of the 39th, Jones of the 10th and others:
A BILL to be entitled an Act to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide for the submission of data relating to an individuals employer for applicants and their dependents receiving health care benefits under the state Medicaid program, PeachCare for Kids Program, or any other state funded or administered health care program; to provide that the Department of Community Health submit an annual report to the General Assembly regarding the data relating to the employers; to provide that the report shall be available to any member of the public upon request; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 577. By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues of Madison County, Georgia," approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988, p. 4692), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4716), so as to provide for a quorum; to allow for the vote of the chairperson; to abolish the office of treasurer; to authorize the position of chief financial officer; to provide for salaries and expenses; to provide for the establishment of policies; to provide for public hearings; to provide for a

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referendum; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 578. By Senators Whitehead, Sr. of the 24th, Cagle of the 49th, Hudgens of the 47th, Tolleson of the 20th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the O.C.G.A., relating to sewage holding tanks, and Chapter 2 of Title 31 of the O.C.G.A., relating to the Department of Human Resources, so as to provide that a commercial waste tank truck receiving or disposing of commercial waste may be inspected and permitted annually pursuant to rules and regulations promulgated by the Department of Human Resources; to provide for certain provisions allowing for the satisfaction of Title 12 inspection requirements by inspections required in Title 31; to provide for certain provisions allowing for the satisfaction of Title 31 inspection requirements by inspections required in Title 12; to provide that inspections satisfied in one county or municipality in the state shall be accepted throughout the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 579. By Senators Miles of the 43rd, Tate of the 38th, Butler of the 55th, Fort of the 39th, Jones of the 10th and others:
A BILL to be entitled an Act 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 require employers to annually report to the commissioner of community health information regarding employees and health care coverage; to provide for definitions; to provide for funds to be paid to the state by employers that do not spend a certain percentage of wages on health care benefits for their employees; to provide for penalties; to provide for powers, duties, and authority of the commissioner of community health; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

TUESDAY, FEBRUARY 21, 2006

927

SB 580. By Senator Reed of the 35th:
A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for new provisions relating to the licensing of such professionals; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Regulated Industries and Utilities Committee.

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

HB 57. By Representatives Ralston of the 7th and Powell of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to protect physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

HB 1151. By Representatives Cole of the 125th, Roberts of the 154th, Smith of the 129th and Golick of the 34th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the Board of Trustees of the Employees Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering certain deferred compensation plans; to provide for the transfer of certain accounts and funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Retirement Committee.

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HB 1312. By Representative Royal of the 171st:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Mitchell County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1322. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Covington; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1324. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th:
A BILL to be entitled an Act to repeal an Act creating a Small Claims Court in and for Columbia County, approved February 28, 1973 (Ga. L. 1973, p. 2032); to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1327. By Representatives Warren of the 122nd, Murphy of the 120th, Burmeister of the 119th, Howard, E. of the 121st and Anderson of the 123rd:
A BILL to be entitled an Act to authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to

TUESDAY, FEBRUARY 21, 2006

929

provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1328. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th:
A BILL to be entitled an Act to amend an Act creating the Magistrate Court of Columbia County, approved May 6, 2005 (Ga. L. 2005, p. 3959), so as to change the educational requirements for magistrates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1329. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to authorize the City of Covington to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1332. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Terrell County; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1333. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk

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of the superior court to serve as clerk of the Probate Court of Terrell County; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1334. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th:
A BILL to be entitled an Act to authorize Athens-Clarke 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.
Referred to the State and Local Governmental Operations Committee.

HB 1348. By Representatives Lucas of the 139th, Randall of the 138th, Graves of the 137th, Freeman of the 140th and Cole of the 125th:
A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners Pension Plan," approved December 20, 1953 (Ga. L. 1953 November-December Session, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3946), so as to provide a severance option for persons who terminate membership in such plan; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HR 1258. By Representatives Amerson of the 9th, Williams of the 4th, Reece of the 27th, Ralston of the 7th and Hembree of the 67th:
A RESOLUTION establishing the Appalachian Studies Center at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Studies Center; and for other purposes.
Referred to the Higher Education Committee.
The following committee reports were read by the Secretary:

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931

Mr. President:
The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 229 Do Pass by substitute
Respectfully submitted, Senator Bulloch of the 11th District, Chairman
Mr. President:
The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 415 Do Pass by substitute
Respectfully submitted, Senator Harp of the 29th District, Chairman
Mr. President:
The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 412 Do Pass as amended SB 472 Do Pass
Respectfully submitted, Senator Hudgens of the 47th District, Chairman
Mr. President:
The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 989 Do Pass
Respectfully submitted, Senator Smith of the 52nd District, Chairman

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Mr. President:

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

SB 434 Do Pass SR 818 Do Pass

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

Mr. President:

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

HB 1032 Do Pass SB 454 Do Pass SB 481 Do Pass

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

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

SB 547 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 400 Do Pass HB 1020 Do Pass

Respectfully submitted, Senator Heath of the 31st District, Chairman

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933

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 816 Do Pass HB 1207 Do Pass

HB 1265 Do Pass SB 501 Do Pass

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

The following legislation was read the second time:

HB 718 HB 978

SB 376 SB 419

SB 445 SB 455

SB 456 SB 480

SB 545

SR 864

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 Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

Senator Tolleson of the 20th asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

Senator Schaefer of the 50th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

Senator Schaefer of the 50th asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson was excused.

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

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

Adelman Brown Butler

Hill,Jack Hill,Judson Hooks

Smith Staton Stephens

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

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

Stoner Tarver Tate Thomas,D Thomas,R Thompson,S Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Balfour (Excused) Reed (Excused)

Bulloch (Excused) Starr (Excused)

Pearson (Excused) Thompson, C (Excused)

The members pledged allegiance to the flag.

Senator Hill of the 4th introduced the chaplain of the day, Reverend Max Alderman of Statesboro, Georgia, who offered scripture reading and prayer.

Senator Staton of the 18th recognized the family of Corporal William Grady Taylor, honored by SR 667, adopted previously.

Senator Miles of the 43rd recognized Elisabeth Williams-Omilami and Afemo Omilami, commended by SR 707, adopted previously.

Senator Hill of the 32nd introduced the doctor of the day, Dr. James Hornsby.

Senator Chance of the 16th recognized the Peachtree City Police Department, commended by SR 805, adopted previously.

The following resolution was read and adopted:

SR 947. By Senator Adelman of the 42nd:

A RESOLUTION commending the Truancy Intervention Project; and for other purposes.

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935

Senator Adelman of the 42nd recognized Jessica Pennington and other representatives of the Truancy Intervention Project, commended by SR 947.
Senator Shafer of the 48th introduced Kathy Evans and other representatives of Hall County, commended by SR 859, adopted previously.
The following resolutions were read and adopted:
SR 939. By Senator Bulloch of the 11th:
A RESOLUTION commemorating the 150th anniversary of the founding of Colquitt County; and for other purposes
SR 940. By Senators Bulloch of the 11th, Tolleson of the 20th, Carter of the 13th, Cagle of the 49th, Pearson of the 51st and others:
A RESOLUTION recognizing and commending the Future Farmers of America; and for other purposes
SR 941. By Senator Meyer von Bremen of the 12th:
A RESOLUTION commending the Randolph-Clay High School boys basketball team and their coach, Joe Williams; and for other purposes
SR 942. By Senator Schaefer of the 50th:
A RESOLUTION recognizing and commending the Habersham County Farm Bureau; and for other purposes.
SR 943. By Senators Hill of the 4th and Douglas of the 17th:
A RESOLUTION declaring support for dedicating the Statesboro Armory to the memory of Brigadier General Terrell T. Reddick; and for other purposes.
SR 944. By Senator Rogers of the 21st:
A RESOLUTION commending Stephen Drew Wagner on becoming an Eagle Scout; and for other purposes.
SR 945. By Senator Tolleson of the 20th:
A RESOLUTION commending the State of Israel in its fight against terrorism; and for other purposes.

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SR 946. By Senator Jones of the 10th:
A RESOLUTION commending the Southwest DeKalb High School "Marching Panther" Band; and for other purposes.
Senator Douglas of the 17th asked unanimous consent that the following bills be withdrawn from the Senate Public Safety and Homeland Security Committee and committed to the Senate Veterans and Military Affairs Committee:
SB 538. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 539. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Operation Enduring Freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 523. By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The consent was granted, and SB 538, SB 539 and SB 523 were committed to the Senate Veterans and Military Affairs Committee.

TUESDAY, FEBRUARY 21, 2006

937

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

SENATE LOCAL CONSENT CALENDAR

Tuesday, February 21, 2006 Twenty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.)

SB 501

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

A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, so as to increase the amount of such supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 816

Bulloch of the 11th CITY OF CAIRO IN GRADY COUNTY

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.

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HB 1207

Schaefer of the 50th CITY OF HARTWELL

A BILL to be entitled an Act to amend the "City of Hartwell Recreation Authority Act," approved April 4, 1996 (Ga. L. 1996, p. 3998), so as to authorize the Hartwell Recreation Authority to lease, sell, transfer, or otherwise dispose of real or tangible personal property owned by the authority; to provide for the disposition of proceeds resulting from the transfer of ownership interests of such property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1265

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3620), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

TUESDAY, FEBRUARY 21, 2006

939

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

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

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

On the passage of the local legislation, the yeas were 52, nays 1.

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

SENATE RULES CALENDAR TUESDAY, FEBRUARY 21, 2006 TWENTY-FIRST LEGISLATIVE DAY

SR 760 Dr. Eddie Marlow Medical Clinic; dedicate (SI&P-54th)

SR 823 Public Property; conveyance; 13 counties (SI&P-25th)

HB 1137 House Districts 46, 48, 50, and 51; provide for composition (R&R-21st) Geisinger-48th

Respectfully submitted,

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

Senator Moody of the 56th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

The following legislation was read the third time and put upon its passage:
SR 760. By Senators Thomas of the 54th and Mullis of the 53rd:
A RESOLUTION honoring the memory of Dr. Eddie Marlow and designating the Dalton Regional Youth Detention Center Medical Clinic as the Dr. Eddie Marlow Medical Clinic; and for other purposes.

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

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

Y Adelman E Balfour Y Brown Y 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

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

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

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

SR 760, having received the requisite constitutional majority, was adopted.

The following communication was read by the Secretary:

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

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

The State Senate Atlanta, Georgia 30334

February 21, 2006

TUESDAY, FEBRUARY 21, 2006

941

Mr. Bob Ewing Secretary of the Senate
Dear Mr. Secretary:
During the vote on SR 760, I was having difficulty voting and consequently was not able to cast my support for this legislation. Please reflect my support of the legislation in our Journal.
/s/ Dan Moody

SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 53, nays 0.

SR 823, having received the requisite constitutional majority, was adopted.

HB 1137. By Representatives Geisinger of the 48th, Jones of the 46th, Rice of the 51st and Burkhalter of the 50th:
A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 46, 48, 50, and 51; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Rogers of the 21st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

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

TUESDAY, FEBRUARY 21, 2006

943

N Harbison

Y Schaefer

Y Harp

Y Seabaugh

Y Heath

N Seay

N Henson

Y Shafer,D

On the passage of the bill, the yeas were 33, nays 21.

Y Wiles Y Williams N Zamarripa

HB 1137, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 22, 2006.

The motion prevailed, and the President announced the Senate adjourned at 2:38 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 22, 2006 Twenty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Moody of the 56th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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

HB 535.

By Representatives Cox of the 102nd, Rice of the 51st and Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to remove the penalties for failure to remit funds; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

HB 832.

By Representatives McCall of the 30th and Hudson of the 124th:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physicians assistants, so as to provide for actions of such assistants with regard to professional samples; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 22, 2006

945

HB 983.

By Representatives Chambers of the 81st, Ehrhart of the 36th, Willard of the 49th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit certain acts relating to gasoline containing methyl tertiary-butyl ether; to repeal conflicting laws; and for other purposes.

HB 1055. By Representatives Keown of the 173rd, Freeman of the 140th, Hill of the 21st, Setzler of the 35th, Black of the 174th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a short title; to provide for the adoption and implementation of Internet safety policies in public schools; to provide for the adoption and implementation of Internet safety policies in public libraries; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1236. By Representatives Wilkinson of the 52nd and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to provide for the registration of certain motor vehicles in the county where such vehicles are functionally located; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1241. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Fleming of the 117th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the athletic association provides for certain eligibility conditions for student athletes; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1343. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd:
A BILL to be entitled an Act to authorize Cherokee 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.
HB 1344. By Representatives Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th, Manning of the 32nd, Golick of the 34th and others:
A BILL to be entitled an Act to provide for legislative declarations with respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County; to repeal conflicting laws; and for other purposes.
HB 1345. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th and Setzler of the 35th:
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, so as to change the provision relating to the term or duration of franchise agreements; to repeal conflicting laws; and for other purposes.
HB 1346. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Johnson of the 37th and Setzler of the 35th:
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, so as to change the charter provision relating to what shall constitute a quorum; to repeal conflicting laws; and for other purposes.

HB 1347. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th, Johnson of the 37th and Setzler of the 35th:
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, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 22, 2006

947

HB 1350. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3105), so as to provide for terms for the members of the board of commissioners of Oconee County; to provide for elections; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1351. By Representatives Dickson of the 6th and Meadows of the 5th:
A BILL to be entitled an Act to provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; 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 1354. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st:
A BILL to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner; to provide for related matters; to provide an effective date; 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 246.

By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:
A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions

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relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Graves of the 137th, Parrish of the 156th, Stephens of the 164th.
The following Senate legislation was introduced, read the first time and referred to committee:

SB 581. By Senators Mullis of the 53rd, Tolleson of the 20th, Carter of the 13th, Thomas of the 54th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public Safety Training Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 582. By Senators Pearson of the 51st, Cagle of the 49th, Schaefer of the 50th, Rogers of the 21st and Douglas of the 17th:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that students who have completed a home study program who apply for admission to member institutions of the University System of Georgia as an undergraduate student and who meet certain criteria shall be considered for admission under the same basis; to authorize the board of regents to promulgate rules and regulations regarding such admissions; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 583. By Senators Hamrick of the 30th and Shafer of the 48th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for criminal trials, so as to provide a method for the waiver of the right to trial by jury in a

WEDNESDAY, FEBRUARY 22, 2006

949

criminal case; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SR 954. By Senators Hamrick of the 30th and Smith of the 52nd:
A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Criminal Defense Representation in Indigent Criminal Cases," hereinafter referred to as the "Performance Standard"; to provide for an effective date; and for other purposes.
Referred to the Judiciary Committee.

SR 955. By Senators Hamrick of the 30th and Smith of the 52nd:
A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases," hereinafter referred to as the "Performance Standard in Juvenile Court"; to provide for an effective date; and for other purposes.
Referred to the Judiciary Committee.

SR 961. By Senator Schaefer of the 50th:
A RESOLUTION urging the United States Congress to enact S. 520 and H.R. 1070; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 535. By Representatives Cox of the 102nd, Rice of the 51st and Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to remove the penalties for failure to remit funds; to provide for related matters; to provide

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for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 832. By Representatives McCall of the 30th and Hudson of the 124th:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physicians assistants, so as to provide for actions of such assistants with regard to professional samples; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

HB 983. By Representatives Chambers of the 81st, Ehrhart of the 36th, Willard of the 49th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit certain acts relating to gasoline containing methyl tertiary-butyl ether; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

HB 1055. By Representatives Keown of the 173rd, Freeman of the 140th, Hill of the 21st, Setzler of the 35th, Black of the 174th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a short title; to provide for the adoption and implementation of Internet safety policies in public schools; to provide for the adoption and implementation of Internet safety policies in public libraries; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
HB 1236. By Representatives Wilkinson of the 52nd and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to provide for the registration of certain motor vehicles in

WEDNESDAY, FEBRUARY 22, 2006

951

the county where such vehicles are functionally located; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 1241. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Fleming of the 117th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the athletic association provides for certain eligibility conditions for student athletes; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

HB 1343. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd:
A BILL to be entitled an Act to authorize Cherokee 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.
Referred to the State and Local Governmental Operations Committee.
HB 1344. By Representatives Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th, Manning of the 32nd, Golick of the 34th and others:
A BILL to be entitled an Act to provide for legislative declarations with respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1345. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th and Setzler of the 35th:
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, so as to change the provision relating to the term or duration of franchise agreements; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1346. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Johnson of the 37th and Setzler of the 35th:
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, so as to change the charter provision relating to what shall constitute a quorum; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1347. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th, Johnson of the 37th and Setzler of the 35th:
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, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1350. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3105), so as to provide for terms for the members of the board of commissioners of Oconee County; to provide for elections; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

WEDNESDAY, FEBRUARY 22, 2006

953

HB 1351. By Representatives Dickson of the 6th and Meadows of the 5th:
A BILL to be entitled an Act to provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; 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 1354. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st:
A BILL to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:
The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 413 Do Pass by substitute SB 515 Do Pass by substitute
Respectfully submitted, Senator Moody of the 56th District, Chairman

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Mr. President:
The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 532 Do Pass by substitute
Respectfully submitted, Senator Kemp of the 46th 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:
Pursuant to Senate Rule 2-1.10(b) the Senate Rules Committee ordered the following legislation withdrawn from the Senate General Calendar and recommitted:
SB 64. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Ordered committed to the Rules Committee.
SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd:
A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties;

WEDNESDAY, FEBRUARY 22, 2006

955

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

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

Respectfully Submitted, Senator Hamrick of the 30th District, Vice-Chairman

Mr. President:

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

SB 395 Do Pass by substitute

Respectfully submitted, Senator Shafer of the 48th District, Chairman

The following legislation was read the second time:

HB 400 HB 989 HB 1020

HB 1032 SB 229

SB 412 SB 415

SB 434 SB 454

SB 472 SB 481

SB 547 SR 818

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.
Senator Seay of the 34th asked unanimous consent that Senator Miles of the 43rd be excused. The consent was granted, and Senator Miles was excused.
Senator Chance of the 16th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.
Senator Pearson of the 51st asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.
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.

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

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

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

Shafer,D Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thompson,C Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Cagle (Excused) Thomas, R

Miles (Excused) Thompson, S (Excused)

Seabaugh (Excused) Tolleson (Excused)

The members pledged allegiance to the flag.

Senator Whitehead of the 24th introduced the chaplain of the day, Coach Mark Richt of Athens, Georgia, who offered scripture reading and prayer.

Pursuant to Senate Rule 8-1.8, Senator Johnson of the 1st moved to change the Order of Business to allow for consideration of SR 639 and SR 864 on today's Senate Rules Calendar.

There were no objections and the Order of Business was changed.

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 22, 2006 TWENTY-SECOND LEGISLATIVE DAY

SR 639 SGT Mike Stokely Memorial Highway; dedicate (PF) (TRANS-28th)

SR 864 SGT Mike Stokely Memorial Highway; dedicating (TRANS-17th)

SB 288 SB 406
SB 424 SB 462 SB 474
SB 485
SB 486 SB 489 SB 502 SB 525 SB 545 SB 244 HB 978

WEDNESDAY, FEBRUARY 22, 2006

957

Grade Integrity Act; teacher not required to change grade; ethical violation (Substitute)(ED&Y-21st)
Life Settlements; revise definitions; provide additional grounds to renew the license of insurance producers; editorial revisions (Substitute)(I&L-47th)
Compulsory Attendance; students' parent in military; granted excused absences to visit parent prior to deployment (Substitute)(ED&Y-16th)
Sheriffs; authority of courthouse security; remove courthouses/jails from list of properties protected (PS&HS-13th)
Student Health and Fitness Act; establish health advisory councils; require local boards of education to adopt school health program (Substitute)(ED&Y-13th)
Rules of Road; persons convicted of speeding violations; display habitual speeder bumper sticker; condition of probation (Amendment)(PS&HS-50th)
Employment Security Law; exempt direct sellers from definition of employment (I&L-9th)
Drivers' Licenses; require certain specified new drivers to display a new driver bumper decal (Amendment)(PS&HS-9th)
Motor Vehicles; operating while under the influence; comprehensive revision; modernization; reform laws of state (Substitute)(PS&HS-30th)
Tax Executions; change provisions regarding issuance; definition; procedures (FIN-19th)
Bingo Games; nonprofit, tax-exempt organization; provide definition (ECD-53rd)
Magistrates Retirement Fund; define terms; create board of commissioners; powers (Substitute)(RET-47th)
Capitol Art Standards Commission; create (Amendment) (RULES-14th) Hill-21st

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Respectfully submitted,

/s/ Hamrick of the 30th, Vice-Chairman Senate Rules Committee

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.

Senator Douglas of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused.

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

SR 639. By Senator Seabaugh of the 28th:

A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes.

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

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

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

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

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959

On the adoption of the resolution, the yeas were 45, nays 0.

SR 639, having received the requisite constitutional majority, was adopted.

The following communication was received by the Secretary:

Senator Chip Pearson District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Transportation Agriculture and Consumer Affairs Appropriations Regulated Industries and Utilities

The State Senate Atlanta, Georgia 30334

2/22/06

Mr. Bob Ewing Secretary of the Senate

In voting on SR 639 I pushed the wrong button. I meant to vote Yes (Green).

/s/ Chip Pearson

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.

SR 864. By Senators Douglas of the 17th and Hudgens of the 47th:

A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Cagle

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

Y Smith Starr
Y Staton Y Stephens E Stoner Y Tarver

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

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

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

On the adoption of the resolution, the yeas were 50, nays 0.

SR 864, having received the requisite constitutional majority, was adopted.

Senator Douglas of the 17th recognized representatives of the Georgia National Guard, commended by SR 857, adopted previously. General Poythress addressed the Senate briefly.

Senator Hill of the 4th recognized the family of Brigadier General Terrell T. Reddick, commended by SR 943, adopted previously.

Senator Chapman of the 3rd introduced the doctor of the day Dr. Harold Kent.

Senator Golden of the 8th recognized the Lowndes High School Viking Football Team and Georgia Bridgemen Band, commended by SR 819 and SR 820, adopted previously.

Senator Golden of the 8th recognized Police Chief of Valdosta, Georgia, C. Frank Simons, commended by SR 662, adopted previously.

Senator Mullis of the 53rd asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Public Safety and Homeland Security Committee:

SB 301. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for a technology fee to be collected in certain courts; to provide for the uses of said technology fee; to provide for technology

WEDNESDAY, FEBRUARY 22, 2006

961

boards in each judicial circuit; to provide an effective date; to provide for a repealer; to provide for related matters; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 301 was committed to the Senate Public Safety and Homeland Security Committee.
Senator Douglas of the 17th asked unanimous consent that the following bill be withdrawn from the Senate Public Safety and Homeland Security Committee and committed to the Senate Veterans and Military Affairs Committee:

SB 402. By Senators Jones of the 10th, Douglas of the 17th, Hill of the 4th, Adelman of the 42nd, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, so as to create a free distinctive license plate for recipients of the Bronze Star; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 402 was committed to the Senate Veterans and Military Affairs Committee.
The following resolutions were read and adopted:
SR 948. By Senator Adelman of the 42nd:
A RESOLUTION commending Mrs. Isabella Blakes Copridge; and for other purposes
SR 949. By Senator Adelman of the 42nd:
A RESOLUTION recognizing and commending YouthBuild USA, a national, nonprofit organization benefiting low-income youth; and for other purposes
SR 950. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending James E. Waldron III on becoming an Eagle Scout; and for other purposes.

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SR 951. By Senator Unterman of the 45th:
A RESOLUTION honoring and remembering Martha Talbot Eaves; and for other purposes.
SR 952. By Senator Unterman of the 45th:
A RESOLUTION acknowledging the contributions of senior Georgians and establishing the week of February 27 through March 3, 2006, as Senior Week at the Capitol; and for other purposes.
SR 953. By Senator Unterman of the 45th:
A RESOLUTION commending Reverend Larry Wynn; and for other purposes.
SR 956. By Senator Tarver of the 22nd:
A RESOLUTION commending the Augusta State University Gospel Ensemble; and for other purposes.
SR 957. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION commending Mr. Henry M. Huckaby on his public service and congratulating him on the occasion of his retirement; and for other purposes.
SR 958. By Senators Douglas of the 17th and Jones of the 10th:
A RESOLUTION congratulating the Henry County High School wrestling team on winning the 4AAAA State Dual Championship; and for other purposes.
SR 959. By Senators Wiles of the 37th, Hill of the 32nd, Stoner of the 6th, Thompson of the 33rd and Rogers of the 21st:
A RESOLUTION remembering and honoring the life of Mrs. Linda Church; and for other purposes.
SR 960. By Senator Hill of the 4th:
A RESOLUTION remembering and honoring the life of Mr. Willard Overton Hagin; and for other purposes.

WEDNESDAY, FEBRUARY 22, 2006

963

The Calendar was resumed.
The following legislation was read the third time and put upon its passage:
SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Education and Youth Committee offered the following substitute to SB 288:
A BILL TO BE ENTITLED AN ACT
To amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2006"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Grade Integrity Act of 2006."
SECTION 2. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by inserting at the end thereof a new Part 12 to read as follows:
Part 12 20-2-989.20. (a) No classroom teacher shall be required, coerced, intimidated, or disciplined in any manner by the local board of education, superintendent, or any local school administrator to change the grade of a student. A violation of this Code section shall constitute an ethics violation reportable to the Professional Standards Commission pursuant to Part 10 of this article.

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(b) Nothing in this Code section shall be construed to prevent a principal or other local school administrator from discussing the grade of a student with a classroom teacher. (c) Nothing in this Code section shall be construed to prevent a central office administrator, superintendent, or local school administrator from changing a students grade. Any grade change made by a person other than the classroom teacher must be clearly indicated in the students school records and must indicate the person responsible for making such grade change.

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

Senator Thompson of the 33rd offered the following amendment:

Amend the Senate Education and Youth committee substitute to SB 288 by adding a new subsection (d) to read as follows: No classroom teacher may be dismissed due to a disagreement or dispute that stems from actions listed in the aforementioned sections of this Act.

On the adoption of the amendment, the yeas were 37, nays 0, and the Thompson of the 33rd amendment was adopted.

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

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

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

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

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

WEDNESDAY, FEBRUARY 22, 2006

965

Y Hamrick Harbison
Y Harp Y Heath Y Henson

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

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 288, having received the requisite constitutional majority, was passed by substitute.

SB 406. By Senators Hudgens of the 47th, Seabaugh of the 28th, Harp of the 29th, Shafer of the 48th and Moody of the 56th:

A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the Official Code of Georgia Annotated, relating to life settlements, so as to revise certain definitions; to provide additional grounds for the suspension, revocation, or refusal to renew the license of life insurance producers; to make editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Insurance and Labor Committee offered the following substitute to SB 406:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 59 of Title 33 of the Official Code of Georgia Annotated, relating to life settlements, so as to revise certain definitions; to provide additional grounds for the suspension, revocation, or refusal to renew the license of life insurance producers; to make editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 59 of Title 33 of the Official Code of Georgia Annotated, relating to life settlements, is amended by striking paragraphs (5), (8), and (13) and inserting in lieu thereof new paragraphs (5), (8), and (13) to read as follows:
(5) 'Fraudulent life settlement act' includes:
(A) Acts or omissions committed by a person who, knowingly or with intent to defraud, for the purpose of depriving another of property or for pecuniary gain, commits, engages, or permits its employees or its agents to engage, in acts including:
(i) Presenting, causing to be presented, or preparing with knowledge or belief that it will be presented to or by a life settlement provider, financing entity, insurer,

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insurance producer, or another person, false material information, or concealing material information, as part of, in support of, or concerning a fact material to one or more of the following:
(I) An application for the issuance of a life settlement contract or policy; (II) The underwriting of a life settlement contract or policy; (III) A claim for payment or benefit pursuant to a life settlement contract or policy; (IV) Premiums paid on a policy; (V) Payments and changes in ownership or beneficiary made in accordance with the terms of a life settlement contract or policy; (VI) The reinstatement or conversion of a policy; (VII) The In the solicitation, offer, effectuation, or sale of a life settlement contract or policy; (VIII) The issuance of written evidence of a life settlement contract or insurance; or (IX) A financing transaction; or (ii) Employing any device, scheme, or artifice to defraud related to purchased policies; or (B) In the furtherance of a fraud or to prevent the detection of a fraud a person commits or permits its employees or its agents to commit any of the following acts: Any of the following acts when committed or permitted by any person or its employees or agents in the furtherance of a fraud or to prevent the detection of a fraud: (i) Removing, concealing, altering, destroying, or sequestering Remove, conceal, alter, destroy, or sequester from the Commissioner the assets or records of a licensee or other person engaged in the business of life settlements; (ii) Misrepresenting or concealing Misrepresent or conceal the financial condition of a licensee, financing entity, insurer, or other person; (iii) Transacting Transact the business of life settlements in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of life settlements; or (iv) Filing File with the Commissioner or the chief insurance regulatory official of another jurisdiction a document containing false information or otherwise conceal concealing information about a material fact from the Commissioner; (C) Embezzlement, theft, misappropriation, or conversion of moneys, funds, premiums, credits, or other property of a life settlement provider, life insurance producer, insurer, insured, seller, policy owner, or another person engaged in the business of life settlements or insurance; (D) Recklessly entering into, negotiating, or otherwise dealing in a life settlement contract, the subject of which is a policy that was obtained by presenting false information concerning a fact material to the policy, or by concealing, for the purpose of misleading another, information concerning a fact material to the policy, where the seller or the sellers agent intended to defraud the insurance company that issued the

WEDNESDAY, FEBRUARY 22, 2006

967

policy. As used in this subparagraph, 'recklessly' means engaging in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, this disregard involving a gross deviation from acceptable standards of conduct; or (E) Facilitating the change of state of residency of a policy or seller to avoid the provisions of this chapter; or (F) Attempting to commit, assist, aid, or abet in the commission of, or conspiracy to commit, the acts or omissions specified in this paragraph.
(8) 'Life settlement provider' means a person, other than a seller, who in this state, from
this state, or with a seller who is a resident of this state enters into or effectuates a life settlement contract. Life settlement provider does not include:
(A) A bank, savings bank, savings and loan association, credit union, or other licensed lending institution that takes an assignment of a policy as collateral for a loan; (B) The issuer of a policy providing accelerated benefits pursuant to the policy; (C) An authorized or eligible insurer that provides stop-loss coverage to a life settlement provider, financing entity, special purpose entity, or related provider trust; (D) A natural person who enters into or effectuates no more than one agreement in a calendar year for the transfer of policies for any value less than the expected death benefit; (E) A financing entity; (F) A special purpose entity; (G) A related provider trust; or (H) An accredited investor or qualified institutional buyer as defined, respectively, in Regulation D, Rule 501, or Rule 144A of the Federal Securities Act of 1933, as amended, and who purchases a purchased policy from a life settlement provider.
(13) 'Seller' means the owner of a policy who is a resident of this state who enters or
seeks to enter into a life settlement contract. For the purposes of this chapter, a seller is not limited to an owner of a policy insuring the life of an individual with a terminal or chronic illness or condition except where specifically addressed. If there is more than one owner on a single policy and the owners are residents of different states, the transaction shall be governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold equal ownership, the state of residence of one owner agreed upon in writing by all owners. Seller does not include:
(A) A licensee as provided by this chapter, including a life insurance producer; (B) A qualified institutional buyer as defined, respectively, in Regulation D, Rule 501, or Rule 144A of the Federal Securities Act of 1933, as amended; (C) A financing entity; (D) A special purpose entity; or (E) A related provider trust.

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SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 33-59-4, relating to denial, revocation, suspension, or refusal of licensees, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The Commissioner may suspend, revoke, or refuse to renew the license of a life insurance producer if the Commissioner finds that such life insurance producer has:
(1) violated Violated the provisions of this chapter; or (2) Received a fee, commission, or other valuable consideration for his or her services with respect to life settlement transactions that involved unlicensed life settlement providers or persons who offered or attempted to negotiate on behalf of another person a life settlement contract and who were not life insurance producers.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that SB 406 be placed on the Table.
Senator Hudgens of the 47th objected.
Senator Hudgens of the 47th called for yeas and nays.
The call was not sustained and a recorded vote was not ordered.

On the motion to Table the yeas were 22, nays 21; the motion prevailed, and SB 406 was placed on the Table.
Senator Heath of the 31st asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

SB 424. By Senators Chance of the 16th, Douglas of the 17th, Moody of the 56th, Cagle of the 49th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 22, 2006

969

The Senate Education and Youth Committee offered the following substitute to SB 424:
A BILL TO BE ENTITLED AN ACT
To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that a student whose parent or legal guardian is in military service is granted excused absences from school to visit with his or her parent or legal guardian prior to deployment or while on leave; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, is amended by inserting after Code Section 20-2-692, relating to General Assembly pages granted excused absences, a new Code Section 20-2-692.1 to read as follows:
20-2-692.1. A student whose parent or legal guardian is in military service in the armed forces of the United States or the National Guard, and such parent or legal guardian has been called to duty for or is on leave from overseas deployment to a combat zone or combat support posting, shall be granted excused absences, up to a maximum of five school days per school year, for the day or days missed from school to visit with his or her parent or legal guardian prior to such parents or legal guardians deployment or during such parents or legal guardians leave. Nothing in this Code section shall be construed to require a local school system to revise any policies relating to maximum number of excused and unexcused absences for any purposes.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen 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 Y Stephens E Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 424, having received the requisite constitutional majority, was passed by substitute.

SB 462. By Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of the 53rd and Miles of the 43rd:

A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to remove courthouses and jails from the list of properties protected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

WEDNESDAY, FEBRUARY 22, 2006

971

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

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp N 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 E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 1.

SB 462, having received the requisite constitutional majority, was passed.

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 Rogers of the 21st asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

SB 474. By Senators Carter of the 13th, Thomas of the 54th, Moody of the 56th, Rogers of the 21st, Seay of the 34th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to establish school health advisory councils to serve as advisory bodies to local boards of education on health, physical education, and nutrition policy; to provide for a short title; to provide certain requirements for physical education instruction for students in kindergarten and grades one through eight; to encourage a wide range of supplemental health, physical activity, and nutrition programs that may be provided on school property beyond the confines of the traditional school day; to require local boards of education to adopt and implement a coordinated school health program; to provide for a state office to promote student health

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and physical fitness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Education and Youth Committee offered the following substitute to SB 474:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish school health advisory councils to serve as advisory bodies to local boards of education on health, physical education, and nutrition policy; to provide for a short title; to provide certain requirements for physical education instruction for students in kindergarten and grades one through eight; to encourage a wide range of supplemental health, physical activity, and nutrition programs that may be provided on school property beyond the confines of the traditional school day; to require local boards of education to adopt and implement a coordinated school health program; to provide for a state office to promote student health and physical fitness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Student Health and Fitness Act."
SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 4A, relating to community involvement in education, by adding a new Code section to the end of such article to read as follows:
20-2-87. (a) Each local board of education shall establish a local school health advisory council, consistent with the provisions of the federal Child Nutrition and WIC Reauthorization Act of 2004, P.L. 108-265, to serve as an advisory body on health, physical education, and nutrition policy issues to the local board of education. Each school health advisory council shall help plan, implement, and monitor the implementation of a health, physical education, and nutrition policy as part of the local school systems coordinated school health plan adopted pursuant to Code Section 20-2-324 and shall encourage a wide range of supplemental health, physical activity, and nutrition programs that may be provided on school property beyond the confines of the traditional school day. (b) The members of the school health advisory council shall be appointed by the local board of education and shall be composed of community and school members representing the eight components of a coordinated school health program as described

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in Code Section 20-2-324, representatives from the local health department, and school administrators.
SECTION 3. Said chapter is further amended in Code Section 20-2-142, relating to prescribed courses and the development and dissemination of instructional materials on the effects of alcohol, by striking subsection (c) and inserting in its place the following:
(c) The State Board of Education shall establish standards for the professional learning
or designation of teachers who provide instruction in physical education which shall ensure that all such teachers are adequately prepared and regularly participate in professional development activities to effectively deliver a physical education program under the supervision of certified physical education teachers. The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish minimum time requirements and standards for its administration. The course of study for elementary school students shall require, at a minimum, 150 minutes of physical education instruction per week with a certified physical education teacher or a teacher under the supervision of a certified physical education teacher for students in kindergarten through grade five. For middle school students, each local board of education shall develop a proposed plan for delivering, at a minimum, 225 minutes of physical education instruction per week with a certified physical education teacher or a teacher under the supervision of a certified physical education teacher to students in grades six through eight. Each local school system shall submit such a plan to the Department of Education no later than December 31, 2006. The Department of Education shall submit a summary of such plans to the General Assembly no later than January 15, 2007. The Department of Education shall review such plans and shall develop and establish a required program of physical education instruction for middle school students in accordance with this subsection which shall be implemented beginning in the 20072008 school year. For the 2006-2007 school year, each local board of education is strongly encouraged to provide meaningful physical education instruction to students in grades six through eight. Every elementary school student shall be required to participate in physical education instruction, including students in alternative education programs; provided, however, that the course of study will be adapted for students with disabilities, chronic health problems, and other special needs. The physical education course for elementary school students and the plans developed and submitted by each local board of education for middle school students shall provide for physical exertion of at least moderate to vigorous intensity and for a duration sufficient to provide a significant health benefit to students. The physical education course shall provide an environment in which students learn, practice, and receive assessment on developmentally appropriate motor skills, social skills, and health and physical education knowledge. The course shall include a coordinated health and physical education program designed to prevent obesity, cardiovascular disease, and Type II diabetes. The course shall include instruction concerning the impact of alcohol, tobacco, and drug use upon health. A manual setting out the details and requirements

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of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse health and physical education instruction, taking into consideration technological enhancements available for utilization of such instructional resources.
SECTION 4. Said chapter is further amended in Part 15 of Article 6, relating to miscellaneous provisions relative to the "Quality Basic Education Act," by adding new Code sections to the end of such part to read as follows:
20-2-324. (a) By July 1, 2006, each local board of education shall adopt and implement a coordinated school health program, prepared in collaboration with the school health advisory council, to address health issues in the local school system. The coordinated school health program shall include the components provided for in the model coordinated school health program provided by the State Board of Education pursuant to subsection (b) of this Code section. (b) The State Board of Education shall develop a model coordinated school health program designed to address health issues which shall include coordination of the following components:
(1) Safe and sanitary environment; (2) Physical education; (3) Health education; (4) Staff wellness; (5) Health services; (6) Mental and social well-being; (7) Nutrition; and (8) Parental and family involvement. The state board shall notify and make available such program to every local board of education and shall provide technical assistance to local boards of education in implementing coordinated school health programs. (c) No later than July 1, 2008, and every year thereafter, each local board of education shall prepare and submit to the State Board of Education an annual report on the implementation of the coordinated school health program. Such report shall also include the amount of instructional time spent on health and physical education in each grade and the amount of physical activity received by students in each school for the previous school year. Such report shall be made available to the General Assembly and to the public upon request. (d) The state board shall develop an annual report and recognition program which is submitted to the Governor, General Assembly, and local school systems beginning January 1, 2007, and annually thereafter. Such report shall include the progress of local

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school systems in implementing the Student Health and Fitness Act, acknowledgment of programs of excellence, and recommended strategies and resources necessary to improve the health and well-being of Georgias school-aged children and youth.
20-2-325. The State Board of Education shall establish an office to promote student health and physical fitness, which shall be staffed by certified physical education personnel, subject to available state, federal, or private funding. In addition to any other duties and functions assigned by the State Board of Education, such office shall specifically be charged with implementing the provisions of the Student Health and Fitness Act. The office shall be designated and acknowledged publicly to allow for ease of parent and public contact and information sharing. Through this office, the State Board of Education will be responsible for:
(1) Providing a program of instruction that includes physical education academic content standards. Such standards shall include sequential, developmentally appropriate curricula that is designed, implemented, and evaluated to help students develop the knowledge, motor skills, self-management skills, attitudes, and confidence to adopt and maintain physical activity and healthy dietary behaviors throughout their lives; (2) Ensuring that physical education content provided by local boards of education shall comply with the standards established by the State Board of Education; and (3) Developing standards and methods for the assessment of individual student fitness overall school health on a regular basis, which shall occur at least biennially beginning in the 2007-2008 school year.
SECTION 5. This Act shall become effective on July 1, 2006.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Senators Kemp of the 46th and Thompson of the 33rd offered the following amendment:
Amend the Senate Education and Youth Committee substitute to SB 474 by striking all matter on line 9 of page 1 and inserting in place thereof the following:
provide for a state office to promote student health and physical fitness; to provide for school bus pickup schedules; to provide for related
By inserting a new Section 4.1 to read as follows: SECTION 4.1.
Said chapter is further amended in Part 5 of Article 22 by striking Code Section 20-21127, relating to a schedule of school bus routes, in its entirety and inserting in place thereof the following:

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20-2-1127. Each public school system in this state shall make accessible a schedule of school bus routes that indicate the morning pickup route beginning time and the afternoon school bell time as well as the total number of stops on each school bus route. The time for the bus arrival at each stop will be commensurate with the route beginning time and prescribed stop sequence, except in unforeseen circumstances. This provision shall not apply to portal-to-portal special needs student transportation or special alternative instructional transportation programs Reserved.
Senator Henson of the 41st requested a ruling of the Chair as to the germaneness of the amendment.
The President ruled the amendment not germane.
On the adoption of the substitute, the yeas were 32, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

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

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On the passage of the bill, the yeas were 42, nays 7.
SB 474, having received the requisite constitutional majority, was passed by substitute.
SB 485. By Senators Schaefer of the 50th, Balfour of the 9th and Douglas of the 17th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions for the uniform rules of the road, so as to provide that certain persons convicted of speeding violations shall display a habitual speeder bumper sticker as a condition of his or her probation; to provide that a judge may suspend a drivers license of a person who violates the condition of probation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Schaefer of the 50th asked unanimous consent to drop SB 485 to the foot of today's Senate Rules Calendar.
The consent was granted, and SB 485 was placed at the foot of the Rules Calendar.
The President introduced former Surgeon General David Satcher. David Satcher addressed the Senate briefly.
Senator Eric Johnson, President Pro Tempore, assumed the Chair.
Senator Grant of the 25th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.
Senator Goggans of the 7th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.
Senator Tate of the 38th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused.
The Calendar was resumed.

SB 486. By Senators Balfour of the 9th, Schaefer of the 50th, Grant of the 25th, Shafer of the 48th and Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to the definition of employment under the employment security law, so as to exempt direct sellers from the definition of

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employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

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

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

SB 486, having received the requisite constitutional majority, was passed.

SB 489. By Senators Balfour of the 9th, Schaefer of the 50th and Douglas of the 17th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to require certain specified new drivers to display a bumper decal which decal shall indicate that he or she is a new driver; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Senator Balfour of the 9th asked unanimous consent to drop SB 489 to the foot of today's Senate Rules Calendar.
The consent was granted, and SB 489 was placed at the foot of the Rules Calendar.

SB 502. By Senators Hamrick of the 30th, Carter of the 13th, Smith of the 52nd, Hill of the 32nd and Wiles of the 37th:
A BILL to be entitled an Act to provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Hamrick of the 30th asked unanimous consent to drop SB 502 to the foot of today's Senate Rules Calendar.
The consent was granted, and SB 502 was placed at the foot of the Rules Calendar.
Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.
Senator Reed of the 35th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.
Senator Miles of the 43rd asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused.
Senator Miles of the 43rd asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.
Senator Bulloch of the 11th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

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SB 525. By Senator Williams of the 19th:

A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the bill, the yeas were 40, nays 0.

SB 525, having received the requisite constitutional majority, was passed.

SB 545. By Senators Mullis of the 53rd, Thomas of the 54th, Douglas of the 17th, Balfour of the 9th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to definitions regarding bingo games, so

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981

as to provide a definition of nonprofit, tax-exempt organization; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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

SB 545, having received the requisite constitutional majority, was passed.

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

HB 246. By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:
A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the

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electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Balfour of the 9th asked unanimous consent that the Senate adhere to its amendment to HB 246 and that a Conference Committee be appointed.
The consent was granted, and the President Pro Tempore appointed as a Conference Committee the following Senators: Balfour of the 9th, Schaefer of the 50th and Pearson of the 51st.
The Calendar was resumed.
SB 244. By Senators Hudgens of the 47th, Kemp of the 46th, Douglas of the 17th and Grant of the 25th:
A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate Retirement Committee offered the following substitute to SB 244:
A BILL TO BE ENTITLED AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide for dues; to provide for a fee assessed against a party against whom a judgment is entered in magistrate courts to be paid to the fund; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for

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983

surviving spouses; to provide for a refund of dues; to provide for disability benefits; to provide for membership in other retirement plans; to provide for a reduction of benefits in the event of insufficient funds; to provide for nonassignability of benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end thereof the following:
CHAPTER 25 ARTICLE 1 47-25-1. As used in this chapter, the term: (1) 'Average final monthly compensation' means the average monthly earnable compensation of any employee during his or her highest 24 months of creditable service. (2) 'Board' means the Board of Commissioners of the Magistrates Retirement Fund of Georgia. (3) 'Full-time chief magistrate' means a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (4) 'Fund' means the Magistrates Retirement Fund of Georgia. (5) 'Member' means a member of the Magistrates Retirement Fund of Georgia. (6) 'Secretary-treasurer' means the secretary-treasurer of the Board of Commissioners of the Magistrates Retirement Fund of Georgia.
ARTICLE 2 47-25-20. (a) There is created the Board of Commissioners of the Magistrates Retirement Fund of Georgia. The board shall consist of seven members as follows:
(1) The Governor or the Governors designee; (2) An appointee of the Governor who is not the Attorney General; and (3) Five full-time chief magistrates who are members of the fund. (b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 2006, for initial terms as follows: one such member shall be appointed for one year; two such members shall be appointed for terms of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until

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their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) The board shall elect a chairperson from among its own membership to serve for a term as established by rules of the board. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board. (d) In the event of a vacancy in the membership of the board, the remaining members of the board shall appoint a full-time chief magistrate who is a member of the fund to fill such vacancy for the unexpired term. (e) The Council of Magistrate Court Judges shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider such nominees in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by the Council of Magistrate Court Judges.
47-25-21. (a)(1) There is created the office of secretary-treasurer of the board. The secretarytreasurer shall be elected and appointed by the board and shall serve at the pleasure of the board. His or her compensation and duties may be fixed by the board. In addition to such salary, the secretary-treasurer shall receive credit for a sum of $1,250.00 per year as dues in the retirement system. (2) The board or the secretary-treasurer with the approval of the board may employ additional personnel to assist the board or secretary-treasurer in carrying out duties provided in this chapter. The compensation and duties of any such personnel shall be fixed by the board.
(b) The secretary-treasurer shall be paid retirement benefits upon retiring as secretarytreasurer as provided in Article 5 of this chapter for a full-time chief magistrate retiring with the highest benefit allowed by such article and shall be entitled to any retirement option allowed by such article. (c) The board shall have authority to require the secretary-treasurer to give a good and sufficient surety bond in an amount to be determined by the board. The bond shall be payable to the board and shall be conditioned upon the proper and faithful performance of the duties of the secretary-treasurer. The secretary-treasurer shall be required to make quarterly reports to the board, which reports shall show all receipts and disbursements in such form and in such manner as the board may require. He or she shall likewise be required quarterly to make a full account of all moneys or property coming into his or her hands on behalf of the board at any time.
47-25-22. (a) The board is granted the following powers and duties:
(1) To provide for the collection of all moneys provided in this chapter;

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(2) To pay the administrative expenses of the board; (3) To hear and decide all applications for retirement benefits under this chapter; (4) To make payment of all retirement benefits that may be determined to be due under the terms of this chapter; (5) To make all necessary rules and regulations, not inconsistent with the laws of the state, for its government and for the government of the employees of the board; (6) To determine and fix rules of eligibility of persons to receive retirement benefits; (7) To make refunds and repayments to persons who may be entitled to receive them; and (8) To keep all records of its meetings. (b) The board shall also have all powers necessary for the purpose of administering this chapter. (c)(1) Subject to the terms and limitations of this subsection, the board is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (2) Any provision of paragraph (1) of this subsection to the contrary notwithstanding, no member who receives an annual cost-of-living benefit increase pursuant to Code Section 47-25-81 shall receive a benefit increase under this subsection greater than 1 percent of the maximum monthly benefit then in effect; provided, however, that no such member shall receive any such increase unless the members not entitled to a benefit increase under Code Section 47-25-81 receive a like amount plus an additional increase of 2 percent of the maximum benefit then in effect; provided, further, that no benefit increase shall be awarded under this subsection greater than 1.5 percent in any six-month period.
47-25-23. (a) The board shall have control of all funds provided for in this chapter and all funds shall be received and disbursed from a special account to the credit of the board. The expenses of administering this fund and the benefits provided for in this chapter shall be paid from such funds. The board shall have authority to expend the funds in accordance with this chapter. (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of

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this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. (c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as investment advisers and counselors, making recommendations for investments and making investments if the board so authorizes.
47-25-24. The board may take, by gift, grant, or bequest, any money, real or personal property, or any other thing of value and may hold or invest it for the use and purposes of the fund in accordance with this chapter.
47-25-25. The board shall keep permanent records of all persons who qualify to participate in the benefits of this chapter, an accurate record of all payments and disbursements, and a detailed record of all the acts and doings of the board.
47-25-26. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the General Assembly in such detail as he or she may see fit. The state auditor shall also have the right to audit the affairs of the board and any of its employees at any time that he or she may see fit or at any time that he or she may be requested to do so by the board or by the Governor.
ARTICLE 3 47-25-40. Before any person shall be eligible to participate in the fund, he or she must be serving as a duly qualified and commissioned full-time chief magistrate of a county of the State of Georgia or as the secretary-treasurer. Any qualified person who desires to participate in the fund shall make application to the board for membership in the fund on a form to be furnished by the board for that purpose, giving such information, together with verification and proof thereof, as may be required by the board. Such application shall be made not later than July 1, 2007, or within six months after becoming eligible for membership, whichever is later.
47-25-41. Each member shall pay into the fund as dues the sum of $105.00 per month. Each months dues shall be paid not later than the tenth day of that month.

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ARTICLE 4 47-25-60. (a) An additional fee shall be charged against any party against whom a judgment is entered in magistrate court. Such fee shall be in an amount equal to the amount determined by the actuary for the fund required to meet the minimum funding requirements divided by the number of judgments satisfied plus the number of consent judgments in such court for the immediately preceding calendar year. Such fee shall be made a part of the judgment and shall be paid by such party after the judgment is entered. Any consent judgment presented to the court shall make provision for the payment of such fee, and the fee shall be paid at the time the consent judgment is presented. (b) The clerks of the magistrate courts shall collect the fees provided for in subsection (a) of this Code section and the fees so collected shall be remitted to the board on a quarterly basis or at such time as the board may provide. It shall be the duty of the clerks to keep accurate records of the amounts due the board under this Code section and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter.
ARTICLE 5 47-25-80. In order for a member to be eligible to receive retirement benefits under this chapter, he or she must have:
(1) Served as a regularly qualified and commissioned full-time chief magistrate or as the secretary-treasurer for at least eight years; (2) Fully complied with this chapter; (3) Terminated his or her official capacity as a full-time chief magistrate or as the secretary-treasurer; (4) Attained the age of 60 years; (5) Filed with the board his or her application for such retirement, on a form to be furnished by the board, within a period of 90 days, or as soon thereafter as possible, after reaching the age of 60 years or after termination of his or her official capacity as a full-time chief magistrate or as the secretary-treasurer, whichever may occur last in point of time; and (6) Had his or her application for retirement approved by the board.
47-25-81. Any member who is approved for retirement benefits as provided in Code Section 4725-80 shall be paid a monthly sum equal to 4 percent of his or her average final monthly compensation for each year served by the member up to, but not exceeding, a total of 20 years; provided, however, that the final monthly compensation used for calculating a benefit under this Code section shall not exceed $2,815.00; provided, further, that the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum final monthly compensation used

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for calculating a benefit as provided in this Code section. Such method or methods shall be based upon:
(1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant; provided, however, that any such increase shall be uniform and shall apply equally to all members of this retirement system. No time for which dues have not been paid in accordance with Code Section 47-25-41 shall be considered in determining the number of years of service.
47-25-82. (a) As used in this Code section, the term 'surviving spouse' means the person who was married to a member on the date of the members death. (b) Upon the death of any member who is then receiving retirement benefits and upon the surviving spouse of such member attaining 60 years of age, said spouse shall be paid spouses benefits which shall be equal to 50 percent of the retirement benefits then being paid to such member. Such benefits shall be paid for the remainder of the life of such surviving spouse. (c) Upon the death of any member prior to retirement, the surviving spouse of such member may elect:
(1) To withdraw the dues paid into the retirement fund by the deceased member plus interest at the rate specified by law, in which case the spouse shall be deemed to have waived any right to any benefits; or (2) To leave such dues in the retirement fund and to receive spouses benefits which shall be payable beginning:
(A) On the date of the members death, if such member is 60 years of age or older; or (B) On the date on which the surviving spouse of the deceased member reaches 60 years of age, whichever event occurs last, and which shall be equal to 50 percent of the retirement benefits which the deceased member was drawing at the time of death or, in the case of a member who dies prior to his or her sixtieth birthday, which such deceased member would have been entitled to receive upon reaching 60 years of age had he or she lived and ceased service as a full-time chief magistrate or the secretary-treasurer on the date of his or her death.
47-25-83. (a) Any member, after ceasing to serve as a full-time chief magistrate or as the secretary-treasurer and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent simple interest per annum from the end of the calendar year in which

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paid to the end of the calendar year next preceding the application for the refund. (b) Although retirement pay shall be based on Code Section 47-25-81 and nothing in this Code section shall be construed to alter same, at the effective date of retirement, simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of the calendar year in which paid to the end of the calendar year immediately preceding the date of retirement and shall be added to the total dues paid. After all retirement benefits coming due under Code Section 47-25-81 have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such principal and interest shall be paid to the estate of the deceased member. (c) Upon application by the estate of any member who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section 47-2582, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund, shall be paid to the estate of the deceased member. (d) No dues may be refunded except in strict compliance with this Code section.
47-25-84. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he or she becomes totally and permanently disabled after commencing service as a full-time chief magistrate or as the secretary-treasurer. Any such member shall be entitled to receive retirement benefits in the amount that he or she would receive if his or her retirement were effective at the time he or she became disabled. All questions relating to the degree and nature of the total and permanent disability suffered by the member shall be determined by the board.
47-25-85. Nothing contained in this chapter shall be construed so as to prevent any person who is a member of the fund from belonging to any other retirement, annuity, or benefit system.
47-25-86. (a) If a retired member becomes employed as a full-time or part-time magistrate or chief magistrate, his or her retirement benefits shall be suspended during the period of time he or she holds such position, and upon cessation of such service, his or her prior retirement allowance shall be resumed. (b) If a retired member becomes employed as a full-time chief magistrate, he or she may elect again to become a contributing member of the retirement system and be governed by the retirement provisions of this chapter.
ARTICLE 6

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47-25-100. If the board determines that the funds derived from the sources provided for in this chapter are not actuarially sufficient at any time to enable the board to pay in full each person determined to be entitled to the benefits provided for, plus all contingent and other liabilities, then a prorated percentage of such payments shall be made to each person entitled thereto until the funds shall be replenished actuarially sufficient to enable the board to resume such payments in accordance with the terms of this chapter. In no event shall the board or any member thereof be liable to any person for any deficiency in payments made under this Code section.
47-25-101. None of the funds provided for in this chapter shall be assignable.
SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts

Russell W. Hinton State Auditor (404) 656-2174

270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400

January 12, 2006

The Honorable Bill Heath, Chairman Senate Retirement Committee Paul D. Coverdell Office Building, Room 304-B Atlanta, Georgia 30334

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991

Dear Chairman Heath:

SUBJECT: State Auditor's Certification Substitute to Senate Bill 244 (LC 21 8589S)

This bill would create the Magistrates Retirement Fund of Georgia. Any person who is serving as a duly qualified and commissioned full-time chief magistrate of a county or as the secretary-treasurer of the Fund may elect to participate in this retirement fund. Such election must be made by July 1, 2007 or within six months after becoming eligible for membership, whichever is later.

The Magistrates Retirement Fund would be funded through member contributions of $105 per month and through fees collected on all judgments satisfied and consent judgments in the magistrate court. The required fee would be determined annually by the actuary based on prior year's activity and based on the amount of contributions required to meet the minimum funding standards. Members would be eligible for retirement benefits after they have served in a qualified position for at least eight years and have attained the age of 60 years. Upon retirement, the member would receive a benefit equal to four percent of his or her average final monthly compensation for each year served, up to 20 years.

This bill also includes provisions for benefits for surviving spouses, disability benefits, and the suspension of benefits for retired members who return to service. If this legislation is enacted, the Magistrates Retirement Fund of Georgia would be created on July 1, 2006.

This is to certify that this substitute bill is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. This substitute bill does not increase the cost to the Fund which was previously determined by the actuary and reported in the actuarial investigation for LC 21 8492S. Changes made in this substitute bill only revise the source of the funds that will be collected. An updated actuarial investigation was prepared and is attached to this retirement certification.

Respectfully,

/s/ Russell W. Hinton State Auditor

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

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

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

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

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

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

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

SB 244, having received the requisite constitutional majority, was passed by substitute.

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.

HB 978. By Representatives Hill of the 21st and Smyre of the 132nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 45 of the O.C.G.A., relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide for the terms of members of the commission and the filling of vacancies; to provide for duties and responsibilities; to provide a definition; to provide for the acceptance of certain funds; to provide limitations on the consideration and passage of bills and resolutions authorizing or requiring the display of certain artwork; to provide for related matters; to repeal

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Code Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Art Policy Committee; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Hooks of the 14th.
The Senate Rules Committee offered the following amendment:
Amend HB 978 by striking all matter on lines 6 and 7 of page 1 and inserting in its place the following:
for the acceptance of certain funds; to provide a statement of legislative intent; to provide for
By striking the word and symbol "placement," on line 1 of page 3.
By striking the entire text of Code Section 45-13-74, beginning with line 29 of page 3 and ending with line 3 of page 6, and inserting in its place the following:
The General Assembly finds that this part constitutes a general law within the meaning of Article III, Section VI, Paragraph IV(a) of the Constitution. The General Assembly intends that there be no enactment of any bill or resolution proposing a special law with respect to capitol artwork.
On the adoption of the amendment, the yeas were 34, nays 0, and the committee amendment was adopted.

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

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

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

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

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

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

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

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

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

HB 978, having received the requisite constitutional majority, was passed as amended.

The following communications were received by the Secretary:

LEGISLATIVE SERVICES COMMITTEE

OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000

CERTIFICATION OF CAUCUS ELECTION

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

Dear Lieutenant Governor Taylor:

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 26, 2006, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Robert L. Brown, Jr., was elected as a member of the State Transportation Board from the 4th Congressional District to serve a term beginning April 15, 2006, and expiring April 15, 2011.

Respectfully submitted,

/s/ David Adelman Senator, District 42 Chairman

WEDNESDAY, FEBRUARY 22, 2006

995

/s/ Mike Jacobs Representative, District 80 Secretary
The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Robert L. Brown, Jr., has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 4th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 15, 2006, and expiring April 15, 2011.
This 22nd day of February, 2006.
/s/ Mark Taylor President of the Senate
/s/ Glenn Richardson Speaker, House of Representatives
LEGISLATIVE SERVICES COMMITTEE
OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000
CERTIFICATION OF CAUCUS ELECTION
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 26, 2006, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable David Doss was elected as a member of the State

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Transportation Board from the 11th Congressional District to serve a term beginning April 15, 2006, and expiring April 15, 2011.

Respectfully submitted,
/s/ Glenn Richardson Representative, District 19 Chairman
/s/ Mack Crawford Representative, District 127 Secretary
The General Assembly State Capitol Atlanta
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable David Doss has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 11th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 15, 2006, and expiring April 15, 2011.
This 22nd day of February, 2006.
/s/ Mark Taylor President of the Senate
/s/ Glenn Richardson Speaker, House of Representatives
Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Thursday, February 23, 2006.
The motion prevailed, and the President Pro Tempore announced the Senate adjourned at 1:33 p.m.

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997

Senate Chamber, Atlanta, Georgia Thursday, February 23, 2006 Twenty-third Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 376.

By Representatives Loudermilk of the 14th, Fleming of the 117th, Lunsford of the 110th, Lewis of the 15th, Mills of the 25th and others:

A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 833.

By Representatives Lunsford of the 110th, Knight of the 126th, Yates of the 73rd, Talton of the 145th, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that the Georgia Procurement Registry, shall be the official legal organ for advertisement of certain bid opportunities for goods and services and public works construction contracts by a municipal corporation, county, or local board of education; to require advertisement of certain bid opportunities by local government entities via the Georgia Procurement Registry; to provide that advertisement via the Georgia Procurement Registry shall be at no cost

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to local government entities; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 881.

By Representatives Chambers of the 81st, Burmeister of the 119th, Drenner of the 86th, Henson of the 87th, Reece of the 27th and others:

A BILL to be entitled an Act to amend Code Section 43-29-7 of the Official Code of Georgia Annotated, relating to license requirements for dispensing opticians, qualifications of applicants, subjects to be tested on examination, and issuance and display of license, so as to specify certain requirements for practical training and experience for an applicant to obtain licensure through an apprenticeship program; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 986.

By Representatives Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Willard of the 49th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, so as to allow depositions to be taken of persons who are not legal residents of the United States under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1040. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd:

A BILL to be entitled an Act to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, so as to define the total raw material cost of carpet samples for certain fair market valuation purposes; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1097. By Representatives McCall of the 30th, Smith of the 129th, Scheid of the 22nd, Channell of the 116th, Floyd of the 147th and others:

A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising signs authorized by Code Section 32-6-72 on the interstate system, primary highways, and other highways, so as to provide that no such signs may

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advertise the availability of certain entertainment which appeals to the prurient interest; to prohibit erecting certain signs having two faces on one visible side after a certain date; to permit certain types of nonmechanical multiple message signs subject to certain limitations; to impose certain height limitations on erecting such outdoor advertising signs subject to certain conditions after a certain date; to provide for procedures relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
HB 1177. By Representatives Smith of the 129th, Graves of the 12th, Smith of the 13th, Channell of the 116th, Wix of the 33rd and others:
A BILL to be entitled an Act to amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1190. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th, Jones of the 46th and Ashe of the 56th:
A BILL to be entitled an Act to amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, so as to modify and clarify the processes by which collection of unpaid tolls may be accomplished; to alter the fees and penalties which may be assessed for failure to pay the proper toll; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1321. By Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th and Jones of the 46th:
A BILL to be entitled an Act to incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to repeal conflicting laws; and for other purposes.

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HB 1325. By Representatives Lewis of the 15th, Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Wix of the 33rd:
A BILL to be entitled an Act to amend Code Section 46-4-155 of the O.C.G.A., relating to regulation of unbundled services, peaking service, customer services, and interstate capacity assets with regard to the distribution, storage, and sale of gas, so as to provide for definitions; to provide for the requirements upon which the electing distribution company shall include proposed strategic infrastructure assets in the capacity supply and strategic infrastructure plan; to provide for the information that must be filed with any capacity supply and strategic infrastructure plan; to provide that the Public Service Commission shall not in a subsequent proceeding fail to approve any long-term capacity assets and any strategic infrastructure assets which were included in a plan previously approved by the commission; to provide for cost recovery; to provide for legislative findings and declarations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1363. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to provide authority for the mayor and councilmembers to perform and be compensated for duties related to the operation of the water system and other administrative functions; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1375. By Representatives Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st and Bryant of the 160th:
A BILL to be entitled an Act to authorize the City of Savannah 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.

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

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1001

SB 584. By Senators Jones of the 10th, Douglas of the 17th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4662), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to repeal conflicting laws; and for other purposes
Referred to the State and Local Governmental Operations Committee.
SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 586. By Senators Heath of the 31st, Smith of the 52nd, Pearson of the 51st, Hill of the 32nd, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to provide that any used motor vehicle parts dealer who sells a scrap vehicle to a scrap metal processor shall notify the purchaser whether mercury courtesy light switches have been removed from such vehicle; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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SB 587. By Senators Smith of the 52nd, Thomas of the 54th, Hill of the 32nd and Goggans of the 7th:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the delegation of postoperative care for a patient who has undergone eye surgery; to provide for definitions; to provide for comanagement agreements; to provide for requirements for delegation; to provide for an affirmative defense; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 588. By Senators Rogers of the 21st, Shafer of the 48th and Staton of the 18th:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 589. By Senators Staton of the 18th and Grant of the 25th:
A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to provide for the election of members of the Board of Education of Jones County 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.
SB 590. By Senators Butler of the 55th, Zamarripa of the 36th, Thomas of the 2nd, Tate of the 38th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, so as to provide for participation in organized voter registration activity by nonauthorized private entities; to provide for the acceptance of mail voter registration applications; to provide for instruction and training in volunteer voter registration activity; to provide for certain requirements relating to nonauthorized private entities engaging in voter registration activity; to provide

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for transmittal of voter registration applications; to provide for confidentiality of voter registration applications by nonauthorized private entities; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 591. By Senators Fort of the 39th, Shafer of the 48th, Meyer von Bremen of the 12th, Tate of the 38th and Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to provide a short title; to provide a permanent, tangible paper record as the official ballot of votes recorded for each voter; to require that all direct recording electronic voting systems produce such paper evidence as the official ballot; to provide that each elector shall have the opportunity to verify and affirm that the official ballot has accurately recorded his or her intent before casting the ballot for counting; to restore public ballot counting procedures for all voting systems in Georgia; to require that tabulations of said paper ballots are performed at the precinct by manual counting in full view of the general public; to specify that said paper ballots are exclusively recognized as the official ballot of record for purposes of counting, auditing, and recounting the vote and for election challenge proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 592. By Senators Grant of the 25th, Hill of the 4th, Kemp of the 46th and Harp of the 29th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

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SB 593. By Senator Douglas of the 17th:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in certain districts of Henry County for the purpose of ascertaining whether the voters of such districts desire the governing authority of Henry County to adopt by policy or ordinance measures to oppose or prevent the expansion of a certain airport in Henry County and whether the governing authority shall take whatever action is legally available to request or prevent the expansion of such airport in any other county; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
The following House legislation was read the first time and referred to committee:
HB 376. By Representatives Loudermilk of the 14th, Fleming of the 117th, Lunsford of the 110th, Lewis of the 15th, Mills of the 25th and others:
A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 833. By Representatives Lunsford of the 110th, Knight of the 126th, Yates of the 73rd, Talton of the 145th, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that the Georgia Procurement Registry, shall be the official legal organ for advertisement of certain bid opportunities for goods and services and public works construction contracts by a municipal corporation, county, or local board of education; to require advertisement of certain bid opportunities by local government entities via the Georgia Procurement Registry; to provide that advertisement via the Georgia Procurement Registry shall be at no cost to local government entities; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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1005

HB 881. By Representatives Chambers of the 81st, Burmeister of the 119th, Drenner of the 86th, Henson of the 87th, Reece of the 27th and others:
A BILL to be entitled an Act to amend Code Section 43-29-7 of the Official Code of Georgia Annotated, relating to license requirements for dispensing opticians, qualifications of applicants, subjects to be tested on examination, and issuance and display of license, so as to specify certain requirements for practical training and experience for an applicant to obtain licensure through an apprenticeship program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 986. By Representatives Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Willard of the 49th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, so as to allow depositions to be taken of persons who are not legal residents of the United States under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1040. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, so as to define the total raw material cost of carpet samples for certain fair market valuation purposes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1097. By Representatives McCall of the 30th, Smith of the 129th, Scheid of the 22nd, Channell of the 116th, Floyd of the 147th and others:
A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising

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signs authorized by Code Section 32-6-72 on the interstate system, primary highways, and other highways, so as to provide that no such signs may advertise the availability of certain entertainment which appeals to the prurient interest; to prohibit erecting certain signs having two faces on one visible side after a certain date; to permit certain types of nonmechanical multiple message signs subject to certain limitations; to impose certain height limitations on erecting such outdoor advertising signs subject to certain conditions after a certain date; to provide for procedures relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 1177. By Representatives Smith of the 129th, Graves of the 12th, Smith of the 13th, Channell of the 116th, Wix of the 33rd and others:
A BILL to be entitled an Act to amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 1190. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th, Jones of the 46th and Ashe of the 56th:
A BILL to be entitled an Act to amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, so as to modify and clarify the processes by which collection of unpaid tolls may be accomplished; to alter the fees and penalties which may be assessed for failure to pay the proper toll; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 1321. By Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th and Jones of the 46th:
A BILL to be entitled an Act to incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election,

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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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1325. By Representatives Lewis of the 15th, Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Wix of the 33rd:
A BILL to be entitled an Act to amend Code Section 46-4-155 of the O.C.G.A., relating to regulation of unbundled services, peaking service, customer services, and interstate capacity assets with regard to the distribution, storage, and sale of gas, so as to provide for definitions; to provide for the requirements upon which the electing distribution company shall include proposed strategic infrastructure assets in the capacity supply and strategic infrastructure plan; to provide for the information that must be filed with any capacity supply and strategic infrastructure plan; to provide that the Public Service Commission shall not in a subsequent proceeding fail to approve any long-term capacity assets and any strategic infrastructure assets which were included in a plan previously approved by the commission; to provide for cost recovery; to provide for legislative findings and declarations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

HB 1363. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to provide authority for the mayor and councilmembers to perform and be compensated for duties related to the operation of the water system and other administrative functions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1375. By Representatives Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st and Bryant of the 160th:
A BILL to be entitled an Act to authorize the City of Savannah to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Banking and Financial Institutions Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 535 Do Pass by substitute
Respectfully submitted, Senator Hamrick of the 30th District, Chairman

Mr. President:

The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SR 41 Do Pass as amended
Respectfully submitted, Senator Mullis of the 53rd District, Chairman

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1009

Mr. President:

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

SB 77 SB 123 SB 423

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

SB 429 Do Pass by substitute SR 853 Do Pass by substitute

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

Mr. President:
The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 561 Do Pass
Respectfully submitted, Senator Harp of the 29th District, Chairman

Mr. President:
The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 484 Do Pass
Pursuant to Senate Rule 2-1.10(b) the Senate Rules Committee ordered the following legislation taken from the Senate General Calendar and recommitted to the Judiciary Committee.
SB 396
Respectfully submitted, Senator Balfour of the 9th District, Chairman

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Mr. President:

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

SB 504 Do Pass by substitute

Respectfully submitted, Senator Grant of the 25th 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 1324 Do Pass HB 1328 Do Pass

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

The following legislation was read the second time:

SB 395

SB 413

SB 515

SB 532

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 Stoner of the 6th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.
Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.
Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.

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1011

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

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 Harp Heath Henson

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

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

Not answering were Senators:

Fort Johnson (Excused) Tate

Golden (Excused) Powell (Excused) Thompson, S (Excused)

Harbison (Excused) Reed (Excused) Zamarripa

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

The members pledged allegiance to the flag.

Senator Butler of the 55th introduced the chaplain of the day, Dr. Kerwin Lee of Stone Mountain, Georgia, who offered scripture reading and prayer.

The President introduced Congressman Tom Price. Congressman Price addressed the Senate briefly.

Senator Jones of the 10th recognized Bishop Dr. Robert Lee Evans, commended by SR 858, adopted previously.

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Senator Grant of the 25th recognized the family of James Ray Crawford, Jr., commended by SR 701, adopted previously.
Senators Whitehead of the 24th and Thomas of the 2nd spoke to the resolution.
Senator Butler of the 55th recognized representatives of Dental Hygienists' Appreciation Day, commended by SR 863, adopted previously.
The following resolutions were read and adopted:
SR 962. By Senator Bulloch of the 11th:
A RESOLUTION congratulating Potter Street Elementary School, Bainbridge, Georgia, as a recipient of a 2006 Weyerhaeuser "Excellence in Recycling" Award; and for other purposes.
SR 963. By Senators Bulloch of the 11th and Tolleson of the 20th:
A RESOLUTION commending the Georgia peanut industry and recognizing March 8, 2006, as Peanut Butter and Jelly Day at the Capitol; and for other purposes.
SR 964. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION recognizing Mr. James Melton Isom; and for other purposes.
SR 965. By Senator Adelman of the 42nd:
A RESOLUTION commending Sharon Taylor Donald; and for other purposes.
SR 966. By Senator Adelman of the 42nd:
A RESOLUTION commending Sherrie Bridges Crow; and for other purposes.
SR 967. By Senator Adelman of the 42nd:
A RESOLUTION commending Robin Ferguson; and for other purposes.
SR 968. By Senator Adelman of the 42nd:
A RESOLUTION commending Elizabeth Patrice Felner Phelps; and for other purposes.

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1013

SR 969. By Senator Adelman of the 42nd: A RESOLUTION commending Jan Goodloe; and for other purposes.
SR 970. By Senator Adelman of the 42nd: A RESOLUTION commending Susan Bundschu; and for other purposes.
SR 971. By Senator Adelman of the 42nd: A RESOLUTION commending Anna H. Kandrach; and for other purposes.
SR 972. By Senator Adelman of the 42nd: A RESOLUTION commending Colleen Ghilardi; and for other purposes.
SR 973. By Senator Adelman of the 42nd: A RESOLUTION commending Glenda Weber; and for other purposes.
SR 974. By Senator Adelman of the 42nd: A RESOLUTION commending Yolanda Simuel McClamb; and for other purposes.
SR 975. By Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A RESOLUTION recognizing and commending Miss Adria Hampton; and for other purposes.

SR 976. By Senators Rogers of the 21st, Wiles of the 37th and Stephens of the 27th:
A RESOLUTION recognizing and commending Ryan Ernstes; and for other purposes.

SR 977. By Senators Heath of the 31st, Williams of the 19th, Johnson of the 1st, Moody of the 56th and Stephens of the 27th:
A RESOLUTION commending the Youth Assembly and Junior Youth Assembly programs of the State YMCA of Georgia; and for other purposes.

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SR 978. By Senator Thomas of the 2nd:
A RESOLUTION commemorating the 150th anniversary of the founding of the Town of Thunderbolt; and for other purposes.
SR 979. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Technical Sergeant Clayton E. Holloway on being named the 2005 Non-Commissioned Officer of the Year for the 165th Airlift Wing; and for other purposes.
SR 980. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Master Sergeant Sandra Scroggs on being named the 2005 Senior Non-Commissioned Officer of the Year for the 165th Airlift Wing; and for other purposes.
SR 981. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Captain Gretchen Braman on being selected to direct the Military Equal Opportunity Office of the 165th Airlift Wing; and for other purposes.
SR 982. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Senior Airman Samuel L. Lewis on being named the 2005 Airman of the Year for the 165th Airlift Wing; and for other purposes.

SR 983. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Tammy Paige Sullivan on being selected to the 2005 fall semester Dean's List at Clayton State University; and for other purposes.

SR 984. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Hongchau N. Nguyen on being selected to the 2005 fall semester Dean's List at Clayton State University; and for other purposes.

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1015

SR 985. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Merritt Woodhull "Quint" Dixon on being selected to the 2005 fall semester Dean's List at Appalachian State University; and for other purposes.
SR 986. By Senator Thomas of the 2nd:
A RESOLUTION congratulating Regina A. Smalls on being selected to the fall semester President's List at Mercer University; and for other purposes.
SR 987. By Senator Thomas of the 2nd:
A RESOLUTION recognizing St. Philip Monumental A.M.E. Church on the occasion of its hosting of the 2006 Founder's Day Celebration for the Sixth Episcopal District (Georgia) of the African Methodist Episcopal Church; and for other purposes.
SR 988. By Senator Douglas of the 17th:
A RESOLUTION remembering and honoring the life of Mr. James Groves Stonecypher; and for other purposes.
SR 989. By Senator Douglas of the 17th:
A RESOLUTION remembering and honoring the life of Mrs. Katherine Gilmer Douglas; and for other purposes.
SR 990. By Senator Hill of the 4th:
A RESOLUTION commending Bethany Nursing Center; and for other purposes.
The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 23, 2006 Twenty-third Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

1016 HB 1324
HB 1328

JOURNAL OF THE SENATE
Whitehead of the 24th COLUMBIA COUNTY
A BILL to be entitled an Act to repeal an Act creating a Small Claims Court in and for Columbia County, approved February 28, 1973 (Ga. L. 1973, p. 2032); to repeal conflicting laws; and for other purposes.
Whitehead of the 24th COLUMBIA COUNTY
A BILL to be entitled an Act to amend an Act creating the Magistrate Court of Columbia County, approved May 6, 2005 (Ga. L. 2005, p. 3959), so as to change the educational requirements for magistrates; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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1017

On the passage of the local legislation, the yeas were 50, nays 0.
The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:
SB 390. By Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of the 45th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; 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 Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for waivers; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; 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. This Act shall be known and may be cited as the "Classrooms First for Georgia Act."

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SECTION 2. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, is amended by inserting at the end of such part new Code sections to read as follows:
20-2-171.
(a) For purposes of this Code section, the term: (1) 'Direct classroom expenditures' means all expenditures by a local school system during a fiscal year for activities directly associated with the interaction between teachers and students, including, but not limited to, salaries and benefits for teachers and paraprofessionals; costs for instructional materials and supplies; costs associated with classroom related activities, such as field trips, physical education, music, and arts; and tuition paid to out-of-state school districts and private institutions for special needs students. This term shall not include costs for administration, plant operations and maintenance, food services, transportation, instructional support including media centers, teacher training, and student support such as nurses and guidance counselors. (2) 'Total operating expenditures' means all operating expenditures by a local school system during a fiscal year, including expenditures from federal, state, and local funds and from any other funds received by a local school system, such as student activity fees. This term shall not include capital outlay expenditures, debt or bond payments, interest on debt or bonds, facility leases, or rental payments. This term shall also not include any costs which are incurred by a local school system to comply with any mandate by statute or by the Georgia Department of Education effective on or after January 1, 2006 to add specific non-classroom staff positions.
(b) Beginning with fiscal year 2008: (1) Each local school system shall spend a minimum of 65 percent of its total operating expenditures on direct classroom expenditures, except as otherwise provided in this subsection; (2) For any fiscal year in which a local school system has direct classroom expenditures that are less than 65 percent of its total operating expenditures, the local school system shall be required to increase its direct classroom expenditures by a minimum of 2 percent per fiscal year as a percentage of total operating expenditures, beginning in the subsequent fiscal year and each fiscal year thereafter, until it reaches 65 percent. For fiscal year 2008, the baseline year from which the required increase will be determined shall be based on expenditure data from fiscal year 2007; (3) A local school system that has direct classroom expenditures that are less than 65 percent of its total operating expenditures and that is unable to meet the expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable achievement waiver. The waiver request must include evidence that the local school system is exceeding the state averages in academic categories designated by the board, which may include, but not be limited to, criterion-referenced competency tests, the Georgia High School Graduation Test, and the SAT, a plan for obtaining compliance with this Code section, and any other information required at the discretion of the board; and

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(4) A local school system that has direct classroom expenditures that are less than 65 percent of its total operating expenditures and that is unable to meet the expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable hardship waiver. Waivers granted pursuant to this paragraph shall be limited to extreme situations in which such situation is solely responsible for the local school systems inability to meet the expenditure requirements. Such situations may include, but are not limited to, Acts of God and inordinate unexpected increases in energy and fuel costs. The waiver request must include revenue and expenditure reports and specific details providing compelling evidence as to the impact that the intervening extreme situation had on the local school systems ability to comply with expenditure requirements and any other information required at the discretion of the board. (c) The State Board of Education shall have the authority to impose sanctions against a local school system that fails to comply with the provisions of this Code section or any rules and regulations promulgated pursuant to subsection (e) of this Code section. Such sanctions shall be at the discretion of the board and may include, but not be limited to, requiring the local school system to devise and implement a plan to meet the expenditure requirements of this Code section in the subsequent fiscal year or withholding all or any portion of state funds in accordance with Code Section 20-2-243. (d) The State Board of Education shall be authorized to require the submission of budget information and expenditure data from local school systems for the purposes of verifying compliance with this Code section. (e) The State Board of Education shall be authorized to promulgate rules and regulations to implement the provisions of this Code section.
20-2-172. (a) For the purposes of fiscal years 2007 and 2008 only, the following change to Code Section 20-2-167 shall apply: For each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (b) This Code section shall be automatically repealed on July 1, 2008.

SECTION 3. This Act shall become effective July 1, 2006.

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

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Senator Chance of the 16th moved that the Senate agree to the House substitute to SB 390.

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

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

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

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

On the motion, the yeas were 33, nays 19; the motion prevailed, and the Senate agreed to the House substitute to SB 390.

The following communication was received by the Secretary:

Senator Jack Hill District 4 234 State Capitol Atlanta, GA 30334

Committees: Appropriations Education and Youth Ethics Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

2/23/06

THURSDAY, FEBRUARY 23, 2006

1021

Mr. Secretary,

Please record me as voting "Aye" on SB 390, House Sub.

/s/ Jack Hill

SENATE RULES CALENDAR THURSDAY, FEBRUARY 23, 2006 TWENTY-THIRD LEGISLATIVE DAY

SB 445

Civil War Commission; editorial changes; change administrative assignment; codify certain provisions (ECD-53rd)

SB 456

Privacy; mobile telephone usage; unlawful to disseminate information without expressed consent of subscriber; penalties; exception (Substitute)(S&T-37th)

SB 229

Animal Fighting/Baiting Act; dogfighting; provisions; punishment (Substitute)(AG&CA-21st)

SB 316

Obscenity; electronically furnishing material to minors; change provisions of crime (Substitute)(S&T-16th)

SB 455

Privacy; customer proprietary network information broker; obtain or release customer information; provide penalties; exceptions (Substitute)(S&T-48th)

SB 530

Property; liens; change provisions; conditions; value (Substitute) (JUDY-40th)

SB 472

Public Officers/Employees; provide for meritorious award program; definitions; establishment/implementation (I&L-21st)

SB 481

Motor Vehicles; registration/licensing; permit military personnel; minimum motor vehicles liability insurance through purchase in other states (PS&HS-17th)

SB 547

Real Estate Appraisers; conflict of interest exists; provide removal of board members; provide circumstances for removal (Substitute)(RI&Util-28th)

SB 502

Motor Vehicles; operating while under the influence; comprehensive revision; modernization; reform laws of state (Substitute)(PS&HS-30th)

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Respectfully submitted,

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

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

SB 445. By Senators Mullis of the 53rd, Tolleson of the 20th, Rogers of the 21st, Bulloch of the 11th, Schaefer of the 50th and others:

A BILL to be entitled an Act to amend an Act creating the Civil War Commission, approved April 28, 1993 (Ga. L. 1993, p. 1952), so as to make certain editorial changes; to change the administrative assignment of the commission and the facilitating state department from the Department of Natural Resources to the Department of Economic Development; to codify certain provisions of said Act, as amended, in Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison 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 Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

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

THURSDAY, FEBRUARY 23, 2006

1023

On the passage of the bill, the yeas were 52, nays 1.
SB 445, having received the requisite constitutional majority, was passed.
Senator Thompson of the 33rd asked unanimous consent to suspend Senate Rule 3-1.2(a) in order to first read and refer SR 1028.
The consent was granted.
The following Senate legislation was introduced, read the first time and referred to committee:
SR 1028. By Senator Thompson of the 33rd:
A RESOLUTION honoring the life of Dr. Luke Glenn Garrett, Jr., and dedicating the Dr. Luke Glenn Garrett, Jr. Memorial Highway in his memory; and for other purposes.
Referred to the Transportation Committee.
The Calendar was resumed.
SB 456. By Senators Wiles of the 37th and Shafer of the 48th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that it shall be unlawful to disseminate certain information relating to mobile telephone usage without the express consent of the subscriber; to provide that it shall be unlawful for an officer, employee, agent, or other person affiliated with a mobile telephone service provider to disseminate such information; to provide that it shall be unlawful to buy or otherwise obtain such information; to provide for penalties; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Science and Technology Committee offered the following substitute to SB 456:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to define a certain term; to provide that it shall be unlawful to disseminate telephone records of mobile telephone usage without the express consent of the subscriber; to provide that it shall be unlawful for an officer, employee,

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agent, or other person affiliated with a mobile telephone service provider to disseminate telephone records; to provide exceptions for such dissemination; to provide that it shall be unlawful to buy or otherwise obtain telephone records; to provide for penalties; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by inserting at the end thereof a new Code section to read as follows:
16-11-70. (a) As used in this Code section, the term 'telephone record' means information retained by a provider of mobile telephone service that relates to the telephone number dialed by the subscriber of such mobile telephone service, the incoming number of calls directed to the subscriber, or other data related to the calls typically contained on a subscribers telephone bill, including without limitation the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied; provided, however, that information collected and retained by, or on behalf of, a subscriber utilizing caller identification or other similar technology shall not constitute a telephone record. (b) It shall be unlawful for any person other than a provider of mobile telephone service or its officers, employees, affiliates, agents, independent contractors, or representatives to sell or otherwise disseminate to any person, including without limitation a person purporting to be the mobile telephone service subscriber, a telephone record of the subscriber without the express written consent of the mobile telephone service subscriber. (c) It shall be unlawful for any officer, employee, affiliate, agent, independent contractor, representative, or any other person affiliated with a mobile telephone service provider to sell or otherwise disseminate to any person other than an affiliate, agent, or representative of the mobile telephone service provider a subscribers telephone record without the express written consent of the mobile telephone service subscriber; provided, however, that such information may be provided to such subscriber in the normal course of business. (d) It shall be unlawful for any person other than the mobile telephone service subscriber to purchase or otherwise obtain from any person a telephone record of that subscriber. (e) Violation of subsection (a), (b), or (c) of this Code section shall constitute a felony punishable by imprisonment for a period not to exceed ten years or a fine not to exceed $100,000.00 or both. Each violation of this Code section shall constitute a separate offense. (f) The provisions of this Code section shall not apply to telephone records disclosed

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to: (1) A law enforcement agency in connection with the performance of the official duties of that agency pursuant to a subpoena or a search warrant; or (2) A mobile telephone service provider or an officer, employee, affiliate, agent, independent contractor, or representative of a mobile telephone service provider, in the course of: (A) Testing the security procedures or systems of the mobile telephone service provider that maintain the confidentiality of customer information; or (B) Investigating an allegation of misconduct or negligence on the part of an officer, employee, affiliate, agent, independent contractor, or representative of the mobile telephone service provider.

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 Harp of the 29th offered the following amendment:

Amend the committee substitute to SB 456 by adding at line 25 of page 2 a new subparagraph.

"(3) A court or party to a lawsuit pursuant to a subpoena on properly filed notice to produce in such lawsuit."

On the adoption of the amendment, the yeas were 40, nays 0, and the Harp amendment was adopted.

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

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

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

Y Smith Y Starr Y Staton Y Stephens Y Stoner

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

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

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

On the passage of the bill, the yeas were 55, nays 1.

SB 456, having received the requisite constitutional majority, was passed by substitute.

SB 229. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; to prohibit animal fighting or baiting and related conduct; to provide for punishments; to define certain terms; to provide a short title; to provide legislative findings and declarations; repeal conflicting laws; and for other purposes.
The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 229:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to change certain provisions relating to inspections, impoundment of animals, and exceptions; to change certain provisions relating to failure to respond, right to hearing, care, and crime exception; to change certain provisions relating to filing a report regarding animal cruelty and immunity; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; to prohibit animal fighting or baiting and related conduct; to

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provide for punishments; to define certain terms; to provide a short title; to provide legislative findings and declarations; repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Animal Fighting Act."
SECTION 2. The General Assembly finds and declares that the fighting and baiting of animals in this state is a cruel and horrific practice and results in the unwarranted suffering and death of hundreds of animals. In addition, the animals subject to fighting and baiting are aggressive and have caused numerous maulings of humans and deaths of children. The General Assembly finds and declares further that the most effective, economical, humane, and ethical solution to the problem of animal fighting and baiting is to punish such conduct as criminal acts.
SECTION 3. Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, is amended by striking subsection (c) of Code Section 4-11-9.3, relating to inspections, impoundment of animals, and exceptions, and inserting in lieu thereof the following:
(c) Any person impounding an animal under this article is authorized to return the animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner was, in a prior administrative or legal action in this state or any other state, found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog animal fighting or baiting in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:
(1) Such animal will be given humane care and adequate and necessary veterinary services; (2) Such animal will not be subjected to cruelty; and (3) The owner will comply with this article.
SECTION 4. Said article is further amended by striking subparagraph (b)(6)(B) of Code Section 4-119.5, relating to failure to respond, right to hearing, care, and crime exception, and inserting in lieu thereof the following:
(B) Unless, in a prior administrative or legal action in this state or any other state, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog animal fighting or baiting in violation of the laws of this state or of the United States or any of the several states,

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recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such conditions shall be reduced to writing and served upon the owner and the government agency having custody of the animal. Such conditions may include, but are not limited to, the following, that:
(i) Such animal will be given humane care and adequate and necessary veterinary services; (ii) Such animal will not be subjected to mistreatment; and (iii) The owner will comply with this article.
SECTION 5. Said article is further amended by striking subsection (a) of Code Section 4-11-17, relating to filing a report regarding animal cruelty and immunity, and inserting in lieu thereof the following:
(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any licensed accredited veterinarian or certified veterinary technician having reasonable cause to believe that an animal has been subjected to animal cruelty in violation of Code Section 16-12-4 or dog animal fighting or baiting in violation of Code Section 16-12-37 may make or cause to be made a report of such violation to the Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a prosecuting attorney and may appear and testify in any judicial or administrative proceeding concerning the care of an animal.
SECTION 6. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, is amended by striking Code Section 16-12-37, relating to dogfighting, and inserting in lieu thereof the following:
16-12-37. (a) A person commits the offense of dogfighting when he causes or allows a dog to fight another dog for sport or gaming purposes or maintains or operates any event at which dogs are allowed or encouraged to fight one another. (b) A person convicted of the offense of dogfighting shall be punished by a mandatory fine of $5,000.00 or by a mandatory fine of $5,000.00 and imprisonment for not less than one year nor more than five years. (a) As used in this Code section, the term:
(1) 'Animal' means domestic species or wild animal as such terms are defined in Code Section 27-1-2 but shall not include any wildlife or feral hog as such terms are defined in Code Section 27-1-2 nor any fish or fowl. (2) 'Baiting' means:
(A) Provoking, harassing, or enticing an animal with another animal for the purpose of training an animal for or causing an animal to engage in fighting as defined in this Code Section: or

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(B) Using wildlife in violation of Title 27 for the purpose of fighting or encouraging animal fighting: or (C) Using live animals in the training of greyhounds. (3) 'Device' means any item intended to enhance an animals fighting ability, including but not limited to implements, veterinary supplies, and chemical substances. (4) 'Fighting' means any intentional attack causing physical contact by an animal against another animal. (5) 'Person' means any natural person or any firm, partnership, association, or corporation. (6) 'Spectator' means any person, other than a minor child under the age of 15, who is present at any structure, facility, or location with knowledge that fighting or baiting of any animal is taking place or is about to take place. (b) Any person who: (1) Intentionally causes any fighting or baiting of any animal; (2) Owns, possesses, harbors, keeps, or has custody or control of an animal for the purpose of fighting or baiting; (3) Trains, purchases, sells, transports, transfers, breeds, or equips an animal for the purpose of fighting or baiting; (4) Knowingly owns, possesses, solicits, acquires, or sells any device to be used for the purpose of committing any violation of paragraph (1), (2), or (3) of this subsection; (5) Purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, property, or location to be used for the purpose of committing any violation of paragraph (1), (2), or (3) of this subsection; (6) Knowingly allows, permits, or makes available any structure, facility, property, or location to be used for the purpose of committing any violation of paragraph (1) , (2), or (3) of this subsection; (7) Bets, wagers, or encourages another to bet or wager anything of value on the fighting or baiting of any animal; (8) Conducts, sponsors, organizes, stages, referees, charges an admission fee for or serves as the stakeholder of anything of value bet or wagered on any animal fighting or baiting; (9) Knowingly uses any means of communication for the purpose of promoting or advertising any violation of paragraph (1), (2), or (3) of this subsection shall be guilty of a felony; and upon a first conviction thereof such person shall be punished by imprisonment for no less than one year nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment; and upon a second or subsequent conviction thereof such person shall be punished by imprisonment for no less than one year nor more than ten years, a fine of not less than $15,000.00, or both such fine or imprisonment. Each act or omission in violation of this subsection shall constitute a separate offense. The court, as part of the sentence, may prohibit the offender from owning, possessing, or having on the offenders premises any animal during the term of such sentence.

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(c) Any person who: (1) Is a spectator at any fighting or baiting activity; or (2) Knowingly brings or accompanies a minor child to any fighting or baiting activity
shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not more than one year, a fine not to exceed $ 1,000.00, or both such fine and imprisonment. Each act or omission in violation of this subsection shall constitute a separate offense. The court, as part of the sentence, may prohibit the offender from owning, possessing, or having on the offenders premises any animal during the term of such sentence. (d) Any animal subject to fighting or baiting may be impounded pursuant to the provisions of Code Sections 4-11-9.2 through 4-11-9.6. (e) This Code section shall not prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law and shall not apply to any person:
(1) Using, breeding, training, or equipping any animal to pursue, take, hunt, or recover wildlife or free-ranging feral hogs or participating in hunting or fishing in accordance with provisions of Title 27 and rules and regulations promulgated pursuant thereto as such rules and regulations existed on the date specified in Code Section 27-1-39; (2) Using, breeding, training, or equipping animals to work livestock for agricultural purposes in accordance with the rules and regulations of the Commissioner of Agriculture as such rules and regulations existed on January 1, 2006; (3) Using, breeding, training, or equipping canines for law enforcement purposes; (4) Using, breeding, training, or equipping animals as companion animals; (5) Feeding live prey to predatory animals when such predatory animals normally consume live prey; or (6) Using, breeding, or equipping any animal to control damage from nuisance or pest species in and around structures or agricultural operations.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Senators Miles of the 43rd, Unterman of the 45th, Henson of the 41st and Tate of the 38th offered the following amendment:
Amend the committee substitute to SB 229 on page 3 line 23 by striking
nor any fish or fowl
On the adoption of the amendment, the yeas were 32, nays 12, and the Miles et al. amendment was adopted.

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On the adoption of the substitute, the yeas were 40, nays 2, and the committee substitute was adopted as amended.

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

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

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

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

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

On the passage of the bill, the yeas were 52, nays 4.

SB 229, having received the requisite constitutional majority, was passed by substitute.

Senator Thompson of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action on SB 456.

Senator Douglas of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused.
The Calendar was resumed.

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SB 316. By Senators Chance of the 16th, Carter of the 13th, Stephens of the 27th, Schaefer of the 50th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the O.C.G.A., relating to crimes involving obscenity and related matters and minors, so as to change provisions relating to the crime of electronically furnishing obscene material to minors; to provide that a person commits this crime if such person furnishes to an individual whom the person knows or should have known is a minor any product which contains or reveals or gives access to any user name, log-in code, password, number, or other information which enables a person to access one or more Internet sites containing certain material which is harmful to minors in that it appeals to and incites prurient interest; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate Science and Technology Committee offered the following substitute to SB 316:
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving obscenity and related matters and minors, so as to change provisions relating to the crime of electronically furnishing obscene material to minors; to provide that a person commits this crime if such person furnishes to an individual whom the person knows or should have known is a minor any product which contains or reveals or gives access to any user name, log-in code, password, number, or other information which enables a person to access one or more Internet sites containing certain material which is harmful to minors in that it appeals to and incites prurient interest; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving obscenity and related matters and minors, is amended by striking Code Section 16-12-100.1, relating to the crime of electronically furnishing obscene material to minors, and inserting in its place a new Code section to read as follows:
16-12-100.1. (a) As used in this Code section, the term:
(1) 'Bulletin board system' means a computer data and file service that is accessed by

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telephone line to store and transmit information. (2) 'CD-ROM' means a compact disc with read only memory which has the capacity to store audio, video, and written materials and is used by computers to reveal the above-said material. (3) 'Electronically furnishes' means:
(A) To make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM; or (B) To make available by allowing access to information stored in a computer, including making material available by operating a computer bulletin board. (4) 'Harmful to minors' means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (5) 'Minor' means an unmarried person younger than 18 years of age. (5.1) 'Prepaid Internet access product' means any product which contains or reveals or gives access to any user name, log-in code, password, number, or other information which enables a person to access one or more Internet sites not otherwise accessible without payment or proof of age or both; and without limiting the generality of the foregoing this term specifically includes any product commonly referred to as a PPP card or any substantially equivalent product. (6) 'Sadomasochistic abuse' means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. (7) 'Sexual conduct' means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. (8) 'Sexual excitement' means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation. (b) A person commits the crime of electronically furnishing obscene materials to minors if: (1) Knowing or having good reason to know the character of the material furnished, the person either furnishes to an individual whom the person knows or should have known is a minor any prepaid Internet access product which would enable the minor to access any of the following material over the Internet or electronically furnishes to an individual whom the person knows or should have known is a minor any of the following material: (A) Any picture, photograph, drawing, or similar visual representation or image of

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a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or (B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse; (2) The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole; (3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific value; and (4) The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and incites prurient interest. (c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to offenses committed on or after that effective date. Prior offenses shall continue to be governed by prior law.

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

On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.

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

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

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

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

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

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

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

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 316, having received the requisite constitutional majority, was passed by substitute.

Senator Carter of the 13th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused.

SB 455. By Senators Shafer of the 48th and Wiles of the 37th:

A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to define certain terms; to provide that it shall be illegal for a customer proprietary network information broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 43-38-11 of the O.C.G.A., relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the O.C.G.A., relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for rules and regulations; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Science and Technology Committee offered the following substitute to SB 455:
A BILL TO BE ENTITLED AN ACT

To amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide a short title; to provide findings of fact; to define certain terms; to provide that it shall be illegal for a telephone records broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 43-38-11 of the Official Code of Georgia Annotated, relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to

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provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for exceptions; to provide for action in the event of a breach of security; to provide for customer notification; to provide that a violation of such provisions shall be an unfair or deceptive practice in consumer transactions; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Telephone Records Privacy Protection Act."
SECTION 2. The General Assembly finds that:
(1) Telephone records can be of great use to criminals because the information contained in call logs listed in such records include a wealth of personal data; (2) Many call logs reveal the name of telephone users doctors, public and private relationships, business associates, and more; (3) Although other personal information such as social security numbers may appear on public documents, which can be accessed by data brokers, the only warehouse of telephone records is located at the telephone companies themselves; (4) Telephone records are sometimes accessed without authorization of the customer by:
(A) An employee of the telephone service provider selling the data; and (B) "Pretexting," whereby a data broker or other person pretends to be the owner of the telephone and convinces the telephone companys employees to release the data to such person; and (5) Telephone companies encourage customers to manage their accounts online with many setting up the online capability in advance, although many customers never access their account online. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer.
SECTION 3. Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by inserting at the end thereof a new Code section to read as follows:
16-11-70. (a) As used in this Code section, the term:

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(1) 'End user' means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. (2) 'Telephone record' means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied. For purposes of this Code section, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. (3) 'Telephone records broker' means any person or organization that is not a telecommunications company and that purchases, acquires, sells, or releases the telephone record of any third party with whom it has no prior or existing business relationship or that attempts to purchase, acquire, sell, or release the telephone record of any party with whom it has no prior or existing business relationship. (b) It is unlawful for any telephone records broker to purchase, acquire, sell, or release the telephone records or any personal identifying information of any person who is a Georgia resident or to attempt to purchase, acquire, sell, or release the telephone record of any third party who is a Georgia resident. This Code section applies whether the customers telephone record is obtained by the telephone records broker directly from a telecommunications company or from any other third-party source. For purposes of this Code section, a person is a Georgia resident if the individual has a Georgia billing address. (c) A violation of any provision of this Code section is a business offense punishable by a fine in an amount not to exceed $10,000.00 for each violation. Each telephone record purchased, acquired, sold, or released and each attempt to purchase, acquire, sell, or release a telephone record constitutes a separate violation of this Code section. Any person who has been injured by a violation of this Code section may commence an action in superior court for damages against the telephone records broker who committed the violation. If the court awards damages to the plaintiff in any action brought under this Code section, the court shall awarded the plaintiff court costs and reasonable attorneys fees. (d) No provision of this Code section shall be construed to prevent any action by a law enforcement agency or any officer, employee, or agent of a law enforcement agency to obtain the telephone records or personal identifying information of any third party who is a Georgia resident in connection with the performance of the official duties of the agency, officer, employee, or agent.
SECTION 4. Code Section 43-38-11 of the Official Code of Georgia Annotated, relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of

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Private Detective and Security Agencies, and judicial review, is amended by striking the word "or" at the end of paragraph (14) of subsection (a), by striking the period at the end of paragraph (15) of subsection (a) and inserting in lieu thereof "; or", and by inserting immediately following paragraph (15) of subsection (a) a new paragraph to read as follows:
(16) Purchased, acquired, sold, or released the telephone records, as such term is defined in Code Section 46-5-210, of any third party who is a Georgia resident.
SECTION 5. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by inserting at the end thereof a new article to read as follows:
ARTICLE 6.
46-5-210. (a) As used in this article, the term:
(1) 'Breach of telephone records' means the unauthorized acquisition of telephone records that compromises the security, confidentiality, or integrity of that information as maintained by the telecommunications company. (2) 'End user' means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. (3) 'Notice' means:
(A) Written notice; (B) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code; or (C) Substitute notice, if the telecommunications company demonstrates that the cost of providing notice would exceed $250,000.00, that the affected class to be notified exceeds 500,000 individuals, or that the telecommunications company does not have sufficient contact information to provide written or electronic notice to such individuals. Substitute notice shall consist of all of the following:
(i) E-mail notice, if the telecommunications company has an e-mail address for the individuals to be notified; (ii) Conspicuous posting of the notice on the telecommunication companys website page, if the telecommunications company maintains one; and (iii) Notification to major state-wide media. (4) 'Telephone record' means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied.

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For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record.
46-5-211. No telecommunications company may release the telephone records of any end user with a Georgia billing address without the express consent of the end user except with proper law enforcement or court order documentation or as otherwise allowed by law.
46-5-212. Each telecommunications company shall provide annually to the office of the Attorney General certification that it has established operating procedures for security of telephone records that are adequate to ensure compliance with 47 U.S.C. Section 222 and any rules promulgated thereunder.
46-5-213. No provision of this article shall be construed to prohibit a telecommunications company from obtaining, using, releasing, or permitting access to any telephone record of any end user with a Georgia billing address:
(1) As otherwise authorized by law; (2) With the lawful consent of the end user or the end users designated representative; (3) As necessary for the provision of services, for the protection of the rights or property of the provider, for the protection of end users, and for the protection of other telecommunications companies from fraudulent, abusive, or unlawful use of or subscription to services; (4) To a governmental entity, if the telecommunication company reasonably believes that an emergency involving the immediate danger of death or serious physical injury to any person justifies disclosure of the information; or (5) To the National Center for Missing and Exploited Children, in connection with the report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990.
46-5-214. (a) In the event of a breach of a telephone record concerning a Georgia resident, the telecommunications company must provide notice to the Georgia resident immediately following discovery or notification of the breach if such breach is reasonably likely to cause quantifiable harm to the Georgia resident. The notice must be made in the most expedient manner possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the telephone record. (b) Notwithstanding any provisions of this article to contrary, a telecommunications company that maintains its own notification procedures as part of an information

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security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this Code section shall be deemed to be in compliance with the notification requirements of this Code section if it notifies the individuals who are the subject of the notice in accordance with its policies in the event of a breach of the security of the system. (c) A violation of this Code section constitutes an unfair or deceptive practice in consumer transactions within the meaning of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
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 Shafer of the 48th offered the following amendment #1 to the committee substitute to SB 455:
by striking the words "or any personal identifying information" from line 2 of page 3
On the adoption of the amendment, the yeas were 35, nays 0, and the Shafer of the 48th amendment #1 was adopted.
Senator Harp of the 29th offered the following amendment #2:
Amend the committee substitute to SB 455 by adding at line 21 of page 5 a new subparagraph:
"(6) A court or party to a lawsuit pursuant to a subpoena or properly filed notice to produce in such lawsuit."
On the adoption of the amendment, the yeas were 44, nays 0, and the Harp amendment #2 was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 23, 2006

1041

Y Adelman Y Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter E 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
Seabaugh Y Seay Y Shafer,D

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

On the passage of the bill, the yeas were 52, nays 1.

SB 455, having received the requisite constitutional majority, was passed by substitute.

Senator Stoner of the 6th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

SB 530. By Senators Weber of the 40th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, so as to change certain provisions relating to such liens, the conditions under which they attach, the property to which they attach, and the value for which they are created; to provide for other related matters; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 530:
A BILL TO BE ENTITLED AN ACT

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To amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, so as to change certain provisions relating to such liens, the conditions under which they attach, the property to which they attach, and the value for which they are created; 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. Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
(b) Each special lien specified in subsection (a) of this Code section may attach to the real estate of the owner or the tenants interest in real estate for which the labor, services, or materials were are furnished if they are furnished at the instance of the owner, tenant, contractor, or subcontractor, or some other person acting for the owner, tenant, or contractor, or subcontractor, and shall include the value of work done and materials furnished in any easement or public right of way adjoining said real estate if the work done or materials furnished in the easement or public right of way is for the benefit of said real estate and is within the scope of the owners contract or the tenants contract for improvements to said real estate.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Weber of the 40th offered the following amendment:
Amend the committee substitute (LC 29 2225S) to SB 530 by
on page 1 Line 12, strike "or the tenant's interest in real estate" Line 13, strike "tenant," Line 14, strike "or subcontractor," and strike ", tenant," Line 15, strike ", or subcontractor," Line 18, strike "or the tenant's contract"
On the adoption of the amendment, the yeas were 38, nays 0, and the Weber amendment was adopted.
On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

THURSDAY, FEBRUARY 23, 2006

1043

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

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

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

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

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

SB 530, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

Senator Chip Pearson District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Transportation Agriculture and Consumer Affairs Appropriations Regulated Industries and Utilities

2/23/06
Bob Ewing Secretary of the Senate

The State Senate Atlanta, Georgia 30334

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I pushed a Yes (green) button on this day for final passage of SB 530 and it did not register.

/s/ Chip Pearson

Senator Nancy Schaefer District 50 323-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Retirement Banking and Financial Institutions Economic Development Ethics Special Judiciary

The State Senate Atlanta, Georgia 30334

Bob Ewing Secretary of the Senate

I pushed a Yes (green) button on this day for final passage of SB 530 and it did not register.

/s/ Nancy Schaefer

SB 472. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

THURSDAY, FEBRUARY 23, 2006

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

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

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

On the passage of the bill, the yeas were 49, nays 2.

SB 472, having received the requisite constitutional majority, was passed.

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SB 481. By Senators Stephens of the 27th, Douglas of the 17th, Whitehead, Sr. of the 24th, Schaefer of the 50th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement of the chapter concerning the registration and licensing of motor vehicles, so as to permit military personnel whose vehicles are registered in Georgia and have Georgia license plates who are stationed in other states as part of their military assignments and duties to meet their obligations concerning minimum motor vehicle liability insurance through the purchase of certain insurance in such other states; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown 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

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

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

On the passage of the bill, the yeas were 54, nays 0.

SB 481, having received the requisite constitutional majority, was passed.

SB 547. By Senators Seabaugh of the 28th, Cagle of the 49th, Johnson of the 1st, Williams of the 19th and Stephens of the 27th:

A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to provide for the recusal of board members when a conflict of interest exists; to provide for circumstances for removal of board members; to provide standards for offering education courses on appraising; to provide for certain conditions for the investigation of appraisers; to repeal conflicting laws; and for other purposes.

The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 547:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to provide for the recusal of board members when a conflict

THURSDAY, FEBRUARY 23, 2006

1047

of interest exists; to provide for circumstances for removal of board members; to provide standards for offering education courses on appraising; to provide for certain conditions for the investigation of appraisers; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for the recusal of members of the Georgia Real Estate Commission; to provide for certain reasons for removing a member of the Georgia Real Estate Commission; to provide for grounds for denying a real estate license; to provide for the requirements for approving a license to a real estate licensing school; to allow for the regulation of granting, revoking, or suspending a real estate license; to provide for certain provisions relating to sanctions for violations committed by licensees, schools, and instructors; to provide for certain provisions relating to investigating complaints reported to the Georgia Real Estate Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by striking Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, requirements for membership, removal from the board, meetings, and compensation, and inserting in its place a new Code section to read as follows:
43-39A-3. (a) There is created the Georgia Real Estate Appraisers Board, which shall consist of five members. All members must be residents of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. Four members shall be real estate appraisers who have been actively engaged in the real estate appraisal business for at least three years. In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers who do not hold an active, occupational license which authorizes their work in real estate brokerage or mortgage lending activities, who do not have a financial interest in any real estate brokerage firm or mortgage lending firm, and who are not employees of real estate brokerage firms or mortgage lending firms. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) A member of the board shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the boards initiating a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' against a member, such member shall

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be recused from voting on such matter and may not discuss the matter with other board members or be present when the board discusses or votes on such matter. (c)(d) The term of each member of the board shall be five years, except that one of the successors to the two members first appointed to serve until July 1, 1992, shall be appointed to serve until July 1, 1994, and one of the successors to the two members first appointed to serve until July 1, 1993, shall be appointed to serve until July 1, 1995. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term. (d)(e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct.; or (4) Having a disciplinary sanction other than a citation authorized by this chapter imposed by any professional licensing agency on such members right to practice a trade or profession. (e)(f) The members of the board shall annually elect a chairperson from among the members to preside at board meetings. (f)(g) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairperson shall deem it necessary to give full consideration to the business before the board. A quorum of the board shall be three members. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of real estate appraisal activity. (g)(h) Each member of the board shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and for time actually required in traveling to and from its meetings, not to exceed one days traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of official duties. (h)(i) The commission shall supply staff support for the board. The commissioner shall serve as executive officer of the board. The commissioner shall be charged with the duties and powers as delegated by the board.
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 43-39A-8, relating to establishing appraiser classifications to comply with federal law, continuing education courses required for renewing classification, and approval of instructors, and inserting a new subsection (c) to read as follows:
(c) The board, through its rules and regulations, shall establish standards for offering

THURSDAY, FEBRUARY 23, 2006

1049

of all education courses required by this Code section and for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school must comply with Code Sections 43-40-15 through 43-40-32. Each approved school must designate an individual approved by the board to act as its director and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and rules and regulations promulgated under this chapter. No school approval shall be granted to a school unless the school authorizes its director to bind the school to any settlement of a contested case before the board as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Violations of this chapter or its attendant rules and regulations by an approved school shall subject the school and its director to sanction as authorized by this chapter.
SECTION 3. Said chapter is further amended by striking subsections (a) and (d) of Code Section 4339A-22, relating to investigations, subpoenas, confidentiality, access to records, and the publication of the names of disciplined appraisers and schools, and inserting in its place a new Code section to read as follows:
(a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, or school approved by the board; provided, however, that, whenever a request for investigation involves an appraisal report which varies from a sales, lease, or exchange price by 10 20 percent or less, or, if the appraiser is acting as a tax consultant, which varies from the tax assessors value by 20 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for appraiser classifications, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three five years of the initiation of the investigation.
(d) The results of all investigations shall be reported only to the board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of all members a majority of the quorum of the board, review by the respondent appraiser or applicant who is the subject of the notice of hearing after the its service of a notice of hearing, review by the boards legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction; provided, however, if an investigation authorized by this chapter results in the boards filing a notice of hearing or entering into settlement discussions with a

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member of the board, the commissioner shall immediately notify the Governor or the Governors legal counsel of such action by the board. After service of a notice of hearing, a respondent the appraiser or applicant who is the subject of the notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the respondent hearing.
SECTION 4. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking Code Section 43-40-2, relating to the creation, meetings, compensation, budget, reports, and rules and regulations of the Georgia Real Estate Commission, and inserting in its place a new Code section to read as follows:
43-40-2. (a) There is created the Georgia Real Estate Commission, which shall be composed of six members, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of five years. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. Five of the members shall be licensees who shall have been residents of this state and actively engaged in the real estate business for five years. The sixth member of the commission shall have no connection with the real estate industry whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. (b) Members of the commission shall serve until their successors are appointed and qualified. Vacancies on the commission shall be filled by appointment of a successor for the unexpired term of office by the Governor. Four members shall constitute a quorum for the transaction of any business of the commission. The commission shall organize by selecting from its members a chairperson and may do all things necessary and convenient to carry this chapter into effect. The commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairperson thereof shall deem it necessary to give full consideration to the business before the commission. Members of the commission or others may be designated by the chairperson of the commission, in a spirit of cooperation and coordination, to confer with similar commissions of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the commission in the advancement of the profession and the standards of the real estate business. (c) A member of the commission shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the commissions initiating a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' against a member, such member shall be recused from voting on such matter and may not discuss such matter with other commission members or be present when the commission discusses or votes on such matter. (c)(d) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following:

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(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct.; or (4) Having a disciplinary sanction, other than a citation authorized by this chapter, imposed by any professional licensing agency on such members right to practice a trade or profession. (d)(e) The commission is authorized to pass rules and regulations, not inconsistent with this chapter, relating to the professional conduct of licensees and the administration of this chapter. (e)(f) Each member of the commission shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and time actually required in traveling to and from its meetings, not to exceed one days traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of his or her official duties. (f)(g) The commission, through its chairperson, shall file a written report with the Governor and a copy thereof with both houses of the General Assembly on or before the second Tuesday in January of each year. The Governor may request a preliminary report prior to such an annual report. The report shall include a summary of all actions taken by the commission, a financial report of income and disbursements, staff personnel, and number of persons licensed by the commission. The report shall further delineate steps taken in education and research to disseminate information so that all licensees can be better informed in order to protect the public. The commission shall also outline a program of education and research for each ensuing year, for which a line appropriation shall be requested. (g)(h) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State.
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-40-8, relating to license requirements, and inserting in its place a new subsection (a) to read as follows:
(a) In order to qualify for a community association managers license, an applicant must:
(1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 25 in-class hours in a community association managers course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers who provide community association management services and community association

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managers after completing the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing.
SECTION 6. Said chapter is further amended by striking subsection (i) of Code Section 43-40-8, relating to license requirements, and inserting in its place a new subsection (i) to read as follows:
(i) The commission, through its rules and regulations, shall establish standards for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school must comply with Code Sections 43-40-15 through 4340-32. Each approved school must designate an individual approved by the commission to act as its director and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and rules and regulations promulgated under this chapter. An approved school must authorize its director to bind the school to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction.
SECTION 7. Said chapter is further amended by striking Code Section 43-40-10, relating to the granting of a real estate brokers license, associate brokers license, salespersons license, or community association managers license to a firm, and inserting in its place a new Code section to read as follows:
43-40-10. (a) No brokers license shall be granted to a firm unless:
(1) said Said firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said Said firm authorizes its qualifying broker to bind the firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said firm may be a named respondent. Violations of this chapter or its rules and regulations by a firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No brokers license shall be granted to a firm unless every person who acts as a licensee for such firm shall hold a real estate license.

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(b) No associate brokers, salespersons, or community association managers license shall be granted to a corporation, limited liability company, or partnership unless said corporation, limited liability company, or partnership designates an individual who holds the same type of license as its qualifying licensee who shall be responsible for assuring that the corporation, limited liability company, or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager shall subject both the license of the entity and the license of the qualifying licensee to sanction as authorized by this chapter. The qualifying licensee shall be the only licensee of a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager. The license of a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager must be assigned to a licensed broker. The licensed associate broker, salesperson, community association manager, corporation, limited liability company, or partnership or qualifying licensee may not engage in the brokerage business except in behalf of the broker to whom its license is assigned.
SECTION 8. Said chapter is further amended by striking paragraphs (17) and (26) of subsection (b) of Code Section 43-40-25, relating to sanctions for violations committed by licensees, schools, and instructors and unfair trade practices, and inserting in their places new paragraphs (17) and (26) to read as follows:
(17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresidents state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions:
(A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such persons death; or (B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country; or (C) By the brokerage firm holding a licensees license to an unlicensed firm in which an individual licensee affiliated with the brokerage firm owns more than a 20 percent interest provided:
(i) Such individual licensee earned the commission in behalf of the brokerage firm;

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(ii) Such unlicensed firm does not perform real estate brokerage activity; (iii) The affiliated licensee and the brokerage firm have a written agreement authorizing the payment to the unlicensed firm; and (iv) The brokerage firm obtains and retains written evidence that the affiliated licensee owns more than a 20 percent interest in the unlicensed firm to which the compensation will be paid;
(26) Obtaining a brokerage agreement, a sales contract, or a lease from any owner, purchaser, or tenant while knowing or having reason to believe that another broker has a an exclusive brokerage agreement with such owner, purchaser, or tenant, unless the licensee has written permission from the broker having the first exclusive brokerage agreement; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors;
SECTION 9. Said chapter is further amended by striking subsection (d) of Code Section 43-40-27, relating to the investigation of complaints reported to the commission, and inserting in its place a new subsection (d) to read as follows:
(d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the commission upon an affirmative vote of all members a majority of the quorum of the commission, review by the respondent licensee or applicant who is the subject of the notice of hearing after the its service of a notice of hearing, review by the commissions legal counsel, or an appeal of a decision by the commission to a court of competent jurisdiction; provided, however, if an investigation authorized by this chapter results in the commissions filing a notice of hearing or entering into settlement discussions with a member of the commission, the commission shall immediately notify the Governor or the Governors legal counsel of such action by the commission. After service of a notice of hearing, a respondent licensee or applicant who is the subject of the notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the respondent hearing. Nothing in this subsection shall prevent the commission, in its sole discretion, from notifying persons who request investigations or the licensee or applicant who is the subject of the notice of hearing of the receipt of a request for investigation or the commissions disposition of the investigation nor from making available to the public any document that becomes a public record during the hearing process authorized by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
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 Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 547, having received the requisite constitutional majority, was passed by substitute.

SB 502. By Senators Hamrick of the 30th, Carter of the 13th, Smith of the 52nd, Hill of the 32nd and Wiles of the 37th:

A BILL to be entitled an Act to provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this

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state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 502:
A BILL TO BE ENTITLED AN ACT
To provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide for independent tests under certain circumstances; to provide for certain qualifications of persons performing such tests and certain instruments used in such tests; to provide for the admission into evidence of the results of such tests and such certifications of testing instruments; to provide for certain immunities; to provide for certain disclosures; to provide for the taking of the drivers license of a person suspected of operating a motor vehicle while under the influence of alcohol, drugs, or other substances in certain circumstances; to provide for temporary driving permits under certain circumstances; to provide for certain reports by law enforcement officers and courts; to provide for the suspension and revocation of drivers licenses under certain circumstances; to provide for procedures for such suspensions and revocations; to provide for hearings in certain circumstances; to provide for reinstatement of drivers licenses under certain circumstances; to provide for compensation for law enforcement officers for attending hearings; to provide for sanctions and penalties for operating motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to prohibit the operation of a school bus while under the influence of alcohol, drugs, or other substances; to prohibit the operation of a motor vehicle while under the influence of alcohol, drugs, or other substances when transporting a child under the age of 14 years; to provide for the admissibility of certain evidence; to provide that legal entitlement to use alcohol, marijuana, or other drugs shall not constitute a defense; to provide that certain pleas shall constitute prior convictions for sentencing purposes; to provide for the

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adoption of such laws by ordinance by political subdivisions; to provide for the discretion of the court to accept certain pleas; to provide for the publication of the photographs and fact of conviction for certain offenders; to provide for the seizure and forfeiture of certain vehicles operated by certain violators; to provide for related matters; to amend various provisions of the Official Code of Georgia Annotated, so as to conform such provisions to the provisions of this Act; to provide for the applicability and effect of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I. SECTION 1-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section 40-1-8 to read as follows:
40-1-8. (a) The State of Georgia considers that any person who drives or is in actual physical control of any vehicle in violation of the laws of this state by consuming a prohibited level of alcohol or by consuming any other drug constitutes a direct and immediate threat to the welfare and safety of the general public. (b) Any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent to a chemical test or tests of his or her blood, breath, urine, or other bodily substance for the purpose of determining the presence of alcohol or any other drug. (c) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (b) of this Code section, and the chemical test or tests of his or her blood, breath, urine, or other bodily substance may be administered as provided in Article 9 of Chapter 5 of this title.
SECTION 1-2. Said title is further amended by adding a new Article 9 to Chapter 5, relating to drivers licenses, to read as follows:
ARTICLE 9
40-5-200. As used in this article, the term:
(1) 'Adequate breath sample' means a breath sample sufficient to cause the breathtesting instrument to produce a printed alcohol concentration analysis. (2) 'Law enforcement officer' means any peace officer, jail officer, juvenile correctional officer, or law enforcement support personnel, as such terms are defined by Code Section 35-8-2, or any individual possessing a valid permit issued by the

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Division of Forensic Sciences of the Georgia Bureau of Investigation to administer breath tests. (3) 'Medical facility' means a hospital, clinical laboratory, medical clinic, or similar medical institution.
40-5-201. A law enforcement officer is authorized to obtain one or more chemical tests of a persons blood, breath, urine, or other bodily substance for the purpose of determining the presence of alcohol or any other drug if there are reasonable grounds to believe that such person operated or was in actual physical control of a motor vehicle in violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title. The law enforcement officer shall designate which test or tests shall be administered.
40-5-202. (a) Prior to the administration of chemical tests to a person pursuant to this article, the implied consent notice as provided in subsection (c) of this Code section shall be read to such person. (b) The notices provided in subsections (c) and (d) of this Code section shall be read in their entirety but need not be read exactly so long as the substance of the notice remains unchanged. If such notice is used to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section. The informing of or failure to inform the accused person concerning the implied consent law shall not affect the admissibility of such results in any case, including a prosecution for a violation of Part 2 of Article 15 of Chapter 6 of this title. The informing of an accused person concerning the implied consent law shall only have application to and be relevant at a hearing concerning revocation of the drivers license of said person for a violation of the implied consent law. (c) At the time a chemical test or tests are requested, the following implied consent notice shall be read to the person:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substance for the purpose of determining if you are operating a motor vehicle under the influence of alcohol or drugs or with a prohibited substance in your body. If you submit to this testing, the results may be used against you in a court of law or in an administrative proceeding. If you refuse to submit to this testing, your Georgia drivers license or privilege to drive on the highways of this state may be suspended for a minimum period of one year and your refusal may be used as evidence against you. If you submit to the states testing, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substance at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered testing under the implied consent law?' (d) In addition to the implied consent notice, if the person is driving, operating, or in physical control of a commercial motor vehicle, the following notice shall be read:

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'If you submit to testing and the results indicate the presence of any alcohol, you will also be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year.' (e) If the person submits to the state administered test or tests, such person may have a qualified person of such persons choosing administer chemical tests in addition to any tests administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (f) If the person refuses to submit to the state administered test authorized by this Code section, nothing in this article shall be deemed to preclude the acquisition or admission of such evidence by any means authorized by the Constitution or laws of this state or of the United States. (g) Upon the request of the person who shall submit to a chemical test or tests designated by a law enforcement officer, a copy of the results of the test or tests shall be made available to such person or such persons attorney.
40-5-203. (a) Any test authorized by Code Section 40-5-201 shall be performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation. (b) Any test of a persons breath shall be performed on a machine approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation which machine shall be operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order. Such test shall be performed by an individual possessing a valid permit issued by the Division of Forensic Sciences for such purpose. (c) The Division of Forensic Sciences of the Georgia Bureau of Investigation shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instruments have met those requirements, which certificates and permits shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences. (d) In all cases where a law enforcement officer designates breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For either or both of these sequential samples to be admissible in the states or plaintiffs case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the law enforcement officer. A refusal to

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give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples.
40-5-204. (a) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language:
'This breath-testing instrument (serial no. ______________ ) was thoroughly inspected, tested, and standardized by the undersigned on (date ______________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' (b) When properly prepared and executed, as prescribed in this Code section, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the requirements of this Code section and Code Section 40-5-203.
40-5-205. (a) In all cases where a law enforcement officer designates blood testing pursuant to Code Section 40-5-202 for the purpose of determining the alcohol or other drug content, the sample may be drawn by a physician, physicians assistant, qualified technician, chemist, registered nurse, licensed practical nurse, medical technologist, medical laboratory technician, emergency medical technician, certified paramedic, phlebotomist, or other personnel trained to draw blood. (b) For the purpose of establishing that a person was qualified to draw blood at the time the blood was drawn, the following shall be admissible as evidence:
(1) Certification by the office of the Secretary of State or by the Department of Human Resources that a person who drew blood was licensed or certified in accordance with the laws, rules, or regulations of this state; (2) Records of a medical facility or employer, which records are duly certified by the custodian of such records as provided by Code Section 24-7-8, that certify that the person who drew the blood was properly trained and authorized to draw blood as an employee of the medical facility or employer; (3) Testimony, under oath, of the person who drew the blood; or (4) Testimony, under oath, of the supervisor of the person who drew the blood or the medical records custodian that the person who drew the blood was properly trained and authorized to draw blood as an employee of the medical facility or employer. (c) A medical facility, physician, physicians assistant, qualified technician, chemist, registered nurse, licensed practical nurse, medical technologist, medical laboratory technician, emergency medical technician, certified paramedic, phlebotomist, or other personnel trained to draw blood; or a duly licensed clinical laboratory director, supervisor, technologist, technician, or employer thereof; or other person assisting a law enforcement officer shall not incur any civil, criminal, or administrative liability as a

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result of the withdrawal of a blood specimen pursuant to generally accepted medical practices when requested in writing by a law enforcement officer or directed by a court of competent jurisdiction, regardless of whether the subject resisted administration of the test. Notwithstanding any other provision of law, obtaining a blood sample pursuant to this article shall not constitute the practice of medicine or any other profession relating to health care which is regulated, licensed, or certified by the state. (d) No privilege shall exist with regard to the disclosure by medical personnel to a law enforcement officer or prosecuting attorney of the results of a chemical test of a persons blood, breath, urine, or other bodily substance for the purpose of determining the alcohol or drug content of a persons blood irrespective of whether such test was done at the request of a treating physician, other medical personnel, or a law enforcement officer.
40-5-206. (a) Whenever any resident or nonresident person is charged with a violation of Part 2 of Article 15 of Chapter 6 of this title, the law enforcement officer shall take the drivers license of the person so charged. The drivers license shall be attached to the courts copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense unless the law enforcement officer is required to submit a report to the department pursuant to Code Section 40-5-207. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the drivers license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b) At the time the law enforcement officer takes the drivers license, the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required by this article, the officer shall issue a 30 day temporary driving permit; (2) If the drivers license is required to be suspended under Code Section 40-5-208, the officer shall issue a 30 day temporary driving permit; or (3) If the test or tests administered pursuant to this article indicate an alcohol concentration less than the level for an administrative suspension of the license pursuant to Code Section 40-5-208 but there are reasonable grounds to believe that the person violated Code Section 40-6-410, the officer shall issue a 180 day temporary driving permit. (c) A temporary driving permit issued pursuant to subsection (b) of this Code section shall be valid for the stated period or until the persons driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such persons driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary driving permit may

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be delayed. (d)(1) If the person is convicted of violating or enters a plea of nolo contendere to a violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title, the court shall, within ten days, forward the persons drivers license and the record of the disposition of the case to the department. If such person is in possession of a temporary driving permit issued pursuant to subsection (b) of this Code section, the court shall also require the person to surrender such temporary driving permit instanter. (2) If the person is not convicted of violating or does not enter a plea of nolo contendere to a violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title and the court is in possession of the drivers license, the court shall return the drivers license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition.
40-5-207. (a) A law enforcement officer shall submit a report to the department if:
(1) A person submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is required under this article; or (2) A person refuses to submit to a chemical test designated by a law enforcement officer as provided in this article. (b) A report submitted pursuant to subsection (a) of this Code section shall be in writing, signed by a law enforcement officer and in such form as the department shall prescribe. Such report may be submitted electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act.' The signature of the officer, whether actual or electronic, shall be considered an attestation of the officer that the facts contained therein are true and correct. (c) A law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the persons refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under Code Section 40-5-208. (d) The law enforcement officer shall forward the persons drivers license to the department along with the notice of intent to suspend or disqualify and the report required by subsections (a) and (b) of this Code section within ten calendar days after the date of the arrest of such person. This subsection shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5206. The failure of the officer to transmit the report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a drivers license as provided in this article.

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40-5-208. (a) Upon the receipt of the report of the law enforcement officer, the department shall suspend the persons drivers license, permit, or nonresident operating privilege pursuant to Code Section 40-5-209 if:
(1) The person submitted to a chemical test at the request of a law enforcement officer and the test results indicated that:
(A) The person had an alcohol concentration of 0.08 grams or more; (B) The person had an alcohol concentration of 0.02 grams or more and the person was under the age of 21; or (C) The person had an alcohol concentration of 0.04 grams or more and the person was operating or was in actual physical control of a moving commercial motor vehicle; or (2) The person refused to submit to the chemical test requested by a law enforcement officer. (b) If notice has not been given by a law enforcement officer pursuant to Code Section 40-5-207, the department, upon receipt of the report of such officer, shall suspend the persons drivers license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing. (c) The period of suspension provided for in this Code section shall be for a minimum period of one year; provided, however, that such suspension shall be subject to review as provided in this chapter. If the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the persons drivers license, permit, or nonresident operating privilege, subject to review as provided for in this chapter. (d) If the person is a resident without a drivers license, commercial drivers license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) of this Code section for suspension of a license or permit or disqualification to operate a commercial motor vehicle, subject to review as provided for in this chapter. (e) Any drivers license required to be suspended under the provisions of this Code section shall be suspended subject to the following terms and conditions: (1) Upon the first suspension pursuant to this Code section 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 and pays a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail,

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unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00, or $500.00 when processed by mail. A drivers license suspended pursuant to this Code section 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 and pays the prescribed restoration fee; (2) Upon the second suspension pursuant to this Code section 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 and pays a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail, unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00, or $500.00 when processed by mail. A drivers license suspended pursuant to this Code section 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 and pays the prescribed restoration fee; and (3) Upon the third or subsequent suspension pursuant to this Code section 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 this Code section 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 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. (f) An administrative license suspension pursuant to this Code section shall be counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 which arises out of the same violation for which the administrative license suspension was imposed. An administrative license suspension pursuant to this Code section shall run concurrently with any revocation of such drivers license pursuant to a subsequent determination that such person is a habitual violator. (g) 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. The driver shall pay a restoration fee of $210.00, or $200.00 when processed by mail. (h) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 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, during the period

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of administrative suspension contemplated under this article, shall be entitled to a limited driving permit as provided in Code Section 40-5-64.
40-5-209. (a)(1) A person whose drivers license is suspended or a person who is disqualified from operating a commercial motor vehicle pursuant to this article shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol, a drug, or any combination thereof or had a prohibited substance in his or her body; (B) Whether the law enforcement officer requested the person to submit to a state administered chemical test; (C) Whether at the time of the request for the test or tests the officer informed the person of the persons implied consent rights and the consequence of submitting or refusing to submit to such test; and (D)(i) Whether the person refused the test; or (ii)(I) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and (II) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order. A copy of the operators permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the drivers license suspension or disqualification. If no hearing is requested within ten business days as specified in paragraph (1) of this subsection, and the failure to request such hearing is due in

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whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the drivers license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officers decision is made. (4) In the event the person is acquitted of a violation of Code Section 40-6-410, 40-6411, 40-6-412, or 40-6-413 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the drivers license record. An accepted plea of nolo contendere shall be entered on the drivers license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the drivers license restoration fee shall be promptly returned by the department to the licensee. (b) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the departments final decision, as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' While such appeal is pending, the order of the department shall not be stayed.
40-5-210. (a) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by Code Section 40-5-209 for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the same amount as is authorized as per diem for law enforcement officers pursuant to Code Section 24-10-27 for each days attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. (b) The compensation provided for in this Code section shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this Code section shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the commissioner shall provide by rule. (c) A law enforcement officer requesting compensation pursuant to this Code section shall submit a request for payment in such form as the commissioner shall prescribe by rule. Such form shall be signed by the officer, attesting that the officer:
(1) Appeared at the implied consent hearing as a witness or complainant on the date and time shown in the request; (2) Was not on regular duty at the time of attending the hearing; and (3) Has not received and will not receive compensation from such officers regular employer for attending the hearing.

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(d) A request for compensation shall be certified by the hearing officer who presided at the hearing for which compensation is requested.
SECTION 1-3. Said title is further amended by redesignating the existing provisions of Article 15 of Chapter 6, relating to serious traffic offenses, as Part 1 and inserting a new Part 2 to read as follows:
Part 2 40-6-410. A person commits the offense of driving under the influence if such person drives or is in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug or marijuana to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; or (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this Code section to the extent that it is less safe for the person to drive.
40-6-411. A person commits the offense of driving with a prohibited substance in his or her body if such person drives or is in actual physical control of any moving vehicle and such person has:
(1) At any time within three hours after having driven or been in actual physical control of any moving vehicle, an alcohol concentration of 0.08 grams or more in such persons blood, breath, urine, or other bodily substance from alcohol consumed before or while driving or being in actual physical control of such motor vehicle; or (2) Any amount of a Schedule I controlled substance, as defined in Code Section 1613-25, present in such persons blood, urine, or other bodily substance, including the metabolites and derivatives of such controlled substances, without regard to whether any alcohol is present in the persons breath or blood.
40-6-412. A person commits the offense of driving a commercial motor vehicle with a prohibited substance in his or her body if such person drives or is in actual physical control of a commercial motor vehicle and has, at any time within three hours after having driven or been in actual physical control of such commercial motor vehicle, an alcohol concentration of 0.04 grams or more in such persons blood, breath, urine, or other bodily substance.

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40-6-413. A person commits the offense of underage driving with a prohibited substance in his or her body if a person under 21 years of age drives or is in actual physical control of any moving vehicle and has, at any time within three hours of driving or being in physical control of such motor vehicle, an alcohol concentration of 0.02 grams or more in such persons blood, breath, urine, or other bodily substance from alcohol consumed before or while driving or being in actual physical control of such motor vehicle.
40-6-414. (a) Unless otherwise provided in this part, any person convicted of any violation of Code Sections 40-6-410 through 40-6-413 shall be punished as follows:
(1) For a first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 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 conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a misdemeanor and shall be punished as follows:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (f) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; provided, however, that, if the offenders alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not less than 40 hours of community service; provided, however, that, for a conviction for violation of Code Section 40-6-413 where the persons alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; (2) For the second conviction within a five-year period of time, 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 conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a misdemeanor and shall be punished as follows: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not,

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except as provided in subsection (f) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 72 hours of actual incarceration; (C) Not less than 240 hours of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, 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 conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as follows: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (f) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 15 days of actual incarceration; (C) Not less than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated.

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(b) For the purpose of imposing a sentence under subsection (a) of this Code section, a plea of nolo contendere or an adjudication of delinquency based on a violation of Code Sections 40-6-410 through 40-6-413 shall constitute a conviction. (c) When a defendant has been convicted of violating, by a single transaction, more than one of the provisions of Code Sections 40-6-410 through 40-6-413, the court shall merge such offenses for the purpose of sentencing and such offenses shall be treated as a single conviction for the purposes of this Code section and Code Section 40-5-58.
(d)(1) If the payment of the fine required under subsection (a) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (2) or (3) of subsection (a) of this Code section for a second or subsequent conviction conditioned upon the defendants undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1. (e) Any person convicted of violating Code Section 40-6-412 shall, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Drivers License Act,' be fined as provided in subsection (a) of this Code section. (f)(1) In any case where a person is sentenced to a period of imprisonment pursuant to this Code section for a violation of Code Section 40-6-413, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (2) Any confinement of a person pursuant to a sentence to a period of imprisonment for a violation of Code Section 40-6-413 shall be served in a county jail; provided, however, that, for the first such violation, such person shall be kept segregated from all offenders other than those confined for violating such Code section.
40-6-415. (a) A person commits the offense of endangering a child by driving under the influence of alcohol or drugs if such person drives or is in actual physical control of any moving vehicle while in violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 while transporting a child under the age of 14 years. (b) Any person convicted of a violation of this Code section shall be punished as provided in subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

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(c) Any violation of this Code section shall be considered a separate offense.
40-6-416. (a) A school bus driver licensed pursuant to Article 7 of Chapter 5 of this title shall, upon a conviction of a violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 406-413 while driving a school bus, be punished by imprisonment for a period of not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. (b) Any violation of this Code section shall be considered a separate offense.
40-6-417. (a) Except as provided in subsection (b) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of this part, the amount of alcohol in the persons blood at the time alleged, as shown by chemical analysis of the persons blood, urine, breath, or other bodily substance, may give rise to inferences as follows:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410; or (3) If there was at that time an alcohol concentration of 0.08 grams or more, the trier of fact in its discretion may infer therefrom that the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410. (b)(1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of paragraph (1) of Code Section 40-6-411, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.08 or more grams in the persons blood, breath, urine, or other bodily substance, the person shall be in violation of paragraph (1) of Code Section 40-6-411. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-412, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the persons blood, breath, urine, or other bodily substance, the person shall be in violation of Code Section 40-6-412. (3) In any civil or criminal action or proceeding arising out of acts alleged to have

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been committed by any person in violation of Code Section 40-6-413, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the persons blood, breath, urine, or other bodily substance, the person shall be in violation of Code Section 40-6-413. (c) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-410, the refusal of the defendant to submit to a chemical analysis of his or her blood, breath, urine, or other bodily substance, or the failure to provide an adequate sample, shall be admissible in evidence against the person. The trier of fact, in its discretion, may infer from such refusal that any test given would have shown the presence of alcohol, drugs, or other prohibited substances.
40-6-418. The fact that any person charged with violating any of the provisions of this part is or has been legally entitled to use alcohol, marijuana, or a drug shall not constitute a defense against any charge of violating this part.
40-6-419. (a) Any conviction of or plea of nolo contendere to a violation of any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this part, shall be deemed to be a prior conviction under this part. (b) Any conviction of or plea of nolo contendere to a violation of former Code Section 40-6-391, or any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopted the provisions of former Code Section 40-6-391, shall be deemed to be a prior conviction under this part. (c) Any conviction of or plea of nolo contendere to a violation of any previously or currently existing law of this state or its political subdivisions or authorities; of the United States or its territories, dominions, and possessions; or of the several states or the political subdivisions of such states which, at the time such violation occurred, was the same or substantially conformed to the laws of this state shall be deemed to be a prior conviction under this part. For the purposes of this part, a conviction or plea of nolo contendere in a tribal court shall be deemed to be conviction by a court of the United States.
40-6-420. (a) The decision to accept a plea of nolo contendere to a charge of violating the provisions of this part shall be at the sole discretion of the judge; but, if such plea is accepted, the penalties provided for in Code Section 40-6-414 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person is charged with violating the provisions of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 and had an alcohol concentration of more than 0.15 grams at any time

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within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended. (b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating the provisions of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 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 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 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 Driver Services as provided in subsection (d) of Code Section 40-5-206.
40-6-421. The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted or adjudicated of violating any provision of this article.
40-6-422. (a) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in Code Section 40-6-414 upon a conviction of violating Code Sections 40-6-410 through 40-6413 or upon a conviction of violating any ordinance adopting the provisions of this article. (b) Any court authorized to hear cases involving violations of Code Sections 40-6-410 through 40-6-413 shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by Code Section 40-6-414.
40-6-423. (a) In addition to any other provisions of law, the clerk of the court in which a person is convicted a second or subsequent time of a violation of this article 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

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conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.
40-6-424. Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of this part, evidence of the amount of alcohol or drug in a persons blood, urine, breath, or other bodily substance obtained in accordance with the provisions of this part shall be admissible.
40-6-425. (a) Except as provided in this Code section, any motor vehicle operated by a person who has been declared a habitual violator for three violations of any of the provisions of this part and whose license has been revoked is declared to be contraband and subject to forfeiture to the state, as provided in this Code section. (b) Any motor vehicle subject to forfeiture under subsection (a) of this Code section shall be seized upon determination by any peace officer or law enforcement agency of this state or any political subdivision thereof who has the power to make arrests and whose duty it is to enforce this part that said motor vehicle is contraband as provided in subsection (a) of this Code section. When a motor vehicle is seized pursuant to this Code section, the peace officer seizing the same shall report the fact of seizure, within 20 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. (c) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest in the motor vehicle that is subject to forfeiture. (d) Within 60 days of the date of the seizure of a motor vehicle pursuant to this Code section, the district attorney shall initiate a forfeiture proceeding as provided in Code

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Section 16-13-49. If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in this subsection and subsection (b) of this Code section, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (e) An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. (f) Property which is forfeited pursuant to this Code section shall be disposed of as provided in Code Section 16-13-49. (g) The proceeds arising from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement agency it was that originally seized the motor vehicle. It is the intent of the General Assembly that, where possible, proceeds deposited into the state treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for:
(1) Any cost incurred in the seizure; (2) The costs of the court and its officers; and (3) Any costs incurred in the storage, advertisement, maintenance, or care of the motor vehicle. (h) In any case where a motor vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once.
PART II SECTION 2-1.
Code Section 6-2-5.1 of the Official Code of Georgia Annotated, relating to operation or physical control of aircraft while under the influence of alcohol or drugs, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
(b) Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as provided by and subject to the restrictions of subsection (a) of Code Section 40-6-392 Part 2 of Article 15 of Chapter 6 of Title 40.
SECTION 2-2. Code Section 12-3-315 of the Official Code of Georgia Annotated, relating to the

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exercise of police powers by the Lake Lanier Islands Development Authority, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
(c) The maximum punishment for violation of such an ordinance shall be stated in the ordinance and shall not exceed a fine of $500.00 or imprisonment for 60 days, or both, except that an ordinance adopting the provisions of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 shall provide the same punishment as provided by Code Section 40-6-391 for violations of that Code section part.
SECTION 2-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (b.1) of Code Section 15-11-66, relating to disposition of delinquent child, and inserting in lieu thereof a new subsection (b.1) to read as follows:
(b.1) Notwithstanding the provisions of subsections (a) and (b) of this Code section, 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 offense which would be a violation of subsection (k) of Code Section 40-6-391 40-6-413 if committed by an adult, the court shall make an order of disposition which, for purposes of the childs rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40-6-391 40-6-413 which are applicable to an adult convicted of violating subsection (k) of Code Section 40-6-391 40-6-413, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391 40-6-413. A previous finding that the child committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1.
SECTION 2-4. Said title is further amended by striking subsection (a) of Code Section 15-21-112, relating to additional penalty for violation of Code Section 40-6-391, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayors, recorders, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391 any of the provisions of Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 said part pursuant to Article 14 of Chapter 6 of Title 40, there shall be

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imposed as an additional penalty a sum equal to the lesser of $26.00 or 11 percent of the original fine.
SECTION 2-5. Said title is further amended by striking subsection (a) of Code Section 15-21-149, relating to fines, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or for violations of ordinances of political subdivisions which have adopted by reference Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.
SECTION 2-6. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subparagraph (c)(2)(S) of Code Section 16-10-51, relating to bail jumping, and inserting in lieu thereof a new subparagraph (c)(2)(S) to read as follows:
(S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391 Operating a motor vehicle in violation of Part 2 of Article 15 of Chapter 6 of Title 40; .
SECTION 2-7. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subparagraph (b)(2)(A) of Code Section 17-6-1, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, and inserting in lieu thereof a new subparagraph (b)(2)(A) to read as follows:
(A) A person charged with violating Code Section 40-6-391 any of the provisions of Part 2 of Article 15 of Chapter 6 of Title 40, relating to operating a motor vehicle while under the influence of alcohol or drugs, whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (5) of subsection (a) (1) of Code Section 40-6-391 40-6-411 may be detained for a period of time up to six hours after booking and prior to being released on bail or on recognizance; and .
SECTION 2-8. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 17-6-2, relating to acceptance of bail in misdemeanor cases, and inserting in lieu thereof a new paragraph (2) to read as follows:
(2) The individual posting a license as collateral pursuant to this subsection shall execute an acknowledgment and agreement between the individual and the State of Georgia as bond wherein the individual agrees to appear in court to answer the charges made against the individual and acknowledges that failure to appear in court when the case is scheduled for hearing, trial, or plea shall result in a forfeiture of the individuals license through suspension by operation of law effective upon the date of

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the individuals scheduled appearance. The individual shall also be notified that failure to appear in court as required may result in criminal prosecution for bail jumping as provided in Code Section 16-10-51. After execution of the agreement, except as otherwise provided by law, the license shall be returned to the individual and the original agreement shall be delivered to the prosecuting attorney for filing with the accusation, citation, or dismissal. Whenever an individual has been charged with a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, then the provisions of Code Section 40-5-67 40-5-206 shall apply.
SECTION 2-9. Said title is further amended by striking Code Section 17-10-3.1, relating to punishment for violations of Code Section 40-6-391, and inserting a new Code Section 17-10-3.1 to read as follows:
17-10-3.1. (a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 40-6-413 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 40-6-413 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that for the first such violation such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section 40-6-391 40-6-413.
SECTION 2-10. Said title is further amended by striking subsections (a) and (h) of Code Section 17-15-7, relating to persons eligible for victim compensation awards, and inserting in lieu thereof new subsections (a) and (h) to read as follows:
(a) Except as otherwise provided in this Code section, the following persons are eligible for awards pursuant to this chapter:
(1) A victim; (2) A dependent spouse or child of a victim; (2.1) For purposes of an award under subsection (k) of Code Section 17-15-8, any member of the immediate family of a victim of homicide by vehicle caused by a

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violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40; (3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or killed while aiding or attempting to aid a law enforcement officer in the prevention of crime or apprehension of a criminal at the officers request; (4) Any person who is a victim of family violence as defined by Code Section 19-131 and anyone who is a victim as a result of a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40; or (5) Any person who is not a direct service provider and who assumes the cost of an eligible expense of a victim regardless of such persons relationship to the victim or whether such person is a dependent of the victim. (h) A victim or claimant who has been convicted of a felony involving criminally injurious conduct and who is currently serving a sentence therefor shall not be considered eligible to receive an award under this chapter. For purposes of this subsection, 'criminally injurious conduct' means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. Such term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts committed were in violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40. For the purposes of this subsection, a person shall be deemed to have committed criminally injurious conduct notwithstanding that by reason of age, insanity, drunkenness, or other reason, he or she was legally incapable of committing a crime.
SECTION 2-11. Said title is further amended by striking paragraph (1) of subsection (k) of Code Section 17-15-8, relating to amount of victim compensation award, and inserting in lieu thereof a new paragraph (1) to read as follows:
(k)(1) In addition to any other award authorized by this Code section, in any case where a deceased was a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 on any road which is part of the state highway system, upon request of the next of kin of the deceased, an award of compensation in the form of a memorial sign erected by the Department of Transportation as provided by this subsection shall be paid to an eligible claimant.
SECTION 2-12. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 17-15-10, relating to the Georgia Crime Victims Emergency Fund, and inserting in lieu thereof a new paragraph (1) to read as follows:
(b)(1) The fund shall consist of all moneys received pursuant to Article 7 of Chapter

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21 of Title 15 from the assessment of additional penalties in cases involving a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 pursuant to Article 14 of Chapter 6 of Title 40.
SECTION 2-13. Code Section 20-2-984.2 of the Official Code of Georgia Annotated, relating to reports of criminal offenses to local boards of education, is amended by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows:
(6) Unlawfully operating a motor vehicle after being declared a habitual violator for violating Code Section 40-5-54, 40-6-391, 40-6-392, or 40-6-394, or Part 2 of Article 15 of Chapter 6 of Title 40, or any combination of such Code sections provisions.
SECTION 2-14. Code Section 33-9-43 of the Official Code of Georgia Annotated, relating to reduction in premiums for motor vehicle liability, is amended by striking paragraph (3) of subsection (c) and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) Had that persons drivers license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-67.1 Article 9 of Chapter 5 of Title 40 and that suspension has not been reversed, if appealed from.
SECTION 2-15. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (a) of Code Section 40-2-136, relating to surrender of license plates upon second or subsequent convictions of driving under the influence, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Upon any persons second or subsequent conviction of violating Code Section 406-391 Part 2 of Article 15 of Chapter 6 of this title 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 court shall issue an order requiring that the license plates of all motor vehicles registered in such persons name be surrendered to the court. The court shall notify the commissioner within ten days after issuing any such order, and the commissioner shall revoke each such license plate upon receiving such notice. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction.
SECTION 2-16. Said title is further amended by striking paragraphs (4) and (9) of Code Section 40-5-1,

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relating to definitions regarding drivers licenses, and inserting in lieu thereof new paragraphs (4), (9), and (13.1) to read as follows:
(4) 'Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offense covered under Code Section 40-6-391, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Code Section 40-6-391, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391 Reserved.
(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of 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 Part 2 of Article 15 of Chapter 6 of this title 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.
(13.1) 'Part 2 of Article 15 of Chapter 6 of this title' means Part 2 of Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offenses covered under Part 2 of Article 15 of Chapter 6 of this title, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Part 2 of Article 15 of Chapter 6 of this title, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Part 2 of Article 15 of Chapter 6 of this title.
SECTION 2-17. Said title is further amended by striking subsections (a) and (c) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
(a) The department shall maintain records regarding the drivers licenses and permits issued by the department under this chapter. The drivers records maintained by the department shall include:
(1) A record of every application for a license received by it and suitable indexes containing:
(A) All applications granted; and (B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action; (2) Drivers records received from other jurisdictions. Upon receipt of such drivers record, it shall become a part of such drivers record in this state and shall have the same force and effect as though entered on the drivers record in this state in the

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original instance; and (3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2 Article 9 of this chapter, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a drivers operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest.
(c)(1) The drivers record provided by the department shall include an enumeration
of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, and information pertaining to financial responsibility. The department shall furnish a drivers operating record or personal information from a drivers record under the following circumstances:
(A) With the written instructions and consent of the driver upon whom the operating record has been made and compiled;
(B)(i) Pursuant to a written request or a request made in accordance with a contract with the Georgia Technology Authority for immediate on-line electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a drivers operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or (ii) For the purpose of ascertaining necessary rating information by an insurance agent pursuant to an insurers contract with the Georgia Technology Authority for the immediate on-line electronic furnishing of limited rating information to such insurers agents. Limited rating information furnished under this division shall

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include only the number of violations of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a drivers operating record shall be released to such agents for purposes of rating; (B.1) The department shall implement a pilot program for 12 months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. Unless the Office of Planning and Budget determines that the pilot program is not successful, the department shall continue the program on a year-to-year basis and furnish limited rating information to insurance support organizations for the same purposes as provided in division (ii) of subparagraph (B) of this paragraph, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of this subsection have been met; (C) In accordance with Article 7 of this chapter, the 'Georgia Uniform Commercial Drivers License Act'; (D) To a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the drivers licensing agency of another state; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the drivers licensing agency of another state shall be limited to name, address, driver identification number, and medical or disability information; (E) Pursuant to a request from a public or private school system concerning any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information; (F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Division of the Georgia Technology Authority, and the department shall bear no costs associated with such access; and (G) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: (i) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (ii) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by,

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pursuing legal remedies against, or recovering on a debt or security interest against, the individual; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, and driver identification number and shall not include photographs, fingerprints, computer images, or medical or disability information. The personal information obtained by a business under this subparagraph shall not be resold or redisclosed for any other purpose without the written consent of the individual. Furnishing of information to a business under this subparagraph shall be pursuant to a contract entered into by such business and the state which specifies, without limitation, the consideration to be paid by such business to the state for such information and the frequency of updates. (2) Nothing in this Code section shall preclude the department from confirming or verifying the status of a drivers license or permit.
SECTION 2-18. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-24, relating to instruction permits, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a)(1) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (2) A person who has been issued an instruction permit under this subsection and has never been issued a Class D drivers license under subsection (b) of this Code section will become eligible for a Class D drivers license under subsection (b) of this Code section only if such person is at least 16 years of age, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D drivers license, has not been convicted of a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57. (3) This subsection does not apply to instruction permits for the operation of motorcycles. (b)(1) Any resident of this state who is at least 16 years of age and who, for a period

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of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D drivers license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D drivers license as provided in subsection (a) of this Code section, provided that a resident at least 16 years of age who has at any age surrendered to the department a valid instruction permit or drivers license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or drivers license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or drivers license toward meeting the eligibility requirements for a Class D drivers license the same as if such previously issued permit or drivers license were an instruction permit issued under subsection (a) of this Code section. (2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D drivers license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and
(B)(i) Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the drivers immediate family are less than 21 years of age. (ii) During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the drivers immediate family; provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition to any other traffic offense. (3) A person who has been issued a Class D drivers license under this subsection and has never been issued a Class C drivers license under this chapter will become eligible for a Class C drivers license under this chapter only if such person has a valid Class D drivers license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C drivers license, has not been convicted of a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age.

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SECTION 2-19. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-52, relating to suspension of license or operating privilege for conduct in another state, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) The department shall suspend, as provided in Code Section 40-5-63, the license of
any resident of this state and may suspend a nonresidents operating privilege, upon receiving notice of a conviction in another state of an offense described in Code Section 40-5-54 or Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title or any drug related offense. (b) The department is authorized to suspend or revoke the license of any resident or the operating privilege of any nonresident upon receiving notice of the conviction of such person in another state of an offense other than those described in Code Section 40-5-54 or Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title which, if committed in this state, would be grounds for the suspension or revocation of a drivers license.
SECTION 2-20. Said title is further amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, and inserting in lieu thereof a new Code Section 40-5-55 to read as follows:
40-5-55.
(a) The State of Georgia considers that any person who drives or is in actual physical control of any moving vehicle in violation of any provision of Code Section 40-6-391 constitutes a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6392, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities. (b) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be

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administered, subject to Code Section 40-6-392 Reserved.
SECTION 2-21. Said title is further amended by striking Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses and suspension of licenses of persons under age 18 for certain point accumulations, and inserting in lieu thereof a new Code Section 40-5-57.1 to read as follows:
40-5-57.1. (a) Notwithstanding any other provision of this chapter, the drivers license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title shall be suspended by the department as provided by this Code section; and the drivers license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. (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 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 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 Part 2 of Article 15 of Chapter 6 of this title, 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

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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.
(b.1) In any case where a persons drivers license was administratively suspended as a result of the offense for which the persons drivers license has been suspended pursuant to this Code section, the administrative license suspension period and the license suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license suspension period provided by this Code section. (c) Any drivers license suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the department and pays a fee equivalent to that required for restoration of a suspended drivers license under paragraph (1) of subsection (a) of Code Section 40-563; provided, however, that such fee shall not be required under this subsection if such persons drivers license was administratively suspended as a result of the offense for which the persons drivers license has been suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended drivers license. (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 2-22. Said title is further amended by striking Code Section 40-5-58, relating to habitual violators, and inserting in lieu thereof a new Code Section 40-5-58 to read as follows:
40-5-58. (a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:
(1) Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395 Part 2 of Article 15 of Chapter 6 of this title or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-554 or Code Sections 40-6-391 through 40-6-395 Part 2 of Article 15 of Chapter 6 of this title; or
(2) Singularly or in combination, any of the offenses described in paragraph (1) of

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this subsection. (b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail or statutory overnight delivery, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a drivers license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall, when declaring a defendant to be a habitual violator, then give personal notice to such defendant on forms provided by the department that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the department the order declaring that the defendant is a habitual violator, the notice of service, with the defendants drivers license or a sworn affidavit of the defendant declaring that the drivers license has been lost, and the departments copy of the uniform citation or the official notice of conviction attached thereto.
(c)(1) Except as provided in paragraph (2) of this subsection or in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her drivers license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid drivers license. Any person declared to be a habitual violator and whose drivers license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the department has issued such person a drivers license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose drivers license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued

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such person a drivers license shall be guilty of a misdemeanor. (2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (d) Notwithstanding any contrary provisions of Code Section 17-7-95, for the purposes of this Code section, any plea of nolo contendere entered and accepted after January 1, 1976, shall be considered a conviction. (e)(1) Notwithstanding any contrary provisions of this Code section or any other Code section of this chapter, any person who has been declared a habitual violator and who has had his or her drivers license revoked under subsection (b) of this Code section for a period of five years and two years have expired since the date on which such persons license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61, such person may be issued a probationary drivers license for a period of time not to exceed three years upon compliance with the following conditions:
(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary drivers license; (B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter which resulted in the death or injury of any individual; (C) Such person has successfully completed, prior to the issuance of the probationary drivers license, a defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department; (D) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of Title 3, relating to alcoholic beverages, or of violating any provision of Chapter 13 of Title 16, relating to controlled substances; (E) Such person shall submit a sworn affidavit that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana. It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no drivers license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph; (F) Such person submits proof of financial responsibility as provided in Chapter 9

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of this title; and (G) Refusal to issue a probationary drivers license would cause extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (v) Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his or her drivers license or by the commissioner. (2) Application for a probationary drivers license shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such license. All applications shall be signed by the applicant before a person authorized to administer oaths. (3) Upon compliance with the above conditions and the payment of a fee of $210.00, or $200.00 when processed by mail, such person may be issued a probationary drivers license by the department. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C drivers license, a person may be issued a replacement for a lost or destroyed probationary drivers license issued to him or her. (4) A probationary drivers license shall be endorsed with such conditions as the commissioner deems necessary to ensure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (A) Specific places between which the licensee may be allowed to operate a motor vehicle; (B) Routes to be followed by the licensee; (C) Times of travel; (D) The specific vehicles which the licensee may operate; and (E) Such other restrictions as the department may require. (5) A probationary drivers license issued pursuant to this Code section shall become invalid upon the expiration of the period of the suspension or revocation of the drivers license of such person. (6)(A)(i) Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor.

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(ii) Except as provided in division (iii) of this subparagraph, any probationary licensee violating any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony. (B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his or her license, shall have his or her license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 or Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title shall not be eligible to apply for a regular drivers license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater. (C) If the commissioner has reason to believe or makes a preliminary finding that the requirements of the public safety or welfare outweigh the individual needs of a person for a probationary license, the commissioner, in his or her discretion, after affording the person notice and an opportunity to be heard, may refuse to issue the license under this subsection. (D) Any person whose probationary drivers license has been revoked shall not be eligible to apply for a subsequent probationary license under this Code section for a period of five years. (7) Any person whose probationary license has been revoked or who has been refused a probationary license by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with Chapter 13 of Title 50. (f) If a persons license was revoked for a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title resulting from a motor vehicle collision in which any person lost his or her life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section.

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SECTION 2-23. Said title is further amended by striking subsection (b) of Code Section 40-5-62, relating to periods of suspension, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The department shall not issue a new license nor restore a persons suspended license or nonresidents operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title within a five-year period unless and until such person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00, or $200.00 if processed by mail, in addition to the fee prescribed by Code Section 40-5-25 to issue a new drivers license to a person whose drivers license has been revoked.
SECTION 2-24. Said title is further amended by striking subsections (a), (b), and (c) of Code Section 405-63, relating to periods of revocation, and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
(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 Part 2 of Article 15 of Chapter 6 of this title, unless the drivers license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2 Article 9 of this chapter, 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 Part 2 of Article 15 of Chapter 6 of this title 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 and pays a restoration fee of $210 $210.00, or $200 $200.00 when such reinstatement is processed by mail, unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00, or $500.00 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

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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 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 Part 2 of Article 15 of Chapter 6 of this title 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 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 Part 2 of Article 15 of Chapter 6 of this title 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 Part 2 of Article 15 of Chapter 6 of this title, 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; (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 Part 2 of Article 15 of Chapter 6 of this title 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 and pays a restoration fee of $210 $210.00, or $200 $200.00 when such reinstatement is processed by mail, unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00, or $500.00 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 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 Part 2 of Article 15 of Chapter 6 of this title 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 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

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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 Part 2 of Article 15 of Chapter 6 of this title 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 Part 2 of Article 15 of Chapter 6 of this title 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 Part 2 of Article 15 of Chapter 6 of this title. (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 Part 2 of Article 15 of Chapter 6 of this title 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.
SECTION 2-25. Said title is further amended by striking Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, and inserting in lieu thereof a new Code Section 40-5-63.1 to read as follows:
40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title within five years, as measured from the dates of previous arrests for which

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convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program, provided that such evaluation and treatment shall be at such persons expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title 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.
SECTION 2-26. Said title is further amended by striking subsections (a) and (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof new subsections (a) and (e) to read as follows:
(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title 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 conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that persons drivers license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-5-22, subsection (d) of Code Section 40-557, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) (e) of Code Section 40-5-67.2 40-5-208. (2) Any person whose drivers license has been suspended and who is subject to a court order for installation and use of an ignition interlock device as a condition of probation pursuant to the provisions Article 7 of Chapter 8 of Title 42 may apply for a limited driving permit.
(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the drivers eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicants drivers license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title, upon the expiration of

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30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) (e) of Code Section 40-5-67.2 40-5-208, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her drivers license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicants execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her drivers license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit.
SECTION 2-27. Said title is further amended by striking subsection (a) of Code Section 40-5-66, relating to appeals from decisions of the department, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Except as provided in subsection (h) of Code Section 40-5-67.1 40-5-64 and subsection (h) (b) of Code Section 40-5-64 40-5-209, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance.
SECTION 2-28. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of drivers license of persons charged with driving under the influence, and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the drivers license of the person so charged. The drivers license shall be attached to the courts copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the drivers license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.

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(b) At the time the law enforcement officer takes the drivers license, the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit; (2) If the drivers license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or (3) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-567.1, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid for the stated period or until the persons driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such persons driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed. (c)(1) If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the persons drivers license and the record of the disposition of the case to the department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section. (2) If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the drivers license, the court shall return the drivers license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition. (c) As used in this Code section, the term 'traffic accident resulting in serious injuries or fatalities' means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness Reserved.
SECTION 2-29. Said title is further amended by repealing Code Section 40-5-67.1, relating to chemical tests.
SECTION 2-30. Said title is further amended by repealing Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1.
SECTION 2-31. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspensions by operation of law, and inserting in lieu thereof a new Code

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Section 40-5-69 to read as follows: 40-5-69.
If a persons drivers license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2 40-5-208, the fact that the persons drivers license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title or that the persons drivers license was not retained by the court and forwarded to the department as provided in Code Section 40-5-67 40-5-206 or that the persons drivers license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension.
SECTION 2-32. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-75, relating to suspension of licenses by operation of law, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) The drivers license of any person convicted of possession, distribution,
manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(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 and pays to the Department of Driver Services a restoration fee of $210 $210.00, or $200 $200.00 when such reinstatement is processed by mail, unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00, or $500.00 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

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submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services a restoration fee of $210 $210.00, or $200 $200.00 when such reinstatement is processed by mail, unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00, or $500.00 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 (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 persons license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit; (B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the department; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. (b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title; or the law of any other jurisdiction, the court in which such conviction is had shall

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require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender of the drivers license or on the date that the department processes the conviction or citation, whichever shall first occur.
SECTION 2-33. Said title is further amended by striking Code Section 40-5-85, relating to reinstatement of licenses suspended for driving under influence of alcohol or drugs, and inserting in lieu thereof a new Code Section 40-5-85 to read as follows:
40-5-85. Notwithstanding any other provision of this chapter, any person convicted within five years of his or her first conviction as measured in paragraph (2) of subsection (c) of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title for a second time of the offense of driving under the influence of alcohol or drugs in violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title shall, upon compliance with all other requirements for reinstatement of his or her license as provided for in this chapter, be issued a drivers license which may bear a red stripe thereon. After seven years with no additional convictions for driving under the influence of alcohol or drugs any such person shall be issued a regular drivers license without such red stripe, provided that he or she is otherwise entitled to such license under the laws of this state.
SECTION 2-34. Said title is further amended by striking paragraph (13.1) of Code Section 40-5-142, relating to definitions regarding commercial drivers licenses, and inserting in lieu thereof a new paragraph (13.1) to read as follows:
(13.1) 'Driving a commercial vehicle while under the influence of alcohol' means committing any one or more of the following acts while a person is driving or in actual physical control of a moving commercial motor vehicle:
(A) Driving while the persons alcohol concentration is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; (B) Driving under the influence of alcohol, as prescribed by Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title; or (C) Refusal to submit to state-administered chemical testing when requested to do so by a law enforcement officer.
SECTION 2-35. Said title is further amended by striking subsection (d) of Code Section 40-5-148.1, relating to restricted commercial licenses for persons in agricultural industry, and inserting in lieu thereof a new subsection (d) to read as follows:
(d) All holders of restricted commercial drivers licenses shall be subject to disqualifications and penalties under Code Sections 40-5-151 through 40-5-153 and 40-

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5-152 and Article 9 of this chapter and shall be subject to all notices, verifications, and license checks otherwise required under this article.
SECTION 2-36. Said title is further amended by striking subsections (a) and (c) of Code Section 40-5151, relating to disqualification from driving, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
(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 Part 2 of Article 15 of Chapter 6 of this title; or
(2) For refusal to submit to a test as prescribed in Code Section 40-5-55 Article 9 of this chapter to determine the drivers alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle. (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 Part 2 of Article 15 of Chapter 6 of this title, the refusal to submit to state administered chemical testing as prescribed by Code Section 40-5-55 Article 9 of this chapter, or any combination of those offenses or refusals, arising from two or more separate incidents.
SECTION 2-37. Said title is further amended by striking subsection (b) of Code Section 40-5-152, relating to operating a commercial vehicle while having measurable alcohol in system, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) A person who drives, operates, or is in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system or who refuses to take a test prescribed by Code Section 40-5-55 Article 9 of this chapter to determine his or her alcohol content must be placed out of service for 24 hours.
SECTION 2-38. Said title is further amended by striking Code Section 40-5-153, relating to implied consent to chemical test regarding commercial vehicles, and inserting in lieu thereof a new Code Section 40-5-153 to read as follows:

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40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that persons blood, breath, or urine for the purpose of determining that persons alcohol concentration or the presence of other drugs. (b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system. (c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that persons being disqualified from operating a commercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-5-67.1. (d) If the person refuses testing, the law enforcement officer must submit an affidavit to the department within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing. (e) Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the department must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-67.1. If the driver is in possession of a drivers license, the officer shall take possession of the license and attach it to the affidavit Reserved.
SECTION 2-39. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 40-6-3, relating to application of chapter to operation of vehicles on highways and exceptions, and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) The provisions of this chapter relating to reckless driving, driving in violation of Code Section 40-6-391 Part 2 of Article 15 of this chapter, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the state; .
SECTION 2-40. Said title is further amended by striking Code Section 40-6-291, relating to traffic laws applicable to bicycles, and inserting in lieu thereof a new Code Section 40-6-291 to read as follows:
40-6-291. The provisions of this chapter that apply to vehicles, but not exclusively to motor vehicles, shall apply to bicycles, except that the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection (c) of Code Section 40-6-391, and subsection (a) of

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Code Section 40-6-393, and Code Section 40-6-414 shall not apply to persons riding bicycles.
SECTION 2-41. Said title is further amended by striking Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof a new Code Section 40-6-391 to read as follows:
40-6-391.
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The persons alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the persons blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the persons breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 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 conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension,

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stay, or probation; (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offenders alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not less than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the persons alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; (2) For the second conviction within a five-year period of time, 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 conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 72 hours of actual incarceration; (C) Not less than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or

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pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 15 days of actual incarceration; (C) Not less than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere or an adjudication of delinquency based on a violation of this Code section shall constitute a conviction. (d)(1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g)(1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order

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may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (2) or (3) of subsection (c) of this Code section for a second or subsequent conviction conditioned upon the defendants undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1. (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section: (1) Any federal law substantially conforming to or parallel with the offense covered under this Code section; (2) Any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this Code section; or (3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section. (i) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such persons blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Drivers License Act,' shall be fined as provided in subsection (c) of this Code section. (j)(1) The clerk of the court in which a person is convicted a second or subsequent time under subsection (c) of this Code section 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 conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous

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publication, provided such publication was made in good faith. (k)(1) A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the persons alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. (2) Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section, provided that any term of imprisonment served shall be subject to the provisions of Code Section 17-10-3.1, and any period of community service imposed on such person shall be required to be completed within 60 days of the date of sentencing. (3) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section. (l) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child Reserved.
SECTION 2-42. Said title is further amended by repealing Code Section 40-6-391.1, relating to entry of plea of nolo contendere.
SECTION 2-43. Said title is further amended by repealing Code Section 40-6-391.2, relating to seizure and forfeiture of a motor vehicle operated by a habitual violator.
SECTION 2-44. Said title is further amended by repealing Code Section 40-6-391.3, relating to penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus.
SECTION 2-45. Said title is further amended by striking Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, and inserting in lieu thereof a new Code Section 40-6-392 to read as follows:
40-6-392. (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, evidence of the amount of alcohol or drug in a persons blood, urine, breath, or other

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bodily substance at the alleged time, as determined by a chemical analysis of the persons blood, urine, breath, or other bodily substance shall be admissible. Where such a chemical test is made, the following provisions shall apply:
(1)(A) Chemical analysis of the persons blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instruments have met those requirements, which certificates and permits shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences. (B) In all cases where the arrest is made on or after January 1, 1995, and the state selects breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For either or both of these sequential samples to be admissible in the states or plaintiffs case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the state; provided, however, that after an initial test in which the instrument indicates an adequate breath sample was given for analysis, any subsequent refusal to give additional breath samples shall not be construed as a refusal for purposes of suspension of a drivers license under Code Sections 40-5-55 and 40-5-67.1. Notwithstanding the above, a refusal to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples. An adequate breath sample shall mean a breath sample sufficient to cause the breath-testing instrument to produce a printed alcohol concentration analysis. (2) When a person shall undergo a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical

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test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section. (b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the persons blood at the time alleged, as shown by chemical analysis of the persons blood, urine, breath, or other bodily substance, may give rise to inferences as follows: (1) If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391; or (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391. (c)(1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of paragraph (5) of subsection (a) of Code Section 40-6391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.08 or more grams in the persons blood, breath, or urine, the person shall be in violation of paragraph (5) of subsection (a) of Code Section 40-6-391. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the persons blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391. (3) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or

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being in actual physical control ended an alcohol concentration of 0.02 grams or more in the persons blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391. (d) In any criminal trial, the refusal of the defendant to permit a chemical analysis to be made of his blood, breath, urine, or other bodily substance at the time of his arrest shall be admissible in evidence against him. (e)(1) A certification by the office of the Secretary of State or by the Department of Human Resources that a person who drew blood was a licensed or certified physician, physicians assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, or phlebotomist at the time the blood was drawn; (2) Testimony, under oath, of the blood drawer; or (3) Testimony, under oath, of the blood drawers supervisor or medical records custodian that the blood drawer was properly trained and authorized to draw blood as an employee of the medical facility or employer shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section. (f) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: 'This breath-testing instrument (serial no. ______________ ) was thoroughly inspected, tested, and standardized by the undersigned on (date ______________ ) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (a) of this Code section and subparagraph (g)(2)(F) of Code Section 40-5-67.1 Reserved.
SECTION 2-46. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6393, relating to homicide by vehicle, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 or Part 2 of Article 15 of this chapter commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 or Part 2 of Article 15 of this chapter

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commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
SECTION 2-47. Said title is further amended by striking Code Section 40-6-393.1, relating to feticide by vehicle, and inserting in lieu thereof a new Code Section 40-6-393.1 to read as follows:
40-6-393.1. (a)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391 Part 2 of Article 15 of this chapter, which would be homicide by vehicle in the first degree as provided in subsection (a) or (c) of Code Section 406-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years. (b)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391 Part 2 of Article 15 of this chapter, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3.

SECTION 2-48. Said title is further amended by striking Code Section 40-6-394, relating to serious injury by vehicle, and inserting in lieu thereof a new Code Section 40-6-394 to read as follows:
40-6-394.
Whoever, without malice, shall cause bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 Part 2 of Article 15 of this chapter shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.
SECTION 2-49. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking paragraph (1) of subsection (b) of Code Section 42-4-7, relating to maintenance of inmate record by sheriff and earned time allowances, and inserting in lieu

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thereof a new paragraph (1) to read as follows: (b)(1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations of felony offenses or as provided in subsection (a) of Code Section 17-10-3 may award earned time allowances to such inmates based on institutional behavior. Earned time allowances shall not be awarded which exceed one-half of the period of confinement imposed, except that the sheriff or other custodian may authorize the award of not more than four days credit for each day on which an inmate does work on an authorized work detail; provided, however, that such increased credit for performance on a work detail shall not apply to an inmate who is incarcerated for: (A) A second or subsequent offense of driving under the influence under Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 within a five-year period of time, as measured from the date of any previous arrest for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted; (B) A misdemeanor of a high and aggravated nature; or (C) A crime committed against a family member as defined in Code Section 19-131.
SECTION 2-50. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 42-8-34, relating to hearings and determinations regarding probation, and inserting in lieu thereof a new paragraph (2) to read as follows:
(2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 or Part 2 of Article 15 of Chapter 6 of Title 40 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorders, mayors, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury.
SECTION 2-51. Said title is further amended by striking subsection (a) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) In addition to any other provision of probation, upon a second or subsequent conviction of a resident of this state for violating Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for

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which a conviction is obtained, for which such person is granted probation, the court shall order as conditions of probation that:
(1) Such person shall have installed and shall maintain in each motor vehicle registered in such persons name throughout the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device, unless the court exempts the person from the requirements of this paragraph based upon the courts determination that such requirements would subject the person to undue financial hardship; and (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the law of another state or territory substantially conforming to any offense under Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 shall be deemed a conviction of violating said Code section part.
SECTION 2-52. Said title is further amended by striking paragraphs (2) and (3) of subsection (b) of Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary license, and inserting in lieu thereof new paragraphs (2) and (3) to read as follows:
(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 Article 9 of Chapter 5 of Title 40 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 40-5-63.1, 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 six-month 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 40-525.

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(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 Article 9 of Chapter 5 of Title 40 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.
PART III SECTION 3-1.
(a) The passage of this Act shall not abate or affect any prosecution or administrative proceedings against any person for violations of the law as it existed immediately prior to the effective date of this Act. Such prosecutions and administrative proceedings shall continue to be governed by the provisions of law in effect immediately prior to the effective date of this Act. (b) The passage of this Act shall not affect any suspensions, revocations, or other administrative sanctions regarding drivers licenses and the ability to operate a motor vehicle in this state that were in existence immediately prior to the effective date of this Act. Such suspensions, revocations, and other administrative sanctions shall remain in full force and effect. (c) The passage of this Act shall not affect any sentence imposed by any court upon any person for violations of the law as it existed immediately prior to the effective date of this Act. Such sentences shall remain in full force and effect.
SECTION 3-2. This Act shall become effective on July 1, 2006, and shall apply to all violations committed on and after such date.
SECTION 3-3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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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
Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick
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
Seay Y Shafer,D

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

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

SB 502, having received the requisite constitutional majority, was passed by substitute.

Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1344 until 10:00 a.m. Tuesday, February 28, 2006; the motion prevailed, and at 12:12 p.m. the President announced the Senate adjourned.

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1117

Senate Chamber, Atlanta, Georgia Tuesday, February 28, 2006
Twenty-fourth Legislative Day

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

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

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 363.

By Representatives Murphy of the 23rd, Rice of the 51st and Powell of the 29th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replating of 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 provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1023. By Representatives Franklin of the 43rd, Forster of the 3rd, Willard of the 49th, Lane of the 167th, Neal of the 1st and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that a person must have reached the age of majority to contract marriage; to repeal an exception to such age requirement in the case of pregnancy or live

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birth; to remove an exception to parental consent based upon pregnancy or live birth; to repeal conflicting laws; and for other purposes.
HB 1145. By Representatives Ralston of the 7th, Mumford of the 95th and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluators report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1170. By Representatives Parsons of the 42nd, Williams of the 4th, Hembree of the 67th, Heard of the 104th, Smith of the 70th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to examination fees for application for certificate of registration; to repeal conflicting laws; and for other purposes.
HB 1250. By Representatives Barnard of the 166th and Greene of the 149th:
A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to change the repeal date of the "Probation Management Act of 2004"; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1292. By Representatives Keown of the 173rd, Neal of the 1st, Mills of the 25th, Buckner of the 130th, Borders of the 175th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create a prison chaplains appreciation day; to repeal conflicting laws; and for other purposes.

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HB 1366. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), so as to provide for a municipal court for the City of Leesburg; to provide the City Council certain powers to determine qualifications and requirements relating to municipal court judges; to provide for certain penalties for violations under the jurisdiction of the municipal court; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has adopted by the requisite constitutional majority the following Resolutions of the House:
HR 1081. By Representatives Smith of the 113th, Ehrhart of the 36th, Harbin of the 118th, Royal of the 171st, Floyd of the 147th and others:
A RESOLUTION creating the Joint Higher Education Finance and Formula Study Committee; and for other purposes.
HR 1259. By Representative Barnard of the 166th:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across or through property owned by the State of Georgia in Chatham, Coweta, Douglas, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate amendment to the following Bill of the House:
HB 978. By Representatives Hill of the 21st and Smyre of the 132nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 45 of the O.C.G.A., relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide for the terms of members of the commission and the filling of vacancies; to provide for duties and responsibilities; to provide a definition; to provide for the acceptance of certain funds; to provide limitations on the consideration and passage of bills and resolutions authorizing or requiring the display of certain artwork; to provide for related matters; to repeal Code Section 50-16-5.2 of the Official Code of

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Georgia Annotated, relating to the creation of the Georgia Art Policy Committee; to repeal conflicting laws; and for other purposes.

The following communication was received by the Secretary:

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

February 28, 2006

TO:

Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Judiciary Committee

The Committee on Assignments has appointed one ex-officio member to the Senate Judiciary Committee to serve for the remainder of the 2006 session. The Senator appointed to serve as an ex-officio member is:

Senator Mitch Seabaugh

Please contact us if you have further questions.

/s/ Eric Johnson

The following Senate legislation was introduced, read the first time and referred to committee:

SB 594. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Thompson of the 5th, Brown of the 26th and Reed of the 35th:

A BILL to be entitled an Act to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for

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1121

certain purposes, so as to provide for weighting of grades for honors, advanced placement, and international baccalaureate courses for purposes of determining eligibility for postsecondary scholarships, grants, or loans; to provide for the establishment of minimum state-wide standards for honors courses; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

SB 595. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Thompson of the 5th, Brown of the 26th and Reed of the 35th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the dates relating to the reporting system for purposes of qualification for the HOPE scholarship; to provide for notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

SB 596. By Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the 46th, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to prohibit human cloning; to provide for civil and criminal penalties; to provide for related matters; to amend Article 3 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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SB 597. By Senators Pearson of the 51st, Balfour of the 9th, Cagle of the 49th, Powell of the 23rd, Schaefer of the 50th and others:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 598. By Senators Mullis of the 53rd, Cagle of the 49th, Stephens of the 27th, Kemp of the 46th, Schaefer of the 50th and others:
A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to provide for certain requirements before a registered sex offender may enter a school, day-care center, or similar facility; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 599. By Senators Tolleson of the 20th, Cagle of the 49th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change a definition; to change requirements for eligibility for certification as a land surveyor-in-training and for a certificate of registration as a land surveyor; to provide for related matters; to repeal conflicting laws; and for other purposes
Referred to the Regulated Industries and Utilities Committee.

SB 600. By Senators Fort of the 39th, Tate of the 38th, Thomas of the 2nd, Seay of the 34th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide for a moratorium on the administration of a death sentence; to

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1123

provide a statement of legislative findings; to provide for conflicts and construction; to provide for applicability; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 601. By Senators Mullis of the 53rd and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public Safety Training Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 602. By Senators Smith of the 52nd, Mullis of the 53rd, Kemp of the 46th and Stephens of the 27th:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources with respect to mental health, so as to require the privatization of one or more state facilities for the treatment of mental illness; to provide for contracts; to provide for requirements for the operation of the treatment facility or facilities; to provide for the continued employment for current employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 603. By Senators Thomas of the 54th, Goggans of the 7th, Balfour of the 9th, Williams of the 19th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 16-13-21 of the O.C.G.A., relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to the physicians, so as to provide for a physician to delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical

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devices, and in certain life-threatening situations to order radiographic imaging; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 604. By Senators Harp of the 29th, Tolleson of the 20th and Harbison of the 15th:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to change certain provisions relating to buffers adjacent to rivers or perennial streams; to provide for current use assessment for certain undeveloped land areas within buffer zones established by law or local ordinance adjacent to rivers, perennial streams, or reservoirs; to provide for exemptions from certain covenant and penalty provisions; to provide for loss current use assessment in certain circumstances; to provide an effective date; to provide for applicability; to provide for to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 605. By Senators Harp of the 29th, Hamrick of the 30th, Henson of the 41st, Balfour of the 9th, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for direct loans to students for attendance at certain postsecondary institutions at the rate of 1 percent annually; to provide for definitions; to provide for the maximum amount of such loans; to provide for eligibility requirements; to provide for the random selection of recipients of such loans from eligible applicants; to provide for a fund for such loans that is separate from the general loan fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 606. By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial

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1125

services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 607. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to prohibit certain activities in certain business establishments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SR 1025. By Senator Kemp of the 46th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for dedication of certain revenue derived from fees from the sale of specially designed license plates to a state department or commission for purposes of supporting and promoting the equine industry in this state and further provide that such funds shall not lapse; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SR 1027. By Senators Wiles of the 37th, Harp of the 29th, Hamrick of the 30th, Balfour of the 9th and Adelman of the 42nd:
A RESOLUTION creating the Senate Study Committee on Court Surcharges and Additional Fines; and for other purposes.
Referred to the Judiciary Committee.

SR 1030. By Senators Fort of the 39th, Tate of the 38th, Thomas of the 2nd, Seay of the 34th and Zamarripa of the 36th:
A RESOLUTION creating the Georgia Capital Punishment Study Commission to study the death penalty; to provide for the powers, duties, and compensation of its members; to urge the suspension of executions until such time as a report

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from such study commission is submitted to the General Assembly; and to urge the General Assembly to act in response to recommendations from the study commission; and for other purposes.
Referred to the Judiciary Committee.
SR 1034. By Senator Goggans of the 7th:
A RESOLUTION celebrating the life of SGT Mathew Vincent Gibbs and dedicating the SGT Mathew Vincent Gibbs Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:
HB 363. By Representatives Murphy of the 23rd, Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replating of 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 provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1023. By Representatives Franklin of the 43rd, Forster of the 3rd, Willard of the 49th, Lane of the 167th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that a person must have reached the age of majority to contract marriage; to repeal an exception to such age requirement in the case of pregnancy or live birth; to remove an exception to parental consent based upon pregnancy or live birth; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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1127

HB 1145. By Representatives Ralston of the 7th, Mumford of the 95th and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluators report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 1170. By Representatives Parsons of the 42nd, Williams of the 4th, Hembree of the 67th, Heard of the 104th, Smith of the 70th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to examination fees for application for certificate of registration; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

HB 1250. By Representatives Barnard of the 166th and Greene of the 149th:
A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to change the repeal date of the "Probation Management Act of 2004"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 1292. By Representatives Keown of the 173rd, Neal of the 1st, Mills of the 25th, Buckner of the 130th, Borders of the 175th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to

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create a prison chaplains appreciation day; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.

HB 1366. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), so as to provide for a municipal court for the City of Leesburg; to provide the City Council certain powers to determine qualifications and requirements relating to municipal court judges; to provide for certain penalties for violations under the jurisdiction of the municipal court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HR 1081. By Representatives Smith of the 113th, Ehrhart of the 36th, Harbin of the 118th, Royal of the 171st, Floyd of the 147th and others:
A RESOLUTION creating the Joint Higher Education Finance and Formula Study Committee; and for other purposes.
Referred to the Finance Committee.

HR 1259. By Representative Barnard of the 166th:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across or through property owned by the State of Georgia in Chatham, Coweta, Douglas, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

The following committee reports were read by the Secretary:

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1129

Mr. President:

The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 556 Do Pass

Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 531 Do Pass by substitute

Respectfully submitted, Senator Hudgens of the 47th District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 396 Do Pass by substitute SB 533 Do Pass by substitute

SB 534 Do Pass by substitute SB 542 Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 510 Do Pass by substitute

Respectfully submitted, Senator Tolleson of the 20th District, Chairman

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JOURNAL OF THE SENATE

The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SR 865 Do Pass

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman
Mr. President:
The Retirement Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 660 Do Pass HB 809 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:
SB 64 Do Pass by substitute

Respectfully submitted, Senator Balfour of the 9th District, Chairman

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1131

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 1270 HB 1322 HB 1329 HB 1344 SB 276 SB 500

Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass by substitute

SB 566 SB 567 SB 568 SB 569 SB 577

Do Pass Do Pass Do Pass Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Wiles of the 37th District, Chairman

Mr. President:

The Veterans and Military Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HR 1425 Do Pass SB 523 Do Pass

SB 538 Do Pass by substitute SB 539 Do Pass

Respectfully submitted, Senator Douglas of the 17th District, Chairman

The following legislation was read the second time:

SB 423 SB 429

SB 484

SB 504

SB 535

SB 561

SR 853

Senator Golden of the 8th 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 Golden of the 8th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.
Senator Goggans of the 7th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

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The roll was called and the following Senators answered to their names:

Balfour Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Golden Hamrick Harbison Harp Heath Henson Hill,Jack Hill,Judson

Hooks Hudgens Johnson Jones Kemp Miles Moody Mullis Pearson Powell Reed Schaefer Seabaugh Seay Shafer,D Smith Starr

Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Adelman Grant

Brown (Excused)

Fort

Meyer von Bremen (Excused) Rogers (Excused)

The members pledged allegiance to the flag.

Senator Thomas of the 2nd introduced the chaplain of the day, Dr. Thomas Williams of Thunderbolt, Georgia, who offered scripture reading and prayer.

The following resolution was read and adopted:

SR 1035. By Senators Thomas of the 2nd and Johnson of the 1st:

A RESOLUTION recognizing and honoring the St. Patricks Day Parade Committee, Chairman James "Jay" Burke III and the 2006 St. Patricks Day Parades Grand Marshal, Anthony "Tony" Thomas Ryan; and for other purposes

Senators Johnson of the 1st and Thomas of the 2nd recognized representatives of the St. Patrick's Day Parade Committee, commended by SR 1035. Grand Marshal Anthony "Tony" Thomas Ryan addressed the Senate briefly.

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1133

Senator Pearson of the 51st recognized the family of Noah Harris, commended by SR 779, adopted previously. The President introduced Congressman Nathan Deal. Congressman Deal addressed the Senate briefly and spoke to the resolution.
Senator Goggans of the 7th introduced the doctor of the day, Dr. S. William Clark III.
The President introduced Congressman Sanford Bishop. Congressman Bishop addressed the Senate briefly.
The following resolutions were read and adopted:
SR 1026. By Senators Carter of the 13th and Hooks of the 14th:
A RESOLUTION recognizing and commending Miss Jenna Morgan Stanford, 2006 Georgia Watermelon Queen; and for other purposes.
SR 1029. By Senators Stephens of the 27th and Adelman of the 42nd:
A RESOLUTION commending Mr. Sherwin Glass; and for other purposes.
SR 1031. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Dr. Ann L. Hardman; and for other purposes.
SR 1032. By Senator Harbison of the 15th:
A RESOLUTION congratulating Chasity R. Hardman, Miss Columbus 2006; and for other purposes.
SR 1033. By Senator Carter of the 13th:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Zack Wade, and Mr. Joe Cook; and for other purposes.
SR 1036. By Senator Brown of the 26th:
A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, observing February 28, 2006, as Macon Day in Atlanta-Taste of Macon; recognizing the 2006 Cherry Blossom Festival; and for other purposes

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Senator Shafer of the 48th asked unanimous consent that the following bill be withdrawn from the Senate Health and Human Services Committee and committed to the Senate Science and Technology Committee:
SB 596. By Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the 46th, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to prohibit human cloning; to provide for civil and criminal penalties; to provide for related matters; to amend Article 3 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
The consent was granted, and SB 596 was committed to the Senate Science and Technology Committee.

The following legislation on the Consent Calendar for Privileged Resolutions was read and adopted:

SR 991. By Senators Harp of the 29th and Grant of the 25th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Allen Hoffmeyer of Georgia College & State University on Academic Recognition Day for 2006; and for other purposes.

SR 992. By Senators Harp of the 29th and Thomas of the 54th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer M. Caylor of Dalton State College on Academic Recognition Day for 2006; and for other purposes.

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SR 993. By Senators Harp of the 29th and Meyer von Bremen of the 12th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Blake K. Willis of Darton College on Academic Recognition Day for 2006; and for other purposes.
SR 994. By Senators Harp of the 29th and Golden of the 8th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Emily R. McGill of Valdosta State University on Academic Recognition Day for 2006; and for other purposes.
SR 995. By Senators Harp of the 29th and Cagle of the 49th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Elizabeth J. Broman of North Georgia College & State University on Academic Recognition Day for 2006; and for other purposes.
SR 996. By Senators Harp of the 29th and Cagle of the 49th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Dwight David Lanier of Gainesville State College on Academic Recognition Day for 2006; and for other purposes.
SR 997. By Senators Harp of the 29th and Tolleson of the 20th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Joy Elizabeth Salter of Middle Georgia College on Academic Recognition Day for 2006; and for other purposes.
SR 998. By Senators Harp of the 29th and Bulloch of the 11th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Joseph M. Kelly of Bainbridge College on Academic Recognition Day for 2006; and for other purposes.
SR 999. By Senators Harp of the 29th and Meyer von Bremen of the 12th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Angelica L. Fowler of Albany State University on Academic Recognition Day for 2006; and for other purposes.

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SR 1000. By Senators Harp of the 29th and Fort of the 39th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Brandon Luders of the Georgia Institute of Technology on Academic Recognition Day for 2006; and for other purposes.
SR 1001. By Senators Harp of the 29th and Goggans of the 7th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Drew Davenport of South Georgia College on Academic Recognition Day for 2006; and for other purposes.
SR 1002. By Senators Harp of the 29th and Goggans of the 7th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Darin M. Lane of Waycross College on Academic Recognition Day for 2006; and for other purposes.
SR 1003. By Senators Harp of the 29th and Smith of the 52nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Adam Lee of Georgia Highlands College on Academic Recognition Day for 2006; and for other purposes.
SR 1004. By Senators Harp of the 29th and Hooks of the 14th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Leigha A. Frady of Georgia Southwestern State University on Academic Recognition Day for 2006; and for other purposes.
SR 1005. By Senators Harp of the 29th and Harbison of the 15th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Edward Howard of Columbus State University on Academic Recognition Day for 2006; and for other purposes.
SR 1006. By Senators Harp of the 29th and Hooks of the 14th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Yolanda C. Anderson of Fort Valley State University on Academic Recognition Day for 2006; and for other purposes.

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SR 1007. By Senators Harp of the 29th and Wiles of the 37th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Laura Lynn Mayhew of Kennesaw State University on Academic Recognition Day for 2006; and for other purposes.
SR 1008. By Senators Harp of the 29th and Chance of the 16th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jeffery Z. Murdock of Gordon College on Academic Recognition Day for 2006; and for other purposes.
SR 1009. By Senators Harp of the 29th and Thomas of the 2nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Amanda Svendsen of Armstrong Atlantic State University on Academic Recognition Day for 2006; and for other purposes.
SR 1010. By Senators Harp of the 29th and Thomas of the 2nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Quentin A. Heyward of Savannah State University on Academic Recognition Day for 2006; and for other purposes.
SR 1011. By Senators Harp of the 29th and Johnson of the 1st:
A RESOLUTION commending University System of Georgia Outstanding Scholar Herbert J. Dye III of Coastal Georgia Community College on Academic Recognition Day for 2006; and for other purposes.
SR 1012. By Senators Harp of the 29th and Kemp of the 46th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Melissa Cabinian of the University of Georgia on Academic Recognition Day for 2006; and for other purposes.
SR 1013. By Senators Harp of the 29th and Stoner of the 6th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Barbara Smoot of Southern Polytechnic State University on Academic Recognition Day for 2006; and for other purposes.

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SR 1014. By Senators Harp of the 29th and Hill of the 4th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kathi Lea Garrett of East Georgia College on Academic Recognition Day for 2006; and for other purposes.
SR 1015. By Senators Harp of the 29th and Hill of the 4th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Joseph Daniel Rose of Georgia Southern University on Academic Recognition Day for 2006; and for other purposes.
SR 1016. By Senators Harp of the 29th and Zamarripa of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Suwaibou Jaiteh of Atlanta Metropolitan College on Academic Recognition Day for 2006; and for other purposes.
SR 1017. By Senators Harp of the 29th and Brown of the 26th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Robbie Parks of Macon State College on Academic Recognition Day for 2006; and for other purposes.
SR 1018. By Senators Harp of the 29th and Weber of the 40th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Seleha Hina Mehmood of Georgia Perimeter College on Academic Recognition Day for 2006; and for other purposes.
SR 1019. By Senators Harp of the 29th, Starr of the 44th and Seay of the 34th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Leigh Beasley of Clayton State University on Academic Recognition Day for 2006; and for other purposes.
SR 1020. By Senators Harp of the 29th and Seabaugh of the 28th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Olanrewaju Y. Jimoh of the University of West Georgia on Academic Recognition Day for 2006; and for other purposes.

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SR 1021. By Senators Harp of the 29th, Zamarripa of the 36th and Fort of the 39th:

A RESOLUTION commending University System of Georgia Outstanding Scholar Ava Katherine Ward of Georgia State University on Academic Recognition Day for 2006; and for other purposes.

SR 1022. By Senators Harp of the 29th and Tarver of the 22nd:

A RESOLUTION commending University System of Georgia Outstanding Scholar Kathryn Bayman Cargile of the Medical College of Georgia on Academic Recognition Day for 2006; and for other purposes.

SR 1023. By Senators Harp of the 29th and Tarver of the 22nd:

A RESOLUTION commending University System of Georgia Outstanding Scholar Kalon J. Hinds of Augusta State University on Academic Recognition Day for 2006; and for other purposes.

SR 1024. By Senators Harp of the 29th and Carter of the 13th:

A RESOLUTION commending University System of Georgia Outstanding Scholar Michael Joseph William Maw of Abraham Baldwin Agricultural College on Academic Recognition Day for 2006; and for other purposes.

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.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Tuesday, February 28, 2006 Twenty-fourth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 577

Kemp of the 46th Hudgens of the 47th MADISON COUNTY

A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues of Madison

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County, Georgia," approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988, p. 4692), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4716), so as to provide for a quorum; to allow for the vote of the chairperson; to abolish the office of treasurer; to authorize the position of chief financial officer; to provide for salaries and expenses; to provide for the establishment of policies; to provide for public hearings; to provide for a referendum; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Chance of the 16th Douglas of the 17th SPAULDING COUNTY
A BILL to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), an Act approved March 30, 1977 (Ga. L. 1977, p. 4238), an Act approved March 13, 1978 (Ga. L. 1978, p. 3196), an Act approved April 11, 1979 (Ga. L. 1979, p. 3452), an Act approved April 6, 1981 (Ga. L. 1981, p. 4129), an Act approved March 21, 1984 (Ga. L. 1984, p. 4534), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5545), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Douglas of the 17th CITY OF COVINGTON
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Covington; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the

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boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to repeal conflicting laws; and for other purposes.

HB 1329

Douglas of the 17th CITY OF COVINGTON

A BILL to be entitled an Act to authorize the City of Covington 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.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

HB 1344

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

A BILL to be entitled an Act to provide for legislative declarations with respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County; to repeal conflicting laws; and for other purposes.

The substitute to the following bill was put upon its adoption:

*SB 577:

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 577:

A BILL TO BE ENTITLED AN ACT

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To amend an Act entitled "An Act to create a board of commissioners of roads and revenues of Madison County, Georgia," approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988, p. 4692), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4716), so as to provide for a quorum; to allow for the vote of the chairperson; to abolish the office of treasurer; to authorize the position of chief financial officer; to provide for salaries and expenses; to provide for the establishment of policies; to provide for public hearings; to provide for a referendum; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to create a board of commissioners of roads and revenues of Madison County, Georgia," approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988, p. 4692), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4716), is amended by striking in its entirety Section 7 and inserting in lieu thereof the following:
SECTION 7. Three members of the board, not including the chairperson, shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members. A majority vote of the entire board shall control the determination of all policies of the board. All members of the board other than the chairperson shall be required to vote on all questions coming before the board unless a member is disqualified to vote thereon because of conflict of interest or other legal reason. The chairperson shall be authorized to vote only to break a tie vote, unless the chairperson is disqualified to vote thereon because of conflict of interest or other legal reason.

SECTION 2. Said Act is further amended by striking in its entirety Section 8 and inserting in lieu thereof the following:
SECTION 8. The office of county treasurer is abolished, and the board of commissioners is authorized to appoint or employ a county chief financial officer and designate his or her duties.

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SECTION 3. Said Act is further amended by striking in its entirety Section 9 and inserting in lieu thereof the following:
SECTION 9. (a)(1) The chairperson of the board of commissioners of Madison County shall receive an annual salary in an amount set by the board of commissioners, payable in equal monthly installments from county funds. (2) Members of the board other than the chairperson shall receive a salary of $7,200.00 per annum, plus an additional $25.00 per month for each full year of service as commissioner, not to exceed an additional $300.00 per month. Such salary shall be payable in equal monthly installments from county funds. (3) Whenever the employees covered by the state merit system receive a cost-ofliving increase of a certain percentage or a certain amount, the salaries of the chairperson and other members of the board shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by the state employees is in different percentages or different amounts as to certain categories of employees, the salaries of the chairperson and other members of the board shall be increased by a percentage or an amount equal to the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salaries of the chairperson and other members of the board shall become effective six months following the date the costof-living increase received by state employees becomes effective. (4) The vice chairperson of the board of commissioners shall receive an additional $600.00 per year, payable in equal monthly installments from county funds. (b) In addition to the salaries provided in subsection (a) of this section, each member of the board, including the chairperson, may receive up to $1,000.00 per annum in travel expenses. Such travel expenses shall be paid only for out-of-county travel on county business at actual transportation cost while traveling by public carrier or actual miles traveled at the prevailing rate paid per mile by the State of Georgia for its employees when using a personal automobile. Each member shall be paid such travel expenses upon submitting to the clerk of the board a statement of such travel supported by proper vouchers. If a member of the board fails to incur $1,000.00 in travel expenses, such balance remaining shall not be carried over to the next calendar year.
SECTION 4. Said Act is further amended by striking in its entirety Section 9A and inserting in lieu thereof the following:
SECTION 9A. The office of county manager is created. The county manager shall be appointed by the board of commissioners and shall serve at the pleasure of the board of commissioners. Any person appointed as county manager shall possess administrative qualifications as

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evidenced by background or experience in public administration or related fields and such additional qualifications as determined by the board of commissioners. No member of the board of commissioners shall be appointed as county manager during the term of office for which he or she is elected. The county manager shall receive such compensation, expenses, and benefits as fixed by the board. In conformity with policies and procedures established by the board of commissioners, it shall be the duty of the county manager to administer the affairs and day-to-day business of the county, to perform duties of an administrative nature, and to exercise such powers and responsibilities which may be determined by the board and which are not assigned to another person, office, or entity by law or ordinance.
SECTION 5. Said Act is further amended by striking in its entirety Section 11 and inserting in lieu thereof the following:
SECTION 11. At the first meeting in January of each year, the board shall hold, in addition to its regular meeting, a meeting to determine the policies of the board as to its employees, their salaries and duties, and what disciplinary measures shall be taken against employees who have been or are derelict in their duties. In addition to the policies relating to the employees, the board shall also determine its policies as to the building or construction of roads and bridges, not including state or federal highways, and policies as to the repair and upkeep of said roads and bridges. After the adoption of said policies, the same may not be changed or altered in any respect except at a regular meeting of the board at which at least three members are present.
SECTION 6. Said Act is further amended by striking in its entirety Section 17 and inserting in lieu thereof the following:
SECTION 17. The chairperson shall be a part-time employee of Madison County.

SECTION 7. The governing authority of Madison County shall hold at least three public hearings on the subject of this Act prior to the referendum provided for in Section 8 of this Act. Each such public hearing shall be moderated by a neutral moderator of the governing authoritys choice, which may include the Madison County delegation to the General Assembly. The governing authority shall advertise such public hearings, including publishing notice in a newspaper of general circulation throughout the county once a week for two consecutive weeks.

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SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Madison County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Madison County for approval or rejection. The election superintendent shall conduct that election at the time of the November, 2006, general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Madison County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which changes the form of government of Madison County by providing for a part-time chairperson and for the
( ) NO appointment of a county manager to administer the affairs and day-today business of the county?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Madison County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 9. The board of commissioners of Madison County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 10. Sections 1 through 6 of this Act shall become effective only as provided in Section 8 of this Act. All other sections of this Act shall become effective upon the approval of this Act 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.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

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The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson Y Jones Y Kemp E Me V Bremen
Miles Y Moody
Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton
Stephens Y Stoner Y Tarver
Tate Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local bills, the yeas were 42, nays 0.

The bills on the Local Consent Calendar, except SB 577, having received the requisite constitutional majority, were passed.

SB 577, having received the requisite constitutional majority, was passed by substitute.

Senator Staton of the 18th recognized representatives of Macon and Bibb County, commended by SR 1036, adopted previously.

NOTICE OF MOTION TO RECONSIDER:

SB 456

Privacy; mobile telephone usage; unlawful to disseminate information without expressed consent of subscriber; penalties; exception (Substitute)(S&T-37th)

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SENATE RULES CALENDAR TUESDAY, FEBRUARY 28, 2006 TWENTY-FOURTH LEGISLATIVE DAY

SB 376

Jury Duty; exemption of certain spouses/children of deceased military persons; define term (PF) (Substitute)(JUDY-17th)

SB 419

Lottery Proceeds; provide method to recover delinquent child support payments; change certain provisions (Substitute)(S JUDY-29th)

SB 427

Public Retirement Systems Investment Authority Law; define terms; alternative investments (Substitute)(RET-32nd)

SB 454

Law Enforcement Vehicles; require patrol vehicle markings for Georgia State Patrol (PS&HS-17th)

SB 522

Amy's Law; disposition for delinquent acts; change certain provisions (Substitute)(JUDY-30th)

SB 413

Compulsory School Attendance Law; exemptions; provide local board of education policies; minimum annual attendance; change provisions (Substitute)(ED&Y-56th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Rogers of the 21st asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

The following legislation was read the third time and put upon its passage:

SB 376. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide an exemption for certain spouses and children of certain deceased military persons; to define a certain term; to repeal conflicting laws; and for other purposes.

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The Senate Judiciary Committee offered the following substitute to SB 376:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide an exemption for certain spouses and children of certain deceased military persons; to provide for definitions; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by inserting at the end thereof the following:
(d)(1) As used in this subsection, the term: (A) 'Official written verification' means a document issued by the United States Department of Defense stating a deceaseds qualification to hazardous duty pay and the deceaseds date of death. (B) 'Qualified child' means a person between the ages of 18 and 21 who is the child of any person killed after September 11, 2001, while on ordered federal duty while in a status which qualified the deceased to hazardous duty pay. (C) 'Qualified spouse' means a surviving unremarried spouse of any person killed after September 11, 2001, while on ordered federal duty while in a status which qualified the deceased to hazardous duty pay. (2)(A) A qualified spouse who presents a copy of his or her marriage certificate; or (B) A qualified child who presents a copy of his or her birth certificate or adoption certificate who requests to be excused or deferred from jury duty shall be excused from jury duty upon presentation of a copy of an official written verification. (3) The exemption or deferral provided by this subsection shall apply for five years as measured from the date of death.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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1149

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 376, having received the requisite constitutional majority, was passed by substitute.

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 Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

SB 419. By Senators Harp of the 29th, Hudgens of the 47th, Shafer of the 48th, Tolleson of the 20th and Bulloch of the 11th:

A BILL to be entitled an Act to amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, so as to provide a method to recover delinquent child support payments from certain lottery proceeds; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to require the child support enforcement agency to present claims for delinquent child support with the Georgia Lottery Corporation for the protection of the interest of the state and families owed

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delinquent due child support; to change certain provisions relating to said articles; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
The Senate Special Judiciary Committee offered the following substitute to SB 419:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, so as to provide a method to recover delinquent child support payments from certain lottery proceeds; to change certain provisions relating to said article; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, is amended by striking Code Section 5027-55, relating to applicability of article to prizes of $5,000.00 or more, and inserting in its place a new Code Section 50-27-55 to read as follows:
50-27-55. The provisions of this article shall only apply to prizes of $5,000.00 or more and shall not apply to any retailers authorized by the board to pay prizes of up to $5,000.00 after deducting the price of the ticket or share; excepting that a claim for delinquent child support filed by the Child Support Enforcement Agency of the Department of Human Resources shall apply to all prizes of $2,500.00 or more.
SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to prizes awarded on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden E 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 E Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 419, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Nancy Schaefer District 50 323-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Retirement Banking and Financial Institutions Economic Development Ethics Special Judiciary

The State Senate Atlanta, Georgia 30334
February 28, 2006

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Mr. Secretary,
It appeared I did not vote on SB 419. I voted right at the beginning I thought. Please alter my no vote to a vote for SB 419.
Thank you,
/s/ Nancy Schaefer District 50
SB 427. By Senators Hill of the 32nd, Smith of the 52nd, Hudgens of the 47th, Hill of the 4th, Harp of the 29th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the O.C.G.A., the "Public Retirement Systems Investment Authority Law," so as to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes.
The Senate Retirement Committee offered the following substitute to SB 427:
A BILL TO BE ENTITLED AN ACT
To amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," is amended by inserting at the end thereof a new Code section to read as follows:
47-20-87.
(a) As used in this Code section, the term: (1) 'Alternative investments' means the following investments: (A) Privately placed investment pools, including, without limitation, private investment funds, such as: (i) Leveraged buyout funds; (ii) Mezzanine funds; (iii) Workout funds; (iv) Debt funds; (v) Venture capital funds; (vi) Merchant banking funds; and (vii) Funds of funds and secondary funds that include investments in privately placed investment pools described in this subparagraph, in each case whether structured as a partnership, limited liability company, trust, corporation, joint venture, or other entity or investment vehicle of any type; organized or operating in one of the states or territories of the United States or outside the United States; such pool will invest in the United States or outside the United States or any combination thereof; or such pool makes investments of the type described in subparagraph (B) of this paragraph or other investments of any type or any combination thereof; (B) Private placements and other private investments, including without limitation: (i) Leveraged buyouts; (ii) Venture capital investment; (iii) Equity investments, including, without limitation, preferred and common stock; (iv) Warrants; (v) Options; (vi) Private investments in public securities; (vii) Recapitalizations; (viii) Privatizations; (ix) Mezzanine debt investments; (x) Distressed debt and equity investments, including, without limitation, cases in which the investor may take control of the issuer; (xi) Other debt investments, whether secured or unsecured, senior or subordinated, recourse or nonrecourse, convertible, or otherwise; (xii) Convertible securities; (xiii) Receivables; (xiv) Interests, as such term is referred to in Sections 501 and 502 of Title 11 of the United States Code;

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(xv) Claims, as such term is defined in paragraph (5) of Section 101 of Title 11 of the United States Code; (xvi) Debt and equity derivative instruments of all types; and (xvii) All other debt and equity private placements of all types, in each case whether issued by a partnership, limited liability company, trust, corporation, joint venture, or other entity or vehicle of any type or whether the issuer is organized or does business in one of the states or territories of the United States or outside the United States; and (C) Any distribution in kind received by an eligible large retirement system in connection with any investment described in subparagraphs (A) and (B) of this paragraph. (2) 'Eligible large retirement system' shall be a large retirement system as defined in subsection (a) of Code Section 47-20-84; provided, however, that such term shall not include the Teachers Retirement System of Georgia. (b) In addition to the eligible investments authorized by Code Section 47-20-82, and without applicability of any restrictions set forth in Code Sections 47-20-83 and 47-2084, an eligible large retirement system is authorized to invest in alternative investments in accordance with the provisions of this Code section. Further, when provisions of Code Section 47-20-83 or 47-20-84 or any provisions of this article other than this Code section limit a particular form of investment to a certain percentage of retirement system assets, the denominator will include alternative investments with all other investments, but the numerator for any such calculation will not include any alternative investments, even if any such alternative investment is of a like kind as the investments that are included in the numerator. (c) An alternative investment may not exceed in any case 20 percent of the aggregate amount of: (1) The capital to be invested in the applicable private pool, including all parallel pools and other related investment vehicles established as part of the investment program of the applicable private pool; and (2) The securities being issued in the applicable private placement, in each case determined at the time such alternative investment is initially either made or committed to be made, as applicable, but taking into consideration any investments that have previously been or are concurrently being made or committed to be made. Each alternative investment by an eligible large retirement system shall have previously been or shall be concurrently made or committed to be made by at least four other investors not affiliated with the issuer. Such four other investors shall be investing on substantially the same terms and conditions as those applicable to the investment by the eligible large retirement system to the extent such other investors are similarly situated with the eligible large retirement system. Alternative investments shall only be made in private pools and issuers that have at least $100 million in assets, including committed capital, at the time the investment is initially made or committed to be made by an eligible large retirement system.

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(d) Alternative investments by an eligible large retirement system may not in the aggregate exceed 5 percent of the retirement system assets at any time. The board of trustees of an eligible large retirement system shall have the discretion to designate whether any investment that is permitted to be made as an alternative investment pursuant to this Code section and is also permitted to be made as an investment pursuant to Code Section 47-20-83 shall be treated for purposes of the 5 percent limitation and otherwise as an alternative investment made pursuant to this Code section or as an investment made pursuant to Code Section 47-20-83. If the eligible large retirement system is not in compliance with the limitations imposed by this subsection, it shall make a good faith effort to come into compliance within two years and in any event as soon as practicable thereafter; provided, however, that during any period of noncompliance the eligible large retirement system shall not increase the percentage of its assets committed to be invested in alternative investments but shall be permitted during such period to continue to make investments as required by the then existing commitments of the eligible large retirement system to alternative investments made before the period of noncompliance. (e) The provisions of this subsection shall apply only to the Employees Retirement System of Georgia. New commitments to alternative investments may not in the aggregate exceed 1 percent of the retirement system assets in any calendar year until the first occurrence that 4 l/2 percent of the retirement system assets are invested in alternative investments, at which time there shall be no limit on the percentage of commitments that may be made in any calendar year, subject to compliance with the other provisions of this Code section.
(f)(1) For purposes of this subsection, the term 'information' shall include, without limitation, preinvestment and postinvestment diligence information, including reviews and analyses prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment. (2) In addition to those records that are exempted from being open to inspection by the general public under Code Section 47-1-14 and except as otherwise provided in this subsection, an eligible large retirement system may in its discretion treat as confidential and withhold from public inspection and disclosure all information prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment and held by an eligible large retirement system and may agree in making an alternative investment to treat such information as confidential and withhold it from public inspection and disclosure. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, an eligible large retirement system shall make publicly available the following information, but only to the extent the following information is otherwise available or maintained by said eligible large retirement system in the normal course and only after a period of one year from the date such records were created:
(A) The name of any alternative investment in which the eligible large retirement

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system has invested; excluding, in the case of an alternative investment in a privately placed investment pool, any information concerning the investments made by such privately placed investment pool; (B) The date the eligible large retirement system first invested in an alternative investment described in paragraph (1) of this subsection; (C) The aggregate amount of money, expressed in dollars, the eligible large retirement system has invested in alternative investments as of the end of any fiscal quarter; (D) The aggregate amount of money and the value of any in kind or other distribution, in each case, expressed in dollars, the large retirement system received from alternative investments; (E) The internal rate of return or the result under any other such standard used by the eligible large retirement system in connection with alternative investments for the asset class and for the period for which the return or standard was calculated; and (F) The remaining cost of alternative investments in which the eligible large retirement system has invested as of the end of any fiscal quarter. (4) The provisions of this Code section shall not restrict access to information and records under process of law or by officers otherwise entitled to them for official purposes, but such information and records shall have the same confidential status under process or with such officers as it does in the hands of an eligible large retirement system, and such officers shall respect such confidentiality to the extent consistent with their separate powers and duties. (g) Unless the information has been publicly released, preinvestment and postinvestment diligence information, including reviews and analyses, prepared or maintained by the large retirement system or by an alternative investment firm is confidential and exempted from being open to inspection by the general public pursuant to Article 4 of Chapter 18 of Title 50, except to the extent it is subject to disclosure from the requirements of subsection (f) of this Code section. (h) The respective boards of trustees of eligible large retirement systems making investments authorized by this Code section shall adopt a code of ethics for the consideration of and investment in and disposition of alternative investments. (i) Funds invested pursuant to this Code section and any return on such investment shall remain funds of the retirement system.

SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, is amended by striking the word "or" at the end of paragraph (18) of subsection (a), by striking the period at the end of paragraph (19) of subsection (a) and inserting in lieu thereof the symbol and word "; or", and by inserting at the end of subsection (a) the following:

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(20) Records that are expressly exempt from public inspection pursuant to Code Sections 47-1-14 and 47-20-87.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts

Russell W. Hinton State Auditor (404) 656-2174

270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400

January 31, 2006 The Honorable Judson Hill State Senator Paul D. Coverdell Office Building, Room 327-B Atlanta, Georgia 30334

Dear Senator Hill:

SUBJECT: State Auditor's Certification Substitute to Senate Bill 427 (LC 21 8683S)

This bill would amend provisions relating to the Public Retirement Systems Investment Authority Law. Specifically, this bill would define the term `alternative investments' and would allow `eligible large retirement systems' to make such alternative investments. This bill would also provide limits regarding the amount of assets that may be invested in alternative investments. Under the provisions of this bill, alternative investments, in the aggregate, may not exceed 5% of the retirement system assets at any time. In the event a system is out of compliance with the limitations, this bill provides provisions for the system to come back into compliance. Furthermore, this bill would provide for confidentiality of certain documents that are used in determining which alternative investments to hold. It should be noted that this legislation excludes the Teachers Retirement System from participating in such investment practices.

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This is to certify that this substitute bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law.
Respectfully,
/s/ Russell W. Hinton State Auditor

On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden E 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 N 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 Y Stoner Y Tarver
Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 3.

SB 427, having received the requisite constitutional majority, was passed by substitute.

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SB 454. By Senators Douglas of the 17th and Kemp of the 46th:

A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to require patrol vehicle markings for Georgia State Patrol vehicles and exclude other vehicles used by the Department of Public Safety from the marking requirements; to increase the number of solid color marked vehicles allowed per post; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden E 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 Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 454, having received the requisite constitutional majority, was passed.

Senator Seay of the 34th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused.

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Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.
Senator Tolleson of the 20th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.
Senator Whitehead of the 24th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.
SB 522. By Senators Hamrick of the 30th, Seabaugh of the 28th and Unterman of the 45th:
A BILL to be entitled an Act to provide for a short title; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judges authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 522:
A BILL TO BE ENTITLED AN ACT
To provide for a short title; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judges authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as the "Amys Law."
SECTION 2. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-70, relating to duration and termination of orders of disposition for delinquent or unruly children and extensions of such orders, and inserting in lieu thereof the following:
15-11-70. (a) Except as otherwise provided by law in subsection (b) of this Code section, an order of disposition committing a delinquent or unruly child to the Department of Juvenile Justice continues in force for two years or until the child is sooner discharged by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if:
(1) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) If the court commits a delinquent child to the Department of Juvenile Justice for a delinquent act which if done by an adult would be punishable by loss of life or confinement for life in a penal institution, then the courts commitment may continue until the childs twenty-first birthday. Any child committed to the Department of Juvenile Justice under the provisions of this subsection shall not be discharged from the custody of the Department of Juvenile Justice unless a motion for early release is granted by the court. The court which made the order of commitment may shorten the duration of its order if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the parties affected; and (3) The court finds that the discharge is necessary to accomplish the purposes of the original order and for the treatment or rehabilitation of the child. (b)(c) Except as otherwise provided by law, in subsection (b) of this Code section, any other order of disposition in a proceeding involving delinquency or unruliness, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and

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opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c)(d) The court may terminate an order of disposition of a child adjudicated as delinquent or unruly or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (d)(e) Unless otherwise provided by law, when a child who has been adjudicated as delinquent or unruly reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.
SECTION 3. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by striking subsection (e) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children and their discharge from commitment, and inserting in lieu thereof the following:
(e) Except as provided by subsection (e.1) of this Code section and subsection (b) of Code Section 15-11-70, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the childs care and treatment has been completed, the department may:
(1) Permit the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the childs confinement under such conditions as the department may believe best designed to serve the childs welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desirable; (4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge the child from control of the department pursuant to subsection (a) of Code Section 15-11-70 when it is satisfied that such discharge will best serve the childs welfare and the protection of the public.
SECTION 4. This Act shall become effective on July 1, 2006, and shall apply to all delinquent acts occurring on or after July 1, 2006.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Hamrick of the 30th offered the following amendment:

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Amend the Senate Judiciary Committee substitute to SB 522 by striking lines 7 and 8 of page 2 and inserting in lieu thereof the following:
delinquent act which if done by an adult would be the crime of murder, then the courts commitment may continue until the childs

On the adoption of the amendment, the yeas were 36, nays 0, and the Hamrick amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter
Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner
Tarver E Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

SB 522, having received the requisite constitutional majority, was passed by substitute.

Senator Unterman of the 45th recognized the family of Martha Talbot Eaves, commended by SR 951, adopted previously. Ms. Casey Eaves addressed the Senate briefly.

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Senator Adelman of the 42nd asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.
The Calendar was resumed.
SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Education and Youth Committee offered the following substitute to SB 413:
A BILL TO BE ENTITLED AN ACT
To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to clarify certain provisions relating to mandatory education; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, is amended by striking Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, and

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inserting in lieu thereof the following: 20-2-690.1.
(a) Mandatory attendance in a public school, private school, or home school program shall be required for children ages six through 15. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma. (a)(b) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the childs failure to enroll and attend is caused by the childs parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (b)(c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each days absence from school in violation of this part after the childs school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public

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school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year. (c)(d) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. (e) An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall share with the student and parent or guardian the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the required conference with the child and parent or legal guardian.
SECTION 2. Said subpart is further amended by striking Code Section 20-2-691, relating to minimum annual attendance required, and inserting in its place the following:
20-2-691. The minimum session of annual school attendance required under this subpart shall be

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for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has successfully completed all requirements for a high school diploma grades.
SECTION 3. Said subpart is further amended by striking Code Section 20-2-693, relating to exemptions to compulsory attendance, and inserting in its place the following:
20-2-693. (a) Children between their seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community. (b) Children between their seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Schaefer of the 50th, Rogers of the 21st, Williams of the 19th and Seabaugh of the 28th offered the following amendment #1:
Amend the Senate Education and Youth Committee substitute to SB 413 (LC 33 1354S) by inserting after "attendance;" on line 8 of page 1 the following:
to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to require written parental or legal guardian permission for membership in a specific club or activity; to provide for adoption of policies and procedures by local boards of education to provide information regarding school sponsored clubs and extracurricular activities to parents and legal guardians; to provide that local school systems shall comply with written notification from parents and legal guardians withholding permission for participation; to require annual permission for club membership and participation in activities;
By inserting between lines 17 and 18 of page 4 the following:
SECTION 4. Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,

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relating to school attendance, is amended by inserting a new subpart to be designated Subpart 2A to read as follows:
Subpart 2A 20-2-705. (a) Each local board of education shall adopt policies and procedures for notifying parents or guardians of students regarding school sponsored clubs and extracurricular activities, and providing an opportunity for parents or guardians to withhold permission for a child to join designated clubs or participate in designated activities. An annual notification utilizing the student handbook or other appropriate method regarding school sponsored clubs shall include without limitation the name of the club, mission or purpose of the club, name of the clubs faculty advisor, and a description of past or planned activities. A similar notification regarding extracurricular activities shall include without limitation the mission or purpose of the extracurricular activity, name of the faculty advisor, and a description of planned programs or actions. Each local school system shall comply with the written notification from a parent or guardian who has withheld permission for a child to join a club or participate in an activity, and shall not allow a child to join a club or participate in an activity in contravention of written notification from the childs parent or guardian forbidding such club or activity. (b) All clubs, programs, or extracurricular activities occurring on school property or sponsored by schools, school staff, or students shall require written parental or legal guardian permission for membership in each specific club or activity. (c) Beginning with the 2006-2007 school year, each local school system shall obtain written parental or legal guardian permission for a student to participate in or be a member of a school sponsored club or extracurricular activity. Each local school system shall obtain this permission at the beginning of each school year.
By redesignating Section 4 as Section 5.
Senator Thomas of the 2nd requested a ruling of the Chair as to the germaneness of the amendment #1.
The President ruled the amendment germane.
Senator Adelman of the 42nd appealed the ruling of the Chair.
The President deferred to the Senate Parliamentarian, President Pro Tempore Johnson of the 1st.
The Senate Parliamentarian concurred with the ruling of the Chair.
On the adoption of the amendment, the yeas were 33, nays 9, and the Schaefer of the 50th et al. amendment #1 was adopted.

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Senators Kemp of the 46th and Thompson of the 33rd offered the following amendment #2:

Amend the Senate Education and Youth Committee substitute to SB 413 by striking the word "To" at the beginning of line 1 on page 1 and inserting in place thereof the following:
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education; to

By striking all matter on line 8 of page 1 and inserting in place thereof the following: provisions relating to exemptions from compulsory attendance; to amend Part 5 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for school bus pickup schedules; to provide for related

By inserting a new Section 3.1 to read as follows:

SECTION 3.1. Part 5 of Article 22 of Chapter 2 of Title 20, relating to school buses, is amended by striking Code Section 20-2-1127, relating to a schedule of school bus routes, in its entirety and inserting in place thereof the following:
20-2-1127.
Each public school system in this state shall make accessible a schedule of school bus routes that indicate the morning pickup route beginning time and the afternoon school bell time as well as the total number of stops on each school bus route. The time for the bus arrival at each stop will be commensurate with the route beginning time and prescribed stop sequence, except in unforeseen circumstances. This provision shall not apply to portal-to-portal special needs student transportation or special alternative instructional transportation programs Reserved.

On the adoption of the amendment, the yeas were 48, nays 2, and the Kemp, Thompson of the 33rd amendment #2 was adopted.

On the adoption of the substitute, the yeas were 34, nays 4, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour E Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Stoner
N Tarver E Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 42, nays 9.

SB 413, having received the requisite constitutional majority, was passed by substitute.

Senator Douglas of the 17th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Public Safety and Homeland Security Committee:

SB 606. By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 606 was committed to the Senate Public Safety and Homeland Security Committee.
The following communication was received by the Secretary:

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Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334

Committees: Appropriations Health and Human Services Retirement State and Local Governmental Operations

The State Senate Atlanta, Georgia 30334

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Dr. Horacena Tate Senator, 38th District

Mr. Ewing

I was in attendance for today's morning Roll Call however, I had to temporarily leave the Capitol. I had asked a fellow Senator to excuse me before we began the Calendar, but there seems to be a question of whether I was actually excused before we began voting on the Calendar.

I am requesting that it be noted in the record that my request to be excused was done so after the Pastor of the Day and before the call to begin the Calendar. I hope that my voting record also reflects the same.

Thank you in advance for your consideration.

/s/ Horacena Tate

Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, March 1, 2006.

The motion prevailed, and the President announced the Senate adjourned at 12:40 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, March 1, 2006
Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 343.

By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th:
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 other state symbols, so as to designate the Valdosta State Universitys Peach State Summer Theatre as Georgias Official Musical Theatre; to repeal conflicting laws; and for other purposes.

HB 513.

By Representatives Scott of the 153rd and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1126. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1217. By Representatives Murphy of the 23rd, Rice of the 51st, Talton of the 145th, Maxwell of the 17th and Dollar of the 45th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for parking permits for disabled persons; to provide for specifications for such parking permits; to require that the person with the disability be the operator of or a passenger in the vehicle when such permit is being used; to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to designate certain Code sections as reserved; to update cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1219. By Representatives Smith of the 70th, Freeman of the 140th, Maddox of the 172nd, Morris of the 155th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide for an exemption from state sales and use tax only with respect to certain sales of certain energy efficient products for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1272. By Representatives Graves of the 12th, Brown of the 69th, Ralston of the 7th, Channell of the 116th, Burmeister of the 119th 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 sales and use tax, so as to provide for an exemption regarding sales to nonprofit volunteer

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health clinics; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1304. By Representatives Knox of the 24th, Brown of the 69th and Meadows of the 5th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has adopted by the requisite constitutional majority the following Resolution of the House:
HR 1395. By Representatives Loudermilk of the 14th, Richardson of the 19th, Keen of the 179th, Porter of the 143rd, Hugley of the 133rd and others:
A RESOLUTION honoring the memory of Wiley T. Nixon and naming the Wiley T. Nixon Capitol Post Office in his honor; and for other purposes.
The House has passed by the requisite constitutional majority the following Bills of the Senate:
SB 496. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Camden County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 497.

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By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 138.

By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Wiles of the 37th:
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 963. By Senators Bulloch of the 11th and Tolleson of the 20th:
A RESOLUTION commending the Georgia peanut industry and recognizing March 8, 2006, as Peanut Butter and Jelly Day at the Capitol; and for other purposes.
The following communication was received by the Secretary:

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Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

MEMORANDUM

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Science and Technology Committee

The Committee on Assignments has appointed the following ex-officio member to the Senate Science and Technology Committee to serve March 1st, 2006. The Senator appointed to serve as ex-officio member is:

Don Thomas of the 54th

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

/s/ Eric Johnson

The following Senate legislation was introduced, read the first time and referred to committee:

SB 608. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Social Circle in the County of Walton, approved May 5, 2005 (Ga. L. 2005, p. 3627); to provide for corrections; to provide for an oath, rules, and

WEDNESDAY, MARCH 1, 2006

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procedures; to provide for rules and regulations; to provide for taxation, licenses, and fees; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 609. By Senator Douglas of the 17th:
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Hampton in Henry 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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 610. By Senators Moody of the 56th, Balfour of the 9th, Starr of the 44th, Thomas of the 54th and Chance of the 16th:
A BILL to be entitled an Act to amend Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools, requirements for operating charter schools, and the control and management of charter schools, so as to provide that nothing shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; to provide for related matters; to repeal conflicting laws; and for other purposes
Referred to the Education and Youth Committee.

SB 611. By Senators Goggans of the 7th, Williams of the 19th, Schaefer of the 50th and Smith of the 52nd:
A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; to provide for related

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matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 612. By Senators Bulloch of the 11th, Goggans of the 7th, Williams of the 19th and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to change certain provisions relating to distributing or hunting in the vicinity of feeds; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 613. By Senators Bulloch of the 11th, Kemp of the 46th, Hudgens of the 47th, Tarver of the 22nd and Henson of the 41st:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmers markets; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

SB 614. By Senators Bulloch of the 11th, Balfour of the 9th, Hill of the 4th, Hooks of the 14th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to require notice, a hearing, and an opportunity to cure a violation by a vendor participating in the Women, Infants, and Children program; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

WEDNESDAY, MARCH 1, 2006

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SB 615. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Atkinson, Berrien, Clinch, Cook, and Lanier counties in the Alapaha Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 616. By Senators Wiles of the 37th, Hill of the 32nd, Stoner of the 6th, Thompson of the 33rd and Rogers of the 21st:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to repeal conflicting laws; to provide an effective date; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 617. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Part 11 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to complaints policy for teachers and other school personnel, so as to provide that local units of administration adopt a grievance policy; to revise certain definitions; to revise certain provisions relating to matters not subject to complaint; to revise certain provisions relating to establishment and contents of complaint policies; to revise certain provisions relating to supplemental rules and policies authorized; to revise certain provisions relating to appeals to the State Board of Education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 618. By Senator Moody of the 56th:
A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the

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Department of Juvenile Justice or the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SR 1040. By Senators Pearson of the 51st, Schaefer of the 50th, Balfour of the 9th, Williams of the 19th and Johnson of the 1st:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional methods for the payment of just and adequate compensation with respect to the taking of private property which results from unreasonably burdensome governmental actions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Judiciary Committee.

SR 1048. By Senators Hamrick of the 30th and Smith of the 52nd:
A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standards for Determining Indigence," hereinafter referred to as the "Indigence Standard"; to provide for an effective date; and for other purposes.
Referred to the Judiciary Committee.
The following House legislation was read the first time and referred to committee:

HB 343. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th:
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 other state symbols, so as to designate the Valdosta State Universitys Peach State Summer Theatre as Georgias Official Musical Theatre; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.

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HB 513. By Representatives Scott of the 153rd and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

HB 1126. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 1217. By Representatives Murphy of the 23rd, Rice of the 51st, Talton of the 145th, Maxwell of the 17th and Dollar of the 45th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for parking permits for disabled persons; to provide for specifications for such parking permits; to require that the person with the disability be the operator of or a passenger in the vehicle when such permit is being used; to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to designate certain Code sections as reserved; to update cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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HB 1219. By Representatives Smith of the 70th, Freeman of the 140th, Maddox of the 172nd, Morris of the 155th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide for an exemption from state sales and use tax only with respect to certain sales of certain energy efficient products for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 1272. By Representatives Graves of the 12th, Brown of the 69th, Ralston of the 7th, Channell of the 116th, Burmeister of the 119th 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 sales and use tax, so as to provide for an exemption regarding sales to nonprofit volunteer health clinics; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1304. By Representatives Knox of the 24th, Brown of the 69th and Meadows of the 5th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

WEDNESDAY, MARCH 1, 2006

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HR 1395. By Representatives Loudermilk of the 14th, Richardson of the 19th, Keen of the 179th, Porter of the 143rd, Hugley of the 133rd and others:

A RESOLUTION honoring the memory of Wiley T. Nixon and naming the Wiley T. Nixon Capitol Post Office in his honor; and for other purposes.

Referred to the State Institutions and Property Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Banking and Financial Institutions Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 505 Do Pass by substitute

Respectfully submitted, Senator Hamrick of the 30th District, Chairman

Mr. President:

The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 984 Do Pass by substitute

Respectfully submitted, Senator Moody of the 56th District, Chairman

Mr. President:

The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 560 Do Pass HB 1157 Do Pass

HB 1182 Do Pass SB 562 Do Pass

Respectfully submitted, Senator Cagle of the 49th District, Chairman

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Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 211 SB 349 SB 422

Do Not Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Thomas of the 54th District, Chairman

Mr. President:

The Interstate Cooperation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1067 Do Pass

Mr. President:

Respectfully submitted, Senator Harbison of the 15th District, Chairman

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 529 SB 581 SR 1025

Do Pass by substitute Do Pass Do Pass

Respectfully submitted, Senator Kemp of the 46th District, Chairman

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Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1124 Do Pass HB 1334 Do Pass SB 524 Do Pass by substitute

SB 563 Do Pass SB 589 Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

Mr. President:

The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 294 HB 954 HB 1106 HB 1190

Do Pass by substitute Do Pass Do Pass Do Pass by substitute

SR 433 SR 434 SR 848 SR 849

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Stephens of the 27th District, Chairman

The following legislation was read the second time:

HB 660 HB 809 HR 1425

SB 510 SB 523 SB 531

SB 533 SB 534 SB 538

SB 539 SB 542 SB 556

SB 566 SB 567 SB 568

SB 569 SR 865

Senator Carter of the 13th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.
Senator Tolleson of the 20th 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 Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

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Senator Tolleson of the 20th asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

Senator Carter of the 13th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused.

Senator Miles of the 43rd asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.

Senator Harp of the 29th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.

The roll was called and the following Senators answered to their names:

Adelman Brown Butler Cagle Carter Chance Chapman Douglas Goggans Golden Hamrick Harbison Harp Heath Henson Hudgens

Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay Smith

Starr Staton Stoner Tarver Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Balfour Grant (Excused) Hooks (Excused) Tate (Excused)

Bulloch (Excused) Hill, Jack (Excused) Shafer, D (Excused)

Fort Hill, Judson (Excused) Stephens (Excused)

Senator Wiles of the 37th led a Boy Scouts of America color guard and the members pledged allegiance to the flag.

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Senator Kemp of the 46th introduced the chaplain of the day, Pastor Jon Appleton of Athens, Georgia, who offered scripture reading and prayer.
The following resolution was read and adopted:
SR 1051. By Senators Wiles of the 37th, Johnson of the 1st, Balfour of the 9th, Williams of the 19th, Mullis of the 53rd and others:
A RESOLUTION recognizing March 1, 2006, as "Boy Scouts Day in Georgia"; and for other purposes.
Senator Wiles of the 37th recognized representatives of the Boy Scouts of America, commended by SR 1051.
Senator Wiles of the 37th introduced the doctor of the day, Dr. Elizabeth Street.

Senator Reed of the 35th asked unanimous consent that the following resolution be withdrawn from the Senate Finance Committee and committed to the Senate State and Local Governmental Operations Committee:

SR 871. By Senator Reed of the 35th:
A RESOLUTION to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes
The consent was granted, and SR 871 was committed to the Senate State and Local Governmental Operations Committee.
The following resolutions on today's Consent Calendar for Privileged Resolutions were read and adopted:
SR 1037. By Senators Douglas of the 17th, Jones of the 10th and Starr of the 44th:
A RESOLUTION congratulating the Henry County High School varsity baseball team on winning the 2005 AAAA state championship; and for other purposes.

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SR 1038. By Senators Douglas of the 17th, Jones of the 10th and Starr of the 44th:
A RESOLUTION commending the 8U McDonough Dawgs baseball team; and for other purposes.
SR 1039. By Senators Hill of the 32nd, Seay of the 34th, Moody of the 56th, Pearson of the 51st, Reed of the 35th and others:
A RESOLUTION commending Piedmont Healthcare and congratulating it on its 100th anniversary; and for other purposes.
SR 1041. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION commending Mr. Ed Hoard on being inducted into the PGA Golf Professional Hall of Fame; and for other purposes.
SR 1042. By Senators Kemp of the 46th, Hudgens of the 47th, Whitehead, Sr. of the 24th, Williams of the 19th and Johnson of the 1st:
A RESOLUTION commending the University of Georgia Gymnastics Team on winning the 2005 NCAA National Championship; and for other purposes.
SR 1043. By Senators Kemp of the 46th, Hudgens of the 47th, Whitehead, Sr. of the 24th, Williams of the 19th and Johnson of the 1st:
A RESOLUTION commending the University of Georgia Women's Swimming Team on winning the 2005 NCAA National Championship; and for other purposes.
SR 1044. By Senators Kemp of the 46th, Hudgens of the 47th, Whitehead, Sr. of the 24th, Williams of the 19th and Johnson of the 1st:
A RESOLUTION commending the University of Georgia Football Team on winning the 2005 Southeastern Conference Championship; and for other purposes.

SR 1045. By Senators Thomas of the 54th, Goggans of the 7th, Smith of the 52nd, Unterman of the 45th, Moody of the 56th and others:
A RESOLUTION recognizing March to be Kidney Cancer Awareness Month; and for other purposes.

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SR 1046. By Senator Carter of the 13th:
A RESOLUTION commending Clayton Andrew Cumbee on becoming an Eagle Scout; and for other purposes.
SR 1047. By Senator Rogers of the 21st:
A RESOLUTION commending Brandon Duggar Griffeth on attaining the rank of Eagle Scout; and for other purposes.
SR 1049. By Senators Jones of the 10th, Butler of the 55th, Miles of the 43rd, Thompson of the 5th, Adelman of the 42nd and others:
A RESOLUTION congratulating the DeKalb County School System for a record signing day for senior football players; and for other purposes.
SR 1050. By Senators Jones of the 10th, Butler of the 55th, Miles of the 43rd, Thompson of the 5th, Adelman of the 42nd and others:
A RESOLUTION commending Southwest DeKalb High School's Advanced Placement United States History students; and for other purposes.
SR 1052. By Senators Stephens of the 27th and Pearson of the 51st:
A RESOLUTION commending Mrs. Lucille Craig; and for other purposes.
SR 1053. By Senator Hill of the 32nd:
A RESOLUTION remembering and honoring the life of Mr. Barry W. Banister; and for other purposes.

SR 1054. By Senators Hamrick of the 30th and Seabaugh of the 28th:
A RESOLUTION expressing sorrow at the passing of Lance Corporal Samuel W. Large, Jr.; and for other purposes.

SR 1055. By Senators Hamrick of the 30th and Seabaugh of the 28th:
A RESOLUTION remembering and honoring the life of Colonel John Chapple Chandler, Jr.; and for other purposes.

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SR 1056. By Senators Hamrick of the 30th and Reed of the 35th: A RESOLUTION commending Ms. Pam Walker; and for other purposes.

SR 1057. By Senators Hamrick of the 30th and Reed of the 35th:
A RESOLUTION commending Matthew Goggans on becoming an Eagle Scout; and for other purposes.

SR 1058. By Senator Williams of the 19th:
A RESOLUTION commending Mr. Claude E. Bird, Jr., for his service to the Boy Scouts of America; and for other purposes.

SR 1059. By Senator Williams of the 19th:
A RESOLUTION congratulating Mr. and Mrs. Henry Gardner on the occasion of their 60th wedding anniversary; and for other purposes.

SR 1060. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION recognizing Ms. Alexa Turpin as the newly crowned Miss Georgia Teen America 2006; and for other purposes.

Senator Whitehead of the 24th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, March 1, 2006 Twenty-fifth Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

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SB 589

Staton of the 18th Grant of the 25th JONES COUNTY

A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to provide for the election of members of the Board of Education of Jones County in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1334

Kemp of the 46th ATHENS/CLARKE COUNTY

A BILL to be entitled an Act to authorize Athens-Clarke 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.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

HB 1124

Hudgens of the 47th BARROW COUNTY

A BILL to be entitled an Act to provide an additional homestead exemption from Barrow County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead after a four-year phase-in period for residents of that school district who are 62 years of age or over and whose federal total income does not exceed certain federally specified poverty guidelines; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas
Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks
Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver E Tate
Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 44, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SENATE RULES CALENDAR WEDNESDAY, MARCH 1, 2006 TWENTY-FIFTH LEGISLATIVE DAY

HB 1107 Income tax credit; imposition, rate, and computation; real property; amend (FIN-49th) Roberts-154th

SB 484 Colquitt, City of; declare as Georgia's First Mural City (RULES-11th)

SB 504

State Properties Commission; certain state entities shall sell/make longterm leases of property (Substitute)(SI&P-9th)

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SB 535

Pawnbrokers; define terms; require registration with Governor's Office of Consumer Affairs; motor vehicle title pawn tickets (Substitute)(B&FI-30th)

SB 423

Ray Biddie/Gene Mullis Act; regulate patient care dialysis technicians; provide licensing requirements; renewal/reinstatement of licenses (Substitute)(H&HS-45th)

SB 370

License Plate, Special; promote agriculture in Georgia; provide for issuance, renewals, fees, donation of revenue (PF) (PS&HS-7th)

SB 515

Quality Basic Education Act; expand grades of eligibility for remedial education program (Substitute)(ED&Y-56th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

The following legislation was read the third time and put upon its passage:

HB 1107. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Smith of the 70th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified donations of real property for conservation purposes; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner and the Department of Natural Resources with respect to the foregoing; 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 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 Hill,Jack Y Hill,Judson E Hooks Y Hudgens

Y Smith Starr
Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1107, having received the requisite constitutional majority, was passed.

Senator Miles of the 43rd introduced Dr. Yvonne S. Butler, commended by SR 834, adopted previously.

The Calendar was resumed.

SB 484. By Senator Bulloch of the 11th:

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 other state symbols, so as to declare the City of Colquitt as Georgias First Mural City; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle

Y Hill,Jack Hill,Judson
E Hooks Y Hudgens
Johnson Y Jones

Y Smith Y Starr Y Staton
Stephens Stoner Y Tarver

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N Carter Y Chance
Chapman Y Douglas
Fort N Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp
Heath Y Henson

Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 40, nays 3.

SB 484, having received the requisite constitutional majority, was passed.

The President introduced Lee Haney. Mr. Haney addressed the Senate briefly.

Senator Golden of the 8th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Thomas of the 2nd asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

The Calendar was resumed.

SB 504. By Senator Balfour of the 9th:

A BILL to be entitled an Act to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of state property through the State Properties Commission, so as to provide that certain state entities shall sell and make long-term leases of property through the State Properties Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate State Institutions and Property Committee offered the following substitute to SB 504:

A BILL TO BE ENTITLED AN ACT

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To amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of state property through the State Properties Commission, so as to provide that state entities shall sell and make leases for ten or more years of property through the State Properties Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of state property through the State Properties Commission, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
(a) Except for all acquisitions, sales, and leases of real property by the Department of Transportation and the Board of Regents of the University System of Georgia, and except for the Department of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to be used for the construction and operation thereon of boat-launching ramps, and except for acquisitions of real property by the Department of Technical and Adult Education in connection with student live work projects funded through moneys generated as a result of the sale of such projects, donations, or student supply fees, and except for acquisitions of real property by the commission resulting from transfers of custody and control of real property to the commission by executive order of the Governor or by Act or resolution of the General Assembly, and except as otherwise provided by law, and except as otherwise required by the nature of the transaction easements and licenses conveying real property to the state or any entity thereof:
(1) All state entities shall acquire real property through the commission; and (2) All sales and leases for ten or more years as lessor by state entities shall be carried out by the commission; and (3) The title to all real property acquired shall be in the name of the state, except for state authorities which shall hold title in their own name. The conveyance shall have written or printed in the upper right-hand corner of the initial page thereof the name of the state entity for which acquired who is the custodian thereof.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle
Carter Y Chance E Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E 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 Y Stephens E Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 504, having received the requisite constitutional majority, was passed by substitute.

Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
Senator Henson of the 41st asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused.

SB 535. By Senators Hamrick of the 30th, Miles of the 43rd, Hudgens of the 47th, Bulloch of the 11th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to define terms; to require registration with the Governors Office of Consumer Affairs; to provide for notification of repossession of a motor vehicle; to provide for redemption of the motor vehicle; to provide for a commercially reasonable sale; to provide for a return of surplus from the sale to the pledgor; to require a mandatory principal payment in certain situations; to provide for additional disclosures on motor vehicle title pawn tickets; to

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provide procedures for military members and their spouses; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate Banking and Financial Institutions Committee offered the following substitute to SB 535:
A BILL TO BE ENTITLED AN ACT
To amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to define terms; to require registration with the Governors Office of Consumer Affairs; to provide for notification of repossession of a motor vehicle; to provide for redemption of the motor vehicle; to provide for a commercially reasonable sale; to provide for a return of surplus from the sale to the pledgor; to require a mandatory principal payment in certain situations; to provide for additional disclosures on motor vehicle title pawn tickets; to provide procedures for military members and their spouses; to provide for related matters; to provide for severability; 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. Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by inserting new paragraphs (1.1) and (1.2) in Code Section 44-12-130, relating to definitions relevant to pawnbrokers, to read as follows:
(1.1) 'Motor vehicle title pawn' or 'title pawn' means a pawn transaction wherein the pawnbroker maintains possession of a motor vehicle certificate of title, and not the actual motor vehicle, pursuant to paragraph (5) of this Code section. (1.2) 'Motor vehicle title pawn agreement' means a written agreement evidencing a motor vehicle title pawn.
SECTION 2. Said part is amended by inserting a new Code Section 44-12-130.1 immediately following Code Section 44-12-130, relating to definitions relevant to pawnbrokers, to read as follows:
44-12-130.1. Any business that offers or makes motor vehicle title pawns shall be required to register with the Governors Office of Consumer Affairs. Such registration shall disclose the name of the business, the name of the person or entity owning the business, the number of repossessions of motor vehicles the business initiated in the previous year, and the address of all locations operating within the State of Georgia. A reasonable fee for

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registration shall be established by the Governors Office of Consumer Affairs. The registration shall be renewed every two years.
SECTION 3. Said part is further amended by striking Code Section 44-12-131, relating to pawn transactions, in its entirety and inserting in its place the following:
44-12-131. (a)(1) All pawn transactions shall be for 30 day periods but may be extended or continued for additional 30 day periods. (2) A pawnbroker shall not lease back to the seller or pledgor any motor vehicle during a pawn transaction or during any extension or continuation of the pawn transaction.
(3)(A) Unless otherwise agreed, a A pawnbroker has upon default the right to take possession of the motor vehicle that is the subject of a motor vehicle title pawn agreement. At least ten days prior to repossession, the pawnbroker shall send written notice to the pledgor by certified mail or statutory overnight delivery, return receipt requested, indicating that repossession may occur. The notice shall be sent to the address provided to the pawnbroker by the pledgor at the time the motor vehicle title pawn agreement was executed or the last address thereafter provided to the pawnbroker by the pledgor in writing. The pledgor shall be advised to remove all of his or her personal property from the vehicle before the repossession occurs. The pawnbroker need only send one such notice during the life of the title pawn transaction and any extensions thereof notwithstanding subsequent defaults. In taking possession, the pawnbroker or his the pawnbrokers agent may proceed without judicial process if this can be done without breach of the peace or may proceed by action. (B) Notwithstanding any other law to the contrary, including but not limited to Code Section 44-14-403, if a pawnbroker obtains possession of a motor vehicle as permitted in subparagraph (A) of this paragraph, the pawnbroker shall send a notice to the pledgor by certified mail or statutory overnight delivery, return receipt requested, informing the pledgor that the pledgor has 20 days from the date of such notice to redeem the motor vehicle by paying to the pawnbroker all amounts owed. The amounts owed shall be disclosed to the pledgor and shall be calculated pursuant to the provisions of this subsection. During this 20 day period, the pledgor shall have the right to redeem the motor vehicle and certificate of title by paying to the pawnbroker the unpaid principal amount of the pawn, the unpaid interest, and pawnshop charges calculated at the rates charged by the pawnbroker in accordance with subparagraphs (A) and (B) of paragraph (4) of this subsection for each 30 day period from the date of the title pawn agreement through the date of repossession, plus the repossession and storage expenses permitted pursuant to subparagraph (C) of paragraph (4) of this subsection. (C) In the event the pledgor does not redeem the motor vehicle within the 20 day redemption period required by subparagraph (B) of this paragraph, the pawnbroker

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shall sell the motor vehicle. The pawnbroker must sell the motor vehicle in a commercially reasonable manner within 60 days of the expiration of the 20 day redemption period. Any amount received from such sale in excess of the unpaid principal amount of the pawn, the unpaid interest and pawnshop charges calculated pursuant to subparagraph (B) of this paragraph, plus the repossession and storage expenses actually and reasonable incurred by the pawnbroker, shall be returned to the pledgor within 15 days. For the purposes of this subsection, a sale is made in a commercially reasonable manner if the sale is made at any generally known motor vehicle auction or otherwise in conformity with reasonable commercial practices among dealers in used motor vehicles. (4)(A) During the first 90 days of any pawn transaction or extension or continuation of the pawn transaction, a pawnbroker may charge for each 30 day period interest and pawnshop charges which together equal no more than 25 percent of the principal amount advanced, with a minimum charge of up to $10.00 per 30 day period. (B) On any pawn transaction which is continued or extended beyond 90 days, a pawnbroker may charge for each 30 day period interest and pawnshop charges which together equal no more than 12.5 percent of the principal amount advanced, with a minimum charge of up to $5.00 per 30 day period. (C) Notwithstanding any provision of this part to the contrary, prior to the commencement of the fourth extension or continuation of a motor vehicle title pawn agreement and prior to the commencement of each successive extension or continuation thereafter, the pledgor shall be required to make a payment of at least 5 percent of the original principal amount of the title pawn transaction in addition to the earned interest and pawnshop charges authorized by this part. Interest and pawnshop charges authorized by this part at each successive extension or continuation shall be calculated on the outstanding principal balance. If at the commencement of any extension or continuation requiring a principal reduction the pledgor has not made previous principal reductions adequate to satisfy the current required principal reduction, and the pledgor does not repay at least 5 percent of the original principal balance as well as any outstanding interest and pawnshop charges, the pawnbroker may either, at its option, decline to further extend or continue the pawn transaction and declare that the current maturity date is the final maturity date or defer any required principal payment until a future payment date. No further interest or pawnshop charges may accrue on any such principal amount so deferred. (C)(D) In addition to the charges provided for in subparagraphs (A) and (B) of this paragraph, in a pawn transaction or in any extension or continuation of a pawn transaction involving a motor vehicle or a motor vehicle certificate of title, a pawnbroker may charge the following:
(i) A fee equal to no more than any fee imposed by the appropriate state to register a lien upon a motor vehicle title, but only if the pawnbroker actually registers such a lien; (ii) No more than $5.00 per day in storage fees, but only if an actual repossession

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pursuant to a default takes place on a vehicle which was not already in the pawnbrokers possession and only for each day the pawnbroker must actually retain possession of the motor vehicle; and (iii) A repossession fee of $50.00 within 50 miles of the office where the pawn originated, $100.00 within 51 to 100 miles, $150.00 within 101 to 300 miles and a fee of $250.00 beyond 300 miles, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbrokers possession. (D)(E) If a pledgor or seller requests that the pawnbroker mail or ship the pledged item to the pledgor or seller, a pawnbroker may charge a fee for the actual shipping and mailing costs, plus a handling fee equal to not more than 50 percent of the actual shipping and mailing costs. (E)(F) In the event the pledgor or seller has lost or destroyed the original pawn ticket, a pawnbroker may, at the time of redemption, charge a fee equal to not more than $2.00. (5) No other charge or fee of any kind by whatever name denominated, including but not limited to any other storage fee for a motor vehicle, or any prepayment penalty, shall be made by a pawnbroker except as set out in paragraph (4) of this subsection. (6) No fee or charge provided for in this Code section may be imposed unless a disclosure regarding that fee or charge has been properly made as provided for in Code Section 44-12-138. (7)(A) Any interest, fees, or charges collected which are undisclosed, improperly disclosed, or in excess of that allowed by this subsection may be recovered by the pledgor or seller in an action at law in any superior court of appropriate jurisdiction. (B) In any such action in which the pledgor or seller prevails, the court shall also award reasonable attorneys fees, court costs, and any expenses of litigation to the pledgor or seller. (C) Before filing an action under this Code section, the pledgor or seller shall provide the pawnbroker with a written notice by certified mail or statutory overnight delivery, return receipt requested, that such an action is contemplated, identifying any fees or charges which the pledgor or seller contends are undisclosed, improperly disclosed, or in excess of the fees and charges allowed by this Code section. If the court finds that during the 30 days following receipt of this notice the pawnbroker made a good faith offer to return any excess, undisclosed, or improperly disclosed charges, the court shall award reasonable attorneys fees, court costs, and expenses of litigation to the pawnbroker. (D) No action shall be brought under this Code section more than two years after the pledgor or seller knew or should have known of the excess, undisclosed, or improperly disclosed charges. (b) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amounts permitted under subsection (a) of this Code section shall be uncollectable and the pawn transaction shall be void. All interest and the pawnshop charge allowed under subsection (a) of this Code section shall be deemed earned, due,

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and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. (c) A pledgor has the right to cancel the pledgors obligation to make payments under a motor vehicle title pawn agreement until the close of the next business day immediately following the day the pledgor signs a motor vehicle title pawn agreement if the pledgor returns the original check or cash to the location where the pawn was originated. For the purpose of this subsection, the term 'business day' means any day that the title pawn office is open for business.
SECTION 4. Said part is further amended by striking Code Section 44-12-133, relating to manner of keeping and inspection of permanent records of pawnbrokers, in its entirety and inserting in its place the following:
44-12-133. Entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be open to the inspection of any duly authorized law enforcement officer, including a representative from the Governors Office of Consumer Affairs, during the ordinary hours of business or at any reasonable time.
SECTION 5. Said part is further amended in Code Section 44-12-138, relating to restrictions on advertising and required disclosures on pawn tickets, by substituting "(d)" for "(c)" in the introductory language of subsection (b); by redesignating existing subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and by adding a new subsection (c) to read as follows:
(c) In addition to the information required by subsection (b) of this Code section, a pawnbroker shall include the following additional disclosures on any motor vehicle title pawn agreement:
(1) A statement that this pawn transaction is not intended to meet long-term financial needs; (2) A statement that this pawn transaction should only be used to meet short-term cash needs; (3) A statement that the borrower will be required to pay additional interest and fees if he or she renews this pawn transaction rather than pay the pawn in full when due; (4) A statement that the borrower is placing at great risk his or her continued ownership of the personal property that he or she is pledging for this pawn transaction, including his or her motor vehicle if that is the property being pledged; (5) A statement that this is a higher interest transaction and that the pledgor should consider what other lower cost options he or she may have; (6) A statement that if the pledgor fails to repay the full amount of the pawn

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transaction on or before the end of the maturity date or renewal of the pawn transaction the pawnbroker may take possession of the property pledged and sell the property in the manner provided by law; (7) A statement that a pledgor has a right of rescission. Rescission means that a pledgor may cancel his or her contract at no cost by returning the borrowed money by the end of the business day immediately following the date of the pawn transaction. For the purposes of this paragraph, the term 'business day' means any day the pawnbroker is open for business; (8) A statement that if the pledgor loses his or her copy of the title pawn agreement, he or she should immediately advise the pawnbroker in writing; and (9) A statement that complaints about the pawnbrokers actions can be made to the Governors Office of Consumer Affairs.
SECTION 6. Said part is further amended by adding a new Code Section 44-12-139 immediately following Code Section 44-12-138, relating to restrictions on advertising and required disclosures on pawn tickets, to read as follows:
44-12-139. In a motor vehicle title pawn transaction under this part involving a member of the United States military or his or her spouse, the pawnbroker:
(1) Shall not contact the commanding officer of the military member or anyone in the military members chain of command in an effort to collect on a title pawn made by the military member or his or her spouse; (2) Shall be bound by the terms of any repayment agreement that the pawnbroker negotiates through military or third-party counselors; and (3) Shall cease the accrual of interest and pawnshop charges on the pledgors pawn transaction when the member of the military has been deployed to a combat or a combat support post, or when a member of the reserves component of the armed forces or National Guard has been called to active duty, provided such pledgor provides the pawnbroker with proper documentary evidence of such deployment or status. The cessation of interest and pawnshop charges shall continue for the duration of the deployment or active duty status. During such period, the pawnbroker may not withhold additional extension periods to the military pledgor and may not seek possession of the pledgors motor vehicle provided the military pledgor makes equal monthly payments sufficient to repay the remaining principal within four months. The benefit provided by this paragraph shall not apply if the member of the military had received orders regarding his or her combat deployment or active duty status prior to taking out the motor vehicle title pawn.
SECTION 7. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which

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shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 8. This Act shall become effective on July 1, 2006.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Jones of the 10th offered the following amendment #1:

Amend the Committee substitute to SB 535 by striking line 23 of page 3 and inserting in lieu thereof the following:

"together equal no more than 5 percent of the principal amount advanced, with a"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch
Butler N Cagle N Carter N Chance N Chapman N Douglas E Fort N Goggans Y Golden N Grant N Hamrick N Harbison N Harp N Heath N Henson

N Hill,Jack N Hill,Judson E Hooks N Hudgens N Johnson Y Jones N Kemp N Me V Bremen N Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer Y Seabaugh
Seay N Shafer,D

Y Smith Y Starr N Staton Y Stephens Y Stoner N Tarver N Tate N Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson N Unterman E Weber N Whitehead N Wiles N Williams Y Zamarripa

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On the adoption of the amendment, the yeas were 14, nays 37, and the Jones amendment #1 was lost.

Senators Thompson of the 33rd and Hamrick of the 30th offered the following amendment #2:

Amend the Senate Banking and Financial Institutions Committee substitute to SB 535 by adding "(a)" at the beginning of line 24 on page 1.

By striking all the matter on line 5 of page 2 and inserting in place thereof the following: be renewed every year. (b) In addition to the information already required by subsection (a) of this Code section, the following information for the preceding calendar year shall also be contained in the annual registration: (1) The total number of motor vehicle title pawns that were made by the business; and (2) The average length in months of all motor vehicle title pawns by the business. (c) The Governors Office of Consumer Affairs shall produce an annual report based on aggregate information provided by registrations for businesses that offer and make motor vehicle title pawns from the previous year. The report shall be submitted to the Governor, Lieutenant Governor, Speaker of the House, each member of the House Committee on Banks and Banking, and each member of the Senate Banking and Financial Institutions Committee. The report shall also be made available to the public. The report shall include but not be limited to the following information from the previous calendar year: (1) The total number of businesses that offer and make motor vehicle title pawns in Georgia; (2) The total number of motor vehicle title pawns made in Georgia; (3) The average length in months of all motor vehicle title pawns in Georgia; and (4) The total number of repossessions for motor vehicle title pawns that reached default.

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
Butler Y Cagle Y Carter Y Chance

N Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D

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Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed N Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 50, nays 2, and the Thompson of the 33rd, Hamrick amendment #2 was adopted.

On the adoption of the substitute, the yeas were 49, 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
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 Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell N Reed N Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams N Zamarripa

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On the passage of the bill, the yeas were 48, nays 4. SB 535, having received the requisite constitutional majority, was passed by substitute.

The following resolution was read and adopted: SR 1061. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th:

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2006 regular session of the General Assembly for the period of March 1, 2006, through March 6, 2006, shall be as follows:
Wednesday, March 1......................................in session for legislative day 25 Thursday, March 2 .........................................in session for legislative day 26 Friday, March 3..............................................in adjournment Saturday, March 4 ..........................................in adjournment Sunday, March 5 ............................................in adjournment Monday, March 6...........................................in session for legislative day 27
BE IT FURTHER RESOLVED that on and after March 6, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.
Senator 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 following bill was taken up to consider House action thereto:

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SB 138. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Wiles of the 37th:
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT

To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), is amended by striking subsections (b), (c), and (d) of Section 2 thereof and inserting in their respective places the following:
(b) The authority shall consist of seven members who shall be determined and selected as follows:
(1) One member shall be the chairperson of the Board of Commissioners of Cobb County, Georgia; (2) One member shall be selected by the governing authority of the City of Marietta, Georgia; (3) One member shall be selected by the governing authority of the City of Smyrna; (4) One member shall be the chairperson of the Board of Commissioners of Paulding County; (5) Three members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The

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three members so selected by the caucus shall include one member from Cobb Commission District 1 or 4, excluding residents of Marietta and Smyrna; one member from Cobb Commission District 2 or 3, excluding residents of Marietta and Smyrna; and one member from unincorporated Cobb County. (c) The term of office of the chairperson of the Board of Commissioners of Cobb County as a member of the authority and the term of office of the chairperson of the Board of Commissioners of Paulding County as a member of the authority shall be concurrent with their terms of office as chairpersons except that the term of office of the chairperson of the Board of Commissioners of Paulding County shall begin on August 15, 2006. The member of the authority appointed by the governing authority of Marietta serving on the effective date of this subsection shall serve until August 14, 2008, and until his or her successor is appointed and qualified. The member of the authority appointed by the governing authority of Smyrna shall begin serving on August 15, 2006, and shall serve until August 14, 2008, or until his or her successor is appointed and qualified. Thereafter, both the member of the authority appointed by Marietta and the member of the authority appointed by Smyrna shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members terms. The four members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of this subsection shall serve until August 14, 2006, and until their successors are appointed and qualified. Thereafter, the members of the authority appointed by the members of the General Assembly from Cobb County shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members terms. The member of the authority appointed by the City of Acworth, Georgia, serving on the effective date of this subsection shall serve until August 14, 2006, and until the member of the authority appointed by the governing authority of Smyrna is appointed and qualified. (d) The authority shall elect one of its members as chairperson and another as vice chairperson. The authority may also select a secretary and treasurer who need not necessarily be members of the authority. Except as otherwise provided in subsection (c) of this section, five members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority.
SECTION 2. Said Act is further amended by striking subsection (a) of Section 2A thereof and inserting in its place the following:
(a) In the event of a vacancy in the membership of the authority by reason of death, resignation, or disability, said vacancy shall be filled by the governing authority, chairperson of the governing authority or the chairpersons designee, or caucus which originally selected the vacating member in question.

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SECTION 3. This Act shall become effective on July 1, 2006.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Stoner of the 6th moved that the Senate agree to the House substitute to SB 138.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 138.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator 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 Carter of the 13th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

The Calendar was resumed.

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SB 423. By Senators Unterman of the 45th, Mullis of the 53rd and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide a short title; to revise a definition for purposes of conformity; to revise certain provisions relating to the adoption of rules relative to end stage renal disease facilities and personnel thereof; to revise certain provisions relating to minimum standards for curricula, instructors, and training dialysis and reuse technicians; to amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a new Chapter 30A regulating patient care dialysis technicians; to provide for definitions; to provide for licensing requirements for patient care dialysis technicians; to provide for the renewal and reinstatement of licenses; to provide for powers of the Georgia Board of Nursing relating to the regulation of patient care dialysis technicians; to provide for authorized activities of patient care dialysis technicians; to provide for delegation of dialysis care by a registered professional nurse to a patient care dialysis technician; to provide for the use of titles and other indications of licensure; to provide for applications under oath; to provide for the creation, composition, and duties of the Patient Care Dialysis Technician Advisory Council; to provide for disciplinary actions; to provide for violations; to provide for actions to enjoin; to provide for administrative procedures; to revise certain provisions relating to the nonapplicability of Code Section 43-34-177 for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 423:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide a short title; to revise a definition for purposes of conformity; to revise certain provisions relating to the adoption of rules relative to end stage renal disease facilities and personnel thereof; to revise certain provisions relating to minimum standards for curricula, instructors, and training dialysis and reuse technicians; to amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a new Chapter 30A regulating dialysis technicians; to provide for definitions; to provide for certification requirements for dialysis technicians; to provide for the renewal and reinstatement of certificates; to provide for powers of the Georgia Board of Nursing relating to the regulation of dialysis technicians; to provide for authorized activities of dialysis technicians; to provide for delegation of dialysis care by a registered professional nurse to a dialysis technician; to provide for the use of titles and other indications of certification; to provide for

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applications under oath; to provide for the creation, composition, and duties of the Dialysis Technician Advisory Council; to provide for disciplinary actions; to provide for violations; to provide for actions to enjoin; to provide for administrative procedures; to revise certain provisions relating to the nonapplicability of Code Section 43-34-177 for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Ray Biddy and Gene Mullis Act."
SECTION 2. Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, is amended in Code Section 31-44-1, relating to definitions, by striking paragraph (2) and inserting in its place the following:
(2) 'Dialysis technician' means an individual certificated as a dialysis technician pursuant to Chapter 30A of Title 43 who is not a registered nurse or physician and who provides dialysis care under the supervision of a registered nurse or physician.
SECTION 3. Such chapter is further amended in Code Section 31-44-3, relating to adoption of rules, council established, and terms of councilmembers, by striking subsection (a) and inserting in its place the following:
(a) The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. The rules adopted by the board pursuant to this Code section shall not conflict with the provisions of Chapter 30A of Title 43 or any federal law or regulation applicable to end stage renal disease facilities or personnel thereof and shall set forth minimum standards for the health, safety, and protection of the patient being served.
SECTION 4. Such chapter is further amended by striking Code Section 31-44-9, relating to minimum standards for curricula, instructors, and training dialysis and reuse technicians, and inserting in its place the following:
31-44-9. The rules adopted by the board under Code Section 31-44-3 shall establish:
(1) Minimum standards for the curricula and instructors used to train individuals to act as dialysis or reuse technicians; (2) Minimum standards for the determination of the competency of individuals who have been trained as dialysis or reuse technicians;

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(3) Minimum requirements for documentation that an individual has been trained and determined to be competent as a dialysis or reuse technician and the acceptance of that documentation by another end stage renal disease facility that may later employ the individual; and (4) The acts and practices that are allowed or prohibited for dialysis or reuse technicians.
SECTION 5. Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, is amended by adding a new Chapter 30A to read as follows:
CHAPTER 30A 43-30A-1. As used in this chapter, the term:
(1) 'Applicant' means any person seeking a certificate under this chapter. (2) 'Approved dialysis technician training curriculum' means a board approved curriculum used to train dialysis technicians including, but not limited to, a board approved dialysis company or facility-sponsored training curriculum or another state approved curriculum. (3) 'Board' means the Georgia Board of Nursing established pursuant to Code Section 43-26-4. (4) 'Certificate' means a valid and current certificate of registration issued by the board pursuant to this chapter permitting a person to provide dialysis care as a dialysis technician. (5) 'Dialysis care' means performing and monitoring dialysis procedures, including initiating and discontinuing dialysis, drawing blood, and administering medications in accordance with this chapter and with board rules. (6) 'Dialysis facility' means an end stage renal disease facility licensed pursuant to Chapter 44 of Title 31. (7) 'Dialysis technician' means a person who provides dialysis care. (8) 'Dialysis technician trainee' means a person enrolled in an approved dialysis technician training curriculum. (9) 'Direct supervision' means initial and ongoing direction, procedural guidance, and observation and evaluation by a registered professional nurse or physician; and when a patient is being dialyzed, the nurse or physician is in the immediate clinical care area. (10) 'National certification' means certification as a dialysis technician issued by a nationally recognized accrediting organization such as, but not limited to:
(A) Certified Clinical Hemodialysis Technician (CCHT) through the Nephrology Nursing Certification Commission (NNCC); (B) Certified Hemodialysis Technician (CHT) through the Board of Nephrology Examiners Nursing and Technology (BONENT); or (C) Certified Clinical Nephrology Technician (CCNT) or Certified Biomedical

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Nephrology Technician (CBNT) through the National Nephrology Certification Organization (NNCO). (11) 'Person' means a natural person only. (12) 'Physician' means an individual who is licensed to practice medicine under Article 2 of Chapter 34 of this title. (13) 'Registered professional nurse' means an individual who is licensed to practice nursing under Article 1 of Chapter 26 of this title.
43-30A-2. (a) On and after January 1, 2007, no person may provide dialysis care as a dialysis technician in this state who is not licensed pursuant to this chapter. All applicants for a certificate to practice as a dialysis technician shall make application to the board in the form and manner established by the board. Such applicants shall submit to the board a designated fee and written evidence demonstrating that the applicant:
(1) Is of good moral character; (2) Has attained a high school diploma or a general educational development (GED) diploma or the equivalent thereof; (3) Has successfully completed an approved dialysis technician training curriculum; (4) Has achieved national certification as a dialysis technician; and (5) Has met such other qualifications as required by the board. (b) An individual who was working on or before July 1, 2006, as a dialysis technician in a dialysis facility and whose administrative registered professional nurse in charge acknowledges that he or she is competent to perform the delegated duties and practices in accordance with the laws regulating the provision of dialysis care, the rules of the board, and any other applicable federal and state laws and regulations shall be considered as having met the requirements of paragraphs (3) and (4) of subsection (a) of this Code section for the purposes of being certified by the board as a dialysis technician. (c) An individual who has successfully completed an approved dialysis technician training curriculum on or before July 1, 2007, who was working on or before July 1, 2006, as a dialysis technician trainee in a dialysis facility and whose administrative registered professional nurse in charge acknowledges that he or she is competent to perform the delegated duties and practices in accordance with the laws regulating the provision of dialysis care, the rules of the board, and any other applicable federal and state laws and regulations shall be considered as having met the requirements of paragraph (4) of subsection (a) of this Code section for the purposes of being certified by the board as a dialysis technician. (d) The board may, upon receipt of a completed application and fee, issue a temporary permit to practice as a dialysis technician to an applicant who has completed an approved dialysis technician training curriculum and who meets the qualifications established by the board. A temporary permit shall not be renewable, and shall be effective 90 days from the date of issuance, unless the board revokes the temporary permit prior to its expiration.

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(e) The board may, upon receipt of a completed application and fee, issue a temporary endorsement to practice as a patient care dialysis technician to an applicant who has been certified as a dialysis technician under the laws of another state, territory, or foreign country and who meets the qualifications established by the board. A temporary endorsement shall not be renewable and shall be effective for 90 days unless the board revokes the temporary endorsement prior to its expiration. (f) Application for a certificate under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for certification agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check. The board may accept the results of criminal background checks conducted by an applicants employer if they were conducted within an acceptable period of time and if they include the minimum required checks.
43-30A-3. (a) Certificates issued under this chapter shall be renewed biennially prior to the expiration of the certificate according to schedules and fees decided by the board. (b) A certificate shall be renewed for any dialysis technician who remits the required fee and complies with the requirements established by the board. The board shall be authorized to require persons seeking renewal of a certificate to complete board approved continuing education. (c) The voluntary surrender of a certificate or the failure to renew a certificate by the end of an established renewal period shall have the same effect as revocation of said certificate, subject to reinstatement at the discretion of the board. The board may restore and reissue a certificate, and, as a condition thereof, may impose any disciplinary sanction provided by Code Section 43-1-19 upon such grounds as specified in such Code section. (d) Any certificate that is not renewed by the end of the renewal period may not thereafter be renewed, and the certificate holder must apply for reinstatement. Applicants for reinstatement who have not been engaged in the active practice of dialysis care as a dialysis technician for a period which exceeds five years shall be required to obtain such additional education and training as provided in the rules and regulations of the board, which may include but not be limited to returning to school for full training and taking the certification examination. Upon completion of the curriculum, an application may be made for certification as a new applicant. (e) Other criteria for reinstatement may be determined by the rules of the board, including but not limited to the following: additional coursework, a refresher course, supervised clinical practice, or examination by the board.
43-30A-4. (a) The board shall have the power to:

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(1) Examine and determine the qualifications and fitness of applicants for certification as dialysis technicians in this state; (2) Establish minimum standards for the determination of the competency of individuals who have been trained as dialysis technicians; (3) Establish standards for approving and withdrawing approval of dialysis technician training curricula; (4) Establish minimum standards for the curricula and instructors used to train individuals to act as dialysis technicians in approved dialysis technician training curricula; (5) Issue, renew, refuse to renew, deny, suspend, reinstate, and revoke certificates of dialysis technicians in this state or otherwise discipline dialysis technicians; (6) Determine the acts and practices that are allowed or prohibited for dialysis technicians, in accordance with the provisions of this chapter; (7) Establish continuing education requirements for dialysis technicians which may include any continuing education requirements for national certification; (8) Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons certificated under this chapter; (9) Hold hearings on all matters pertaining to this chapter properly brought before the board and, in conjunction therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members as its hearing officer; (10) Adopt rules and regulations consistent with this chapter necessary to enable it to carry into effect the provisions of this chapter, including disciplinary rules; (11) Establish fees pertaining to this chapter; and (12) Bring proceedings to the courts for the enforcement of this chapter or any rules and regulations promulgated pursuant to this chapter. (b) In addition to the enumerated powers in subsection (a) of this Code section, the board has the authority to conduct its business pursuant to the provisions of Code Section 43-1-19 which is incorporated herein and made a part of this chapter by specific reference.
43-30A-5. (a) A dialysis technician may provide dialysis care when delegated to him or her by a registered professional nurse if:
(1) The dialysis technician has a valid certificate issued pursuant to this chapter; (2) The registered professional nurse considers the dialysis technician to be competent; and (3) The dialysis technician provides the care under the direct supervision of the registered professional nurse. (b) Nothing in this chapter may be construed to prohibit a dialysis technician trainee from performing dialysis care as a part of and within the scope of the clinical skills instruction segment of an approved dialysis technician training curriculum.

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43-30A-6. A dialysis technician is authorized to perform the following activities, under the direct supervision of a registered professional nurse or a physician:
(1) Preparing and initiating dialysis access sites; (2) Initiating, delivering, or discontinuing dialysis care; (3) Administering only the following medications:
(A) Heparin to prime the pump, initiate treatment, or for administration through treatment in an amount prescribed by a physician or other authorized practitioner; this may be done intravenously, peripherally via a fistula needle, or in another clinically acceptable manner; (B) Normal saline via the dialysis extra corporeal circuit as needed through the dialysis procedure; this may be done intravenously, peripherally via a fistula needle, or in another clinically acceptable manner; and (C) Intradermal anesthetic in an amount prescribed by a physician or other authorized practitioner; (4) Obtaining a blood specimen via the dialysis extra corporeal circuit or a peripheral access site; (5) Reporting changes that arise in conjunction with dialysis care to the registered professional nurse or physician; and (6) Engaging in other acts as delegated by the registered professional nurse or physician in order to provide dialysis care.
43-30A-7. (a) An individual licensed by the board as a dialysis technician pursuant to the provisions of this chapter shall be known as a dialysis technician and may use the initials 'D.T.' after his or her name. On and after July 1, 2006, no other individual may use the title, abbreviation, or any other words, letters, figures, signs, or devices to indicate that he or she is a dialysis technician in this state. (b) An individual enrolled in an approved dialysis technician training curriculum shall be known as a dialysis technician trainee. A dialysis technician trainee shall adhere to the rules and regulations of the board for dialysis technicians and is subject to disciplinary action by the board as provided by board rules.
43-30A-8. The board may require that all applications be made under oath.
43-30A-9. (a) There is created the Dialysis Technician Advisory Council, which shall advise the board on issues relating to the qualifications, standards for training, competency determination of dialysis technicians, and all other matters relating to dialysis technicians. (b) The council shall be appointed by the board and shall consist of eight members as follows:

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(1) One member of the board, who shall serve as chairperson of the council; (2) Two dialysis technicians; (3) Two registered professional nurses who regularly provide dialysis care and care for patients who receive dialysis; (4) One physician who regularly treats patients receiving dialysis care; and (5) Two dialysis or kidney transplant patients. (c) The board shall specify the length of terms of the members. (d) Members of the council shall be reimbursed for expenses and travel as provided for members of various professional licensing boards in subsection (f) of Code Section 431-2.
43-30A-10. The investigatory and disciplinary authority of the board shall be as provided in Code Section 43-1-19.
43-30A-11. (a) It shall be unlawful for any individual, firm, corporation, facility, or association to:
(1) Sell or fraudulently obtain or furnish any national certification credential or documentation of successful completion of an approved dialysis technician training curriculum or aid or abet therein; (2) Perform services as a dialysis technician unless authorized by the provisions of this chapter; (3) Use in connection with his or her name any designation tending to imply that he or she is a dialysis technician unless authorized by the provisions of this chapter; or (4) Otherwise violate any provision of this chapter. (b) Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than $500.00 or more than $1,000.00. (c) Each act of unlawful practice under this Code section shall constitute a distinct and separate offense.
43-30A-12. (a) The practice of dialysis care is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice by a person who is not certificated to practice in this state is declared to be a public nuisance, harmful to the public health, safety, and welfare. (b) Any citizen of this state, the board, or the appropriate prosecuting attorney where such practice is carried out by such uncertificated person may, on behalf of the public, bring an action to restrain and enjoin such uncertificated practice in the superior court of the county where such uncertificated person resides or works. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law or to allege or prove any special injury. (c) The remedy provided for in this Code section shall be cumulative to, and not in lieu

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of, any other remedy or penalty provided in this chapter or otherwise provided by law.

43-30A-13. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

SECTION 6. Said title is further amended in Code Section 43-34-178, relating to the nonapplicability of Code Section 43-34-177, by striking paragraph (6) of subsection (a) and inserting in its place the following:
(6) A person working as a dialysis care technician in an end stage renal disease facility
licensed pursuant to Chapter 44 of Title 31 or a licensed hospital.

SECTION 7. This Act shall become effective on July 1, 2006.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton E Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

E Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 423, having received the requisite constitutional majority, was passed by substitute.

SB 370. By Senators Goggans of the 7th, Kemp of the 46th, Bulloch of the 11th, Tolleson of the 20th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting agriculture in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, donation of revenue, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison

Y Hill,Jack Hill,Judson
E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton E Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath
Henson

E Seabaugh Seay
Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

SB 370, having received the requisite constitutional majority, was passed.

Senator Carter of the 13th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

SB 515. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Starr of the 44th and Thomas of the 54th:

A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to expand the grades of eligibility for the remedial education program; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Education and Youth Committee offered the following substitute to SB 515:

A BILL TO BE ENTITLED AN ACT

To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to change certain provisions relating to the remedial education program; to change certain provisions relating to determination of enrollment by institutional program and determination of funds to be appropriated; to change certain provisions relating to equalization grants; to revise definitions relating to capital outlay funds generally for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by striking subsection (a) of Code Section 20-2-154, relating to the remedial education program, and inserting in lieu thereof the following:

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(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies. The following students shall be eligible for remedial education services:
(1) Students in grades nine six through 12 may be eligible for services if they meet two or more of the following criteria:
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education; (B) The student has been retained in the grade; (C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Improving Americas Schools Act of 1994 (Public Law 103-382); (D) The student has been recommended by the teacher who has documented any of the following student information:
(i) Low performance in the reading series system; (ii) Low performance in the mathematics series; or (iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or (E) Current test information in the student file indicates the student has a score at or below the twenty-fifth percentile; and (2) Students in grades nine six through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEPs) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies. No more than 25 percent of the full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent.
SECTION 2. Said article is further amended by striking Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated, and inserting in lieu thereof the following:
20-2-160. (a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1

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but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the students specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date. (b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
(1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; and (2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program. (c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the second

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full-time equivalent program count shall be calculated as follows: (1) Divide the first total full-time equivalent count for the current fiscal year by the first total full-time equivalent count for the immediately preceding fiscal year; (2) Multiply the quotient obtained in paragraph (1) of this subsection by the second total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected second total full-time equivalent count for the current fiscal year; (3) Divide the average of the local school systems two most recent full-time equivalent program counts by the average of the two most recent total full-time equivalent counts; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected second full-time equivalent program count for the current fiscal year.
(d) The average of the first full-time equivalent program count, weighted two parts, and the projected second full-time equivalent program count, weighted one part, shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year. (e) For purposes of calculating allotments for the instructional programs identified in paragraphs (2), (4), (6), (8), and (19) of subsection (b) of Code Section 20-2-161, for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do exist. (f)(e) The allotments for the alternative education program shall be calculated as provided in subsection (h) of Code Section 20-2-154.1.
SECTION 3. Said article is further amended by striking Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof the following:
20-2-165. (a) As used in this Code section, the term:
(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part. (4)(3) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school systems annual financial report, the increase or decrease in local tax revenues resulting from

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the audit shall cause an adjustment to be made in the effective millage rate that was calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school systems equalization grant in a subsequent fiscal year. (5)(4) 'Eligible full-time equivalent program count' is defined as the sum of the fulltime equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) (d) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school systems total full-time equivalent nonresident student count for all programs except handicapped programs for persons with disabilities shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (6)(5) 'Equalized adjusted property tax digest' is defined as the most recent equalized adjusted property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164. (7)(6) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent count, where the ranking of school systems is such that the onehundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count. For the purpose of determining the assessed valuation per weighted full-time equivalent count of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system. (8)(7) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (9)(8) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the next ensuing fiscal year. (10)(9) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective

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millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2-164. (11)(10) 'Weighted full-time equivalent count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161. (12)(11) 'Weighted full-time equivalent count for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the current fiscal year. (b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner: (1) Subtract the assessed valuation per weighted full-time equivalent count for the local school system from the assessed valuation per weighted full-time equivalent count for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 15 effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; and (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted full-time equivalent count for the local school system; and. (6) The resulting amount, calculation amount A, shall be the equalization grant for the ensuing fiscal year; provided, however, that for fiscal year 2001 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .25 and adding that amount to calculation amount B; provided, further, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated calculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another

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system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems. (d) The amount of funds appropriated each year under this Code section, for a period not to exceed five years beginning with fiscal year 2002, may be adjusted to allow local school systems that are losing funds due to a change from the ninetieth percentile guaranteed valuation school system to the seventy-fifth percentile guaranteed valuation school system sufficient time to adjust their local programs. (e)(d)(1) Beginning with Fiscal Year 2002, a A midterm adjustment in a local school systems equalization grant shall be made if:
(A) The school system ranks at or below the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent student count, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent student count; and (B) The school system increases the actual millage levied against its digest for maintenance and operation. (2) If made, the midterm adjustment to the equalization grant shall be calculated as follows: (A) Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year; provided, however, that for local school systems that impose local option sales taxes for school maintenance and operation, as authorized by law, the Department of

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Education shall be authorized to adjust this calculation by adding the equivalent property tax millage that would be needed to produce the revenue raised by the local option sales tax to the actual millage rate and calculating a revised percentage change; (B) If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (d)(c) of this Code section; (C) Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and (D) Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph. The resulting amount shall be the midterm adjustment to the equalization grant. (e) If the result from subparagraph (A) of paragraph (2) of subsection (d) of this Code section is a positive number, the local school systems number of effective mills used in the calculation of its equalization grant for the ensuing fiscal year shall be adjusted by multiplying the number of effective mills calculated pursuant to paragraph (3) of subsection (b) of this Code section by the percentage increase calculated in subparagraph (A) of paragraph (2) of subsection (d) of this Code section. The resulting amount shall be the adjusted number of effective mills used in the calculation of the equalization grant pursuant to paragraph (3) of subsection (b) of this Code section; provided, however, that in no event shall the adjusted number of effective mills to be equalized exceed 15 effective mills. For Fiscal Year 2006 only, adjustments to equalization grants as provided in this subsection shall be allocated to local school systems following the adoption of the amended Appropriations Act for Fiscal Year 2006.
SECTION 4. Said article is further amended by in Code Section 20-2-260, relating to capital outlay funds generally, by striking paragraphs (8) and (17) of subsection (b) and inserting in their respective places the following:
(8) 'Full-time equivalent student count' is defined as the average of the two full-time equivalent counts pursuant to subsection (d) of Code Section 20-2-160 for a school year.
(17) 'Weighted full-time equivalent student count' is defined as the average most recent weighted full-time equivalent count as defined in paragraph (3)(8) of subsection (a) of Code Section 20-2-165.
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter E Chance Y Chapman
Douglas E Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton E Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

SB 515, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334

Committees: Appropriations Health and Human Services Retirement State and Local Governmental Operations

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The State Senate Atlanta, Georgia 30334
3/1/06
Please show a yes vote for me on SB 515.
/s/ Horacena Tate District 38
Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Thursday, March 2, 2006.
The motion prevailed, and the President announced the Senate adjourned at 12:38 p.m.

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Senate Chamber, Atlanta, Georgia Thursday, March 2, 2006
Twenty-sixth Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 276.

By Representatives Rice of the 51st, Dollar of the 45th, Powell of the 29th, Murphy of the 23rd and Parham of the 141st:

A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 920. By Representatives Smith of the 70th and Horne of the 71st:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to authorize local boards of education to provide health insurance benefits to members leaving office on or after a specified date if such members have served on the board for at least 12 years; to provide that such

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former members shall pay the entire cost of the health insurance coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1031. By Representatives Dodson of the 75th, Willard of the 49th, Royal of the 171st, Barnes of the 78th, Jordan of the 77th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; to change certain provisions relating to sodomy; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1112. By Representatives Smith of the 113th, Holt of the 112th, Butler of the 18th and Byrd of the 20th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1141. By Representatives Heard of the 104th, Mills of the 25th and Parsons of the 42nd:
A BILL to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of lobbyists, so as to provide for the payment of certain registration and other fees by persons who register as lobbyists; to provide for the establishment of such fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1209. By Representatives Chambers of the 81st, Wilkinson of the 52nd and Watson of the 91st:
A BILL to be entitled an Act to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for

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payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 1291. By Representatives Smith of the 131st, Rogers of the 26th, Meadows of the 5th and Murphy of the 120th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate automobile clubs; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1293. By Representatives Royal of the 171st, Floyd of the 147th, Roberts of the 154th, Channell of the 116th and O`Neal of the 146th:
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 constitute a breach of a conservation use covenant but incur a reduced penalty; to repeal conflicting laws; and for other purposes.
HB 1390. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1414. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to authorize Newton County to exercise all redevelopment and other powers except for condemnation and eminent domain under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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HB 1415. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
HB 1428. By Representatives Meadows of the 5th and Graves of the 12th:
A BILL to be entitled an Act to provide for homestead exemptions from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1429. By Representatives Graves of the 12th and Meadows of the 5th:
A BILL to be entitled an Act to provide for homestead exemptions from Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 1432. By Representatives Scheid of the 22nd, Hill of the 21st, Byrd of the 20th and Murphy of the 23rd:

A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide that it shall require the affirmative votes of five councilmembers to approve the exercise of the power of eminent domain in the city limits; to provide for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1434. By Representative Mills of the 25th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an ordinance filed with the Secretary of State on February 17, 2005 (Ga. L. 2005, p. 4274), so as to change the powers and duties of the mayor; to provide for a city manager; to provide for the appointment of a city clerk; to provide for the appointment of a city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 1061. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th:

A RESOLUTION relative to adjournment; and for other purposes.

The following communications were received by the Secretary:

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

MEMORANDUM

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TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Science and Technology Committee

The Committee on Assignments has appointed the following ex-officio member to the Senate Science and Technology Committee to serve March 2nd, 2006. The Senator appointed to serve as ex-officio member is:

Don Thomas of the 54th

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

/s/ Eric Johnson

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

MEMORANDUM

The State Senate Atlanta, Georgia 30334

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Health and Human Services Committee

THURSDAY, MARCH 2, 2006

1237

The Committee on Assignments has appointed the following ex-officio member to the Senate Health and Human Services Committee to serve March 2nd, 2006. The Senator appointed to serve as ex-officio member is:

John Wiles of the 37th

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

/s/ Eric Johnson
Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

MEMORANDUM

The State Senate Atlanta, Georgia 30334

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Higher Education Committee

The Committee on Assignments has appointed the following ex-officio member to the Senate Higher Education Committee to serve March 2nd, 2006. The Senator appointed to serve as ex-officio member is:

Don Balfour of the 9th

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

/s/ Eric Johnson

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Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

MEMORANDUM

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Science and Technology Committee

The Committee on Assignments has appointed the following ex-officio member to the Senate Science and Technology Committee to serve March 2nd, 2006. The Senator appointed to serve as ex-officio member is:

Chip Rogers of the 21st

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

/s/ Eric Johnson

Senator John Bulloch District 11 110 State Capitol Atlanta, GA 30334

Committees: Agriculture and Consumer Affairs Natural Resources and the Environment Appropriations Banking and Financial Institutions

The State Senate Atlanta, Georgia 30334

THURSDAY, MARCH 2, 2006

1239

The Honorable Bob Ewing Secretary of the Senate 350 State Capitol Atlanta, GA 30334
Dear Bob,
Please excuse me from the Senate on Thursday and Friday, March 2nd and 3rd 2006 as I will be away on family business. I have already discussed this with Senator Eric Johnson, President Pro Tempore so he is aware I will be absent.
Thank you for your assistance in this matter.
Sincerely,
/s/ John Bulloch
The following Senate legislation was introduced, read the first time and referred to committee:
SB 619. By Senators Tolleson of the 20th, Bulloch of the 11th, Harp of the 29th and Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting programs for persons with brain-related disorders and disabilities; to provide for a portion of the revenue to go to Pilot International; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 620. By Senator Carter of the 13th:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the imposition of fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide

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for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 621. By Senators Zamarripa of the 36th, Rogers of the 21st, Adelman of the 42nd, Staton of the 18th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Commission for the Blind; to provide for a short title; to provide for legislative intent; to provide for the composition and appointment of commission members; to provide for an executive director; to provide for duties; to provide for an annual report; to provide for a complaint process; to specify the powers and duties of the commission, transferring functions otherwise assigned; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 622. By Senators Tarver of the 22nd and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to notice of acquisition to the Attorney General; to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 623. By Senators Hill of the 32nd and Rogers of the 21st:
A BILL to be entitled an Act to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations, so as to require that the annual evaluation is signed by the evaluator and provided to the certificated person; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

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SB 624. By Senators Seabaugh of the 28th, Chance of the 16th, Harp of the 29th, Staton of the 18th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior court, so as to provide for a sixth judge of the superior courts of the Coweta Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to declare inherent authority; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 625. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding the Georgia housing tax credits with respect to certain insurance taxes and income taxes; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 626. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Habersham County ad valorem taxes, including taxes for educational purposes, in the amount of $10,000.00 of the assessed value of the homestead for residents of that county school district who are 65 years of age or over, which Act is the former local constitutional amendment, Resolution Act No. 162, House Resolution No. 662-1850 (Ga. L. 1978, p. 2444), which was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, so as to provide for a definition of the term "homestead" for purposes of the exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SB 627. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended, so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to revise the powers of the authority; to provide that the authority shall exercise its powers with the consent of the Board of Commissioners of Habersham County; to expressly authorize lease of the assets of the authority, transfer of the authoritys employees, and the provision of advice and recommendations to the Board of Commissioners of Habersham County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 628. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are disabled or are 65 years of age or over and whose income, excluding certain retirement income, does not exceed $12,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 629. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Habersham 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 approved May 16, 2002 (Ga. L. 2002, p. 5864), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to

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provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 630. By Senator Pearson of the 51st:
A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), so as to change provisions relating to the time of municipal elections and the terms of the mayor and council; to exercise authority granted under general law so as to make the charter provisions on this subject consistent with general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 631. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to obscenity and related offenses, so as to repeal certain provisions regarding distributing obscene material, definition of obscene material, and penalty; to provide for the offense of distribution of obscene material; to provide for affirmative defenses; to provide for a criminal penalty; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 632. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require the plaintiff to provide a copy of the final decree to the defendant if the defendant was not present when the final decree was entered; to provide that all documents that are to be exchanged between the parties pursuant to a divorce decree shall be sent by certified mail, return receipt requested; to provide for the filing of such receipts; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 633. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, so as to change certain provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; to repeal conflicting laws; and for the other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 634. By Senators Mullis of the 53rd, Bulloch of the 11th, Heath of the 31st, Goggans of the 7th and Rogers of the 21st:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to carrying and possession of firearms, so as to provide a short title; to provide for legislative intent; to provide a definition; to provide that it shall be lawful for any person who may lawfully possess firearms to park a motor vehicle on any property set aside for the parking of a motor vehicle when the person is lawfully transporting and storing a firearm or firearms in the motor vehicle and the firearm or firearms are locked in or locked to the motor vehicle; to provide for certain civil immunity for occurrences which result from, are connected with, or are incidental to the use of a firearm which is being lawfully transported and stored in a locked motor vehicle on any property set aside for the parking of motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 635. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to define certain terms; to provide certain recordkeeping requirements for persons who weigh goods transported on vehicles that are subject to the limitations of said article; to provide that such records may be relevant evidence of violations of said article; to provide for exceptions; to provide for other evidence; to provide for issuance of citations; to provide penalties; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

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SB 636. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 637. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshuas Law," so as to change the membership of the Georgia Drivers Education Commission; to repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SR 1064. By Senator Goggans of the 7th:
A RESOLUTION commemorating the achievements and sacrifice made by Private James Boggan and renaming the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, the Private James Boggan Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.

SR 1067. By Senator Schaefer of the 50th:
A RESOLUTION creating the Senate Study Committee on the Prevention of the Starvation and Dehydration of Persons with Disabilities; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:

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HB 276. By Representatives Rice of the 51st, Dollar of the 45th, Powell of the 29th, Murphy of the 23rd and Parham of the 141st:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 920. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to authorize local boards of education to provide health insurance benefits to members leaving office on or after a specified date if such members have served on the board for at least 12 years; to provide that such former members shall pay the entire cost of the health insurance coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 1031. By Representatives Dodson of the 75th, Willard of the 49th, Royal of the 171st, Barnes of the 78th, Jordan of the 77th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; to change certain provisions relating to sodomy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1112. By Representatives Smith of the 113th, Holt of the 112th, Butler of the 18th and Byrd of the 20th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain

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provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

HB 1141. By Representatives Heard of the 104th, Mills of the 25th and Parsons of the 42nd:
A BILL to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of lobbyists, so as to provide for the payment of certain registration and other fees by persons who register as lobbyists; to provide for the establishment of such fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

HB 1209. By Representatives Chambers of the 81st, Wilkinson of the 52nd and Watson of the 91st:
A BILL to be entitled an Act to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 1291. By Representatives Smith of the 131st, Rogers of the 26th, Meadows of the 5th and Murphy of the 120th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate automobile clubs; to provide

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definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 1293. By Representatives Royal of the 171st, Floyd of the 147th, Roberts of the 154th, Channell of the 116th and O`Neal of the 146th:
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 constitute a breach of a conservation use covenant but incur a reduced penalty; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 1390. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

HB 1414. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to authorize Newton County to exercise all redevelopment and other powers except for condemnation and eminent domain under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1415. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1428. By Representatives Meadows of the 5th and Graves of the 12th:
A BILL to be entitled an Act to provide for homestead exemptions from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1429. By Representatives Graves of the 12th and Meadows of the 5th:
A BILL to be entitled an Act to provide for homestead exemptions from Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures

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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 1432. By Representatives Scheid of the 22nd, Hill of the 21st, Byrd of the 20th and Murphy of the 23rd:
A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide that it shall require the affirmative votes of five councilmembers to approve the exercise of the power of eminent domain in the city limits; to provide for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1434. By Representative Mills of the 25th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an ordinance filed with the Secretary of State on February 17, 2005 (Ga. L. 2005, p. 4274), so as to change the powers and duties of the mayor; to provide for a city manager; to provide for the appointment of a city clerk; to provide for the appointment of a city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
The following committee reports were read by the Secretary:
Mr. President:
The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1213 Do Pass SB 380 Do Pass by substitute
Respectfully submitted, Senator Bulloch of the 11th District, Chairman

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Mr. President:

The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 414 SR 682

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 503 Do Pass by substitute SR 793 Do Pass by substitute

SR 954 Do Pass SR 955 Do Pass

Mr. President:

Respectfully submitted, Senator Smith of the 52nd District, Chairman

The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 506 Do Pass SR 769 Do Pass

Respectfully submitted, Senator Harp of the 29th District, Chairman

Mr. President:

The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 594 HB 912 SB 573

Do Pass Do Pass by substitute Do Pass
Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman

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Mr. President:

The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 592 Do Pass

Respectfully submitted, Senator Grant of the 25th 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 1142 HB 1251 HB 1269 HB 1312

Do Pass Do Pass Do Pass Do Pass

HB 1321 HB 1343 HB 1351 SB 584

Do Pass by substitute Do Pass Do Pass by substitute Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 294 HB 560 HB 954 HB 984

HB 1067 HB 1106 HB 1157 HB 1182

HB 1190 SB 349 SB 422 SB 505

SB 524 SB 529 SB 562 SB 563

SB 581 SR 433 SR 434

SR 848 SR 849 SR 1025

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 Kemp of the 46th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

Senator Harbison of the 15th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

Senator Reed of the 35th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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Senator Williams of the 19th asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath

Henson Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer

Seabaugh Seay Shafer,D Smith Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Bulloch (Excused) Thompson, S (Excused)

Starr (Excused) Tolleson (Excused)

Thompson, C (Excused)

The members pledged allegiance to the flag.

Senator Cagle of the 49th introduced the chaplain of the day, Reverend Jeff Crook of Flowery Branch, Georgia, who offered scripture reading and prayer.

Senator Hooks of the 14th introduced representatives of Peach County and the Peach County Trojan Class AAA High School Championship Football Team.

The following resolutions were read and adopted:

SR 1062. By Senators Cagle of the 49th, Kemp of the 46th, Stephens of the 27th and Thomas of the 54th:

A RESOLUTION commending the Leukemia & Lymphoma Society's Team In Training program; and for other purposes.

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SR 1063. By Senators Staton of the 18th and Brown of the 26th:
A RESOLUTION recognizing the efforts of the Georgia Sports Hall of Fame; and for other purposes.
SR 1065. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending and congratulating Mr. Oscar H. Jordan for his life achievement and on his outstanding career with the State of Georgia; and for other purposes.
SR 1066. By Senator Schaefer of the 50th:
A RESOLUTION celebrating Towns County's sesquicentennial anniversary; and for other purposes.
SR 1068. By Senator Golden of the 8th:
A RESOLUTION commending Mr. Buford W. McRae; and for other purposes.
SR 1069. By Senator Pearson of the 51st:
A RESOLUTION commending Matthew James Barker on becoming an Eagle Scout; and for other purposes.
SR 1070. By Senator Pearson of the 51st:
A RESOLUTION commending Albert McKinley Cornelison IV on becoming an Eagle Scout; and for other purposes.
SR 1071. By Senator Pearson of the 51st:
A RESOLUTION commending Cassady Reichert Baxter on becoming an Eagle Scout; and for other purposes.

SR 1072. By Senator Pearson of the 51st:
A RESOLUTION commending Wade Everett Holcombe on becoming an Eagle Scout; and for other purposes.

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SR 1073. By Senator Pearson of the 51st:
A RESOLUTION commending Neil T. Bennett on becoming an Eagle Scout; and for other purposes.
SR 1074. By Senator Pearson of the 51st:
A RESOLUTION commending Joe Hibbitts on becoming an Eagle Scout; and for other purposes.
SR 1075. By Senator Jones of the 10th:
A RESOLUTION remembering and honoring the life of Warrant Officer Charles Gary Wells, Jr.; and for other purposes.
SR 1076. By Senators Seay of the 34th and Fort of the 39th:
A RESOLUTION proclaiming March 5, 2006, as the Chapel of Christian Love Baptist Church Day in the State of Georgia; and for other purposes.
The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Thursday, March 2, 2006 Twenty-sixth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 584

Jones of the 10th Douglas of the 17th Starr of the 44th HENRY COUNTY

A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4662), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such

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judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to repeal conflicting laws; and for other purposes
Bulloch of the 11th SEMINOLE COUNTY
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Seminole County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Unterman of the 45th Hudgens of the 47th Cagle of the 49th TOWN OF BRASELTON
A BILL to be entitled an Act to create the Braselton Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the Town of Braselton, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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.
Bulloch of the 11th MILLER COUNTY
A BILL to be entitled an Act to amend an Act creating the Miller County Recreation Authority, approved March 25, 1997 (Ga. L. 1997, p. 3533), so as to provide for the composition, qualifications, terms, and quorums of the authority; to repeal conflicting laws; and for other purposes.

HB 1312 HB 1321
HB 1343

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Bulloch of the 11th Meyer von Bremen of the 12th MITCHELL COUNTY
A BILL to be entitled an Act to abolish the office of elected county surveyor of Mitchell County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 CITY OF JOHNS CREEK/FULTON COUNTY
A BILL to be entitled an Act to incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Rogers of the 21st Stephens of the 27th CHEROKEE COUNTY
A BILL to be entitled an Act to authorize Cherokee 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.

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Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

HB 1351

Thomas of the 54th MURRAY COUNTY

A BILL to be entitled an Act to provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; 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. (SUBSTITUTE)

The substitutes to the following bills were put upon its adoption:

*HB 1321:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1321:

A BILL TO BE ENTITLED AN ACT

To incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city tax collector, a city accountant, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for

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penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for directory nature of dates; to provide for a charter commission; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.
The City of Johns Creek in Fulton County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Johns Creek." References in this charter to "the city" or "this city" refer to the City of Johns Creek. The city shall have perpetual existence.
SECTION 1.11. Corporate boundaries.
(a) The incorporated area of this city shall include all of that portion of Fulton County as set forth and described in Appendix A of this charter, which appendix is incorporated herein by reference, subject to ratification by the voters at a referendum as provided in Section 7.14 of this Act. (b) The incorporated area of this city may also include all of that portion of Fulton County as set forth and described in Appendix B of this charter, which appendix is incorporated herein by reference, subject to ratification by the voters at a referendum as provided in Section 7.14 of this Act. (c) After the original incorporation of this city, the boundaries of this city shall be subject to such alterations as may be made thereafter from time to time by local law or in the manner provided by general state law. As used in this charter, the term "territory" means the area of the city as described in this section. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Johns Creek, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
SECTION 1.12. Municipal powers.

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(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources,

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environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (13) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;

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(20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;

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(30) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (37) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors;

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(38) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (39) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (40) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (41) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation; composition; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers who shall be elected to Posts 1 through 6. Each person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person is at least 21 years of age and shall have been a resident of the territory for 12 months immediately preceding his or her election; and each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No persons name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember and in the case of a candidate for councilmember designates the post for which he or she is a candidate. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2.11. Elections.
(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the territory or of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections, including without limitation the special election of 2006 to elect the first mayor and council, shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) All elections for the mayor and all councilmembers shall be at-large by the voters of the entire city. (d) The first election for mayor and councilmembers shall be a special election held in 2006 on the date specified in subsection (e) of this section. At said election, the mayor and councilmembers elected to Council Posts 1, 3, and 5 shall be elected for initial terms

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of office beginning immediately after their election and expiring on December 31, 2009. The councilmembers elected to Council Posts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2007. Thereafter, at the elections provided for by subsection (e) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) A special election shall be held on the Tuesday after the first Monday in November, 2006, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in said subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2007. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (f) All municipal elections shall be nonpartisan and without primaries.
SECTION 2.12. Vacancies in office.
(a)(1) The office of mayor or councilmember shall become vacant upon the incumbents death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.13. Election by majority vote.
The candidate receiving a majority of the votes cast for any city office shall be elected.

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SECTION 2.14. Compensation and expenses.
The annual salary of the mayor shall be $25,000.00 and the annual salary for each councilmember shall be $15,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties.
SECTION 2.15. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the

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records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
SECTION 2.16. Removal of officers.
(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking such removal brought by any resident of the City of Johns Creek.

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ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES SECTION 3.10.
General power and authority.
Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
SECTION 3.11. Organization.
(a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk or the mayor-elect if the office of clerk is vacant. The city clerk or any judge shall administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council.
SECTION 3.12. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
SECTION 3.13. Meetings.
(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance and shall hold at least one regular meeting each month. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the

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meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
SECTION 3.14. Procedures.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor.
SECTION 3.15. Voting.
(a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the councilmembers. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict , and the explanation shall be recorded in the journal. (b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.16. Ordinances.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title.

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The enacting clause shall be "The Council of the City of Johns Creek hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 3.17. Effect of ordinances.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 3.18. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 3.19. Codes.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such

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adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 3.20. Codification of ordinances.
(a) The clerk shall authenticate by the clerks signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Johns Creek, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.21. Submission of ordinances to the mayor.
(a) Every ordinance, resolution, and other action adopted by the council shall be presented promptly to the mayor for signature. Except for council approval of appointments to committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the

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mayor shall submit to the council a written statement of the reasons for the mayors veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least five councilmembers within 60 days of the veto and for this purpose the mayor shall vote as a councilmember. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayors veto as provided in this charter. (e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the city council, it shall become effective.
SECTION 3.22. Powers and duties of the mayor.
(a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the citys affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the citys affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall:
(1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the council and vote on any matter before a committee on which he or she serves; (6) Obtain short term loans in the name of the city when authorized by the city council to do so; (7) Appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city; (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city;

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(9) Name qualified residents of the city to boards and commissions with approval of the city council; (10) Nominate the city attorney, city clerk, city tax collector, and city accountant, subject to ratification by the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances. (c) The mayor shall in his or her sole discretion appoint an executive aide to the mayor. The executive aide shall serve at the pleasure of the mayor. The executive aide shall receive a salary comparable to that of city department heads, which salary shall be fixed by the mayor. The executive aide shall report directly to the mayor. The duties and responsibilities of the executive aide shall at all times be as set forth by the mayor. The executive aide shall have the authority, upon the specific request of the mayor, to act on behalf of the mayor in the mayors ceremonial or administrative capacity. The executive aide shall have no authority to act on behalf of the mayor in a legislative or executive capacity.
SECTION 3.23. City manager; appointment, qualification, and compensation.
The mayor shall appoint for an indefinite term an officer whose title shall be the "city manager" and the city manager shall serve at the pleasure of the mayor. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed.
SECTION 3.24. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the City of Johns Creek. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.
SECTION 3.25. City manager; powers and duties enumerated.
The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted

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from the power of this appointment are those officers and employees who by this Act are appointed or elected by the mayor or council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the council and without assigning any reason therefore; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the council except as otherwise provided in this Act; (5) Attend all meetings of the council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the council, after prior review and approval by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officers jurisdiction to the extent that such contracts are funded in the citys budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the council; (9) Act as budget officer to prepare and submit to the council, after review and approval by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the clerk of the city; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the council.
SECTION 3.26. Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are

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subject to the direction or supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.27. Selection of mayor pro tempore.
There shall be a mayor pro tempore elected from among the councilmembers by the city council. The initial mayor pro tempore shall serve for a term expiring December 31, 2007, and successors shall serve for terms of four years. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election.
SECTION 3.28. Mayor pro tempore.
During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such persons absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. A councilmember acting as mayor shall have only one vote. A councilmember acting as mayor shall have veto power in the case of disability of the mayor but not in the case of absence of the mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest.
ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Department heads.
(a) Except for the offices of city manager and executive aide to the mayor, the council, by ordinance, may establish, abolish, merge, or consolidate nonelective offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. The council may also contract with private or governmental parties for the performance of the functions of any such offices,

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departments, or agencies. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the directors department or agency. (e) The city manager may suspend directors. The director involved may appeal to the city council which, after a hearing, may override the suspension. Any removal of a director shall be by the city council.
SECTION 4.11. Boards.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to approval by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city

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government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 4.12. City attorney.
The mayor shall nominate a city attorney subject to ratification by the council who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the mayor. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the citys affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney.
SECTION 4.13. City clerk.
The mayor shall nominate a city clerk who shall not be a councilmember subject to ratification by the council. The city clerk shall serve at the pleasure of the mayor. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk.
SECTION 4.14. City tax collector.
The mayor shall nominate a city tax collector subject to ratification by the council. The city tax collector shall serve at the pleasure of the mayor. The city tax collector shall collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city council shall provide for the compensation of the city tax collector.
SECTION 4.15. City accountant.
The mayor shall nominate a city accountant subject to ratification by the council. The city accountant shall serve at the pleasure of the mayor. The city council shall provide for the compensation of the city accountant.

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SECTION 4.16. Rules and regulations.
The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Municipal court.
There shall be a court to be known as the Municipal Court of the City of Johns Creek.
SECTION 5.11. Judges.
(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The chief judge shall be appointed by resolution of the city council and the method of selection and terms of any other judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law. (d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.

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SECTION 5.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 5.13. Powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court. (c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing, provided that such fines or imprisonment does not exceed the statutory limits as now exist or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and

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particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 5.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 5.15. Rules.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage.
(a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731, unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the eligible voters of the city by

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referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax.
SECTION 6.12. Occupation taxes and business license fees.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Licenses.
The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
The city council shall have the power to grant franchises for the use of this citys streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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SECTION 6.15. Utilities/infrastructure fees.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Roads.
The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.19. Borrowing.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

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SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Accounting and budgeting.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.23. Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.
SECTION 6.24. Operating budget.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

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SECTION 6.25. Adoption.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
SECTION 6.26. Levy of taxes.
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
SECTION 6.27. Changes in budget.
The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.
SECTION 6.28. Capital improvements.

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(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
SECTION 6.29. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.30. Procurement and property management.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
SECTION 6.31. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.

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SECTION 6.32. Sale of property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
SECTION 6.33. General homestead exemption.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
(b) Each resident of the City of Johns Creek is granted an exemption on that persons homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1

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of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 6.34. General homestead exemption for citizens age 65 or over.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Johns Creek who is a senior citizen is granted an exemption on that persons homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the persons age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1

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of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 6.35. Homestead exemption for citizens age 65 or over
meeting certain income requirements.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individuals spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Johns Creek who is a senior citizen is granted an exemption on that persons homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that persons income,

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together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individuals spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the persons age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 6.36. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal

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Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individuals spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Johns Creek who is a senior citizen or who is disabled is granted an exemption on that persons homestead from City of Johns Creek ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that persons income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individuals spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the persons age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect

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state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Charter language on other general matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.12. Definitions and construction.
(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.13. Qualified electors.
(a) For the purposes of the referendum elections provided for in Section 7.14 of this Act the qualified electors shall be those qualified electors of Fulton County residing within the areas described in Appendixes A and B of this charter. (b) For the purposes of the special election to be held on the Tuesday after the first Monday in November, 2006, the qualified electors shall be those qualified electors of Fulton County residing within the City of Johns Creek, as determined according to the

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results of the election provided for in Section 7.14 of this Act. (c) At subsequent municipal elections, the qualified electors of the City of Johns Creek shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (d) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this Act and only for the purpose of holding and conducting the special election of the City of Johns Creek to be held on the Tuesday after the first Monday in November, 2006, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Johns Creek and the powers and duties of the governing authority of the City of Johns Creek.
SECTION 7.14. Referendum.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call two special elections for the purpose of submitting this Act to the qualified voters, as provided in subsection (a) of Section 7.13 of this charter, for approval or rejection. The superintendent shall set the date of such elections for the date of the general primary in 2006. The superintendent shall issue the call for such elections at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Do you approve the creation of the City of Johns Creek and the property tax rate cap and the granting of the homestead exemptions described in
( ) NO the Act creating the City of Johns Creek?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." The expense of the special elections set forth in this section shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such elections. It shall be his or her further duty to certify the results thereof to the Secretary of State. (b) One special election provided for in subsection (a) of this section shall be held and conducted in the area described in Appendix A of this charter and one such special election shall be held in the area described in Appendix B of this charter. The votes of each special election shall be counted separately, and the results shall be as follows:
(1) If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act, it shall become of full force and effect and the territorial limits of the city shall include the area described in Appendix A of this charter. Otherwise, if one-half or less of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act it shall thereafter be void and of no force or effect, regardless of the outcome of the special election in the area described in Appendix B of

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this charter; and (2) If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act and more than one-half of the votes cast on such question in the special election in the area described in Appendix B of this charter are for approval of the Act, the territorial limits of the city shall include the area described in Appendix B of this charter as well as the area described in Appendix A of this charter. If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act and one-half or less of the votes cast on such question in the special election in the area described in Appendix B of this charter are for approval of the Act, the territorial limits of the city shall include the area described in Appendix A but shall not thereafter include the area described in Appendix B of this charter.
SECTION 7.15. Effective dates.
(a) Sections 1.10 and 1.11 of this Act and those provisions of the Act necessary for the special election provided for in Section 7.14 of this charter shall become effective immediately upon this Acts approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November, 2006, as provided by Article II of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on December 1, 2006, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to December 1, 2006, meet and take actions binding on the city.
SECTION 7.16. Transition.
(a) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of Johns Creek. Accordingly there shall be a transition period beginning on December 1, 2006, and ending at midnight on November 30, 2008. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Fulton County shall continue to provide within the territorial limits of Johns Creek all government services and functions which Fulton County provided in that area at the time of enactment of this charter and at actual cost as provided pursuant to Code Section 36-31-8 of the O.C.G.A., except to the extent otherwise provided in this section; provided, however, that upon at least 30 days written

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notice to Fulton County by the City of Johns Creek, responsibility for any such service or function shall be transferred to the City of Johns Creek. Effective December 1, 2006, the City of Johns Creek shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Johns Creek. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by Fulton County, the service or function shall continue to be provided by the county contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the city and the county. Any existing contract for the performance of a governmental service with a private person residing or doing business within the city limits shall not be altered or adversely affected by the establishment by this Act of the City of Johns Creek. (c) During the transition period, the governing authority of the City of Johns Creek:
(1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2007 and 2008; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period the Municipal Court of the City of Johns Creek shall not exercise its jurisdiction. During the transition period, all ordinances of Fulton County shall remain applicable within the territorial limits of Johns Creek and the appropriate court or courts of Fulton County shall retain jurisdiction to enforce such ordinances. Upon notice by the City of Johns Creek, Fulton County shall transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Johns Creek as contained in such notice. Any transfer of jurisdiction to the City of Johns Creek during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (e) During the transition period, the governing authority of Johns Creek may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the

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governing authority of Johns Creek commencing to exercise its planning and zoning powers, the Municipal Court of the City of Johns Creek shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Johns Creek shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION 7.17. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that:
(1) If it is not possible to hold the referendum election provided for in Section 7.14 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in Section 2.11 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly.
SECTION 7.18. Charter commission.
At the first regularly scheduled city council meeting, five years after the inception of the City of Johns Creek, the mayor and city council shall create a charter commission to review the citys experience and recommend to the General Assembly any changes to the city charter. All members of the charter commission must reside in the City of Johns Creek. The commission must complete the recommendations within six months of its creation.
SECTION 7.19. Severability.

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In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 7.20. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A
If approved by the voters as described in Section 7.14 of this charter, the corporate limits of the City of Johns Creek shall include the following described territory of Fulton County except that the corporate limits of the City of Johns Creek shall not include any part of the following described territory which has been validly annexed to another city by an annexation completed before this Act is approved by the Governor or becomes law without such approval:
Commencing at the northeasterly point of Fulton County, Georgia at the point where Fulton County, Georgia intersects the westerly county line of Gwinnett County, Georgia, the southerly county line of Forsyth County, Georgia, as the boundaries existed on January 1, 2006, and the Chattahoochee River; running thence generally southwesterly along the southeastern line of Fulton County where it intersects the northeasterly line of Gwinnett County, following the meanderings of the Chattahoochee River, to the point where said Fulton-Gwinnett County line intersects the dividing line between Fulton County Voting Precincts NC11A and NC06, as they existed on January 1, 2006; thence leaving said Fulton-Gwinnett County line, running northwesterly along said dividing line between voting precincts to its intersection with Barnwell Road; thence following Barnwell Road northeasterly to the point where said right-of-way intersects with Jones Bridge Road; thence following Jones Bridge Road northerly to the point where said right-of-way intersects with Old Alabama Road; thence following the right-of-way of Old Alabama Road west to the point where said right-of-way intersects with the right-of-way of Brumbelow Road; thence following the right-of-way of Brumbelow Road south to the point where said right-of-way intersects with the south land lot line of Land Lot 924, 1st District, 2nd Section, Fulton County, Georgia, said point also being the southeastern corner of that certain parcel of land (Fulton County tax id# 12318008950488, according to the parcel numbering system existing on January 1, 2006) described in that certain Quit Claim Deed, dated May 5, 1997, recorded in Deed Book 22692, page 012, Official Deed Records of Fulton County, Georgia, said

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point further representing the southeasterly corner of Newtown Park; thence leaving said right-of-way running west along the south line of Land Lots 924 and 895, aforesaid District and Section, to a point at the intersection of Land Lots 894, 895, 869 and 870, aforesaid District and Section, said point also being the southwest corner of Newtown Park; thence running north along the west land lot line of Land Lot 895 to a point to its northernmost point adjacent to the east boundary of the Chartwell Subdivision, as set out on that certain plat entitled Final Subdivision Plat of Chartwell, Unit 1, Phase 1, by Travis Pruitt & Associates, Inc., recorded at Plat Book 188, page 49, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line following the east boundary of the Chartwell Subdivision northwesterly to Old Alabama Road; thence running along the right-of-way of Old Alabama Road to its intersection with the northeast corner of the Old Alabama Square Shopping Center as set out on that certain plat entitled Old Alabama Square, Exemption Plat, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 220, page 124, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running south and southwest along the east line of said shopping center parcel (said line also being set out on the aforementioned plat of Chartwell Subdivision) to a point at the southeast corner of said shopping center parcel; thence running west along the south line of said shopping center parcel to a point at the centerline of a creek, the same being located at the southwest corner of said shopping center parcel, said point also being located on the east property line of that certain parcel of land (Fulton County tax id# 12304008391576, according to the parcel numbering system existing on January 1, 2006) said parcel being described in that certain General Warranty Deed, dated June 24, 1999, recorded in Deed Book 27358, page 340, Official Deed Records of Fulton County, Georgia; thence running southerly along the meanderings of said creek along the east line of said parcel of land (Fulton County tax id# 12304008391576) to its intersection with the south land lot line of Land Lot 840, aforesaid District and Section; thence leaving the centerline of said creek running west along the south line of land lots 840 and 817 to its intersection with the easterly boundary of City of Roswell, Georgia, as said boundary existed on January 1, 2006, at the right-of-way of Nesbit Ferry Road; thence running north along said right-of-way of Nesbit Ferry Road to the point in Land Lot 818, aforesaid District and Section, where said eastern boundary leaves the right-ofway of Nesbit Ferry Road; thence following said eastern boundary northwest to the point where said eastern boundary intersects the east land lot line of Land Lot 787, aforesaid District and Section; thence running northeasterly along the eastern boundary of the City of Roswell, Georgia, following the courses and distances thereof, to a point in Land Lot 867, aforesaid District and Section, where said boundary line intersects the northwest corner of the Magnolia Park Subdivision as set out on that certain plat entitled Final Plat for Magnolia Park, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 224, page 89, Official Deed Records of Fulton County, Georgia, said point also lying on the south line of the Willow Springs Subdivision, as set out on that certain plat entitled Final Plat Willow Springs S/D, Unit 5, by Mayes Sudderth & Etheridge, Inc., recorded at Plat Book 116, page 40, Official Deed Records of Fulton

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County, Georgia; thence leaving said boundary line of the City of Roswell, Georgia, running southwest along the west line of said Magnolia Park Subdivision to a point at the southwest corner of said Magnolia Park Subdivision; thence running east, north and east along the south line of said Magnolia Park Subdivision to the point where said line intersects with Haynes Bridge Road at the southeast corner of said Magnolia Park Subdivision; thence running north along the right-of-way of Haynes Bridge Road, to the point in Land Lot 867, aforesaid District and Section, at the northerly intersection of said right-of-way with the east boundary line of the aforementioned Final Plat Willow Springs S/D, Unit 5; thence leaving said right-of-way running west along the boundary line of the Willow Springs Subdivision to a point on the west land lot line of Land Lot 867, aforesaid District and Section; thence continuing north along said east boundary line of Willow Springs Subdivision following the west land lot line of Land Lots 867 and 866, aforesaid District and Section, to the point at the intersection of Land Lots 843, 844, 865 and 866, aforesaid District and Section, said point also lying on the south boundary line of that certain Wentworth Subdivision as set out on that certain plat entitled Final Plat for Wentworth, by Hayes, James & Associates, recorded at Plat Book 214, page 129, Official Deed Records of Fulton County, Georgia; thence running west along the south boundary of Wentworth Subdivision, and Land Lot 844, aforesaid District and Section, to a point at the southwest corner of said subdivision; thence leaving said land lot line running north along the west boundary of said Wentworth Subdivision, following the courses and distances thereof across the right-of-way of Haynes Bridge Road, to a point at the northwest corner of said Wentworth Subdivision, said point being located on the north line of Land Lot 844, aforesaid District and Section; thence running east along the north line of said Wentworth Subdivision, along the north lines of Land Lots 844 and 865, aforesaid District and Section, to a point at the northeast corner of said subdivision; thence leaving said land lot line, running south along the east boundary of said Wentworth Subdivision to the point at which said boundary line intersects the northerly point of that certain parcel of land (Fulton County tax id# 12302008650447, according to the parcel numbering system existing on January 1, 2006) described in that certain Deed, dated September 1, 2004, recorded in Deed Book 38424, page 122, Official Deed Records of Fulton County, Georgia; thence running southeast and southerly along the east property line of said parcel of land to a point, said point also lying at the northeast corner of that certain parcel of land (Fulton County tax id# 12302008650173, according to the parcel numbering system existing on January 1, 2006) described in that certain Deed, dated September 2, 2004, recorded in Deed Book 38424, page 118, Official Deed Records of Fulton County; thence running south along the east line of said parcel of land (Fulton County tax id# 12302008650173) to a point at the southeast corner of said parcel of land; thence running southwest along the southeast property line of said parcel of land (Fulton County tax id# 12302008650173) to a point on the right-of-way of Haynes Bridge Road; thence following the right-of-way of Haynes Bridge Road southeast to the intersection of Haynes Bridge Road and Alvin Road; thence running northeasterly along Alvin Road to a point at its intersection in Land Lot 898, aforesaid District and

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Section, with the southeast corner of the Berkshire Manor Subdivision, Unit One, as set out on that certain plat recorded in the Official Deed Records of Fulton County, Georgia; thence running north along the east boundary of said Berkshire Manor Subdivision following said east boundary of the Berkshire Manor Subdivision along Unit One, Unit Three, and Unit Five thereof, to the point at which said east boundary intersects the south line of Land Lot 900 the same lying at the southwest corner of the Summer Trace Subdivision as set out on that certain plat entitled Final Plat for Summer Trace, Unit Two, by Civil Design, Inc., recorded at Plat Book 149, page 5, Official Deed Records of Fulton County, Georgia; thence running east along said south land lot line to point at the intersection of said land lot line and the southeast corner of Lot 104 of set forth on said Summer Trace Subdivision Plat; thence leaving said land lot line running northwest along the northeast property line of said Lot 104 to the north corner of said lot 104, said point also being located at the southwest corner of Unit III of the Summer Trace Subdivision as set out on that certain Final Plat for Summer Trace, unit III, by Civil Design, Inc., recorded at Plat Book 153, page 1, Official Deed Records of Fulton County, Georgia; thence running northwest along the westerly line of said Unit III of the Summer Trace Subdivision following the courses and distances thereof to a point at its intersection with the City of Alpharetta, Georgia, as it existed on January 1, 2006, at Long Indian Creek; thence following said boundary line of the City of Alpharetta, Georgia southeasterly along the meanderings of Long Indian Creek to the point where Long Indian Creek intersects the easterly line of Land Lot 864, aforesaid District and Section, there leaving said boundary line of the City of Alpharetta, Georgia; thence continuing along the meanderings of Long Indian Creek easterly to the point where Long Indian Creek intersects the east line of Land Lot 918, aforesaid District and Section; thence leaving Long Indian Creek running south along said east land lot line of Land Lot 918 to the point where said east line intersects with the north line of Land Lot 11, 1st District, 1st Section of Fulton County, Georgia; thence running east along said north land lot line of said Land Lot 11 to a point where said land lot line intersects with that certain Storm Drain Line located northeasterly from the northeastern line of Timberstone Subdivision, Section III, as set out on that certain plat entitled Final Subdivision Map for Timberstone Section III, by Urban Engineers, Inc., recorded at Plat Book 115, page 81, Official Deed Records of Fulton County, Georgia; thence following the meanderings of said Storm Drain Line southeasterly in said Land Lot 11 to the point where said Storm Drain Line intersects with the south line of said Land Lot 11; thence running east along said south line of said Land Lot 11 to the point at the intersection of Land Lots 11, 12, 35 and 36, aforesaid District and Section; thence running south along the east line of said Land Lot 12 to the point where said land lot line intersects with the southwest corner of Lauren Hall Subdivision, as set out on that certain plat entitled Final Plat of Lauren Hall Subdivision, by Watts & Browning Engineers, Inc., dated February 13, 1995, recorded at Plat Book 186, page 2, Official Deed Records of Fulton County, Georgia; thence running easterly along the south line of said Lauren Hall Subdivision following the courses and distances thereof to a point on the northwesterly right-of-way

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of Jones Bridge Road; thence running northeast along said northwesterly right-of-way of Jones Bridge Road to the point at which said right-of-way intersects the northeast right-of-way of Waters Road; thence leaving said right-of-way of Jones Bridge Road running northwest along said northeast right-of-way of Waters Road to a point at the northwesterly corner of that certain parcel of land (Fulton County tax id# 11018000580174, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated January 2, 1996, recorded in Deed Book 20494, page 331, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running northeasterly along the northerly property line of said parcel of land to a point at the northeast corner of said parcel of land, said point also constituting the northwesterly corner of that certain parcel of land (Fulton County tax id# 11018000581370, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated April 19, 2002, recorded in Deed Book 32301, page 65, Official Deed Records of Fulton County, Georgia; thence running northeasterly along the northerly property line of said parcel of land (Fulton County tax id# 11018000581370) to a point at the northeast corner of said parcel of land, said point being located on the southwesterly property line of that certain parcel of land (Fulton County tax id# 11018000570290, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated October 10, 2001, recorded in Deed Book 31201, page 149, Official Deed Records of Fulton County, Georgia; thence running northwesterly along said southwesterly property line to a point at the northwest corner of said parcel of land; thence running southeasterly along the northwesterly property line to a point at the northeast corner of said parcel of land, said point being located on the east land lot line of Land Lot 58, aforesaid District and Section; thence running north along the east line of Land Lots 58, 57, and 56, aforesaid District and Section, to a point at the intersection of Land Lots 55, 56, 77 and 78, aforesaid District and Section; thence running east along the north line of Land Lots 77 and 96, aforesaid District and Section, to a point at the intersection of Land Lots 95, 96, 115 and 116, aforesaid District and Section; thence running south along the east line of said Land Lot 96 to a point located at the northwesterly corner of that certain parcel of land (Fulton County tax id# 11028001150240, according to the parcel numbering system existing on January 1, 2006) described in that certain Executor's Deed, dated May 28, 2003, recorded in Deed Book 35203, page 391 Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running east along the north property line of said parcel of land (Fulton County tax id# 11028001150240), to a point on the westerly right-of-way of Buice Road; thence following said right-of-way northerly and westerly to the point where said right-of-way intersects the east line of Land Lot 94, aforesaid District and Section, said point being located on the east boundary of Ocee Park; thence leaving said right-of-way running south along said east line to a point at the intersection of Land Lots 94, 95, 116, and 117, aforesaid District and Section; thence running west along the south line of said Land Lot 94 to a point at the intersection of Land Lots 78, 79, 94 and 95, aforesaid District and Section; running thence north along the west line of said Land Lot 94 to a

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point at the intersection of Land Lots 79, 80, 93 and 94, aforesaid District and Section; thence running east along the north line of said Land Lot 94 to a point located at the southeast corner of that certain parcel of land (Fulton County tax id# 11027000930164, according to the parcel numbering system existing on January 1, 2006) the same being set forth on that certain plat entitled Final Plat for Donald Allen Fuqua, by BrumbelowReese & Assoc., Inc., dated November 10, 1983, recorded at Plat Book 133, page 16, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running northwesterly along the east property line of said parcel of land to a point on the southeast right-of-way of Kimball Bridge Road; thence running northeast along said right-of-way to the intersection of said right-of-way and the east right-of-way of Buice Road; thence leaving said right-of-way of Kimball Bridge Road running southeasterly along the east right-of-way of Buice Road, following the courses and distances thereof, to the point at the intersection of said right-of-way and the south line of Land Lot 116, aforesaid District and Section, said point being located at the southwest corner of the Pinewalk Subdivision, Unit One, as set forth on that certain plat entitled Final Plat Unit One Pinewalk Subdivision, by Engineering and Surveying, Inc., recorded at Plat Book 158, page 101, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way of Buice Road running east along the south line of Land Lots 116 and 133, aforesaid District and Section, along the south property line of said Pinewalk Subdivision to a point at the southeast corner of said subdivision; thence leaving said land lot line running north along the east property line of said Pinewalk Subdivision, Unit One, as shown on said plat, to a point at the northeast corner of said Pinewalk Subdivision; thence running west along the north line of said Pinewalk Subdivision, Unit One, as shown on said plat, to the point at which said property line intersects with the west land lot line of said Land Lot 133; thence running north along the west land lot line of Land Lot 133, 132 and 131, aforesaid District and Section to a point at the intersection of Land Lots 118, 119, 130 and 131, aforesaid District and Section; thence running west along the south line of said Land Lot 119, 100.31 feet to a point at the intersection of said land lot line and the a point immediately south of the southeast corner of The Pines at Kimball Bridge, Unit One, as set forth on that certain plat entitled Final Plat of: The Pines at Kimball Bridge, Unit One, by Hayes, James & Associates, recorded at Plat Book 140, page 33, Official Deed Records of Fulton County, Georgia; thence leaving said south land lot line running north to and along the east line of said subdivision continuing along said course across the right-of-way of Kimball Bridge Road to a point on the northwesterly right-of-way of Kimball Bridge Road; thence running northeasterly following said northwesterly right-of-way of Kimball Bridge Road to a point at the intersection of said right-of-way with the westerly right-of-way of Fox Road; thence running northerly along said westerly rightof-way of Fox Road to a point where said right-of-way intersects with the south line of Land Lot 196, aforesaid District and Section; thence leaving said right-of-way running east along the south line of Land Lots 196 and 232, aforesaid District and Section to a point at the intersection of said land lot line and the southeast corner of that certain Windward/Southpointe Development as set forth on that certain plat entitled Final Plat

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for Windward Properties, Inc. Being Pod 39, Blocks I, J &K, Windward/Southpointe, by Rochester Associates, Inc., recorded at Plat Book 159, page 130, Official Deed Records of Fulton County, Georgia; thence leaving said south land lot line running north along the east property line of said Windward/Southpointe Development to a point where said east property line intersects with the north line of Land Lot 232, aforesaid District and Section; thence running east along the north lines of Land Lots 232 and 233, aforesaid District and Section to the point at the intersection of said land lot line of Land Lot 233 and the northwest right-of-way of Jones Bridge Road; thence leaving said land lot line running northeast along said northwest right-of-way of Jones Bridge Road to the point where said right-of-way intersects the east line of Land Lot 1256, 2nd District, 1st Section, Fulton County, Georgia; running thence north along the east line of Land Lots 1256, 1231, 1190 and 1165, aforesaid District and Section, to the northerly point of Laurel Cove Subdivision Unit II on said east line of said Land Lot 1165 as set forth on that certain plat entitled Final Plat Laurel Cove Unit II, Douglas Road (Formerly Known as Huntington Trace Subdivision Unrecorded), by Patterson & Smith, Inc., dated October 2, 2001, last revised August 7, 2002, recorded at Plat Book 231, page 88, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running northwesterly along the northeasterly property line of said Unit II of said subdivision, following the courses and distances thereof, to the point where said property line intersects the easterly property line of Laurel Cove Subdivision, Unit I, as set forth on that certain plat entitled Final Plat Laurel Cove / Douglas Road, dated May 3, 2001, recorded at Plat Book 238, page 74, Official Deed Records of Fulton County, Georgia, thence continuing northerly, following the courses and distances of Unit I thereof, to the point at which said easterly property line of said Laurel Cove Subdivision, Unit I, intersects with the north land lot line of Land Lot 1165, aforesaid District and Section; thence running east along the north line of Land Lot 1165, aforesaid District and Section, to a point located at the intersection of Land Lots 1124, 1125, 1164 and 1165, aforesaid District and Section; thence leaving said land lot line running northwest, southwest and northwest along the easterly property line of the Calumet Subdivision as set forth on that certain plat entitled Final Plat of Calumet, by Watts & Browning Engineers, dated January 16, 1991, revised January 23, 1991, recorded at Plat Book 171, page 14, Official Deed Records of Fulton County, Georgia, to the point where said easterly property line intersects the southerly right-of-way of Old McGinnis Ferry Road; thence running westerly along the right-ofway of said Old McGinnis Ferry Road to the westerly point of said Calumet Subdivision adjacent to said right-of-way; thence leaving said right-of-way running southerly and easterly along the north property line of said Calumet Subdivision to the point where said north property line intersect the southeast corner of that certain parcel of land (Fulton County tax id# 21572011240102, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated April, 1982, recorded in Deed Book 8114, page 202 Official Deed Records of Fulton County, Georgia; thence leaving said north property line of Calumet Subdivision running north along the east property line of said parcel of land (Fulton County tax id#

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21572011240102) following the course thereof to a point on the line dividing Fulton County, Georgia and Forsyth County, Georgia; running thence southeasterly along said Fulton-Forsyth County line to the point where said line intersects the westerly county line of Gwinnett County and the Chattahoochee River, said point being the point of beginning. All references and points set out herein are as of January 1, 2006 unless otherwise stated.
APPENDIX B
If approved by the voters as described in Section 7.14 of this charter, the corporate limits of the City of Johns Creek shall include the following described territory of Fulton County except that the corporate limits of the City of Johns Creek shall not include any part of the following described territory which has been validly annexed to another city by an annexation completed before this Act is approved by the Governor or becomes law without such approval:
Commencing at the point where the line dividing Fulton County, Georgia and Gwinnett County, Georgia, as they existed on January 1, 2006, intersects the dividing line between Fulton County Voting Precincts NC11A and NC06, as they existed on January 1, 2006; thence leaving said Fulton-Gwinnett County line, running northwesterly along said dividing line between voting precincts to its intersection with Barnwell Road; thence following Barnwell Road northeasterly to the point where said right-of-way intersects with Jones Bridge Road; thence following Jones Bridge Road northerly to the point where said right-of-way intersects with Old Alabama Road; thence following the right-of-way of Old Alabama Road west to the point where said right-of-way intersects with the right-of-way of Brumbelow Road; thence following the right-of-way of Brumbelow Road south to the point where said right-of-way intersects with the south land lot line of Land Lot 924, 1st District, 2nd Section, Fulton County, Georgia, said point also being the southeastern corner of that certain parcel of land (Fulton County tax id# 12318008950488, according to the parcel numbering system existing on January 1, 2006) described in that certain Quit Claim Deed, dated May 5, 1997, recorded in Deed Book 22692, page 012, Official Deed Records of Fulton County, Georgia, said point further representing the southeasterly corner of Newtown Park; thence leaving said right-of-way running west along the south line of Land Lots 924 and 895, aforesaid District and Section, to a point at the intersection of Land Lots 894, 895, 869 and 870, aforesaid District and Section, said point also being the southwest corner of Newtown Park; thence running north along the west land lot line of Land Lot 895 to a point to its northernmost point adjacent to the eastern boundary of the Chartwell Subdivision, as set out on that certain plat entitled Final Subdivision Plat of Chartwell, Unit 1, Phase 1, by Travis Pruitt & Associates, Inc., recorded at Plat Book 188, page 49, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line following the eastern boundary of the Chartwell Subdivision northwest to Old Alabama Road; thence running along the right-of-way of Old Alabama Road to its intersection with the northeast corner of the Old Alabama Square Shopping Center as set out on that certain

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plat entitled Old Alabama Square, Exemption Plat, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 220, page 124, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running south and southwest along the east line of said shopping center parcel (said line also being set out on the aforementioned plat of Chartwell Subdivision) to a point at the southeast corner of said shopping center parcel; thence running west along the south line of said shopping center parcel to a point at the centerline of a creek, the same being located at the southwest corner of said shopping center parcel, said point also being located on the east property line of that certain parcel of land (Fulton County tax id# 12304008391576, according to the parcel numbering system existing on January 1, 2006) said parcel being described in that certain General Warranty Deed, dated June 24, 1999, recorded in Deed Book 27358, page 340, Official Deed Records of Fulton County, Georgia; thence running southerly following the meanderings of said creek along the east line of said parcel of land (Fulton County tax id# 12304008391576) to its intersection with the south land lot line of Land Lot 840, aforesaid District and Section; thence leaving the centerline of said creek running west along the south line of land lots 840 and 817 to its intersection with the easterly boundary of City of Roswell, Georgia, as it existed on January 1, 2006, at the right-of-way of Nesbit Ferry Road; thence running south along Nesbit Ferry Road, and said eastern boundary of the City of Roswell, Georgia, to a point in Land Lot 832, aforesaid District and Section, where said eastern boundary of the City of Roswell, Georgia leaves the right-of-way of Nesbit Ferry Road; thence continuing south along the right-of-way of Nesbit Ferry Road to the point where said eastern boundary of the City of Roswell, Georgia re-intersects said right-of-way; thence continuing south along said right-of-way of Nesbit Ferry Road and the eastern boundary of the City of Roswell, Georgia to the intersection of Nesbit Ferry Road and Holcomb Bridge Road; thence continuing south along the eastern boundary of the City of Roswell, Georgia, along the right-of-way of Holcomb Bridge Road, to its intersection with the right-of-way of Barnwell Road; thence leaving the right-of-way of Holcomb Bridge Road and said east boundary of the City of Roswell, Georgia, running northeast along the right-of-way of Barnwell Road to its most northerly point of intersection with that certain parcel of land (Fulton County tax id# 12323008840127, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated July 26, 1984, recorded in Deed Book 9245, page 10, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running east along the northerly property line of said parcel of land (Fulton County tax id# 12323008840127) to the northeast corner of said parcel of land, the same lying on said Fulton-Gwinnett County line; thence running northeasterly along said FultonGwinnett County line, following the meanderings of the Chattahoochee River to a point where said Fulton-Gwinnett County line intersects the dividing line between Fulton County Voting Precincts NC11A and NC06, said point being the point of beginning. All references and points set out herein are as of January 1, 2006 unless otherwise stated.

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APPENDIX C
CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Representative Mark Burkhalter, Georgia State Representative from the 50th District and the author of this bill introduced at the 2006 Session of the General Assembly of Georgia, which grants an original municipal charter to the City of Johns Creek do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified, this 1st day of March, 2006.
/s/ Mark Burkhalter Representative, 50th District Georgia House of Representatives
*HB 1351:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1351:
A BILL TO BE ENTITLED AN ACT
To provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Murray County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.

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(3) "Senior citizen" means a person who is at least 70 years of age on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Murray County school district who is a senior citizen is granted an exemption on that persons homestead from all Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Murray County giving the persons age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Murray County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Murray County school district ad valorem taxes for educational purposes except that homestead exemption granted pursuant to an Act approved May 17, 2004 (Ga. L. 2004, p. 4535). (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Murray County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Murray County. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the Act be approved which provides a homestead exemption from Murray County school district ad valorem taxes for educational purposes
( ) NO in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Murray County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitutes, the yeas were 45, nays 2, and the committee substitutes were adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas Y Fort Y Goggans

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 Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R E Thompson,C Y Thompson,S E Tolleson

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Y Golden Y Grant
Hamrick Y Harbison
Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the local bills, the yeas were 45, nays 2.

The bills on the Local Consent Calendar, except HB 1321 and HB 1351, having received the requisite constitutional majority, were passed.

HB 1321 and HB 1351, having received the requisite constitutional majority, were passed by substitute.

Senator Moody of the 56th asked unanimous consent that HB 1321 be immediately transmitted to the House.

The consent was granted, and HB 1321 was immediately transmitted.

SENATE RULES CALENDAR THURSDAY, MARCH 2, 2006 TWENTY-SIXTH LEGISLATIVE DAY

SB 520

Public Safety, Board of; authorize to provide badge/revolver to sworn officers; state patrol; change provisions (Amendment)(PS&HS-1st)

SB 532

United States Nuclear Regulatory Commission; enhance the protection of licensed facilities (Substitute)(PS&HS-24th)

HB 1032 Licenses to carry pistol or revolver; temporary renewal permit; provide for restrictions (PS&HS-46th) Lunsford-110th

SB 396

Crimes; person who is attacked has no duty to retreat; provide immunity from prosecution (Substitute)(JUDY-7th)

SB 77

Feticide; parental notification; define/eliminate terms; provide reports (Substitute)(H&HS-45th)

SB 123

Pharmacist; written objection; not required to prescribe drugs to induce abortion (Substitute)(H&HS-24th)

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SB 429

Abortions; access to certain medical equipment; perform certain medical procedures; penalty for violations (Substitute)(H&HS-50th)

SB 415

HERO; provide surviving spouses shall be eligible students (Substitute) (H ED-17th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Stephens of the 27th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

Senator Goggans of the 7th asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.

The following legislation was read the third time and put upon its passage:

SB 520. By Senators Johnson of the 1st, Kemp of the 46th, Douglas of the 17th and Hill of the 32nd:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and revolver to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Public Safety and Homeland Security Committee offered the following amendment:
Amend SB 520 by striking from line 3 of page 1 "revolver" and inserting in lieu thereof "duty weapon"

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By striking line 18 of page 1 and inserting in lieu thereof the following: revolver duty weapon issued by the department to such member officer, noncommissioned officer, or
On the adoption of the amendment, the yeas were 35, nays 0, and the committee amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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 E Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 520, having received the requisite constitutional majority, was passed as amended.

SB 532. By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. so as to enhance the protection of facilities licensed by the United States Nuclear Regulatory Commission; to provide for related matters; to provide for an

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effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 532:
A BILL TO BE ENTITLED AN ACT
To amend provisions of the Official Code of Georgia Annotated so as to enhance the protection of nuclear power facilities licensed by the United States Nuclear Regulatory Commission; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to authorize the use of certain weapons by nuclear security personnel or contract nuclear security personnel operating pursuant to a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency; to prohibit the possession or use of certain weapons on a federally licensed nuclear plant site; to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, so as to empower such nuclear security personnel to detain and use reasonable force against persons reasonably believed to present a danger to the nuclear plant site; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to expedite the processing and background checks of persons seeking employment in the field of nuclear security; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide an affirmative defense for such security personnel executing an approved nuclear security plan; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by striking "and" at the end of paragraph (3), substituting "; and" for the period at the end of paragraph (4), and inserting a new paragraph (5) in Code Section 16-11-124, relating to exemptions from the prohibition of the possession of certain dangerous firearms and weapons, to read as follows:
(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written

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agreement entered into with the local law enforcement agency having jurisdiction over the facility.
SECTION 2. Said chapter is further amended by inserting a new Code Section 16-11-127.2, immediately following Code Section 16-11-127.1, relating to carrying weapons within school safety zones, to read as follows:
16-11-127.2. (a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such persons control while on the premises of a nuclear power facility a firearm or weapon. Any person who violates this subsection shall be guilty of a misdemeanor. (b) Any person who violates subsection (a) of this Code section with the intent to do bodily harm on the premises of a nuclear power facility shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $10,000, by imprisonment for not less than two nor more than 20 years, or both. (c) This Code section shall not apply to a security officer authorized to carry dangerous weapons pursuant to Code Section 16-11-124 who is acting in connection with his or her official duties on the premises of a federally licensed nuclear power facility; nor shall this Code section apply to persons designated in paragraph (3), (4), (5), or (9) of subsection (c) of Code Section 16-11-127.1.
SECTION 3. Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, is amended by inserting a new subsection (f) in Code Section 17-4-20, relating to the authorization of arrests with and without warrants, and use of deadly force, to read as follows:
(f) A nuclear power facility security officer, including a contract security officer, employed by a federally licensed nuclear power facility or licensee thereof for the purpose of securing that facility shall have the authority to:
(1) Threaten or use force against another in defense of a federally licensed nuclear power facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23; (2) Search any person on the premises of the nuclear power facility or the properties adjacent to the facility pursuant to a written agreement entered into with the local enforcement agency having jurisdiction over the facility for the purpose of determining if such person possesses unauthorized weapons, explosives, or other similarly prohibited material; provided, however, that if such person objects to any search, he or she shall be detained as provided in paragraph (3) of this subsection or shall be required to immediately vacate the premises. Any person refusing to submit to a search and refusing to vacate the premises of a facility upon the request of a security officer as provided for in this Code section shall be guilty of a misdemeanor; and

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(3) In accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security, detain any person located on the premises of a nuclear power facility or on the properties adjacent thereto pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility, where there is reasonable suspicion to believe that such person poses a threat to the security of the nuclear power facility, regardless of whether such prohibited act occurred in the officers presence. In the event of such detention, the law enforcement agency having jurisdiction over the facility shall be immediately contacted. The detention shall not exceed the amount of time reasonably necessary to allow for law enforcement officers to arrive at the facility.
SECTION 4. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by inserting a new subsection (d.4) in Code Section 35-3-34, relating to the disclosure and dissemination of criminal records to private persons and businesses, to read as follows:
(d.4) The center shall place a high priority on inquiries from any nuclear power facility requesting a criminal history and shall respond to such requests as expeditiously as possible, but in no event shall a response be made more than two business days following receipt of the request.
SECTION 5. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by inserting a new Code Section 51-1-30.4 to read as follows:
51-1-30.4. Notwithstanding any other provision of law, an authorized security officer as provided for in Code Section 16-11-124 acting within the scope of his or her official duties on the premises of a federally licensed nuclear power facility or the properties adjacent to the facility pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility shall be entitled to immunity as provided in Code Section 51-11-9. Such officer and the officers employer or the owner, operator, or licensee of the facility where the officer is providing security services shall also be immune from liability for the officers good faith performance of his or her duties at such facility in accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency.
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 5 of this Act shall apply only with respect to causes of action arising on or after the effective date of this Act.

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SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance E Chapman Y Douglas N Fort Y Goggans Y Golden
Grant Y Hamrick Y Harbison Y Harp Y Heath
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
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 1.

SB 532, having received the requisite constitutional majority, was passed by substitute.

Senators Adelman of the 42nd and Miles of the 43rd introduced the doctor of the day Dr. Gulshan S. Harjee.
The Calendar was resumed.

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HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Seabaugh of the 28th.

Senators Rogers of the 21st and Wiles of the 37th offered the following amendment:

Amend HB 1032 by adding between lines 15 & 16 of page 3

"(6) Any person not lawfully present in the United States"

On the adoption of the amendment, the yeas were 41, nays 0, and the Rogers, Wiles amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance E Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

HB 1032, having received the requisite constitutional majority, was passed as amended.

SB 396. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead, Sr. of the 24th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for an immunity from prosecution; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 396:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for civil immunity; to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to defense to tort actions, so as to provide for civil immunity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, is amended by inserting immediately following Code Section 16-3-23 a new Code section to read as follows:
16-3-23.1. A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to

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stand his or her ground and use force as provided in said Code sections, including deadly force.
SECTION 2. Said article is further amended by striking in its entirety Code Section 16-3-24.2, relating to immunity from prosecution and exception, and inserting in lieu thereof the following:
16-3-24.2. A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless any deadly force used by in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title.

SECTION 3. Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to defense to tort actions, is amended by striking in its entirety Code Section 51-11-9, relating to immunity from civil liability for threat or use of force in defense of a habitation, and inserting in lieu thereof the following:
51-11-9.
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 7, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown E Bulloch N Butler

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith E Starr Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 40, nays 13.

SB 396, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator David Adelman District 42 303-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Special Judiciary Health and Human Services Judiciary Rules

The State Senate Atlanta, Georgia 30334

I had a voting equipment malfunction. My vote on SB 396 should be "no."

/s/ David Adelman District 42

At 11:15 a.m. the President announced that the Senate would stand in recess until 1:15 p.m.

At 1:15 p.m. the President called the Senate to order.

The Calendar was resumed.

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SB 77. By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 77:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to revise the definition of feticide; to prohibit the voluntary manslaughter of an unborn child; to prohibit assaults and batteries of unborn children under certain circumstances; to provide for punishment for persons convicted of such offenses; to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to remove the requirement that an unborn child be quick in the definition of feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, so as to remove the requirement that an unborn child be quick in the definition of feticide by vessel; to provide for definitions; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by adding at the end of Article 2, relating to assault and battery, new Code Sections 16-5-28 and 16-5-29 to read as follows:
16-5-28. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b) A person commits the offense of assault of an unborn child when such person,

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without legal justification, attempts to inflict violent injury to an unborn child who is subsequently born alive. (c) Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor. (d) The provisions of this Code section shall not apply to acts committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
16-5-29. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b) A person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child who is subsequently born alive. (c) A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor. (d) The provisions of this Code section shall not apply to acts committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
SECTION 2. Said chapter is further amended by striking Code Section 16-5-80, relating to feticide, and inserting in lieu thereof a new Code Section 16-5-80 to read as follows:
16-5-80. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (a)(b) A person commits the offense of feticide if he or she willfully kills and without legal justification causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn child. (b) (c) A person convicted of the offense of feticide shall be punished by imprisonment for life. (d) A person commits the offense of voluntary manslaughter of an unborn child when such person causes the death of an unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; provided, however, that, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as feticide. (e) A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one

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nor more than 20 years. (f) This Code section shall not apply to:
(1) Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; and (2) Acts committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
SECTION 3. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by striking Code Section 40-6-393.1, relating to feticide by vehicle, and inserting in lieu thereof a new Code Section 40-6-393.1 to read as follows:
40-6-393.1. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.
(a)(b)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the first degree as provided in subsection (a) or (c) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years. (b)(c)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3.
SECTION 4. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, is amended by striking Code Section 52-7-12.3, relating to feticide by vessel, and inserting in lieu thereof a new Code Section 52-7-12.3 to read as follows:
52-7-12.3. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.
(a)(b)(1) A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called

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'quick' by any injury to the mother of such child through the violation of subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. (b)(c)(1) A person commits the offense of feticide by vessel in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the second degree as provided in subsection (b) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-103.
SECTION 5. This Act shall become effective on July 1, 2006, and shall apply to all offenses committed on or after such date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 41st offered the following amendment #1:
Amend the Senate Health and Human Services Committee substitute to SB 77 (LC 21 8827S) by striking lines 16 through 25 on page 1 and lines 1 through 3 on page 2 and inserting in lieu thereof the following: the person, is amended by striking Code Section 16-5-20, relating to simple assault, and inserting in lieu thereof a new Code Section 16-5-20 and by adding at the end of Article 2, relating to assault and battery, a new Code Section 16-5-29 to read as follows:
16-5-20. (a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsections (c) through (f) (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or

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station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis. (e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education. (g) Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (h) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.
Senator Smith of the 52nd offered the following amendment #1a:
Amend Amendment #1 to the committee substitute (LC 21 8827S) to SB 77 by striking lines 3-5 of page 1 following the word "by" on line 3
and by striking the words "in lieu thereof" on page 1, line 6
and by striking lines 11-12 of page 2.
Senator Smith of the 52nd asked unanimous consent that his amendment #1a be withdrawn. The consent was granted, and the amendment was withdrawn.

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Senator Smith of the 52nd offered the following amendment #1b:

Amend Amendment #1 to the committee substitute (LC 21 8827S) to SB 77 by striking lines 3-5 of page 1 following the word "by"on line 3

and by striking the words "in lieu thereof" on page 1, line 6

On the adoption of the amendment, the yeas were 33, nays 14, and the Smith amendment #1b was adopted.

On the adoption of the amendment, the yeas were 48, nays 0, and the Henson amendment #1 was adopted as amended.

Senator Butler of the 55th offered the following amendment #2:

Amend the Senate Health and Human Services Committee substitute to SB 77 (LC 21 8827S) by inserting after "the person, is" on line 16 on page 1 the following: amended by striking subsection (b) of Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof new subsections (b), (j), and (k) to read as follows:
(b) Except as provided in subsections (c) through (i) (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
(j) Any person who commits the offense of aggravated assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (k) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.

Said chapter is further

SECTION 1A.

Senator Butler of the 55th offered the following amendment #2a to amendment #2 (AM 28 0678):

Amend SB 77 (LC 21 8827S) by adding following line 20 of page 1:

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Further amend by striking lines 4 through 14 of page 2 of the Senate Health & Human Services committee substitute to SB 77.
On the adoption of the amendment, the yeas were 6, nays 36, and the Butler amendment #2a was lost.
Senator Smith of the 52nd offered the following amendment #2b:
Amend Amendment #2 (AM 28 0678) to the committee substitute (LC 21 8827S) to SB 77 by striking lines 3 - 8 and inserting the following in lieu thereof
"and inserting the following after line 14 on page 2"
and renumbering or re-lettering accordingly
and by striking lines 19 and 20 of page 1.
On the adoption of the amendment, the yeas were 37, nays 11, and the Smith amendment #2b was adopted.
Senator Butler of the 55th asked unanimous consent that her amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.
Due to the withdrawal of the Butler amendment #2, the amendment #2b offered by Senator Smith of the 52nd to the Butler amendment #2 was moot.
Senator Tate of the 38th offered the following amendment #3:
Amend the Senate Health and Human Services Committee substitute to SB 77 (LC 21 8827S) by inserting after "the person, is" on line 16 on page 1 the following:
amended by striking Code Section 16-5-2, relating to voluntary manslaughter, and inserting in lieu thereof a new Code Section 16-5-2 to read as follows: 16-5-2. (a) A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder. (b) A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.

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(c) A person who commits the offense of voluntary manslaughter against a female who is pregnant at the time of the offense shall, upon conviction, be punished by imprisonment for not less than ten nor more than 20 years. (d) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.

Said chapter is further

SECTION 1A.

By striking lines 15 through 35 on page 2 and lines 1 through 8 on page 3 and redesignating Sections 3 through 6 as Sections 2 through 5, respectively.

Senator Tate of the 38th offered the following amendment #3a to amendment #3:

Amend the committee substitute to SB 77 by striking on line 16 of page 1 the following: "(d)".

Senator Tate of the 38th asked unanimous consent that her amendment #3a be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Smith of the 52nd offered the following amendment #3b:

Amend Amendment #3 (AM 28 0681) to the committee substitute (LC 21 8827S) to SB 77:

by striking on page 1 lines 3 - 15 and inserting in lieu thereof the following:

"by inserting on page 2 after line 19 the following"

and by striking page 1, lines 26 - 29

and by renumbering and re-lettering accordingly.

On the adoption of the amendment, the yeas were 38, nays 8, and the Smith amendment #3b was adopted.

Senator Tate of the 38th asked unanimous consent that her amendment #3 be withdrawn. The consent was granted, and the amendment was withdrawn.

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Due to the withdrawal of the Tate amendment #3, the amendment #3b offered by Senator Smith of the 52nd to the Tate amendment #3 was moot.
Senator Seay of the 34th offered the following amendment #4:
Amend the Senate Health and Human Services Committee substitute to SB 77 (LC 21 8827S) by striking lines 16 through 25 on page 1 and lines 1 through 3 on page 2 and inserting in lieu thereof the following: the person, is amended by striking subsection (b) of Code Section 16-5-20, relating to simple assault, and inserting in lieu thereof new subsections (b), (g), and (h) and by adding at the end of Article 2, relating to assault and battery, a new Code Section 16-5-29 to read as follows:
(b) Except as provided in subsections (c) through (f) (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (g) Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (h) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.
Senator Smith of the 52nd offered the following amendment #4a:
Amend Amendment #4 (AM 28 0679) to the committee substitute (LC 21 8827S) to SB 77 by striking page 1, lines 3-10 and by inserting in lieu thereof the following:
"by inserting on page 2 after line 14 the following"
and by renumbering and re-lettering accordingly.
On the adoption of the amendment, the yeas were 33, nays 12, and the Smith amendment #4a was adopted.
Senator Seay of the 34th offered the following amendment #4b to amendment #4:
Amend the committee substitute to SB 77 by striking on line 14 of page 1 the following:
"(h)"

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1329

On the adoption of the amendment, the yeas were 7, nays 37, and the Seay amendment #4b was lost.

Senator Seay of the 34th asked unanimous consent that her amendment #4 be withdrawn. The consent was granted, and the amendment was withdrawn.

Due to the withdrawal of the Seay amendment #4, the amendment #4a offered by Senator Smith of the 52nd to the Seay amendment #4 was moot.

Senator Smith of the 52nd offered the following amendment #5:

Amend the committee substitute (LC 21 8827S) to SB 77 by striking on page 3, line 2 the word "one" and insert in lieu thereof the word "ten".

Senator Smith of the 52nd asked unanimous consent that his amendment #5 be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 37, nays 9, and the committee substitute was adopted as amended.

Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.

The 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 E Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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N Harbison Y Harp Y Heath N Henson

Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 37, nays 15.

SB 77, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Steve Thompson District 33 121-F State Capitol Atlanta, GA 30334

Committees: Appropriations Banking and Financial Institutions Finance Transportation

The State Senate Atlanta, Georgia 30334

The Honorable Bob Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

Please place a note in the Journal concerning Final Passage of SB 77. Please reflect that while I was very active in the amendments process, I missed the vote on the final passage due to a meeting with the Domestic Violence Coalition.

Please let the record reflect that the Senator from the 33rd would have voted in the affirmative.

Sincerely,

/s/ Steve Thompson

Senator Shafer of the 48th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

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SB 123. By Senators Whitehead, Sr. of the 24th, Johnson of the 1st and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for an emergency contraceptive drug which purpose is to induce and effect an abortion; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 123:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the purpose of the drug is to terminate a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, is amended by striking such Code section and inserting in its place the following:
16-12-142. (a) Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed. (b) Any pharmacist who states in writing an objection to any abortion or all abortions

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on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is to terminate a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Miles of the 43rd, Butler of the 55th, Tate of the 38th, Seay of the 34th and Thomas of the 2nd offered the following amendment #1:

Amend the substitute (LC 33 1371S) to SB 123 by adding on page 1 line 25 after pregnancy "or induce or effect penile erections with such sexually enhancing drugs such as Viagra or other similar prescriptions."

On the adoption of the amendment, Senator Miles of the 43rd, called for the yeas and nays; the call was sustained, and the vote was as follows:

N Adelman N Balfour Y Brown E Bulloch Y Butler N Cagle N Carter N Chance Y Chapman N Douglas Y Fort Y Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

E Hill,Jack N Hill,Judson N Hooks N Hudgens N Johnson Y Jones N Kemp N Me V Bremen Y Miles Y Moody N Mullis N Pearson N Powell E Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman E Weber N Whitehead N Wiles N Williams Y Zamarripa

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On the adoption of the amendment, the yeas were 21, nays 31, and the Miles et al. amendment was lost.

On the adoption of the substitute, the yeas were 40, nays 4, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour
Brown E Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort
Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 35, nays 15.

SB 123, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Greg Goggans District 7 324-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Agriculture and Consumer Affairs Appropriations Finance Health and Human Services Transportation

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The State Senate Atlanta, Georgia 30334
To whom it may concern,
I was distracted with business and did not get to my voting machine in time to vote yes on SB 123.
/s/ Greg Goggans
SB 429. By Senators Schaefer of the 50th, Williams of the 19th, Balfour of the 9th, Rogers of the 21st, Smith of the 52nd and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require facilities where abortions are performed and facilities of physicians who refer for abortions to have or have access to certain medical equipment; to require such facilities to perform certain procedures prior to performing an abortion; to provide for certain forms; to provide a penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 429:
A BILL TO BE ENTITLED AN ACT
To amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require facilities where abortions are performed to have or have access to certain medical equipment; to require such facilities to perform certain procedures prior to performing an abortion; to provide for certain forms; to provide a penalty for violations; 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 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, is amended by adding a new Code Section 16-12-141.2 to read as follows:
16-12-141.2. (a) All facilities in which abortions are performed shall have functional ultrasound or sonogram equipment on site or shall have access to such equipment through other facilities. (b) An ultrasound or sonogram examination of each unborn child shall be performed

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prior to an abortion being performed. Such examination may be performed on site or by referral to another facility for the performance of such examination. (c) As a part of the informed consent to the abortion procedure, a pregnant female desiring an abortion shall be offered an opportunity to view the ultrasound or sonogram image of her unborn child. (d) The Department of Human Resources shall develop and distribute a form by which physicians who perform abortions may verify that the pregnant female was offered an opportunity to view the ultrasound or sonogram image of her unborn child prior to the abortion being performed. (e) It shall be illegal to fail intentionally or to refuse to offer a pregnant female desiring an abortion an opportunity to view the ultrasound or sonogram image of her unborn child prior to performing an abortion. Violation of this Code section shall be punished as for a misdemeanor. (f) An ultrasound or sonogram examination shall not be required pursuant to this Code section where a pregnancy is the result of rape or incest.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 24, nays 8, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown E Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles

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Y Harp Y Heath N Henson

Y Seabaugh N Seay Y Shafer,D

Y Williams N Zamarripa

On the passage of the bill, the yeas were 35, nays 17.

SB 429, having received the requisite constitutional majority, was passed by substitute.

SB 415. By Senators Douglas of the 17th, Seabaugh of the 28th, Grant of the 25th, Schaefer of the 50th, Williams of the 19th and others:

A BILL to be entitled an Act to amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Higher Education Committee offered the following substitute to SB 415:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide that a person evacuated from a combat zone due to severe injuries shall be deemed to have completed a qualifying term of service; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by striking paragraphs (2) and (5) and inserting in their places, respectively, the following:
(2) 'Eligible student' means a person who:
(A)(i) Is enrolled as a full-time or part-time student in an approved school; (ii) Meets residency requirements to be classified as a legal resident of Georgia as established pursuant to regulations of the authority and who remains a citizen of the state while receiving funds under this subpart; and (iii) Is a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the

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United States, which member has completed at least one qualifying term of service; or (B) Is a child: (i) Whose parent was a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, including a deceased member, which member completed at least one qualifying term of service; (ii) Who was born prior to such qualifying term of service or within nine months of the beginning of such qualifying term of service; and (iii) Is 25 years of age or younger who is enrolled as a full-time or part-time student in an approved school.; or (C) Is a surviving spouse of a deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or of a deceased member of a reserve component of the armed forces of the United States, which member completed at least one qualifying term of service.
(5) 'Qualifying term of service' means deployment overseas for active service on or
after the effective date of this subpart to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone for a consecutive period of at least 181 days or, in the case of an individual who is killed or receives a 100 percent disability as a result of injuries received in such combat zone, any period of time on active service in such combat zone; provided, however, that any person who fails to serve the full 181 consecutive days because he or she was evacuated from the combat zone due to severe injuries shall be deemed to have completed a qualifying term of service.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver Y Tate

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Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden
Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 415, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

Senator Johnny Grant District 25 321-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: State Institutions and Property Appropriations Health and Human Services State and Local Governmental Operations

The State Senate Atlanta, Georgia 30334

Please add a yes vote for me on SB 415.

Thank you,

/s/ Johnny Grant

Senator Jack Hill District 4 234 State Capitol Atlanta, GA 30334

Committees: Appropriations Education and Youth Ethics Natural Resources and the Environment Regulated Industries and Utilities Rules

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The State Senate Atlanta, Georgia 30334
Mr. Secretary,
I was absent for part of the day today March 2 and would like to be recorded as voting "Aye" on the following bills on the Calendar today.
SB 520, SB 532, HB 1032 as amended, SB 396, SB 77, SB 123 and SB 429.
Thank you,
/s/ Jack Hill 4th District
Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 1061 until 10:00 a.m. Monday, March 6, 2006; the motion prevailed, and at 3:23 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, March 6, 2006
Twenty-seventh Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 801.

By Representatives McCall of the 30th, Richardson of the 19th and Tumlin of the 38th:

A BILL to be entitled an Act to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, so as to eliminate a requirement for consultation with appropriate licensed practitioners of the healing arts; to repeal conflicting laws; and for other purposes.

HB 847.

By Representatives Butler of the 18th, Oliver of the 83rd and Smith of the 70th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to establish the conditions for minors to become emancipated by law; to provide for definitions; to provide for the rights and duties of parents; to provide for court proceedings for emancipation; to provide for powers of the court relative to an emancipation proceeding; to provide for rescission and the effect of rescission on obligations, rights, or interests; to provide for

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HB 935.

the rights and responsibilities of an emancipated minor; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Burmeister of the 119th, Ehrhart of the 36th, Hembree of the 67th, Henson of the 87th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," so as to provide for an advanced practice registered nurse to execute drug orders and to provide professional samples; to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to delegation of authority to a nurse or physicians assistant, so as to provide for prescriptive authority of advanced practice registered nurses; to delete a provision relating to a Drug Enforcement Administration license; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1014. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Jones of the 44th, Golick of the 34th, Manning of the 32nd 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 sales and use tax, so as to extend the automatic repeal date for an exemption for overhead materials of a government contractor; to delete obsolete language; to repeal conflicting laws; and for other purposes.

HB 1018. By Representatives Lewis of the 15th, O`Neal of the 146th, Greene of the 149th, Royal of the 171st, Hanner of the 148th 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 sales and use tax, so as to provide for an exemption regarding the sale or use of biomass material utilized in the production of electrical power or the coproduction or cogeneration of electrical and steam power which is subsequently sold; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1105. By Representatives Dodson of the 75th, Tumlin of the 38th, Manning of the 32nd and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the documentation of full-time engagement in the performance of a contracting business; to provide a fine and penalties for the unauthorized use of a license number of a conditioned air contractor; to provide for the issuance of certificates of authorization; to provide that a contract of an unlicensed contractor is unenforceable; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1162. By Representatives Fleming of the 117th, Ralston of the 7th, Everson of the 106th, Knox of the 24th and Setzler of the 35th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1187. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Holmes of the 61st, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to change certain provisions regarding selection of the chairperson of the board of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1253. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for reinstatement of a minors license upon proof of graduation from high school; to provide that social security numbers shall not be used on drivers licenses; to provide for a suspension for violation of restrictions on a drivers license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a drivers license; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a drivers license suspension; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.
HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1275. By Representatives Smith of the 129th, Floyd of the 147th, Rynders of the 152nd, Graves of the 12th and Channell of the 116th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the revocation of a commercial drivers license upon violation of Code Sections 16-8-2 through 16-8-9; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1288. By Representatives Ralston of the 7th, Fleming of the 117th, Hatfield of the 177th, Cox of the 102nd and Everson of the 106th:
A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to

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provide for required training of municipal court clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1308. By Representative Brown of the 69th:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia, relating to the care and protection of indigent and elderly patients, so as to change certain provisions relating to the maximum amount of aggregate nursing home provider fees which must be paid; to change certain provisions relating to the assessment, calculation, and payment of quality assessment fees on care management organizations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1310. By Representatives O`Neal of the 146th, Knight of the 126th, Cole of the 125th, Smith of the 131st and Mosby of the 90th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to change certain provisions relating to confidential information; to change certain provisions regarding forms of payment; to change certain provisions regarding extension of time for certain returns; to change certain provisions regarding sales and use tax return allowances; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 1319. By Representatives Smith of the 70th, Knight of the 126th, Golick of the 34th, Rogers of the 26th and McCall of the 30th:
A BILL to be entitled an Act to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions relative to said article; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to loans to local governments and repayment thereof; to change certain provisions relating to lease agreements; to change certain provisions relating to review of contracts and agreements with local governments by the Environmental Protection Division of the Department of Natural Resources; to repeal certain provisions relating to transfer of employees of the former Office of Energy Resources; to change certain provisions relating to transfer of

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assets, funds, property, contracts, programs, obligations, and interests of the former Office of Energy Resources; to repeal conflicting laws; and for other purposes.
HB 1326. By Representatives Coan of the 101st, Williams of the 4th, Butler of the 18th, Carter of the 159th, Cox of the 102nd and others:
A BILL to be entitled an Act to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, so as to change certain provisions regarding adjustment in contribution rates; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1358. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Jones of the 46th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," so as to change certain provisions relating to maximum class size requirements; to provide for legislative intent; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1449. 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 change certain provisions regarding the compensation of the members of such board; to provide for the specific repeal of an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969); to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1450. By Representative Bridges of the 10th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Demorest ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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.

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HB 1457. By Representatives Cox of the 102nd, Casas of the 103rd, Everson of the 106th, Rice of the 51st, Floyd of the 99th and others:

A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the terms of court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1469. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.Dec. Sess., p. 3039), as amended, so as to authorize the mayor and aldermen to impose a gross receipts tax; 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 1321. By Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th and Jones of the 46th:

A BILL to be entitled an Act to incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to repeal conflicting laws; and for other purposes.

The House has adopted the report of the Committee of Conference on the following Bill of the House:

HB 246.

By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:

A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled

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substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has passed by the requisite constitutional majority the following Bill of the Senate:

SB 468.

By Senators Moody of the 56th, Carter of the 13th, Douglas of the 17th, Grant of the 25th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for the establishment of a grant program for High Performance Principals to attract successful principals to schools in need of improvement; to provide for legislative findings; to provide for a definition; to provide for rules and regulations; to provide for one-year salary supplements; to provide for reports; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 638. By Senators Chance of the 16th, Douglas of the 17th, Stephens of the 27th and Carter of the 13th:

A BILL to be entitled an Act to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the clerk of the superior court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Special Judiciary Committee.

SB 639. By Senators Whitehead, Sr. of the 24th, Thomas of the 54th and Goggans of the 7th:

A BILL to be entitled an Act to amend Code Section 34-9-205 of the Official Code of Georgia Annotated, relating to the promulgation of a workers compensation fee schedule, so as to require the promulgation of standards for the exemption of medical providers from the workers compensation fee

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schedule; to require that certain kinds of medical servicees shall not be subject to any fee schedule but shall be limited by usual, customary, and reasonable charge levels; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 640. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the denial, suspension, and revocation of a license for frequent or multiple violations of the federal Immigration Reform and Control Act of 1986; to provide for a short title; to provide for definitions; to provide for certain penalties for violations; to provide for a certain presumption; to require participation in a certain federal program as a condition for certain contracts or grants; to provide for construction; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 641. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, so as to require that persons convicted of certain sexual offenses shall not be permitted to use the Internet while on probation or parole unless such Internet usage is monitored by the supervising agency; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 642. By Senators Cagle of the 49th, Rogers of the 21st, Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to establish the position of immigration enforcement director within the Office of Homeland Security; to provide for the appointment and duties of such director; to provide for staff; to provide for the distribution of certain information; to provide for

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the promulgation of certain rules and regulations; to provide for certain reports; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 643. By Senators Grant of the 25th, Whitehead, Sr. of the 24th, Mullis of the 53rd and Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 42-8-101 of the Official Code of Georgia Annotated, relating to the County and Municipal Probation Advisory Council, so as to change the assignment of the council for administrative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SB 644. By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to provide for the compensation of the members and chairperson of the board of education of Madison County; to provide for procedures relative to such increase in compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 645. By Senators Cagle of the 49th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for the prequalification and licensing of individuals and companies to conduct or design hazardous site investigations, site assessments, feasibility studies, remedial programs, and corrective action plans and to carry out cleanup of hazardous sites; to define such persons as licensed environmental professionals and provide for their qualifications, licensure, and regulation; to define terms; to state findings and intent; to provide for a licensing and regulatory board and its membership, powers, duties, and operations; to provide for related functions and operations of the Department of Natural Resources and its Environmental Protection Division; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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SB 646. By Senators Cagle of the 49th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the O.C.G.A., relating to waste management, so as to change provisions relating to rehabilitation of brownfields property; to enact the "Georgia Brownfields Rescue, Redevelopment, Community Revitalization, and Environmental Justice Act"; to state legislative findings; to define terms; to encourage the voluntary rehabilitation of property with a presence or suspected presence of hazardous substances, pollutants, or contaminants; to authorize the limitation of liability of persons carrying out such rehabilitation under certain conditions and compliance with program standards; to provide for a Brownfields Program Section within the Environmental Protection Division of the Department of Natural Resources; to provide for other related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 647. By Senators Thomas of the 54th, Goggans of the 7th, Moody of the 56th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the 'Quality Basic Education Act,' so as to require that students in kindergarten through grade 12 participate in physical activity, health instruction, or a combination of both, for a minimum of 15 minutes each day; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 648. By Senators Cagle of the 49th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide that the Department of Community Health shall establish a comprehensive program to monitor for and detect the provision of medical assistance benefits to ineligible individuals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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SB 649. By Senators Staton of the 18th, Hudgens of the 47th, Shafer of the 48th, Chapman of the 3rd and Harp of the 29th:
A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to provide that the term "insured" in motor vehicle liability policies includes officers, agents, and employees while performing their duties and while in the scope of their employment; to provide that such policies containing uninsured motorist coverage shall be subject to stacking or aggregating in the same manner as for policies issued to natural persons; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 650. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to revise a definition; to extend the date by which persons must apply to be licensed without examination; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 651. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-7-5 of the Official Code of Georgia Annotated, relating to authority to regulate time periods and to establish zones of use for off-road vehicles, so as to provide that off-road vehicles driven or ridden legally on private property for sport or for training purposes shall not cause such private property to be subject to local ordinances regarding noise control, noise pollution, or noise abatement except under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 652. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, so as to revise the districts

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for the election of members of the city council; to provide for definitions and inclusions; to provide for manner 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 repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 653. By Senator Reed of the 35th and Brown of the 26th:
A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide a short title; to provide legislative findings; to define certain terms; to provide that no person shall be employed in this state unless he or she provides proper identification; to provide that it shall be unlawful for an employer to employ any person unless he or she provides proper identification; to provide for records; to provide for penalties; to provide for an Unlawful Employment Practices Division of the Georgia Bureau of Investigation; to provide for operations and investigations; to provide for public records; to provide for protection for persons making certain disclosures; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 654. By Senator Reed of the 35th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to privilege, so as to provide that persons engaged in gathering or dissemination of news shall have a qualified privilege from disclosing certain information; to provide for exceptions, to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 655. By Senator Hill of the 32nd:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to prohibit the Office of Treasury and Fiscal Services from making certain deposits in certain financial institutions unless the financial institution has certified that it does not have any direct loans or knowledge of any indirect loans to certain entities connected with the Republic of Sudan; to define a certain term; to provide that a state agency may not

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procure certain supplies that are produced or manufactured in the Republic of Sudan; to require any bidder or offeror for any procurement over a certain amount to certify that such bidder or offeror is not doing business with or in the Republic of Sudan; to require the state to provide notice of certain requirements regarding doing business with or in the Republic of Sudan; to impose certain penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SR 1077. By Senators Jones of the 10th and Seabaugh of the 28th:
A RESOLUTION creating the Senate Study Committee on the Licensure of Personal Fitness Trainers; and for other purposes.
Referred to the Rules Committee.

SR 1078. By Senators Tarver of the 22nd and Mullis of the 53rd:
A RESOLUTION creating the Joint Business Incentive Study Committee; and for other purposes.
Referred to the Rules Committee.

SR 1081. By Senators Seabaugh of the 28th, Balfour of the 9th, Hill of the 32nd, Shafer of the 48th and Goggans of the 7th:
A RESOLUTION creating the Georgia Broadband Education Task Force; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SR 1082. By Senators Miles of the 43rd, Brown of the 26th, Pearson of the 51st, Shafer of the 48th, Thomas of the 2nd and others:
A RESOLUTION dedicating the Coretta Scott King Memorial Park on the Oconee River near Irwinton; and for other purposes.
Referred to the State Institutions and Property Committee.

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SR 1085. By Senator Cagle of the 49th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a retirement income exclusion of $50,000.00 for taxpayers 62 years of age or older and a complete income exclusion for taxpayers 65 years of age or older; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.
SR 1087. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th and others:
A RESOLUTION creating the Joint Comprehensive Medical Education Study Committee; and for other purposes.
Referred to the Rules Committee.
SR 1089. By Senators Zamarripa of the 36th, Brown of the 26th, Mullis of the 53rd, Fort of the 39th, Rogers of the 21st and others:
A RESOLUTION creating the Senate Civil Rights Commission and Civil Rights Trail Study Committee; and for other purposes.
Referred to the Rules Committee.
SR 1090. By Senators Zamarripa of the 36th, Brown of the 26th, Mullis of the 53rd, Fort of the 39th, Rogers of the 21st and others:
A RESOLUTION creating the Civil Rights Commission; to provide for creation, composition, membership, terms of office, officers, and expense allowance of the commission; to provide for powers and duties of the commission; to provide for designation of civil rights movement historic sites as the Civil Rights Trail of Georgia; to provide for interpretation of historic sites under certain conditions; to provide for assignment of the commission to the Department of Economic Development for administration purposes only; to provide for the Department of Economic Development furnish certain personnel to assist the commission; to provide for an annual report of the commissions activities; to provide for other matters relative to the commission; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.

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SR 1091. By Senators Seabaugh of the 28th, Cagle of the 49th, Pearson of the 51st, Rogers of the 21st, Wiles of the 37th and others:
A RESOLUTION creating the Senate Study Committee on Limited Taxation; and for other purposes.
Referred to the Rules Committee.

SR 1092. By Senator Cagle of the 49th:
A RESOLUTION creating the Senate Homeland Security Community Partnerships Study Committee; and for other purposes.
Referred to the Rules Committee.

SR 1093. By Senator Grant of the 25th:
A RESOLUTION celebrating the life of Durward D. (Red) Murphy and dedicating the Durward D. (Red) Murphy Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.

SR 1094. By Senator Grant of the 25th:
A RESOLUTION celebrating the life of Charles S. (Buddy) Cowan, Jr., and dedicating the Charles S. (Buddy) Cowan, Jr. Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.
SR 1095. By Senator Stoner of the 6th:
A RESOLUTION creating the Joint State Employee Turnover and Staffing Ratios Study Committee; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:

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HB 801. By Representatives McCall of the 30th, Richardson of the 19th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, so as to eliminate a requirement for consultation with appropriate licensed practitioners of the healing arts; to repeal conflicting laws; and for other purposes.

Referred to the Health and Human Services Committee.

HB 847. By Representatives Butler of the 18th, Oliver of the 83rd and Smith of the 70th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to establish the conditions for minors to become emancipated by law; to provide for definitions; to provide for the rights and duties of parents; to provide for court proceedings for emancipation; to provide for powers of the court relative to an emancipation proceeding; to provide for rescission and the effect of rescission on obligations, rights, or interests; to provide for the rights and responsibilities of an emancipated minor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 935. By Representatives Burmeister of the 119th, Ehrhart of the 36th, Hembree of the 67th, Henson of the 87th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," so as to provide for an advanced practice registered nurse to execute drug orders and to provide professional samples; to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to delegation of authority to a nurse or physicians assistant, so as to provide for prescriptive authority of advanced practice registered nurses; to delete a provision relating to a Drug

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Enforcement Administration license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 1014. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Jones of the 44th, Golick of the 34th, Manning of the 32nd 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 sales and use tax, so as to extend the automatic repeal date for an exemption for overhead materials of a government contractor; to delete obsolete language; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1018. By Representatives Lewis of the 15th, O`Neal of the 146th, Greene of the 149th, Royal of the 171st, Hanner of the 148th 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 sales and use tax, so as to provide for an exemption regarding the sale or use of biomass material utilized in the production of electrical power or the coproduction or cogeneration of electrical and steam power which is subsequently sold; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1105. By Representatives Dodson of the 75th, Tumlin of the 38th, Manning of the 32nd and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the documentation of full-time engagement in the performance of a contracting business; to provide a fine and penalties for the unauthorized use of a license number of a conditioned air contractor; to provide for the issuance of certificates of authorization; to provide that a contract of an unlicensed contractor is unenforceable; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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HB 1162. By Representatives Fleming of the 117th, Ralston of the 7th, Everson of the 106th, Knox of the 24th and Setzler of the 35th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 1187. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Holmes of the 61st, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to change certain provisions regarding selection of the chairperson of the board of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1253. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for reinstatement of a minors license upon proof of graduation from high school; to provide that social security numbers shall not be used on drivers licenses; to provide for a suspension for violation of restrictions on a drivers license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a drivers license; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a drivers license suspension; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road,

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so as to clarify the penalty for racing on a highway; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 1275. By Representatives Smith of the 129th, Floyd of the 147th, Rynders of the 152nd, Graves of the 12th and Channell of the 116th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the revocation of a commercial drivers license upon violation of Code Sections 16-8-2 through 16-8-9; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

HB 1288. By Representatives Ralston of the 7th, Fleming of the 117th, Hatfield of the 177th, Cox of the 102nd and Everson of the 106th:
A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide for required training of municipal court clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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HB 1308. By Representative Brown of the 69th:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia, relating to the care and protection of indigent and elderly patients, so as to change certain provisions relating to the maximum amount of aggregate nursing home provider fees which must be paid; to change certain provisions relating to the assessment, calculation, and payment of quality assessment fees on care management organizations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 1310. By Representatives O`Neal of the 146th, Knight of the 126th, Cole of the 125th, Smith of the 131st and Mosby of the 90th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to change certain provisions relating to confidential information; to change certain provisions regarding forms of payment; to change certain provisions regarding extension of time for certain returns; to change certain provisions regarding sales and use tax return allowances; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1319. By Representatives Smith of the 70th, Knight of the 126th, Golick of the 34th, Rogers of the 26th and McCall of the 30th:
A BILL to be entitled an Act to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions relative to said article; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to loans to local governments and repayment thereof; to change certain provisions relating to lease agreements; to change certain provisions relating to review of contracts and agreements with local governments by the Environmental Protection Division of the Department of Natural Resources; to repeal certain provisions relating to transfer of employees of the former Office of Energy Resources; to change certain provisions relating to transfer of assets, funds, property, contracts, programs,

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obligations, and interests of the former Office of Energy Resources; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 1326. By Representatives Coan of the 101st, Williams of the 4th, Butler of the 18th, Carter of the 159th, Cox of the 102nd and others:
A BILL to be entitled an Act to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, so as to change certain provisions regarding adjustment in contribution rates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 1358. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Jones of the 46th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," so as to change certain provisions relating to maximum class size requirements; to provide for legislative intent; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

HB 1449. 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 change certain provisions regarding the compensation of the members of such board; to provide for the specific repeal of an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969); to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1450. By Representative Bridges of the 10th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Demorest ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1457. By Representatives Cox of the 102nd, Casas of the 103rd, Everson of the 106th, Rice of the 51st, Floyd of the 99th and others:
A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the terms of court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1469. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to authorize the mayor and aldermen to impose a gross receipts tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

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Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 78 SB 603 SB 607

Do Pass by substitute Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Thomas of the 54th District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 306 Do Pass by substitute SB 420 Do Pass by substitute

SB 555 Do Pass SR 1040 Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 392 SB 550 SR 838

Do Pass by substitute Do Pass by substitute Do Pass

Respectfully submitted, Senator Tolleson of the 20th District, Chairman

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Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 495 SB 570 SB 606

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Kemp of the 46th 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 251 HB 644 HB 749

Do Pass by substitute Do Pass Do Pass

HB 1151 Do Pass SB 177 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:

Pursuant to Senate Rule 2-1.10(b) the Senate Rules Committee ordered the following legislation recommitted to the Senate Transportation Committee:

HB 1106

HB 1190

Respectfully submitted, Senator Balfour of the 9th District, Chairman

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Mr. President:

The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 596 Do Pass by substitute

Respectfully submitted, Senator Shafer of the 48th District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 733 HB 817 HB 1003 HB 1077 HB 1117 HB 1118 HB 1119 HB 1122 HB 1132 HB 1271 HB 1289 HB 1345 HB 1346

Do Pass by substitute Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1347 HB 1354 SB 278 SB 299 SB 362 SB 387 SB 552 SB 553 SB 608 SB 609 SB 615 SB 616

Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 594 HB 912 HB 1213

SB 380 SB 414 SB 503

SB 506 SB 573

SB 592 SR 682

SR 769 SR 793

SR 954 SR 955

Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

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Senator Golden of the 8th 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 Golden of the 8th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted and Senator Thompson was excused.

Senator Henson of the 41st asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Seabaugh of the 28th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Douglas Fort Golden Grant Hamrick Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Jones Kemp Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay

Shafer,D Smith Starr Staton Stephens Stoner Tarver Thomas,D Thomas,R Thompson,C Tolleson Unterman Weber Whitehead Wiles Williams

Not answering were Senators:

Chapman Johnson (Excused) Thompson, S (Excused)

Goggans (Excused)

Harbison (Excused)

Meyer von Bremen (Excused) Tate

Zamarripa (Excused)

The members pledged allegiance to the flag.

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Senator Powell of the 23rd introduced the chaplain of the day, Dr. Gordon Robinson of Augusta, Georgia, who offered scripture reading and prayer.
Senator Miles of the 43rd recognized members of Delta Sigma Theta, Inc.
The following resolutions were read and adopted:
SR 1079. By Senators Seabaugh of the 28th, Hamrick of the 30th and Grant of the 25th:
A RESOLUTION offering condolences to the family of Eddie Lowe; and for other purposes.
SR 1080. By Senators Henson of the 41st, Tate of the 38th, Goggans of the 7th and Butler of the 55th:
A RESOLUTION recognizing Dr. Lynda D. Woodruff Appreciation Day; and for other purposes.
SR 1083. By Senator Goggans of the 7th:
A RESOLUTION honoring the lifetime of achievement of Derward F. Buchan; and for other purposes.
SR 1084. By Senators Henson of the 41st, Goggans of the 7th, Miles of the 43rd and Tolleson of the 20th:
A RESOLUTION commending Check It Today organization and recognizing September as "Prostate Awareness Month" and encouraging all Georgians to learn about prostate cancer; and for other purposes.
SR 1086. By Senator Goggans of the 7th:
A RESOLUTION commemorating the achievements of the 848th Engineer Company and Company C of the 648th Engineer Battalion of the Georgia Army National Guard; and for other purposes.
SR 1088. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th and others:
A RESOLUTION recognizing November as "Lung Cancer Awareness Month" and encouraging all Georgians to support the goals of the Lung Cancer Alliance of Georgia; and for other purposes.

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Senator Seay of the 34th introduced Ms. Myrna May White, commended by SR 854, adopted previously.
Senator Harp of the 29th asked unanimous consent to suspend Senate Rule 3-1.2(a) in order to first read and refer SR 1104.
The consent was granted.
The following Senate legislation was introduced, read the first time and referred to committee:
SR 1104. By Senators Harp of the 29th and Tolleson of the 20th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize an exemption from the covenant requirement for bona fide conservation use property as to stream buffer areas for purposes of current use assessment for ad valorem taxation; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.
Senator Shafer of the 48th asked unanimous consent that the following bill be recommitted to the Senate Science and Technology Committee:
SB 596. By Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the 46th, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to prohibit human cloning; to provide for civil and criminal penalties; to provide for related matters; to amend Article 3 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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The consent was granted, and SB 596 was recommitted to the Senate Science and Technology Committee.

Senator Whitehead of the 24th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted and Senator Shafer was excused.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Monday, March 6, 2006 Twenty-seventh Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 278

Douglas of the 17th Jones of the 10th Starr of the 44th HENRY COUNTY

A BILL to be entitled an Act to provide for the Henry County Board of Elections and Registration; to provide for the board as a successor to the boards created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to terminate the former board of elections and board of registrars; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

SB 299

Goggans of the 7th CITY OF PATTERSON IN PIERCE COUNTY
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and

1370 SB 362
SB 552

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council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Douglas of the 17th CITY OF SOCIAL CIRCLE IN NEWTON COUNTY
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.
Reed of the 35th Hill of the 32nd Shafer of the 48th Adelman of the 42nd Moody of the 56th Tate of the 38th Fort of the 39th Zamarripa of the 36th CITY OF SOUTH FULTON IN FULTON COUNTY
A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes.

SB 553 SB 608

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Reed of the 35th Hill of the 32nd Shafer of the 48th Adelman of the 42nd Moody of the 56th Tate of the 38th Fort of the 39th Zamarripa of the 36th CITY OF CHATTAHOOCHEE HILL COUNTRY IN FULTON COUNTY
A BILL to be entitled an Act to incorporate the City of Chattahoochee Hill Country in Fulton County; to provide for a charter for the City of Chattahoochee Hill Country; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes.

Douglas of the 17th Hudgens of the 47th CITY OF SOCIAL CIRCLE IN WALTON COUNTY
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Social Circle in the County of Walton, approved May 5, 2005 (Ga. L. 2005, p. 3627); to provide for corrections; to provide for an oath, rules, and procedures; to provide for rules and regulations; to provide for taxation, licenses, and fees; to repeal conflicting laws; and for other purposes.

1372 SB 609
SB 616 HB 733

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Douglas of the 17th Jones of the 10th Starr of the 44th CITY OF HAMPTON IN HENRY COUNTY
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Hampton in Henry 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 an effective date; to repeal conflicting laws; and for other purposes.
Wiles of the 37th Thompson of the 33rd Hill of the 32nd Rogers of the 21st Stoner of the 6th COBB JUDICIAL CIRCUIT
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to repeal conflicting laws; to provide an effective date; and for other purposes.
Smith of the 52nd Heath of the 31st BARTOW COUNTY
A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

HB 817 HB 1003
HB 1077 HB 1118

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Powell of the 23rd SCREVEN COUNTY
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.
Staton of the 18th Tolleson of the 20th Brown of the 26th HOUSTON COUNTY
A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for the filling of vacancies; to provide for the submission of this Act to the United States Department of Justice; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Schaefer of the 50th RABUN COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Rabun County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Hooks of the 14th Staton of the 18th CRAWFORD COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Crawford County shall be nonpartisan elections; to provide for submission of this Act under the federal

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Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Hooks of the 14th Staton of the 18th CRAWFORD COUNTY
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Crawford 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.
Mullis of the 53rd Thomas of the 54th CATOOSA COUNTY
A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Schaefer of the 50th RABUN COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Rabun County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for the submission of this Act for

HB 1289
HB 1345 HB 1346

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approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

Hill of the 4th CANDLER COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Candler County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Wiles of the 37th CITY OF KENNESAW
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provision relating to the term or duration of franchise agreements; to repeal conflicting laws; and for other purposes.

Wiles of the 37th CITY OF KENNESAW
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the charter provision relating to what shall constitute a quorum; to repeal conflicting laws; and for other purposes.

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HB 1347

Wiles of the 37th CITY OF KENNESAW

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.

HB 1354

Thomas of the 54th Mullis of the 53rd CATOOSA COUNTY

A BILL to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner; to provide for related matters; 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:

SB 387

Butler of the 55th CITY OF CLARKSTON

A BILL to be entitled an Act to provide for a homestead exemption from City of Clarkston ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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.

HB 1117

Hooks of the 14th Staton of the 18th CRAWFORD COUNTY

A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Crawford County school district ad

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valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1994 (Ga. L. 1994, p. 4515), so as to increase the amount of such exemption and the income cap applicable to such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1122

Hooks of the 14th PEACH COUNTY

A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1995 (Ga. L. 1995, p. 4181), so as to increase the amount of such exemption and the income cap applicable to such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The substitutes to the following bills were put upon their adoption:

*SB 278:

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 278:

A BILL TO BE ENTITLED AN ACT

To provide for the Henry County Board of Elections and Registration; to provide for the board as a successor to the boards created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to terminate the former board of elections and board of registrars; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A. there is created, effective July 1, 2006, the Henry County Board of Elections and Registration, hereinafter referred to as "the board." The board shall have the powers and duties of the former Henry County election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. The board shall be composed of five members. Each member of the Henry County Board of Elections and Registration shall be an elector and a resident of Henry County and shall be selected in the following manner:
(1) Two members shall be appointed by the chairperson of the county executive committee of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly, and two members shall be appointed by the chairperson of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each such appointment shall have been ratified by a majority of the members of each respective executive committee voting at a regularly scheduled meeting of such executive committee or a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees at least 60 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds majority of the membership of such executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 5 of this Act. (2) The fifth member of the board shall be appointed by a committee formed for such purpose by the governing authority of Henry County. Said fifth member shall be appointed within 30 days of the party appointed members taking office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority of Henry County. The appointment of the member at large shall not be governed by the provisions of Section 5 of this Act.
SECTION 3. No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of

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membership of any member shall be deemed vacant upon such member qualifying as a candidate for any elective public office. Neither the acting elections supervisor nor the elections supervisor shall be eligible to serve as a member of the board, nor shall either of them be appointed or elected to serve as a member of the board.
SECTION 4. The appointment or election of each member shall be made by the respective appointing or electing authority by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office that states the name and residential address of the person appointed or elected and certifies that such member has been duly appointed or elected as provided in this Act. The appointment of the fifth member of the board, known as the member at large, shall be made by a committee formed for such purpose by the governing authority of Henry County by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date at which such member is to take office that states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for registrars.
SECTION 5. In the event any appointing or electing authority fails: (1) to make a regular appointment or election within the times specified in Section 2 or Section 4 of this Act, or (2) to make an interim appointment or election to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of Henry County. This section shall not apply to the selection process of the member at large.
SECTION 6. Each member of the board shall:
(1) Serve for a term of two years and until his or her successor is appointed or elected and qualified, except in the event of resignation or removal as provided in Section 7 of this Act; (2) Be eligible to succeed himself or herself and have the right to resign at any time by giving written notice of his or her resignation to the appropriate appointing or electing authority and to the clerk of the superior court; and (3) Be subject to removal from the board at any time for cause, after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars.
SECTION 7. In the event a vacancy occurs in the office of any member before the expiration of his or

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her term by removal, death, resignation, or otherwise, the appropriate appointing or electing authority shall appoint or elect a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members.
SECTION 8. (a) The board members shall take office on July 1 of odd-numbered years. The board shall take no official action until the member at large has been certified to the clerk of the superior court. (b) Before entering upon his or her duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
SECTION 9. The board shall:
(1) With regard to the preparation for and conduct of elections, succeed to and exercise all duties and powers granted to and incumbent upon the Henry County Board of Elections or probate judge by general or local law of whatever nature and kind; (2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the Henry County Board of Elections or probate judge by general or local law of whatever nature and kind; and (3) With regard to the registration of electors, succeed to and exercise all powers, duties, and responsibilities conferred upon and incumbent upon the Henry County Board of Registrars pursuant to general law of whatever nature and kind.
SECTION 10. Any rule or regulation promulgated by the county executive committee with regard to the conduct of primaries shall be null and void if in conflict with a valid rule or regulation of the board.
SECTION 11. Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority of Henry County or any other public agency to bear any expense of conducting primaries not otherwise required by law.
SECTION 12. With the consent of the governing authority of Henry County, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to adequately inform and instruct electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

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SECTION 13. (a) The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board. (c) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
SECTION 14. The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings to be held at the county courthouse. Any specially called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of whatever kind of the board shall be open to the public.
SECTION 15. An administrative director, to be known as the elections supervisor, to administer and supervise conduct of elections, primaries, and registration of electors for the county, shall be selected by the senior judge of the superior court of the Flint Judicial Circuit, upon recommendation by the grand jury of Henry County, in the manner provided for the appointment of registrars under subsection (a) of Code Section 21-2-212 of the O.C.G.A., for a term of two years coinciding with the term of the party appointed members of the board. Compensation shall be determined in accordance with and under the personnel policies established by the governing authority of the county. Compensation for the elections supervisor shall be paid by the governing authority pursuant to its personnel policies wholly from county funds.
SECTION 16. The governing authority of the county shall expend public funds to provide the elections supervisor with such proper and suitable administrative offices and with such clerical assistants and other employees as the governing authority shall deem appropriate in accordance with the merit system. Compensation for such administrative personnel shall be paid by the governing authority under its personnel policies wholly from county funds.
SECTION 17. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practical, from lists

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provided by the county executive committees of the two major political parties appointing members to the board.
SECTION 18. Compensation for board members shall be $200.00 a month. Said compensation shall be paid by the governing authority wholly from county funds.
SECTION 19. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by general state law, as amended, unless otherwise clearly apparent from the text of this Act.
SECTION 20. Effective on the date the board can first take official action under Section 8 of this Act, the Henry County Board of Elections and the Board of Registrars of Henry County shall be relieved from all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon the chairpersons written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 21. This Act shall become effective July 1, 2006, except that for purposes of appointment of board members, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. An Act creating the Henry County Board of Elections (Ga. L. 1995, p. 4198) is specifically repealed.
SECTION 23. All laws and parts of laws in conflict with this Act are repealed.
*HB 733:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 733:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as

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amended, so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, is amended by striking Section 1 of said Act and inserting in its place the following:
SECTION 1. (a) The chief magistrate of the Magistrate Court of Bartow County shall receive a base salary of $70,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. (b) Beginning on January 1, 2007, and on the first day of January of each year thereafter, the base salary of the chief magistrate shall be increased by 4 percent. (c) The chief magistrate shall also receive a longevity increase determined by multiplying the sum of the amounts in subsections (a) and (b) of this section by the percentage that equals 5 percent times the number of completed four-year terms of office served by the chief magistrate after December 31, 1996, but not to exceed 25 percent, effective on the first day of January following the completion of each four-year term of office.
SECTION 2. This Act shall become effective on July 1, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
*HB 1003:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1003:
A BILL TO BE ENTITLED AN ACT
To amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for qualifications; to provide that the chief magistrate shall be a full-time magistrate; to authorize assistant magistrates; to provide for the filling of

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vacancies; to provide for the submission of this Act to the United States Department of Justice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, is amended by striking Sections 1 and 2 of said Act and inserting in lieu thereof the following:
SECTION 1. The chief magistrate of Houston County shall be elected in the same manner as the judges of the State Court of Houston County. The first such election shall take place at the time of the general election in 2008, and the chief magistrate and magistrates elected at such time shall take office on January 1, 2009, for terms of four years and until their successors are duly elected and qualified. The chief magistrate and magistrates serving on the effective date of this Act shall serve through December 31, 2008. The chief magistrate elected as provided in this section shall be a member in good standing of the State Bar of Georgia, shall be a full-time magistrate, and shall devote his or her full time to the duties of the office. The chief magistrate shall be authorized to employ one or more assistant magistrates.
SECTION 2. A vacancy in the office of chief magistrate shall be filled by an appointment by majority vote of the judges of superior court for the remainder of the unexpired term. A vacancy in the office of any other magistrate shall be filled by an appointment by the chief magistrate with the consent of the judges of superior court for the remainder of the unexpired term. A newly created position of magistrate shall be filled in the same manner as for filling a vacancy if such position is created more than 90 days from the next general election.
SECTION 2. The governing authority of Houston County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitutes, the yeas were 49, nays 0, and the substitutes were adopted.

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The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort E Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp 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 Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the local bills, the yeas were 49, nays 0.

The bills on the Local Consent Calendar, except SB 278, HB 733 and HB 1003 having received the requisite constitutional majority, were passed.

SB 278, HB 733 and HB 1003 having received the requisite constitutional majority, were passed by substitute.

The following legislation, favorably reported by the committee, as listed on the Consent Calendar for Commemorative Resolutions, was third read and put upon its adoption.

GENERAL CONSENT CALENDAR FOR
COMMEMORATIVE RESOLUTIONS MONDAY, MARCH 06, 2006
TWENTY-SEVENTH LEGISLATIVE DAY

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SR 434 SR 848 SR 849

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Designate; Mayor Johnny Bradfield Highway; Telfair County (TRANS-20th) Designate; Martin Luther King, Jr., Blvd.; Telfair County (TRANS-20th) Antoine J. Holt Memorial Bridge; dedicating (TRANS-37th) Kimberly Boyd Memorial Bridge; dedicating (TRANS-37th)

The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to.

On the adoption of the legislation on the 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 Y Fort E Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the legislation, the yeas were 49, nays 0.

The legislation on the Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority was adopted.

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HB 1182 SB 568 SB 500 SB 569 SR 865 SB 531 SB 533 SB 534 SB 542 SB 563 SB 581 SB 556 SB 566 SB 567

SENATE RULES CALENDAR MONDAY, MARCH 6, 2006
TWENTY-SEVENTH LEGISLATIVE DAY
Sales and use tax exemption; certain hall of fame attractions; provisions (FIN-49th) Burkhalter-50th
Dunwoody, City of; provide for charter; incorporation; boundaries; powers (SLGO(G)-40th)
2006 Georgia Accuracy in Elections Act; permanent paper record of votes; provide for pilot program/electronic voting (Substitute)(SLGO(G)-27th)
Local Government; newly created municipalities; change provisions; removal of new municipal corporations (Substitute)(SLGO(G)-40th)
Nuclear Power Plants; urge electric utilities to consider building new plants in Georgia (RI&Util-28th)
Motor Vehicle Liability Policies; uninsured motorist coverage; change certain provisions (Substitute)(I&L-21st)
Statutory Living Will Form; revise (Substitute)(JUDY-11th)
Trustee's Compensation schedule of conservators (Substitute)(JUDY-29th)
Durable Power of Attorney; health care; amend signature requirement (Substitute)(JUDY-32nd)
Court Bailiffs; increase maximum per diem (SLGO(G)-29th)
Georgia Public Safety Training Center; emergency medical personnel; provide training; change certain provisions (PS&HS-53rd)
State Budgeting; comprehensive revision of provisions; revise/change duties/responsibilities of budget units (APPROP-4th)
Chamblee, City of; change corporate boundaries (SLGO(G)-40th)
Doraville, City of; change corporate limits (SLGO(G)-40th)

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Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee
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.
The following legislation was read the third time and put upon its passage:
HB 1182. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th, Fleming of the 117th, Smith of the 129th 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 sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain eligible hall of fame attractions; 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 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

Russell W. Hinton State Auditor (404) 656-2174

270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

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SUBJECT: Fiscal Note House Bill 1182 (LC 18 5055)

Dear Chairman O'Neal:

This bill would provide a sales tax exemption on sales of tangible personal property to, or used in the construction of, a Hall of Fame Museum dedicated to sport car auto racing. The exemption would expire on December 31, 2008.

The Georgia State University Fiscal Research Center provided the following narrative on the estimated revenue impact of this bill:

It is assumed that the cost of taxable tangible property sold to or used in the construction of this museum is between $60 and $69 million. Based on a state sales tax rate of 4% and a local sales tax rate of 4%, the revenue loss to the state would be between $2.40 million to $2.76 million and the revenue loss to local governments would be between $2.40 million to $2.76 million. Using a midpoint of $65 million in tangible property for the Hall of Fame museum, the revenue loss would be $2.60 million for state government and $2.60 million for local governments.

Respectfully,

/s/ Russell W. Hinton State Auditor

/s/ Shelley C. Nickel, 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
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp E Me V Bremen
Miles

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D N Thomas,R

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Y Douglas N Fort E Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath
Henson

Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead E Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 41, nays 2.

HB 1182, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:

SR 1098. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th:

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2006 regular session of the General Assembly for the period of March 7, 2006, through March 20, 2006, shall be as follows:

Tuesday, March 7 ...............................................................in adjournment Wednesday, March 8 ..........................................................in session for legislative day 28 Thursday, March 9..............................................................in session for legislative day 29 Friday, March 10 ................................................................in adjournment Saturday, March 11.............................................................in adjournment Sunday, March 12...............................................................in adjournment Monday, March 13 .............................................................in session for legislative day 30 Tuesday, March 14 .............................................................in session for legislative day 31 Wednesday, March 15 ........................................................in session for legislative day 32 Thursday, March 16............................................................in session for legislative day 33 Friday, March 17 ................................................................in adjournment Saturday, March 18.............................................................in adjournment Sunday, March 19...............................................................in adjournment Monday, March 20 .............................................................in session for legislative day 34

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BE IT FURTHER RESOLVED that on and after March 20, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.
The Calendar was resumed.
Senator Weber of the 40th asked unanimous consent to drop SB 568 to the foot of today's Senate Rules Calendar.
The consent was granted, and SB 568 was placed at the foot of the Rules Calendar.
SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd:
A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 500:
A BILL TO BE ENTITLED AN ACT
To provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to require that all electronic recording voting systems used

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in such pilot project produce a permanent paper record of the votes recorded on such systems for each voter; to provide that such voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on such electronic recording voting systems; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "2006 Georgia Accuracy in Elections Act."
SECTION 2. Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, is amended by adding a new Code Section 21-2-379.12 to read as follows:
21-2-379.12. (a) The Secretary of State shall implement a pilot program providing for the use of direct recording electronic (DRE) voting equipment equipped and configured with an elector verified, permanent paper record of the votes cast by each elector on each DRE unit in one precinct each in the Counties of Cobb, Bibb, and Camden in the 2006 November general election and any runoff from such election.
(b)(1) Each DRE unit used in the pilot project shall meet the requirements of this subsection and shall be of the same general type from the same vendor or manufacturer as those DRE units in use in the state. (2) Each DRE unit used by the counties in the pilot project shall have received national qualification and shall have passed state certification for use in elections. For the purposes of this Code section, the Secretary of State is authorized to provide for a conditional certification of the units which shall expire on December 31, 2006. (3) Each unit shall produce an elector verified, permanent paper record of the votes cast by each elector on such device and shall provide the elector with an opportunity to review the permanent paper record privately and independently before casting his or her vote on the unit and to change his or her ballot or correct any error in such record or vote; provided, however, that it shall not allow the elector to have actual physical possession of such record. Each unit shall bear a unique identifying number and each unit shall be equipped with a storage device that:
(A) Stores each of the elector verified, permanent paper records at the same time as such electors votes are stored electronically by the DRE unit; (B) Bears the same unique identifying number as the DRE unit to which it is attached; and (C) Can be removed from the DRE unit for the purpose of transporting the

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permanent paper records contained therein to a central tabulating center. (c) In those counties constituting the pilot project in the 2006 November general election and any runoff therefrom, each duly qualified elector shall cast his or her vote on a DRE unit by touching the screen or pressing the appropriate button on the unit for the candidate or issue of such electors choice. After having the opportunity to vote in all races and upon all questions in which the elector is eligible to vote, the unit shall display a summary of the choices which the elector has made. At that time, the elector shall also be notified of any races or questions in which the elector did not make a selection and all other choices of the elector shall be displayed for the electors review. The elector shall have the opportunity to change any choices which the elector made in voting the ballot and be allowed to vote in those races and on those questions in which the elector did not previously make a selection or cast a vote, and the elector shall again be presented with a summary display of his or her choices. After the summary screen is displayed and the elector desires to make no further changes to his or her votes, the elector shall be notified that he or she is about to cast the ballot. Prior to the elector casting his or her vote on the unit, the unit shall print a permanent paper record of the electors votes. The elector shall then review such permanent paper record and, if such record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot and cause such votes to be recorded, which shall also cause the permanent paper record to be deposited in a ballot box or other secure container. If the votes shown on the permanent paper record are incorrect, the unit shall allow the elector to correct such error or errors by rejecting and voiding the permanent paper record that was printed and changing such electors votes on the unit. After making such corrections, the unit shall print a new permanent paper record for the electors review. If the new record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot. If the new record is incorrect, the unit shall allow the voter to reject and void the new permanent paper record and again change the electors votes on the unit. After making such corrections, the unit shall print a permanent paper record of the electors votes and shall cause the electors ballot to be cast and such votes to be recorded. The elector shall only be allowed to adjust his or her votes three times before casting the ballot. After pressing the appropriate button on the unit or location on the screen to cast the ballot, the electors vote shall be final and shall not be subsequently altered. The permanent paper records shall be secured in locked ballot boxes or other secure containers at all times and such ballot boxes or containers shall not be opened nor shall such ballots be counted unless and until required to be counted pursuant to a recount or an election contest proceeding; provided, however, that the Secretary of State shall cause a complete manual audit to be performed on each DRE unit used in the pilot project for voting within 30 days following the 2006 November general election and within 30 days of any runoff of such election. The audit shall compare the results of the permanent paper records from each DRE unit with the electronic record recorded by the DRE unit. The results of such audits shall be made available to the public upon the completion of the audits.

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(d) The Secretary of State shall provide the DRE units and all necessary software, supplies, training, and support for the pilot project. (e) This Code section shall be repealed by operation of law on January 1, 2007.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

SB 500, having received the requisite constitutional majority, was passed by substitute.

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The following communication was received by the Secretary:

Senator Sam Zamarripa District 36 121-E State Capitol Atlanta, GA 30334

Committees: Economic Development Insurance and Labor Science and Technology Transportation

The State Senate Atlanta, Georgia 30334

March 6, 2006

Please register a yes vote for SB 500.

Thank you,

/s/ Sam Zamarripa

Senator Adelman of the 42nd introduced the doctor of the day Dr. Stephen Holbrook.

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 Calendar was resumed.

SB 569. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to revise certain provisions relating to the removal of new municipal corporations from county special districts for the provision of local government services; to provide for the offer of sale to a newly created municipality of county property used for parks and recreation purposes within the geographical boundaries of the new municipality; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 569:

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A BILL TO BE ENTITLED AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to revise certain provisions relating to the removal of new municipal corporations from county special districts for the provision of local government services; to provide for the offer of sale to a newly created municipality of county property used for police stations, fire stations, or parks within the geographical boundaries of the new municipality; to provide for procedures, conditions, and limitations; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section immediately following Code Section 36-31-11, to be designated Code Section 36-31-11.1, to read as follows:
36-31-11.1. (a) As used in this Code section, the term:
(1) 'Countys cost' means the original amount paid by the county for the land, buildings, and improvements, plus interest at the rate of 3 percent per annum from the date the county paid any such amounts to the date title to such property is transferred to the municipality pursuant to this Code section. (2) 'Police station,' 'fire station,' or 'park' means property, including buildings and fixtures located on such property, that is located within the municipality and has been used by the county to provide police, fire, or park services to territory located within the municipality during the calendar year prior to the year the municipality is removed from the special district under subsection (a) or (b) or this Code section. (b) It is the intent of the legislature that the residents of a new municipality receive full credit for taxes paid for police stations, fire stations, and parks; to assure that new municipalities will have the facilities necessary to deliver such services; and to provide certainty as to how the purchase price for such facilities will be determined. Where a municipality is removed from a special district as provided in either Code Section 3631-11 or subsection (c) of this Code section, the municipality may elect to purchase from the county certain property used for the delivery of police, fire, or parks services, as provided in subsections (d), (e), and (f) of this Code section. (c) A municipal corporation created by local Act within a county which has a special district for the provision of fire services shall continue to be part of such special fire district where such local Act so provides or the governing authority of the municipality

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elects to continue to be part of the special fire district by formal resolution, provided the governing authority of the municipality delivers a copy of such resolution to the governing authority of the county within ten business days after the date the resolution is adopted. Such municipality may subsequently adopt a resolution stating its intent to be removed from the district and the date of removal, provided the governing authority of the municipality delivers a copy of such resolution to the governing authority of the county at least three months prior to the date of removal. (d) If the municipality elects to purchase any such property from the county, the governing authority of the municipality shall provide written notice to the governing authority of the county specifying the properties to be purchased and the date or dates the municipality will assume responsibility for providing police, fire, or park services consistent with the transition period provided in Code Section 36-31-8. Such notice shall be provided with respect to each such property no less than two months prior to the date the municipality intends assume responsibility for providing police, fire, or parks services using such property. The county may not convey or otherwise encumber any police station, fire station, or park located in the municipality from the date the local chartering Act is approved by the Governor or becomes law without such approval to end of the transition period provided in Code Section 36-31-8. (e) If the municipality elects to purchase any such property, all of the countys right, title, and interest in such property shall automatically be transferred by law to the governing authority of the municipality, effective on the date the new municipality begins to use such property to provide service. The governing authority of the county shall, prior the date of transfer, execute and deliver to the governing authority of the municipality such instruments as may be necessary to record the transfer of such right, title, and interest. (f) The governing authority of the municipality shall, within 30 days after the date of transfer of such right, title, and interest, pay to the governing authority of the county the purchase price for such property. The purchase price may be determined by negotiation and agreement of the two governing authorities. (g) In the event that the county and the municipality fail to reach an agreement as to the purchase price for any such properties, then the following process is available to the parties:
(1) The county or municipality may file a petition in superior court of the county seeking mandatory mediation. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit; (2) The visiting or senior judge shall appoint a mediator within 30 days of receipt of the petition. Mediation shall commence within 30 days of the appointment of a mediator. The mandatory mediation process shall be completed within 60 days following the appointment of the mediator. A majority of the members of the governing body of the county and of the municipality shall attend the initial mediation. Following the initial meeting, the mediation shall proceed in the manner

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established at the initial meeting. If there is no agreement on how the mediation should proceed, a majority of the members of the governing body of the county and of the municipality shall be required to attend each mediation session unless another process is agreed upon. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each partys population according to the most recent United States decennial census; (3) If no agreement is reached at the conclusion of the mediation, either the county or the municipality may petition the superior court and seek resolution of the items remaining in dispute. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items. The judge shall determine the purchase price as follows:
(A) The appraised value of the total ad valorem real property tax digest for the area within the municipality shall be determined; (B) The appraised value of the total ad valorem real property tax digest for the entire special district from which the municipality was removed pursuant to Code Section 36-31-11 or subsection (c) of this Code section shall be determined; (C) The tax ratio shall be determined by dividing the appraised value for the municipality, as determined in subparagraph (A) of this paragraph, by the appraised value for the special district, as determined in subparagraph (B) of this paragraph; (D) The county costs shall be determined separately for all fire stations, all police stations, and all parks located in the municipality. If a park is located partially within a municipality or if a police station or fire station was used by the county to provide services to an area partially within the municipality, then a share of the countys cost shall be allocated to the municipality proportionate to portion of the parks acreage located within the municipality or to the portion of the police or fire service area located in the municipality; (E) The countys cost shall be determined separately for all fire stations, all police stations, and all parks located in the special district from which the municipality was removed pursuant to Code Section 36-31-11 or subsection (c) of this Code section; (F) An asset ratio shall be determined separately for police stations, fire stations, and parks by dividing the countys cost for each type of property, as determined in subparagraph (D) of this paragraph, by the countys cost of all properties of that type located in the special district, as determined in subparagraph (E) of this paragraph; (G) The countys cost for parks, police stations, or fire stations located in the municipality shall be considered to have been fully funded by the municipalitys residents if the tax ratio is equal to or greater than the asset ratio for each type of property, in which case the purchase price for properties of type shall be zero. The tax ratio shall be compared separately to the asset ratio for each of the three types of property to determine if each type of property has been fully funded or partially funded; (H) The countys cost for parks, police stations, or fire stations located in the municipality shall be considered to have been partially funded by the municipalitys

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residents if the tax ratio is less than the asset ratio. The percentage of the countys cost that shall be considered funded shall equal 100 times the tax ratio divided by the asset ratio for each type of property. The municipality shall pay to the county as part of the purchase price the percentage of the countys cost that is under funded, which shall equal 100 percent minus the percentage funded; and (I) If the county used a police station or fire station to serve an area located outside the municipality, the purchase price shall include a portion of the fair market value of the police station or fire station. That portion shall equal the acreage served outside the municipality divided by the total acreage served by the police station or fire station; (4) The municipality may elect to pay the purchase price for any police station, fire station, or park amortized over a 25 year period at an interest rate equal to rate available to county on bonded indebtedness at the time of the transfer of title to the property from the county to the municipality; (5) Any municipality for which the transition period provided in Code Section 36-318 has not yet expired with respect to either police services, fire services, or parks may elect to purchase police stations, fire stations, or parks located in that municipality under the provisions of subsection (b), (d), (e), and (f) of this Code section; and (6) The judge shall be authorized to impose mediation costs and court costs against any party upon a finding of bad faith.
SECTION 2. Said title is further amended in Code Section 36-82-1, relating to elections and requirements regarding bonded debt, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows:
(d)(1) Every legal advertisement of a bond election shall contain a reference that any brochures, listings, or other advertisements issued by the governing body of any county, municipality, or other political subdivision of this state or by any other person, firm, corporation, or association with the knowledge and consent of the governing body of such county, municipality, or other political subdivision of this state shall be deemed to be a statement of intention of the governing body of such county, municipality, or other political subdivision of this state concerning the use of the bond funds; and such statement of intention shall be binding on the governing body of such county, municipality, or other political subdivision of this state in the expenditure of any such bond funds or interest received from such bond funds which have been invested, unless the governing body of such county, municipality, or other political subdivision of this state uses such bond funds for the retirement of bonded indebtedness, in the manner provided for in this Code section; and such statement of intention shall be set forth in the resolution pursuant to which such bonds are issued.
(2)(A) Such statement of intention shall remain fully binding upon the governing authority of such county in the event a new municipality is created in such county subsequent to the referendum at which such indebtedness is approved and such bond funds shall be expended within the area of the new municipality in the same manner

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as otherwise required prior to the creation of the municipality. Bond funds and interest received from such bond funds which have been invested shall be expended in the manner in which advertised and for the purpose stated in such statement of intention. (B) In the event that ownership of property of the county which is the subject of any bond funds under this Code section is transferred to a newly created municipality, the county shall, within 30 days of the date of conveyance of such property to such newly created municipality, pay such bond funds and interest received from such bond funds with respect to such project to such newly created municipality. The newly created municipality shall expend such received funds as well as future such bond funds with respect to such project in the manner in which advertised by the county and for the purpose stated in such statement of intention. If the statement of intention identifies a project to be undertaken but does not breakout the amount budgeted for such project, then the value of the project shall be paid by the county to the newly created municipality. (C) If the county and municipality fail to reach an agreement as to the amount to be paid or any related matter, either the county or the municipality may petition the superior court and seek resolution of the items in dispute. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items. (3)(A) Except as otherwise provided in subparagraph (B) of this paragraph, the The governing body of such county, municipality, or other political subdivision of this state may, by a two-thirds vote, declare any project which has been established pursuant to any such statement of intention to be unnecessary. (B) In the event any such project is located within the corporate limits of a newly formed municipality, the governing body of a county shall not be authorized to declare any project which has been established pursuant to any such statement of intention to be unnecessary without a concurrent declaration by one-third vote of the governing body of such newly formed municipality. (4) In that the event a project has been determined to be unnecessary in accordance with paragraph (3) of this subsection, the governing body of such county, municipality, or other political subdivision of this state shall use such bond funds for the payment of all or any part of the principal and interest on any bonded indebtedness of such county, municipality, or other political subdivision of this state then outstanding. Surpluses from the overestimated projects, including interest received on bond funds of such projects, shall be used first to complete underestimated projects and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body of such county, municipality, or other political subdivision of this state may deem necessary and which are encompassed within the language of the

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statement of purpose in the election notice. (5) Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall be announced to the news media in advance and shall be open to the news media.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 5, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour N Brown N Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort E Goggans
Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 34, nays 15.

SB 569, having received the requisite constitutional majority, was passed by substitute.

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SR 865. By Senators Seabaugh of the 28th, Johnson of the 1st, Williams of the 19th, Golden of the 8th and Jones of the 10th:

A RESOLUTION urging electric utilities to consider building new nuclear power plants in Georgia; urging the Public Service Commission to encourage such consideration; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort E Goggans Y Golden
Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R
Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 43, nays 6.

SR 865, having received the requisite constitutional majority, was adopted.

At 12:10 p.m. the President announced that the Senate would stand in recess until 1:00 p.m.

At 1:00 p.m. the President called the Senate to order.

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.

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The Calendar was resumed.
SB 531. By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd:
A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate Insurance and Labor Committee offered the following substitute to SB 531:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to change certain provisions relating to service upon an owner or driver by publication of summons and service as prescribed by law upon an insurance company; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, is amended by striking paragraphs (1) and (2) of subsection (a) and inserting in lieu thereof the following:
(a)(1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured all sums which said insured shall be legally entitled to recover as damages for bodily injury or death of an insured or for injury to or destruction of property of an insured under the named insureds policy sustained from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be:
(A) Not less than $25,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property; or

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(B) Equal to the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which is contained in the insureds personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured if those limits of liability exceed the limits of liability set forth in subparagraph (A) of this paragraph of this Code section. In any event, the insured may affirmatively choose uninsured motorist limits in an amount less than the limits of liability. (2) The coverages for bodily injury or death or for injury to or destruction of property of the insured an insured person, as provided in paragraph (1) of this subsection, may be subject to deductible amounts as follows: (A) For bodily injury or death, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to approval of the Commissioner; (B) For injury to or destruction of property of the insured, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to the approval of the Commissioner; (C) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph may not be reduced below $250.00; (D) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph shall be made available at a reduced premium; and (E) Where an insurer has combined into one single limit the coverages required under paragraph (1) of this subsection, any deductible selected under subparagraphs (A) and (B) of this paragraph shall be combined and the resultant total shall be construed to be a single aggregate deductible. (3) The coverage required under paragraph (1) of this subsection shall not be applicable where any insured named in the policy shall reject the coverage in writing. The coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to said insured by the same insurer. The amount of coverage need not be increased in a renewal policy from the amount shown on the declarations page for coverage existing prior to July 1, 2001. The amount of coverage need not be increased from the amounts shown on the declarations page on renewal once coverage is issued. (4) The filing of a petition for relief in bankruptcy under a chapter of Title 11 of the United States Code by an uninsured motorist as defined in this Code section, or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this Code section, or the discharge in bankruptcy of an uninsured motorist as defined in this Code section shall not affect the legal liability of an uninsured motorist as the term 'legal liability' is used in this Code section, and such filing of a petition for relief in voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this Code section so as to defeat payment for damages

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sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this chapter as now or hereafter amended; but the insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In those cases the uninsured motorist upon being discharged in bankruptcy may plead the discharge in bankruptcy against any subrogation claim of any uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and the uninsured motorist may plead said motorists discharge in bankruptcy in bar of all amounts of an insured persons claim in excess of uninsured motorist protection available to the insured person.
SECTION 2. Said Code section is further amended by striking subsection (e) and inserting in lieu thereof the following:
(e) In cases where the owner or operator of any vehicle causing injury or damage is known and either or both are named as defendants in any action for such injury or damages but the person resides out of the state, has departed from the state, cannot after due diligence be found within the state, or conceals himself to avoid the service of summons, and this fact shall appear by affidavit to the satisfaction of the judge of the court, and it shall appear either by affidavit or by a verified complaint on file that a claim exists against the owner or driver in respect to whom service is to be made and that he is a necessary or proper party to the action, the judge may grant an order that the service be made on the owner or driver by the publication of summons. A copy of any action filed and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company issuing the policy were actually named as a party defendant. Subsection (d) of this Code section shall govern the rights of the insurance company, the duties of the clerk of court concerning duplicate original copies of the pleadings, and the return of service. Following service on the owner or driver by the publication of the summons as provided in this subsection and service as prescribed by law upon the insurance company issuing the policy, the plaintiff shall have a continuing duty to exercise diligence in attempting to locate the owner or driver against whom the claim exists, but such obligation of diligence shall not extend beyond a period of 12 months following service upon the owner or driver by publication of the summons. However, regardless of such time limitations, should the plaintiff learn of the location of the owner or driver against whom the claim exists, the plaintiff shall exercise due diligence to effect service of process upon that owner or driver within a reasonable time period after receiving such information.
SECTION 3. This Act shall become effective on July 1, 2006; and Section 1 of this Act shall apply to all policies issued, delivered, or issued for delivery in this state on and after such date.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the committee substitute was adopted.

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 E Goggans Y Golden E Grant
Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tarver Y Tate Y Thomas,D
Thomas,R Thompson,C E Thompson,S Y Tolleson Y Unterman Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 41, nays 0.

SB 531, having received the requisite constitutional majority, was passed by substitute.

Senator Kemp of the 46th asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.

Senator 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 Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

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SB 533. By Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 533:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking subsection (b) of Code Section 31-32-3, relating to execution of living wills, witnesses, and forms; and inserting in its place the following:
(b) The declaration shall be a document, separate and self-contained. Any declaration which constitutes an expression of the declarants intent shall be honored, regardless of the form used or when executed. Declarations executed on or after March 28, 1986, shall be valid indefinitely unless revoked. A declaration similar to the following form or in substantially the form specified under prior law shall be presumed on its face to be valid and effective:
'LIVING WILL
Living will made this ______ day of ______________ (month, year). I, _______________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below and do declare:
1. If at any time I should (check each option desired): ( ) have a terminal condition, ( ) become in a coma with no reasonable expectation of regaining consciousness, or ( ) become in a persistent vegetative state with no reasonable expectation of regaining significant cognitive function,
as defined in and established in accordance with the procedures set forth in paragraphs (2), (9), and (13) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my

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body (check the option desired): ( ) including nourishment and hydration (such as, I do not want food and water), ( ) including nourishment but not hydration (such as, I want water but not food), or ( ) excluding nourishment and hydration (such as, I want food and water),
be withheld or withdrawn and that I be permitted to die; 2. In the absence of my ability to give directions regarding the use of such lifesustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal; 3. I understand that I may revoke this living will at any time; 4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and 5. If I am a female and I have been diagnosed as pregnant, this living will shall have no force and effect unless the fetus is not viable and I indicate by initialing after this sentence that I want this living will to be carried out. _________(Initial)
Signed ______________
____________(City), __________(County), and __________(State of Residence). I hereby witness this living will and attest that:
(1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind; (2) I am at least 18 years of age; (3) To the best of my knowledge, at the time of the execution of this living will, I:
(A) Am not related to the declarant by blood or marriage; (B) Would not be entitled to any portion of the declarants estate by any will or by operation of law under the rules of descent and distribution of this state; (C) Am not the attending physician of declarant or an employee of the attending physician or an employee of the hospital or skilled nursing facility in which declarant is a patient; (D) Am not directly financially responsible for the declarants medical care; and (E) Have no present claim against any portion of the estate of the declarant; (4) Declarant has signed this document in my presence as above instructed, on the date above first shown.
Witness _______________________ Address _______________________ Witness _______________________ Address _______________________ Additional witness required when living will is signed in a hospital or skilled nursing facility. I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily.

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Witness: ___________________________ Medical director of skilled nursing facility or staff physician not participating in care of the patient or chief of the hospital medical staff or staff physician or hospital designee not participating in care of the patient.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort E Goggans Y Golden E Grant
Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner
Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 44, nays 0.
SB 533, having received the requisite constitutional majority, was passed by substitute.
Senator Whitehead of the 24th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.
Senator Whitehead of the 24th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused.
SB 534. By Senators Bulloch of the 11th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 53-12-173 of the Official Code of Georgia Annotated, relating to compensation for services, so as to specify that when a trustees compensation is not specified in the trust instrument it shall be based on the compensation schedule of conservators; to provide for other related matters; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 534:
A BILL TO BE ENTITLED AN ACT
To amend Titles 10, 29, and 53 of the Official Code of Georgia Annotated, relating respectively to commerce, guardian and ward, and wills, trusts, and administration of estates, so as to correct cross-references from the enactment of Ga. L. 2004, p. 161; to allow temporary petitions for guardianships to be filed in the county where the minor is located under certain circumstances; to provide for distribution of the estate of an intestate minor or adult ward by the conservator; to provide for payment of expenses of certain hearings under certain circumstances; to change the amount of the funds for which a probate judge can be legal custodian; to change provisions relating to satisfaction of requirements of authentication or exemplification; to allow probate court judges to hold certain funds for a missing heir or beneficiary under a decedents will; to change certain provisions relating to bonds for public guardians; to specify that when a trustees compensation is not specified in the trust instrument it shall be based on the compensation schedule of conservators; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by

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striking Code Section 10-6-4, relating to authorization for fiduciaries to convey by attorneys in fact, and inserting in lieu thereof the following:
10-6-4. Executors, administrators, guardians, conservators, and trustees are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person.
SECTION 2. Said title is further amended by striking Code Section 10-6-30, relating to the requirement that agents and fiduciaries keep accounts, and inserting in lieu thereof the following:
10-6-30. It shall be the duty of agents, trustees, administrators, guardians, conservators, receivers, and all other fiduciaries to keep their accounts in a regular manner and to be always ready with them supported by proper vouchers; neglect of this duty shall be ground for charging them with interest on balances on hand and with costs.
SECTION 3. Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, is amended by striking subsection (b) and paragraph (3) of subsection (c) of Code Section 29-2-5, relating to petitions for temporary guardianships, and inserting in lieu thereof the following:
(b) The petition shall be filed in the probate court of the county of domicile of the petitioner; however, if the petitioner is not a domiciliary of this state, the petition may be filed in the probate court of the county where the minor is found.
(3) A statement that the petitioner has physical custody of the minor and: (A) Is is domiciled in the county in which the petition is being filed and has physical custody of the minor; or (B) Is not a domiciliary of this state and the petition is being filed in the county where the minor is found;
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 29-2-30, relating to circumstances when guardianship terminates, and inserting in lieu thereof the following:
(b) Within six months prior to the date the minor reaches 18 years of age, the guardian or any other interested person may file a petition for the appointment of a guardian for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 5 4 of this title, to take effect on or after the date the minor reaches 18 years of age.
SECTION 5. Said title is further amended by striking subsection (h) of Code Section 29-3-3, relating to the definition of "gross settlement" and the compromise of a claim, and inserting in lieu

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thereof the following: (h) If an order of approval is obtained from the judge of the probate court based upon the best interest of the minor, the natural guardian or conservator is authorized to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum. Without limiting the foregoing, the compromise may be in exchange for an arrangement that defers receipt of part or all of the consideration for the compromise until after the minor reaches the age of majority and may involve a structured settlement or creation of a trust on terms which the court approves. SECTION 6.
Said title is further amended by striking subsection (a) of Code Section 29-3-6, relating to power to appoint a conservator, and inserting in lieu thereof the following:
(a) The judge of the court of the county in which a minor is found or in which the proposed conservator is domiciled shall have the power to appoint a conservator for the minor.
SECTION 7. Said title is further amended by striking paragraph (6) of subsection (c) of Code Section 29-3-22, relating to the power of the conservator, and inserting in lieu thereof the following:
(6) To release the debtor and compromise a debt which is in the amount of more than $15,000.00 or more when the collection of the debt is doubtful;
SECTION 8. Said title is further amended by striking the introductory language of subsection (a) of Code Section 29-3-50, relating to compensation for conservators, and inserting in lieu thereof the following:
(a) Other than an emergency conservator or a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to:
SECTION 9. Said title is amended further amended by adding a new subsection to the end of Code Section 29-3-71, relating to final settlements and return of property to a minor, to read as follows:
(e) When a minor ward for whom the county administrator or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the minor wards estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservators bond shall be responsible for the conservators faithful administration and distribution of the estate.
SECTION 10. Said title is further amended by striking paragraph (3) of subsection (c) of Code Section 29-4-15, relating to prerequisite findings prior to the appointment of emergency

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guardians, and inserting in lieu thereof the following: (3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72 hours of the time the order was issued and a written report shall be furnished to the court and made available to the parties within this time frame, which evaluation and report shall be governed by the provisions of subsection (c) (d) of Code Section 29-4-6 29-4-11;
SECTION 11. Said title is further amended by adding a new Code Section 29-4-17 to the end of Article 2 of Chapter 4, relating to procedures for appointment of guardians of adults, to read as follows:
29-4-17. The amounts actually necessary or requisite to defray the expenses of any hearing held under this article shall be paid:
(1) From the estate of the ward if a guardianship is ordered; (2) By the petitioner if no guardianship is ordered; or (3) By the county in which the proposed ward is domiciled or by the county in which the hearing was held only if the person who actually presided over the hearing executes an affidavit or includes a statement in the order that the party against whom costs are cast pursuant to paragraph (1) or (2) of this Code section appears to lack sufficient assets to defray the expenses.
SECTION 12. Said title is further amended by striking subsection (a) of Code Section 29-5-3, relating to order of preference in selecting a conservator, and inserting in lieu thereof the following:
(a) The court shall appoint as conservator that individual person who shall best serve the interest of the adult taking into consideration the order of preferences set forth in this Code section. The court may disregard a person who has preference and appoint a person who has a lower preference or no preference; provided, however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) of this Code section only upon good cause shown.
SECTION 13. Said title is further amended by striking subsection (a) of Code Section 29-5-15, relating to review of a petition for emergency conservatorship, and inserting in lieu thereof the following:
(a) Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable

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cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-149 29-5-14.
SECTION 14. Said title is further amended by adding a new Code Section 29-5-17 to the end of Article 2 of Chapter 5, relating to petitions for appointed conservators of adults, to read as follows:
29-5-17. The amounts actually necessary or requisite to defray the expenses of any hearing held under this article shall be paid:
(1) From the estate of the ward if a conservatorship is ordered; (2) By the petitioner if no conservatorship is ordered; or (3) By the county in which the proposed ward is domiciled or by the county in which the hearing is held if the proposed ward is not a domiciliary of the state. The amounts shall be paid by the appropriate county upon the warrant of the court of the county where the hearing was held. Payment by the county shall be required, however, only if the person who actually presides over the hearing executes an affidavit or includes a statement in the order that the party against whom costs are cast pursuant to paragraph (1) or (2) of this Code section appears to lack sufficient assets to defray the expenses.
SECTION 15. Said title is further amended by adding a new subsection to the end of the Code Section 29-5-72, relating to termination of conservatorship and death of a ward, to read as follows:
(g) When a ward for whom the county administrator or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the wards estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservators bond shall be responsible for the conservators faithful administration and distribution of the estate.
SECTION 16. Said title is further amended by striking Code Section 29-6-1, relating to judges of probate courts as custodians of certain funds, and inserting in lieu thereof the following:
29-6-1. The judges of the probate courts are, in their discretion, made the legal custodians and distributors of all moneys up to $2,500.00 $15,000.00 due and owing to any minor or incapacitated adult who is in need of a conservator but who has no legal and qualified conservator; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source. Without any appointment or qualifying order, the judge is authorized to take charge of the moneys or funds of the minor or adult by virtue of the judges office as judge of the probate court in the county of residence of the minor or adult; provided,

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however, that notice shall be given to the living parents of a minor, if any, or the guardian of an adult, if any. The certificate of the judge that no legally qualified conservator has been appointed shall be conclusive and shall be sufficient authority to justify any debtor in making payment on claims made by the judge.
SECTION 17. Said title is further amended by striking paragraph (1) of Code Section 29-6-9, relating to circumstances under which custodial property shall be returned, and inserting in lieu thereof the following:
(1) A conservator if the custodial funds exceed $2,500.00 $15,000.00;
SECTION 18. Said title is further amended by striking subsection (a) of Code Section 29-7-15, relating to compensation for guardian, and inserting in lieu thereof the following:
(a) As compensation for service, a VA guardian shall earn a commission of 5 percent on all income of the ward coming into the VA guardians hands during any months while the VA guardian serves. If the ward receives less than at least $350.00 per month, the minimum fee shall be $35.00 per month.
SECTION 19. Said title is further amended by striking Code Section 29-8-5, relating to revocation of letters of guardianship or conservatorship or other court orders necessary for the good of a ward, and inserting in lieu thereof the following:
29-8-5. The court may, for good cause shown, as provided in Code Section 29-5-14 29-5-92, revoke the letters of guardianship or conservatorship of the county guardian, require additional security on the county guardians bond, or issue any other order as is expedient and necessary for the good of any particular conservatorship in the hands of the county guardian.
SECTION 20. Said title is further amended by striking Code Section 29-9-13, relating to satisfaction of requirements of authentication or exemplification, and inserting in lieu thereof the following:
29-9-13. (a) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than ten days after the date the person is personally served. For persons within the United States who are served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 14 days from the date of mailing or delivering; provided, however, that if a return receipt from any recipient is received

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by the court within 14 days from the date of mailing or delivering, the date on or before which any objection is required to be filed by such recipient shall be ten days from the date of receipt as shown on the return receipt. For a person outside the United States who is served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 30 days from the date the citation is mailed or delivered; provided, however, that if the return receipt from any recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than ten days from the date of receipt shown on such return receipt. For a person served by publication, the date on or before which any objection is required to be filed shall be no sooner than the first day of the week following publication once each week for four weeks. (b) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the citation, the court shall send by first-class mail a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each of them in their pleadings. (c) Except as otherwise provided by law, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the petition, the court shall, by first-class mail, send a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each of them in their pleadings. (d) Notwithstanding the other provisions of this Code section, the date by which objections must be filed or on which the hearing shall be held shall be no earlier than ten days after the date of service on any person who is entitled to personal service.
SECTION 21. Said title is further amended by striking Code Section 29-10-5, relating to bonds for public guardians, and inserting in lieu thereof the following:
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.
SECTION 22. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and

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administration of estates, is amended by adding a new Code Section 53-9-8 to the end of Article 1 of Chapter 9, relating to administration of estates for missing persons and persons believed to be dead, to read as follows:
53-9-8.
(a) The judges of the probate court, in their discretion, shall also be the depositories for and custodians of all moneys of any heir or beneficiary of any estate who cannot be located by the personal representative for moneys that may be distributed to the heir or beneficiary. Any personal representative shall be authorized to pay over to the judge any such moneys; and the judge shall be authorized to take charge thereof as provided for in this Code section. (b) The judge shall turn over to the Department of Revenue all custodial property held pursuant to this Code section 15 years after receipt by the judge of such property.

SECTION 23. Said title is further amended by striking subsection (b) of Code Section 53-12-173, relating to compensation for services, and inserting in lieu thereof the following:
(b) If the trustees compensation is not specified in the trust instrument or any separate
written agreement, the trustee, for services rendered, shall be entitled to the same compensation as guardians conservators receive for similar services as set forth in Code Section 29-5-50. The trustees compensation may be paid from time to time as the fees are earned, except that the fees for delivery of property in kind, when specifically approved by the judge of the probate court, may be paid in advance of actual distribution when the judge of the probate court shall determine that this is equitable and that the condition of the estate permits it.

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Y Balfour
Brown Y Bulloch Y Butler E Cagle

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tarver

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E Carter E Chance Y Chapman Y Douglas Y Fort E Goggans Y Golden E Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 43, nays 0.

SB 534, having received the requisite constitutional majority, was passed by substitute.

SB 542. By Senators Hill of the 32nd, Harp of the 29th and Smith of the 52nd:

A BILL to be entitled an Act to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable power of attorney for health care, so as to amend the signature requirement; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 542:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable power of attorney for health care, so as to amend the signature requirement; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable power of attorney for health care, is amended by striking subsection (a) of Code Section 31-36-5, relating to execution of agency and limitation on agents, and inserting in lieu thereof the following:
(a) A health care agency shall be in writing and signed by the principal or by some

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other person in the principals presence and by the principals express direction. A health care agency shall be attested and subscribed in the presence of the principal by two or more competent witnesses who are at least 18 years of age. In addition, if at the time a health care agency is executed the principal is a patient in a hospital or skilled nursing facility, the health care agency shall also be attested and subscribed in the presence of the principal by the principals attending physician. A durable power of attorney for health care shall have no force or effect if the declarant is a patient in a hospital or skilled nursing facility at the time the durable power of attorney for health care is executed unless the durable power of attorney for health care is signed in the presence of two witnesses as provided in this Code section at least one of whom is a member of the professional clinical staff or a social services worker designated by the chief of staff and the hospital administrator, if witnessed in a hospital, or the medical director, any physician on the medical staff who is not participating in the care of the patient, or a social services worker, if witnessed in a skilled nursing facility.
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 31-36-10, relating to the form for the power of attorney for health care and authorized powers, and inserting in lieu thereof the following:
(a) The statutory health care power of attorney form contained in this subsection may be used to grant an agent powers with respect to the principals own health care; but the statutory health care power is not intended to be exclusive or to cover delegation of a parents power to control the health care of a minor child, and no provision of this chapter shall be construed to bar use by the principal of any other or different form of power of attorney for health care that complies with Code Section 31-36-5. If a different form of power of attorney for health care is used, it may contain any or all of the provisions set forth or referred to in the following form. When a power of attorney in substantially the following form is used, and notice substantially similar to that contained in the form below has been provided to the patient, it shall have the same meaning and effect as prescribed in this chapter. Substantially similar forms may include forms from other states. The statutory health care power may be included in or combined with any other form of power of attorney governing property or other matters:
'GEORGIA STATUTORY SHORT FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE
NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR AGENT) BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE, CONSENT TO, OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT YOU TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME, OR OTHER INSTITUTION; BUT NOT INCLUDING

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PSYCHOSURGERY,

STERILIZATION,

OR

INVOLUNTARY

HOSPITALIZATION OR TREATMENT COVERED BY TITLE 37 OF THE

OFFICIAL CODE OF GEORGIA ANNOTATED. THIS FORM DOES NOT

IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS;

BUT, WHEN A POWER IS EXERCISED, YOUR AGENT WILL HAVE TO USE

DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH

THIS FORM. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT

IF IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU MAY NAME

COAGENTS AND SUCCESSOR AGENTS UNDER THIS FORM, BUT YOU

MAY NOT NAME A HEALTH CARE PROVIDER WHO MAY BE DIRECTLY

OR INDIRECTLY INVOLVED IN RENDERING HEALTH CARE TO YOU

UNDER THIS POWER. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF

THIS POWER IN THE MANNER PROVIDED BELOW OR UNTIL YOU

REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF

TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN IN

THIS POWER THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME

DISABLED, INCAPACITATED, OR INCOMPETENT. THE POWERS YOU

GIVE YOUR AGENT, YOUR RIGHT TO REVOKE THOSE POWERS, AND THE

PENALTIES FOR VIOLATING THE LAW ARE EXPLAINED MORE FULLY IN

CODE SECTIONS 31-36-6, 31-36-9, AND 31-36-10 OF THE GEORGIA

"DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT" OF WHICH

THIS FORM IS A PART (SEE THE BACK OF THIS FORM). THAT ACT

EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF

ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS

FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER

TO EXPLAIN IT TO YOU.

DURABLE POWER OF ATTORNEY made this _____ day of ____________, ____.

1. I,________________________________________________________________

(insert name and address of principal)

hereby appoint ________________________________________________________

(insert name and address of agent)

as my attorney in fact (my agent) to act for me and in my name in any way I could act

in person to make any and all decisions for me concerning my personal care, medical

treatment, hospitalization, and health care and to require, withhold, or withdraw any

type of medical treatment or procedure, even though my death may ensue. My agent

shall have the same access to my medical records that I have, including the right to

disclose the contents to others. My agent shall also have full power to make a

disposition of any part or all of my body for medical purposes, authorize an autopsy

of my body, and direct the disposition of my remains.

THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS

POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE

ANY DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY

TYPE OF HEALTH CARE, INCLUDING WITHDRAWAL OF NOURISHMENT

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AND FLUIDS AND OTHER LIFE-SUSTAINING OR DEATH-DELAYING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH TO LIMIT THE SCOPE OF YOUR AGENTS POWERS OR PRESCRIBE SPECIAL RULES TO LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE AUTOPSY, OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING PARAGRAPHS. 2. The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations you deem appropriate, such as your own definition of when life-sustaining or death-delaying measures should be withheld; a direction to continue nourishment and fluids or other life-sustaining or death-delaying treatment in all events; or instructions to refuse any specific types of treatment that are inconsistent with your religious beliefs or unacceptable to you for any other reason, such as blood transfusion, electroconvulsive therapy, or amputation): ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ THE SUBJECT OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT IS OF PARTICULAR IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT, SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING OR REMOVAL OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT ARE SET FORTH BELOW. IF YOU AGREE WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL THAT STATEMENT, BUT DO NOT INITIAL MORE THAN ONE:
I do not want my life to be prolonged nor do I want life-sustaining or death-delaying treatment to be provided or continued if my agent believes the burdens of the treatment outweigh the expected benefits. I want my agent to consider the relief of suffering, the expense involved, and the quality as well as the possible extension of my life in making decisions concerning life-sustaining or death-delaying treatment.
Initialed ______ I want my life to be prolonged and I want life-sustaining or death-delaying treatment to be provided or continued unless I am in a coma, including a persistent vegetative state, which my attending physician believes to be irreversible, in accordance with reasonable medical standards at the time of reference. If and when I have suffered such an irreversible coma, I want life-sustaining or death-delaying treatment to be withheld or discontinued.
Initialed ______ I want my life to be prolonged to the greatest extent possible without regard to my condition, the chances I have for recovery, or the cost of the procedures.

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Initialed ______ THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANNER WHILE YOU ARE ABLE TO DO SO. IN THE ABSENCE OF AN AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH AND WILL CONTINUE BEYOND YOUR DEATH IF ANATOMICAL GIFT, AUTOPSY, OR DISPOSITION OF REMAINS IS AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF THE FOLLOWING: 3. ( ) This power of attorney shall become effective on _______________________ (insert a future date or event during your lifetime, such as court determination of your disability, incapacity, or incompetency, when you want this power to first take effect). 4. ( ) This power of attorney shall terminate on __________________________ (insert a future date or event, such as court determination of your disability, incapacity, or incompetency, when you want this power to terminate prior to your death). IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH: 5. If any agent named by me shall die, become legally disabled, incapacitated, or incompetent, or resign, refuse to act, or be unavailable, I name the following (each to act successively in the order named) as successors to such agent:
_________________________________________________________________ _________________________________________________________________ IF YOU WISH TO NAME A GUARDIAN OF YOUR PERSON IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY INSERTING THE NAME OF SUCH GUARDIAN IN THE FOLLOWING PARAGRAPH. THE COURT WILL APPOINT THE PERSON NOMINATED BY YOU IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. YOU MAY, BUT ARE NOT REQUIRED TO, NOMINATE AS YOUR GUARDIAN THE SAME PERSON NAMED IN THIS FORM AS YOUR AGENT. 6. If a guardian of my person is to be appointed, I nominate the following to serve as such guardian: ___________________________________________________________________
(insert name and address of nominated guardian of the person) 7. I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my agent.
Signed _______________________ (Principal)
The principal has had an opportunity to read the above form and has signed the above

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1423

form in our presence. We, the undersigned, each being over 18 years of age, witness the principals signature at the request and in the presence of the principal, and in the presence of each other, on the day and year above set out.

Witnesses: ______________________
______________________

Addresses: _______________________ _______________________ _______________________ _______________________

Additional witness required when health care agency is signed in a hospital or skilled nursing facility. I hereby witness this health care agency and attest that I believe the principal to be of sound mind and to have made this health care agency willingly and voluntarily.

Witness:_______________________ Attending Physician
Member of the professional clinic staff or social services worker designated by the chief of staff and the hospital administrator, if witnessed in a hospital, or the medical director, any physician on the medical staff who is not participating in care of the patient, or social services worker, if witnessed in a skilled nursing facility.
Address:_______________________ _______________________

YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND

SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF

YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY,

YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES

OF THE AGENTS.

I certify that the

signature of my agent

Specimen signatures of

and successor(s) is

agent and successor(s)

correct.

_______________________

___________________

(Agent)

(Principal)

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_______________________

___________________

(Successor agent)

(Principal)

_______________________

___________________

(Successor agent)

(Principal)'

SECTION 3.

This Act does not in any way affect or invalidate any health care agency executed or any

act of any agent prior to July 1, 2006.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort E Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 542, having received the requisite constitutional majority, was passed by substitute.

MONDAY, MARCH 6, 2006

1425

The following bill was taken up to consider the Conference Committee Report thereto:

HB 246. By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:

A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Conference Committee Report was as follows:

The Committee of Conference on HB 246 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 246 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Balfour of the 9th /s/ Senator Shafer of the 48th /s/ Senator Pearson of the 51st

/s/ Representative Graves of the 137th /s/ Representative Stephens of the 164th /s/ Representative Parrish of the 156th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 246

A BILL TO BE ENTITLED AN ACT

To amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, is amended by striking paragraph (11) of subsection (a) and inserting in lieu thereof the following:
(11) Regularly employing the mails or other common carriers to sell, distribute, and
deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to an institution or to sell, distribute, or deliver prescription drug refills, upon his or her request, to an enrollee in a health benefits plan of a group model health maintenance organization or its affiliates by a pharmacy which is operated by that same group model health maintenance organization and licensed under Code Section 26-4-110. Any pharmacy using the mails or other common carriers to dispense prescriptions pursuant to this paragraph shall comply with the following conditions:
(A) The pharmacy shall provide an electronic, telephonic, or written communications mechanism which reasonably determines whether the medications distributed by the mails or other common carriers have been received by the enrollee and through which a pharmacist employed by the group model health maintenance organization or a pharmacy intern under his or her direct supervision is enabled to offer counseling to the enrollee as authorized by and in accordance with his or her obligations under Code Section 26-4-85, unless the enrollee refuses such consultation or counseling pursuant to subsection (e) of such Code section. In addition, the enrollee shall receive information indicating what he or she should do if the integrity of the packaging or medication has been compromised during shipment; (B) In accordance with clinical and professional standards, the State Board of Pharmacy shall promulgate a list of medications which may not be delivered by the mails or other common carriers. However, until such list is promulgated, the group model health maintenance organization shall not deliver by use of the mails or other common carriers Class II controlled substance medications, medications which require refrigeration, chemotherapy medications deemed by the federal Environmental Protection Agency as dangerous, medications in suppository form, and other medications which, in the professional opinion of the dispensing pharmacist, may be clinically compromised by distribution through the mail or other common carriers; (C) The pharmacy shall utilize, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (D) The pharmacy shall establish and notify the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that

MONDAY, MARCH 6, 2006

1427

the pharmacy replaces or makes provisions to replace such drugs. For purposes of this paragraph, the term 'group model health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefits plans of the health maintenance organization;
SECTION 2. Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, is amended by striking paragraphs (1) and (5) of subsection (c) and inserting in their places the following:
(1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioners agent under supervision of the practitioner, to the pharmacy of the patients choice with no intervening person or intermediary having access to the prescription drug order. For purposes of this paragraph, 'intervening person or intermediary' shall not include a person who electronically formats or reconfigures data or information for purposes of integrating into and between computer or facsimile systems of practitioners and pharmacists;
(5) An electronically encrypted, issued, or produced prescription drug order transmitted from a practitioner to a pharmacist shall be considered a highly confidential transaction and the said transmission, issuance, or production shall not be compromised by unauthorized interventions, control, change, altering, manipulation, or accessing patient record information by any other person or party in any manner whatsoever between the time after the practitioner has electronically transmitted, issued, or produced a prescription drug order and such order has been received by the pharmacy of the patients choice. For purposes of this paragraph, 'unauthorized interventions, control, change, altering, manipulation, or accessing patient record information' shall not include electronic formatting or reconfiguring of data or information for purposes of integrating into and between computer or facsimile systems of practitioners and pharmacists;

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Balfour of the 9th moved that the Senate adopt the Conference Committee Report on HB 246.
On the motion, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown N Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort E Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 246.

The Calendar was resumed.

SB 563. By Senators Harp of the 29th, Rogers of the 21st, Reed of the 35th, Meyer von Bremen of the 12th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to increase the maximum per diem allowed to court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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1429

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

E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 563, having received the requisite constitutional majority, was passed.

SB 581. By Senators Mullis of the 53rd, Tolleson of the 20th, Carter of the 13th, Thomas of the 54th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public Safety Training Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D

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Y Chapman Y Douglas Y Fort E Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 581, having received the requisite constitutional majority, was passed.

Senator Thompson of the 5th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

SB 556. By Senators Hill of the 4th, Williams of the 19th and Johnson of the 1st:

A BILL to be entitled an Act to amend Title 2 of the O.C.G.A., relating to agriculture; Title 8 of the O.C.G.A., relating to buildings and housing; Title 15 of the O.C.G.A., relating to courts; Title 17 of the O.C.G.A., relating to criminal procedure; Title 20 of the O.C.G.A., relating to education; Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics; Title 28 of the O.C.G.A., relating to the General Assembly; Title 35 of the O.C.G.A., relating to law enforcement officers and agencies; Title 40 of the O.C.G.A., relating to motor vehicles and traffic; Title 43 of the O.C.G.A., relating to professions and businesses; Title 45 of the O.C.G.A., relating to public officers and employees; Title 49 of the O.C.G.A., relating to social services; and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive revision of provisions regarding state budgeting; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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1431

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort E Goggans E 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 Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 1.

SB 556, having received the requisite constitutional majority, was passed.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 1098. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th:

A RESOLUTION relative to adjournment; and for other purposes.

Mr. President:

The House has passed by the requisite constitutional majority the following Bill of the House:

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HB 1470. By Representatives Jones of the 46th and Burkhalter of the 50th:
A BILL to be entitled an Act to incorporate the City of Milton in Fulton County, Georgia; to provide a charter for the City of Milton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for severability; to repeal conflicting laws; and for other purposes.
The following House legislation was read the first time and referred to committee:
HB 1470. By Representatives Jones of the 46th and Burkhalter of the 50th:
A BILL to be entitled an Act to incorporate the City of Milton in Fulton County, Georgia; to provide a charter for the City of Milton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 1098 until 10:00 a.m. Wednesday, March 8, 2006; the motion prevailed, and at 1:42 p.m. the President announced the Senate adjourned.

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1433

Senate Chamber, Atlanta, Georgia Wednesday, March 8, 2006
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 491.

By Representative Jenkins of the 8th:
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 election of the five-member board of commissioners upon a vacancy in the office of sole commissioner; to provide for exercise of the power of the sole commissioner by the judge of the probate court until the vacancy is filled; 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 contingent effective dates; to repeal conflicting laws; and for other purposes.

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HB 831.

By Representatives Warren of the 122nd, Howard of the 121st and Murphy of the 120th:
A BILL to be entitled an Act to amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved February 4, 2002 (Ga. L. 2002, p. 3505), so as to provide for the compensation of certain officials in Richmond County; to provide for conforming amendments; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 988.

By Representatives Hill of the 180th, Lane of the 167th, Keen of the 179th, Smith of the 168th and Mosley of the 178th:
A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the O.C.G.A., relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th:
A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1075. By Representative Parham of the 141st:
A BILL to be entitled an Act to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used

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Motor Vehicle Parts Dealers, so as to increase the amount of the bond for used motor vehicle dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1083. By Representatives Harbin of the 118th, Burmeister of the 119th and Fleming of the 117th:
A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to change the definition of projects of the authority; to change certain purposes of the authority and to provide for additional purposes; to provide for an exemption from certain sales and use taxation; to repeal conflicting laws; and for other purposes.

HB 1092. By Representatives Manning of the 32nd, Stephens of the 164th, Cooper of the 41st, Brown of the 69th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for legislative findings; to provide for the creation of the Suicide Prevention Program; to provide for the duties and powers related to the program; to provide for staff for the program; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1164. By Representatives Ehrhart of the 36th, Harbin of the 118th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the O.C.G.A., the "Budget Act," so as to provide for the collection and compilation of certain information with respect to the impact of judicial settlements and decrees on the state budgetary and appropriations process; to provide for findings and intent; to require certain information to be included in the budget estimates of budget units; to provide for the compilation of such information in the budget report; to provide for the inclusion of certain information in legislative budget tracking documents; to provide that the payment or expenditure of state funds for purposes of compliance with a judicial decree or settlement shall be subject to appropriation and allotment of funds or an object class transfer; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1224. By Representatives Channell of the 116th, Cooper of the 41st, Brown of the 69th, Sheldon of the 105th and Manning of the 32nd:
A BILL to be entitled an Act to amend Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act"; so as to revise the definitions of "low-income" and "volunteer"; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1252. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th:
A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to provide for relevant definitions; to clarify the qualifications for a limited and temporary driver school permit; to provide qualifications for commercial driver training school operators; to provide standards for business names of driver training schools; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1364. By Representatives Sheldon of the 105th, Walker of the 107th, Cox of the 102nd, Graves of the 137th and Carter of the 159th:
A BILL to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for assistance in matters relating to the medicare prescription drug insurance plan; to provide a short title; to provide for legislative findings; to provide for definitions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds

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and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes.
HB 1380. By Representatives Graves of the 12th, McCall of the 30th, Roberts of the 154th, Ray of the 136th, Black of the 174th 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 redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; to repeal conflicting laws; and for other purposes.
HB 1394. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

HB 1404. By Representatives McCall of the 30th, Roberts of the 154th and Crawford of the 127th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmers markets; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1474. By Representative May of the 111th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to revise certain provisions relating to quorum requirements; to change and extend the corporate limits of the City of Monroe; to provide for a new Article VI, relating to municipal utilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1475. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), so as to change the corporate limits of the city; to provide for the inclusion of certain additional territory as a part of the City of Ellijay; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1476. By Representative Freeman of the 140th:
A BILL to be entitled an Act to amend an Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approved March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of the county exemption and the amount of the income limitation; to lower the age requirement to 62 years of age or over; to specify the terms and conditions of such exemption and the procedures relating thereto; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1477. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide a new charter for the City of Darien; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to repeal a specific Act; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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HB 1478. By Representative Bridges of the 10th:
A BILL to be entitled an Act to provide a new charter for the City of Demorest; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal an Act granting a new charter to the City of Demorest, approved August 15, 1917 (Ga. L. 1917, p. 656), as amended; to repeal conflicting laws; and for other purposes.
HB 1479. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Rincon, approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, so as to provide for conflicts of interest; to provide for a quorum; to provide for powers and duties of the mayor; to provide for jurisdiction of the municipal court; to provide for appeals; to repeal provisions relating to the removal of officers; to provide for city boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
HB 1480. By Representative Smith of the 113th:
A BILL to be entitled an Act to provide for terms for the members of the Board of Education of Oconee County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
HB 1481. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th:
A BILL to be entitled an Act to create the Board of Commissioners of Bartow County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for elections, qualifications, and terms of office; to provide for powers, duties, authority, and compensation of the chairperson and members of the board; to provide for vacancies; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for oaths of office and surety bonds; to provide for a vice chairperson; to provide for other related

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matters; to repeal an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolutions of the House:

HR 413. By Representative Hanner of the 148th:

A RESOLUTION dedicating the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County as the Warren V. Johnson Bridge; and for other purposes.

HR 1302. By Representatives Jacobs of the 80th and Millar of the 79th:

A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes.

The House has passed by the requisite constitutional majority the following Bill of the Senate:

SB 501.

By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Zamarripa of the 36th, Tate of the 38th and others:

A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, so as to increase the amount of such supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following communications were received by the Secretary:

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

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1441

MEMORANDUM

The State Senate Atlanta, Georgia 30334

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Science and Technology Committee

The Committee on Assignments has appointed the following ex-officio member to the Senate Science and Technology Committee to serve the remainder of 2006. The Senator appointed to serve as ex-officio member is:

Sen. Don Thomas of the 54th (As Chairman of Health and Human Services)

Please contact us if you have further questions.

/s/ Eric Johnson

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

MEMORANDUM

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Health and Human Services Committee

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The Committee on Assignments has appointed the following ex-officio member to the Senate Health and Human Services Committee to serve March 7, 2006. The Senator appointed to serve as ex-officio member is:

Sen. John Wiles of the 37th

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

/s/ Eric Johnson /s/ Tommie Williams
Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Insurance and Labor Committee

The Committee on Assignments has appointed the following ex-officio member to the Senate Insurance and Labor Committee to serve March 7, 2006. The Senator appointed to serve as ex-officio member is:

Sen. Cecil Staton of the 18th

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

/s/ Eric Johnson

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1443

The following Senate legislation was introduced, read the first time and referred to committee:

SB 656. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 20-2-260 of the O.C.G.A., relating to capital outlay funds generally, so as to change certain provisions relating to educational facilities surveys; to provide that zoning actions and permits for new development shall be considered as potential growth indicators for purposes of the state-wide needs assessment and development of local needs assessments; to provide that an educational facilities plan may be revised due to unanticipated accelerated student enrollment growth over a two-year period; to provide that a local school system can request capital outlay funds on a reimbursement basis or prior to or during construction; to provide that the computerized student projection program shall consider zoning actions and permits for new development shall be considered as potential growth indicators; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 657. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating to abandoned cemeteries and burial grounds, so as to provide the authority of counties and municipalities to preserve historically registered cemeteries; to provide that state inmates and probationers serving community service may be utilized to maintain abandoned or historically registered cemeteries; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 658. By Senator Carter of the 13th:
A BILL to be entitled an Act to amend an Act providing for the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5262), and an Act approved February 16, 1994 (Ga. L. 1994, p. 3538), so as to provide for the continuation in office of the current members; to provide for the

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election of a chairperson; to provide for related matters; to provide for a submission pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 659. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to amend, consolidate, revise, and restate such charter and amendatory Acts amending such charter; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 1114. By Senators Jones of the 10th, Butler of the 55th, Weber of the 40th, Adelman of the 42nd and Miles of the 43rd:
A RESOLUTION creating the Senate Study Committee on the Restructuring of DeKalb County Government; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 491. By Representative Jenkins of the 8th:
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 election of the five-member board of commissioners upon a vacancy in the office of sole commissioner; to provide for exercise of the power of the sole commissioner by the judge of the probate court until the vacancy is filled; 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 contingent effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 831. By Representatives Warren of the 122nd, Howard of the 121st and Murphy of the 120th:
A BILL to be entitled an Act to amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved February 4, 2002 (Ga. L. 2002, p. 3505), so as to provide for the compensation of certain officials in Richmond County; to provide for conforming amendments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 988. By Representatives Hill of the 180th, Lane of the 167th, Keen of the 179th, Smith of the 168th and Mosley of the 178th:
A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the O.C.G.A., relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Veterans and Military Affairs Committee.

HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th:
A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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HB 1075. By Representative Parham of the 141st:
A BILL to be entitled an Act to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, so as to increase the amount of the bond for used motor vehicle dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 1083. By Representatives Harbin of the 118th, Burmeister of the 119th and Fleming of the 117th:
A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to change the definition of projects of the authority; to change certain purposes of the authority and to provide for additional purposes; to provide for an exemption from certain sales and use taxation; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
HB 1092. By Representatives Manning of the 32nd, Stephens of the 164th, Cooper of the 41st, Brown of the 69th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for legislative findings; to provide for the creation of the Suicide Prevention Program; to provide for the duties and powers related to the program; to provide for staff for the program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 1164. By Representatives Ehrhart of the 36th, Harbin of the 118th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the O.C.G.A., the "Budget Act," so as to provide for the collection and compilation of certain information with respect to the impact of judicial settlements and decrees on the state budgetary and appropriations process; to provide for findings and intent; to require certain information to be included in

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1447

the budget estimates of budget units; to provide for the compilation of such information in the budget report; to provide for the inclusion of certain information in legislative budget tracking documents; to provide that the payment or expenditure of state funds for purposes of compliance with a judicial decree or settlement shall be subject to appropriation and allotment of funds or an object class transfer; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

HB 1224. By Representatives Channell of the 116th, Cooper of the 41st, Brown of the 69th, Sheldon of the 105th and Manning of the 32nd:
A BILL to be entitled an Act to amend Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act"; so as to revise the definitions of "lowincome" and "volunteer"; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

HB 1252. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th:
A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to provide for relevant definitions; to clarify the qualifications for a limited and temporary driver school permit; to provide qualifications for commercial driver training school operators; to provide standards for business names of driver training schools; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

HB 1364. By Representatives Sheldon of the 105th, Walker of the 107th, Cox of the 102nd, Graves of the 137th and Carter of the 159th:
A BILL to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for assistance in matters relating to the medicare prescription drug insurance plan; to provide a

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short title; to provide for legislative findings; to provide for definitions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
HB 1380. By Representatives Graves of the 12th, McCall of the 30th, Roberts of the 154th, Ray of the 136th, Black of the 174th 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 redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
HB 1394. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1404. By Representatives McCall of the 30th, Roberts of the 154th and Crawford of the 127th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmers markets; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

HB 1474. By Representative May of the 111th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to revise certain provisions relating to quorum requirements; to change and extend the corporate limits of the City of Monroe; to provide for a new Article VI, relating to municipal utilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1475. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), so as to change the corporate limits of the city; to provide for the inclusion of certain additional territory as a part of the City of Ellijay; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1476. By Representative Freeman of the 140th:
A BILL to be entitled an Act to amend an Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approved March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of the county exemption and the amount of the income limitation; to lower the age requirement to 62 years of age or over;

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to specify the terms and conditions of such exemption and the procedures relating thereto; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1477. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide a new charter for the City of Darien; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to repeal a specific Act; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1478. By Representative Bridges of the 10th:
A BILL to be entitled an Act to provide a new charter for the City of Demorest; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal an Act granting a new charter to the City of Demorest, approved August 15, 1917 (Ga. L. 1917, p. 656), as amended; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1479. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Rincon, approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, so as to provide for conflicts of interest; to provide for a quorum; to provide for powers and duties of the mayor; to provide for jurisdiction of the municipal court; to provide for appeals; to repeal provisions relating to the removal of officers; to provide for city boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1480. By Representative Smith of the 113th:
A BILL to be entitled an Act to provide for terms for the members of the Board of Education of Oconee County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1481. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th:
A BILL to be entitled an Act to create the Board of Commissioners of Bartow County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for elections, qualifications, and terms of office; to provide for powers, duties, authority, and compensation of the chairperson and members of the board; to provide for vacancies; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for oaths of office and surety bonds; to provide for a vice chairperson; to provide for other related matters; to repeal an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

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HR 413. By Representative Hanner of the 148th:

A RESOLUTION dedicating the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County as the Warren V. Johnson Bridge; and for other purposes.

Referred to the Transportation Committee.

HR 1302. By Representatives Jacobs of the 80th and Millar of the 79th:

A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes.

Referred to the Transportation Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 511 SB 588 SB 613

Do Pass by substitute Do Pass by substitute Do Pass

Respectfully submitted, Senator Bulloch of the 11th District, Chairman

Mr. President:

The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SR 1090 Do Pass as amended

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

Mr. President:

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1453

The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 610 Do Pass SB 618 Do Pass by substitute
Respectfully submitted, Senator Moody of the 56th District, Chairman

Mr. President:

The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1014 HB 1040 HR 1081 SB 585 SB 597

Do Pass Do Pass Do Pass by substitute Do Pass by substitute Do Pass

SB 620 SR 817 SR 1085 SR 1104

Do Pass Do Pass by substitute Do Pass Do Pass

Respectfully submitted, Senator Cagle of the 49th District, Chairman

Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 565 SB 602 SB 648

Do Pass Do Pass by substitute Do Pass

Respectfully submitted, Senator Thomas of the 54th District, Chairman

1454 Mr. President:

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The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 582 Do Pass SB 594 Do Pass
Respectfully submitted, Senator Harp of the 29th District, Chairman
Mr. President:

The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 407 SB 438 SB 649

Do Pass Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Hudgens of the 47th District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 101 SB 347 SB 461 SB 572 SB 583

Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute Do Pass

SB 622 SB 624 SB 631 SR 1027 SR 1030

Do Pass as amended Do Pass by substitute Do Pass Do Pass Do Pass

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

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1455

The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 191 SB 294 SB 575

Do Pass by substitute Do Pass Do Pass by substitute

SB 604 Do Pass by substitute SB 612 Do Pass

Respectfully submitted, Senator Tolleson of the 20th District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 223 SB 491 SB 554

Do Pass by substitute Do Pass Do Pass

SB 619 SB 637 SB 642

Do Pass Do Pass Do Pass as amended

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SB 599 Do Pass by substitute SR 1081 Do Pass
Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

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Mr. President:

The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1055 Do Pass SB 541 Do Pass by substitute SB 596 Do Pass by substitute

Respectfully submitted, Senator Shafer of the 48th District, Chairman

Mr. President:

The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 638 Do Pass

Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 532 HB 829 HB 1198 HB 1297 HB 1298 HB 1432 HB 1449 HB 1450 SB 574

Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass

SB 593 SB 626 SB 627 SB 628 SB 629 SB 630 SB 633 SR 804

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Wiles of the 37th District, Chairman

WEDNESDAY, MARCH 8, 2006

1457

Mr. President:

The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 431 SB 483 SB 578 SB 636 SR 126 SR 374

Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute Do Pass Do Pass by substitute

SR 873 SR 1028 SR 1034 SR 1093 SR 1094

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Stephens of the 27th District, Chairman

Mr. President:

The Veterans and Military Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 402 Do Pass by substitute

Respectfully submitted, Senator Douglas of the 17th District, Chairman

The following legislation was read the second time:

HB 251 HB 644 HB 749 HB 1151

SB 78 SB 177 SB 306

SB 392 SB 420 SB 495

SB 550 SB 555 SB 570

SB 603 SB 606 SB 607

SB 615 SR 838 SR 1040

Senator Seabaugh of the 28th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.
Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson 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.

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Senator Mullis of the 53rd asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

Senator Hill of the 32nd asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Golden Grant Hamrick Harbison Harp Heath

Henson Hill,Jack Hill,Judson Hooks Hudgens Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh

Seay Shafer,D Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Fort (Excused) Thompson, S (Excused)

Johnson (Excused) Tolleson

Smith (Excused) Unterman (Excused)

The members pledged allegiance to the flag.

Senator Hudgens of the 47th introduced the chaplain of the day, Pastor Jim Carpenter of Athens, Georgia, who offered scripture reading and prayer.
Senator Mullis of the 53rd recognized a delegation from the Albanian Municipal Association.
The President introduced Jim Ledbetter from the Carl Vinson Institute.

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1459

The following resolutions were read and adopted:
SR 1107. By Senators Miles of the 43rd, Butler of the 55th, Henson of the 41st, Thompson of the 5th, Adelman of the 42nd and others:
A RESOLUTION commemorating the 150th anniversary of the founding of the City of Lithonia; and for other purposes.
Senator Miles of the 43rd recognized officials from the City of Lithonia, commended by SR 1107, adopted previously.
SR 1096. By Senator Tolleson of the 20th:
A RESOLUTION commending Judye W. Blackburn and congratulating her on her retirement; and for other purposes.
SR 1097. By Senator Tolleson of the 20th:
A RESOLUTION commending public health nurses; and for other purposes.
SR 1099. By Senator Williams of the 19th:
A RESOLUTION congratulating Mrs. Ruby Hickox Strickland on the occasion of her 90th birthday; and for other purposes.
SR 1100. By Senator Williams of the 19th:
A RESOLUTION congratulating Mr. and Mrs. Ruben King on the occasion of their 55th wedding anniversary; and for other purposes.
SR 1101. By Senators Henson of the 41st, Butler of the 55th and Balfour of the 9th:
A RESOLUTION commending Lee Chandler Hagan on becoming an Eagle Scout; and for other purposes.
SR 1102. By Senator Jones of the 10th:
A RESOLUTION commending Dr. Greg Fields; and for other purposes.
SR 1103. By Senators Jones of the 10th and Miles of the 43rd:
A RESOLUTION commending Mr. Ernest Raymond Prather; and for other purposes.

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SR 1105. By Senators Jones of the 10th, Henson of the 41st and Miles of the 43rd:
A RESOLUTION commemorating and recognizing the achievements of the Southwest DeKalb High School students taking the advanced placement United States History Exam; and for other purposes.
SR 1106. By Senator Pearson of the 51st:
A RESOLUTION commending John Owen on becoming an Eagle Scout; and for other purposes.
SR 1108. By Senator Hill of the 4th:
A RESOLUTION recognizing and congratulating Greater Bethel African Methodist Episcopal Church on the celebration of its 116th anniversary on February 19, 2006; and for other purposes.
SR 1109. By Senator Schaefer of the 50th:
A RESOLUTION recognizing Southern Bank & Trust on its opening; and for other purposes.
SR 1110. By Senator Schaefer of the 50th:
A RESOLUTION recognizing and congratulating Patricia Kesler of Lavonia on her election to serve as Governor of the Georgia District of Pilot International for the 2006-2007 term; and for other purposes.
SR 1111. By Senator Schaefer of the 50th:
A RESOLUTION commending Toccoa Clinic Medical Associates and congratulating it on its 60th anniversary; and for other purposes.
SR 1112. By Senator Miles of the 43rd:
A RESOLUTION commending Mrs. Juanita Jones Abernathy; and for other purposes.
Senator Whitehead of the 24th introduced the doctor of the day, Dr. Gregory Cook.
Senator Kemp of the 46th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

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1461

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 Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Wednesday, March 8, 2006 Twenty-eighth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 593

Douglas of the 17th HENRY COUNTY

A BILL to be entitled an Act to provide for an advisory referendum election to be held in certain districts of Henry County for the purpose of ascertaining whether the voters of such districts desire the governing authority of Henry County to adopt by policy or ordinance measures to oppose or prevent the expansion of a certain airport in Henry County and whether the governing authority shall take whatever action is legally available to request or prevent the expansion of such airport in any other county; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 627

Schaefer of the 50th HABERSHAM COUNTY

A BILL to be entitled an Act to amend an Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended, so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to revise the powers of the authority;

1462 SB 630 SB 633 HB 532

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to provide that the authority shall exercise its powers with the consent of the Board of Commissioners of Habersham County; to expressly authorize lease of the assets of the authority, transfer of the authoritys employees, and the provision of advice and recommendations to the Board of Commissioners of Habersham County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Pearson of the 51st TOWN OF TALKING ROCK
A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), so as to change provisions relating to the time of municipal elections and the terms of the mayor and council; to exercise authority granted under general law so as to make the charter provisions on this subject consistent with general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Schaefer of the 50th TOWN OF TALLULAH FALLS
A BILL to be entitled an Act to amend an Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, so as to change certain provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; to repeal conflicting laws; and for the other purposes.
Golden of the 8th BROOKS COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Brooks County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 829 HB 1297 HB 1298

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Schaefer of the 50th TOWN OF MARTIN
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.
Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, 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.
Hooks of the 14th PRESTON-WESTON-WEBSTER COUNTY
A BILL to be entitled an Act to create and establish the PrestonWeston-Webster 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 Preston, the City of Weston, and the County of Webster; 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. (SUBSTITUTE)

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HB 1432

Rogers of the 21st CITY OF WOODSTOCK

A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide that it shall require the affirmative votes of five councilmembers to approve the exercise of the power of eminent domain in the city limits; to provide for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1449

Schaefer of the 50th HABERSHAM COUNTY

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 change certain provisions regarding the compensation of the members of such board; to provide for the specific repeal of an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969); to provide for related matters; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following five local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

SB 626

Schaefer of the 50th HABERSHAM COUNTY

A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Habersham County ad valorem taxes, including taxes for educational purposes, in the amount of $10,000.00 of the assessed value of the homestead for residents of that county school district who are 65 years of age or over, which Act is the former local constitutional amendment, Resolution Act No. 162, House Resolution No. 662-1850 (Ga. L. 1978, p. 2444), which was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, so as to provide for a definition of the term "homestead" for purposes of the exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 628 SB 629 HB 1198

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Schaefer of the 50th HABERSHAM COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are disabled or are 65 years of age or over and whose income, excluding certain retirement income, does not exceed $12,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Schaefer of the 50th HABERSHAM COUNTY
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Habersham 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 approved May 16, 2002 (Ga. L. 2002, p. 5864), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Chapman of the 3rd MCINTOSH COUNTY
A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or over and whose annual 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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Schaefer of the 50th CITY OF DEMOREST
A BILL to be entitled an Act to provide for a homestead exemption from City of Demorest ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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.

The substitute to the following bill was put upon its adoption:
*HB 1298:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1298:
A BILL TO BE ENTITLED AN ACT
To create and establish the Preston-Weston-Webster 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 Preston, the City of Weston, and the County of Webster; to provide that said commission shall be authorized to study all matters relating to the governments of the County of Webster, the City of Preston, and the City of Weston and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Webster County; to provide for the submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as the "Preston-Weston-Webster County Charter and Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia.
SECTION 2. As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise:
(1) "Charter and unification commission" or "commission" shall mean the PrestonWeston-Webster County Charter and Unification Commission provided for in this Act. (2) "Governing authority of the City of Preston" shall mean the mayor and city council of the City of Preston, a municipal corporation of the State of Georgia. (3) "Governing authority of the City of Weston" shall mean the mayor and city council of the City of Weston, a municipal corporation of the State of Georgia. (4) "Governing authority of the County of Webster" shall mean the Board of Commissioners of Webster County, a political subdivision of the State of Georgia.
SECTION 3. (a) There is created the Preston-Weston-Webster County Charter and Unification Commission, which shall consist of nine members to be appointed within 45 days of the effective date of this Act as provided in this section. (b) Within 30 days of the effective date of this Act as provided in this section, the governing authority of the City of Preston shall appoint two members to the charter and unification commission who shall be citizens of the City of Preston at the time of such appointment and for the duration of their respective terms as members of such commission. (c) Within 30 days of the effective date of this Act as provided in this section, the governing authority of the City of Weston shall appoint one member to the charter and unification commission who shall be a citizen of the City of Weston at the time of such appointment and for the duration of his or her term as a member of such commission. (d) Within 30 days of the effective date of this Act as provided in this section, the governing authority of the County of Webster shall appoint four members to the charter and unification commission who shall be citizens of unincorporated Webster County at the time of such appointment and for the duration of their respective terms as members of such commission. (e) The seven members of the charter and unification commission provided for in subsections (b), (c), and (d) of this section shall jointly appoint two members to the charter unification commission who shall be citizens of Webster County at the time of such appointment and for the duration of their entire terms as members of such commission.

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(f) If a governing authority or the commission refuses or fails to appoint a member of the commission as required by this section, the senior superior court judge of the Southwestern Judicial Circuit shall make such appointment within ten days following the expiration of the 45 day period allowed for appointments provided for in subsection (a) of this section. (g) No member of the charter and unification commission shall hold any other elective public office. (h) To be eligible for appointment as a member of the charter and unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Webster County for a period of at least two years prior to his or her appointment. (i) If a member of the charter and unification commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serve for any reason whatever as a member of the charter and unification commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the governing authority that appointed that member or the commission, if the member was appointed by the commission, shall appoint a successor promptly to fill such vacancy. (j) A certificate of appointment shall be issued by the appointing entity of each member of the charter and unification commission and filed in the office of the Probate Court of Webster County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter and unification commission. (k) A majority of the members of the charter and unification commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter and unification commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (l) The charter and unification commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter and unification commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (m) All persons who shall, from time to time, serve as members of the charter and unification commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter and unification commission from time to time shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of the County of Webster, extending to members of such governing authority of the County of Webster, and what is commonly referred to as

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"public officials liability insurance coverage," to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of the County of Webster. Any and all additional premium amounts payable by the County of Webster due to the extension of such coverage to the members of the charter and unification commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-third by the County of Webster, one-third by the City of Preston, and one-third by the City of Weston, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (n) The governing authority of the County of Webster, the governing authority of the City of Preston, the governing authority of the City of Weston, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter and unification commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted.
SECTION 4. (a) The charter and unification commission shall hold an organizational meeting not less than 30 days nor more than 45 days after the date this Act becomes effective. Any three or more members of the charter and unification commission, composed of at least one member appointed by the governing authority of the City of Preston, one member appointed by the governing authority of the City of Weston, and one member appointed by the governing authority of the County of Webster, shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held. (b) The first order of business at the organizational meeting shall be the designation, by the majority vote of those members present, of a temporary chairperson to preside until a permanent chairperson is elected. The second order of business at the organizational meeting shall be to jointly appoint two members to the charter and unification commission as provided for in subsection (e) of Section 3 of this Act. The third order of business at the organizational meeting shall be the election of a permanent chairperson, who shall be elected by the majority vote of all members of the charter and unification commission. (c) The charter and unification commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter and unification commission as it shall deem necessary. The charter and unification commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Preston, the City of Weston, and the County of Webster and in drafting a charter. The charter and unification commission shall not employ any person who holds any elective public office.

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(d) The members of the charter and unification commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Preston, the governing authority of the City of Weston, and the governing authority of the County of Webster are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. The governing authority of the City of Preston, the governing authority of the City of Weston, and the governing authority of the County of Webster shall initially appropriate up to $5,000.00 for the charter and unification commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairperson of the charter and unification commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter and unification commission, provided that such additional expenditures shall be first approved by each of the governing authorities. (e) The charter and unification commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (f) All public officials and employees of the City of Preston, the City of Weston, and the County of Webster upon request shall furnish the charter and unification commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter and unification commission for it to carry out its duties, except for information that is confidential or privileged by law; shall furnish such other assistance and aid to the commission as it shall request; and shall appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees.
SECTION 5. The commission shall be authorized to study all matters relating to the governments of the City of Preston, the City of Weston, and the County of Webster and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Webster County. The commission shall upon completion of its study issue a written report of its findings, conclusions, and recommendations. If, after conducting such study, the charter and unification commission shall deem it to be in the best interests of the governments proposed to be affected, the commission shall draft a proposed charter creating a single county-wide government, and if such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Preston, the City of Weston, and the County of Webster and may also supersede and replace any public authorities and special service districts located and operating within Webster County. If the charter and unification

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commission does not deem it to be in the best interests of the governments proposed to be affected to recommend the establishment of a single county-wide government but concludes from its study that it is feasible to consolidate specific governmental services, programs, and activities, then the commission may issue such findings, conclusions, and recommendations in writing together with reasons why such recommendations will make government operations more efficient.
SECTION 6. (a) The charter so drafted shall be submitted to the qualified voters of Webster County for approval or rejection of the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter and unification commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more of the items listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory:
(1) The charter shall provide for the abolishment of the existing governments of the City of Preston and the County of Webster and for the creation of a new single government which may have all powers formerly exercised by the City of Preston and the County of Webster and such other powers as may be necessary or desirable. The charter may provide for the abolishment of the existing government of the City of Weston and the transfer at all powers formerly exercised by the City of Weston to the new single government. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide; (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grantsin-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs; (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court unless otherwise prohibited by the Constitution or general law; (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Webster County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as the charter shall provide unless otherwise prohibited by the Constitution or general law; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any

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municipality merged in the county-wide government and the County of Webster and any public authorities or special service districts located or operating within Webster County unless otherwise prohibited by the Constitution or general law. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter and unification commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of the county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority; (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; (8) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government; (9) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by the charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or other similar legislation; (10) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter; (11) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; (12) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws; (13) The charter shall provide for the repeal of conflicting laws; and (14) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City

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of Preston, the City of Weston, and the County of Webster and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter and unification commission and any successor county-wide government created by a charter drafted by the commission: (1) The charter and unification commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; and (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Preston, the City of Weston, and the County of Webster and any other authorities or special service districts merged into the new government. (d) The charter and unification commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees; to compel witnesses to testify thereat; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairperson or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Southwestern Judicial Circuit. The judge of such court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act, the charter and unification commission and the charter proposed by the commission and subsequently adopted may not: (1) Alter or affect the status of the Webster County School System or the Webster County Board of Education or any provision of the Constitution or laws of the State

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of Georgia by which the Webster County School System is constituted, empowered, or preserved or to transfer any of its powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights; or (3) Abolish the office of sheriff, clerk of court, judge of probate court, or tax commissioner. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality electing to be excluded as provided in this Act or the school district, board of education, industrial development authority, office of sheriff, clerk of superior court, judge of probate court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (g) The powers granted in this Act to the charter and unification commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose.
SECTION 7. (a) The charter and unification commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the City of Preston, the City of Weston, and the County of Webster regarding the work of the charter and unification commission. The first public hearing shall be held within 30 days of the issuance of the commissions final written report on the feasibility of establishing a single county-wide government within Webster County, and a second public hearing shall be held within 15 days of the submission of any proposed charter for such consolidated government to the Webster County Board of Elections. The charter and unification commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. The charter and unification commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Webster County once a week for two consecutive weeks during the two weeks next preceding the week in which the public hearing is held. The charter and unification commission shall cause to be made a transcript of each public hearing held and shall file the same in its minutes and records. (b) Following issuance of the commissions final written report, the governing authorities of the City of Preston, the City of Weston, and the County of Webster shall each hold and conduct a public hearing to determine the sentiments of their citizens regarding the work of the charter and unification commission. Notice of such hearings shall be advertised in the same manner as required for hearings held by the charter and unification commission. Representatives of the charter and unification commission shall be invited to present the final report to such governing authorities.
SECTION 8. (a) The charter and unification commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than August 31, 2008; provided, however, that the above-described time period may be extended for such additional

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periods of time as may be authorized by resolutions duly adopted by the governing authority of the City of Preston and the governing authority of the County of Webster and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts. (b) Certified copies of the charter shall be filed by the charter and unification commission with the clerks or secretaries of the governing authorities of the City of Preston, the City of Weston, and the County of Webster and shall be authenticated by the signature of the chairperson of the charter and unification commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter and unification commission shall also make available a copy of the charter to every daily or weekly newspaper published in Webster County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter and unification commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter and unification commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter and unification commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter and unification commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter and unification commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter and unification commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justices approval in the event that any initial proposed charter fails to obtain Department of Justice approval.
SECTION 9. (a) A certified copy of the proposed charter shall be submitted by the commission to the election superintendent of Webster County, and it shall be the duty of such superintendent to call and hold a referendum election for ratification or rejection of the proposed charter as provided in Section 10 of this Act. (b) The charter and unification commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia.

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SECTION 10. (a) As soon as practicable after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of no current objections, by the United States Department of Justice of such proposed charter, it shall be the duty of the election superintendent of Webster County to call a special election for approval or rejection of the proposed charter. The election superintendent shall set the date of the election for the earliest date therefor permissible under general law after the filing of any proposed charter as provided for in Section 8 of this Act. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Webster County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the charter reorganizing and consolidating the governments of the City of Preston, the City of Weston, and the County of Webster and
( ) NO creating a single county-wide government to supersede and replace those governments be approved?"
(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." The votes cast on such question by the qualified voters of Webster County residing within the corporate limits of the City of Preston and the votes cast on such question by the qualified voters of Webster County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Webster County residing within the corporate limits of the City of Preston are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of Webster County are for approval of the charter, then the charter shall become effective as to the City of Preston and Webster County. Otherwise, it shall be void and of no force and effect. In addition, the votes cast on such question by the qualified voters of Webster County residing within the corporate limits of the City of Weston shall be counted separately. If more than one-half of the votes cast by the qualified voters of Webster County residing within the corporate limits of City of Weston are for approval of the charter and if more than one-half of the votes cast by the qualified voters of Webster County residing within the corporate limits of the City of Preston are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both incorporated and unincorporated areas of Webster County are for approval of the charter, then the charter of the City of Weston shall be revoked upon the election of members of the single county-wide governing authority and the City of Weston shall be abolished. The expense of such election shall be borne equally by the City of Preston, the City of Weston, and the County of Webster. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used in this Act, shall mean a voter of Webster County qualified to vote for members of the General Assembly of Georgia. The election superintendent

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shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of the governing authority of the City of Preston, who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of the County of Webster, who shall attach the same to the copy of the charter previously certified to him or her. If the charter was approved by the City of Preston and the County of Webster and was approved by the City of Weston, one copy of the proclamation shall be delivered to the secretary or clerk of the governing authority of the City of Weston, who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Preston, the City of Weston, and the County of Webster has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary or clerk of the governing authority of the City of Preston, the certified copy of the charter and proclamation deposited with the secretary or clerk of the governing authority of the City of Weston, and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of the County of Webster shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated government for all purposes.
SECTION 11. In the event the proposed single county-wide government charter is approved by voters as provided in Section 10 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the countywide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Preston; the City of Weston, if the voters of the City of Weston approved such charter as provided in Section 10 of this Act; and the County of Webster shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government.
SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 45, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E 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 Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

E Smith Y Starr Y Staton Y Stephens
Stoner Tarver Tate Y Thomas,D Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local bills, the yeas were 45, nays 0.

The bills on the Local Consent Calendar, except HB 1298 having received the requisite constitutional majority, were passed.

HB 1298, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR WEDNESDAY, MARCH 8, 2006 TWENTY-EIGHTH LEGISLATIVE DAY

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SR 769 SR 1025 SB 510 SB 64 SB 349 SB 380 SB 529
SB 505 SR 682 SB 414
SB 523 SB 538 SB 539 SB 562

International Baccalaureate Diploma; granting undergraduate course credit; urge Board of Regents to consider creating a program (H ED-1st)
CA: License Plates; specially designed; provide for dedication of certain revenue; support/promote equine industry (PS&HS-46th)
Natural Resources; river corridors; minimum standards/procedures for protection; change certain provisions (Substitute)(NR&E-51st)
Law Enforcement Motor Vehicles; blue lights on roof; enforce requirement (Substitute)(RULES-17th)
Students' Health; provide parents with information on meningococcal meningitis (H&HS-54th)
Agricultural Commodity Commission; equines; definitions; change provisions (PF) (Substitute)(AG&CA-46th)
Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation (Substitute)(PS&HS-21st)
Mortgage Broker/Lender License; exempt certain exclusive agents (Substitute)(B&FI-9th)
CA: Community Improvement Districts; remove limitation on types of property subject to taxes, fees, and assessments (Substitute)(ECD-18th)
Rural Georgia Economic Development Act; authorize creation of community improvement districts by counties of this state (Substitute)(ECD-18th)
License Plates; special; honoring family members of service members killed in action; issuance; renewal; fees (V&MA-25th)
License Plates, Special; supporting Global War on Terrorism and Iraqi Freedom; provide issuance; renewal; fees (Substitute)(V&MA-17th)
License Plates, Special; supporting Global War on Terrorism and Operation Enduring Freedom; provide issuance; renewal; fees (V&MA-17th)
Georgia Higher Education Facilities Authority Act; create (FIN-40th)

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SB 422

Chiropractors; definitions; scope of practice; increase penalty for improper practice (Substitute)(H&HS-45th)

SB 506

HOPE Scholarships; set amount for mandatory fees; eligible public postsecondary institutions; January 1, 2004 (H ED-9th)

SB 561

HOPE Scholarships/Grants; definitions; correct scrivener's error; provide for students in professional level programs (H ED-29th)

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

The following legislation was read the third time and put upon its passage:

SR 769. By Senators Johnson of the 1st, Harp of the 29th, Moody of the 56th and Hill of the 32nd:

A RESOLUTION urging the Board of Regents of the University System of Georgia to consider creation of a program of granting undergraduate course credit to entering freshman students who have successfully completed the curriculum and examinations leading to an international baccalaureate diploma; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis Y Pearson Y Powell

E Smith Starr
Y Staton Y Stephens
Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Reed Rogers
Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 45, nays 0.

SR 769, having received the requisite constitutional majority, was adopted.

SR 1025. By Senator Kemp of the 46th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for dedication of certain revenue derived from fees from the sale of specially designed license plates to a state department or commission for purposes of supporting and promoting the equine industry in this state and further provide that such funds shall not lapse; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (n) to read as follows:
(n) The General Assembly may provide by law for dedication of certain revenue
derived from fees from the sale of special and distinctive license plates to a state department or commission for purposes of supporting and promoting the equine industry in this state. The General Assembly is further authorized to provide that such funds shall not lapse, the provisions of Article III, Section IX, Paragraph IV(c) notwithstanding. The General Assembly may provide by law for all matters necessary or appropriate to the implementation of this subparagraph.

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide for dedication of certain revenue derived
( ) NO from fees from the sale of special and distinctive license plates to a state

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department or commission for purposes of supporting and promoting the equine industry in this state and further provide that such funds shall not lapse?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens
Stoner Y Tarver
Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the adoption of the resolution, the yeas were 47, nays 1.

SR 1025, having received the requisite two-thirds constitutional majority, was adopted.

SB 510. By Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of the 37th and Rogers of the 21st:

A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to change certain provisions relating

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to minimum standards and procedures for protection of river corridors; to change certain provisions regarding minimum standards and procedures regarding river corridors; to provide for limitations with respect to certain stream buffers; to change certain provisions relating to uses to which provisions of certain river protection statutes are inapplicable; to change certain provisions relating to local regulation of land in drainage basins, enforcement where local regulation inadequate, and failure of governing authority to meet requirements; to change certain provisions relating to best management practices regarding land-disturbing activities; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 510:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions related to the Department of Natural Resources, so as to change certain provisions relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs as part of local government comprehensive plans; to define certain terms; to provide certain exemptions from stream and water supply reservoir buffer requirements; to provide for grant of variances from stream and water supply reservoir buffer requirements under certain circumstances by the director of the Environmental Protection Division; to provide for alternative methods of protection of small water supply watersheds; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions related to the Department of Natural Resources, is amended in subsection (c) of Code Section 12-2-8, relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs as part of local government comprehensive plans, by adding new paragraphs to read as follows:
(1.1) 'Large water supply watershed' means a water supply watershed consisting of not less than 100 square miles of land area. (4) 'Small water supply watershed' means a water supply watershed consisting of less than 100 square miles of land area. (5) 'Storm-water management ordinance' means an ordinance regulating the collection, conveyance, storage, treatment, and disposal of storm-water runoff in a manner intended to prevent increased flood damage, streambank channel erosion,

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habitat degradation, and water quality degradation and to enhance and promote the public health, safety, and general welfare. (6) 'Water supply reservoir' means a governmentally owned impoundment of water the primary purpose of which is to provide water to one or more governmentally owned public drinking water systems. Such term does not include any multipurpose reservoir owned by the United States Army Corps of Engineers. (7) 'Water supply watershed' means that portion of a watershed that is upstream of a water supply reservoir or governmentally owned public drinking water intake.
SECTION 2. Said article is further amended in Code Section 12-2-8, relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs as part of local government comprehensive plans, by striking subsections (b) and (d) and inserting in lieu thereof the following:
(b) The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-87.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of mountains, the protection of river corridors, the protection of watersheds of streams and reservoirs which are to be used for public water supply water supply watersheds, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2.
(d)(1) The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and water supply reservoirs, land development densities, and land use activities. The department may adopt differing minimum standards and procedures of watershed protection based on the size of the watershed whether a large water supply watershed or small water supply watershed is involved, the size or flow volume of the stream or water supply reservoir, and whether or not the actual use of the municipal water supply is existing or proposed.
(2)(A)(i) Nothing in such standards shall prohibit or be construed to prohibit the building of a single-family dwelling, including the usual appurtenances thereto, within that portion of a buffer area, if any, that is in addition to the minimum buffer area required under Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975,' subject to the following conditions:
(I) Such dwelling must be in compliance with all other local zoning regulations; (II) A septic tank or tanks serving such dwelling may be located in said additional buffer area but the drainfield for any such tank or tanks must be outside said area; and

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(III) Any such dwelling must be located on a tract containing at least two acres of land and there shall be only one such dwelling on each such two-acre or larger tract. (ii) Except as expressly provided otherwise in division (i) of this subparagraph, septic tanks and septic tank drainfields shall be prohibited within such additional buffer area. (iii) Such standards shall provide for encroachments into the additional buffer area as needed for the construction of public roads and public utility crossings of such additional buffer areas, provided that such encroachments meet all applicable requirements of Chapter 7 of this title. (B) Any minimum standards and procedures adopted by the department under subsection (b) of this Code section that provide for buffers along streams or water supply reservoirs that are in addition to those minimum buffers required by Chapter 7 of this title shall provide for a variance from such additional buffer requirements. On or before December 31, 2006, the Board of Natural Resources shall adopt rules and regulations that contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules and regulations. Such rules and regulations shall provide, at a minimum, that the director shall consider granting a variance in the following circumstances: (i) Where a proposed land disturbing activity within the additional buffer would require the landowner to acquire a permit from the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a mitigation plan to be implemented as a condition of such a permit; (ii) Where the landowner provides a plan satisfactory to the director that shows that, even with the proposed land disturbing activity within the additional buffer, the completed project will result in maintained or improved water quality downstream of the project; or (iii) Where a project with a proposed land disturbing activity within the additional buffer is located in or upstream and within ten linear miles of a stream segment listed as impaired under Section 303(d) of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1313(d) and the landowner provides a plan satisfactory to the director that shows that the completed project will result in maintained or improved water quality in such listed stream segment and that the project has no adverse impact relative to the pollutants of concern in such stream segment. All projects covered under divisions (i), (ii), and (iii) of this subparagraph shall meet all criteria set forth in rules and regulations for specific variance criteria adopted by the board by December 31, 2006. (C) In lieu of complying with minimum standards and procedures for buffers along streams and water supply reservoirs in small water supply watersheds as adopted by the department under subsection (b) of this Code section that provide for buffers

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along streams or water supply reservoirs in addition to those minimum buffers required by Chapter 7 of this title, a local government may adopt a storm-water management ordinance applicable to perennial streams in that portion of a small water supply watershed that lies within a seven mile radius upstream of a water supply reservoir or governmentally owned public drinking water intake and which ordinance is approved by the department as protecting water quality in the small water supply watershed to an extent equal to or better than that protection afforded by such minimum standards and procedures for buffers along streams and water supply reservoirs. The department shall develop a model storm-water management ordinance for local governments and shall establish standards and procedures for monitoring water quality for purposes of this subparagraph. (D) This paragraph shall not apply to counties and municipalities within the Metropolitan North Georgia Water Planning District under Article 10 of Chapter 5 of this title.
SECTION 3. For purposes of promulgating rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; for all other purposes, this Act shall become effective on July 1, 2006.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown
Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks
Hudgens Y Johnson
Jones Y Kemp N Me V Bremen N Miles N Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton Y Stephens N Stoner Y Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C E Thompson,S Y Tolleson E Unterman

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Y Grant Y Hamrick N Harbison N Harp Y Heath N Henson

N Reed Rogers
Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 33, nays 16.

SB 510, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

Senator John Bulloch District 11 110 State Capitol Atlanta, GA 30334

Committees: Agriculture and Consumer Affairs Natural Resources and the Environment Appropriations Banking and Financial Institutions

The State Senate Atlanta, Georgia 30334

My machine did not register my vote on SB 510. I voted yes (Green).

/s/ John Bulloch District 11

Senator Chip Rogers District 21 314-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Reapportionment and Redistricting Economic Development Finance Insurance and Labor

The State Senate Atlanta, Georgia 30334
I intended to support SB 510.
/s/ Chip Rogers

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Senator Ralph Hudgens District 47 110 State Capitol Atlanta, GA 30334

JOURNAL OF THE SENATE
Committees: Insurance and Labor Agriculture and Consumer Affairs Banking and Financial Institutions Natural Resources and the Environment Retirement Reapportionment and Redistricting

March 8, 2006
Bob Ewing Secretary of the Senate
Dear Bob,

The State Senate Atlanta, Georgia 30334

I anticipated a long debate on Senate Bill 510 so I went to speak to a group of students from Athens Christian School. I missed the vote on Senate Bill 510 and wish to be recorded as a "Yes" vote.
Please feel free to contact me if you have any questions.
Sincerely,
/s/ Ralph Hudgens

The Calendar was resumed.

SB 64. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The Senate Rules Committee offered the following substitute to SB 64:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to provide for an exception to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to provide motorists an opportunity to continue to drive until a reasonably safe location for stopping is reached when being stopped by a law enforcement officer in a marked vehicle; to provide for specific procedures therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, is amended by striking the Code section and inserting in lieu thereof a new Code Section 40-1-7 to read as follows:
40-1-7. Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to a law enforcement officer operating a vehicle marked in accordance with Code Section 40-891, with flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle, and which also has an illuminating agency identifier reasonably visible to a driver of a vehicle subject to a traffic stop. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.
SECTION 2. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, is amended by adding immediately following subsection (d) new subsections (e) and (f) to read as follows:

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(e) Whenever a motorist driving on the roadways of this state is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehicles flashing lights. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit but in no event shall he or she exceed a speed of 50 miles per hour. (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S
Tolleson E Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath N Henson

Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 2.

SB 64, having received the requisite constitutional majority, was passed by substitute.

Senator Heath of the 31st recognized the Bremen High School Varsity Cheerleading Squad, commended by SR 653, adopted previously.

Senator Heath of the 31st recognized the cast and crew of the Bremen High School One Act Competition Play, commended by SR 693, adopted previously.

Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

The Calendar was resumed.

SB 349. By Senators Thomas of the 54th, Thomas of the 2nd, Butler of the 55th, Seay of the 34th and Moody of the 56th:

A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health of students in elementary and secondary education, so as to require that parents and guardians of students are provided with information about meningococcal meningitis and its associated vaccine or vaccines at the beginning of every school year; to provide for the development of sample educational materials by the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver

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Y Carter Y Chance
Chapman Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 349, having received the requisite constitutional majority, was passed.

Senator Bulloch of the 11th recognized representatives of "Peanut Butter and Jelly Day," commended by SR 963, adopted previously.

The Calendar was resumed.

SB 380. By Senators Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Tolleson of the 20th, Cagle of the 49th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the O.C.G.A, relating to agricultural commodity commissions generally, so as to make certain provisions for an agricultural commodity commission for equines; to change certain provisions relating to definitions relative to said article; to change certain provisions relating to composition, appointments, terms of office, and compensation of commodity commission members, certification of membership to the Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to change certain provisions relating to authorization for issuance of marketing orders, notice, public hearing, record, reports from handlers, compilation of lists of producers and handlers, and use of information in reports; to repeal conflicting laws; and for other purposes.

The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 380:

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A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodities Commission for Equines; to define certain terms; to provide for supervision; to provide for the commission and its members; to provide for officers and quorums; to provide for funds of the commission; to provide certain immunity; to provide for cooperation; to provide for hearings; to provide for marketing orders; to provide for amendments; to provide for administration of funds; to provide an exception; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the Georgia equine industry; to provide for revenue to go to the Agricultural Commodities Commission for Equines; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, is amended by striking Code Section 2-8-10, relating to nonapplicability of Article 2 of said chapter, and inserting in lieu thereof the following:
2-8-10.
This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13; nor shall this article apply to the Agricultural Commodities Commission for Equines provided for in Article 4 of this chapter.

SECTION 2. Said chapter is further amended by adding a new article to read as follows:
ARTICLE 5 2-8-120. This article shall apply only to the Agricultural Commodities Commission for Equines.
2-8-121. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted

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meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of equines to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any equines. (2) 'Commission' means the Agricultural Commodities Commission for Equines created under this article. (3) 'Equine' means any member of the Equidae family, including horses, mules, hinnies, and asses. (4) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (5) 'Producer' means any person who owns one or more equines or is engaged within this state in the business of buying, selling, boarding, holding, training, breeding, riding, pulling vehicles with, or otherwise utilizing equines for similar purposes.
2-8-122. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department.
2-8-123. There is created the Agricultural Commodities Commission for Equines.
2-8-124. (a) The commission shall be composed of:
(1) The Commissioner of Agriculture, ex officio; (2) The president of the Georgia Farm Bureau, ex officio; (3) One member elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those present concurring, who shall be a producer and shall not be a member of the General Assembly; (4) One member elected by the House of Representatives Committee on Agriculture and Consumer Affairs with a quorum present and a majority of those present concurring, who shall be a producer and shall not be a member of the General Assembly; and (5) Five additional members, all of whom shall be appointed by the members of the commission specified in paragraphs (1) through (4) of this subsection. At least four of such appointees shall be producers and at least one of such appointees shall be a member of the Georgia Horse Council, Incorporated. (b) The initial two members elected by the agriculture and consumer affairs committees of the General Assembly shall be elected and qualification to take office for a term beginning on Janaury 1, 2007, and ending upon the election of their successors during the regular 2009 session of the General Assembly. Their successors shall be elected during the 2009 regular session of the General Assembly; and thereafter future

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successors shall be elected during each regular session of the General Assembly convening in odd-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairpersons of the Senate and House committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part. Such members shall serve from the date of their election until their successors are elected and qualified. (c) For purposes of the appointment of additional members of the commission as provided in this Code section, a list of nominees shall be requested from producers of equines. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment.
(d)(1) The members who are state officers shall be compensated as provided by law. Each such member shall be reimbursed by his or her respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of his or her duties. Each such member who is a state officer may designate a representative of his or her department to act for the officer in performing any duties under this article. (2) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government. (3) The appointive members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs. (f) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the

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commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (g) Any other provision of this article to the contrary notwithstanding, a member of any federation or organization of producers shall be eligible to be appointed as a member of the commission with respect to any equine produced by such federation or organization or handled by it for its members who produce it. (h) The commission is authorized to accept donations, gifts, grants, revenue derived from the sale of special license plates as otherwise provided by law, and other funds or property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (i) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, as members of the commission shall be entitled to vote on matters pertaining to the organization of the commission and upon the selection and nomination of the appointive members of the commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the commission nor shall they be entitled to vote upon the expenditure of any funds of the commission. (j) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law.
2-8-125. The commission, with its name annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of each the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Commissioner or some other person qualified to administer oaths. The fact of a members appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.

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2-8-126. The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioiner shall disburse funds of the commission only upon the written authorization of the commission.
2-8-127. Funds received by the Commissioner under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
2-8-128. Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands.
2-8-129. The members and employees of the commission and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, distributor, or other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-130. The Commissioner and the commission are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-131. (a) The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders.
(b)(1) Whenever the Commissioner has reason to believe that the issuance of a

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marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any equines, he or she shall, either upon his or her own motion, upon the motion of the commission, or upon the application of any producer, or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing.
2-8-132. If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-131 and the facts officially noticed therein, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any one or more of the following provisions, but no others:
(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for equine grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of equines to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of equines, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of equines without reference to a particular producer or breed; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims on behalf of any equines or disparages the quality, value, sale, or use of any other

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agricultural commodity; (2) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of equines or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the Commissioner and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Such projects shall be carried out by postsecondary educational institutions or private organizations selected by the commission; (3) Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about the equine industry and its associated issues.
2-8-133. (a)(1) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in the Commissioners or the commissions opinion the substance of such minor amendments so warrants. (2) In making effective major amendments to a marketing order, the Commissioner or the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (A) Authority for the establishment of plans for advertising and sales promotion of equines; or (B) Authority for carrying out research studies in the production or distribution of equines. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order.
(b) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the Department of Agriculture; and a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. (c) The Commissioner or the commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued pursuant to this article as may be necessary to facilitate the

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administration and enforcement of such marketing orders. The provisions of subsection (b) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation. (d) Upon the recommendation of the commission, the Commissioner shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (b) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (e) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension.
2-8-134. Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class.
2-8-135. (a) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated funds due to the commission as otherwise provided by law and applicable to such respective provisions. (b) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from any funds due to the commission as otherwise provided by law, the Commissioner is authorized to receive and disburse for such purposes contributions made by producers or distributors. Neither the commission nor the Commissioner shall be held responsible for the repayment of such contributions, provided that whenever collections from the payment of any funds due to the commission and credited to the respective marketing order accounts are sufficient so to warrant, the commission shall recommend and the Commissioner shall repay contributions. (c) Any moneys collected by the commission or the Commissioner pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the

WEDNESDAY, MARCH 8, 2006

1501

commission and the Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the commission. If ever the commission is abolished by law, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds. (d) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine that such investments comply with this Code section.

SECTION 3. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.18 to read as follows:
40-2-86.18.
(a) The commissioner, in cooperation with supporters of this license plate, shall design a special license plate to be issued promoting the Georgia equine industry. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. It shall not be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (b) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the license plates promoting the Georgia equine industry, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no

1502

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person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (c) Beginning on January 1, 2007, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued a license plate promoting the Georgia equine industry. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) An applicant may request a license plate promoting the Georgia equine industry any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate decals attached. (e) The additional $25.00 fee charged for the issuance and renewal of the license plates authorized under this Code section, less manufacturing costs incurred by the department and a $1.00 processing fee which shall be granted to the county tag office per plate sold, shall be exclusively dedicated for the purpose of supporting the Agricultural Commodities Commission for Equines. Such dedicated funds shall be paid to the Agricultural Commodities Commission for Equines. Any funds paid to the Agricultural Commodities Commission for Equines pursuant to this Code section shall not lapse. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2007, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (g) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (h) Support the Georgia equine industry license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80.

WEDNESDAY, MARCH 8, 2006

1503

(i) Support the Georgia equine industry license plates shall be issued within 30 days of application.

SECTION 4. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to support the Agricultural Commodities Commission for Equines is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, and no such motor vehicle license plates shall be issued pursuant to this Act.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead

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JOURNAL OF THE SENATE

Y Harbison Harp
Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

SB 380, having received the requisite constitutional majority, was passed by substitute.

Senator Kemp of the 46th introduced Lanny Finch, commended by SR 874, adopted previously. Mr. Finch addressed the Senate briefly.

The following bill was taken up to consider the Conference Committee Report thereto:

HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).

The Conference Committee Report was as follows:

The Committee of Conference on HB 1026 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1026 be adopted.

Respectfully submitted,
FOR THE SENATE:
/s/ Senator Hill of the 4th /s/ Senator Stephens of the 27th /s/ Senator Williams of the 19th

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Representative Harbin of the 118th /s/ Representative Keen of the 179th /s/ Representative Burkhalter of the 50th

WEDNESDAY, MARCH 8, 2006

1505

CONFERENCE COMMITTEE SUBSTITUTE TO H.B.1026 A BILL TO BE ENTITLED AN ACT
To amend an Act providing appropriations for the State Fiscal Year 2005-2006 known as the "General Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), so as to change certain appropriations for the State Fiscal Year 2005-2006; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act providing appropriations for the State Fiscal Year 2005-2006, as amended, known as the "General Appropriations

Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), is further amended by striking everything following the enacting

clause through Section 59, and by substituting in lieu thereof the following: That the sums of money hereinafter provided

are appropriated for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006:

H.B. 1026

Governor House

Senate

CC

Revenue Sources Available for Appropriation TOTAL STATE FUNDS
Brain and Spinal Injury Trust Fund Lottery Proceeds State Motor Fuel Funds Revenue Shortfall Reserve for K-12 Needs State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Mental Health Services Block Grant Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205

$17,850,546,801 $3,000,000
$811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $8,851,355,116 $76,426,261 $74,410,706 $13,063,235 $17,185,183 $2,056,585,236 $742,002,072

$17,850,546,801 $3,000,000
$811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $8,848,580,193 $76,426,261 $74,410,706 $13,063,235 $17,185,183 $2,056,587,984 $742,002,072

$17,850,546,801 $3,000,000
$811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $9,264,317,574 $76,426,261 $74,410,706 $13,063,235 $17,185,183 $2,509,986,081 $742,451,325

$17,850,546,801 $3,000,000
$811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $9,284,703,508 $76,426,261 $74,410,706 $13,063,235 $17,185,183 $2,516,516,739 $742,451,325

1506

JOURNAL OF THE SENATE

FHA Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant Social Services Block Grant CFDA 93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Block Grant CFDA 93.558
TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services

$357,997,928 $79,473,308 $19,957,242 $17,348,033 $4,585,068,585 $50,960,435

$357,997,928 $79,473,308 $19,957,242 $17,348,033 $4,581,790,914 $50,960,435

$357,997,928 $79,473,308 $19,957,242 $17,348,033 $4,534,831,259 $52,613,879

$357,997,928 $79,473,308 $19,957,242 $17,348,033 $4,555,528,014 $52,613,879

$4,203,960 $55,370,733 $182,483,580 $372,028,378 $318,725,882

$4,203,960 $55,370,733 $182,483,580 $372,028,378 $318,725,882

$5,258,723 $55,370,733 $182,483,580 $372,028,378 $351,913,870

$5,258,723 $55,370,733 $182,483,580 $372,028,378 $348,425,882

$23,602,496 $29,700,000 $146,790,241 $3,616,407,775 $66,715,877 $20,000,000 $46,715,877 $355,481,806 $355,481,806
$5,502,249 $5,502,249 $1,684,221,085 $1,684,221,085 $41,378,686 $41,378,686 $3,956,922 $3,956,922 $1,445,151,150

$23,602,496 $29,700,000 $146,790,241 $3,604,389,109 $66,715,877 $20,000,000 $46,715,877 $355,481,806 $355,481,806
$5,502,249 $5,502,249 $1,686,179,916 $1,686,179,916 $41,378,686 $41,378,686 $3,956,922 $3,956,922 $1,445,173,653

$20,114,508
$146,790,241 $3,732,850,534
$66,762,472 $20,000,000 $46,762,472 $362,757,150 $362,757,150
$6,889,192 $6,889,192 $1,702,850,836 $1,702,850,836 $55,798,416 $55,798,416 $7,021,687 $7,021,687 $1,530,623,838

$23,602,496
$146,790,241 $3,749,003,832
$66,762,472 $20,000,000 $46,762,472 $360,814,465 $360,814,465
$6,889,192 $6,889,192 $1,697,831,149 $1,697,831,149 $78,703,858 $78,703,858 $7,021,687 $7,021,687 $1,530,834,066

WEDNESDAY, MARCH 8, 2006
Sales and Services Not Itemized Sanctions, Fines, and Penalties
Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Retirement Payments Risk Management Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS
Changes in Fund Availability TOTAL STATE FUNDS
State Motor Fuel Funds Revenue Shortfall Reserve for K-12 Needs State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized

1507

$1,445,151,150
$2,767,288,615 $8,855,794 $601,308
$12,237,827 $657,795
$2,211,159,749 $21,006,280 $51,741,328 $1,612,810 $11,733,724 $545,598 $2,668,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363
$30,318,309,692

$1,445,173,653
$2,767,288,615 $8,855,794 $601,308
$12,237,827 $657,795
$2,211,159,749 $21,006,280 $51,741,328 $1,612,810 $11,733,724 $545,598 $2,668,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363
$30,303,516,103

$1,530,623,838
$2,787,090,583 $8,855,794 $681,308
$20,513,175 $657,795
$2,211,159,749 $31,028,280 $51,741,328 $1,626,310 $13,044,844 $545,598 $2,768,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363
$30,847,714,909

$1,530,834,066 $146,943 $146,943
$2,788,403,147 $8,855,794 $681,308
$20,475,712 $657,795
$2,211,159,749 $31,028,280 $51,741,328 $1,626,310 $13,044,844 $545,598 $2,768,981 $320,938,285 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363
$30,884,254,141

$444,640,208 $60,940,019 $158,139,967 $225,560,222 $92,821,288
$2,399,958 $6,943,284

$444,640,208 $60,940,019 $158,139,967 $225,560,222 $90,046,365
$2,399,958 $7,446,032

$444,640,208 $60,940,019 $158,139,967 $225,560,222 $447,165,654
$2,399,958 $422,085,181

$444,640,208 $60,940,019 $158,139,967 $225,560,222 $467,751,588
$2,399,958 $421,974,360

1508

JOURNAL OF THE SENATE

Federal Highway Administration Planning & Construction CFDA20.205
FHA Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Block Grant CFDA 93.558
TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized

($560,808)

($560,808)

($111,555)

($111,555)

$113,966 $32,881,752
$40,269 $47,284,420

$113,966 $32,881,752
$40,269 $44,006,749

$113,966 $32,881,752
$40,269 ($2,952,906)
$1,653,444

$113,966 $32,881,752
$40,269 $17,743,849
$1,653,444

$2,000 $3,716,447 $3,716,447

$2,000 $3,716,447 $3,716,447

$1,054,763 $2,000
$4,003,411 $37,191,399

$1,054,763 $2,000
$4,003,411 $33,703,411

($26,187,031)
$156,708,525 $156,708,525
($131,561,725) ($131,561,725)
($305,228) ($305,228) ($51,028,603) ($51,028,603)

($38,205,697) ($14,000,000) ($14,000,000) $156,708,525 $156,708,525
($129,602,894) ($129,602,894)
($305,228) ($305,228) ($51,006,100) ($51,006,100)

($3,487,988) ($29,700,000) ($14,004,629)
$91,255,728 ($13,953,405) ($13,953,405) $164,983,869 $164,983,869
$1,386,943 $1,386,943 ($112,931,974) ($112,931,974) $14,419,730 $14,419,730 $2,759,537 $2,759,537 $34,444,085 $34,444,085

($29,700,000) ($14,004,629) $107,229,026 ($13,953,405) ($13,953,405) $162,861,184 $162,861,184
$1,386,943 $1,386,943 ($117,951,661) ($117,951,661) $37,325,172 $37,325,172 $2,759,537 $2,759,537 $34,654,313 $34,654,313

WEDNESDAY, MARCH 8, 2006
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Administrative Hearing Payments Agency to Agency Contracts Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Retirement Payments
TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS
Community Mental Health Services Block Grant Federal Funds Not Itemized Low-Income Home Energy Assistance CFDA93.568 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Block Grant CFDA 93.558
Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Reserved Fund Balances
Reserved Fund Balances Not Itemized Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds

1509

$230,245,535
$232,118,461
$80,832 $6,300
$56,220 ($2,025,041)
$8,763 $741,520,000

$230,245,535
$232,118,461
$80,832 $6,300
$56,220 ($2,025,041)
$8,763 $726,726,411

$146,943 $146,943 $250,047,503
$80,000 $8,275,348 $232,118,461 $10,022,000
$94,332 $1,317,420
$156,220 ($2,025,041)
$8,763 $1,233,109,093

$146,943 $146,943 $251,360,067
$80,000 $8,237,885 $232,118,461 $10,022,000
$94,332 $1,317,420
$156,220 ($675,014)
$8,763 $1,270,980,889

$128,287,019 $222,813
$987,001 $286,964 $286,964

$128,287,019 $222,813
$987,001 $286,964 $286,964

$186,905,111 $222,813
$44,900,427 $987,001

$186,705,111 $222,813
$44,900,427 $987,001

$126,790,241 $126,790,241 $140,794,870 $140,794,870

$166,869,021 ($14,000,000) $166,869,021 $166,869,021

$166,869,021
$166,869,021 $166,869,021

$165,869,021
$165,869,021 $165,869,021

$166,049,021
$166,049,021 $166,049,021

Section Total - Continuation

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183 $9,715,183

1510

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$9,715,183

$9,715,183

$9,715,183

Section Total - Final

TOTAL STATE FUNDS

$9,715,183

$9,715,183

$9,715,183

State General Funds

$9,715,183

$9,715,183

$9,715,183

TOTAL PUBLIC FUNDS

$9,715,183

$9,715,183

$9,715,183

Lieutenant Governor's Office

Continuation Budget

TOTAL STATE FUNDS

$813,497

$813,497

$813,497

State General Funds

$813,497

$813,497

$813,497

TOTAL PUBLIC FUNDS

$813,497

$813,497

$813,497

1. Lieutenant Governor's Office

Appropriation (HB1026)

TOTAL STATE FUNDS

$813,497

$813,497

$813,497

State General Funds

$813,497

$813,497

$813,497

TOTAL PUBLIC FUNDS

$813,497

$813,497

$813,497

Secretary of the Senate's Office

Continuation Budget

TOTAL STATE FUNDS

$1,212,412

$1,212,412

$1,212,412

State General Funds

$1,212,412

$1,212,412

$1,212,412

TOTAL PUBLIC FUNDS

$1,212,412

$1,212,412

$1,212,412

2. Secretary of the Senate's Office

Appropriation (HB1026)

TOTAL STATE FUNDS

$1,212,412

$1,212,412

$1,212,412

State General Funds

$1,212,412

$1,212,412

$1,212,412

TOTAL PUBLIC FUNDS

$1,212,412

$1,212,412

$1,212,412

Senate

Continuation Budget

TOTAL STATE FUNDS

$6,689,602

$6,689,602

$6,689,602

State General Funds

$6,689,602

$6,689,602

$6,689,602

TOTAL PUBLIC FUNDS

$6,689,602

$6,689,602

$6,689,602

3. Senate

Appropriation (HB1026)

TOTAL STATE FUNDS

$6,689,602

$6,689,602

$6,689,602

State General Funds

$6,689,602

$6,689,602

$6,689,602

TOTAL PUBLIC FUNDS

$6,689,602

$6,689,602

$6,689,602

Senate Budget and Evaluation Office

Continuation Budget

The purpose is to provide budget development and evaluation expertise to the State Senate.

$9,715,183
$9,715,183 $9,715,183 $9,715,183
$813,497 $813,497 $813,497
$813,497 $813,497 $813,497
$1,212,412 $1,212,412 $1,212,412
$1,212,412 $1,212,412 $1,212,412
$6,689,602 $6,689,602 $6,689,602
$6,689,602 $6,689,602 $6,689,602

WEDNESDAY, MARCH 8, 2006

1511

TOTAL STATE FUNDS

$999,672

$999,672

$999,672

State General Funds

$999,672

$999,672

$999,672

TOTAL PUBLIC FUNDS

$999,672

$999,672

$999,672

4. Senate Budget and Evaluation Office

Appropriation (HB1026)

The purpose is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$999,672

$999,672

$999,672

State General Funds

$999,672

$999,672

$999,672

TOTAL PUBLIC FUNDS

$999,672

$999,672

$999,672

Section 2: Georgia House of Representatives

$999,672 $999,672 $999,672
$999,672 $999,672 $999,672

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS 5. House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

Section Total - Final

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

Continuation Budget

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

Appropriation (HB1026)

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615

$17,216,615 $17,216,615 $17,216,615
$17,216,615 $17,216,615 $17,216,615
$17,216,615 $17,216,615 $17,216,615
$17,216,615 $17,216,615 $17,216,615

Section Total - Continuation

$10,154,263

$10,154,263

$10,154,263

$10,154,263

$10,154,263

$10,154,263

$10,154,263

$10,154,263

$10,154,263

$10,154,263

$10,154,263

$10,154,263

1512

JOURNAL OF THE SENATE

Section Total - Final

TOTAL STATE FUNDS

$10,154,263

$10,154,263

$10,154,263

$10,154,263

State General Funds

$10,154,263

$10,154,263

$10,154,263

$10,154,263

TOTAL PUBLIC FUNDS

$10,154,263

$10,154,263

$10,154,263

$10,154,263

Ancillary Activities

Continuation Budget

The purpose is to provide services for the legislative branch of government.

TOTAL STATE FUNDS

$4,933,862

$4,933,862

$4,933,862

$4,933,862

State General Funds

$4,933,862

$4,933,862

$4,933,862

$4,933,862

TOTAL PUBLIC FUNDS

$4,933,862

$4,933,862

$4,933,862

$4,933,862

6. Ancillary Activities

Appropriation (HB1026)

The purpose is to provide services for the legislative branch of government.

TOTAL STATE FUNDS

$4,933,862

$4,933,862

$4,933,862

$4,933,862

State General Funds

$4,933,862

$4,933,862

$4,933,862

$4,933,862

TOTAL PUBLIC FUNDS

$4,933,862

$4,933,862

$4,933,862

$4,933,862

Legislative Fiscal Office

Continuation Budget

The purpose is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of

legislative expenditures and commitments.

TOTAL STATE FUNDS

$2,209,558

$2,209,558

$2,209,558

$2,209,558

State General Funds

$2,209,558

$2,209,558

$2,209,558

$2,209,558

TOTAL PUBLIC FUNDS

$2,209,558

$2,209,558

$2,209,558

$2,209,558

7. Legislative Fiscal Office

Appropriation (HB1026)

The purpose is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of

legislative expenditures and commitments.

TOTAL STATE FUNDS

$2,209,558

$2,209,558

$2,209,558

$2,209,558

State General Funds

$2,209,558

$2,209,558

$2,209,558

$2,209,558

TOTAL PUBLIC FUNDS

$2,209,558

$2,209,558

$2,209,558

$2,209,558

Office of Legislative Counsel

Continuation Budget

The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$3,010,843

$3,010,843

$3,010,843

$3,010,843

State General Funds

$3,010,843

$3,010,843

$3,010,843

$3,010,843

TOTAL PUBLIC FUNDS

$3,010,843

$3,010,843

$3,010,843

$3,010,843

WEDNESDAY, MARCH 8, 2006

1513

8. Office of Legislative Counsel

Appropriation (HB1026)

The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$3,010,843

$3,010,843

$3,010,843

$3,010,843

State General Funds

$3,010,843

$3,010,843

$3,010,843

$3,010,843

TOTAL PUBLIC FUNDS

$3,010,843

$3,010,843

$3,010,843

$3,010,843

Section 4: Audits and Accounts, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$30,095,144

$30,095,144

$30,095,144

$30,095,144

State General Funds

$30,095,144

$30,095,144

$30,095,144

$30,095,144

TOTAL PUBLIC FUNDS

$30,095,144

$30,095,144

$30,095,144

$30,095,144

Section Total - Final

TOTAL STATE FUNDS

$30,095,144

$29,814,719

$29,714,719

$29,714,719

State General Funds

$30,095,144

$29,814,719

$29,714,719

$29,714,719

TOTAL PUBLIC FUNDS

$30,095,144

$29,814,719

$29,714,719

$29,714,719

Departmental Administration

Continuation Budget

The purpose is to provide administrative support to all Department programs.

TOTAL STATE FUNDS

$1,596,639

$1,596,639

$1,596,639

$1,596,639

State General Funds

$1,596,639

$1,596,639

$1,596,639

$1,596,639

TOTAL PUBLIC FUNDS

$1,596,639

$1,596,639

$1,596,639

$1,596,639

9. Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support to all Department programs.

TOTAL STATE FUNDS

$1,596,639

$1,596,639

$1,596,639

$1,596,639

State General Funds

$1,596,639

$1,596,639

$1,596,639

$1,596,639

TOTAL PUBLIC FUNDS

$1,596,639

$1,596,639

$1,596,639

$1,596,639

Financial Audits

Continuation Budget

The purpose is to conduct financial and compliance audits of state entities, local boards of education, and healthcare

providers that participate in the State's Medicaid program; and review financial statements of local governments and non-

profit organizations.

TOTAL STATE FUNDS

$22,831,899

$22,831,899

$22,831,899

$22,831,899

State General Funds

$22,831,899

$22,831,899

$22,831,899

$22,831,899

TOTAL PUBLIC FUNDS

$22,831,899

$22,831,899

$22,831,899

$22,831,899

1514

JOURNAL OF THE SENATE

Changes in the Size of the Program

10.1 Reduce funds.

State General Funds

($280,425)

($380,425)

($380,425)

10. Financial Audits

Appropriation (HB1026)

The purpose is to conduct financial and compliance audits of state entities, local boards of education, and healthcare

providers that participate in the State's Medicaid program; and review financial statements of local governments and non-

profit organizations.

TOTAL STATE FUNDS

$22,831,899

$22,551,474

$22,451,474

$22,451,474

State General Funds

$22,831,899

$22,551,474

$22,451,474

$22,451,474

TOTAL PUBLIC FUNDS

$22,831,899

$22,551,474

$22,451,474

$22,451,474

Information Systems Audits

Continuation Budget

The purpose is to provide independent information systems audits, reviews, and vulnerability assessments and to provide

information systems audit guidance and support to other operations within the Department.

TOTAL STATE FUNDS

$1,076,951

$1,076,951

$1,076,951

$1,076,951

State General Funds

$1,076,951

$1,076,951

$1,076,951

$1,076,951

TOTAL PUBLIC FUNDS

$1,076,951

$1,076,951

$1,076,951

$1,076,951

11. Information Systems Audits

Appropriation (HB1026)

The purpose is to provide independent information systems audits, reviews, and vulnerability assessments and to provide

information systems audit guidance and support to other operations within the Department.

TOTAL STATE FUNDS

$1,076,951

$1,076,951

$1,076,951

$1,076,951

State General Funds

$1,076,951

$1,076,951

$1,076,951

$1,076,951

TOTAL PUBLIC FUNDS

$1,076,951

$1,076,951

$1,076,951

$1,076,951

Legislative Services

Continuation Budget

The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures

and provide fiscal note services.

TOTAL STATE FUNDS

$110,575

$110,575

$110,575

$110,575

State General Funds

$110,575

$110,575

$110,575

$110,575

TOTAL PUBLIC FUNDS

$110,575

$110,575

$110,575

$110,575

12. Legislative Services

Appropriation (HB1026)

The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures

and provide fiscal note services.

WEDNESDAY, MARCH 8, 2006

1515

TOTAL STATE FUNDS

$110,575

$110,575

$110,575

$110,575

State General Funds

$110,575

$110,575

$110,575

$110,575

TOTAL PUBLIC FUNDS

$110,575

$110,575

$110,575

$110,575

Performance Audits

Continuation Budget

The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance

with laws and rules.

TOTAL STATE FUNDS

$2,426,566

$2,426,566

$2,426,566

$2,426,566

State General Funds

$2,426,566

$2,426,566

$2,426,566

$2,426,566

TOTAL PUBLIC FUNDS

$2,426,566

$2,426,566

$2,426,566

$2,426,566

13. Performance Audits

Appropriation (HB1026)

The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance

with laws and rules.

TOTAL STATE FUNDS

$2,426,566

$2,426,566

$2,426,566

$2,426,566

State General Funds

$2,426,566

$2,426,566

$2,426,566

$2,426,566

TOTAL PUBLIC FUNDS

$2,426,566

$2,426,566

$2,426,566

$2,426,566

Statewide Equalized Adjusted Property Tax Digest

Continuation Budget

The purpose is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in

allocating State funds for public school systems.

TOTAL STATE FUNDS

$2,052,514

$2,052,514

$2,052,514

$2,052,514

State General Funds

$2,052,514

$2,052,514

$2,052,514

$2,052,514

TOTAL PUBLIC FUNDS

$2,052,514

$2,052,514

$2,052,514

$2,052,514

14. Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB1026)

The purpose is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in

allocating State funds for public school systems.

TOTAL STATE FUNDS

$2,052,514

$2,052,514

$2,052,514

$2,052,514

State General Funds

$2,052,514

$2,052,514

$2,052,514

$2,052,514

TOTAL PUBLIC FUNDS

$2,052,514

$2,052,514

$2,052,514

$2,052,514

Section 5: Appeals, Court of

Section Total - Continuation

TOTAL STATE FUNDS

$12,537,586

$12,537,586

$12,537,586

$12,537,586

State General Funds

$12,537,586

$12,537,586

$12,537,586

$12,537,586

1516

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$12,627,586

$12,627,586

$12,627,586

$12,627,586

Section Total - Final

TOTAL STATE FUNDS

$13,707,520

$14,057,520

$13,707,520

$13,957,520

State General Funds

$13,707,520

$14,057,520

$13,707,520

$13,957,520

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$13,797,520

$14,147,520

$13,797,520

$14,047,520

Court of Appeals

Continuation Budget

The purpose of this court is to review and exercise appellate and certiorari jurisdiction in all cases not reserved to the

Supreme Court or conferred on other courts by law.

TOTAL STATE FUNDS

$12,537,586

$12,537,586

$12,537,586

$12,537,586

State General Funds

$12,537,586

$12,537,586

$12,537,586

$12,537,586

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

$90,000

Sales and Services Not Itemized

$90,000

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$12,627,586

$12,627,586

$12,627,586

$12,627,586

Changes in Operations / Administration

15.1 Provide additional funding due to adjusted contractual price for legal online research ($7,745), new GTA charge

to PeopleSoft agencies ($6,588), and increased software license and maintenance fees ($13,665).

State General Funds

$27,998

$27,998

$27,998

$27,998

15.2 Increase in Rent.

State General Funds

$49,622

$49,622

$49,622

$49,622

One-Time Expense

15.3 Provide funding for relocation and renovation of office space for administrative offices ($512,619) in the Health

Building and three judges' offices ($563,881) in the Judicial Building.

State General Funds

$1,076,500

$1,076,500

$1,076,500

$1,076,500

15.5 Provide funding for security cameras.

State General Funds

$350,000

$0

$250,000

WEDNESDAY, MARCH 8, 2006

1517

Changes in the Size of the Program

15.4 Provide additional funds to cover Merit System Assessments and drug testing for staff.

State General Funds

$15,814

$15,814

$15,814

$15,814

15. Court of Appeals

Appropriation (HB1026)

The purpose of this court is to review and exercise appellate and certiorari jurisdiction in all cases not reserved to the

Supreme Court or conferred on other courts by law.

TOTAL STATE FUNDS

$13,707,520

$14,057,520

$13,707,520

$13,957,520

State General Funds

$13,707,520

$14,057,520

$13,707,520

$13,957,520

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

$90,000

Sales and Services Not Itemized

$90,000

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$13,797,520

$14,147,520

$13,797,520

$14,047,520

Section 6: Judicial Council

Section Total - Continuation

TOTAL STATE FUNDS

$13,176,292

$13,176,292

$13,176,292

$13,176,292

State General Funds

$13,176,292

$13,176,292

$13,176,292

$13,176,292

TOTAL PUBLIC FUNDS

$13,176,292

$13,176,292

$13,176,292

$13,176,292

Section Total - Final

TOTAL STATE FUNDS

$13,307,498

$13,307,498

$12,597,498

$13,076,498

State General Funds

$13,307,498

$13,307,498

$12,597,498

$13,076,498

TOTAL FEDERAL FUNDS

$235,282

$235,282

$2,591,770

$2,591,770

Federal Funds Not Itemized

$235,282

$235,282

$2,258,437

$2,258,437

Prevention & Treatment of Substance Abuse Block Grant

$333,333

$333,333

CFDA93.959

TOTAL AGENCY FUNDS

$633,460

$633,460

Sales and Services

$633,460

$633,460

TOTAL PUBLIC FUNDS

$13,542,780

$13,542,780

$15,822,728

$16,301,728

Georgia Office of Dispute Resolution

Continuation Budget

The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

TOTAL STATE FUNDS

$362,494

$362,494

$362,494

$362,494

State General Funds

$362,494

$362,494

$362,494

$362,494

1518

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$362,494

$362,494

$362,494

$362,494

Changes in the Size of the Program

16.1 Recognize agency funds collected from conference and registration fees.

Sales and Services Not Itemized

$189,640

$189,640

16. Georgia Office of Dispute Resolution

Appropriation (HB1026)

The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

TOTAL STATE FUNDS

$362,494

$362,494

$362,494

$362,494

State General Funds

$362,494

$362,494

$362,494

$362,494

TOTAL AGENCY FUNDS

$189,640

$189,640

Sales and Services

$189,640

$189,640

Sales and Services Not Itemized

$189,640

$189,640

TOTAL PUBLIC FUNDS

$362,494

$362,494

$552,134

$552,134

Institute of Continuing Judicial Education

Continuation Budget

The purpose is to provide basic training and continuing education to elected officials, court support personnel and

volunteer agents of the State's judicial branch.

TOTAL STATE FUNDS

$1,126,382

$1,126,382

$1,126,382

$1,126,382

State General Funds

$1,126,382

$1,126,382

$1,126,382

$1,126,382

TOTAL PUBLIC FUNDS

$1,126,382

$1,126,382

$1,126,382

$1,126,382

Changes in the Size of the Program

17.1 Provide funding for personal security summit, a course which provides training specifically on the steps that judges

and court personnel should themselves take to enhance their own security situations. (S and CC: Look for other

alternatives at no cost)

State General Funds

$10,000

$10,000

$0

$0

17.2 Recognize agency funds collected from magistrate tuition, municipal tuition, and registration fees.

Sales and Services Not Itemized

$214,326

$214,326

17. Institute of Continuing Judicial Education

Appropriation (HB1026)

The purpose is to provide basic training and continuing education to elected officials, court support personnel and

volunteer agents of the State's judicial branch.

TOTAL STATE FUNDS

$1,136,382

$1,136,382

$1,126,382

$1,126,382

State General Funds

$1,136,382

$1,136,382

$1,126,382

$1,126,382

TOTAL AGENCY FUNDS

$214,326

$214,326

WEDNESDAY, MARCH 8, 2006

1519

Sales and Services

$214,326

$214,326

Sales and Services Not Itemized

$214,326

$214,326

TOTAL PUBLIC FUNDS

$1,136,382

$1,136,382

$1,340,708

$1,340,708

Judicial Council

Continuation Budget

The purpose is to consult with and assist judges, administrators, clerks of court, and other officers and employees of the

court pertaining to matters relating to court administration.

TOTAL STATE FUNDS

$10,629,370

$10,629,370

$10,629,370

$10,629,370

State General Funds

$10,629,370

$10,629,370

$10,629,370

$10,629,370

TOTAL PUBLIC FUNDS

$10,629,370

$10,629,370

$10,629,370

$10,629,370

Changes in the Size of the Program

18.1 Provide matching funds for new federal grant applied for to expand the Child Support Judicial Liaison program.

State General Funds

$121,206

$121,206

$121,206

$121,206

Federal Funds Not Itemized

$235,282

$235,282

$235,282

$235,282

TOTAL PUBLIC FUNDS

$356,488

$356,488

$356,488

$356,488

18.2 Recognize agency funds collected through foundation grants, document sales, registration fees, and miscellaneous

revenue.

Sales and Services Not Itemized

$229,494

$229,494

18.3 Adjust base budget to reflect non-itemized program adjustments over the past five years. Reduction in

Administration not direct services.

State General Funds

($700,000)

($221,000)

18.4 Recognize funds from federal grants to evaluate and improve the process of civil child abuse and neglect cases.

Federal Funds Not Itemized

$718,274

$718,274

18.5 Recognize funds received from federal grants to develop a web-based Uniform Traffic Citation Improvement

Program in Georgia courts to facilitate electronic transmission of traffic citation data to meet new federal

requirements.

Federal Funds Not Itemized

$157,600

$157,600

18.6 Recognize federal funds received for the National Highway Safety Demonstration Project to fund three pilot DUI

Courts.

Federal Funds Not Itemized

$200,000

$200,000

18.7 Recognize federal funds received to develop a data collection system for Juvenile Court performance measures.

Federal Funds Not Itemized

$200,000

$200,000

1520

JOURNAL OF THE SENATE

18.8 Recognize federal funds received for Drug Courts.

Federal Funds Not Itemized

$223,209

$223,209

18.9 Recognize federal funds received to provide classes in coping skills, anger management, family interaction and

communication, parenting and self-esteem for Juvenile Courts.

Federal Funds Not Itemized

$7,875

$7,875

18.10 Recognize federal funds to provide funding for an e-filing system to be developed to allow the Office of Child

Support Guidelines Commission to electronically file documents.

Federal Funds Not Itemized

$516,197

$516,197

18.11 Recognize federal funds to provide staffing for the Georgia Alliance for Drug Endangered Children.

Prevention & Treatment of Substance Abuse Block Grant

$333,333

$333,333

CFDA93.959

18. Judicial Council

Appropriation (HB1026)

The purpose is to consult with and assist judges, administrators, clerks of court, and other officers and employees of the

court pertaining to matters relating to court administration.

TOTAL STATE FUNDS

$10,750,576

$10,750,576

$10,050,576

$10,529,576

State General Funds

$10,750,576

$10,750,576

$10,050,576

$10,529,576

TOTAL FEDERAL FUNDS

$235,282

$235,282

$2,591,770

$2,591,770

Federal Funds Not Itemized

$235,282

$235,282

$2,258,437

$2,258,437

Prevention & Treatment of Substance Abuse Block Grant

$333,333

$333,333

CFDA93.959

TOTAL AGENCY FUNDS

$229,494

$229,494

Sales and Services

$229,494

$229,494

Sales and Services Not Itemized

$229,494

$229,494

TOTAL PUBLIC FUNDS

$10,985,858

$10,985,858

$12,871,840

$13,350,840

Judicial Qualifications Commission

Continuation Budget

The purpose is to discipline, remove, and cause involuntary retirement of judges.

TOTAL STATE FUNDS

$258,046

$258,046

$258,046

$258,046

State General Funds

$258,046

$258,046

$258,046

$258,046

TOTAL PUBLIC FUNDS

$258,046

$258,046

$258,046

$258,046

19. Judicial Qualifications Commission

Appropriation (HB1026)

The purpose is to discipline, remove, and cause involuntary retirement of judges.

WEDNESDAY, MARCH 8, 2006

1521

TOTAL STATE FUNDS

$258,046

$258,046

$258,046

$258,046

State General Funds

$258,046

$258,046

$258,046

$258,046

TOTAL PUBLIC FUNDS

$258,046

$258,046

$258,046

$258,046

Resource Center

Continuation Budget

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

$800,000

20. Resource Center

Appropriation (HB1026)

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

$800,000

Section 7: Juvenile Courts

Section Total - Continuation

TOTAL STATE FUNDS

$6,233,940

$6,233,940

$6,233,940

$6,233,940

State General Funds

$6,233,940

$6,233,940

$6,233,940

$6,233,940

TOTAL PUBLIC FUNDS

$6,233,940

$6,233,940

$6,233,940

$6,233,940

Section Total - Final

TOTAL STATE FUNDS

$6,292,039

$6,292,039

$6,292,039

$6,292,039

State General Funds

$6,292,039

$6,292,039

$6,292,039

$6,292,039

TOTAL FEDERAL FUNDS

$1,102,706

$1,102,706

Federal Funds Not Itemized

$1,102,706

$1,102,706

TOTAL PUBLIC FUNDS

$6,292,039

$6,292,039

$7,394,745

$7,394,745

Council of Juvenile Court Judges

Continuation Budget

The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children

includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS

$1,519,101

$1,519,101

$1,519,101

$1,519,101

State General Funds

$1,519,101

$1,519,101

$1,519,101

$1,519,101

TOTAL PUBLIC FUNDS

$1,519,101

$1,519,101

$1,519,101

$1,519,101

1522

JOURNAL OF THE SENATE

Changes in Operations / Administration

21.1 Transfer funds to Grants to Counties for Juvenile Court Judges to properly place funds for new judgeships created

in HB85.

State General Funds

($41,603)

($41,603)

Changes in the Size of the Program

21.2 Recognize federal funds for the purchase of services for juvenile offenders that provides alternatives to institutional

treatment and hopes to reduce formal court involvement, recidivism rates, and incarceration of minors.

Federal Funds Not Itemized

$1,102,706

$1,102,706

21. Council of Juvenile Court Judges

Appropriation (HB1026)

The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children

includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS

$1,519,101

$1,519,101

$1,477,498

$1,477,498

State General Funds

$1,519,101

$1,519,101

$1,477,498

$1,477,498

TOTAL FEDERAL FUNDS

$1,102,706

$1,102,706

Federal Funds Not Itemized

$1,102,706

$1,102,706

TOTAL PUBLIC FUNDS

$1,519,101

$1,519,101

$2,580,204

$2,580,204

Grants to Counties for Juvenile Court Judges

Continuation Budget

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$4,714,839

$4,714,839

$4,714,839

$4,714,839

State General Funds

$4,714,839

$4,714,839

$4,714,839

$4,714,839

TOTAL PUBLIC FUNDS

$4,714,839

$4,714,839

$4,714,839

$4,714,839

Changes in Operations / Administration

22.1 Provide funding for increased request from Toombs County to increase judge days from two days to three days per

week.

State General Funds

$10,430

$10,430

$10,430

$10,430

22.2 Provide funding for salary supplements as required by HB334.

State General Funds

$47,669

$47,669

$47,669

$47,669

22.3 Transfer funds from Council of Juvenile Court Judges to properly place funds for new judgeships created in HB85.

State General Funds

$41,603

$41,603

22. Grants to Counties for Juvenile Court Judges

Appropriation (HB1026)

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

WEDNESDAY, MARCH 8, 2006

1523

TOTAL STATE FUNDS

$4,772,938

$4,772,938

$4,814,541

$4,814,541

State General Funds

$4,772,938

$4,772,938

$4,814,541

$4,814,541

TOTAL PUBLIC FUNDS

$4,772,938

$4,772,938

$4,814,541

$4,814,541

Section 8: Prosecuting Attorneys

Section Total - Continuation

TOTAL STATE FUNDS

$43,925,448

$43,925,448

$43,925,448

$43,925,448

State General Funds

$43,925,448

$43,925,448

$43,925,448

$43,925,448

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$1,767,046

$1,767,046

Sales and Services

$1,767,046

$1,767,046

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$45,692,494

$45,692,494

$45,692,494

$45,692,494

Section Total - Final

TOTAL STATE FUNDS

$51,014,615

$49,964,615

$49,409,578

$49,409,578

State General Funds

$51,014,615

$49,964,615

$49,409,578

$49,409,578

TOTAL FEDERAL FUNDS

$2,260,495

$2,151,046

Federal Funds Not Itemized

$2,260,495

$2,151,046

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$4,004,800

$4,004,800

Intergovernmental Transfers

$4,004,800

$4,004,800

Sales and Services

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$52,781,661

$51,731,661

$55,674,873

$55,565,424

District Attorneys

Continuation Budget

The District Attorney represents the State of Georgia in the trial and appeal of felony criminal cases in the Superior Court

for the judicial circuit and delinquency cases in the juvenile courts.

TOTAL STATE FUNDS

$39,495,618

$39,495,618

$39,495,618

$39,495,618

State General Funds

$39,495,618

$39,495,618

$39,495,618

$39,495,618

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$1,767,046

$1,767,046

Sales and Services

$1,767,046

$1,767,046

$1,767,046

$1,767,046

Sales and Services Not Itemized

$1,767,046

$1,767,046

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$41,262,664

$41,262,664

$41,262,664

$41,262,664

Changes in Operations / Administration

23.1 Provide funds for one month of payroll.

State General Funds

$3,506,460

$2,972,720

$2,972,720

$2,972,720

1524

JOURNAL OF THE SENATE

23.2 Provide funds for steps and promotions for January through June 2006.

State General Funds

$549,699

$549,699

$549,699

$549,699

23.3 Provide funds for 2% pay raise effective January 2006.

State General Funds

$421,046

$421,046

$421,046

$421,046

23.4 Provide funds for operating for two months.

State General Funds

$357,634

$357,634

$357,634

$357,634

Changes in How the Program is Funded

23.9 Change base budget in agency funds to correct fund source type.

Federal Funds Not Itemized

$1,767,046

$1,767,046

Sales and Services Not Itemized

($1,767,046)

($1,767,046)

TOTAL PUBLIC FUNDS

$0

$0

Changes in the Size of the Program

23.5 Provide funds for five additional Assistant District Attorneys due to additional judgeships in Flint, Appalachian,

Gwinnett, Southern, and Cherokee circuits.

State General Funds

$194,145

$0

$0

$0

23.6 Provide funds for seven additional Victim Advocates.

State General Funds

$148,131

$0

$0

$0

23.7 Recognize funds.

Federal Funds Not Itemized

$493,449

$0

Intergovernmental Transfers Not Itemized

$4,004,800

$4,004,800

TOTAL PUBLIC FUNDS

$4,498,249

$4,004,800

23.8 Transfer funds to Prosecuting Attorney's Council to properly place funds for the Capital Litigation Division

created in HB85.

State General Funds

($300,000)

($300,000)

23. District Attorneys

Appropriation (HB1026)

The District Attorney represents the State of Georgia in the trial and appeal of felony criminal cases in the Superior Court

for the judicial circuit and delinquency cases in the juvenile courts.

TOTAL STATE FUNDS

$44,672,733

$43,796,717

$43,496,717

$43,496,717

State General Funds

$44,672,733

$43,796,717

$43,496,717

$43,496,717

TOTAL FEDERAL FUNDS

$2,260,495

$1,767,046

Federal Funds Not Itemized

$2,260,495

$1,767,046

WEDNESDAY, MARCH 8, 2006

1525

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$4,004,800

$4,004,800

Intergovernmental Transfers

$4,004,800

$4,004,800

Intergovernmental Transfers Not Itemized

$4,004,800

$4,004,800

Sales and Services

$1,767,046

$1,767,046

Sales and Services Not Itemized

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$46,439,779

$45,563,763

$49,762,012

$49,268,563

Prosecuting Attorney's Council

Continuation Budget

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$4,429,830

$4,429,830

$4,429,830

$4,429,830

State General Funds

$4,429,830

$4,429,830

$4,429,830

$4,429,830

TOTAL PUBLIC FUNDS

$4,429,830

$4,429,830

$4,429,830

$4,429,830

Changes in Operations / Administration

24.1 Provide funds for intern positions.

State General Funds

$83,160

$83,160

$83,160

$83,160

24.2 Provide funds for four months payroll.

State General Funds

$1,234,200

$1,234,200

$0

$0

24.3 Provide funds for operating for two months.

State General Funds

$326,165

$326,165

$0

$0

24.4 Provide funds for real estate increases.

State General Funds

$27,214

$27,214

$27,214

$27,214

24.5 Annualize the FY2005 Pay Raise of 2% effective January 2005.

State General Funds

$30,072

$30,072

$0

$0

24.6 Provide funds for the FY2006 pay raise of 2% effective January 2006.

State General Funds

$37,257

$37,257

$37,257

$37,257

24.9 Restore budget to HB85 level.

State General Funds

$1,035,400

$1,035,400

Changes in the Size of the Program

24.7 Provide for three positions in the capital litigation group - two attorneys and one investigator.

State General Funds

$173,984

$0

$0

$0

24.8 Transfer funds from District Attorneys to properly place funds for the Capital Litigation Division created in HB85.

State General Funds

$300,000

$300,000

1526

JOURNAL OF THE SENATE

24.10 Recognize federal funds.

Federal Funds Not Itemized

$384,000

TOTAL PUBLIC FUNDS

$384,000

24. Prosecuting Attorney's Council

Appropriation (HB1026)

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$6,341,882

$6,167,898

$5,912,861

$5,912,861

State General Funds

$6,341,882

$6,167,898

$5,912,861

$5,912,861

TOTAL FEDERAL FUNDS

$384,000

Federal Funds Not Itemized

$384,000

TOTAL PUBLIC FUNDS

$6,341,882

$6,167,898

$5,912,861

$6,296,861

Section 9: Public Defender Standards Council, Georgia

Section Total - Continuation

TOTAL STATE FUNDS

$42,079,060

$42,079,060

$42,079,060

$42,079,060

State General Funds

$42,079,060

$42,079,060

$42,079,060

$42,079,060

TOTAL AGENCY FUNDS

$1,972,832

$1,972,832

$1,972,832

$1,972,832

Interest and Investment Income

$1,972,832

$1,972,832

$1,972,832

$1,972,832

TOTAL PUBLIC FUNDS

$44,051,892

$44,051,892

$44,051,892

$44,051,892

Section Total - Final

TOTAL STATE FUNDS

$42,241,266

$40,241,266

$37,079,060

$37,079,060

State General Funds

$42,241,266

$40,241,266

$37,079,060

$37,079,060

TOTAL AGENCY FUNDS

$1,972,832

$1,972,832

$3,359,775

$3,359,775

Interest and Investment Income

$1,972,832

$1,972,832

$3,359,775

$3,359,775

TOTAL PUBLIC FUNDS

$44,214,098

$42,214,098

$40,438,835

$40,438,835

Public Defender Standards Council

Continuation Budget

The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices

including all training. The Standards Council also represents persons charged with the death penalty after January 1,

2005, and provides training, assistance and direct representation in NGRI (Not Guilty by Reason of Insanity) cases.

TOTAL STATE FUNDS

$10,607,210

$10,607,210

$10,607,210

$10,607,210

State General Funds

$10,607,210

$10,607,210

$10,607,210

$10,607,210

TOTAL AGENCY FUNDS

$559,797

$559,797

$559,797

$559,797

Interest and Investment Income

$559,797

$559,797

$559,797

$559,797

WEDNESDAY, MARCH 8, 2006

1527

Interest and Investment Income Not Itemized

$559,797

$559,797

$559,797

$559,797

TOTAL PUBLIC FUNDS

$11,167,007

$11,167,007

$11,167,007

$11,167,007

Changes in the Size of the Program

25.1 Reduce operating funds.

State General Funds

($2,000,000)

($2,000,000)

25.2 Recognize funds collected from the Clerk and Sheriffs Interest Fund.

Interest and Investment Income Not Itemized

$329,989

$329,989

25. Public Defender Standards Council

Appropriation (HB1026)

The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices

including all training. The Standards Council also represents persons charged with the death penalty after January 1,

2005, and provides training, assistance and direct representation in NGRI (Not Guilty by Reason of Insanity) cases.

TOTAL STATE FUNDS

$10,607,210

$10,607,210

$8,607,210

$8,607,210

State General Funds

$10,607,210

$10,607,210

$8,607,210

$8,607,210

TOTAL AGENCY FUNDS

$559,797

$559,797

$889,786

$889,786

Interest and Investment Income

$559,797

$559,797

$889,786

$889,786

Interest and Investment Income Not Itemized

$559,797

$559,797

$889,786

$889,786

TOTAL PUBLIC FUNDS

$11,167,007

$11,167,007

$9,496,996

$9,496,996

Public Defenders

Continuation Budget

The purpose is to assure that adequate and effective legal representation is provided, independently of political

considerations or private interests, to indigent persons who are entitled to representation under this chapter.

TOTAL STATE FUNDS

$31,471,850

$31,471,850

$31,471,850

$31,471,850

State General Funds

$31,471,850

$31,471,850

$31,471,850

$31,471,850

TOTAL AGENCY FUNDS

$1,413,035

$1,413,035

$1,413,035

$1,413,035

Interest and Investment Income

$1,413,035

$1,413,035

$1,413,035

$1,413,035

Interest and Investment Income Not Itemized

$1,413,035

$1,413,035

$1,413,035

$1,413,035

TOTAL PUBLIC FUNDS

$32,884,885

$32,884,885

$32,884,885

$32,884,885

Changes in the Size of the Program

26.1 Provide additional funds for positions added in circuits for five new judgeships in Flint, Appalachian, Gwinnett,

Southern, and Cherokee circuits.

State General Funds

$162,206

$162,206

$0

$0

1528

JOURNAL OF THE SENATE

26.2 Reduce operating funds.

State General Funds

($2,000,000)

($3,000,000)

($3,000,000)

26.3 Recognize additional funds collected from the Interest On Lawyer Trust Accounts.

Interest and Investment Income Not Itemized

$1,056,954

$1,056,954

26. Public Defenders

Appropriation (HB1026)

The purpose is to assure that adequate and effective legal representation is provided, independently of political

considerations or private interests, to indigent persons who are entitled to representation under this chapter.

TOTAL STATE FUNDS

$31,634,056

$29,634,056

$28,471,850

$28,471,850

State General Funds

$31,634,056

$29,634,056

$28,471,850

$28,471,850

TOTAL AGENCY FUNDS

$1,413,035

$1,413,035

$2,469,989

$2,469,989

Interest and Investment Income

$1,413,035

$1,413,035

$2,469,989

$2,469,989

Interest and Investment Income Not Itemized

$1,413,035

$1,413,035

$2,469,989

$2,469,989

TOTAL PUBLIC FUNDS

$33,047,091

$31,047,091

$30,941,839

$30,941,839

Section 10: Superior Courts

Section Total - Continuation

TOTAL STATE FUNDS

$51,488,656

$51,488,656

$51,488,656

$51,488,656

State General Funds

$51,488,656

$51,488,656

$51,488,656

$51,488,656

TOTAL PUBLIC FUNDS

$51,488,656

$51,488,656

$51,488,656

$51,488,656

Section Total - Final

TOTAL STATE FUNDS

$52,371,465

$52,371,465

$52,371,465

$52,371,465

State General Funds

$52,371,465

$52,371,465

$52,371,465

$52,371,465

TOTAL PUBLIC FUNDS

$52,371,465

$52,371,465

$52,371,465

$52,371,465

Council of Superior Court Clerks

Continuation Budget

To assist superior court clerks throughout the state in the execution of their duties, and to promote and assist in their

training of the superior court clerks.

TOTAL STATE FUNDS

$144,925

$144,925

$144,925

$144,925

State General Funds

$144,925

$144,925

$144,925

$144,925

TOTAL PUBLIC FUNDS

$144,925

$144,925

$144,925

$144,925

27. Council of Superior Court Clerks

Appropriation (HB1026)

To assist superior court clerks throughout the state in the execution of their duties, and to promote and assist in their

training of the superior court clerks.

WEDNESDAY, MARCH 8, 2006

1529

TOTAL STATE FUNDS

$144,925

$144,925

$144,925

$144,925

State General Funds

$144,925

$144,925

$144,925

$144,925

TOTAL PUBLIC FUNDS

$144,925

$144,925

$144,925

$144,925

Council of Superior Court Judges

Continuation Budget

The purpose of the Council of Superior Court Judges is to further the improvement of the superior court and the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

$800,000

Changes in Operations / Administration

28.1 Provide funds to replace funds removed by Fiscal Affairs transfer.

State General Funds

$82,809

$82,809

$82,809

$82,809

28. Council of Superior Court Judges

Appropriation (HB1026)

The purpose of the Council of Superior Court Judges is to further the improvement of the superior court and the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$882,809

$882,809

$882,809

$882,809

State General Funds

$882,809

$882,809

$882,809

$882,809

TOTAL PUBLIC FUNDS

$882,809

$882,809

$882,809

$882,809

Judicial Administrative Districts

Continuation Budget

The purpose is to provide regional administrative support to the judges of the superior court. This support includes

managing budgets, policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS

$2,253,718

$2,253,718

$2,253,718

$2,253,718

State General Funds

$2,253,718

$2,253,718

$2,253,718

$2,253,718

TOTAL PUBLIC FUNDS

$2,253,718

$2,253,718

$2,253,718

$2,253,718

29. Judicial Administrative Districts

Appropriation (HB1026)

The purpose is to provide regional administrative support to the judges of the superior court. This support includes

managing budgets, policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS

$2,253,718

$2,253,718

$2,253,718

$2,253,718

State General Funds

$2,253,718

$2,253,718

$2,253,718

$2,253,718

TOTAL PUBLIC FUNDS

$2,253,718

$2,253,718

$2,253,718

$2,253,718

1530

JOURNAL OF THE SENATE

Statewide Felony and Juvenile Drug Courts

Continuation Budget

The purpose of this program is to reduce recidivism among nonviolent substance abusing adult and juvenile offenders

through intensive, judicially-supervised case management. Funds for this program are used to support Superior Court

Judges' drug courts and other drug courts, through cooperation with the Judicial Council.

TOTAL STATE FUNDS

$1,000,000

$1,000,000

$1,000,000

$1,000,000

State General Funds

$1,000,000

$1,000,000

$1,000,000

$1,000,000

TOTAL PUBLIC FUNDS

$1,000,000

$1,000,000

$1,000,000

$1,000,000

30. Statewide Felony and Juvenile Drug Courts

Appropriation (HB1026)

The purpose of this program is to reduce recidivism among nonviolent substance abusing adult and juvenile offenders

through intensive, judicially-supervised case management. Funds for this program are used to support Superior Court

Judges' drug courts and other drug courts, through cooperation with the Judicial Council.

TOTAL STATE FUNDS

$1,000,000

$1,000,000

$1,000,000

$1,000,000

State General Funds

$1,000,000

$1,000,000

$1,000,000

$1,000,000

TOTAL PUBLIC FUNDS

$1,000,000

$1,000,000

$1,000,000

$1,000,000

Superior Court Judges

Continuation Budget

The purpose is to be Georgia's general jurisdiction trial court and exercise exclusive, constitutional authority over felony

cases, divorce, equity and cases regarding title to land.

TOTAL STATE FUNDS

$47,290,013

$47,290,013

$47,290,013

$47,290,013

State General Funds

$47,290,013

$47,290,013

$47,290,013

$47,290,013

TOTAL PUBLIC FUNDS

$47,290,013

$47,290,013

$47,290,013

$47,290,013

Changes in Operations / Administration

31.1 Provide funds to replace funds removed by Fiscal Affairs transfer.

State General Funds

$800,000

$800,000

$800,000

$800,000

31. Superior Court Judges

Appropriation (HB1026)

The purpose is to be Georgia's general jurisdiction trial court and exercise exclusive, constitutional authority over felony

cases, divorce, equity and cases regarding title to land.

TOTAL STATE FUNDS

$48,090,013

$48,090,013

$48,090,013

$48,090,013

State General Funds

$48,090,013

$48,090,013

$48,090,013

$48,090,013

TOTAL PUBLIC FUNDS

$48,090,013

$48,090,013

$48,090,013

$48,090,013

WEDNESDAY, MARCH 8, 2006

1531

Section 11: Supreme Court

Section Total - Continuation

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

$7,647,980

Section Total - Final

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

$7,647,980

Supreme Court of Georgia

Continuation Budget

The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of

a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a

law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest.

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

$7,647,980

32. Supreme Court of Georgia

Appropriation (HB1026)

The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of

a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a

law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest.

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

$7,647,980

Section 12: Accounting Office, State

Section Total - Continuation

TOTAL STATE FUNDS

$1,723,889

$1,723,889

$1,723,889

$1,723,889

State General Funds

$1,723,889

$1,723,889

$1,723,889

$1,723,889

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$10,579,683

$10,579,683

$10,579,683

$10,579,683

Section Total - Final

TOTAL STATE FUNDS

$4,326,862

$4,326,862

$3,797,878

$4,326,862

1532

JOURNAL OF THE SENATE

State General Funds

$4,326,862

$4,326,862

$3,797,878

$4,326,862

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$13,182,656

$13,182,656

$12,653,672

$13,182,656

State Accounting Office

Continuation Budget

The purpose is to support statewide People Soft financials and human capital management, to provide the comprehensive

annual financial report of Georgia, and to create accounting procedures and policies for state agencies.

TOTAL STATE FUNDS

$1,723,889

$1,723,889

$1,723,889

$1,723,889

State General Funds

$1,723,889

$1,723,889

$1,723,889

$1,723,889

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

$8,855,794

Accounting System Assessments

$8,855,794

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$10,579,683

$10,579,683

$10,579,683

$10,579,683

One-Time Expense

33.1 Provide funding to analyze business processes in the finance and information technology areas and identify

improvements and cost saving opportunities.

State General Funds

$144,000

$144,000

$144,000

$144,000

Changes in the Size of the Program

33.2 Increase funds to implement the consolidated banking initiative.

State General Funds

$1,758,173

$1,758,173

$1,758,173

$1,758,173

33.3 Increase funds for accounts receivable initiative.

State General Funds

$700,800

$700,800

$700,800

$700,800

33.4 Reduce funds based on estimated expenditures of only 95% of budget.

State General Funds

($528,984)

$0

33. State Accounting Office

Appropriation (HB1026)

The purpose is to support statewide People Soft financials and human capital management, to provide the comprehensive

annual financial report of Georgia, and to create accounting procedures and policies for state agencies.

TOTAL STATE FUNDS

$4,326,862

$4,326,862

$3,797,878

$4,326,862

State General Funds

$4,326,862

$4,326,862

$3,797,878

$4,326,862

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

$8,855,794

Accounting System Assessments

$8,855,794

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$13,182,656

$13,182,656

$12,653,672

$13,182,656

WEDNESDAY, MARCH 8, 2006

1533

Section 13: Administrative Services, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$24,762,477

$24,762,477

$24,762,477

$24,762,477

State General Funds

$24,762,477

$24,762,477

$24,762,477

$24,762,477

TOTAL AGENCY FUNDS

$9,923,958

$9,923,958

$9,923,958

$9,923,958

Reserved Fund Balances

$2,020,000

$2,020,000

$2,020,000

$2,020,000

Interest and Investment Income

$262,121

$262,121

$262,121

$262,121

Rebates, Refunds, and Reimbursements

$497,831

$497,831

$497,831

$497,831

Royalties and Rents

$210,151

$210,151

$210,151

$210,151

Sales and Services

$6,933,855

$6,933,855

$6,933,855

$6,933,855

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$143,043,553 $143,043,553 $143,043,553 $143,043,553

TOTAL PUBLIC FUNDS

$177,729,988 $177,729,988 $177,729,988 $177,729,988

Section Total - Final

TOTAL STATE FUNDS

$24,777,639

$24,777,639

$24,070,030

$24,070,030

State General Funds

$24,777,639

$24,777,639

$24,070,030

$24,070,030

TOTAL AGENCY FUNDS

$7,522,105

$7,522,105

$8,209,289

$8,209,289

Reserved Fund Balances

$2,020,000

$2,020,000

$2,399,184

$2,399,184

Interest and Investment Income

$262,121

$262,121

$262,121

$262,121

Rebates, Refunds, and Reimbursements

$497,831

$497,831

$497,831

$497,831

Royalties and Rents

$210,151

$210,151

$210,151

$210,151

Sales and Services

$4,532,002

$4,532,002

$4,840,002

$4,840,002

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$143,180,605 $143,180,605 $143,842,894 $143,842,894

TOTAL PUBLIC FUNDS

$175,480,349 $175,480,349 $176,122,213 $176,122,213

Bulk Paper Sales

Continuation Budget

The purpose is to reduce cost through aggregation of demand for paper in bulk quantities.

TOTAL AGENCY FUNDS

$2,353,715

$2,353,715

$2,353,715

$2,353,715

Sales and Services

$2,353,715

$2,353,715

$2,353,715

$2,353,715

Sales and Services Not Itemized

$2,353,715

$2,353,715

$2,353,715

$2,353,715

TOTAL PUBLIC FUNDS

$2,353,715

$2,353,715

$2,353,715

$2,353,715

Changes in the Size of the Program

34.1 Eliminate the Bulk Paper Sales program.

1534

JOURNAL OF THE SENATE

Sales and Services Not Itemized

($2,261,523)

($2,261,523)

($2,261,523)

34.2 Transfer one position and salary to Surplus Property program.

Sales and Services Not Itemized

($92,192)

($92,192)

($92,192)

Departmental Administration

Continuation Budget

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$3,514,361

$3,514,361

$3,514,361

State General Funds

$3,514,361

$3,514,361

$3,514,361

TOTAL AGENCY FUNDS

$849,268

$849,268

$849,268

Interest and Investment Income

$62,121

$62,121

$62,121

Interest and Investment Income Not Itemized

$62,121

$62,121

$62,121

Royalties and Rents

$59,151

$59,151

$59,151

Royalties and Rents Not Itemized

$59,151

$59,151

$59,151

Sales and Services

$727,996

$727,996

$727,996

Sales and Services Not Itemized

$727,996

$727,996

$727,996

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,180,740

$1,180,740

$1,180,740

Agency to Agency Contracts

$21,818

$21,818

$21,818

Mail and Courier Services

$250,719

$250,719

$250,719

Motor Vehicle Rental Payments

$203,686

$203,686

$203,686

Risk Management Assessments

$704,517

$704,517

$704,517

TOTAL PUBLIC FUNDS

$5,544,369

$5,544,369

$5,544,369

Statewide Changes

35.1 WC, GTA, and GBA

State General Funds

$4,581

$4,581

$4,581

Changes in the Size of the Program

35.2 Reduce funds based on current expenditure patterns and the lack of use of Surplus Property Sales funds.

State General Funds

($707,609)

35. Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$3,518,942

$3,518,942

$2,811,333

State General Funds

$3,518,942

$3,518,942

$2,811,333

TOTAL AGENCY FUNDS

$849,268

$849,268

$849,268

($2,261,523)
($92,192)
$3,514,361 $3,514,361
$849,268 $62,121 $62,121 $59,151 $59,151
$727,996 $727,996 $1,180,740
$21,818 $250,719 $203,686 $704,517 $5,544,369
$4,581
($707,609)
$2,811,333 $2,811,333
$849,268

WEDNESDAY, MARCH 8, 2006

1535

Interest and Investment Income

$62,121

$62,121

$62,121

$62,121

Interest and Investment Income Not Itemized

$62,121

$62,121

$62,121

$62,121

Royalties and Rents

$59,151

$59,151

$59,151

$59,151

Royalties and Rents Not Itemized

$59,151

$59,151

$59,151

$59,151

Sales and Services

$727,996

$727,996

$727,996

$727,996

Sales and Services Not Itemized

$727,996

$727,996

$727,996

$727,996

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,180,740

$1,180,740

$1,180,740

$1,180,740

Agency to Agency Contracts

$21,818

$21,818

$21,818

$21,818

Mail and Courier Services

$250,719

$250,719

$250,719

$250,719

Motor Vehicle Rental Payments

$203,686

$203,686

$203,686

$203,686

Risk Management Assessments

$704,517

$704,517

$704,517

$704,517

TOTAL PUBLIC FUNDS

$5,548,950

$5,548,950

$4,841,341

$4,841,341

Fiscal Services

Continuation Budget

The purpose is to provide administrative functions, services, and equipment necessary for the fulfillment of the

responsibilities of the superior courts, to provide pass-thru to appropriate authorities, and to act as administrative

managers of attached agencies.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$307,228

$307,228

$307,228

$307,228

Agency to Agency Contracts

$307,228

$307,228

$307,228

$307,228

TOTAL PUBLIC FUNDS

$307,228

$307,228

$307,228

$307,228

36. Fiscal Services

Appropriation (HB1026)

The purpose is to provide administrative functions, services, and equipment necessary for the fulfillment of the

responsibilities of the superior courts, to provide pass-thru to appropriate authorities, and to act as administrative

managers of attached agencies.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$307,228

$307,228

$307,228

$307,228

Agency to Agency Contracts

$307,228

$307,228

$307,228

$307,228

TOTAL PUBLIC FUNDS

$307,228

$307,228

$307,228

$307,228

Fleet Management

Continuation Budget

The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle

fleet.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,409,075

$2,409,075

$2,409,075

$2,409,075

Motor Vehicle Rental Payments

$2,409,075

$2,409,075

$2,409,075

$2,409,075

1536

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$2,409,075

$2,409,075

$2,409,075

$2,409,075

One-Time Expense

37.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds to hire a consultant

engaged in the collection of Federal Fuel Tax recovery.

Motor Vehicle Rental Payments

$100,000

$100,000

Changes in the Size of the Program

37.1 Transfer one position and salary from Service Contract Management program.

Motor Vehicle Rental Payments

$56,220

$56,220

$56,220

$56,220

37. Fleet Management

Appropriation (HB1026)

The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle

fleet.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,465,295

$2,465,295

$2,565,295

$2,565,295

Motor Vehicle Rental Payments

$2,465,295

$2,465,295

$2,565,295

$2,565,295

TOTAL PUBLIC FUNDS

$2,465,295

$2,465,295

$2,565,295

$2,565,295

Mail and Courier

Continuation Budget

The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery

services.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,281,259

$1,281,259

$1,281,259

$1,281,259

Mail and Courier Services

$1,281,259

$1,281,259

$1,281,259

$1,281,259

TOTAL PUBLIC FUNDS

$1,281,259

$1,281,259

$1,281,259

$1,281,259

One-Time Expense

38.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds to hire temps.

Mail and Courier Services

$13,500

$13,500

Changes in the Size of the Program

38.1 Transfer funds and activities from Service Contract Management program.

Mail and Courier Services

$80,832

$80,832

$80,832

$80,832

38. Mail and Courier

Appropriation (HB1026)

The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery

services.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,362,091

$1,362,091

$1,375,591

$1,375,591

Mail and Courier Services

$1,362,091

$1,362,091

$1,375,591

$1,375,591

WEDNESDAY, MARCH 8, 2006

1537

TOTAL PUBLIC FUNDS

$1,362,091

$1,362,091

$1,375,591

$1,375,591

Risk Management

Continuation Budget

The purpose is cost minimization and fair treatment of citizens through effective claims management.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$137,263,943 $137,263,943 $137,263,943 $137,263,943

Agency to Agency Contracts

$976,165

$976,165

$976,165

$976,165

Liability Funds

$51,741,328

$51,741,328

$51,741,328

$51,741,328

Property Insurance Funds

$20,659,798

$20,659,798

$20,659,798

$20,659,798

Unemployment Compensation Funds

$8,045,289

$8,045,289

$8,045,289

$8,045,289

Workers Compensation Funds

$55,841,363

$55,841,363

$55,841,363

$55,841,363

TOTAL PUBLIC FUNDS

$137,263,943 $137,263,943 $137,263,943 $137,263,943

39. Risk Management

Appropriation (HB1026)

The purpose is cost minimization and fair treatment of citizens through effective claims management.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$137,263,943 $137,263,943 $137,263,943 $137,263,943

Agency to Agency Contracts

$976,165

$976,165

$976,165

$976,165

Liability Funds

$51,741,328

$51,741,328

$51,741,328

$51,741,328

Property Insurance Funds

$20,659,798

$20,659,798

$20,659,798

$20,659,798

Unemployment Compensation Funds

$8,045,289

$8,045,289

$8,045,289

$8,045,289

Workers Compensation Funds

$55,841,363

$55,841,363

$55,841,363

$55,841,363

TOTAL PUBLIC FUNDS

$137,263,943 $137,263,943 $137,263,943 $137,263,943

Service Contract Management

Continuation Budget

The purpose is to provide customer cost avoidance for service contracts through aggregation of demand, competitive

procurement, and contract management.

TOTAL AGENCY FUNDS

$140,330

$140,330

$140,330

$140,330

Sales and Services

$140,330

$140,330

$140,330

$140,330

Sales and Services Not Itemized

$140,330

$140,330

$140,330

$140,330

TOTAL PUBLIC FUNDS

$140,330

$140,330

$140,330

$140,330

Changes in the Size of the Program

40.1 Eliminate the Service Contract Management program.

Sales and Services Not Itemized

($3,278)

($3,278)

($3,278)

($3,278)

40.2 Transfer one position and salary to Fleet Management program.

Sales and Services Not Itemized

($56,220)

($56,220)

($56,220)

($56,220)

1538

JOURNAL OF THE SENATE

40.3 Transfer funds and activities to Mail and Courier program.

Sales and Services Not Itemized

($80,832)

($80,832)

($80,832)

($80,832)

State Purchasing

Continuation Budget

The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement.

TOTAL STATE FUNDS

$16,623,841

$16,623,841

$16,623,841

$16,623,841

State General Funds

$16,623,841

$16,623,841

$16,623,841

$16,623,841

TOTAL AGENCY FUNDS

$2,167,831

$2,167,831

$2,167,831

$2,167,831

Reserved Fund Balances

$2,020,000

$2,020,000

$2,020,000

$2,020,000

Reserved Fund Balances Not Itemized

$2,020,000

$2,020,000

$2,020,000

$2,020,000

Rebates, Refunds, and Reimbursements

$147,831

$147,831

$147,831

$147,831

Rebates, Refunds, and Reimbursements Not Itemized

$147,831

$147,831

$147,831

$147,831

TOTAL PUBLIC FUNDS

$18,791,672

$18,791,672

$18,791,672

$18,791,672

Statewide Changes

42.1 WC, GTA, and GBA

State General Funds

$6,080

$6,080

$6,080

$6,080

Changes in the Size of the Program

42.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for departmental reserves to

add eleven positions for the Enterprise Asset Management Program and funds for ten new positions transferred

from GTA.

Reserved Fund Balances Not Itemized

$379,184

$379,184

Agency to Agency Contracts

$468,789

$468,789

TOTAL PUBLIC FUNDS

$847,973

$847,973

42. State Purchasing

Appropriation (HB1026)

The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement.

TOTAL STATE FUNDS

$16,629,921

$16,629,921

$16,629,921

$16,629,921

State General Funds

$16,629,921

$16,629,921

$16,629,921

$16,629,921

TOTAL AGENCY FUNDS

$2,167,831

$2,167,831

$2,547,015

$2,547,015

Reserved Fund Balances

$2,020,000

$2,020,000

$2,399,184

$2,399,184

Reserved Fund Balances Not Itemized

$2,020,000

$2,020,000

$2,399,184

$2,399,184

Rebates, Refunds, and Reimbursements

$147,831

$147,831

$147,831

$147,831

Rebates, Refunds, and Reimbursements Not Itemized

$147,831

$147,831

$147,831

$147,831

WEDNESDAY, MARCH 8, 2006

1539

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$468,789

$468,789

Agency to Agency Contracts

$468,789

$468,789

TOTAL PUBLIC FUNDS

$18,797,752

$18,797,752

$19,645,725

$19,645,725

Surplus Property

Continuation Budget

The purpose is to reduce cost through maximization of the useful life of state-owned equipment.

TOTAL AGENCY FUNDS

$1,885,035

$1,885,035

$1,885,035

$1,885,035

Sales and Services

$1,885,035

$1,885,035

$1,885,035

$1,885,035

Sales and Services Not Itemized

$1,885,035

$1,885,035

$1,885,035

$1,885,035

TOTAL PUBLIC FUNDS

$1,885,035

$1,885,035

$1,885,035

$1,885,035

Changes in the Size of the Program

43.1 Transfer one position and salary from the Bulk Paper Sales program.

Sales and Services Not Itemized

$92,192

$92,192

$92,192

$92,192

43.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to lease a

new warehouse.

Sales and Services Not Itemized

$308,000

$308,000

43. Surplus Property

Appropriation (HB1026)

The purpose is to reduce cost through maximization of the useful life of state-owned equipment.

TOTAL AGENCY FUNDS

$1,977,227

$1,977,227

$2,285,227

Sales and Services

$1,977,227

$1,977,227

$2,285,227

Sales and Services Not Itemized

$1,977,227

$1,977,227

$2,285,227

TOTAL PUBLIC FUNDS

$1,977,227

$1,977,227

$2,285,227

$2,285,227 $2,285,227 $2,285,227 $2,285,227

U.S. Post Office

Continuation Budget

The purpose is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS

$9,593

$9,593

$9,593

State General Funds

$9,593

$9,593

$9,593

TOTAL AGENCY FUNDS

$151,000

$151,000

$151,000

Royalties and Rents

$151,000

$151,000

$151,000

Royalties and Rents Not Itemized

$151,000

$151,000

$151,000

TOTAL PUBLIC FUNDS

$160,593

$160,593

$160,593

$9,593 $9,593 $151,000 $151,000 $151,000 $160,593

1540

JOURNAL OF THE SENATE

Statewide Changes

44.1 WC, GTA, and GBA

State General Funds

$79

$79

$79

$79

44. U.S. Post Office

Appropriation (HB1026)

The purpose is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS

$9,672

$9,672

$9,672

$9,672

State General Funds

$9,672

$9,672

$9,672

$9,672

TOTAL AGENCY FUNDS

$151,000

$151,000

$151,000

$151,000

Royalties and Rents

$151,000

$151,000

$151,000

$151,000

Royalties and Rents Not Itemized

$151,000

$151,000

$151,000

$151,000

TOTAL PUBLIC FUNDS

$160,672

$160,672

$160,672

$160,672

Administrative Hearings, Office of State

Continuation Budget

The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

TOTAL STATE FUNDS

$3,717,517

$3,717,517

$3,717,517

$3,717,517

State General Funds

$3,717,517

$3,717,517

$3,717,517

$3,717,517

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$601,308

$601,308

$601,308

$601,308

Administrative Hearing Payments

$601,308

$601,308

$601,308

$601,308

TOTAL PUBLIC FUNDS

$4,318,825

$4,318,825

$4,318,825

$4,318,825

Statewide Changes

45.1 WC, GTA, and GBA

State General Funds

$3,948

$3,948

$3,948

$3,948

Changes in the Size of the Program

45.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds to reimburse the

Department of Public Safety for the provision of security detail for OSAH hearings.

Administrative Hearing Payments

$80,000

$80,000

45. Administrative Hearings, Office of State

Appropriation (HB1026)

The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

TOTAL STATE FUNDS

$3,721,465

$3,721,465

$3,721,465

$3,721,465

State General Funds

$3,721,465

$3,721,465

$3,721,465

$3,721,465

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$601,308

$601,308

$681,308

$681,308

Administrative Hearing Payments

$601,308

$601,308

$681,308

$681,308

WEDNESDAY, MARCH 8, 2006

1541

TOTAL PUBLIC FUNDS

$4,322,773

$4,322,773

$4,402,773

$4,402,773

Hazardous Materials, Agency for the Removal of

Continuation Budget

The purpose is to establish and administer a program for the abatement and removal of asbestos and other hazardous

materials from premises of the state.

TOTAL STATE FUNDS

$85,354

$85,354

$85,354

$85,354

State General Funds

$85,354

$85,354

$85,354

$85,354

TOTAL PUBLIC FUNDS

$85,354

$85,354

$85,354

$85,354

46. Hazardous Materials, Agency for the Removal of

Appropriation (HB1026)

The purpose is to establish and administer a program for the abatement and removal of asbestos and other hazardous

materials from premises of the state.

TOTAL STATE FUNDS

$85,354

$85,354

$85,354

$85,354

State General Funds

$85,354

$85,354

$85,354

$85,354

TOTAL PUBLIC FUNDS

$85,354

$85,354

$85,354

$85,354

Health Planning Review Board

Continuation Budget

The purpose is to review decisions made by hearing officers.

TOTAL STATE FUNDS

$60,473

$60,473

$60,473

$60,473

State General Funds

$60,473

$60,473

$60,473

$60,473

TOTAL PUBLIC FUNDS

$60,473

$60,473

$60,473

$60,473

47. Health Planning Review Board

Appropriation (HB1026)

The purpose is to review decisions made by hearing officers.

TOTAL STATE FUNDS

$60,473

$60,473

$60,473

$60,473

State General Funds

$60,473

$60,473

$60,473

$60,473

TOTAL PUBLIC FUNDS

$60,473

$60,473

$60,473

$60,473

Payments to Georgia Technology Authority

Continuation Budget

The purpose is to provide for procurement of technology resources, enterprise management, and portfolio management as

well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access online or in

volume, of certain public information maintained in electronic format to the public.

TOTAL STATE FUNDS

$396,769

$396,769

$396,769

$396,769

State General Funds

$396,769

$396,769

$396,769

$396,769

TOTAL PUBLIC FUNDS

$396,769

$396,769

$396,769

$396,769

1542

JOURNAL OF THE SENATE

48. Payments to Georgia Technology Authority

Appropriation (HB1026)

The purpose is to provide for procurement of technology resources, enterprise management, and portfolio management as

well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access online or in

volume, of certain public information maintained in electronic format to the public.

TOTAL STATE FUNDS

$396,769

$396,769

$396,769

$396,769

State General Funds

$396,769

$396,769

$396,769

$396,769

TOTAL PUBLIC FUNDS

$396,769

$396,769

$396,769

$396,769

Treasury and Fiscal Services, Office of

Continuation Budget

The purpose is to receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and

to pay all warrants legally drawn on the treasury.

TOTAL STATE FUNDS

$354,569

$354,569

$354,569

$354,569

State General Funds

$354,569

$354,569

$354,569

$354,569

TOTAL AGENCY FUNDS

$2,376,779

$2,376,779

$2,376,779

$2,376,779

Interest and Investment Income

$200,000

$200,000

$200,000

$200,000

Interest and Investment Income Not Itemized

$200,000

$200,000

$200,000

$200,000

Rebates, Refunds, and Reimbursements

$350,000

$350,000

$350,000

$350,000

Rebates, Refunds, and Reimbursements Not Itemized

$350,000

$350,000

$350,000

$350,000

Sales and Services

$1,826,779

$1,826,779

$1,826,779

$1,826,779

Sales and Services Not Itemized

$1,826,779

$1,826,779

$1,826,779

$1,826,779

TOTAL PUBLIC FUNDS

$2,731,348

$2,731,348

$2,731,348

$2,731,348

Statewide Changes

49.1 WC, GTA, and GBA

State General Funds

$474

$474

$474

$474

49. Treasury and Fiscal Services, Office of

Appropriation (HB1026)

The purpose is to receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and

to pay all warrants legally drawn on the treasury.

TOTAL STATE FUNDS

$355,043

$355,043

$355,043

$355,043

State General Funds

$355,043

$355,043

$355,043

$355,043

TOTAL AGENCY FUNDS

$2,376,779

$2,376,779

$2,376,779

$2,376,779

Interest and Investment Income

$200,000

$200,000

$200,000

$200,000

Interest and Investment Income Not Itemized

$200,000

$200,000

$200,000

$200,000

WEDNESDAY, MARCH 8, 2006

1543

Rebates, Refunds, and Reimbursements

$350,000

$350,000

$350,000

$350,000

Rebates, Refunds, and Reimbursements Not Itemized

$350,000

$350,000

$350,000

$350,000

Sales and Services

$1,826,779

$1,826,779

$1,826,779

$1,826,779

Sales and Services Not Itemized

$1,826,779

$1,826,779

$1,826,779

$1,826,779

TOTAL PUBLIC FUNDS

$2,731,822

$2,731,822

$2,731,822

$2,731,822

Section 14: Agriculture, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$40,871,168

$40,871,168

$40,871,168

$40,871,168

State General Funds

$40,871,168

$40,871,168

$40,871,168

$40,871,168

TOTAL FEDERAL FUNDS

$7,076,968

$7,076,968

$7,076,968

$7,076,968

Federal Funds Not Itemized

$7,076,968

$7,076,968

$7,076,968

$7,076,968

TOTAL AGENCY FUNDS

$1,657,042

$1,657,042

$1,657,042

$1,657,042

Intergovernmental Transfers

$748,420

$748,420

$748,420

$748,420

Sales and Services

$908,622

$908,622

$908,622

$908,622

TOTAL PUBLIC FUNDS

$49,605,178

$49,605,178

$49,605,178

$49,605,178

Section Total - Final

TOTAL STATE FUNDS

$42,346,371

$42,644,085

$42,979,063

$42,844,563

State General Funds

$42,346,371

$42,644,085

$42,979,063

$42,844,563

TOTAL FEDERAL FUNDS

$7,076,968

$7,076,968

$7,076,968

$7,076,968

Federal Funds Not Itemized

$7,076,968

$7,076,968

$7,076,968

$7,076,968

TOTAL AGENCY FUNDS

$1,657,042

$1,657,042

$1,657,042

$1,657,042

Intergovernmental Transfers

$748,420

$748,420

$748,420

$748,420

Sales and Services

$908,622

$908,622

$908,622

$908,622

TOTAL PUBLIC FUNDS

$51,080,381

$51,378,095

$51,713,073

$51,578,573

Athens and Tifton Veterinary Laboratories

Continuation Budget

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$3,271,132

$3,271,132

$3,271,132

$3,271,132

State General Funds

$3,271,132

$3,271,132

$3,271,132

$3,271,132

TOTAL PUBLIC FUNDS

$3,271,132

$3,271,132

$3,271,132

$3,271,132

1544

JOURNAL OF THE SENATE

50. Athens and Tifton Veterinary Laboratories

Appropriation (HB1026)

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$3,271,132

$3,271,132

$3,271,132

$3,271,132

State General Funds

$3,271,132

$3,271,132

$3,271,132

$3,271,132

TOTAL PUBLIC FUNDS

$3,271,132

$3,271,132

$3,271,132

$3,271,132

Consumer Protection

Continuation Budget

The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock.

TOTAL STATE FUNDS

$20,634,327

$20,634,327

$20,634,327

$20,634,327

State General Funds

$20,634,327

$20,634,327

$20,634,327

$20,634,327

TOTAL FEDERAL FUNDS

$7,020,116

$7,020,116

$7,020,116

$7,020,116

Federal Funds Not Itemized

$7,020,116

$7,020,116

$7,020,116

$7,020,116

TOTAL AGENCY FUNDS

$1,339,677

$1,339,677

$1,339,677

$1,339,677

Intergovernmental Transfers

$748,420

$748,420

$748,420

$748,420

Intergovernmental Transfers Not Itemized

$748,420

$748,420

$748,420

$748,420

Sales and Services

$591,257

$591,257

$591,257

$591,257

Sales and Services Not Itemized

$591,257

$591,257

$591,257

$591,257

TOTAL PUBLIC FUNDS

$28,994,120

$28,994,120

$28,994,120

$28,994,120

Statewide Changes

51.1 WC, GTA, and GBA

State General Funds

$33,670

$33,670

$33,670

$33,670

Changes in Operations / Administration

51.5 Transfer Seed Development Commission to Marketing and Promotion.

Intergovernmental Transfers Not Itemized

($748,420)

Changes in the Size of the Program

51.2 Increase the pay grade for plant protection field agents from eleven to twelve and plant protection supervisor from

pay grade twelve to thirteen. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

51.4 Reduce funding to reflect savings from implementation of a new pest control certification testing program at

Technical Colleges.

State General Funds

($116,000)

($17,500)

($52,000)

WEDNESDAY, MARCH 8, 2006

1545

51. Consumer Protection

Appropriation (HB1026)

The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock.

TOTAL STATE FUNDS

$20,667,997

$20,551,997

$20,650,497

$20,615,997

State General Funds

$20,667,997

$20,551,997

$20,650,497

$20,615,997

TOTAL FEDERAL FUNDS

$7,020,116

$7,020,116

$7,020,116

$7,020,116

Federal Funds Not Itemized

$7,020,116

$7,020,116

$7,020,116

$7,020,116

TOTAL AGENCY FUNDS

$1,339,677

$1,339,677

$1,339,677

$591,257

Intergovernmental Transfers

$748,420

$748,420

$748,420

Intergovernmental Transfers Not Itemized

$748,420

$748,420

$748,420

Sales and Services

$591,257

$591,257

$591,257

$591,257

Sales and Services Not Itemized

$591,257

$591,257

$591,257

$591,257

TOTAL PUBLIC FUNDS

$29,027,790

$28,911,790

$29,010,290

$28,227,370

Departmental Administration

Continuation Budget

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$5,967,006

$5,967,006

$5,967,006

$5,967,006

State General Funds

$5,967,006

$5,967,006

$5,967,006

$5,967,006

TOTAL FEDERAL FUNDS

$37,776

$37,776

$37,776

$37,776

Federal Funds Not Itemized

$37,776

$37,776

$37,776

$37,776

TOTAL AGENCY FUNDS

$211,680

$211,680

$211,680

$211,680

Sales and Services

$211,680

$211,680

$211,680

$211,680

Sales and Services Not Itemized

$211,680

$211,680

$211,680

$211,680

TOTAL PUBLIC FUNDS

$6,216,462

$6,216,462

$6,216,462

$6,216,462

Statewide Changes

52.1 WC, GTA, and GBA

State General Funds

$7,479

$7,479

$7,479

$7,479

One-Time Expense

52.2 Replace fifty (H:twenty five) vehicles used by department inspectors in excess of 135,000 miles.

State General Funds

$1,027,044

$513,522

$750,000

$650,000

52.3 Provide funds to automate the food safety inspection process and promote accurate and efficient inspections.

State General Funds

$245,000

$392,236

$392,236

$392,236

52.4 Provide funds to automate the weights inspection process and promote accurate and efficient inspections.

1546

JOURNAL OF THE SENATE

State General Funds

$105,000

$115,000

$115,000

$115,000

52.5 Provide funds to be matched by $1,000,000 in private funding to construct an addition to the livestock facility in

Bainbridge.

State General Funds

$600,000

$600,000

$600,000

52. Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$7,351,529

$7,595,243

$7,831,721

$7,731,721

State General Funds

$7,351,529

$7,595,243

$7,831,721

$7,731,721

TOTAL FEDERAL FUNDS

$37,776

$37,776

$37,776

$37,776

Federal Funds Not Itemized

$37,776

$37,776

$37,776

$37,776

TOTAL AGENCY FUNDS

$211,680

$211,680

$211,680

$211,680

Sales and Services

$211,680

$211,680

$211,680

$211,680

Sales and Services Not Itemized

$211,680

$211,680

$211,680

$211,680

TOTAL PUBLIC FUNDS

$7,600,985

$7,844,699

$8,081,177

$7,981,177

Marketing and Promotion

Continuation Budget

The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

TOTAL STATE FUNDS

$7,857,881

$7,857,881

$7,857,881

$7,857,881

State General Funds

$7,857,881

$7,857,881

$7,857,881

$7,857,881

TOTAL FEDERAL FUNDS

$19,076

$19,076

$19,076

$19,076

Federal Funds Not Itemized

$19,076

$19,076

$19,076

$19,076

TOTAL AGENCY FUNDS

$105,685

$105,685

$105,685

$105,685

Sales and Services

$105,685

$105,685

$105,685

$105,685

Sales and Services Not Itemized

$105,685

$105,685

$105,685

$105,685

TOTAL PUBLIC FUNDS

$7,982,642

$7,982,642

$7,982,642

$7,982,642

Statewide Changes

53.1 WC, GTA, and GBA

State General Funds

$8,604

$8,604

$8,604

$8,604

Changes in Operations / Administration

53.2 Transfer Seed Development Commission from Consumer Protection.

Intergovernmental Transfers Not Itemized

$748,420

WEDNESDAY, MARCH 8, 2006

1547

53. Marketing and Promotion

Appropriation (HB1026)

The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

TOTAL STATE FUNDS

$7,866,485

$7,866,485

$7,866,485

$7,866,485

State General Funds

$7,866,485

$7,866,485

$7,866,485

$7,866,485

TOTAL FEDERAL FUNDS

$19,076

$19,076

$19,076

$19,076

Federal Funds Not Itemized

$19,076

$19,076

$19,076

$19,076

TOTAL AGENCY FUNDS

$105,685

$105,685

$105,685

$854,105

Intergovernmental Transfers

$748,420

Intergovernmental Transfers Not Itemized

$748,420

Sales and Services

$105,685

$105,685

$105,685

$105,685

Sales and Services Not Itemized

$105,685

$105,685

$105,685

$105,685

TOTAL PUBLIC FUNDS

$7,991,246

$7,991,246

$7,991,246

$8,739,666

Poultry Veterinary Diagnostic Labs

Continuation Budget

The purpose is to provide diagnostic and monitoring services to Georgia poultry growers.

TOTAL STATE FUNDS

$3,140,822

$3,140,822

$3,140,822

$3,140,822

State General Funds

$3,140,822

$3,140,822

$3,140,822

$3,140,822

TOTAL PUBLIC FUNDS

$3,140,822

$3,140,822

$3,140,822

$3,140,822

Statewide Changes

54.1 WC, GTA, and GBA

State General Funds

$48,406

$48,406

$48,406

$48,406

Changes in the Size of the Program

54.2 Provide funds for a Liquid Handling System for Avian Influenza Virus Testing.

State General Funds

$170,000

$170,000

$170,000

54. Poultry Veterinary Diagnostic Labs

Appropriation (HB1026)

The purpose is to provide diagnostic and monitoring services to Georgia poultry growers.

TOTAL STATE FUNDS

$3,189,228

$3,359,228

$3,359,228

$3,359,228

State General Funds

$3,189,228

$3,359,228

$3,359,228

$3,359,228

TOTAL PUBLIC FUNDS

$3,189,228

$3,359,228

$3,359,228

$3,359,228

Section 15: Banking and Finance, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$10,976,353

$10,976,353

$10,976,353

$10,976,353

1548

JOURNAL OF THE SENATE

State General Funds

$10,976,353

$10,976,353

$10,976,353

$10,976,353

TOTAL PUBLIC FUNDS

$10,976,353

$10,976,353

$10,976,353

$10,976,353

Section Total - Final

TOTAL STATE FUNDS

$11,062,752

$11,062,752

$11,062,752

$11,062,752

State General Funds

$11,062,752

$11,062,752

$11,062,752

$11,062,752

TOTAL PUBLIC FUNDS

$11,062,752

$11,062,752

$11,062,752

$11,062,752

Chartering, Licensing and Applications/Non-Mortgage Entities

Continuation Budget

The purpose is to provide efficient and flexible application, registration and notification procedures for financial

institutions that are in compliance with applicable laws, regulations and department policies.

TOTAL STATE FUNDS

$495,504

$495,504

$495,504

$495,504

State General Funds

$495,504

$495,504

$495,504

$495,504

TOTAL PUBLIC FUNDS

$495,504

$495,504

$495,504

$495,504

Statewide Changes

55.1 WC, GTA, and GBA

State General Funds

$222

$222

$222

$222

55. Chartering, Licensing and Applications/Non-Mortgage Entities

Appropriation (HB1026)

The purpose is to provide efficient and flexible application, registration and notification procedures for financial

institutions that are in compliance with applicable laws, regulations and department policies.

TOTAL STATE FUNDS

$495,726

$495,726

$495,726

$495,726

State General Funds

$495,726

$495,726

$495,726

$495,726

TOTAL PUBLIC FUNDS

$495,726

$495,726

$495,726

$495,726

Consumer Protection and Assistance

Continuation Budget

The purpose is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS

$515,920

$515,920

$515,920

$515,920

State General Funds

$515,920

$515,920

$515,920

$515,920

TOTAL PUBLIC FUNDS

$515,920

$515,920

$515,920

$515,920

Statewide Changes

56.1 WC, GTA, and GBA

State General Funds

$175

$175

$175

$175

WEDNESDAY, MARCH 8, 2006

1549

56. Consumer Protection and Assistance

Appropriation (HB1026)

The purpose is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS

$516,095

$516,095

$516,095

$516,095

State General Funds

$516,095

$516,095

$516,095

$516,095

TOTAL PUBLIC FUNDS

$516,095

$516,095

$516,095

$516,095

Departmental Administration

Continuation Budget

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$1,645,199

$1,645,199

$1,645,199

$1,645,199

State General Funds

$1,645,199

$1,645,199

$1,645,199

$1,645,199

TOTAL PUBLIC FUNDS

$1,645,199

$1,645,199

$1,645,199

$1,645,199

Statewide Changes

57.1 WC, GTA, and GBA

State General Funds

$720

$720

$720

$720

57. Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$1,645,919

$1,645,919

$1,645,919

$1,645,919

State General Funds

$1,645,919

$1,645,919

$1,645,919

$1,645,919

TOTAL PUBLIC FUNDS

$1,645,919

$1,645,919

$1,645,919

$1,645,919

Financial Institution Supervision

Continuation Budget

The purpose is to provide for safe and sound operation of Georgia state-chartered financial institutions, and to protect the

interests of the depositors, creditors and shareholders of those institutions.

TOTAL STATE FUNDS

$6,581,431

$6,581,431

$6,581,431

$6,581,431

State General Funds

$6,581,431

$6,581,431

$6,581,431

$6,581,431

TOTAL PUBLIC FUNDS

$6,581,431

$6,581,431

$6,581,431

$6,581,431

Statewide Changes

58.1 WC, GTA, and GBA

State General Funds

$2,913

$2,913

$2,913

$2,913

One-Time Expense

58.2 Replace five vehicles in excess of 135,000 miles.

State General Funds

$81,615

$81,615

$81,615

$81,615

1550

JOURNAL OF THE SENATE

58. Financial Institution Supervision

Appropriation (HB1026)

The purpose is to provide for safe and sound operation of Georgia state-chartered financial institutions, and to protect the

interests of the depositors, creditors and shareholders of those institutions.

TOTAL STATE FUNDS

$6,665,959

$6,665,959

$6,665,959

$6,665,959

State General Funds

$6,665,959

$6,665,959

$6,665,959

$6,665,959

TOTAL PUBLIC FUNDS

$6,665,959

$6,665,959

$6,665,959

$6,665,959

Mortgage Supervision

Continuation Budget

The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and

enforce applicable laws and regulations.

TOTAL STATE FUNDS

$1,738,299

$1,738,299

$1,738,299

$1,738,299

State General Funds

$1,738,299

$1,738,299

$1,738,299

$1,738,299

TOTAL PUBLIC FUNDS

$1,738,299

$1,738,299

$1,738,299

$1,738,299

Statewide Changes

59.1 WC, GTA, and GBA

State General Funds

$754

$754

$754

$754

59. Mortgage Supervision

Appropriation (HB1026)

The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and

enforce applicable laws and regulations.

TOTAL STATE FUNDS

$1,739,053

$1,739,053

$1,739,053

$1,739,053

State General Funds

$1,739,053

$1,739,053

$1,739,053

$1,739,053

TOTAL PUBLIC FUNDS

$1,739,053

$1,739,053

$1,739,053

$1,739,053

Section 16: Community Affairs, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$80,217,219

$80,217,219

$80,217,219

$80,217,219

State General Funds

$33,093,886

$33,093,886

$33,093,886

$33,093,886

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,123,333

$47,123,333

TOTAL FEDERAL FUNDS

$93,566,048

$93,566,048

$93,566,048

$93,566,048

Federal Funds Not Itemized

$93,566,048

$93,566,048

$93,566,048

$93,566,048

TOTAL AGENCY FUNDS

$10,831,688

$10,831,688

$10,831,688

$10,831,688

Reserved Fund Balances

$9,715

$9,715

$9,715

$9,715

Intergovernmental Transfers

$9,477,792

$9,477,792

$9,477,792

$9,477,792

WEDNESDAY, MARCH 8, 2006

1551

Sales and Services

$1,344,181

$1,344,181

$1,344,181

$1,344,181

TOTAL PUBLIC FUNDS

$184,614,955 $184,614,955 $184,614,955 $184,614,955

Section Total - Final

TOTAL STATE FUNDS

$86,436,755

$83,971,755

$83,955,764

$81,185,764

State General Funds

$39,313,422

$36,848,422

$36,927,431

$34,062,431

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,028,333

$47,123,333

TOTAL FEDERAL FUNDS

$93,566,048

$93,566,048 $108,529,689 $108,529,689

Federal Funds Not Itemized

$93,566,048

$93,566,048 $108,529,689 $108,529,689

TOTAL AGENCY FUNDS

$10,831,688

$10,831,688

$13,294,033

$13,294,033

Reserved Fund Balances

$9,715

$9,715

$2,236,359

$293,674

Intergovernmental Transfers

$9,477,792

$9,477,792

$9,713,493

$11,420,477

Sales and Services

$1,344,181

$1,344,181

$1,344,181

$1,579,882

TOTAL PUBLIC FUNDS

$190,834,491 $188,369,491 $205,779,486 $203,009,486

Building Construction

Continuation Budget

The purpose is to establish minimum building construction standards for all new structures including mass-produced

factory built (modular) buildings built in the state.

TOTAL STATE FUNDS

$279,403

$279,403

$279,403

$279,403

State General Funds

$279,403

$279,403

$279,403

$279,403

TOTAL AGENCY FUNDS

$171,722

$171,722

$171,722

$171,722

Sales and Services

$171,722

$171,722

$171,722

$171,722

Sales and Services Not Itemized

$171,722

$171,722

$171,722

$171,722

TOTAL PUBLIC FUNDS

$451,125

$451,125

$451,125

$451,125

Statewide Changes

60.1 WC, GTA, and GBA

State General Funds

$492

$492

$492

$492

60. Building Construction

Appropriation (HB1026)

The purpose is to establish minimum building construction standards for all new structures including mass-produced

factory built (modular) buildings built in the state.

TOTAL STATE FUNDS

$279,895

$279,895

$279,895

$279,895

State General Funds

$279,895

$279,895

$279,895

$279,895

TOTAL AGENCY FUNDS

$171,722

$171,722

$171,722

$171,722

1552

JOURNAL OF THE SENATE

Sales and Services

$171,722

$171,722

$171,722

$171,722

Sales and Services Not Itemized

$171,722

$171,722

$171,722

$171,722

TOTAL PUBLIC FUNDS

$451,617

$451,617

$451,617

$451,617

Coordinated Planning

Continuation Budget

The purpose is to give communities the information, assistance, tools and funding needed to successfully implement

planning and quality growth solutions to enhance and fulfill the requirements of Coordinated Comprehensive Planning

according to the Georgia Planning Act of 1989.

TOTAL STATE FUNDS

$3,831,884

$3,831,884

$3,831,884

$3,831,884

State General Funds

$3,831,884

$3,831,884

$3,831,884

$3,831,884

TOTAL PUBLIC FUNDS

$3,831,884

$3,831,884

$3,831,884

$3,831,884

Statewide Changes

61.1 WC, GTA, and GBA

State General Funds

$3,310

$3,310

$3,310

$3,310

Changes in Operations / Administration

61.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure

adjustments.

State General Funds

($51,508)

($51,508)

($51,508)

($51,508)

Changes in the Size of the Program

61.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation

Fee funds for one position.

Intergovernmental Transfers Not Itemized

$43,150

$0

Sales and Services Not Itemized

$43,150

TOTAL PUBLIC FUNDS

$43,150

61. Coordinated Planning

Appropriation (HB1026)

The purpose is to give communities the information, assistance, tools and funding needed to successfully implement

planning and quality growth solutions to enhance and fulfill the requirements of Coordinated Comprehensive Planning

according to the Georgia Planning Act of 1989.

TOTAL STATE FUNDS

$3,783,686

$3,783,686

$3,783,686

$3,783,686

State General Funds

$3,783,686

$3,783,686

$3,783,686

$3,783,686

TOTAL AGENCY FUNDS

$43,150

$43,150

Intergovernmental Transfers

$43,150

WEDNESDAY, MARCH 8, 2006

1553

Intergovernmental Transfers Not Itemized

$43,150

Sales and Services

$43,150

Sales and Services Not Itemized

$43,150

TOTAL PUBLIC FUNDS

$3,783,686

$3,783,686

$3,826,836

$3,826,836

Departmental Administration

Continuation Budget

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$1,982,095

$1,982,095

$1,982,095

$1,982,095

State General Funds

$1,982,095

$1,982,095

$1,982,095

$1,982,095

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

$22,000

Federal Funds Not Itemized

$22,000

$22,000

$22,000

$22,000

TOTAL AGENCY FUNDS

$2,476,773

$2,476,773

$2,476,773

$2,476,773

Intergovernmental Transfers

$2,476,773

$2,476,773

$2,476,773

$2,476,773

Intergovernmental Transfers Not Itemized

$2,476,773

$2,476,773

$2,476,773

$2,476,773

TOTAL PUBLIC FUNDS

$4,480,868

$4,480,868

$4,480,868

$4,480,868

Statewide Changes

62.1 WC, GTA, and GBA

State General Funds

$3,092

$3,092

$3,092

$3,092

Changes in Operations / Administration

62.2 Redistribute funds from multiple programs to reflect GTA rate structure adjustments.

State General Funds

$95,591

$95,591

$95,591

$95,591

One-Time Expense

62.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments, increase Bond Allocation

Fee funds to cover one position, and increase GHFA Participation Fee funds to cover one position.

Reserved Fund Balances Not Itemized

$31,662

$0

Intergovernmental Transfers Not Itemized

$101,909

$31,662

Sales and Services Not Itemized

$101,909

TOTAL PUBLIC FUNDS

$133,571

$133,571

62. Departmental Administration

Appropriation (HB1026)

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$2,080,778

$2,080,778

$2,080,778

$2,080,778

State General Funds

$2,080,778

$2,080,778

$2,080,778

$2,080,778

1554

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

$22,000

Federal Funds Not Itemized

$22,000

$22,000

$22,000

$22,000

TOTAL AGENCY FUNDS

$2,476,773

$2,476,773

$2,610,344

$2,610,344

Reserved Fund Balances

$31,662

Reserved Fund Balances Not Itemized

$31,662

Intergovernmental Transfers

$2,476,773

$2,476,773

$2,578,682

$2,508,435

Intergovernmental Transfers Not Itemized

$2,476,773

$2,476,773

$2,578,682

$2,508,435

Sales and Services

$101,909

Sales and Services Not Itemized

$101,909

TOTAL PUBLIC FUNDS

$4,579,551

$4,579,551

$4,713,122

$4,713,122

Environmental Education and Assistance

Continuation Budget

The purpose is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS

$973,896

$973,896

$973,896

$973,896

State General Funds

$973,896

$973,896

$973,896

$973,896

TOTAL PUBLIC FUNDS

$973,896

$973,896

$973,896

$973,896

Statewide Changes

63.1 WC, GTA, and GBA

State General Funds

$1,306

$1,306

$1,306

$1,306

Changes in Operations / Administration

63.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure

adjustments.

State General Funds

($2,039)

($2,039)

($2,039)

($2,039)

Changes in How the Program is Funded

63.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to add Solid Waste Trust

Funds for three positions and associated expenses for litter prevention, solid waste planning, and recycling

programs through a contract with the Department of Natural Resources.

Reserved Fund Balances Not Itemized

$277,000

$277,000

63. Environmental Education and Assistance

Appropriation (HB1026)

The purpose is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS

$973,163

$973,163

$973,163

$973,163

State General Funds

$973,163

$973,163

$973,163

$973,163

WEDNESDAY, MARCH 8, 2006

1555

TOTAL AGENCY FUNDS

$277,000

$277,000

Reserved Fund Balances

$277,000

$277,000

Reserved Fund Balances Not Itemized

$277,000

$277,000

TOTAL PUBLIC FUNDS

$973,163

$973,163

$1,250,163

$1,250,163

Federal Community and Economic Development Programs

Continuation Budget

The purpose is to administer incentive programs and education programs as well as provide technical assistance in the

area of economic development to local governments, development authorities, and private for-profit entities.

TOTAL STATE FUNDS

$1,608,212

$1,608,212

$1,608,212

$1,608,212

State General Funds

$1,608,212

$1,608,212

$1,608,212

$1,608,212

TOTAL FEDERAL FUNDS

$36,985,354

$36,985,354

$36,985,354

$36,985,354

Federal Funds Not Itemized

$36,985,354

$36,985,354

$36,985,354

$36,985,354

TOTAL PUBLIC FUNDS

$38,593,566

$38,593,566

$38,593,566

$38,593,566

Statewide Changes

64.1 WC, GTA, and GBA

State General Funds

$2,632

$2,632

$2,632

$2,632

Changes in Operations / Administration

64.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure

adjustments.

State General Funds

($1,197)

($1,197)

($1,197)

($1,197)

Changes in How the Program is Funded

64.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce funds from the

Corporation for National and Community Services Programs, and to increase funds from OneGeorgia and the

HUD-Community Development Block Grant Pass Thru Grant.

Tobacco Settlement Funds

$75,210

$0

Federal Funds Not Itemized

$13,159,053

$13,159,053

TOTAL PUBLIC FUNDS

$13,234,263

$13,159,053

64. Federal Community and Economic Development

Appropriation (HB1026)

The purpose is to administer incentive programs and education programs as well as provide technical assistance in the

area of economic development to local governments, development authorities, and private for-profit entities.

TOTAL STATE FUNDS

$1,609,647

$1,609,647

$1,684,857

$1,609,647

State General Funds

$1,609,647

$1,609,647

$1,609,647

$1,609,647

1556

JOURNAL OF THE SENATE

Tobacco Settlement Funds

$75,210

TOTAL FEDERAL FUNDS

$36,985,354

$36,985,354

$50,144,407

$50,144,407

Federal Funds Not Itemized

$36,985,354

$36,985,354

$50,144,407

$50,144,407

TOTAL PUBLIC FUNDS

$38,595,001

$38,595,001

$51,829,264

$51,754,054

Homeownership programs

Continuation Budget

The purpose is to expand the supply of standard affordable housing through rehabilitation, construction and provide

homeownership opportunities for low and moderate income individuals.

TOTAL AGENCY FUNDS

$4,014,155

$4,014,155

$4,014,155

$4,014,155

Intergovernmental Transfers

$4,014,155

$4,014,155

$4,014,155

$4,014,155

Intergovernmental Transfers Not Itemized

$4,014,155

$4,014,155

$4,014,155

$4,014,155

TOTAL PUBLIC FUNDS

$4,014,155

$4,014,155

$4,014,155

$4,014,155

Changes in How the Program is Funded

65.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase HUD-HOME

funds, reduce GHFA Management Fee funds, and transfer one position to the Rental Housing program.

Reserved Fund Balances Not Itemized

$134,280

$0

Intergovernmental Transfers Not Itemized

$134,280

TOTAL PUBLIC FUNDS

$134,280

65. Homeownership programs

Appropriation (HB1026)

The purpose is to expand the supply of standard affordable housing through rehabilitation, construction and provide

homeownership opportunities for low and moderate income individuals.

TOTAL AGENCY FUNDS

$4,014,155

$4,014,155

$4,148,435

$4,148,435

Reserved Fund Balances

$134,280

Reserved Fund Balances Not Itemized

$134,280

Intergovernmental Transfers

$4,014,155

$4,014,155

$4,014,155

$4,148,435

Intergovernmental Transfers Not Itemized

$4,014,155

$4,014,155

$4,014,155

$4,148,435

TOTAL PUBLIC FUNDS

$4,014,155

$4,014,155

$4,148,435

$4,148,435

Local Assistance Grants

Continuation Budget

The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are

specified by amount, recipient, and purpose in an appropriation to the department.

WEDNESDAY, MARCH 8, 2006

1557

TOTAL STATE FUNDS

$3,881,066

$3,881,066

$3,881,066

$3,881,066

State General Funds

$3,881,066

$3,881,066

$3,881,066

$3,881,066

TOTAL PUBLIC FUNDS

$3,881,066

$3,881,066

$3,881,066

$3,881,066

Changes in Operations / Administration

66.1 Correct an error for Trion City Schools for the 2006 mid term adjustment. (CC: Authorizing language is found at

the end of Section 16)

State General Funds

$214,009

$214,009

One-Time Expense

66.2 Provide funds to construct a seawall (CC: bulkhead) at Mary Alice Park in Forsyth County. (CC: Authorizing

language is found at the end of Section 16)

State General Funds

$500,000

$400,000

$500,000

66. Local Assistance Grants

Appropriation (HB1026)

The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are

specified by amount, recipient, and purpose in an appropriation to the department.

TOTAL STATE FUNDS

$3,881,066

$4,381,066

$4,495,075

$4,595,075

State General Funds

$3,881,066

$4,381,066

$4,495,075

$4,595,075

TOTAL PUBLIC FUNDS

$3,881,066

$4,381,066

$4,495,075

$4,595,075

Regional Services

Continuation Budget

The purpose is to assist in the marketing, development, and implementation of housing, community and economic

development projects and services and to award grants from the Local Development Fund.

TOTAL STATE FUNDS

$3,096,517

$3,096,517

$3,096,517

$3,096,517

State General Funds

$3,096,517

$3,096,517

$3,096,517

$3,096,517

TOTAL PUBLIC FUNDS

$3,096,517

$3,096,517

$3,096,517

$3,096,517

Statewide Changes

67.1 WC, GTA, and GBA

State General Funds

$2,930

$2,930

$2,930

$2,930

Changes in Operations / Administration

67.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure

adjustments.

State General Funds

($1,627)

($1,627)

($1,627)

($1,627)

1558

JOURNAL OF THE SENATE

67.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funding for the

Georgia Leadership Infrastructure Investment Fund Initiative.

Tobacco Settlement Funds

$500,000

$0

One-Time Expense

67.3 Provide funds to repair hurricane damage to the Coastal Georgia Regional Development Center.

State General Funds

$35,000

$0

$35,000

67. Regional Services

Appropriation (HB1026)

The purpose is to assist in the marketing, development, and implementation of housing, community and economic

development projects and services and to award grants from the Local Development Fund.

TOTAL STATE FUNDS

$3,097,820

$3,132,820

$3,597,820

$3,132,820

State General Funds

$3,097,820

$3,132,820

$3,097,820

$3,132,820

Tobacco Settlement Funds

$500,000

TOTAL PUBLIC FUNDS

$3,097,820

$3,132,820

$3,597,820

$3,132,820

Rental Housing Programs

Continuation Budget

The purpose is to provide affordable rental housing to very low, low, and moderate-income households by allocating

federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing

Choice Program.

TOTAL STATE FUNDS

$3,287,829

$3,287,829

$3,287,829

$3,287,829

State General Funds

$3,287,829

$3,287,829

$3,287,829

$3,287,829

TOTAL FEDERAL FUNDS

$56,546,807

$56,546,807

$56,546,807

$56,546,807

Federal Funds Not Itemized

$56,546,807

$56,546,807

$56,546,807

$56,546,807

TOTAL AGENCY FUNDS

$2,996,579

$2,996,579

$2,996,579

$2,996,579

Reserved Fund Balances

$9,715

$9,715

$9,715

$9,715

Reserved Fund Balances Not Itemized

$9,715

$9,715

$9,715

$9,715

Intergovernmental Transfers

$2,986,864

$2,986,864

$2,986,864

$2,986,864

Intergovernmental Transfers Not Itemized

$2,986,864

$2,986,864

$2,986,864

$2,986,864

TOTAL PUBLIC FUNDS

$62,831,215

$62,831,215

$62,831,215

$62,831,215

Changes in How the Program is Funded

68.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce HUD-HOME

Administration funds, reduce GHFA Management Fee funds, increase Georgia Housing Assistance Payment

Administrators funds, increase Tax Credit Administration funds, and add three positions.

WEDNESDAY, MARCH 8, 2006

1559

Federal Funds Not Itemized

$1,804,588

$1,804,588

Reserved Fund Balances Not Itemized

$971,706

($9,715)

Intergovernmental Transfers Not Itemized

$981,421

TOTAL PUBLIC FUNDS

$2,776,294

$2,776,294

68. Rental Housing Programs

Appropriation (HB1026)

The purpose is to provide affordable rental housing to very low, low, and moderate-income households by allocating

federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing

Choice Program.

TOTAL STATE FUNDS

$3,287,829

$3,287,829

$3,287,829

$3,287,829

State General Funds

$3,287,829

$3,287,829

$3,287,829

$3,287,829

TOTAL FEDERAL FUNDS

$56,546,807

$56,546,807

$58,351,395

$58,351,395

Federal Funds Not Itemized

$56,546,807

$56,546,807

$58,351,395

$58,351,395

TOTAL AGENCY FUNDS

$2,996,579

$2,996,579

$3,968,285

$3,968,285

Reserved Fund Balances

$9,715

$9,715

$981,421

Reserved Fund Balances Not Itemized

$9,715

$9,715

$981,421

Intergovernmental Transfers

$2,986,864

$2,986,864

$2,986,864

$3,968,285

Intergovernmental Transfers Not Itemized

$2,986,864

$2,986,864

$2,986,864

$3,968,285

TOTAL PUBLIC FUNDS

$62,831,215

$62,831,215

$65,607,509

$65,607,509

Research and Surveys

Continuation Budget

The purpose is to conduct surveys and collect financial/management data from local governments and authorities as

directed by statute.

TOTAL STATE FUNDS

$667,698

$667,698

$667,698

$667,698

State General Funds

$667,698

$667,698

$667,698

$667,698

TOTAL PUBLIC FUNDS

$667,698

$667,698

$667,698

$667,698

Statewide Changes

69.1 WC, GTA, and GBA

State General Funds

$1,044

$1,044

$1,044

$1,044

Changes in Operations / Administration

69.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure

adjustments.

State General Funds

($38,496)

($38,496)

($38,496)

($38,496)

1560

JOURNAL OF THE SENATE

Changes in How the Program is Funded

69.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation

Fee funds for one position and the transfer of one position to Administration.

Intergovernmental Transfers Not Itemized

$51,304

$0

Sales and Services Not Itemized

$51,304

TOTAL PUBLIC FUNDS

$51,304

69. Research and Surveys

Appropriation (HB1026)

The purpose is to conduct surveys and collect financial/management data from local governments and authorities as

directed by statute.

TOTAL STATE FUNDS

$630,246

$630,246

$630,246

$630,246

State General Funds

$630,246

$630,246

$630,246

$630,246

TOTAL AGENCY FUNDS

$51,304

$51,304

Intergovernmental Transfers

$51,304

Intergovernmental Transfers Not Itemized

$51,304

Sales and Services

$51,304

Sales and Services Not Itemized

$51,304

TOTAL PUBLIC FUNDS

$630,246

$630,246

$681,550

$681,550

State Community Development Programs

Continuation Budget

The purpose is to assist Georgia cities, small towns and neighborhoods in the development of their core commercial areas

and champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$1,190,051

$1,190,051

$1,190,051

$1,190,051

State General Funds

$1,190,051

$1,190,051

$1,190,051

$1,190,051

TOTAL PUBLIC FUNDS

$1,190,051

$1,190,051

$1,190,051

$1,190,051

Statewide Changes

70.1 WC, GTA, and GBA

State General Funds

$2,083

$2,083

$2,083

$2,083

Changes in Operations / Administration

70.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure

adjustments.

State General Funds

($542)

($542)

($542)

($542)

WEDNESDAY, MARCH 8, 2006

1561

Changes in How the Program is Funded

70.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation

Fee funds to cover the cost of one position.

Intergovernmental Transfers Not Itemized

$39,338

$0

Sales and Services Not Itemized

$39,338

TOTAL PUBLIC FUNDS

$39,338

70. State Community Development Programs

Appropriation (HB1026)

The purpose is to assist Georgia cities, small towns and neighborhoods in the development of their core commercial areas

and champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$1,191,592

$1,191,592

$1,191,592

$1,191,592

State General Funds

$1,191,592

$1,191,592

$1,191,592

$1,191,592

TOTAL AGENCY FUNDS

$39,338

$39,338

Intergovernmental Transfers

$39,338

Intergovernmental Transfers Not Itemized

$39,338

Sales and Services

$39,338

Sales and Services Not Itemized

$39,338

TOTAL PUBLIC FUNDS

$1,191,592

$1,191,592

$1,230,930

$1,230,930

State Economic Development Program

Continuation Budget

The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means

including making loans and grants.

TOTAL STATE FUNDS

$4,201,762

$4,201,762

$4,201,762

$4,201,762

State General Funds

$4,201,762

$4,201,762

$4,201,762

$4,201,762

TOTAL FEDERAL FUNDS

$11,887

$11,887

$11,887

$11,887

Federal Funds Not Itemized

$11,887

$11,887

$11,887

$11,887

TOTAL PUBLIC FUNDS

$4,213,649

$4,213,649

$4,213,649

$4,213,649

Changes in Operations / Administration

71.1 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure

adjustments.

State General Funds

($182)

($182)

($182)

($182)

One-Time Expense

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JOURNAL OF THE SENATE

71.2 Increase funds for critical economic development projects.

State General Funds

$6,000,000

$3,000,000

$3,000,000

$0

Changes in How the Program is Funded

71.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase OneGeorgia

Authority contract funds to cover the cost of four positions.

Tobacco Settlement Funds

$231,169

$0

71. State Economic Development Program

Appropriation (HB1026)

The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means

including making loans and grants.

TOTAL STATE FUNDS

$10,201,580

$7,201,580

$7,432,749

$4,201,580

State General Funds

$10,201,580

$7,201,580

$7,201,580

$4,201,580

Tobacco Settlement Funds

$231,169

TOTAL FEDERAL FUNDS

$11,887

$11,887

$11,887

$11,887

Federal Funds Not Itemized

$11,887

$11,887

$11,887

$11,887

TOTAL PUBLIC FUNDS

$10,213,467

$7,213,467

$7,444,636

$4,213,467

Payments to Georgia Environmental Facilities Authority

Continuation Budget

The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program.

TOTAL STATE FUNDS

$700,000

$700,000

$700,000

$700,000

State General Funds

$700,000

$700,000

$700,000

$700,000

TOTAL PUBLIC FUNDS

$700,000

$700,000

$700,000

$700,000

One-Time Expense

72.1 Fund the state energy plan to develop a statewide, comprehensive approach to energy efficiency and conservation

planning.

State General Funds

$200,000

$200,000

$200,000

$200,000

72. Payments to Georgia Environmental Facilities Authority

Appropriation (HB1026)

The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program.

TOTAL STATE FUNDS

$900,000

$900,000

$900,000

State General Funds

$900,000

$900,000

$900,000

TOTAL PUBLIC FUNDS

$900,000

$900,000

$900,000

$900,000 $900,000 $900,000

WEDNESDAY, MARCH 8, 2006

1563

Payments to the State Housing Trust Fund

Continuation Budget

The purpose is to provide temporary shelter, permanent housing, and essential services to homeless individuals and

households, and provide affordable housing to persons with special needs.

TOTAL STATE FUNDS

$3,032,892

$3,032,892

$3,032,892

$3,032,892

State General Funds

$3,032,892

$3,032,892

$3,032,892

$3,032,892

TOTAL AGENCY FUNDS

$1,172,459

$1,172,459

$1,172,459

$1,172,459

Sales and Services

$1,172,459

$1,172,459

$1,172,459

$1,172,459

Sales and Services Not Itemized

$1,172,459

$1,172,459

$1,172,459

$1,172,459

TOTAL PUBLIC FUNDS

$4,205,351

$4,205,351

$4,205,351

$4,205,351

Changes in How the Program is Funded

73.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce HUD-ESGP

Administration funds, increase HUD-HOPWA Administration funds, reduce HUD-Shelter Plus Care funds, add

HUD-Housing Management Information System contract funds, increase the State Housing Trust Fund

Administration funds, add Governor's Council on Developmental Disabilities funds, add HUD-HOME

Administration funds, and reduce GHFA Management Fee funds.

Reserved Fund Balances Not Itemized

$811,996

$16,674

Intergovernmental Transfers Not Itemized

$795,322

TOTAL PUBLIC FUNDS

$811,996

$811,996

73. Payments to the State Housing Trust Fund

Appropriation (HB1026)

The purpose is to provide temporary shelter, permanent housing, and essential services to homeless individuals and

households, and provide affordable housing to persons with special needs.

TOTAL STATE FUNDS

$3,032,892

$3,032,892

$3,032,892

$3,032,892

State General Funds

$3,032,892

$3,032,892

$3,032,892

$3,032,892

TOTAL AGENCY FUNDS

$1,172,459

$1,172,459

$1,984,455

$1,984,455

Reserved Fund Balances

$811,996

$16,674

Reserved Fund Balances Not Itemized

$811,996

$16,674

Intergovernmental Transfers

$795,322

Intergovernmental Transfers Not Itemized

$795,322

Sales and Services

$1,172,459

$1,172,459

$1,172,459

$1,172,459

Sales and Services Not Itemized

$1,172,459

$1,172,459

$1,172,459

$1,172,459

TOTAL PUBLIC FUNDS

$4,205,351

$4,205,351

$5,017,347

$5,017,347

1564

JOURNAL OF THE SENATE

Payments to OneGeorgia Authority

Continuation Budget

The purpose is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS

$47,123,333

$47,123,333

$47,123,333

$47,123,333

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,123,333

$47,123,333

TOTAL PUBLIC FUNDS

$47,123,333

$47,123,333

$47,123,333

$47,123,333

Changes in Operations / Administration

74.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to cover projected

administrative operating costs.

Tobacco Settlement Funds

($901,379)

$0

74. Payments to OneGeorgia Authority

Appropriation (HB1026)

The purpose is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS

$47,123,333

$47,123,333

$46,221,954

$47,123,333

Tobacco Settlement Funds

$47,123,333

$47,123,333

$46,221,954

$47,123,333

TOTAL PUBLIC FUNDS

$47,123,333

$47,123,333

$46,221,954

$47,123,333

Payments to Georgia Regional Transportation Authority

Continuation Budget

The purpose is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS

$4,360,581

$4,360,581

$4,360,581

$4,360,581

State General Funds

$4,360,581

$4,360,581

$4,360,581

$4,360,581

TOTAL PUBLIC FUNDS

$4,360,581

$4,360,581

$4,360,581

$4,360,581

Statewide Changes

75.1 WC, GTA, and GBA

State General Funds

$2,647

$2,647

$2,647

$2,647

75. Payments to Georgia Regional Transportation Authority

Appropriation (HB1026)

The purpose is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS

$4,363,228

$4,363,228

$4,363,228

State General Funds

$4,363,228

$4,363,228

$4,363,228

TOTAL PUBLIC FUNDS

$4,363,228

$4,363,228

$4,363,228

$4,363,228 $4,363,228 $4,363,228

If a local assistance grant incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose. If a local assistance grant states an ineligible

WEDNESDAY, MARCH 8, 2006

1565

purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity. If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.
The following appropriations specifically allocate the total appropriation under Program 66 above, "66 Local Assistance Grants .....Appropriation (HB1026):"
LAG# 1 To provide funding to the City of Milledgville for the Silver Haired Legislature $5,000 LAG# 2 To provide funding to the City of Columbus for the Civil War Naval Museum $30,000 LAG# 3 To provide funding for emergency generator for the water system in Crawford County $25,000 LAG# 4 To provide funding to Pike County to join city and county systems at HWY 341 waterline for economic development
business park $300,000 LAG# 5 To provide funding to City of Lula for sewage treatment systems upgrade $125,000 LAG# 6 To provide funding to the City of Gainesille to renovate city storm drain $100,000 LAG# 7 To provide park and renovation funding in the City of St. Simons $155,500 LAG# 8 To provide funding for services for master development plan in Fannin County $50,000 LAG# 9 To provide funding to the City of Chickamauga for expansion to the public library $100,000 LAG# 10 To provide funding to the City of Harlem for Phase II of the sewer and waste pond repair $138,000 LAG# 11 To provide funding for site work development in Columbia County Industrial Park $140,566 LAG# 12 To provide funding to Columbia County library for technology improvements $300,000 LAG# 13 To provide funding to Autrey Mill for historical restoration in Fulton County $250,000 LAG# 14 To provide funding for services to the Official Transportation Museum in Duluth $350,000 LAG# 15 To provide funding for services for the Gwinnett County Neighborhood Leadership Institute $35,000 LAG# 16 To provide funding for engineering study plan for the Old Coweta County Courthouse $35,000 LAG# 17 To provide funds for a match to Hall County for the Phase II Economic Development project $100,000 LAG# 18 To provide funding for services in White County for the Appalachian Community Enterprises non profit small
business incubator $50,000 LAG# 19 To provide funding for partial roof replacement for Historic Oconee County Arts Foundation $15,000 LAG# 20 To provide funding for services in Warner Robbins for the Museum of Aviation $35,000

1566

JOURNAL OF THE SENATE

LAG# 21 To provide funding for park renovations at Lake Tobosotkee in Bibb County $50,000 LAG# 22 To provide funding for Hancock County for warehouse expansion at Saint Gobain $150,000 LAG# 23 To provide funding to Dodge County for the Heart of Georgia Airport Authority $7,500 LAG# 24 To provide funding for services for the City of Newnan for Economic Development $20,000 LAG# 25 To provide funding to the City of Savannah for Battlefield Park youth facility construction $30,000 LAG# 26 To provide funding for the Washington County school system to compensate for one time loss of motor vehicle
advalorem tax revenue due to a shift in collections policy.$125,000 LAG# 27 To provide funding for improvements to the Loganville High School facility in Gwinnett County $50,000 LAG#28 To provide funding for services to Forest Hills Elementary Community Coalition in Dekalb County $15,000 LAG# 29 To provide funding for restoration of the Old School Auditorium for Lanier County $50,000 LAG# 30 To provide funding for services to the City of Atlanta for Intergenerational Resource Center $25,000 LAG# 31 To provide funds for a match to the City of Byromville for Vienna Elementary after school program $2,000 LAG# 32 To provide funding for the Oglethorpe County Agriculture Education Center $50,000 LAG# 33 To provide funding to Northeast Cobb County to expand senior center facility $272,000 LAG# 34 To provide funding to refurbish Live Oak Child Emergency Shelter in Carroll County $50,000 LAG# 35 To provide funds to Hall County for Health Access indigent care initiative $50,000 LAG# 36 To provide funding to the City of Tennille for renovations to the Police Department $35,000 LAG# 37 To provide funding for firehouse expansion in the City of Avery $20,000 LAG# 38 To provide funding for the City of Damascus for firehouse renovations $25,000 LAG# 39 To provide funding for services for Our House in Polk County $25,000 LAG# 40 To provide funding for the Boys and Girls Club in Polk County $25,000 LAG# 41 To provide funding for services to Warner Robbins for the Senior Citizen Center $15,000 LAG# 42 To provide funding to Houston County for assisting Drug Action Council $15,000 LAG# 43 To provide funding to Emanuel County Volunteer Fire Department for equipment $11,000 LAG# 44 To provide funding to Candler County Volunteer Fire Department for equipment $10,000 LAG# 45 To provide funding to Johnson County Volunteer Fire Department for equipment $10,000 LAG# 46 To provide funding to Upson County for construction and start up costs for Harbor House $100,000 LAG# 47 To provide funding for Mitchell County Fire Department $24,500 LAG# 48 To provide funding to the City of Savannah for the Association of the Blind $15,000 LAG# 49 To provide funding to the City of Savannah for the Cardiovascular Center $15,000 LAG# 50 To provide funding to the Augusta Burn Center for indigent care $250,000

WEDNESDAY, MARCH 8, 2006

1567

LAG# 51 To provide funding to the Trion City Schools Board of Education for prior year adjustments to Quality Basic

Education funding $214,009

LAG# 52 To provide funding to the City of Cumming to construct a bulkhead at Mary Alice Park $500,000

Section 17: Community Health, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$2,259,945,634 $2,259,945,634 $2,259,945,634 $2,259,945,634

State General Funds

$2,201,858,248 $2,201,858,248 $2,201,858,248 $2,201,858,248

Tobacco Settlement Funds

$58,087,386

$58,087,386

$58,087,386

$58,087,386

TOTAL FEDERAL FUNDS

$4,535,269,475 $4,535,269,475 $4,535,269,475 $4,535,269,475

Medical Assistance Program CFDA93.778

$4,352,785,895 $4,352,785,895 $4,352,785,895 $4,352,785,895

State Children's Insurance Program CFDA93.767

$182,483,580 $182,483,580 $182,483,580 $182,483,580

TOTAL AGENCY FUNDS

$295,898,629 $295,898,629 $295,898,629 $295,898,629

Contributions, Donations, and Forfeitures

$14,000,000

$14,000,000

$14,000,000

$14,000,000

Intergovernmental Transfers

$281,798,629 $281,798,629 $281,798,629 $281,798,629

Sales and Services

$100,000

$100,000

$100,000

$100,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,300,654,587 $2,300,654,587 $2,300,654,587 $2,300,654,587

TOTAL PUBLIC FUNDS

$9,391,768,325 $9,391,768,325 $9,391,768,325 $9,391,768,325

Section Total - Final

TOTAL STATE FUNDS

$2,298,572,635 $2,295,295,964 $2,295,849,002 $2,292,998,975

State General Funds

$2,240,485,249 $2,237,208,578 $2,237,761,616 $2,234,911,589

Tobacco Settlement Funds

$58,087,386

$58,087,386

$58,087,386

$58,087,386

TOTAL FEDERAL FUNDS

$4,611,330,204 $4,608,744,799 $4,611,132,731 $4,631,829,486

Federal Funds Not Itemized

$500,000

$500,000

$500,000

Medical Assistance Program CFDA93.778

$4,428,846,624 $4,425,761,219 $4,428,149,151 $4,448,845,906

State Children's Insurance Program CFDA93.767

$182,483,580 $182,483,580 $182,483,580 $182,483,580

TOTAL AGENCY FUNDS

$324,359,709 $312,318,540 $313,318,540 $334,591,869

Contributions, Donations, and Forfeitures

$14,000,000

Reserved Fund Balances

$157,200,365 $157,200,365 $158,200,365 $158,200,365

Intergovernmental Transfers

$150,859,344 $152,818,175 $152,818,175 $151,091,504

Rebates, Refunds, and Reimbursements

$23,000,000

Sales and Services

$2,300,000

$2,300,000

$2,300,000

$2,300,000

1568

JOURNAL OF THE SENATE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,530,748,007 $2,530,748,007 $2,530,748,007 $2,532,098,034

TOTAL PUBLIC FUNDS

$9,765,010,555 $9,747,107,310 $9,751,048,280 $9,791,518,364

Departmental Administration and Program Support

Continuation Budget

The purpose is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$62,221,212

$62,221,212

$62,221,212

$62,221,212

State General Funds

$62,221,212

$62,221,212

$62,221,212

$62,221,212

TOTAL FEDERAL FUNDS

$226,667,078 $226,667,078 $226,667,078 $226,667,078

Medical Assistance Program CFDA93.778

$218,520,539 $218,520,539 $218,520,539 $218,520,539

State Children's Insurance Program CFDA93.767

$8,146,539

$8,146,539

$8,146,539

$8,146,539

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$19,158,820

$19,158,820

$19,158,820

$19,158,820

Health Insurance Payments

$19,158,820

$19,158,820

$19,158,820

$19,158,820

TOTAL PUBLIC FUNDS

$308,047,110 $308,047,110 $308,047,110 $308,047,110

Statewide Changes

76.1 WC, GTA, and GBA

State General Funds

$7,283

$7,283

$7,283

$7,283

Medical Assistance Program CFDA93.778

$8,411

$8,411

$8,411

$8,411

TOTAL PUBLIC FUNDS

$15,694

$15,694

$15,694

$15,694

Changes in How the Program is Funded

76.7 Reflect revenue from Children's Intervention School Services. (H and S:YES)

Medical Assistance Program CFDA93.778

($232,160)

($232,160)

($232,160)

Intergovernmental Transfers Not Itemized

$232,160

$232,160

$232,160

TOTAL PUBLIC FUNDS

$0

$0

$0

76.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for the remaining payment to

Copeland & Glenn Southeast, LLC for accounting procedures to leverage more federal funds, Maximus for

CMO/ASO work and computers.

Medical Assistance Program CFDA93.778

$23,000,000

Rebates, Refunds, and Reimbursements Not Itemized

$23,000,000

TOTAL PUBLIC FUNDS

$46,000,000

Changes in the Size of the Program

76.2 Add funds for the Enrollment Broker for Georgia Healthy Families (GHF) managed care program.

WEDNESDAY, MARCH 8, 2006

1569

Medical Assistance Program CFDA93.778

$7,019,157

$7,019,157

$7,019,157

$7,019,157

Reserved Fund Balances Not Itemized

$7,019,157

$7,019,157

$7,019,157

$7,019,157

TOTAL PUBLIC FUNDS

$14,038,314

$14,038,314

$14,038,314

$14,038,314

76.3 Fund additional costs associated with the Medicaid Modernization contracts. (H and S: Do not cover costs

associated with Medicaid Modernization 1115 Waiver.)

State General Funds

$550,000

$0

$0

$0

Medical Assistance Program CFDA93.778

$550,000

$0

$0

$0

TOTAL PUBLIC FUNDS

$1,100,000

$0

$0

$0

76.4 Add funds for the DHR contract Right from the Start Medicaid (RSM). RSM contract funds DHR staff supporting

program.

Medical Assistance Program CFDA93.778

$3,800,000

$3,800,000

$3,800,000

$3,800,000

Reserved Fund Balances Not Itemized

$3,800,000

$3,800,000

$3,800,000

$3,800,000

TOTAL PUBLIC FUNDS

$7,600,000

$7,600,000

$7,600,000

$7,600,000

76.5 Add funds for Eligibility Review contract to conduct process and systems review and audit of member records.

Medical Assistance Program CFDA93.778

$1,870,000

$1,870,000

$1,870,000

$1,870,000

Reserved Fund Balances Not Itemized

$1,870,000

$1,870,000

$1,870,000

$1,870,000

TOTAL PUBLIC FUNDS

$3,740,000

$3,740,000

$3,740,000

$3,740,000

76.6 Redirect funds in Medicaid Benefits to fund additional costs associated with the Non-Emergency Transportation

(NET) contract.

State General Funds

$825,000

$825,000

$825,000

$825,000

76. Departmental Administration and Program Support

Appropriation (HB1026)

The purpose is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$63,603,495

$63,053,495

$63,053,495

$63,053,495

State General Funds

$63,603,495

$63,053,495

$63,053,495

$63,053,495

TOTAL FEDERAL FUNDS

$239,914,646 $239,132,486 $239,132,486 $262,132,486

Medical Assistance Program CFDA93.778

$231,768,107 $230,985,947 $230,985,947 $253,985,947

State Children's Insurance Program CFDA93.767

$8,146,539

$8,146,539

$8,146,539

$8,146,539

TOTAL AGENCY FUNDS

$12,689,157

$12,921,317

$12,921,317

$35,921,317

Reserved Fund Balances

$12,689,157

$12,689,157

$12,689,157

$12,689,157

Reserved Fund Balances Not Itemized

$12,689,157

$12,689,157

$12,689,157

$12,689,157

Intergovernmental Transfers

$232,160

$232,160

$232,160

1570

JOURNAL OF THE SENATE

Intergovernmental Transfers Not Itemized

$232,160

$232,160

$232,160

Rebates, Refunds, and Reimbursements

$23,000,000

Rebates, Refunds, and Reimbursements Not Itemized

$23,000,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$19,158,820

$19,158,820

$19,158,820

$19,158,820

Health Insurance Payments

$19,158,820

$19,158,820

$19,158,820

$19,158,820

TOTAL PUBLIC FUNDS

$335,366,118 $334,266,118 $334,266,118 $380,266,118

Health Care Access and Improvement

Continuation Budget

The purpose is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS

$5,786,551

$5,786,551

$5,786,551

$5,786,551

State General Funds

$5,786,551

$5,786,551

$5,786,551

$5,786,551

TOTAL FEDERAL FUNDS

$549,838

$549,838

$549,838

$549,838

Medical Assistance Program CFDA93.778

$549,838

$549,838

$549,838

$549,838

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

$100,000

Sales and Services

$100,000

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$6,436,389

$6,436,389

$6,436,389

$6,436,389

Statewide Changes

77.1 WC, GTA, and GBA

State General Funds

$1,075

$1,075

$1,075

$1,075

One-Time Expense

77.2 Provide funds for a pilot project in Liberty County with the Community Health Centers.

State General Funds

$500,000

$500,000

$500,000

Federal Funds Not Itemized

$500,000

$500,000

$500,000

TOTAL PUBLIC FUNDS

$1,000,000

$1,000,000

$1,000,000

Changes in How the Program is Funded

77.3 Support the operation of Hughes Spalding Children's Hospital. (S and CC:Transfer from Indigent Care Trust

Fund)

State General Funds

$2,000,000

$2,000,000

77. Health Care Access and Improvement

Appropriation (HB1026)

The purpose is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS

$5,787,626

$6,287,626

$8,287,626

$8,287,626

WEDNESDAY, MARCH 8, 2006

1571

State General Funds

$5,787,626

$6,287,626

$8,287,626

$8,287,626

TOTAL FEDERAL FUNDS

$549,838

$1,049,838

$1,049,838

$1,049,838

Federal Funds Not Itemized

$500,000

$500,000

$500,000

Medical Assistance Program CFDA93.778

$549,838

$549,838

$549,838

$549,838

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

$100,000

Sales and Services

$100,000

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$6,437,464

$7,437,464

$9,437,464

$9,437,464

Indigent Care Trust Fund

Continuation Budget

The purpose is to expand Medicaid eligibility and services; support rural and other healthcare providers, primarily

hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

TOTAL FEDERAL FUNDS

$219,438,624 $219,438,624 $219,438,624 $219,438,624

Medical Assistance Program CFDA93.778

$219,438,624 $219,438,624 $219,438,624 $219,438,624

TOTAL AGENCY FUNDS

$148,828,880 $148,828,880 $148,828,880 $148,828,880

Contributions, Donations, and Forfeitures

$14,000,000

$14,000,000

$14,000,000

$14,000,000

Contributions, Donations, and Forfeitures Not Itemized

$14,000,000

$14,000,000

$14,000,000

$14,000,000

Intergovernmental Transfers

$134,828,880 $134,828,880 $134,828,880 $134,828,880

Intergovernmental Transfers Not Itemized

$134,828,880 $134,828,880 $134,828,880 $134,828,880

TOTAL PUBLIC FUNDS

$368,267,504 $368,267,504 $368,267,504 $368,267,504

Changes in Operations / Administration

78.1 Reflect additional revenue from intergovernmental transfers received from hospitals for Disproportionate Share

Hospital (DSH) program.

Medical Assistance Program CFDA93.778

$71,283,308

$71,283,308

$71,283,308

$71,283,308

Intergovernmental Transfers Not Itemized

$41,830,464

$41,830,464

$41,830,464

$41,830,464

TOTAL PUBLIC FUNDS

$113,113,772 $113,113,772 $113,113,772 $113,113,772

Changes in How the Program is Funded

78.2 Add funds to reflect new CMO provider fee based on 6% of their revenue beginning April 2006.

State General Funds

$21,534,195

$21,534,195

$21,534,195

$21,534,195

Medical Assistance Program CFDA93.778

$33,065,691

$33,065,691

$33,065,691

$33,065,691

TOTAL PUBLIC FUNDS

$54,599,886

$54,599,886

$54,599,886

$54,599,886

1572

JOURNAL OF THE SENATE

78.3 Eliminate funding from Disproportionate Share Hospital (DSH) payments used to support Right from the Start

Medicaid (RSM) Benefit Expansion based on revised federal policy. RSM will be funded in the Low Income Medicaid

Program with State Funds.

Medical Assistance Program CFDA93.778

($37,580,932) ($37,580,932) ($37,580,932) ($37,580,932)

Intergovernmental Transfers Not Itemized

($25,800,000) ($25,800,000) ($25,800,000) ($25,800,000)

TOTAL PUBLIC FUNDS

($63,380,932) ($63,380,932) ($63,380,932) ($63,380,932)

78.4 Reflect projected revenue from ambulance fees.

Medical Assistance Program CFDA93.778

$3,378,093

$3,378,093

$3,378,093

$3,378,093

Sales and Services Not Itemized

$2,200,000

$2,200,000

$2,200,000

$2,200,000

TOTAL PUBLIC FUNDS

$5,578,093

$5,578,093

$5,578,093

$5,578,093

78.5 Fund the state share of the Disproportionate Share Hospital Program for private hospitals with uncompensated

care.(H and S: Fund the State share of the Disproportionate Share Hospital Program for qualifying private

hospitals for uncompensated services to

medically indigent Georgians.)

State General Funds

$14,000,000

$14,000,000

$14,000,000

$14,000,000

Contributions, Donations, and Forfeitures Not Itemized

($14,000,000) ($14,000,000) ($14,000,000)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

78.6 Support the operation of Hughes Spalding Children's Hospital. (S and CC:Transfer to Health Care Access and

Improvement)

State General Funds

$2,000,000

$2,000,000

$0

$0

78. Indigent Care Trust Fund

Appropriation (HB1026)

The purpose is to expand Medicaid eligibility and services; support rural and other healthcare providers, primarily

hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

TOTAL STATE FUNDS

$37,534,195

$37,534,195

$35,534,195

$35,534,195

State General Funds

$37,534,195

$37,534,195

$35,534,195

$35,534,195

TOTAL FEDERAL FUNDS

$289,584,784 $289,584,784 $289,584,784 $289,584,784

Medical Assistance Program CFDA93.778

$289,584,784 $289,584,784 $289,584,784 $289,584,784

TOTAL AGENCY FUNDS

$167,059,344 $153,059,344 $153,059,344 $153,059,344

Contributions, Donations, and Forfeitures

$14,000,000

Contributions, Donations, and Forfeitures Not Itemized

$14,000,000

Intergovernmental Transfers

$150,859,344 $150,859,344 $150,859,344 $150,859,344

WEDNESDAY, MARCH 8, 2006

1573

Intergovernmental Transfers Not Itemized

$150,859,344 $150,859,344 $150,859,344 $150,859,344

Sales and Services

$2,200,000

$2,200,000

$2,200,000

$2,200,000

Sales and Services Not Itemized

$2,200,000

$2,200,000

$2,200,000

$2,200,000

TOTAL PUBLIC FUNDS

$494,178,323 $480,178,323 $478,178,323 $478,178,323

Medicaid: Aged, Blind, and Disabled

Continuation Budget

The purpose is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS

$897,259,297 $897,259,297 $897,259,297 $897,259,297

State General Funds

$895,116,272 $895,116,272 $895,116,272 $895,116,272

Tobacco Settlement Funds

$2,143,025

$2,143,025

$2,143,025

$2,143,025

TOTAL FEDERAL FUNDS

$2,327,230,795 $2,327,230,795 $2,327,230,795 $2,327,230,795

Medical Assistance Program CFDA93.778

$2,327,230,795 $2,327,230,795 $2,327,230,795 $2,327,230,795

TOTAL AGENCY FUNDS

$91,726,671

$91,726,671

$91,726,671

$91,726,671

Intergovernmental Transfers

$91,726,671

$91,726,671

$91,726,671

$91,726,671

Intergovernmental Transfers Not Itemized

$91,726,671

$91,726,671

$91,726,671

$91,726,671

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$270,155,171 $270,155,171 $270,155,171 $270,155,171

Optional Medicaid Services Payments

$270,155,171 $270,155,171 $270,155,171 $270,155,171

TOTAL PUBLIC FUNDS

$3,586,371,934 $3,586,371,934 $3,586,371,934 $3,586,371,934

Changes in How the Program is Funded

79.1 Add funds to replace the loss of Upper Payment Limit (UPL) funds. Per agreement with CMS about the states

continuation of the UPL Program, the practice of overmatching ended July 1, 2005.

State General Funds

$91,726,671

$90,000,000

$90,000,000

$90,000,000

Intergovernmental Transfers Not Itemized

($91,726,671) ($90,000,000) ($90,000,000) ($91,726,671)

TOTAL PUBLIC FUNDS

$0

$0

$0

($1,726,671)

79.2 Add funds in Medicaid Benefits for costs associated with the federal Medicare Part D Clawback provision.

Medicare Part D started in January 2006.

State General Funds

$6,627,262

$6,627,262

$6,627,262

$6,627,262

Medical Assistance Program CFDA93.778

$10,176,140

$10,176,140

$10,176,140

$10,176,140

TOTAL PUBLIC FUNDS

$16,803,402

$16,803,402

$16,803,402

$16,803,402

79.3 Use $13,000,000 in current funds to offset savings not materialized in Disease Management .

State General Funds

$0

$0

$0

$0

Medical Assistance Program CFDA93.778

$0

$0

$0

$0

1574

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

79.4 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of

Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early,

Accounts Receivable Balances.

State General Funds

($88,268,433) ($88,268,433) ($89,268,433) ($89,268,433)

Reserved Fund Balances Not Itemized

$88,268,433

$88,268,433

$89,268,433

$89,268,433

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

79.5 Use $3,100,000 in current funds to offset savings not materialized in the ER Pilot Expansion.

State General Funds

$0

$0

$0

$0

79.6 Use $800,000 in current funds to offset savings not materialized in transferring Nursing Home Residents to

SOURCE.

State General Funds

$0

$0

$0

$0

79.7 Add $10,000,000 in funds materialized in Hospital Costs Settlements.

State General Funds

$0

$0

$0

$0

Changes in the Size of the Program

79.8 Reduce Medicaid Benefit funds based on savings from lower cost in pharmacy and outpatient services.

State General Funds

($10,085,500) ($11,585,500) ($10,085,500) ($11,585,500)

Medical Assistance Program CFDA93.778

($15,486,255) ($17,789,500) ($15,486,255) ($17,789,500)

TOTAL PUBLIC FUNDS

($25,571,755) ($29,375,000) ($25,571,755) ($29,375,000)

79.9 Redirect funds in Medicaid Benefits into Program Administration and Support to fund increases associated with

the Non-Emergency Transportation (NET) contracts. (CC:Redirect funds in Medicaid Benefits ($193,050) into

Program Administration to fund increases associated with the Non-Emergency Transportation (NET) contract and

reduce Medicaid Benefits ($253,000)).

State General Funds

($446,050)

($193,050)

($446,050)

($446,050)

Medical Assistance Program CFDA93.778

($684,908)

($296,428)

($684,908)

($684,908)

TOTAL PUBLIC FUNDS

($1,130,958)

($489,478)

($1,130,958)

($1,130,958)

79.10 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated

with the Medicaid Modernization contract. (H:Reduce Medicaid Benefits)(S:NO)(CC:See item 79.9).

State General Funds

($253,000)

$0

$0

Medical Assistance Program CFDA93.778

($388,480)

$0

$0

TOTAL PUBLIC FUNDS

($641,480)

$0

$0

WEDNESDAY, MARCH 8, 2006

1575

79.11 Add 10 new slots to the Independent Care Waiver Program for Physical Disabilities and Traumatic Brain Injuries

(ICWP) starting April 1, 2006.

State General Funds

$53,038

$53,038

Medical Assistance Program CFDA93.778

$84,687

$84,687

TOTAL PUBLIC FUNDS

$137,725

$137,725

79. Medicaid: Aged, Blind, and Disabled

Appropriation (HB1026)

The purpose is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS

$896,813,247 $893,586,576 $894,139,614 $892,639,614

State General Funds

$894,670,222 $891,443,551 $891,996,589 $890,496,589

Tobacco Settlement Funds

$2,143,025

$2,143,025

$2,143,025

$2,143,025

TOTAL FEDERAL FUNDS

$2,321,235,772 $2,318,932,527 $2,321,320,459 $2,319,017,214

Medical Assistance Program CFDA93.778

$2,321,235,772 $2,318,932,527 $2,321,320,459 $2,319,017,214

TOTAL AGENCY FUNDS

$88,268,433

$89,995,104

$90,995,104

$89,268,433

Reserved Fund Balances

$88,268,433

$88,268,433

$89,268,433

$89,268,433

Reserved Fund Balances Not Itemized

$88,268,433

$88,268,433

$89,268,433

$89,268,433

Intergovernmental Transfers

$1,726,671

$1,726,671

Intergovernmental Transfers Not Itemized

$1,726,671

$1,726,671

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$270,155,171 $270,155,171 $270,155,171 $270,155,171

Optional Medicaid Services Payments

$270,155,171 $270,155,171 $270,155,171 $270,155,171

TOTAL PUBLIC FUNDS

$3,576,472,623 $3,572,669,378 $3,576,610,348 $3,571,080,432

Medicaid: Low-Income Medicaid

Continuation Budget

The purpose is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$1,085,234,722 $1,085,234,722 $1,085,234,722 $1,085,234,722

State General Funds

$1,034,261,066 $1,034,261,066 $1,034,261,066 $1,034,261,066

Tobacco Settlement Funds

$50,973,656

$50,973,656

$50,973,656

$50,973,656

TOTAL FEDERAL FUNDS

$1,439,078,743 $1,439,078,743 $1,439,078,743 $1,439,078,743

Medical Assistance Program CFDA93.778

$1,439,078,743 $1,439,078,743 $1,439,078,743 $1,439,078,743

TOTAL AGENCY FUNDS

$55,243,078

$55,243,078

$55,243,078

$55,243,078

Intergovernmental Transfers

$55,243,078

$55,243,078

$55,243,078

$55,243,078

Intergovernmental Transfers Not Itemized

$55,243,078

$55,243,078

$55,243,078

$55,243,078

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$51,458,128

$51,458,128

$51,458,128

$51,458,128

1576

JOURNAL OF THE SENATE

Optional Medicaid Services Payments

$51,458,128

$51,458,128

$51,458,128

$51,458,128

TOTAL PUBLIC FUNDS

$2,631,014,671 $2,631,014,671 $2,631,014,671 $2,631,014,671

Changes in Operations / Administration

80.1 Add funds to move from cash to accrual based accounting to accommodate capitation payments made to CMO's in

lieu of traditional fee-for-service payments beginning April 1, 2006.

State General Funds

$18,869,655

$18,869,655

$18,869,655

$18,869,655

Medical Assistance Program CFDA93.778

$28,974,295

$28,974,295

$28,974,295

$28,974,295

TOTAL PUBLIC FUNDS

$47,843,950

$47,843,950

$47,843,950

$47,843,950

Changes in How the Program is Funded

80.2 Replace funds eliminated in the Indigent Care Trust Fund for Right from the Start Medicaid (RSM) due to Federal

policy changes in the Disproportionate Share Hospital (DSH) Program.

State General Funds

$22,000,000

$22,000,000

$22,000,000

$22,000,000

Medical Assistance Program CFDA93.778

$33,780,933

$33,780,933

$33,780,933

$33,780,933

TOTAL PUBLIC FUNDS

$55,780,933

$55,780,933

$55,780,933

$55,780,933

80.3 Add funds to replace the loss of Upper Payment Limit (UPL) Funds for pregnant women and children. Per

agreement with CMS about the states continuation of the UPL Program, the practice of overmatching ended July 1,

2005.

State General Funds

$55,243,078

$55,243,078

$55,243,078

$55,243,078

Intergovernmental Transfers Not Itemized

($55,243,078) ($55,243,078) ($55,243,078) ($55,243,078)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

80.4 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of

Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early,

Accounts Receivable Balances.

State General Funds

($56,242,775) ($56,242,775) ($56,242,775) ($56,242,775)

Reserved Fund Balances Not Itemized

$56,242,775

$56,242,775

$56,242,775

$56,242,775

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

Changes in the Size of the Program

80.5 Reduce Medicaid Benefit funds based on lower costs in pharmacy and outpatient services.

State General Funds

($6,723,668)

($6,723,668)

($6,723,668)

($6,723,668)

Medical Assistance Program CFDA93.778

($10,324,172) ($10,324,172) ($10,324,172) ($10,324,172)

TOTAL PUBLIC FUNDS

($17,047,840) ($17,047,840) ($17,047,840) ($17,047,840)

WEDNESDAY, MARCH 8, 2006

1577

80.6 Reduce Medicaid Benefit funds based on projected savings of 8% over the traditional fee-for-service payments

from implementation of the Managed Care Model starting April 1, 2006, in the Atlanta and Central Regions.

State General Funds

($11,612,095) ($11,612,095) ($11,612,095) ($11,612,095)

Medical Assistance Program CFDA93.778

($17,830,337) ($17,830,337) ($17,830,337) ($17,830,337)

TOTAL PUBLIC FUNDS

($29,442,432) ($29,442,432) ($29,442,432) ($29,442,432)

80.7 Reduce funds for Medicaid Benefits starting April 1, 2006 for participating CMOs to remit provider fees based on

6% of their revenue.

State General Funds

($21,534,195) ($21,534,195) ($21,534,195) ($21,534,195)

Medical Assistance Program CFDA93.778

($33,065,691) ($33,065,691) ($33,065,691) ($33,065,691)

TOTAL PUBLIC FUNDS

($54,599,886) ($54,599,886) ($54,599,886) ($54,599,886)

80.8 Transfer from DHR Community Services Adult program to implement Georgia Healthy Families which serves

Medicaid clients who receive mental health services. (CC:Recognize delayed implementation)

State General Funds

$2,025,041

$2,025,041

$2,025,041

$675,014

Optional Medicaid Services Payments

($2,025,041)

($2,025,041)

($2,025,041)

($675,014)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

80.9 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated

with the Non-Emergency Transportation (NET) contract. (CC:Redirect funds in Medicaid Benefits ($631,950) into

Program Administration to fund increases associated with the Non-Emergency Transportation (NET) contract, and

reduce Medicaid Benefits ($297,000)).

State General Funds

($928,950)

($631,950)

($928,950)

($928,950)

Medical Assistance Program CFDA93.778

($1,426,400)

($970,357)

($1,426,400)

($1,426,400)

TOTAL PUBLIC FUNDS

($2,355,350)

($1,602,307)

($2,355,350)

($2,355,350)

80.10 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated

with the Medicaid Modernization contract.(H:Reduce Medicaid Benefits)(S:NO)(CC:See item 80.9)

State General Funds

($297,000)

$0

$0

Medical Assistance Program CFDA93.778

($456,043)

$0

$0

TOTAL PUBLIC FUNDS

($753,043)

$0

$0

80. Medicaid: Low-Income Medicaid

Appropriation (HB1026)

The purpose is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$1,086,330,813 $1,086,330,813 $1,086,330,813 $1,084,980,786

State General Funds

$1,035,357,157 $1,035,357,157 $1,035,357,157 $1,034,007,130

1578

JOURNAL OF THE SENATE

Tobacco Settlement Funds

$50,973,656

$50,973,656

$50,973,656

$50,973,656

TOTAL FEDERAL FUNDS

$1,439,187,371 $1,439,187,371 $1,439,187,371 $1,439,187,371

Medical Assistance Program CFDA93.778

$1,439,187,371 $1,439,187,371 $1,439,187,371 $1,439,187,371

TOTAL AGENCY FUNDS

$56,242,775

$56,242,775

$56,242,775

$56,242,775

Reserved Fund Balances

$56,242,775

$56,242,775

$56,242,775

$56,242,775

Reserved Fund Balances Not Itemized

$56,242,775

$56,242,775

$56,242,775

$56,242,775

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$49,433,087

$49,433,087

$49,433,087

$50,783,114

Optional Medicaid Services Payments

$49,433,087

$49,433,087

$49,433,087

$50,783,114

TOTAL PUBLIC FUNDS

$2,631,194,046 $2,631,194,046 $2,631,194,046 $2,631,194,046

Nursing Home Provider Fees

Continuation Budget

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees

paid to the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31. The sum of money is

appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS

$100,229,284 $100,229,284 $100,229,284 $100,229,284

State General Funds

$100,229,284 $100,229,284 $100,229,284 $100,229,284

TOTAL FEDERAL FUNDS

$147,967,356 $147,967,356 $147,967,356 $147,967,356

Medical Assistance Program CFDA93.778

$147,967,356 $147,967,356 $147,967,356 $147,967,356

TOTAL PUBLIC FUNDS

$248,196,640 $248,196,640 $248,196,640 $248,196,640

Changes in the Size of the Program

81.1 Adjust to reflect actual nursing home provider fee revenue in FY 2006.

State General Funds

($942,108)

($942,108)

($942,108)

($942,108)

Medical Assistance Program CFDA93.778

($1,446,604)

($1,446,604)

($1,446,604)

($1,446,604)

TOTAL PUBLIC FUNDS

($2,388,712)

($2,388,712)

($2,388,712)

($2,388,712)

81. Nursing Home Provider Fees

Appropriation (HB1026)

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees

paid to the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31. The sum of money is

appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS

$99,287,176

$99,287,176

$99,287,176

$99,287,176

State General Funds

$99,287,176

$99,287,176

$99,287,176

$99,287,176

TOTAL FEDERAL FUNDS

$146,520,752 $146,520,752 $146,520,752 $146,520,752

WEDNESDAY, MARCH 8, 2006

1579

Medical Assistance Program CFDA93.778

$146,520,752 $146,520,752 $146,520,752 $146,520,752

TOTAL PUBLIC FUNDS

$245,807,928 $245,807,928 $245,807,928 $245,807,928

PeachCare

Continuation Budget

The purpose is to offer comprehensive health care to uninsured children living in Georgia.

TOTAL STATE FUNDS

$67,159,673

$67,159,673

$67,159,673

$67,159,673

State General Funds

$62,188,968

$62,188,968

$62,188,968

$62,188,968

Tobacco Settlement Funds

$4,970,705

$4,970,705

$4,970,705

$4,970,705

TOTAL FEDERAL FUNDS

$174,337,041 $174,337,041 $174,337,041 $174,337,041

State Children's Insurance Program CFDA93.767

$174,337,041 $174,337,041 $174,337,041 $174,337,041

TOTAL PUBLIC FUNDS

$241,496,714 $241,496,714 $241,496,714 $241,496,714

Changes in the Size of the Program

82.1 Restore the dental codes cut in FY 2006 budget in the PeachCare dental budget using funds already included in the

CMO rates as members move into risk-based managed care.(H and S:YES)

State General Funds

$0

$0

$0

$0

82. PeachCare

Appropriation (HB1026)

The purpose is to offer comprehensive health care to uninsured children living in Georgia.

TOTAL STATE FUNDS

$67,159,673

$67,159,673

$67,159,673

$67,159,673

State General Funds

$62,188,968

$62,188,968

$62,188,968

$62,188,968

Tobacco Settlement Funds

$4,970,705

$4,970,705

$4,970,705

$4,970,705

TOTAL FEDERAL FUNDS

$174,337,041 $174,337,041 $174,337,041 $174,337,041

State Children's Insurance Program CFDA93.767

$174,337,041 $174,337,041 $174,337,041 $174,337,041

TOTAL PUBLIC FUNDS

$241,496,714 $241,496,714 $241,496,714 $241,496,714

State Health Benefit Plan

Continuation Budget

The purpose is to provide to state employees a healthcare benefit that is competitive with other commercial benefit plans in

quality of care, access to providers and efficient management of provider fees. It is the intent of this General Assembly that

the employer contribution rate for the teachers' and state employees' health benefit plan for SFY 2006 shall not exceed

14.30%.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,959,882,468 $1,959,882,468 $1,959,882,468 $1,959,882,468

Health Insurance Payments

$1,959,882,468 $1,959,882,468 $1,959,882,468 $1,959,882,468

TOTAL PUBLIC FUNDS

$1,959,882,468 $1,959,882,468 $1,959,882,468 $1,959,882,468

1580

JOURNAL OF THE SENATE

Changes in Operations / Administration

83.1 Increase funds to reflect appropriated employer contributions and employee premiums for the State Health Benefit

Plan.

Health Insurance Payments

$232,118,461 $232,118,461 $232,118,461 $232,118,461

83. State Health Benefit Plan

Appropriation (HB1026)

The purpose is to provide to state employees a healthcare benefit that is competitive with other commercial benefit plans in

quality of care, access to providers and efficient management of provider fees. It is the intent of this General Assembly that

the employer contribution rate for the teachers' and state employees' health benefit plan for SFY 2006 shall not exceed

14.30%.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929

Health Insurance Payments

$2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929

TOTAL PUBLIC FUNDS

$2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929

Composite Board of Medical Examiners

Continuation Budget

The purpose of this program is to ensure quality health care by licensing qualified applicants as physicians, physician's

assistants, physician residents in training, per fusionists, respiratory care professionals, acupuncturists and auricular (ear)

detoxification specialists.

TOTAL STATE FUNDS

$2,135,705

$2,135,705

$2,135,705

$2,135,705

State General Funds

$2,135,705

$2,135,705

$2,135,705

$2,135,705

TOTAL PUBLIC FUNDS

$2,135,705

$2,135,705

$2,135,705

$2,135,705

Statewide Changes

84.1 WC, GTA, and GBA

State General Funds

$1,137

$1,137

$1,137

$1,137

84. Composite Board of Medical Examiners

Appropriation (HB1026)

The purpose of this program is to ensure quality health care by licensing qualified applicants as physicians, physician's

assistants, physician residents in training, per fusionists, respiratory care professionals, acupuncturists and auricular (ear)

detoxification specialists.

TOTAL STATE FUNDS

$2,136,842

$2,136,842

$2,136,842

$2,136,842

State General Funds

$2,136,842

$2,136,842

$2,136,842

$2,136,842

TOTAL PUBLIC FUNDS

$2,136,842

$2,136,842

$2,136,842

$2,136,842

Physician Workforce, Georgia Board of: Board

Continuation Budget

The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce.

WEDNESDAY, MARCH 8, 2006

1581

TOTAL STATE FUNDS

$533,241

$533,241

$533,241

$533,241

State General Funds

$533,241

$533,241

$533,241

$533,241

TOTAL PUBLIC FUNDS

$533,241

$533,241

$533,241

$533,241

Statewide Changes

85.1 WC, GTA, and GBA

State General Funds

$256

$256

$256

$256

85. Physician Workforce, Georgia Board of: Board Administration

Appropriation (HB1026)

The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce.

TOTAL STATE FUNDS

$533,497

$533,497

$533,497

$533,497

State General Funds

$533,497

$533,497

$533,497

$533,497

TOTAL PUBLIC FUNDS

$533,497

$533,497

$533,497

$533,497

Physician Workforce, Georgia Board of: Graduate Medical

Continuation Budget

Education

The purpose is to ensure an adequate supply of primary care and other needed physician specialists through cost effective

public/private partnerships with Georgia's private medical schools.

TOTAL STATE FUNDS

$6,501,965

$6,501,965

$6,501,965

$6,501,965

State General Funds

$6,501,965

$6,501,965

$6,501,965

$6,501,965

TOTAL PUBLIC FUNDS

$6,501,965

$6,501,965

$6,501,965

$6,501,965

86. Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB1026)

The purpose is to ensure an adequate supply of primary care and other needed physician specialists through cost effective

public/private partnerships with Georgia's private medical schools.

TOTAL STATE FUNDS

$6,501,965

$6,501,965

$6,501,965

$6,501,965

State General Funds

$6,501,965

$6,501,965

$6,501,965

$6,501,965

TOTAL PUBLIC FUNDS

$6,501,965

$6,501,965

$6,501,965

$6,501,965

Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Continuation Budget

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$17,960,862

$17,960,862

$17,960,862

$17,960,862

State General Funds

$17,960,862

$17,960,862

$17,960,862

$17,960,862

TOTAL PUBLIC FUNDS

$17,960,862

$17,960,862

$17,960,862

$17,960,862

1582

JOURNAL OF THE SENATE

87. Physician Workforce, Georgia Board of: Mercer School of

Appropriation (HB1026)

Medicine Grant

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$17,960,862

$17,960,862

$17,960,862

$17,960,862

State General Funds

$17,960,862

$17,960,862

$17,960,862

$17,960,862

TOTAL PUBLIC FUNDS

$17,960,862

$17,960,862

$17,960,862

$17,960,862

Physician Workforce, Georgia Board of: Morehouse School of

Medicine Grant

Continuation Budget

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$10,141,628

$10,141,628

$10,141,628

$10,141,628

State General Funds

$10,141,628

$10,141,628

$10,141,628

$10,141,628

TOTAL PUBLIC FUNDS

$10,141,628

$10,141,628

$10,141,628

$10,141,628

88. Physician Workforce, Georgia Board of: Morehouse

Appropriation (HB1026)

School of Medicine Grant

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$10,141,628

$10,141,628

$10,141,628

$10,141,628

State General Funds

$10,141,628

$10,141,628

$10,141,628

$10,141,628

TOTAL PUBLIC FUNDS

$10,141,628

$10,141,628

$10,141,628

$10,141,628

Physician Workforce, Georgia Board of: Undergraduate

Continuation Budget

Medical Education

The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the

support and development of medical education programs.

TOTAL STATE FUNDS

$3,428,706

$3,428,706

$3,428,706

$3,428,706

State General Funds

$3,428,706

$3,428,706

$3,428,706

$3,428,706

TOTAL PUBLIC FUNDS

$3,428,706

$3,428,706

$3,428,706

$3,428,706

89. Physician Workforce, Georgia Board of: Undergraduate

Appropriation (HB1026)

Medical Education

WEDNESDAY, MARCH 8, 2006

1583

The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the

support and development of medical education programs.

TOTAL STATE FUNDS

$3,428,706

$3,428,706

$3,428,706

$3,428,706

State General Funds

$3,428,706

$3,428,706

$3,428,706

$3,428,706

TOTAL PUBLIC FUNDS

$3,428,706

$3,428,706

$3,428,706

$3,428,706

Medical Education Board, State

Continuation Budget

The purpose is to provide an adequate supply of physicians in rural areas of the state; and to provide a program of aid to

promising medical students.

TOTAL STATE FUNDS

$1,352,788

$1,352,788

$1,352,788

$1,352,788

State General Funds

$1,352,788

$1,352,788

$1,352,788

$1,352,788

TOTAL PUBLIC FUNDS

$1,352,788

$1,352,788

$1,352,788

$1,352,788

Statewide Changes

90.1 WC, GTA, and GBA

State General Funds

$122

$122

$122

$122

90. Medical Education Board, State

Appropriation (HB1026)

The purpose is to provide an adequate supply of physicians in rural areas of the state; and to provide a program of aid to

promising medical students.

TOTAL STATE FUNDS

$1,352,910

$1,352,910

$1,352,910

$1,352,910

State General Funds

$1,352,910

$1,352,910

$1,352,910

$1,352,910

TOTAL PUBLIC FUNDS

$1,352,910

$1,352,910

$1,352,910

$1,352,910

This paragraph applies to and only to the appropriations for the "MEDICAID: LOW-INCOME MEDICAID" and

"MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department of Community Health. The appropriation of

a particular fund source for each program is the amount stated plus up to an additional amount of 2 percent (2%) of the

amount stated. However, if the additional authority is used, the appropriation of the same fund source for the other

program to that agency is reduced in the same amount, such that the stated total in program appropriations from that fund

source for the two programs is not exceeded. However, the additional amount must be from a fund source which is lawfully

available for the program to which it is added.

Section 18: Corrections, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$927,228,065 $927,228,065 $927,228,065 $927,228,065

State General Funds

$927,228,065 $927,228,065 $927,228,065 $927,228,065

1584

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$10,316,943

$10,316,943

$10,316,943

$10,316,943

Federal Funds Not Itemized

$10,316,943

$10,316,943

$10,316,943

$10,316,943

TOTAL AGENCY FUNDS

$21,256,350

$21,256,350

$21,256,350

$21,256,350

Royalties and Rents

$3,837,834

$3,837,834

$3,837,834

$3,837,834

Sales and Services

$17,418,516

$17,418,516

$17,418,516

$17,418,516

TOTAL PUBLIC FUNDS

$958,801,358 $958,801,358 $958,801,358 $958,801,358

Section Total - Final

TOTAL STATE FUNDS

$967,182,400 $967,631,189 $967,631,189 $967,631,189

State General Funds

$967,182,400 $967,631,189 $967,631,189 $967,631,189

TOTAL FEDERAL FUNDS

$10,299,982

$10,302,730

$15,353,265

$15,353,265

Federal Funds Not Itemized

$10,299,982

$10,302,730

$15,350,854

$15,350,854

Federal Highway Administration Planning & Construction

$2,411

$2,411

CFDA20.205

TOTAL AGENCY FUNDS

$20,725,148

$20,747,651

$38,436,866

$38,276,852

Reserved Fund Balances

$234,681

$234,681

Rebates, Refunds, and Reimbursements

$1,968,576

$1,874,018

Royalties and Rents

$3,533,632

$3,533,632

$6,592,371

$6,592,371

Sales and Services

$17,191,516

$17,214,019

$29,641,238

$29,575,782

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,308,201

$1,308,201

TOTAL PUBLIC FUNDS

$998,207,530 $998,681,570 $1,022,729,521 $1,022,569,507

Bainbridge Probation Substance Abuse Treatment Center

Continuation Budget

The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided

by regular community supervision.

TOTAL STATE FUNDS

$3,226,673

$3,226,673

$3,226,673

$3,226,673

State General Funds

$3,226,673

$3,226,673

$3,226,673

$3,226,673

TOTAL FEDERAL FUNDS

$20,743

$20,743

$20,743

$20,743

Federal Funds Not Itemized

$20,743

$20,743

$20,743

$20,743

TOTAL AGENCY FUNDS

$7,046

$7,046

$7,046

$7,046

Sales and Services

$7,046

$7,046

$7,046

$7,046

Sales and Services Not Itemized

$7,046

$7,046

$7,046

$7,046

TOTAL PUBLIC FUNDS

$3,254,462

$3,254,462

$3,254,462

$3,254,462

WEDNESDAY, MARCH 8, 2006

1585

Statewide Changes

91.1 WC, GTA, and GBA

State General Funds

$4,434

$4,434

$4,434

$4,434

Changes in Operations / Administration

91.5 Provide additional funds for increased utilities cost.

State General Funds

$51,159

Changes in the Size of the Program

91.2 Transfer RSAT Contract Funds to cover PSATC Contract Costs increases. This increase is based on the state

employee payraise (2%).

State General Funds

$13,330

$13,330

$13,330

$13,330

91.3 Reduce funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($51,930)

($51,930)

($51,930)

($51,930)

91.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for violent offender bedspace and the Spectrum Contract.

Federal Funds Not Itemized

$400,480

$400,480

Sales and Services Not Itemized

$6,807

$6,807

TOTAL PUBLIC FUNDS

$407,287

$407,287

91. Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB1026)

The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided

by regular community supervision.

TOTAL STATE FUNDS

$3,192,507

$3,192,507

$3,192,507

$3,243,666

State General Funds

$3,192,507

$3,192,507

$3,192,507

$3,243,666

TOTAL FEDERAL FUNDS

$20,743

$20,743

$421,223

$421,223

Federal Funds Not Itemized

$20,743

$20,743

$421,223

$421,223

TOTAL AGENCY FUNDS

$7,046

$7,046

$13,853

$13,853

Sales and Services

$7,046

$7,046

$13,853

$13,853

Sales and Services Not Itemized

$7,046

$7,046

$13,853

$13,853

TOTAL PUBLIC FUNDS

$3,220,296

$3,220,296

$3,627,583

$3,678,742

Compensation Per General Assembly Resolutions

Continuation Budget

The purpose is to fund HR108 of the 2005 session.

1586

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$512,377

$512,377

$512,377

$512,377

State General Funds

$512,377

$512,377

$512,377

$512,377

TOTAL PUBLIC FUNDS

$512,377

$512,377

$512,377

$512,377

One-Time Expense

92.1 Provide full funding of an annuity for a wrongfully convicted inmate as required by HR108.

State General Funds

$200,000

$200,000

$200,000

$200,000

92. Compensation Per General Assembly Resolutions

Appropriation (HB1026)

The purpose is to fund HR108 of the 2005 session.

TOTAL STATE FUNDS

$712,377

$712,377

$712,377

$712,377

State General Funds

$712,377

$712,377

$712,377

$712,377

TOTAL PUBLIC FUNDS

$712,377

$712,377

$712,377

$712,377

County Jail Subsidy

Continuation Budget

The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

TOTAL STATE FUNDS

$9,653,491

$9,653,491

$9,653,491

$9,653,491

State General Funds

$9,653,491

$9,653,491

$9,653,491

$9,653,491

TOTAL FEDERAL FUNDS

$2,501,508

$2,501,508

$2,501,508

$2,501,508

Federal Funds Not Itemized

$2,501,508

$2,501,508

$2,501,508

$2,501,508

TOTAL PUBLIC FUNDS

$12,154,999

$12,154,999

$12,154,999

$12,154,999

Changes in the Size of the Program

93.1 Provide additional funds for County Subsidy for Jails.

State General Funds

$3,175,805

$3,175,805

$3,175,805

$3,175,805

93. County Jail Subsidy

Appropriation (HB1026)

The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

TOTAL STATE FUNDS

$12,829,296

$12,829,296

$12,829,296

$12,829,296

State General Funds

$12,829,296

$12,829,296

$12,829,296

$12,829,296

TOTAL FEDERAL FUNDS

$2,501,508

$2,501,508

$2,501,508

$2,501,508

Federal Funds Not Itemized

$2,501,508

$2,501,508

$2,501,508

$2,501,508

TOTAL PUBLIC FUNDS

$15,330,804

$15,330,804

$15,330,804

$15,330,804

Departmental Administration

Continuation Budget

The purpose is to protect and serve the citizens of Georgia by providing an effective and efficient department that

administers a balanced correctional system.

WEDNESDAY, MARCH 8, 2006

1587

TOTAL STATE FUNDS

$53,012,017

$53,012,017

$53,012,017

$53,012,017

State General Funds

$53,012,017

$53,012,017

$53,012,017

$53,012,017

TOTAL FEDERAL FUNDS

$1,836,000

$1,836,000

$1,836,000

$1,836,000

Federal Funds Not Itemized

$1,836,000

$1,836,000

$1,836,000

$1,836,000

TOTAL PUBLIC FUNDS

$54,848,017

$54,848,017

$54,848,017

$54,848,017

Statewide Changes

94.1 WC, GTA, and GBA

State General Funds

$74,732

$74,732

$74,732

$74,732

Changes in Operations / Administration

94.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds for claims

and judgments and to cover deficits.

State General Funds

($93,740)

($93,740)

94.11 Provide additional funds for increased utilities cost.

State General Funds

$91,450

One-Time Expense

94.9 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds from

insurance claims and telephone commission funds for operating expenses.

Rebates, Refunds, and Reimbursements Not Itemized

$115,229

$20,671

Agency to Agency Contracts

$65,456

$65,456

TOTAL PUBLIC FUNDS

$180,685

$86,127

94.10 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for reimbursement from the

G-8 Summit.

Federal Funds Not Itemized

$10,000

$10,000

Changes in the Size of the Program

94.2 Transfer RSAT Contract Funds to cover the RSAT Vocational Education component in the State Prison Program

and the RSAT contract increase in the Bainbridge PSATC Program.

State General Funds

($214,569)

($214,569)

($214,569)

($214,569)

94.3 Transfer funds from closing a Probation Detention Center to cover the assessment fees for fuel storage tanks.

State General Funds

$220,000

$0

$0

$0

94.4 Transfer funds from closing a Probation Detention Center to cover fees to store records at the State Record Center.

State General Funds

$60,963

$0

$0

$0

1588

JOURNAL OF THE SENATE

94.5 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along

with subsequent transfers of positions between programs.

State General Funds

$2,513,950

$2,513,950

$2,513,950

$2,513,950

94.6 Transfer one position to the Georgia Peace Officer Standards and Training Council have case investigations

performed by an outside party so a GDC officer is not investigated by a GDC Investigator.

State General Funds

($10,767)

($10,767)

($10,767)

($10,767)

94.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and agency funds for the State Criminal Alien Assistance program, life skills training for inmates, and violent

offender bedspace.

Federal Funds Not Itemized

$547,590

$547,590

Federal Highway Administration Planning & Construction

$2,411

$2,411

CFDA20.205

Royalties and Rents Not Itemized

$2,233,259

$2,233,259

Sales and Services Not Itemized

$1,220,041

$1,154,585

TOTAL PUBLIC FUNDS

$4,003,301

$3,937,845

94. Departmental Administration

Appropriation (HB1026)

The purpose is to protect and serve the citizens of Georgia by providing an effective and efficient department that

administers a balanced correctional system.

TOTAL STATE FUNDS

$55,656,326

$55,375,363

$55,281,623

$55,373,073

State General Funds

$55,656,326

$55,375,363

$55,281,623

$55,373,073

TOTAL FEDERAL FUNDS

$1,836,000

$1,836,000

$2,396,001

$2,396,001

Federal Funds Not Itemized

$1,836,000

$1,836,000

$2,393,590

$2,393,590

Federal Highway Administration Planning & Construction

$2,411

$2,411

CFDA20.205

TOTAL AGENCY FUNDS

$3,568,529

$3,408,515

Rebates, Refunds, and Reimbursements

$115,229

$20,671

Rebates, Refunds, and Reimbursements Not Itemized

$115,229

$20,671

Royalties and Rents

$2,233,259

$2,233,259

Royalties and Rents Not Itemized

$2,233,259

$2,233,259

Sales and Services

$1,220,041

$1,154,585

Sales and Services Not Itemized

$1,220,041

$1,154,585

WEDNESDAY, MARCH 8, 2006

1589

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$65,456

$65,456

Agency to Agency Contracts

$65,456

$65,456

TOTAL PUBLIC FUNDS

$57,492,326

$57,211,363

$61,311,609

$61,243,045

Detention Centers

Continuation Budget

The purpose is to provide a sanctioning option for probationers who require more security or supervision than provided by

regular community supervision or a diversion center.

TOTAL STATE FUNDS

$43,455,859

$43,455,859

$43,455,859

$43,455,859

State General Funds

$43,455,859

$43,455,859

$43,455,859

$43,455,859

TOTAL FEDERAL FUNDS

$2,574,466

$2,574,466

$2,574,466

$2,574,466

Federal Funds Not Itemized

$2,574,466

$2,574,466

$2,574,466

$2,574,466

TOTAL AGENCY FUNDS

$1,136,399

$1,136,399

$1,136,399

$1,136,399

Sales and Services

$1,136,399

$1,136,399

$1,136,399

$1,136,399

Sales and Services Not Itemized

$1,136,399

$1,136,399

$1,136,399

$1,136,399

TOTAL PUBLIC FUNDS

$47,166,724

$47,166,724

$47,166,724

$47,166,724

Statewide Changes

95.1 WC, GTA, and GBA

State General Funds

$64,266

$64,266

$64,266

$64,266

Changes in Operations / Administration

95.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to cover

deficits.

State General Funds

($89,240)

($89,240)

95.8 Provide additional funds for increased utilities cost.

State General Funds

$965,798

Changes in the Size of the Program

95.2 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along

with subsequent transfers of positions between programs.

State General Funds

$535,252

$535,252

$535,252

$535,252

95.3 Transfer funds from closing a Probation Detention Center to Inmate Release Funds, Fuel Storage Tank

Maintenance, State Record Center storage and Medical Payments to County Correctional Institutions.

State General Funds

($1,463,780)

$0

$0

$0

Federal Funds Not Itemized

($2,748)

$0

$0

$0

1590

JOURNAL OF THE SENATE

Sales and Services Not Itemized

($22,503)

$0

$0

$0

TOTAL PUBLIC FUNDS

($1,489,031)

$0

$0

$0

95.4 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith

State Prison.

State General Funds

($1,295,585)

($1,295,585)

($1,295,585)

($1,295,585)

Federal Funds Not Itemized

($9,910)

($9,910)

($9,910)

($9,910)

Sales and Services Not Itemized

($202,889)

($202,889)

($202,889)

($202,889)

TOTAL PUBLIC FUNDS

($1,508,384)

($1,508,384)

($1,508,384)

($1,508,384)

95.5 Redistribute funds from converting a Probation Detention Center to a State Prison Unit.

State General Funds

($1,340,431)

($1,340,431)

($1,340,431)

($1,340,431)

Federal Funds Not Itemized

($18,685)

($18,685)

($18,685)

($18,685)

Sales and Services Not Itemized

($15,747)

($15,747)

($15,747)

($15,747)

TOTAL PUBLIC FUNDS

($1,374,863)

($1,374,863)

($1,374,863)

($1,374,863)

95.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for violent offender bedspace and contracts for offender work detail.

Federal Funds Not Itemized

$2,025,459

$2,025,459

Royalties and Rents Not Itemized

$600,000

$600,000

Sales and Services Not Itemized

$4,425,085

$4,425,085

TOTAL PUBLIC FUNDS

$7,050,544

$7,050,544

95. Detention Centers

Appropriation (HB1026)

The purpose is to provide a sanctioning option for probationers who require more security or supervision than provided by

regular community supervision or a diversion center.

TOTAL STATE FUNDS

$39,955,581

$41,419,361

$41,330,121

$42,295,919

State General Funds

$39,955,581

$41,419,361

$41,330,121

$42,295,919

TOTAL FEDERAL FUNDS

$2,543,123

$2,545,871

$4,571,330

$4,571,330

Federal Funds Not Itemized

$2,543,123

$2,545,871

$4,571,330

$4,571,330

TOTAL AGENCY FUNDS

$895,260

$917,763

$5,942,848

$5,942,848

Royalties and Rents

$600,000

$600,000

Royalties and Rents Not Itemized

$600,000

$600,000

Sales and Services

$895,260

$917,763

$5,342,848

$5,342,848

Sales and Services Not Itemized

$895,260

$917,763

$5,342,848

$5,342,848

WEDNESDAY, MARCH 8, 2006

1591

TOTAL PUBLIC FUNDS

$43,393,964

$44,882,995

$51,844,299

$52,810,097

Food and Farm Operations

Continuation Budget

The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$12,407,740

$12,407,740

$12,407,740

$12,407,740

State General Funds

$12,407,740

$12,407,740

$12,407,740

$12,407,740

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

$22,000

Federal Funds Not Itemized

$22,000

$22,000

$22,000

$22,000

TOTAL AGENCY FUNDS

$194,725

$194,725

$194,725

$194,725

Sales and Services

$194,725

$194,725

$194,725

$194,725

Sales and Services Not Itemized

$194,725

$194,725

$194,725

$194,725

TOTAL PUBLIC FUNDS

$12,624,465

$12,624,465

$12,624,465

$12,624,465

Statewide Changes

96.1 WC, GTA, and GBA

State General Funds

$17,201

$17,201

$17,201

$17,201

Changes in Operations / Administration

96.6 Provide additional funds for increased utilities cost.

State General Funds

$18,140

One-Time Expense

96.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds from

insurance claims for operating expenses.

Rebates, Refunds, and Reimbursements Not Itemized

$11,000

$11,000

Changes in How the Program is Funded

96.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds from

Valdosta State Prison to Food Distribution.

State General Funds

$6,120

$6,120

Federal Funds Not Itemized

($6,120)

($6,120)

TOTAL PUBLIC FUNDS

$0

$0

Changes in the Size of the Program

96.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($41,677)

($41,677)

($41,677)

($41,677)

1592

JOURNAL OF THE SENATE

96.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds in operating

expenses from the sale of beef for the purchase of beef trimmings and products.

Sales and Services Not Itemized

$136,473

$136,473

96. Food and Farm Operations

Appropriation (HB1026)

The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$12,383,264

$12,383,264

$12,389,384

$12,407,524

State General Funds

$12,383,264

$12,383,264

$12,389,384

$12,407,524

TOTAL FEDERAL FUNDS

$22,000

$22,000

$15,880

$15,880

Federal Funds Not Itemized

$22,000

$22,000

$15,880

$15,880

TOTAL AGENCY FUNDS

$194,725

$194,725

$342,198

$342,198

Rebates, Refunds, and Reimbursements

$11,000

$11,000

Rebates, Refunds, and Reimbursements Not Itemized

$11,000

$11,000

Sales and Services

$194,725

$194,725

$331,198

$331,198

Sales and Services Not Itemized

$194,725

$194,725

$331,198

$331,198

TOTAL PUBLIC FUNDS

$12,599,989

$12,599,989

$12,747,462

$12,765,602

Health

Continuation Budget

The purpose is to provide the required constitutional level of health care to the inmates of the correctional system in the

most cost effective and humane manner possible.

TOTAL STATE FUNDS

$151,543,143 $151,543,143 $151,543,143 $151,543,143

State General Funds

$151,543,143 $151,543,143 $151,543,143 $151,543,143

TOTAL AGENCY FUNDS

$8,464,209

$8,464,209

$8,464,209

$8,464,209

Sales and Services

$8,464,209

$8,464,209

$8,464,209

$8,464,209

Sales and Services Not Itemized

$8,464,209

$8,464,209

$8,464,209

$8,464,209

TOTAL PUBLIC FUNDS

$160,007,352 $160,007,352 $160,007,352 $160,007,352

Statewide Changes

97.1 WC, GTA, and GBA

State General Funds

$218,015

$218,015

$218,015

$218,015

One-Time Expense

97.2 Transfer funds from closing a Probation Detention Center to reimburse County Correctional Institutions for

medical payments resulting from a catastrophic burn case.

State General Funds

$600,000

$0

$0

$0

WEDNESDAY, MARCH 8, 2006

1593

Changes in the Size of the Program

97.3 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($402,267)

($402,267)

($402,267)

($402,267)

97.4 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs

and meet increased capacity needs.

State General Funds

$782,532

$782,532

$782,532

$782,532

97.5 Provide additional funds for Health Services Purchases.

State General Funds

$11,181,124

$11,181,124

$11,181,124

$11,181,124

97.6 Provide start-up and operating funds for 1348 temporary beds at existing facilities to reduce county jail backlogs

and meet increased capacity needs.

State General Funds

$2,199,740

$2,199,740

$2,199,740

$2,199,740

97.7 Provide start-up and operating funds for 768 beds at four vacant Probation Detention Centers to be operated as

State Prison units to reduce county jail backlogs and meet increased capacity needs. (H and S:The facilities should

be opened in the following order: Lamar, Wilkes, Appling, and Turner)

State General Funds

$603,306

$603,306

$603,306

$603,306

97.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for operating expenses, pre-release services for HIV positive inmates, and mental

health diversion pilot program in Hall County.

Federal Funds Not Itemized

$176,154

$176,154

Sales and Services Not Itemized

$2,908,830

$2,908,830

TOTAL PUBLIC FUNDS

$3,084,984

$3,084,984

97. Health

Appropriation (HB1026)

The purpose is to provide the required constitutional level of health care to the inmates of the correctional system in the

most cost effective and humane manner possible.

TOTAL STATE FUNDS

$166,725,593 $166,125,593 $166,125,593 $166,125,593

State General Funds

$166,725,593 $166,125,593 $166,125,593 $166,125,593

TOTAL FEDERAL FUNDS

$176,154

$176,154

Federal Funds Not Itemized

$176,154

$176,154

TOTAL AGENCY FUNDS

$8,464,209

$8,464,209

$11,373,039

$11,373,039

Sales and Services

$8,464,209

$8,464,209

$11,373,039

$11,373,039

1594

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$8,464,209

$8,464,209

$11,373,039

$11,373,039

TOTAL PUBLIC FUNDS

$175,189,802 $174,589,802 $177,674,786 $177,674,786

Offender Management

Continuation Budget

The purpose is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS

$44,118,606

$44,118,606

$44,118,606

$44,118,606

State General Funds

$44,118,606

$44,118,606

$44,118,606

$44,118,606

TOTAL PUBLIC FUNDS

$44,118,606

$44,118,606

$44,118,606

$44,118,606

Statewide Changes

98.1 WC, GTA, and GBA

State General Funds

$60,113

$60,113

$60,113

$60,113

Changes in Operations / Administration

98.5 Provide additional funds for increased utilities cost.

State General Funds

$1,814

One-Time Expense

98.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for G-8 Summit reimbursements.

Federal Funds Not Itemized

$59,280

$59,280

Changes in the Size of the Program

98.2 Transfer funds from closing a Probation Detention Center to Inmate Release Funds.

State General Funds

$134,028

$0

$0

$0

98.3 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($104,698)

($104,698)

($104,698)

($104,698)

98. Offender Management

Appropriation (HB1026)

The purpose is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS

$44,208,049

$44,074,021

$44,074,021

$44,075,835

State General Funds

$44,208,049

$44,074,021

$44,074,021

$44,075,835

TOTAL FEDERAL FUNDS

$59,280

$59,280

Federal Funds Not Itemized

$59,280

$59,280

TOTAL PUBLIC FUNDS

$44,208,049

$44,074,021

$44,133,301

$44,135,115

WEDNESDAY, MARCH 8, 2006

1595

Parole Revocation Centers

Continuation Budget

The purpose is to provide a sanction for parole violations.

TOTAL STATE FUNDS

$3,835,308

$3,835,308

$3,835,308

$3,835,308

State General Funds

$3,835,308

$3,835,308

$3,835,308

$3,835,308

TOTAL FEDERAL FUNDS

$10,510

$10,510

$10,510

$10,510

Federal Funds Not Itemized

$10,510

$10,510

$10,510

$10,510

TOTAL AGENCY FUNDS

$49,138

$49,138

$49,138

$49,138

Sales and Services

$49,138

$49,138

$49,138

$49,138

Sales and Services Not Itemized

$49,138

$49,138

$49,138

$49,138

TOTAL PUBLIC FUNDS

$3,894,956

$3,894,956

$3,894,956

$3,894,956

Statewide Changes

99.1 WC, GTA, and GBA

State General Funds

$5,307

$5,307

$5,307

$5,307

Changes in Operations / Administration

99.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds for

operating expenses.

State General Funds

$13,056

$13,056

99.5 Provide additional funds for increased utilities cost.

State General Funds

$60,587

Changes in the Size of the Program

99.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($2,847)

($2,847)

($2,847)

($2,847)

99.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

for city, county and other agency payments for contracts for offender work details.

Sales and Services Not Itemized

$525,000

$525,000

99. Parole Revocation Centers

Appropriation (HB1026)

The purpose is to provide a sanction for parole violations.

TOTAL STATE FUNDS

$3,837,768

$3,837,768

$3,850,824

$3,911,411

State General Funds

$3,837,768

$3,837,768

$3,850,824

$3,911,411

TOTAL FEDERAL FUNDS

$10,510

$10,510

$10,510

$10,510

1596

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$10,510

$10,510

$10,510

$10,510

TOTAL AGENCY FUNDS

$49,138

$49,138

$574,138

$574,138

Sales and Services

$49,138

$49,138

$574,138

$574,138

Sales and Services Not Itemized

$49,138

$49,138

$574,138

$574,138

TOTAL PUBLIC FUNDS

$3,897,416

$3,897,416

$4,435,472

$4,496,059

Private Prisons

Continuation Budget

The purpose is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS

$72,518,200

$72,518,200

$72,518,200

$72,518,200

State General Funds

$72,518,200

$72,518,200

$72,518,200

$72,518,200

TOTAL PUBLIC FUNDS

$72,518,200

$72,518,200

$72,518,200

$72,518,200

Changes in the Size of the Program

100.1 Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and 470 additional inmates.

State General Funds

$3,401,212

$3,401,212

$3,401,212

$3,401,212

100. Private Prisons

Appropriation (HB1026)

The purpose is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS

$75,919,412

$75,919,412

$75,919,412

$75,919,412

State General Funds

$75,919,412

$75,919,412

$75,919,412

$75,919,412

TOTAL PUBLIC FUNDS

$75,919,412

$75,919,412

$75,919,412

$75,919,412

Probation Diversion Centers

Continuation Budget

The purpose is to provide a residential sentencing option that allows offenders to continue to work in the community while

receiving close supervision from corrections officials.

TOTAL STATE FUNDS

$12,784,156

$12,784,156

$12,784,156

$12,784,156

State General Funds

$12,784,156

$12,784,156

$12,784,156

$12,784,156

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$3,188,692

$3,188,692

$3,188,692

$3,188,692

Royalties and Rents

$3,180,834

$3,180,834

$3,180,834

$3,180,834

Royalties and Rents Not Itemized

$3,180,834

$3,180,834

$3,180,834

$3,180,834

Sales and Services

$7,858

$7,858

$7,858

$7,858

Sales and Services Not Itemized

$7,858

$7,858

$7,858

$7,858

TOTAL PUBLIC FUNDS

$16,172,848

$16,172,848

$16,172,848

$16,172,848

WEDNESDAY, MARCH 8, 2006

1597

Statewide Changes

101.1 WC, GTA, and GBA

State General Funds

$22,036

$22,036

$22,036

$22,036

Changes in Operations / Administration

101.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to cover

deficits.

State General Funds

($40,216)

($40,216)

101.7 Provide additional funds for increased utilities cost.

State General Funds

$182,169

Changes in the Size of the Program

101.2 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along

with subsequent transfers of positions between programs.

State General Funds

$249,324

$249,324

$249,324

$249,324

101.3 Redistribute funds from converting two Probation Diversion Centers to Transition Centers.

State General Funds

($1,144,195)

($1,144,195)

($1,144,195)

($1,144,195)

Royalties and Rents Not Itemized

($304,202)

($304,202)

($304,202)

($304,202)

TOTAL PUBLIC FUNDS

($1,448,397)

($1,448,397)

($1,448,397)

($1,448,397)

101.4 To transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center. (H and

S: YES)

State General Funds

$0

$0

$0

101.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for violent offender bedspace and operating expenses.

Federal Funds Not Itemized

$195,712

$195,712

Reserved Fund Balances Not Itemized

$234,681

$234,681

Sales and Services Not Itemized

$301,501

$301,501

TOTAL PUBLIC FUNDS

$731,894

$731,894

101. Probation Diversion Centers

Appropriation (HB1026)

The purpose is to provide a residential sentencing option that allows offenders to continue to work in the community while

receiving close supervision from corrections officials.

TOTAL STATE FUNDS

$11,911,321

$11,911,321

$11,871,105

$12,053,274

State General Funds

$11,911,321

$11,911,321

$11,871,105

$12,053,274

1598

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$200,000

$200,000

$395,712

$395,712

Federal Funds Not Itemized

$200,000

$200,000

$395,712

$395,712

TOTAL AGENCY FUNDS

$2,884,490

$2,884,490

$3,420,672

$3,420,672

Reserved Fund Balances

$234,681

$234,681

Reserved Fund Balances Not Itemized

$234,681

$234,681

Royalties and Rents

$2,876,632

$2,876,632

$2,876,632

$2,876,632

Royalties and Rents Not Itemized

$2,876,632

$2,876,632

$2,876,632

$2,876,632

Sales and Services

$7,858

$7,858

$309,359

$309,359

Sales and Services Not Itemized

$7,858

$7,858

$309,359

$309,359

TOTAL PUBLIC FUNDS

$14,995,811

$14,995,811

$15,687,489

$15,869,658

Probation Supervision

Continuation Budget

The purpose is to supervise probationers.

TOTAL STATE FUNDS

$68,632,697

$68,632,697

$68,632,697

$68,632,697

State General Funds

$68,632,697

$68,632,697

$68,632,697

$68,632,697

TOTAL PUBLIC FUNDS

$68,632,697

$68,632,697

$68,632,697

$68,632,697

Statewide Changes

102.1 WC, GTA, and GBA

State General Funds

$93,514

$93,514

$93,514

$93,514

Changes in Operations / Administration

102.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to fund a deficit for a digital

duplicator at the Atlanta TC.

State General Funds

($28,114)

($28,114)

102.5 Provide additional funds for increased utilities cost.

State General Funds

$103,637

Changes in the Size of the Program

102.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($122,728)

($122,728)

($122,728)

($122,728)

102.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for the substance abuse program.

Federal Funds Not Itemized

$1,000,874

$1,000,874

WEDNESDAY, MARCH 8, 2006

1599

Royalties and Rents Not Itemized

$110,000

$110,000

Sales and Services Not Itemized

$552,491

$552,491

TOTAL PUBLIC FUNDS

$1,663,365

$1,663,365

102. Probation Supervision

Appropriation (HB1026)

The purpose is to supervise probationers.

TOTAL STATE FUNDS

$68,603,483

$68,603,483

$68,575,369

$68,679,006

State General Funds

$68,603,483

$68,603,483

$68,575,369

$68,679,006

TOTAL FEDERAL FUNDS

$1,000,874

$1,000,874

Federal Funds Not Itemized

$1,000,874

$1,000,874

TOTAL AGENCY FUNDS

$662,491

$662,491

Royalties and Rents

$110,000

$110,000

Royalties and Rents Not Itemized

$110,000

$110,000

Sales and Services

$552,491

$552,491

Sales and Services Not Itemized

$552,491

$552,491

TOTAL PUBLIC FUNDS

$68,603,483

$68,603,483

$70,238,734

$70,342,371

State Prisons

Continuation Budget

The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of

punishment.

TOTAL STATE FUNDS

$431,214,343 $431,214,343 $431,214,343 $431,214,343

State General Funds

$431,214,343 $431,214,343 $431,214,343 $431,214,343

TOTAL FEDERAL FUNDS

$3,151,716

$3,151,716

$3,151,716

$3,151,716

Federal Funds Not Itemized

$3,151,716

$3,151,716

$3,151,716

$3,151,716

TOTAL AGENCY FUNDS

$8,216,141

$8,216,141

$8,216,141

$8,216,141

Royalties and Rents

$657,000

$657,000

$657,000

$657,000

Royalties and Rents Not Itemized

$657,000

$657,000

$657,000

$657,000

Sales and Services

$7,559,141

$7,559,141

$7,559,141

$7,559,141

Sales and Services Not Itemized

$7,559,141

$7,559,141

$7,559,141

$7,559,141

TOTAL PUBLIC FUNDS

$442,582,200 $442,582,200 $442,582,200 $442,582,200

Statewide Changes

103.1 WC, GTA, and GBA

State General Funds

$603,032

$603,032

$603,032

$603,032

1600

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$14,382

$14,382

$14,382

$14,382

Sales and Services Not Itemized

$14,139

$14,139

$14,139

$14,139

TOTAL PUBLIC FUNDS

$631,553

$631,553

$631,553

$631,553

Changes in Operations / Administration

103.2 Provide additional funds for increased utilities cost.

State General Funds

$8,186,895

$8,186,895

$8,186,895

$6,453,163

103.11 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for the transfer of funds for

the Hays State Prison for the Community Environmental program and related expenses.

State General Funds

$220,170

$220,170

One-Time Expense

103.12 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

for city, county, and other agency payments for contracts for offender work details.

Rebates, Refunds, and Reimbursements Not Itemized

$1,842,347

$1,842,347

Agency to Agency Contracts

$1,242,745

$1,242,745

TOTAL PUBLIC FUNDS

$3,085,092

$3,085,092

Changes in the Size of the Program

103.3 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith

State Prison to make available additional prison beds to aid in reducing inmate backlog.

State General Funds

$1,112,481

$1,112,481

$1,112,481

$1,112,481

103.4 Transfer funds for the Vocational Training and Residential Substance Abuse Treatment (RSAT) Program from the

Administration Program.

State General Funds

$201,239

$201,239

$201,239

$201,239

103.5 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent

transfers of positions between programs.

State General Funds

($2,620,028)

($2,620,028)

($2,620,028)

($2,620,028)

103.6 Redistribute funds from converting a Probation Detention Center to increase inmate bedspace and reduce the jail

backlog.

State General Funds

$1,364,383

$1,364,383

$1,364,383

$1,364,383

103.7 Provide start-up and operating funds for 768 beds at four vacant Probation Detention Centers to be operated as

State Prison units to reduce county jail backlogs and meet increased capacity needs. (H and S:The facilities should

be opened in the following order: Lamar, Wilkes, Appling, and Turner)

WEDNESDAY, MARCH 8, 2006

1601

State General Funds

$5,879,970

$5,879,970

$5,879,970

$5,879,970

103.8 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs

and meet increased capacity needs.

State General Funds

$1,667,152

$1,667,152

$1,667,152

$1,667,152

103.9 Provide start-up and operating funds for 1,348 temporary beds at existing facilities to reduce county jail backlogs

and meet increased capacity needs.

State General Funds

$1,437,327

$1,437,327

$1,437,327

$1,437,327

103.10 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognize agency funds for vocational education for incarcerated youths, vocational training at the Autry State

Prison, and other operating expenses.

Federal Funds Not Itemized

$638,695

$638,695

Sales and Services Not Itemized

$2,232,511

$2,232,511

TOTAL PUBLIC FUNDS

$2,871,206

$2,871,206

103. State Prisons

Appropriation (HB1026)

The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of

punishment.

TOTAL STATE FUNDS

$449,046,794 $449,046,794 $449,266,964 $447,533,232

State General Funds

$449,046,794 $449,046,794 $449,266,964 $447,533,232

TOTAL FEDERAL FUNDS

$3,166,098

$3,166,098

$3,804,793

$3,804,793

Federal Funds Not Itemized

$3,166,098

$3,166,098

$3,804,793

$3,804,793

TOTAL AGENCY FUNDS

$8,230,280

$8,230,280

$12,305,138

$12,305,138

Rebates, Refunds, and Reimbursements

$1,842,347

$1,842,347

Rebates, Refunds, and Reimbursements Not Itemized

$1,842,347

$1,842,347

Royalties and Rents

$657,000

$657,000

$657,000

$657,000

Royalties and Rents Not Itemized

$657,000

$657,000

$657,000

$657,000

Sales and Services

$7,573,280

$7,573,280

$9,805,791

$9,805,791

Sales and Services Not Itemized

$7,573,280

$7,573,280

$9,805,791

$9,805,791

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,242,745

$1,242,745

Agency to Agency Contracts

$1,242,745

$1,242,745

TOTAL PUBLIC FUNDS

$460,443,172 $460,443,172 $466,619,640 $464,885,908

1602

JOURNAL OF THE SENATE

Transitional Centers

Continuation Budget

The purpose is to provide "work release", allowing the inmate to obtain and maintain a paying job in the community while

requiring him or her to conform to the structure of the center.

TOTAL STATE FUNDS

$20,313,455

$20,313,455

$20,313,455

$20,313,455

State General Funds

$20,313,455

$20,313,455

$20,313,455

$20,313,455

TOTAL PUBLIC FUNDS

$20,313,455

$20,313,455

$20,313,455

$20,313,455

Statewide Changes

104.1 WC, GTA, and GBA

State General Funds

$27,678

$27,678

$27,678

$27,678

Changes in Operations / Administration

104.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to fund a deficit for a digital

duplicator at the Atlanta TC.

State General Funds

$11,964

$11,964

104.7 Provide additional funds for increased utilities cost.

State General Funds

$258,978

Changes in the Size of the Program

104.3 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along

with subsequent transfers of positions between programs.

State General Funds

$47,649

$47,649

$47,649

$47,649

104.4 Redistribute funds from converting two Probation Diversion Centers to Transition Centers.

State General Funds

$1,752,136

$1,752,136

$1,752,136

$1,752,136

104.5 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs

and meet increased capacity needs.

State General Funds

$59,711

$59,711

$59,711

$59,711

104.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

for city, county, and other agency payments for contracts for inmate work detail.

Royalties and Rents Not Itemized

$115,480

$115,480

Sales and Services Not Itemized

$118,480

$118,480

TOTAL PUBLIC FUNDS

$233,960

$233,960

WEDNESDAY, MARCH 8, 2006

1603

104. Transitional Centers

Appropriation (HB1026)

The purpose is to provide "work release", allowing the inmate to obtain and maintain a paying job in the community while

requiring him or her to conform to the structure of the center.

TOTAL STATE FUNDS

$22,200,629

$22,200,629

$22,212,593

$22,471,571

State General Funds

$22,200,629

$22,200,629

$22,212,593

$22,471,571

TOTAL AGENCY FUNDS

$233,960

$233,960

Royalties and Rents

$115,480

$115,480

Royalties and Rents Not Itemized

$115,480

$115,480

Sales and Services

$118,480

$118,480

Sales and Services Not Itemized

$118,480

$118,480

TOTAL PUBLIC FUNDS

$22,200,629

$22,200,629

$22,446,553

$22,705,531

Section 19: Defense, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Interest and Investment Income Royalties and Rents Sales and Services
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Interest and Investment Income Royalties and Rents

Section Total - Continuation

$8,359,405

$8,359,405

$8,359,405

$8,359,405

$8,359,405

$8,359,405

$8,359,405

$8,359,405

$36,026,553

$36,026,553

$36,026,553

$36,026,553

$36,026,553

$36,026,553

$36,026,553

$36,026,553

$844,374

$844,374

$844,374

$844,374

$138,791

$138,791

$138,791

$138,791

$59,889

$59,889

$59,889

$59,889

$645,694

$645,694

$645,694

$645,694

$45,230,332

$45,230,332

$45,230,332

Section Total - Final

$45,230,332

$8,490,206

$8,490,206

$8,490,206

$8,490,206

$8,490,206

$8,490,206

$8,490,206

$8,490,206

$36,326,553

$36,326,553

$39,109,370

$39,109,370

$36,326,553

$36,326,553

$39,109,370

$39,109,370

$844,374

$844,374

$844,374

$844,374

$138,791

$138,791

$138,791

$138,791

$59,889

$59,889

$59,889

$59,889

1604

JOURNAL OF THE SENATE

Sales and Services

$645,694

$645,694

$645,694

$645,694

TOTAL PUBLIC FUNDS

$45,661,133

$45,661,133

$48,443,950

$48,443,950

Civil Support

Continuation Budget

The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force

mobilization.

TOTAL STATE FUNDS

$3,353,908

$3,353,908

$3,353,908

$3,353,908

State General Funds

$3,353,908

$3,353,908

$3,353,908

$3,353,908

TOTAL FEDERAL FUNDS

$5,670,709

$5,670,709

$5,670,709

$5,670,709

Federal Funds Not Itemized

$5,670,709

$5,670,709

$5,670,709

$5,670,709

TOTAL PUBLIC FUNDS

$9,024,617

$9,024,617

$9,024,617

$9,024,617

Statewide Changes

105.1 WC, GTA, and GBA

State General Funds

$14,256

$14,256

$14,256

$14,256

Changes in the Size of the Program

105.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for the Star Base Youth Program and Youth Challenge Activities.

Federal Funds Not Itemized

$23,814

$23,814

105. Civil Support

Appropriation (HB1026)

The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force

mobilization.

TOTAL STATE FUNDS

$3,368,164

$3,368,164

$3,368,164

$3,368,164

State General Funds

$3,368,164

$3,368,164

$3,368,164

$3,368,164

TOTAL FEDERAL FUNDS

$5,670,709

$5,670,709

$5,694,523

$5,694,523

Federal Funds Not Itemized

$5,670,709

$5,670,709

$5,694,523

$5,694,523

TOTAL PUBLIC FUNDS

$9,038,873

$9,038,873

$9,062,687

$9,062,687

Departmental Administration

Continuation Budget

The purpose is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$2,275,222

$2,275,222

$2,275,222

$2,275,222

State General Funds

$2,275,222

$2,275,222

$2,275,222

$2,275,222

TOTAL FEDERAL FUNDS

$102,133

$102,133

$102,133

$102,133

Federal Funds Not Itemized

$102,133

$102,133

$102,133

$102,133

WEDNESDAY, MARCH 8, 2006

1605

TOTAL AGENCY FUNDS

$138,791

$138,791

$138,791

$138,791

Interest and Investment Income

$138,791

$138,791

$138,791

$138,791

Interest and Investment Income Not Itemized

$138,791

$138,791

$138,791

$138,791

TOTAL PUBLIC FUNDS

$2,516,146

$2,516,146

$2,516,146

$2,516,146

Statewide Changes

106.1 WC, GTA, and GBA

State General Funds

$10,595

$10,595

$10,595

$10,595

Changes in the Size of the Program

106.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for operation and maintenance and Hurricane Wilma.

Federal Funds Not Itemized

$184,907

$184,907

TOTAL PUBLIC FUNDS

$184,907

$184,907

106. Departmental Administration

Appropriation (HB1026)

The purpose is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$2,285,817

$2,285,817

$2,285,817

$2,285,817

State General Funds

$2,285,817

$2,285,817

$2,285,817

$2,285,817

TOTAL FEDERAL FUNDS

$102,133

$102,133

$287,040

$287,040

Federal Funds Not Itemized

$102,133

$102,133

$287,040

$287,040

TOTAL AGENCY FUNDS

$138,791

$138,791

$138,791

$138,791

Interest and Investment Income

$138,791

$138,791

$138,791

$138,791

Interest and Investment Income Not Itemized

$138,791

$138,791

$138,791

$138,791

TOTAL PUBLIC FUNDS

$2,526,741

$2,526,741

$2,711,648

$2,711,648

Facilities Management

Continuation Budget

The purpose is to provide and maintain administrative, flight and training facilities for the Georgia Air National Guard that

enhance readiness and are aesthetically pleasing within the community.

TOTAL STATE FUNDS

$2,254,499

$2,254,499

$2,254,499

$2,254,499

State General Funds

$2,254,499

$2,254,499

$2,254,499

$2,254,499

TOTAL FEDERAL FUNDS

$29,888,711

$29,888,711

$29,888,711

$29,888,711

Federal Funds Not Itemized

$29,888,711

$29,888,711

$29,888,711

$29,888,711

TOTAL AGENCY FUNDS

$705,583

$705,583

$705,583

$705,583

Royalties and Rents

$59,889

$59,889

$59,889

$59,889

1606

JOURNAL OF THE SENATE

Royalties and Rents Not Itemized

$59,889

$59,889

$59,889

$59,889

Sales and Services

$645,694

$645,694

$645,694

$645,694

Sales and Services Not Itemized

$645,694

$645,694

$645,694

$645,694

TOTAL PUBLIC FUNDS

$32,848,793

$32,848,793

$32,848,793

$32,848,793

Statewide Changes

107.1 WC, GTA, and GBA

State General Funds

$3,382

$3,382

$3,382

$3,382

Changes in the Size of the Program

107.2 Increase funds to expand and maintain facilities for the JSTARS unit at Robins Air Force Base.

State General Funds

$100,000

$100,000

$100,000

$100,000

Federal Funds Not Itemized

$300,000

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$400,000

$400,000

$400,000

$400,000

107.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for operation and maintenance projects.

Federal Funds Not Itemized

$2,305,534

$2,305,534

107. Facilities Management

Appropriation (HB1026)

The purpose is to provide and maintain administrative, flight and training facilities for the Georgia Air National Guard that

enhance readiness and are aesthetically pleasing within the community.

TOTAL STATE FUNDS

$2,357,881

$2,357,881

$2,357,881

$2,357,881

State General Funds

$2,357,881

$2,357,881

$2,357,881

$2,357,881

TOTAL FEDERAL FUNDS

$30,188,711

$30,188,711

$32,494,245

$32,494,245

Federal Funds Not Itemized

$30,188,711

$30,188,711

$32,494,245

$32,494,245

TOTAL AGENCY FUNDS

$705,583

$705,583

$705,583

$705,583

Royalties and Rents

$59,889

$59,889

$59,889

$59,889

Royalties and Rents Not Itemized

$59,889

$59,889

$59,889

$59,889

Sales and Services

$645,694

$645,694

$645,694

$645,694

Sales and Services Not Itemized

$645,694

$645,694

$645,694

$645,694

TOTAL PUBLIC FUNDS

$33,252,175

$33,252,175

$35,557,709

$35,557,709

Military Readiness

Continuation Budget

The purpose is to provide a trained and ready military air force that can be activated and deployed at the direction of the

President or the Governor to insure the safety and well being of all citizens.

WEDNESDAY, MARCH 8, 2006

1607

TOTAL STATE FUNDS

$475,776

$475,776

$475,776

$475,776

State General Funds

$475,776

$475,776

$475,776

$475,776

TOTAL FEDERAL FUNDS

$365,000

$365,000

$365,000

$365,000

Federal Funds Not Itemized

$365,000

$365,000

$365,000

$365,000

TOTAL PUBLIC FUNDS

$840,776

$840,776

$840,776

$840,776

Statewide Changes

108.1 WC, GTA, and GBA

State General Funds

$2,568

$2,568

$2,568

$2,568

Changes in the Size of the Program

108.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for operation and maintenance projects.

Federal Funds Not Itemized

$268,562

$268,562

108. Military Readiness

Appropriation (HB1026)

The purpose is to provide a trained and ready military air force that can be activated and deployed at the direction of the

President or the Governor to insure the safety and well being of all citizens.

TOTAL STATE FUNDS

$478,344

$478,344

$478,344

$478,344

State General Funds

$478,344

$478,344

$478,344

$478,344

TOTAL FEDERAL FUNDS

$365,000

$365,000

$633,562

$633,562

Federal Funds Not Itemized

$365,000

$365,000

$633,562

$633,562

TOTAL PUBLIC FUNDS

$843,344

$843,344

$1,111,906

$1,111,906

Section 20: Driver Services, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$47,163,866

$47,163,866

$47,163,866

$47,163,866

State General Funds

$47,163,866

$47,163,866

$47,163,866

$47,163,866

TOTAL AGENCY FUNDS

$715,075

$715,075

$715,075

$715,075

Sales and Services

$715,075

$715,075

$715,075

$715,075

TOTAL PUBLIC FUNDS

$47,878,941

$47,878,941

$47,878,941

$47,878,941

Section Total - Final

TOTAL STATE FUNDS

$47,312,092

$47,312,092

$47,312,092

$47,312,092

State General Funds

$47,312,092

$47,312,092

$47,312,092

$47,312,092

TOTAL AGENCY FUNDS

$715,075

$715,075

$715,075

$715,075

1608

JOURNAL OF THE SENATE

Sales and Services

$715,075

$715,075

$715,075

$715,075

TOTAL PUBLIC FUNDS

$48,027,167

$48,027,167

$48,027,167

$48,027,167

Customer Service Support

Continuation Budget

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$4,948,415

$4,948,415

$4,948,415

$4,948,415

State General Funds

$4,948,415

$4,948,415

$4,948,415

$4,948,415

TOTAL PUBLIC FUNDS

$4,948,415

$4,948,415

$4,948,415

$4,948,415

Statewide Changes

109.1 WC, GTA, and GBA

State General Funds

$6,477

$6,477

$6,477

$6,477

Changes in the Size of the Program

109.2 Transfer funds from License Issuance to reflect program structure changes as a result of the transition from DMVS

to the new DDS.

State General Funds

$3,585,459

$3,585,459

$3,585,459

$3,585,459

109. Customer Service Support

Appropriation (HB1026)

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$8,540,351

$8,540,351

$8,540,351

$8,540,351

State General Funds

$8,540,351

$8,540,351

$8,540,351

$8,540,351

TOTAL PUBLIC FUNDS

$8,540,351

$8,540,351

$8,540,351

$8,540,351

License Issuance

Continuation Budget

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS

$41,924,451

$41,924,451

$41,924,451

$41,924,451

State General Funds

$41,924,451

$41,924,451

$41,924,451

$41,924,451

TOTAL AGENCY FUNDS

$200,000

$200,000

$200,000

$200,000

Sales and Services

$200,000

$200,000

$200,000

$200,000

Sales and Services Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$42,124,451

$42,124,451

$42,124,451

$42,124,451

Statewide Changes

110.1 WC, GTA, and GBA

State General Funds

$39,683

$39,683

$39,683

$39,683

Changes in the Size of the Program

WEDNESDAY, MARCH 8, 2006

1609

110.2 Transfer funds to Customer Services Support to reflect program structure changes as a result of the transition from

DMVS to the new DDS.

State General Funds

($3,585,459)

($3,585,459)

($3,585,459)

($3,585,459)

110.3 Transfer funds to Regulatory Compliance to reflect program structure changes as a result of the transition from

DMVS to the new DDS.

State General Funds

($1,111,975)

($1,111,975)

($1,111,975)

($1,111,975)

110. License Issuance

Appropriation (HB1026)

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS

$37,266,700

$37,266,700

$37,266,700

$37,266,700

State General Funds

$37,266,700

$37,266,700

$37,266,700

$37,266,700

TOTAL AGENCY FUNDS

$200,000

$200,000

$200,000

$200,000

Sales and Services

$200,000

$200,000

$200,000

$200,000

Sales and Services Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$37,466,700

$37,466,700

$37,466,700

$37,466,700

Changes in the Size of the Program

111.1 Add funds for Motorcycle Safety Education.

State General Funds

$100,000

$100,000

111. Motorcycle Safety

Appropriation (HB1026)

The purpose is to maintain and improve motorcycle safety.

TOTAL STATE FUNDS

$100,000

$100,000

State General Funds

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

Regulatory Compliance

Continuation Budget

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$291,000

$291,000

$291,000

$291,000

State General Funds

$291,000

$291,000

$291,000

$291,000

TOTAL AGENCY FUNDS

$515,075

$515,075

$515,075

$515,075

Sales and Services

$515,075

$515,075

$515,075

$515,075

Sales and Services Not Itemized

$515,075

$515,075

$515,075

$515,075

TOTAL PUBLIC FUNDS

$806,075

$806,075

$806,075

$806,075

1610

JOURNAL OF THE SENATE

Statewide Changes

112.1 WC, GTA, and GBA

State General Funds

$2,066

$2,066

$2,066

$2,066

Changes in the Size of the Program

112.2 Transfer funds from License Issuance to reflect program structure changes as a result of the transition from DMVS

to the new DDS.

State General Funds

$1,111,975

$1,111,975

$1,111,975

$1,111,975

112.3 Add funds for Motorcycle Safety Education. (S and CC: Transfer to Motorcycle Safety Program)

State General Funds

$100,000

$100,000

$0

$0

112. Regulatory Compliance

Appropriation (HB1026)

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$1,505,041

$1,505,041

$1,405,041

$1,405,041

State General Funds

$1,505,041

$1,505,041

$1,405,041

$1,405,041

TOTAL AGENCY FUNDS

$515,075

$515,075

$515,075

$515,075

Sales and Services

$515,075

$515,075

$515,075

$515,075

Sales and Services Not Itemized

$515,075

$515,075

$515,075

$515,075

TOTAL PUBLIC FUNDS

$2,020,116

$2,020,116

$1,920,116

$1,920,116

Section 21: Early Care and Learning, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$294,111,979 $294,111,979 $294,111,979 $294,111,979

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308 $290,081,308

State General Funds

$4,030,671

$4,030,671

$4,030,671

$4,030,671

TOTAL FEDERAL FUNDS

$110,474,059 $110,474,059 $110,474,059 $110,474,059

Child Care & Development Block Grant CFDA93.575

$21,919,354

$21,919,354

$21,919,354

$21,919,354

Federal Funds Not Itemized

$88,554,705

$88,554,705

$88,554,705

$88,554,705

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$404,741,038 $404,741,038 $404,741,038 $404,741,038

Section Total - Final

WEDNESDAY, MARCH 8, 2006

1611

TOTAL STATE FUNDS

$294,122,454 $294,122,454 $294,122,454 $294,122,454

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308 $290,081,308

State General Funds

$4,041,146

$4,041,146

$4,041,146

$4,041,146

TOTAL FEDERAL FUNDS

$110,474,059 $110,474,059 $110,474,059 $110,474,059

Child Care & Development Block Grant CFDA93.575

$21,919,354

$21,919,354

$21,919,354

$21,919,354

Federal Funds Not Itemized

$88,554,705

$88,554,705

$88,554,705

$88,554,705

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$404,751,513 $404,751,513 $404,751,513 $404,751,513

Child Care Services

Continuation Budget

The purpose is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children

experience optimum opportunities for learning and growth.

TOTAL STATE FUNDS

$4,030,671

$4,030,671

$4,030,671

$4,030,671

State General Funds

$4,030,671

$4,030,671

$4,030,671

$4,030,671

TOTAL FEDERAL FUNDS

$3,435,255

$3,435,255

$3,435,255

$3,435,255

Child Care & Development Block Grant CFDA93.575

$3,435,255

$3,435,255

$3,435,255

$3,435,255

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

$155,000

Sales and Services Not Itemized

$155,000

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$7,620,926

$7,620,926

$7,620,926

$7,620,926

Statewide Changes

113.1 WC, GTA, and GBA

State General Funds

$10,475

$10,475

$10,475

$10,475

113. Child Care Services

Appropriation (HB1026)

The purpose is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children

experience optimum opportunities for learning and growth.

TOTAL STATE FUNDS

$4,041,146

$4,041,146

$4,041,146

$4,041,146

State General Funds

$4,041,146

$4,041,146

$4,041,146

$4,041,146

TOTAL FEDERAL FUNDS

$3,435,255

$3,435,255

$3,435,255

$3,435,255

Child Care & Development Block Grant CFDA93.575

$3,435,255

$3,435,255

$3,435,255

$3,435,255

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

$155,000

1612

JOURNAL OF THE SENATE

Sales and Services

$155,000

$155,000

$155,000

Sales and Services Not Itemized

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$7,631,401

$7,631,401

$7,631,401

Nutrition

Continuation Budget

The purpose is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL FEDERAL FUNDS

$88,000,835

$88,000,835

$88,000,835

Federal Funds Not Itemized

$88,000,835

$88,000,835

$88,000,835

TOTAL PUBLIC FUNDS

$88,000,835

$88,000,835

$88,000,835

114. Nutrition

Appropriation (HB1026)

The purpose is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL FEDERAL FUNDS

$88,000,835

$88,000,835

$88,000,835

Federal Funds Not Itemized

$88,000,835

$88,000,835

$88,000,835

TOTAL PUBLIC FUNDS

$88,000,835

$88,000,835

$88,000,835

Pre-Kindergarten Program

Continuation Budget

The purpose is to provide funding for providers who operate the Pre-K program.

TOTAL STATE FUNDS

$290,081,308 $290,081,308 $290,081,308

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308

TOTAL FEDERAL FUNDS

$667,823

$667,823

$667,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

Federal Funds Not Itemized

$553,870

$553,870

$553,870

TOTAL PUBLIC FUNDS

$290,749,131 $290,749,131 $290,749,131

115. Pre-Kindergarten Program

Appropriation (HB1026)

The purpose is to provide funding for providers who operate the Pre-K program.

TOTAL STATE FUNDS

$290,081,308 $290,081,308 $290,081,308

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308

TOTAL FEDERAL FUNDS

$667,823

$667,823

$667,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

Federal Funds Not Itemized

$553,870

$553,870

$553,870

TOTAL PUBLIC FUNDS

$290,749,131 $290,749,131 $290,749,131

Quality Initiatives

Continuation Budget

$155,000 $155,000 $7,631,401
$88,000,835 $88,000,835 $88,000,835
$88,000,835 $88,000,835 $88,000,835
$290,081,308 $290,081,308
$667,823 $113,953 $553,870 $290,749,131
$290,081,308 $290,081,308
$667,823 $113,953 $553,870 $290,749,131

WEDNESDAY, MARCH 8, 2006

1613

The purpose is to explore new ideas and help implement innovative strategies that focus on improving the quality of early

education, child care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS

$18,370,146

$18,370,146

$18,370,146

$18,370,146

Child Care & Development Block Grant CFDA93.575

$18,370,146

$18,370,146

$18,370,146

$18,370,146

TOTAL PUBLIC FUNDS

$18,370,146

$18,370,146

$18,370,146

$18,370,146

116. Quality Initiatives

Appropriation (HB1026)

The purpose is to explore new ideas and help implement innovative strategies that focus on improving the quality of early

education, child care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS

$18,370,146

$18,370,146

$18,370,146

$18,370,146

Child Care & Development Block Grant CFDA93.575

$18,370,146

$18,370,146

$18,370,146

$18,370,146

TOTAL PUBLIC FUNDS

$18,370,146

$18,370,146

$18,370,146

$18,370,146

Section 22: Economic Development, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$31,501,663

$31,501,663

$31,501,663

$31,501,663

State General Funds

$31,501,663

$31,501,663

$31,501,663

$31,501,663

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$31,521,907

$31,521,907

$31,521,907

$31,521,907

Section Total - Final

TOTAL STATE FUNDS

$31,567,125

$31,567,125

$32,187,125

$31,567,125

State General Funds

$31,567,125

$31,567,125

$32,187,125

$31,567,125

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$31,587,369

$31,587,369

$32,207,369

$31,587,369

Business Recruitment and Expansion

Continuation Budget

The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in

Georgia.

TOTAL STATE FUNDS

$6,783,664

$6,783,664

$6,783,664

$6,783,664

State General Funds

$6,783,664

$6,783,664

$6,783,664

$6,783,664

TOTAL PUBLIC FUNDS

$6,783,664

$6,783,664

$6,783,664

$6,783,664

One-Time Expense

1614

JOURNAL OF THE SENATE

117.1 Provide funds to replace two motor vehicles for business recruitment activities.

State General Funds

$56,000

Changes in the Size of the Program

117.2 Realign funding to reflect agency reorganization efforts.

$56,000

$56,000

$56,000

State General Funds

($34,395)

($34,395)

($34,395)

($34,395)

117. Business Recruitment and Expansion

Appropriation (HB1026)

The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in

Georgia.

TOTAL STATE FUNDS

$6,805,269

$6,805,269

$6,805,269

$6,805,269

State General Funds

$6,805,269

$6,805,269

$6,805,269

$6,805,269

TOTAL PUBLIC FUNDS

$6,805,269

$6,805,269

$6,805,269

$6,805,269

Departmental Administration

Continuation Budget

The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and

companies to promote the state.

TOTAL STATE FUNDS

$6,213,661

$6,213,661

$6,213,661

$6,213,661

State General Funds

$6,213,661

$6,213,661

$6,213,661

$6,213,661

TOTAL PUBLIC FUNDS

$6,213,661

$6,213,661

$6,213,661

$6,213,661

Statewide Changes

118.1 WC, GTA, and GBA

State General Funds

$8,555

$8,555

$8,555

$8,555

Changes in the Size of the Program

118.2 Realign funding to reflect agency reorganization efforts.

State General Funds

$47,317

$47,317

$47,317

$47,317

118. Departmental Administration

Appropriation (HB1026)

The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and

companies to promote the state.

TOTAL STATE FUNDS

$6,269,533

$6,269,533

$6,269,533

$6,269,533

State General Funds

$6,269,533

$6,269,533

$6,269,533

$6,269,533

TOTAL PUBLIC FUNDS

$6,269,533

$6,269,533

$6,269,533

$6,269,533

WEDNESDAY, MARCH 8, 2006

1615

Film, Music, and Video

Continuation Budget

The purpose is to increase industry awareness of Georgia business opportunities, infrastructure resources, and natural

resources as it pertains to the film, video, and music industry.

TOTAL STATE FUNDS

$1,012,337

$1,012,337

$1,012,337

$1,012,337

State General Funds

$1,012,337

$1,012,337

$1,012,337

$1,012,337

TOTAL PUBLIC FUNDS

$1,012,337

$1,012,337

$1,012,337

$1,012,337

Changes in the Size of the Program

119.1 Realign funding to reflect agency reorganization efforts.

State General Funds

($118,000)

($118,000)

($118,000)

($118,000)

119. Film, Music, and Video

Appropriation (HB1026)

The purpose is to increase industry awareness of Georgia business opportunities, infrastructure resources, and natural

resources as it pertains to the film, video, and music industry.

TOTAL STATE FUNDS

$894,337

$894,337

$894,337

$894,337

State General Funds

$894,337

$894,337

$894,337

$894,337

TOTAL PUBLIC FUNDS

$894,337

$894,337

$894,337

$894,337

International Relations and Trade

Continuation Budget

The purpose is to provide international trade opportunities through exports to provide executive leadership for

international relations and promote Georgia products and companies to other nations.

TOTAL STATE FUNDS

$2,056,980

$2,056,980

$2,056,980

$2,056,980

State General Funds

$2,056,980

$2,056,980

$2,056,980

$2,056,980

TOTAL PUBLIC FUNDS

$2,056,980

$2,056,980

$2,056,980

$2,056,980

Changes in Operations / Administration

120.2 Provide funding for travel expenses related to mileage reimbursements increase and international travel increases.

State General Funds

$120,000

$0

Changes in the Size of the Program

120.1 Realign funding to reflect agency reorganization efforts.

State General Funds 120.3 Provide funding to assist international trade. State General Funds

($45,000)

($45,000)

($45,000) $250,000

($45,000) $0

1616

JOURNAL OF THE SENATE

120.4 Provide funds for a new office in China.

State General Funds

$250,000

$0

120. International Relations and Trade

Appropriation (HB1026)

The purpose is to provide international trade opportunities through exports to provide executive leadership for

international relations and promote Georgia products and companies to other nations.

TOTAL STATE FUNDS

$2,011,980

$2,011,980

$2,631,980

$2,011,980

State General Funds

$2,011,980

$2,011,980

$2,631,980

$2,011,980

TOTAL PUBLIC FUNDS

$2,011,980

$2,011,980

$2,631,980

$2,011,980

Office of Science and Technology Business Development

Continuation Budget

The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia.

TOTAL STATE FUNDS

$1,563,914

$1,563,914

$1,563,914

$1,563,914

State General Funds

$1,563,914

$1,563,914

$1,563,914

$1,563,914

TOTAL PUBLIC FUNDS

$1,563,914

$1,563,914

$1,563,914

$1,563,914

Changes in the Size of the Program

121.1 Realign funding to reflect agency reorganization efforts.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

121. Office of Science and Technology Business Development

Appropriation (HB1026)

The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia.

TOTAL STATE FUNDS

$1,513,914

$1,513,914

$1,513,914

$1,513,914

State General Funds

$1,513,914

$1,513,914

$1,513,914

$1,513,914

TOTAL PUBLIC FUNDS

$1,513,914

$1,513,914

$1,513,914

$1,513,914

Small and Minority Business Development

Continuation Budget

The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small

and minority businesses.

TOTAL STATE FUNDS

$924,154

$924,154

$924,154

$924,154

State General Funds

$924,154

$924,154

$924,154

$924,154

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures Not Itemized

$20,244

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$944,398

$944,398

$944,398

$944,398

Changes in the Size of the Program

WEDNESDAY, MARCH 8, 2006

1617

122.1 Realign funding to reflect agency reorganization efforts.

State General Funds

($59,922)

($59,922)

($59,922)

($59,922)

122. Small and Minority Business Development

Appropriation (HB1026)

The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small

and minority businesses.

TOTAL STATE FUNDS

$864,232

$864,232

$864,232

$864,232

State General Funds

$864,232

$864,232

$864,232

$864,232

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures Not Itemized

$20,244

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$884,476

$884,476

$884,476

$884,476

Tourism

Continuation Budget

The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism

expenditures.

TOTAL STATE FUNDS

$11,096,169

$11,096,169

$11,096,169

$11,096,169

State General Funds

$11,096,169

$11,096,169

$11,096,169

$11,096,169

TOTAL PUBLIC FUNDS

$11,096,169

$11,096,169

$11,096,169

$11,096,169

Changes in the Size of the Program

123.1 Realign funding to reflect agency reorganization efforts.

State General Funds

$260,000

$260,000

$260,000

$260,000

123. Tourism

Appropriation (HB1026)

The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism

expenditures.

TOTAL STATE FUNDS

$11,356,169

$11,356,169

$11,356,169

$11,356,169

State General Funds

$11,356,169

$11,356,169

$11,356,169

$11,356,169

TOTAL PUBLIC FUNDS

$11,356,169

$11,356,169

$11,356,169

$11,356,169

Payments to Aviation Hall of Fame

Continuation Budget

The purpose is to promote and encourage the growth and public support of aviation within the state by honoring those,

living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in

Georgia.

1618

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

$50,000

124. Payments to Aviation Hall of Fame

Appropriation (HB1026)

The purpose is to promote and encourage the growth and public support of aviation within the state by honoring those,

living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in

Georgia.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

$50,000

Payments to Golf Hall Of Fame Authority

Continuation Budget

The purpose is to construct and maintain a facility and related attractions to house the Georgia Golf Hall of Fame to honor

those who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or

elsewhere.

TOTAL STATE FUNDS

$58,685

$58,685

$58,685

$58,685

State General Funds

$58,685

$58,685

$58,685

$58,685

TOTAL PUBLIC FUNDS

$58,685

$58,685

$58,685

$58,685

125. Payments to Golf Hall Of Fame Authority

Appropriation (HB1026)

The purpose is to construct and maintain a facility and related attractions to house the Georgia Golf Hall of Fame to honor

those who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or

elsewhere.

TOTAL STATE FUNDS

$58,685

$58,685

$58,685

$58,685

State General Funds

$58,685

$58,685

$58,685

$58,685

TOTAL PUBLIC FUNDS

$58,685

$58,685

$58,685

$58,685

Payments to Georgia Medical Center Authority

Continuation Budget

The purpose is to provide funds to the Georgia Medical Center Authority.

TOTAL STATE FUNDS

$250,000

$250,000

$250,000

$250,000

State General Funds

$250,000

$250,000

$250,000

$250,000

TOTAL PUBLIC FUNDS

$250,000

$250,000

$250,000

$250,000

126. Payments to Georgia Medical Center Authority

Appropriation (HB1026)

The purpose is to provide funds to the Georgia Medical Center Authority.

WEDNESDAY, MARCH 8, 2006

1619

TOTAL STATE FUNDS

$250,000

$250,000

$250,000

$250,000

State General Funds

$250,000

$250,000

$250,000

$250,000

TOTAL PUBLIC FUNDS

$250,000

$250,000

$250,000

$250,000

Payments to Georgia Music Hall of Fame Authority

Continuation Budget

The purpose is to preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS

$767,039

$767,039

$767,039

$767,039

State General Funds

$767,039

$767,039

$767,039

$767,039

TOTAL PUBLIC FUNDS

$767,039

$767,039

$767,039

$767,039

Statewide Changes

127.1 WC, GTA, and GBA

State General Funds

$427

$427

$427

$427

Changes in Operations / Administration

127.2 Transfer funds from the Payments to Georgia Music Hall of Fame Authority program to the Music Hall of Fame

program (G:YES)(H:YES)(S:YES).

Agency to Agency Contracts

$0

$0

$0

$0

127. Payments to Georgia Music Hall of Fame Authority

Appropriation (HB1026)

The purpose is to preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS

$767,466

$767,466

$767,466

$767,466

State General Funds

$767,466

$767,466

$767,466

$767,466

TOTAL PUBLIC FUNDS

$767,466

$767,466

$767,466

$767,466

Payments to Georgia Sports Hall of Fame Authority

Continuation Budget

The purpose is to preserve and interpret the history of sports in Georgia.

TOTAL STATE FUNDS

$725,060

$725,060

$725,060

$725,060

State General Funds

$725,060

$725,060

$725,060

$725,060

TOTAL PUBLIC FUNDS

$725,060

$725,060

$725,060

$725,060

Statewide Changes

128.1 WC, GTA, and GBA

State General Funds

$480

$480

$480

$480

128. Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB1026)

The purpose is to preserve and interpret the history of sports in Georgia.

TOTAL STATE FUNDS

$725,540

$725,540

$725,540

$725,540

1620

JOURNAL OF THE SENATE

State General Funds

$725,540

$725,540

$725,540

$725,540

TOTAL PUBLIC FUNDS

$725,540

$725,540

$725,540

$725,540

Section 23: Education, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120

State General Funds

$6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120

TOTAL FEDERAL FUNDS

$1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190

Federal Funds Not Itemized

$1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190

TOTAL AGENCY FUNDS

$41,498,551

$41,498,551

$41,498,551

$41,498,551

Contributions, Donations, and Forfeitures

$3,896,476

$3,896,476

$3,896,476

$3,896,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$93,486

$93,486

Sales and Services

$31,616,886

$31,616,886

$31,616,886

$31,616,886

TOTAL PUBLIC FUNDS

$7,590,624,861 $7,590,624,861 $7,590,624,861 $7,590,624,861

Section Total - Final

TOTAL STATE FUNDS

$6,613,239,296 $6,614,974,132 $6,611,374,132 $6,610,811,144

Revenue Shortfall Reserve for K-12 Needs

$158,139,967 $158,139,967 $158,139,967 $158,139,967

State General Funds

$6,455,099,329 $6,456,834,165 $6,453,234,165 $6,452,671,177

TOTAL FEDERAL FUNDS

$1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190

Federal Funds Not Itemized

$1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190

TOTAL AGENCY FUNDS

$41,498,551

$41,498,551

$41,498,551

$41,498,551

Contributions, Donations, and Forfeitures

$3,896,476

$3,896,476

$3,896,476

$3,896,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$93,486

$93,486

Sales and Services

$31,616,886

$31,616,886

$31,616,886

$31,616,886

TOTAL PUBLIC FUNDS

$7,764,186,037 $7,765,920,873 $7,762,320,873 $7,761,757,885

Academic Coach Program

Continuation Budget

The purpose of this program is to provide certificated public school teachers who exhibit excellence in the classroom with

salary supplements or bonuses in exchange for mentoring other public school teachers.

TOTAL STATE FUNDS

$3,899,132

$3,899,132

$3,899,132

$3,899,132

State General Funds

$3,899,132

$3,899,132

$3,899,132

$3,899,132

WEDNESDAY, MARCH 8, 2006

1621

TOTAL PUBLIC FUNDS

$3,899,132

$3,899,132

$3,899,132

$3,899,132

Changes in Operations / Administration

129.1 Reduce funds for the Science Mentor activity to recognize actual start dates for employees.

State General Funds

($200,000)

($220,000)

($200,000)

($200,000)

129. Academic Coach Program

Appropriation (HB1026)

The purpose of this program is to provide certificated public school teachers who exhibit excellence in the classroom with

salary supplements or bonuses in exchange for mentoring other public school teachers.

TOTAL STATE FUNDS

$3,699,132

$3,679,132

$3,699,132

$3,699,132

State General Funds

$3,699,132

$3,679,132

$3,699,132

$3,699,132

TOTAL PUBLIC FUNDS

$3,699,132

$3,679,132

$3,699,132

$3,699,132

Agricultural Education

Continuation Budget

The purpose is to provide students with competencies to make them aware of the importance of the agricultural industry

and develop skills to prepare them for the world of work.

TOTAL STATE FUNDS

$7,423,422

$7,423,422

$7,423,422

$7,423,422

State General Funds

$7,423,422

$7,423,422

$7,423,422

$7,423,422

TOTAL FEDERAL FUNDS

$126,577

$126,577

$126,577

$126,577

Federal Funds Not Itemized

$126,577

$126,577

$126,577

$126,577

TOTAL PUBLIC FUNDS

$7,549,999

$7,549,999

$7,549,999

$7,549,999

130. Agricultural Education

Appropriation (HB1026)

The purpose is to provide students with competencies to make them aware of the importance of the agricultural industry

and develop skills to prepare them for the world of work.

TOTAL STATE FUNDS

$7,423,422

$7,423,422

$7,423,422

$7,423,422

State General Funds

$7,423,422

$7,423,422

$7,423,422

$7,423,422

TOTAL FEDERAL FUNDS

$126,577

$126,577

$126,577

$126,577

Federal Funds Not Itemized

$126,577

$126,577

$126,577

$126,577

TOTAL PUBLIC FUNDS

$7,549,999

$7,549,999

$7,549,999

$7,549,999

Central Office

Continuation Budget

The purpose is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS

$34,924,681

$34,924,681

$34,924,681

$34,924,681

State General Funds

$34,924,681

$34,924,681

$34,924,681

$34,924,681

TOTAL FEDERAL FUNDS

$34,182,308

$34,182,308

$34,182,308

$34,182,308

1622

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$34,182,308

$34,182,308

$34,182,308

$34,182,308

TOTAL AGENCY FUNDS

$10,897,550

$10,897,550

$10,897,550

$10,897,550

Contributions, Donations, and Forfeitures

$3,796,476

$3,796,476

$3,796,476

$3,796,476

Contributions, Donations, and Forfeitures Not Itemized

$3,796,476

$3,796,476

$3,796,476

$3,796,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

$5,891,703

Reserved Fund Balances Not Itemized

$5,891,703

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$93,486

$93,486

Intergovernmental Transfers Not Itemized

$93,486

$93,486

$93,486

$93,486

Sales and Services

$1,115,885

$1,115,885

$1,115,885

$1,115,885

Sales and Services Not Itemized

$1,115,885

$1,115,885

$1,115,885

$1,115,885

TOTAL PUBLIC FUNDS

$80,004,539

$80,004,539

$80,004,539

$80,004,539

Statewide Changes

131.1 WC, GTA, and GBA

State General Funds

$33,870

$33,870

$33,870

$33,870

One-Time Expense

131.2 Add funds for a consultant for the Governor's Education Finance Task Force.

State General Funds

$100,000

$100,000

$100,000

$100,000

131.4 Reimburse local school systems for taxes charged on the purchase of materials for infrastructure.

State General Funds

$1,234,836

$1,234,836

$716,848

Changes in What Services are Offered

131.3 Eliminate funding for the Global Achievers contract. (H:Restore $20,000 in funds already expended in FY

2006)(CC:Restore $35,000)

State General Funds

($50,000)

($30,000)

$0

($15,000)

131. Central Office

Appropriation (HB1026)

The purpose is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS

$35,008,551

$36,263,387

$36,293,387

$35,760,399

State General Funds

$35,008,551

$36,263,387

$36,293,387

$35,760,399

TOTAL FEDERAL FUNDS

$34,182,308

$34,182,308

$34,182,308

$34,182,308

Federal Funds Not Itemized

$34,182,308

$34,182,308

$34,182,308

$34,182,308

TOTAL AGENCY FUNDS

$10,897,550

$10,897,550

$10,897,550

$10,897,550

Contributions, Donations, and Forfeitures

$3,796,476

$3,796,476

$3,796,476

$3,796,476

WEDNESDAY, MARCH 8, 2006

1623

Contributions, Donations, and Forfeitures Not Itemized

$3,796,476

$3,796,476

$3,796,476

$3,796,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

$5,891,703

Reserved Fund Balances Not Itemized

$5,891,703

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$93,486

$93,486

Intergovernmental Transfers Not Itemized

$93,486

$93,486

$93,486

$93,486

Sales and Services

$1,115,885

$1,115,885

$1,115,885

$1,115,885

Sales and Services Not Itemized

$1,115,885

$1,115,885

$1,115,885

$1,115,885

TOTAL PUBLIC FUNDS

$80,088,409

$81,343,245

$81,373,245

$80,840,257

Charter Schools

Continuation Budget

Georgia's Charter School program seeks to support and encourage development and approval of charter public schools as

one part of Georgia's overall school improvement strategy.

TOTAL STATE FUNDS

$770,193

$770,193

$770,193

$770,193

State General Funds

$770,193

$770,193

$770,193

$770,193

TOTAL FEDERAL FUNDS

$6,729,711

$6,729,711

$6,729,711

$6,729,711

Federal Funds Not Itemized

$6,729,711

$6,729,711

$6,729,711

$6,729,711

TOTAL PUBLIC FUNDS

$7,499,904

$7,499,904

$7,499,904

$7,499,904

132. Charter Schools

Appropriation (HB1026)

Georgia's Charter School program seeks to support and encourage development and approval of charter public schools as

one part of Georgia's overall school improvement strategy.

TOTAL STATE FUNDS

$770,193

$770,193

$770,193

$770,193

State General Funds

$770,193

$770,193

$770,193

$770,193

TOTAL FEDERAL FUNDS

$6,729,711

$6,729,711

$6,729,711

$6,729,711

Federal Funds Not Itemized

$6,729,711

$6,729,711

$6,729,711

$6,729,711

TOTAL PUBLIC FUNDS

$7,499,904

$7,499,904

$7,499,904

$7,499,904

Communities in Schools

Continuation Budget

Communities in Schools operates alternative education programs throughout the state, bringing community resources into

schools to help students stay in school and prepare for life.

TOTAL STATE FUNDS

$1,320,623

$1,320,623

$1,320,623

$1,320,623

State General Funds

$1,320,623

$1,320,623

$1,320,623

$1,320,623

TOTAL PUBLIC FUNDS

$1,320,623

$1,320,623

$1,320,623

$1,320,623

1624

JOURNAL OF THE SENATE

133. Communities in Schools

Appropriation (HB1026)

Communities in Schools operates alternative education programs throughout the state, bringing community resources into

schools to help students stay in school and prepare for life.

TOTAL STATE FUNDS

$1,320,623

$1,320,623

$1,320,623

$1,320,623

State General Funds

$1,320,623

$1,320,623

$1,320,623

$1,320,623

TOTAL PUBLIC FUNDS

$1,320,623

$1,320,623

$1,320,623

$1,320,623

Curriculum Development

Continuation Budget

The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers

and students.

TOTAL STATE FUNDS

$1,774,833

$1,774,833

$1,774,833

$1,774,833

State General Funds

$1,774,833

$1,774,833

$1,774,833

$1,774,833

TOTAL PUBLIC FUNDS

$1,774,833

$1,774,833

$1,774,833

$1,774,833

134. Curriculum Development

Appropriation (HB1026)

The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers

and students.

TOTAL STATE FUNDS

$1,774,833

$1,774,833

$1,774,833

$1,774,833

State General Funds

$1,774,833

$1,774,833

$1,774,833

$1,774,833

TOTAL PUBLIC FUNDS

$1,774,833

$1,774,833

$1,774,833

$1,774,833

Federal Programs

Continuation Budget

Federal programs coordinates federally funded programs and allocates federal funds to school systems.

TOTAL FEDERAL FUNDS

$817,561,039 $817,561,039 $817,561,039 $817,561,039

Federal Funds Not Itemized

$817,561,039 $817,561,039 $817,561,039 $817,561,039

TOTAL PUBLIC FUNDS

$817,561,039 $817,561,039 $817,561,039 $817,561,039

135. Federal Programs

Appropriation (HB1026)

Federal programs coordinates federally funded programs and allocates federal funds to school systems.

TOTAL FEDERAL FUNDS

$817,561,039 $817,561,039 $817,561,039 $817,561,039

Federal Funds Not Itemized

$817,561,039 $817,561,039 $817,561,039 $817,561,039

TOTAL PUBLIC FUNDS

$817,561,039 $817,561,039 $817,561,039 $817,561,039

Foreign Language

Continuation Budget

The foreign language program provides funds to elementary schools for foreign language instruction.

TOTAL STATE FUNDS

$1,590,857

$1,590,857

$1,590,857

$1,590,857

WEDNESDAY, MARCH 8, 2006

1625

State General Funds

$1,590,857

$1,590,857

$1,590,857

$1,590,857

TOTAL PUBLIC FUNDS

$1,590,857

$1,590,857

$1,590,857

$1,590,857

136. Foreign Language

Appropriation (HB1026)

The foreign language program provides funds to elementary schools for foreign language instruction.

TOTAL STATE FUNDS

$1,590,857

$1,590,857

$1,590,857

$1,590,857

State General Funds

$1,590,857

$1,590,857

$1,590,857

$1,590,857

TOTAL PUBLIC FUNDS

$1,590,857

$1,590,857

$1,590,857

$1,590,857

Georgia Learning Resources System

Continuation Budget

The purpose of this program is to provide training and resources to educators and parents of students with disabilities

through a network of 17 centers around the state.

TOTAL FEDERAL FUNDS

$5,117,573

$5,117,573

$5,117,573

$5,117,573

Federal Funds Not Itemized

$5,117,573

$5,117,573

$5,117,573

$5,117,573

TOTAL PUBLIC FUNDS

$5,117,573

$5,117,573

$5,117,573

$5,117,573

137. Georgia Learning Resources System

Appropriation (HB1026)

The purpose of this program is to provide training and resources to educators and parents of students with disabilities

through a network of 17 centers around the state.

TOTAL FEDERAL FUNDS

$5,117,573

$5,117,573

$5,117,573

$5,117,573

Federal Funds Not Itemized

$5,117,573

$5,117,573

$5,117,573

$5,117,573

TOTAL PUBLIC FUNDS

$5,117,573

$5,117,573

$5,117,573

$5,117,573

Georgia Virtual School

Continuation Budget

The purpose of this program is to provide students enrollment in state funded courses via the Internet or in any other

manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$1,385,000

$1,385,000

$1,385,000

$1,385,000

State General Funds

$1,385,000

$1,385,000

$1,385,000

$1,385,000

TOTAL PUBLIC FUNDS

$1,385,000

$1,385,000

$1,385,000

$1,385,000

138. Georgia Virtual School

Appropriation (HB1026)

The purpose of this program is to provide students enrollment in state funded courses via the Internet or in any other

manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$1,385,000

$1,385,000

$1,385,000

$1,385,000

State General Funds

$1,385,000

$1,385,000

$1,385,000

$1,385,000

TOTAL PUBLIC FUNDS

$1,385,000

$1,385,000

$1,385,000

$1,385,000

1626

JOURNAL OF THE SENATE

Georgia Youth Science and Technology

Continuation Budget

The purpose of this program is to increase interest and enthusiasm in science and the technologies, particularly among

elementary and middle school teachers and students.

TOTAL STATE FUNDS

$689,203

$689,203

$689,203

$689,203

State General Funds

$689,203

$689,203

$689,203

$689,203

TOTAL PUBLIC FUNDS

$689,203

$689,203

$689,203

$689,203

139. Georgia Youth Science and Technology

Appropriation (HB1026)

The purpose of this program is to increase interest and enthusiasm in science and the technologies, particularly among

elementary and middle school teachers and students.

TOTAL STATE FUNDS

$689,203

$689,203

$689,203

$689,203

State General Funds

$689,203

$689,203

$689,203

$689,203

TOTAL PUBLIC FUNDS

$689,203

$689,203

$689,203

$689,203

Governor's Honors Program

Continuation Budget

The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and

enriching educational opportunities not usually available during the regular school year.

TOTAL STATE FUNDS

$1,416,743

$1,416,743

$1,416,743

$1,416,743

State General Funds

$1,416,743

$1,416,743

$1,416,743

$1,416,743

TOTAL PUBLIC FUNDS

$1,416,743

$1,416,743

$1,416,743

$1,416,743

140. Governor's Honors Program

Appropriation (HB1026)

The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and

enriching educational opportunities not usually available during the regular school year.

TOTAL STATE FUNDS

$1,416,743

$1,416,743

$1,416,743

$1,416,743

State General Funds

$1,416,743

$1,416,743

$1,416,743

$1,416,743

TOTAL PUBLIC FUNDS

$1,416,743

$1,416,743

$1,416,743

$1,416,743

Information Technology Services

Continuation Budget

The purpose is primarily responsible for the collection and reporting of accurate data through the development and

maintenance of web-enabled applications.

TOTAL STATE FUNDS

$7,496,550

$7,496,550

$7,496,550

$7,496,550

State General Funds

$7,496,550

$7,496,550

$7,496,550

$7,496,550

TOTAL PUBLIC FUNDS

$7,496,550

$7,496,550

$7,496,550

$7,496,550

WEDNESDAY, MARCH 8, 2006

1627

141. Information Technology Services

Appropriation (HB1026)

The purpose is primarily responsible for the collection and reporting of accurate data through the development and

maintenance of web-enabled applications.

TOTAL STATE FUNDS

$7,496,550

$7,496,550

$7,496,550

$7,496,550

State General Funds

$7,496,550

$7,496,550

$7,496,550

$7,496,550

TOTAL PUBLIC FUNDS

$7,496,550

$7,496,550

$7,496,550

$7,496,550

National Board Certification

Continuation Budget

National Board Certification is jointly administered between the Department of Education and the Professional Standards

Commission. The Department of Education component provides the ten percent salary increase for national board certified

teachers (based on the state salary) to local systems.

TOTAL STATE FUNDS

$11,038,035

$11,038,035

$11,038,035

$11,038,035

State General Funds

$11,038,035

$11,038,035

$11,038,035

$11,038,035

TOTAL PUBLIC FUNDS

$11,038,035

$11,038,035

$11,038,035

$11,038,035

Changes in the Size of the Program

142.1 Reduce funds.

State General Funds

($180,000)

142. National Board Certification

Appropriation (HB1026)

National Board Certification is jointly administered between the Department of Education and the Professional Standards

Commission. The Department of Education component provides the ten percent salary increase for national board certified

teachers (based on the state salary) to local systems.

TOTAL STATE FUNDS

$11,038,035

$11,038,035

$11,038,035

$10,858,035

State General Funds

$11,038,035

$11,038,035

$11,038,035

$10,858,035

TOTAL PUBLIC FUNDS

$11,038,035

$11,038,035

$11,038,035

$10,858,035

National Science Center and Foundation

Continuation Budget

The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways

to use technology in teaching, and to deploy those methods in our schools.

TOTAL STATE FUNDS

$1,416,750

$1,416,750

$1,416,750

$1,416,750

State General Funds

$1,416,750

$1,416,750

$1,416,750

$1,416,750

TOTAL PUBLIC FUNDS

$1,416,750

$1,416,750

$1,416,750

$1,416,750

1628

JOURNAL OF THE SENATE

143. National Science Center and Foundation

Appropriation (HB1026)

The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways

to use technology in teaching, and to deploy those methods in our schools.

TOTAL STATE FUNDS

$1,416,750

$1,416,750

$1,416,750

$1,416,750

State General Funds

$1,416,750

$1,416,750

$1,416,750

$1,416,750

TOTAL PUBLIC FUNDS

$1,416,750

$1,416,750

$1,416,750

$1,416,750

Non Quality Basic Education Formula Grants

Continuation Budget

The purpose of this program is to assure that sufficient funds are provided in order for the State's public school students to

receive an effective education.

TOTAL STATE FUNDS

$7,688,674

$7,688,674

$7,688,674

$7,688,674

State General Funds

$7,688,674

$7,688,674

$7,688,674

$7,688,674

TOTAL PUBLIC FUNDS

$7,688,674

$7,688,674

$7,688,674

$7,688,674

144. Non Quality Basic Education Formula Grants

Appropriation (HB1026)

The purpose of this program is to assure that sufficient funds are provided in order for the State's public school students to

receive an effective education.

TOTAL STATE FUNDS

$7,688,674

$7,688,674

$7,688,674

$7,688,674

State General Funds

$7,688,674

$7,688,674

$7,688,674

$7,688,674

TOTAL PUBLIC FUNDS

$7,688,674

$7,688,674

$7,688,674

$7,688,674

Nutrition

Continuation Budget

The purpose is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver

meals that support nutritional well-being and performance at school.

TOTAL STATE FUNDS

$36,017,592

$36,017,592

$36,017,592

$36,017,592

State General Funds

$36,017,592

$36,017,592

$36,017,592

$36,017,592

TOTAL FEDERAL FUNDS

$188,375,722 $188,375,722 $188,375,722 $188,375,722

Federal Funds Not Itemized

$188,375,722 $188,375,722 $188,375,722 $188,375,722

TOTAL PUBLIC FUNDS

$224,393,314 $224,393,314 $224,393,314 $224,393,314

145. Nutrition

Appropriation (HB1026)

The purpose is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver

meals that support nutritional well-being and performance at school.

TOTAL STATE FUNDS

$36,017,592

$36,017,592

$36,017,592

$36,017,592

State General Funds

$36,017,592

$36,017,592

$36,017,592

$36,017,592

WEDNESDAY, MARCH 8, 2006

1629

TOTAL FEDERAL FUNDS

$188,375,722 $188,375,722 $188,375,722 $188,375,722

Federal Funds Not Itemized

$188,375,722 $188,375,722 $188,375,722 $188,375,722

TOTAL PUBLIC FUNDS

$224,393,314 $224,393,314 $224,393,314 $224,393,314

Preschool Handicapped

Continuation Budget

The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to

succeed.

TOTAL STATE FUNDS

$24,008,490

$24,008,490

$24,008,490

$24,008,490

State General Funds

$24,008,490

$24,008,490

$24,008,490

$24,008,490

TOTAL PUBLIC FUNDS

$24,008,490

$24,008,490

$24,008,490

$24,008,490

146. Preschool Handicapped

Appropriation (HB1026)

The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to

succeed.

TOTAL STATE FUNDS

$24,008,490

$24,008,490

$24,008,490

$24,008,490

State General Funds

$24,008,490

$24,008,490

$24,008,490

$24,008,490

TOTAL PUBLIC FUNDS

$24,008,490

$24,008,490

$24,008,490

$24,008,490

Principal Supplements

Continuation Budget

The purpose of the program is to provide supplements to principals, the amount being determined by multiplying the

amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school.

TOTAL STATE FUNDS

$5,361,125

$5,361,125

$5,361,125

$5,361,125

State General Funds

$5,361,125

$5,361,125

$5,361,125

$5,361,125

TOTAL PUBLIC FUNDS

$5,361,125

$5,361,125

$5,361,125

$5,361,125

147. Principal Supplements

Appropriation (HB1026)

The purpose of the program is to provide supplements to principals, the amount being determined by multiplying the

amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school.

TOTAL STATE FUNDS

$5,361,125

$5,361,125

$5,361,125

$5,361,125

State General Funds

$5,361,125

$5,361,125

$5,361,125

$5,361,125

TOTAL PUBLIC FUNDS

$5,361,125

$5,361,125

$5,361,125

$5,361,125

Quality Basic Education Equalization

Continuation Budget

This program provides money to local school systems after assessing an equity breakdown of the Local Five Mill Share

Program in order to narrow the gap (per pupil) between school systems.

TOTAL STATE FUNDS

$371,657,510 $371,657,510 $371,657,510 $371,657,510

1630

JOURNAL OF THE SENATE

State General Funds

$371,657,510 $371,657,510 $371,657,510 $371,657,510

TOTAL PUBLIC FUNDS

$371,657,510 $371,657,510 $371,657,510 $371,657,510

Changes in the Size of the Program

148.1 Provide a correction to the Equalization Grant funding to properly reflect millage increases.

Revenue Shortfall Reserve for K-12 Needs

$5,112,596

$5,112,596

$5,112,596

$5,112,596

148.2 Provide a mid-term adjustment for Equalization Grant.

Revenue Shortfall Reserve for K-12 Needs

$7,794,041

$7,794,041

$7,794,041

$7,794,041

148. Quality Basic Education Equalization

Appropriation (HB1026)

This program provides money to local school systems after assessing an equity breakdown of the Local Five Mill Share

Program in order to narrow the gap (per pupil) between school systems.

TOTAL STATE FUNDS

$384,564,147 $384,564,147 $384,564,147 $384,564,147

Revenue Shortfall Reserve for K-12 Needs

$12,906,637

$12,906,637

$12,906,637

$12,906,637

State General Funds

$371,657,510 $371,657,510 $371,657,510 $371,657,510

TOTAL PUBLIC FUNDS

$384,564,147 $384,564,147 $384,564,147 $384,564,147

Quality Basic Education Local Five Mill Share

Continuation Budget

The state will pay 80% of QBE Formula funded costs and local school systems are required to pay 20%. The Local Five

Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest.

TOTAL STATE FUNDS

($1,335,476,389) ($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

State General Funds

($1,335,476,389) ($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

TOTAL PUBLIC FUNDS

($1,335,476,389) ($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

Changes in the Size of the Program

149.1 Adjust funding for Local Five Mill Share for school systems with declining tax digest.

Revenue Shortfall Reserve for K-12 Needs

$248,409

$248,409

$248,409

$248,409

State General Funds

$357,339

$357,339

$357,339

$357,339

TOTAL PUBLIC FUNDS

$605,748

$605,748

$605,748

$605,748

149. Quality Basic Education Local Five Mill Share

Appropriation (HB1026)

The state will pay 80% of QBE Formula funded costs and local school systems are required to pay 20%. The Local Five

Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest.

TOTAL STATE FUNDS

($1,334,870,641) ($1,334,870,641) ($1,334,870,641) ($1,334,870,641)

Revenue Shortfall Reserve for K-12 Needs

$248,409

$248,409

$248,409

$248,409

WEDNESDAY, MARCH 8, 2006

1631

State General Funds

($1,335,119,050) ($1,335,119,050) ($1,335,119,050) ($1,335,119,050)

TOTAL PUBLIC FUNDS

($1,334,870,641) ($1,334,870,641) ($1,334,870,641) ($1,334,870,641)

Quality Basic Education Program

Continuation Budget

The purpose is to provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-

12 students are academically prepared for further education and the workplace.

TOTAL STATE FUNDS

$6,677,381,942 $6,677,381,942 $6,677,381,942 $6,677,381,942

State General Funds

$6,677,381,942 $6,677,381,942 $6,677,381,942 $6,677,381,942

TOTAL PUBLIC FUNDS

$6,677,381,942 $6,677,381,942 $6,677,381,942 $6,677,381,942

Changes in the Size of the Program

150.1 Provide a mid-term adjustment for enrollment growth of 2.5%.

Revenue Shortfall Reserve for K-12 Needs

$144,984,921 $144,984,921 $144,984,921 $144,984,921

150.2 Provide funds to correct an error in the FTE count for the middle school and middle grades programs.

State General Funds

$1,000,000

$1,000,000

$1,000,000

150. Quality Basic Education Program

Appropriation (HB1026)

The purpose is to provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-

12 students are academically prepared for further education and the workplace.

TOTAL STATE FUNDS

$6,822,366,863 $6,823,366,863 $6,823,366,863 $6,823,366,863

Revenue Shortfall Reserve for K-12 Needs

$144,984,921 $144,984,921 $144,984,921 $144,984,921

State General Funds

$6,677,381,942 $6,678,381,942 $6,678,381,942 $6,678,381,942

TOTAL PUBLIC FUNDS

$6,822,366,863 $6,823,366,863 $6,823,366,863 $6,823,366,863

Regional Education Service Agencies

Continuation Budget

The purpose is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the

effectiveness of educational programs and services to local school systems.

TOTAL STATE FUNDS

$11,473,253

$11,473,253

$11,473,253

$11,473,253

State General Funds

$11,473,253

$11,473,253

$11,473,253

$11,473,253

TOTAL PUBLIC FUNDS

$11,473,253

$11,473,253

$11,473,253

$11,473,253

151. Regional Education Service Agencies

Appropriation (HB1026)

The purpose is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the

effectiveness of educational programs and services to local school systems.

TOTAL STATE FUNDS

$11,473,253

$11,473,253

$11,473,253

$11,473,253

State General Funds

$11,473,253

$11,473,253

$11,473,253

$11,473,253

1632

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$11,473,253

$11,473,253

$11,473,253

$11,473,253

School Improvement

Continuation Budget

The purpose is to design and implement a coherent and sustained statewide system of support and process for improvement,

providing local education agencies and schools in Georgia with tools and resources as well as intensive support for schools

not making Adequate Yearly Progress.

TOTAL STATE FUNDS

$11,636,228

$11,636,228

$11,636,228

$11,636,228

State General Funds

$11,636,228

$11,636,228

$11,636,228

$11,636,228

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures

$100,000

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$11,736,228

$11,736,228

$11,736,228

$11,736,228

152. School Improvement

Appropriation (HB1026)

The purpose is to design and implement a coherent and sustained statewide system of support and process for improvement,

providing local education agencies and schools in Georgia with tools and resources as well as intensive support for schools

not making Adequate Yearly Progress.

TOTAL STATE FUNDS

$11,636,228

$11,636,228

$11,636,228

$11,636,228

State General Funds

$11,636,228

$11,636,228

$11,636,228

$11,636,228

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures

$100,000

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$11,736,228

$11,736,228

$11,736,228

$11,736,228

School Nurses

Continuation Budget

The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase

opportunities for academic success.

TOTAL AGENCY FUNDS

$30,000,000

$30,000,000

$30,000,000

$30,000,000

Sales and Services

$30,000,000

$30,000,000

$30,000,000

$30,000,000

Sales and Services Not Itemized

$30,000,000

$30,000,000

$30,000,000

$30,000,000

TOTAL PUBLIC FUNDS

$30,000,000

$30,000,000

$30,000,000

$30,000,000

153. School Nurses

Appropriation (HB1026)

The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase

opportunities for academic success.

WEDNESDAY, MARCH 8, 2006

1633

TOTAL AGENCY FUNDS

$30,000,000

$30,000,000

$30,000,000

$30,000,000

Sales and Services

$30,000,000

$30,000,000

$30,000,000

$30,000,000

Sales and Services Not Itemized

$30,000,000

$30,000,000

$30,000,000

$30,000,000

TOTAL PUBLIC FUNDS

$30,000,000

$30,000,000

$30,000,000

$30,000,000

Severely Emotionally Disturbed

Continuation Budget

The purpose is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS

$64,684,683

$64,684,683

$64,684,683

$64,684,683

State General Funds

$64,684,683

$64,684,683

$64,684,683

$64,684,683

TOTAL FEDERAL FUNDS

$7,724,112

$7,724,112

$7,724,112

$7,724,112

Federal Funds Not Itemized

$7,724,112

$7,724,112

$7,724,112

$7,724,112

TOTAL PUBLIC FUNDS

$72,408,795

$72,408,795

$72,408,795

$72,408,795

154. Severely Emotionally Disturbed

Appropriation (HB1026)

The purpose is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS

$64,684,683

$64,684,683

$64,684,683

$64,684,683

State General Funds

$64,684,683

$64,684,683

$64,684,683

$64,684,683

TOTAL FEDERAL FUNDS

$7,724,112

$7,724,112

$7,724,112

$7,724,112

Federal Funds Not Itemized

$7,724,112

$7,724,112

$7,724,112

$7,724,112

TOTAL PUBLIC FUNDS

$72,408,795

$72,408,795

$72,408,795

$72,408,795

State Interagency Transfers

Continuation Budget

The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a

contract.

TOTAL STATE FUNDS

$251,591,693 $251,591,693 $251,591,693 $251,591,693

State General Funds

$251,591,693 $251,591,693 $251,591,693 $251,591,693

TOTAL FEDERAL FUNDS

$18,888,697

$18,888,697

$18,888,697

$18,888,697

Federal Funds Not Itemized

$18,888,697

$18,888,697

$18,888,697

$18,888,697

TOTAL PUBLIC FUNDS

$270,480,390 $270,480,390 $270,480,390 $270,480,390

155. State Interagency Transfers

Appropriation (HB1026)

The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a

contract.

TOTAL STATE FUNDS

$251,591,693 $251,591,693 $251,591,693 $251,591,693

State General Funds

$251,591,693 $251,591,693 $251,591,693 $251,591,693

1634

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$18,888,697

$18,888,697

$18,888,697

$18,888,697

Federal Funds Not Itemized

$18,888,697

$18,888,697

$18,888,697

$18,888,697

TOTAL PUBLIC FUNDS

$270,480,390 $270,480,390 $270,480,390 $270,480,390

State Reading and Math

Continuation Budget

The purpose of this program is to improve academic proficiency in reading and math by funding research-based programs

in grades K-3 and after-school programs in grades 4-8.

TOTAL STATE FUNDS

$26,652,770

$26,652,770

$26,652,770

$26,652,770

State General Funds

$26,652,770

$26,652,770

$26,652,770

$26,652,770

TOTAL PUBLIC FUNDS

$26,652,770

$26,652,770

$26,652,770

$26,652,770

156. State Reading and Math

Appropriation (HB1026)

The purpose of this program is to improve academic proficiency in reading and math by funding research-based programs

in grades K-3 and after-school programs in grades 4-8.

TOTAL STATE FUNDS

$26,652,770

$26,652,770

$26,652,770

$26,652,770

State General Funds

$26,652,770

$26,652,770

$26,652,770

$26,652,770

TOTAL PUBLIC FUNDS

$26,652,770

$26,652,770

$26,652,770

$26,652,770

State Schools

Continuation Budget

The purpose of the State Schools is to prepare sensory-impaired and multi-disabled students to become productive citizens

by providing a learning environment addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$18,875,323

$18,875,323

$18,875,323

$18,875,323

State General Funds

$18,875,323

$18,875,323

$18,875,323

$18,875,323

TOTAL FEDERAL FUNDS

$431,714

$431,714

$431,714

$431,714

Federal Funds Not Itemized

$431,714

$431,714

$431,714

$431,714

TOTAL AGENCY FUNDS

$501,001

$501,001

$501,001

$501,001

Sales and Services

$501,001

$501,001

$501,001

$501,001

Sales and Services Not Itemized

$501,001

$501,001

$501,001

$501,001

TOTAL PUBLIC FUNDS

$19,808,038

$19,808,038

$19,808,038

$19,808,038

One-Time Expense

157.1 Provide a covered walkway for the Georgia Academy for the Blind.

State General Funds

$180,000

$180,000

$180,000

$180,000

WEDNESDAY, MARCH 8, 2006

1635

157. State Schools

Appropriation (HB1026)

The purpose of the State Schools is to prepare sensory-impaired and multi-disabled students to become productive citizens

by providing a learning environment addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$19,055,323

$19,055,323

$19,055,323

$19,055,323

State General Funds

$19,055,323

$19,055,323

$19,055,323

$19,055,323

TOTAL FEDERAL FUNDS

$431,714

$431,714

$431,714

$431,714

Federal Funds Not Itemized

$431,714

$431,714

$431,714

$431,714

TOTAL AGENCY FUNDS

$501,001

$501,001

$501,001

$501,001

Sales and Services

$501,001

$501,001

$501,001

$501,001

Sales and Services Not Itemized

$501,001

$501,001

$501,001

$501,001

TOTAL PUBLIC FUNDS

$19,988,038

$19,988,038

$19,988,038

$19,988,038

Technology/Career Education

Continuation Budget

The purpose is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS

$15,256,641

$15,256,641

$15,256,641

$15,256,641

State General Funds

$15,256,641

$15,256,641

$15,256,641

$15,256,641

TOTAL FEDERAL FUNDS

$20,606,546

$20,606,546

$20,606,546

$20,606,546

Federal Funds Not Itemized

$20,606,546

$20,606,546

$20,606,546

$20,606,546

TOTAL PUBLIC FUNDS

$35,863,187

$35,863,187

$35,863,187

$35,863,187

158. Technology/Career Education

Appropriation (HB1026)

The purpose is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS

$15,256,641

$15,256,641

$15,256,641

$15,256,641

State General Funds

$15,256,641

$15,256,641

$15,256,641

$15,256,641

TOTAL FEDERAL FUNDS

$20,606,546

$20,606,546

$20,606,546

$20,606,546

Federal Funds Not Itemized

$20,606,546

$20,606,546

$20,606,546

$20,606,546

TOTAL PUBLIC FUNDS

$35,863,187

$35,863,187

$35,863,187

$35,863,187

Testing

Continuation Budget

The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to

implement the program.

TOTAL STATE FUNDS

$17,709,829

$17,709,829

$17,709,829

$17,709,829

State General Funds

$17,709,829

$17,709,829

$17,709,829

$17,709,829

TOTAL FEDERAL FUNDS

$9,704,191

$9,704,191

$9,704,191

$9,704,191

1636

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$9,704,191

$9,704,191

$9,704,191

$9,704,191

TOTAL PUBLIC FUNDS

$27,414,020

$27,414,020

$27,414,020

$27,414,020

One-Time Expense

159.1 Provide funds to develop a modified assessment for students with persistent academic disabilities.

State General Funds

$1,000,000

$1,000,000

$1,000,000

$1,000,000

159. Testing

Appropriation (HB1026)

The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to

implement the program.

TOTAL STATE FUNDS

$18,709,829

$18,709,829

$18,709,829

$18,709,829

State General Funds

$18,709,829

$18,709,829

$18,709,829

$18,709,829

TOTAL FEDERAL FUNDS

$9,704,191

$9,704,191

$9,704,191

$9,704,191

Federal Funds Not Itemized

$9,704,191

$9,704,191

$9,704,191

$9,704,191

TOTAL PUBLIC FUNDS

$28,414,020

$28,414,020

$28,414,020

$28,414,020

Transportation

Continuation Budget

The purpose is to assist local school systems in their efforts to provide safe and efficient transportation for students to and

from school and school related activities. Assistance is provided in the areas of driver training, funding, equipment

specifications and purchases.

TOTAL STATE FUNDS

$158,353,875 $158,353,875 $158,353,875 $158,353,875

State General Funds

$158,353,875 $158,353,875 $158,353,875 $158,353,875

TOTAL PUBLIC FUNDS

$158,353,875 $158,353,875 $158,353,875 $158,353,875

Changes in the Size of the Program

160.1 Add funds for increased fuel costs.

State General Funds

$5,000,000

$5,000,000

$5,000,000

$5,000,000

160. Transportation

Appropriation (HB1026)

The purpose is to assist local school systems in their efforts to provide safe and efficient transportation for students to and

from school and school related activities. Assistance is provided in the areas of driver training, funding, equipment

specifications and purchases.

TOTAL STATE FUNDS

$163,353,875 $163,353,875 $163,353,875 $163,353,875

State General Funds

$163,353,875 $163,353,875 $163,353,875 $163,353,875

TOTAL PUBLIC FUNDS

$163,353,875 $163,353,875 $163,353,875 $163,353,875

WEDNESDAY, MARCH 8, 2006

1637

Tuition for Multi-Handicapped

Continuation Budget

The purpose is to provide funds to assist school systems that have multi-handicapped students. These funds are intended to

assist systems in meeting the high cost of private residential placements and to provide a continuum of placements for such

students as mandated by federal regulations.

TOTAL STATE FUNDS

$1,658,859

$1,658,859

$1,658,859

$1,658,859

State General Funds

$1,658,859

$1,658,859

$1,658,859

$1,658,859

TOTAL PUBLIC FUNDS

$1,658,859

$1,658,859

$1,658,859

$1,658,859

161. Tuition for Multi-Handicapped

Appropriation (HB1026)

The purpose is to provide funds to assist school systems that have multi-handicapped students. These funds are intended to

assist systems in meeting the high cost of private residential placements and to provide a continuum of placements for such

students as mandated by federal regulations.

TOTAL STATE FUNDS

$1,658,859

$1,658,859

$1,658,859

$1,658,859

State General Funds

$1,658,859

$1,658,859

$1,658,859

$1,658,859

TOTAL PUBLIC FUNDS

$1,658,859

$1,658,859

$1,658,859

$1,658,859

Changes in Operations / Administration

425.1 Create new program called Fund Accounting (G:YES)(H:YES)(S:NO)(CC:YES)

State General Funds

$0

$0

$0

$0

One-Time Expense

425.2 Provide fund accounting system for all local school system. (H: Redirect $500,000 in proposed funding to correct a

middle school FTE count error. Replace funds in year two of the fund accounting project.)

State General Funds

$9,000,000

$8,500,000

$0

$5,000,000

425.3 Fund Accounting: Script Interface to Financial Systems

State General Funds

$1,000,000

$0

425.4 Fund Accounting: Interface to Other Agencies

State General Funds

$500,000

$0

425.5 Fund Accounting: Develop Capital Outlay Processing System (COPS)

State General Funds

$1,100,000

$0

425.6 Fund Accounting: Electronic Transcript - assists GSFC to establish HOPE Eligibility as well as interface with

State Universities and Colleges.

State General Funds

$400,000

$0

1638

JOURNAL OF THE SENATE

425.7 Fund Accounting: Interface with Federal System - NCES Course Taxonomy

State General Funds

$100,000

$0

425.8 Fund Accounting: Assessments - Adding item level domain data to Data Warehouse

State General Funds

$250,000

$0

425.9 Fund Accounting: Project Planning & Development

State General Funds

$750,000

$0

425.10 Fund Accounting: DOE Project Team Costs

State General Funds

$750,000

$0

425. Fund Accounting

Appropriation (HB1026)

The purpose of this appropriation is to fund the Fund Accounting System.

TOTAL STATE FUNDS

$9,000,000

$8,500,000

$4,850,000

$5,000,000

State General Funds

$9,000,000

$8,500,000

$4,850,000

$5,000,000

TOTAL PUBLIC FUNDS

$9,000,000

$8,500,000

$4,850,000

$5,000,000

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,429.42. In addition, all local

school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 24: Employees' Retirement System of Georgia

Section Total - Continuation

TOTAL STATE FUNDS

$5,112,647

$5,112,647

$5,112,647

$5,112,647

State General Funds

$5,112,647

$5,112,647

$5,112,647

$5,112,647

TOTAL AGENCY FUNDS

$6,256,626

$6,256,626

$6,256,626

$6,256,626

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

$3,128,505

Sales and Services

$3,128,121

$3,128,121

$3,128,121

$3,128,121

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,856,982

$16,856,982

$16,856,982

$16,856,982

TOTAL PUBLIC FUNDS

$28,226,255

$28,226,255

$28,226,255

$28,226,255

Section Total - Final

TOTAL STATE FUNDS

$5,112,647

$5,112,647

$5,112,647

$5,112,647

State General Funds

$5,112,647

$5,112,647

$5,112,647

$5,112,647

TOTAL AGENCY FUNDS

$6,257,025

$6,257,025

$6,257,025

$6,257,025

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

$3,128,505

Sales and Services

$3,128,520

$3,128,520

$3,128,520

$3,128,520

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,859,726

$16,859,726

$16,859,726

$16,859,726

TOTAL PUBLIC FUNDS

$28,229,398

$28,229,398

$28,229,398

$28,229,398

WEDNESDAY, MARCH 8, 2006

1639

Deferred Compensation

Continuation Budget

The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the

State, giving them an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS

$3,128,121

$3,128,121

$3,128,121

$3,128,121

Sales and Services

$3,128,121

$3,128,121

$3,128,121

$3,128,121

Sales and Services Not Itemized

$3,128,121

$3,128,121

$3,128,121

$3,128,121

TOTAL PUBLIC FUNDS

$3,128,121

$3,128,121

$3,128,121

$3,128,121

Statewide Changes

162.1 WC, GTA, and GBA

Sales and Services Not Itemized

$399

$399

$399

$399

162. Deferred Compensation

Appropriation (HB1026)

The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the

State, giving them an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS

$3,128,520

$3,128,520

$3,128,520

$3,128,520

Sales and Services

$3,128,520

$3,128,520

$3,128,520

$3,128,520

Sales and Services Not Itemized

$3,128,520

$3,128,520

$3,128,520

$3,128,520

TOTAL PUBLIC FUNDS

$3,128,520

$3,128,520

$3,128,520

$3,128,520

Georgia Military Pension Fund

Continuation Budget

The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$890,651

$890,651

$890,651

$890,651

State General Funds

$890,651

$890,651

$890,651

$890,651

TOTAL PUBLIC FUNDS

$890,651

$890,651

$890,651

$890,651

163. Georgia Military Pension Fund

Appropriation (HB1026)

The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$890,651

$890,651

$890,651

$890,651

State General Funds

$890,651

$890,651

$890,651

$890,651

TOTAL PUBLIC FUNDS

$890,651

$890,651

$890,651

$890,651

System Administration

Continuation Budget

The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement

benefits to members and beneficiaries. It is the intent of the General Assembly that the employer contribution rate for the

1640

JOURNAL OF THE SENATE

Employees' Retirement System shall not exceed 10.41% for New Plan Employees and 5.66% for Old Plan Employees for

State Fiscal Year 2006.

TOTAL AGENCY FUNDS

$3,128,505

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income Not Itemized

$3,128,505

$3,128,505

$3,128,505

$3,128,505

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,856,982

$16,856,982

$16,856,982

$16,856,982

Retirement Payments

$16,856,982

$16,856,982

$16,856,982

$16,856,982

TOTAL PUBLIC FUNDS

$19,985,487

$19,985,487

$19,985,487

$19,985,487

Statewide Changes

164.1 WC, GTA, and GBA

Retirement Payments

$2,744

$2,744

$2,744

$2,744

164. System Administration

Appropriation (HB1026)

The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement

benefits to members and beneficiaries. It is the intent of the General Assembly that the employer contribution rate for the

Employees' Retirement System shall not exceed 10.41% for New Plan Employees and 5.66% for Old Plan Employees for

State Fiscal Year 2006.

TOTAL AGENCY FUNDS

$3,128,505

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income Not Itemized

$3,128,505

$3,128,505

$3,128,505

$3,128,505

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,859,726

$16,859,726

$16,859,726

$16,859,726

Retirement Payments

$16,859,726

$16,859,726

$16,859,726

$16,859,726

TOTAL PUBLIC FUNDS

$19,988,231

$19,988,231

$19,988,231

$19,988,231

Public School Employees Retirement System

Continuation Budget

The purpose is to account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely

and accurate payment of retirement benefits. It is the intent of the General Assembly that the employer contribution for

Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006.

TOTAL STATE FUNDS

$4,221,996

$4,221,996

$4,221,996

$4,221,996

State General Funds

$4,221,996

$4,221,996

$4,221,996

$4,221,996

TOTAL PUBLIC FUNDS

$4,221,996

$4,221,996

$4,221,996

$4,221,996

165. Public School Employees Retirement System

Appropriation (HB1026)

The purpose is to account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely

WEDNESDAY, MARCH 8, 2006

1641

and accurate payment of retirement benefits. It is the intent of the General Assembly that the employer contribution for

Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006.

TOTAL STATE FUNDS

$4,221,996

$4,221,996

$4,221,996

$4,221,996

State General Funds

$4,221,996

$4,221,996

$4,221,996

$4,221,996

TOTAL PUBLIC FUNDS

$4,221,996

$4,221,996

$4,221,996

$4,221,996

Section 25: Forestry Commission, State

Section Total - Continuation

TOTAL STATE FUNDS

$31,932,273

$31,932,273

$31,932,273

$31,932,273

State General Funds

$31,932,273

$31,932,273

$31,932,273

$31,932,273

TOTAL FEDERAL FUNDS

$822,000

$822,000

$822,000

$822,000

Federal Funds Not Itemized

$822,000

$822,000

$822,000

$822,000

TOTAL AGENCY FUNDS

$5,448,129

$5,448,129

$5,448,129

$5,448,129

Royalties and Rents

$138,000

$138,000

$138,000

$138,000

Sales and Services

$5,310,129

$5,310,129

$5,310,129

$5,310,129

TOTAL PUBLIC FUNDS

$38,202,402

$38,202,402

$38,202,402

$38,202,402

Section Total - Final

TOTAL STATE FUNDS

$34,140,479

$34,140,479

$34,140,479

$34,140,479

State General Funds

$34,140,479

$34,140,479

$34,140,479

$34,140,479

TOTAL FEDERAL FUNDS

$822,000

$822,000

$822,000

$822,000

Federal Funds Not Itemized

$822,000

$822,000

$822,000

$822,000

TOTAL AGENCY FUNDS

$5,448,129

$5,448,129

$5,448,129

$5,448,129

Intergovernmental Transfers

$43,526

$43,526

$43,526

$43,526

Royalties and Rents

$138,000

$138,000

$138,000

$138,000

Sales and Services

$5,266,603

$5,266,603

$5,266,603

$5,266,603

TOTAL PUBLIC FUNDS

$40,410,608

$40,410,608

$40,410,608

$40,410,608

Commission Administration

Continuation Budget

The purpose is to administer work force needs, handle purchasing, accounts receivable and payable, meet information

technology needs, and provide oversight that emphasizes customer values and process innovation.

TOTAL STATE FUNDS

$3,798,610

$3,798,610

$3,798,610

$3,798,610

State General Funds

$3,798,610

$3,798,610

$3,798,610

$3,798,610

TOTAL AGENCY FUNDS

$173,027

$173,027

$173,027

$173,027

1642

JOURNAL OF THE SENATE

Sales and Services

$173,027

$173,027

$173,027

$173,027

Sales and Services Not Itemized

$173,027

$173,027

$173,027

$173,027

TOTAL PUBLIC FUNDS

$3,971,637

$3,971,637

$3,971,637

$3,971,637

Statewide Changes

166.1 WC, GTA, and GBA

State General Funds

$5,791

$5,791

$5,791

$5,791

Changes in the Size of the Program

166.2 Realign funds to properly reflect expenditures by transferring funds from Forest Management, Forest Protection,

Tree Seedling Nursery, and Tree Improvement programs.

State General Funds

$344,098

$344,098

$344,098

$344,098

166. Commission Administration

Appropriation (HB1026)

The purpose is to administer work force needs, handle purchasing, accounts receivable and payable, meet information

technology needs, and provide oversight that emphasizes customer values and process innovation.

TOTAL STATE FUNDS

$4,148,499

$4,148,499

$4,148,499

$4,148,499

State General Funds

$4,148,499

$4,148,499

$4,148,499

$4,148,499

TOTAL AGENCY FUNDS

$173,027

$173,027

$173,027

$173,027

Sales and Services

$173,027

$173,027

$173,027

$173,027

Sales and Services Not Itemized

$173,027

$173,027

$173,027

$173,027

TOTAL PUBLIC FUNDS

$4,321,526

$4,321,526

$4,321,526

$4,321,526

Forest Management

Continuation Budget

The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory

data.

TOTAL STATE FUNDS

$2,624,712

$2,624,712

$2,624,712

$2,624,712

State General Funds

$2,624,712

$2,624,712

$2,624,712

$2,624,712

TOTAL FEDERAL FUNDS

$552,000

$552,000

$552,000

$552,000

Federal Funds Not Itemized

$552,000

$552,000

$552,000

$552,000

TOTAL AGENCY FUNDS

$627,500

$627,500

$627,500

$627,500

Royalties and Rents

$125,000

$125,000

$125,000

$125,000

Royalties and Rents Not Itemized

$125,000

$125,000

$125,000

$125,000

Sales and Services

$502,500

$502,500

$502,500

$502,500

Sales and Services Not Itemized

$502,500

$502,500

$502,500

$502,500

WEDNESDAY, MARCH 8, 2006

1643

TOTAL PUBLIC FUNDS

$3,804,212

$3,804,212

$3,804,212

$3,804,212

Statewide Changes

167.1 WC, GTA, and GBA

State General Funds

$4,470

$4,470

$4,470

$4,470

Changes in the Size of the Program

167.2 Realign funds to properly reflect expenditures by transferring funds to the Administration program.

State General Funds

($244,987)

($244,987)

($244,987)

($244,987)

Sales and Services Not Itemized

($3,462)

($3,462)

($3,462)

($3,462)

TOTAL PUBLIC FUNDS

($248,449)

($248,449)

($248,449)

($248,449)

167. Forest Management

Appropriation (HB1026)

The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory

data.

TOTAL STATE FUNDS

$2,384,195

$2,384,195

$2,384,195

$2,384,195

State General Funds

$2,384,195

$2,384,195

$2,384,195

$2,384,195

TOTAL FEDERAL FUNDS

$552,000

$552,000

$552,000

$552,000

Federal Funds Not Itemized

$552,000

$552,000

$552,000

$552,000

TOTAL AGENCY FUNDS

$624,038

$624,038

$624,038

$624,038

Royalties and Rents

$125,000

$125,000

$125,000

$125,000

Royalties and Rents Not Itemized

$125,000

$125,000

$125,000

$125,000

Sales and Services

$499,038

$499,038

$499,038

$499,038

Sales and Services Not Itemized

$499,038

$499,038

$499,038

$499,038

TOTAL PUBLIC FUNDS

$3,560,233

$3,560,233

$3,560,233

$3,560,233

Forest Protection

Continuation Budget

The purpose is to protect the public and forest resources.

TOTAL STATE FUNDS

$25,575,110

$25,575,110

$25,575,110

$25,575,110

State General Funds

$25,575,110

$25,575,110

$25,575,110

$25,575,110

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$2,676,611

$2,676,611

$2,676,611

$2,676,611

Royalties and Rents

$13,000

$13,000

$13,000

$13,000

Royalties and Rents Not Itemized

$13,000

$13,000

$13,000

$13,000

1644

JOURNAL OF THE SENATE

Sales and Services

$2,663,611

$2,663,611

$2,663,611

$2,663,611

Sales and Services Not Itemized

$2,663,611

$2,663,611

$2,663,611

$2,663,611

TOTAL PUBLIC FUNDS

$28,451,721

$28,451,721

$28,451,721

$28,451,721

Statewide Changes

168.1 WC, GTA, and GBA

State General Funds

$48,356

$48,356

$48,356

$48,356

Changes in Operations / Administration

168.2 Realign funds to properly reflect expenditures by transferring to the Administration program.

State General Funds

($98,647)

($98,647)

($98,647)

($98,647)

Intergovernmental Transfers Not Itemized

$43,526

$43,526

$43,526

$43,526

TOTAL PUBLIC FUNDS

($55,121)

($55,121)

($55,121)

($55,121)

168.4 Provide funding for ongoing and deferred maintenance on firefighting equipment to prepare for a moderate fire

season.

State General Funds

$876,222

$876,222

$876,222

$876,222

One-Time Expense

168.3 Replace eighteen vehicles used in firefighting in excess of 135,000 miles.

State General Funds

$642,000

$642,000

$642,000

$642,000

168.5 Fund commission-wide upgrades to communications equipment used in fighting fires.

State General Funds

$500,000

$500,000

$500,000

$500,000

Changes in the Size of the Program

168.6 Fill fifteen vacant firefighter positions to ensure the commission can adequately respond to a moderate fire season.

State General Funds

$131,250

$131,250

$131,250

$131,250

168. Forest Protection

Appropriation (HB1026)

The purpose is to protect the public and forest resources.

TOTAL STATE FUNDS

$27,674,291

$27,674,291

$27,674,291

$27,674,291

State General Funds

$27,674,291

$27,674,291

$27,674,291

$27,674,291

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$2,720,137

$2,720,137

$2,720,137

$2,720,137

Intergovernmental Transfers

$43,526

$43,526

$43,526

$43,526

Intergovernmental Transfers Not Itemized

$43,526

$43,526

$43,526

$43,526

WEDNESDAY, MARCH 8, 2006

1645

Royalties and Rents

$13,000

$13,000

$13,000

$13,000

Royalties and Rents Not Itemized

$13,000

$13,000

$13,000

$13,000

Sales and Services

$2,663,611

$2,663,611

$2,663,611

$2,663,611

Sales and Services Not Itemized

$2,663,611

$2,663,611

$2,663,611

$2,663,611

TOTAL PUBLIC FUNDS

$30,594,428

$30,594,428

$30,594,428

$30,594,428

Tree Improvement

Continuation Budget

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

$119,123

$119,123

$119,123

$119,123

State General Funds

$119,123

$119,123

$119,123

$119,123

TOTAL PUBLIC FUNDS

$119,123

$119,123

$119,123

$119,123

Changes in Operations / Administration

169.1 Realign funds to properly reflect expenditures by transferring funds to the Administration program.

State General Funds

($464)

($464)

($464)

($464)

169. Tree Improvement

Appropriation (HB1026)

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

$118,659

$118,659

$118,659

$118,659

State General Funds

$118,659

$118,659

$118,659

$118,659

TOTAL PUBLIC FUNDS

$118,659

$118,659

$118,659

$118,659

Tree Seedling Nursery

Continuation Budget

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

($185,282)

($185,282)

($185,282)

($185,282)

State General Funds

($185,282)

($185,282)

($185,282)

($185,282)

TOTAL FEDERAL FUNDS

$70,000

$70,000

$70,000

$70,000

Federal Funds Not Itemized

$70,000

$70,000

$70,000

$70,000

TOTAL AGENCY FUNDS

$1,970,991

$1,970,991

$1,970,991

$1,970,991

Sales and Services

$1,970,991

$1,970,991

$1,970,991

$1,970,991

Sales and Services Not Itemized

$1,970,991

$1,970,991

$1,970,991

$1,970,991

TOTAL PUBLIC FUNDS

$1,855,709

$1,855,709

$1,855,709

$1,855,709

1646

JOURNAL OF THE SENATE

Statewide Changes

170.1 WC, GTA, and GBA

State General Funds

$117

$117

$117

$117

Changes in Operations / Administration

170.2 Realign funds to properly reflect expenditures by transferring funds to the Administration program.

Sales and Services Not Itemized

($40,064)

($40,064)

($40,064)

($40,064)

170. Tree Seedling Nursery

Appropriation (HB1026)

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

($185,165)

($185,165)

($185,165)

($185,165)

State General Funds

($185,165)

($185,165)

($185,165)

($185,165)

TOTAL FEDERAL FUNDS

$70,000

$70,000

$70,000

$70,000

Federal Funds Not Itemized

$70,000

$70,000

$70,000

$70,000

TOTAL AGENCY FUNDS

$1,930,927

$1,930,927

$1,930,927

$1,930,927

Sales and Services

$1,930,927

$1,930,927

$1,930,927

$1,930,927

Sales and Services Not Itemized

$1,930,927

$1,930,927

$1,930,927

$1,930,927

TOTAL PUBLIC FUNDS

$1,815,762

$1,815,762

$1,815,762

$1,815,762

Section 26: Governor, Office of the

Section Total - Continuation

TOTAL STATE FUNDS

$39,517,470

$39,517,470

$39,517,470

$39,517,470

State General Funds

$39,517,470

$39,517,470

$39,517,470

$39,517,470

TOTAL FEDERAL FUNDS

$5,603,227

$5,603,227

$5,603,227

$5,603,227

Federal Funds Not Itemized

$5,603,227

$5,603,227

$5,603,227

$5,603,227

TOTAL AGENCY FUNDS

$624,875

$624,875

$624,875

$624,875

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

$15,000

Sales and Services

$609,875

$609,875

$609,875

$609,875

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$265,670

$265,670

$265,670

$265,670

TOTAL PUBLIC FUNDS

$46,011,242

$46,011,242

$46,011,242

$46,011,242

Section Total - Final

TOTAL STATE FUNDS

$40,137,430

$39,493,430

$39,882,430

$39,837,430

State General Funds

$40,137,430

$39,493,430

$39,787,430

$39,837,430

Tobacco Settlement Funds

$95,000

WEDNESDAY, MARCH 8, 2006

1647

TOTAL FEDERAL FUNDS

$5,603,227

$5,603,227

$26,042,786

$26,042,786

Federal Funds Not Itemized

$5,603,227

$5,603,227

$26,042,786

$26,042,786

TOTAL AGENCY FUNDS

$624,875

$624,875

$2,505,080

$930,080

Contributions, Donations, and Forfeitures

$15,000

$15,000

$37,080

$37,080

Reserved Fund Balances

$131,001

$131,001

Intergovernmental Transfers

$1,575,000

Sales and Services

$609,875

$609,875

$615,056

$615,056

Sanctions, Fines, and Penalties

$146,943

$146,943

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$265,670

$265,670

$392,506

$392,506

TOTAL PUBLIC FUNDS

$46,631,202

$45,987,202

$68,822,802

$67,202,802

Governor's Emergency Fund

Continuation Budget

The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS

$3,469,576

$3,469,576

$3,469,576

$3,469,576

State General Funds

$3,469,576

$3,469,576

$3,469,576

$3,469,576

TOTAL PUBLIC FUNDS

$3,469,576

$3,469,576

$3,469,576

$3,469,576

Changes in the Size of the Program

171.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds to the

Georgia Emergency Management Agency Public Assistance program.

State General Funds

($625,000)

$0

171. Governor's Emergency Fund

Appropriation (HB1026)

The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS

$3,469,576

$3,469,576

$2,844,576

$3,469,576

State General Funds

$3,469,576

$3,469,576

$2,844,576

$3,469,576

TOTAL PUBLIC FUNDS

$3,469,576

$3,469,576

$2,844,576

$3,469,576

Governor's Office

Continuation Budget

The purpose is to provide numerous duties including, but not limited to: granting commissions, appointments and

vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion

allowance shall be $40,000.

TOTAL STATE FUNDS

$5,056,367

$5,056,367

$5,056,367

$5,056,367

State General Funds

$5,056,367

$5,056,367

$5,056,367

$5,056,367

TOTAL PUBLIC FUNDS

$5,056,367

$5,056,367

$5,056,367

$5,056,367

1648

JOURNAL OF THE SENATE

Statewide Changes

172.1 WC, GTA, and GBA

State General Funds

$3,017

$3,017

$3,017

$3,017

Changes in the Size of the Program

172.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for the State of

Georgia office in Washington, D.C. and Governor's Internship Program.

Agency to Agency Contracts

$126,836

$126,836

172. Governor's Office

Appropriation (HB1026)

The purpose is to provide numerous duties including, but not limited to: granting commissions, appointments and

vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion

allowance shall be $40,000.

TOTAL STATE FUNDS

$5,059,384

$5,059,384

$5,059,384

$5,059,384

State General Funds

$5,059,384

$5,059,384

$5,059,384

$5,059,384

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$126,836

$126,836

Agency to Agency Contracts

$126,836

$126,836

TOTAL PUBLIC FUNDS

$5,059,384

$5,059,384

$5,186,220

$5,186,220

Planning and Budget - Attached Agency Administration

Continuation Budget

The purpose is to provide administration services to various agencies.

TOTAL STATE FUNDS

$4,961,364

$4,961,364

$4,961,364

$4,961,364

State General Funds

$4,961,364

$4,961,364

$4,961,364

$4,961,364

TOTAL PUBLIC FUNDS

$4,961,364

$4,961,364

$4,961,364

$4,961,364

Changes in the Size of the Program

173.1 Transfer funds to the Office Administration program and the Research and Management program to design and

implement enterprise budget system.

State General Funds

($754,845)

($754,845)

($754,845)

($754,845)

173.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds to the

Office Administration program.

State General Funds

($300,000)

($300,000)

173.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds from the

OneGeorgia Authority.

Tobacco Settlement Funds

$95,000

$0

WEDNESDAY, MARCH 8, 2006

1649

173. Planning and Budget - Attached Agency Administration

Appropriation (HB1026)

The purpose is to provide administration services to various agencies.

TOTAL STATE FUNDS

$4,206,519

$4,206,519

$4,001,519

$3,906,519

State General Funds

$4,206,519

$4,206,519

$3,906,519

$3,906,519

Tobacco Settlement Funds

$95,000

TOTAL PUBLIC FUNDS

$4,206,519

$4,206,519

$4,001,519

$3,906,519

Planning and Budget - Budget Management and Fiscal Policy

Continuation Budget

The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor.

TOTAL STATE FUNDS

$2,331,824

$2,331,824

$2,331,824

$2,331,824

State General Funds

$2,331,824

$2,331,824

$2,331,824

$2,331,824

TOTAL PUBLIC FUNDS

$2,331,824

$2,331,824

$2,331,824

$2,331,824

Changes in the Size of the Program

174.1 Transfer funds to the Research and Management program to design and implement enterprise budget system.

State General Funds

($164,398)

($164,398)

($164,398)

($164,398)

174.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to be used

for contractual work with Georgia State University.

Federal Funds Not Itemized

$186,478

$186,478

174. Planning and Budget - Budget Management and Fiscal

Appropriation (HB1026)

Policy

The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor.

TOTAL STATE FUNDS

$2,167,426

$2,167,426

$2,167,426

$2,167,426

State General Funds

$2,167,426

$2,167,426

$2,167,426

$2,167,426

TOTAL FEDERAL FUNDS

$186,478

$186,478

Federal Funds Not Itemized

$186,478

$186,478

TOTAL PUBLIC FUNDS

$2,167,426

$2,167,426

$2,353,904

$2,353,904

Planning and Budget - Office Administration

Continuation Budget

The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state

agencies.

TOTAL STATE FUNDS

$1,521,238

$1,521,238

$1,521,238

$1,521,238

State General Funds

$1,521,238

$1,521,238

$1,521,238

$1,521,238

TOTAL PUBLIC FUNDS

$1,521,238

$1,521,238

$1,521,238

$1,521,238

1650

JOURNAL OF THE SENATE

Statewide Changes

175.1 WC, GTA, and GBA

State General Funds

$4,308

$4,308

$4,308

$4,308

TOTAL PUBLIC FUNDS

$4,308

Changes in Operations / Administration

175.4 CNG HR Task Force Surplus.

State General Funds

($200,000)

TOTAL PUBLIC FUNDS

($200,000)

Changes in the Size of the Program

175.2 Transfer funds from the Attached Agency Administration program to design and implement enterprise budget

system (S: Recognize in kind Payments from Georgia Technology Authority originally in HB85 as Remittance to

State Treasury).

State General Funds

$340,939

$340,939

$340,939

$340,939

Intergovernmental Transfers Not Itemized

$1,575,000

$0

TOTAL PUBLIC FUNDS

$1,915,939

$340,939

175.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds from

the Attached Agency Administration program.

State General Funds

$300,000

$300,000

175. Planning and Budget - Office Administration

Appropriation (HB1026)

The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state

agencies.

TOTAL STATE FUNDS

$1,866,485

$1,866,485

$2,166,485

$1,966,485

State General Funds

$1,866,485

$1,866,485

$2,166,485

$1,966,485

TOTAL AGENCY FUNDS

$1,575,000

Intergovernmental Transfers

$1,575,000

Intergovernmental Transfers Not Itemized

$1,575,000

TOTAL PUBLIC FUNDS

$1,866,485

$1,866,485

$3,741,485

$1,966,485

Planning and Budget - Planning and Evaluation

Continuation Budget

The purpose is to provide capital budget planning and review and to provide strategic and business planning services to the

Office of the Governor.

TOTAL STATE FUNDS

$899,456

$899,456

$899,456

$899,456

WEDNESDAY, MARCH 8, 2006

1651

State General Funds

$899,456

$899,456

$899,456

$899,456

TOTAL PUBLIC FUNDS

$899,456

$899,456

$899,456

$899,456

Changes in the Size of the Program

176.1 Transfer funds to the Research and Management program to design and implement enterprise budget system.

State General Funds

($200,924)

($200,924)

($200,924)

($200,924)

176. Planning and Budget - Planning and Evaluation

Appropriation (HB1026)

The purpose is to provide capital budget planning and review and to provide strategic and business planning services to the

Office of the Governor.

TOTAL STATE FUNDS

$698,532

$698,532

$698,532

$698,532

State General Funds

$698,532

$698,532

$698,532

$698,532

TOTAL PUBLIC FUNDS

$698,532

$698,532

$698,532

$698,532

Planning and Budget - Research and Management

Continuation Budget

The purpose is to provide policy and program research for the Office of the Governor and to manage state Clearinghouse

function and provide the Office of Planning and Budget database and technical support.

TOTAL STATE FUNDS

$1,588,475

$1,588,475

$1,588,475

$1,588,475

State General Funds

$1,588,475

$1,588,475

$1,588,475

$1,588,475

TOTAL PUBLIC FUNDS

$1,588,475

$1,588,475

$1,588,475

$1,588,475

Changes in the Size of the Program

177.1 Transfer funds from the Attached Agency Administration program to design and implement enterprise budget

system.

State General Funds

$779,228

$779,228

$779,228

$779,228

177. Planning and Budget - Research and Management

Appropriation (HB1026)

The purpose is to provide policy and program research for the Office of the Governor and to manage state Clearinghouse

function and provide the Office of Planning and Budget database and technical support.

TOTAL STATE FUNDS

$2,367,703

$2,367,703

$2,367,703

$2,367,703

State General Funds

$2,367,703

$2,367,703

$2,367,703

$2,367,703

TOTAL PUBLIC FUNDS

$2,367,703

$2,367,703

$2,367,703

$2,367,703

Arts, Georgia Council for the

Continuation Budget

The purpose is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS

$3,900,546

$3,900,546

$3,900,546

$3,900,546

State General Funds

$3,900,546

$3,900,546

$3,900,546

$3,900,546

1652

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$710,524

$710,524

$710,524

$710,524

Federal Funds Not Itemized

$710,524

$710,524

$710,524

$710,524

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures Not Itemized

$15,000

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$4,626,070

$4,626,070

$4,626,070

$4,626,070

Statewide Changes

178.1 WC, GTA, and GBA

State General Funds

$138

$138

$138

$138

Changes in the Size of the Program

178.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to increase

access to the arts.

Federal Funds Not Itemized

$4,106

$4,106

178. Arts, Georgia Council for the

Appropriation (HB1026)

The purpose is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS

$3,900,684

$3,900,684

$3,900,684

$3,900,684

State General Funds

$3,900,684

$3,900,684

$3,900,684

$3,900,684

TOTAL FEDERAL FUNDS

$710,524

$710,524

$714,630

$714,630

Federal Funds Not Itemized

$710,524

$710,524

$714,630

$714,630

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures Not Itemized

$15,000

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$4,626,208

$4,626,208

$4,630,314

$4,630,314

Child Advocate, Office of the

Continuation Budget

The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and

well-being of children.

TOTAL STATE FUNDS

$716,356

$716,356

$716,356

$716,356

State General Funds

$716,356

$716,356

$716,356

$716,356

TOTAL PUBLIC FUNDS

$716,356

$716,356

$716,356

$716,356

Statewide Changes

WEDNESDAY, MARCH 8, 2006

1653

179.1 WC, GTA, and GBA

State General Funds

$486

$486

$486

$486

One-Time Expense

179.2 Provide software for an electronic document management system providing efficient storage, management and

retrieval of all agency documents.

State General Funds

$25,132

$25,132

$25,132

$25,132

Changes in the Size of the Program

179.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to aid

advocacy and educational programs.

Federal Funds Not Itemized

$134,182

$134,182

TOTAL PUBLIC FUNDS

$134,182

$134,182

179. Child Advocate, Office of the

Appropriation (HB1026)

The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and

well-being of children.

TOTAL STATE FUNDS

$741,974

$741,974

$741,974

$741,974

State General Funds

$741,974

$741,974

$741,974

$741,974

TOTAL FEDERAL FUNDS

$134,182

$134,182

Federal Funds Not Itemized

$134,182

$134,182

TOTAL PUBLIC FUNDS

$741,974

$741,974

$876,156

$876,156

Consumer Affairs, Governor's Office of

Continuation Budget

The Office of Consumer Affairs protects consumers and legitimate business enterprises from unfair and deceptive business

practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS

$3,287,352

$3,287,352

$3,287,352

$3,287,352

State General Funds

$3,287,352

$3,287,352

$3,287,352

$3,287,352

TOTAL AGENCY FUNDS

$417,019

$417,019

$417,019

$417,019

Sales and Services

$417,019

$417,019

$417,019

$417,019

Sales and Services Not Itemized

$417,019

$417,019

$417,019

$417,019

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,670

$150,670

$150,670

$150,670

Agency to Agency Contracts

$150,670

$150,670

$150,670

$150,670

TOTAL PUBLIC FUNDS

$3,855,041

$3,855,041

$3,855,041

$3,855,041

1654

JOURNAL OF THE SENATE

Statewide Changes

180.1 WC, GTA, and GBA

State General Funds

$2,354

$2,354

$2,354

$2,354

Changes in the Size of the Program

180.2 Provide for cool room storage for servers.

State General Funds

$16,000

$16,000

$16,000

$16,000

180.3 Provide funding to establish and implement a customer service initiative. (H: Fund one position)

State General Funds

$700,000

$56,000

$350,000

$600,000

180.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to aid in the

enforcement of civil law.

Sales and Services Not Itemized

$5,000

$5,000

Sanctions, Fines, and Penalties Not Itemized

$146,943

$146,943

TOTAL PUBLIC FUNDS

$151,943

$151,943

180. Consumer Affairs, Governor's Office of

Appropriation (HB1026)

The Office of Consumer Affairs protects consumers and legitimate business enterprises from unfair and deceptive business

practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS

$4,005,706

$3,361,706

$3,655,706

$3,905,706

State General Funds

$4,005,706

$3,361,706

$3,655,706

$3,905,706

TOTAL AGENCY FUNDS

$417,019

$417,019

$568,962

$568,962

Sales and Services

$417,019

$417,019

$422,019

$422,019

Sales and Services Not Itemized

$417,019

$417,019

$422,019

$422,019

Sanctions, Fines, and Penalties

$146,943

$146,943

Sanctions, Fines, and Penalties Not Itemized

$146,943

$146,943

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,670

$150,670

$150,670

$150,670

Agency to Agency Contracts

$150,670

$150,670

$150,670

$150,670

TOTAL PUBLIC FUNDS

$4,573,395

$3,929,395

$4,375,338

$4,625,338

Emergency Management Agency, Georgia

Continuation Budget

The purpose is to provide a comprehensive and aggressive emergency preparedness, response, and recovery program for

the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters.

TOTAL STATE FUNDS

$1,989,168

$1,989,168

$1,989,168

$1,989,168

State General Funds

$1,989,168

$1,989,168

$1,989,168

$1,989,168

WEDNESDAY, MARCH 8, 2006

1655

TOTAL FEDERAL FUNDS

$4,127,556

$4,127,556

$4,127,556

$4,127,556

Federal Funds Not Itemized

$4,127,556

$4,127,556

$4,127,556

$4,127,556

TOTAL AGENCY FUNDS

$192,856

$192,856

$192,856

$192,856

Sales and Services

$192,856

$192,856

$192,856

$192,856

Sales and Services Not Itemized

$192,856

$192,856

$192,856

$192,856

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$115,000

$115,000

$115,000

$115,000

Agency to Agency Contracts

$115,000

$115,000

$115,000

$115,000

TOTAL PUBLIC FUNDS

$6,424,580

$6,424,580

$6,424,580

$6,424,580

Statewide Changes

181.1 WC, GTA, and GBA

State General Funds

$1,133

$1,133

$1,133

$1,133

Changes in the Size of the Program

181.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds and prior

year funding from the Governor's Emergency Fund for Hurricane Katrina assistance.

Federal Funds Not Itemized

$16,966,097

$16,966,097

Reserved Fund Balances Not Itemized

$131,001

$131,001

TOTAL PUBLIC FUNDS

$17,097,098

$17,097,098

181.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds from

the Governor's Emergency Fund for Hurricane Dennis assistance.

State General Funds

$625,000

$0

181. Emergency Management Agency, Georgia

Appropriation (HB1026)

The purpose is to provide a comprehensive and aggressive emergency preparedness, response, and recovery program for

the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters.

TOTAL STATE FUNDS

$1,990,301

$1,990,301

$2,615,301

$1,990,301

State General Funds

$1,990,301

$1,990,301

$2,615,301

$1,990,301

TOTAL FEDERAL FUNDS

$4,127,556

$4,127,556

$21,093,653

$21,093,653

Federal Funds Not Itemized

$4,127,556

$4,127,556

$21,093,653

$21,093,653

TOTAL AGENCY FUNDS

$192,856

$192,856

$323,857

$323,857

Reserved Fund Balances

$131,001

$131,001

Reserved Fund Balances Not Itemized

$131,001

$131,001

Sales and Services

$192,856

$192,856

$192,856

$192,856

1656

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$192,856

$192,856

$192,856

$192,856

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$115,000

$115,000

$115,000

$115,000

Agency to Agency Contracts

$115,000

$115,000

$115,000

$115,000

TOTAL PUBLIC FUNDS

$6,425,713

$6,425,713

$24,147,811

$23,522,811

Equal Opportunity, Georgia Commission on

Continuation Budget

The purpose is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act

which makes it unlawful for discrimination against any individual.

TOTAL STATE FUNDS

$695,707

$695,707

$695,707

$695,707

State General Funds

$695,707

$695,707

$695,707

$695,707

TOTAL FEDERAL FUNDS

$387,217

$387,217

$387,217

$387,217

Federal Funds Not Itemized

$387,217

$387,217

$387,217

$387,217

TOTAL PUBLIC FUNDS

$1,082,924

$1,082,924

$1,082,924

$1,082,924

Statewide Changes

182.1 WC, GTA, and GBA

State General Funds

$440

$440

$440

$440

Changes in Operations / Administration

182.2 Reflect savings from relocation of office space from Peachtree Center to Floyd State Office Building.

State General Funds

($55,000)

($55,000)

($55,000)

($55,000)

Changes in the Size of the Program

182.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to aid with

fair housing.

Federal Funds Not Itemized

$90,500

$90,500

182. Equal Opportunity, Georgia Commission on

Appropriation (HB1026)

The purpose is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act

which makes it unlawful for discrimination against any individual.

TOTAL STATE FUNDS

$641,147

$641,147

$641,147

$641,147

State General Funds

$641,147

$641,147

$641,147

$641,147

TOTAL FEDERAL FUNDS

$387,217

$387,217

$477,717

$477,717

Federal Funds Not Itemized

$387,217

$387,217

$477,717

$477,717

TOTAL PUBLIC FUNDS

$1,028,364

$1,028,364

$1,118,864

$1,118,864

WEDNESDAY, MARCH 8, 2006

1657

Office of Homeland Security

Continuation Budget

Per Executive Order, the purpose is to lead and direct the preparation, employment and management of state resources to

safeguard Georgia and its citizens against threats or acts of terrorism and natural disasters.

TOTAL STATE FUNDS

$592,905

$592,905

$592,905

$592,905

State General Funds

$592,905

$592,905

$592,905

$592,905

TOTAL PUBLIC FUNDS

$592,905

$592,905

$592,905

$592,905

Statewide Changes

183.1 WC, GTA, and GBA

State General Funds

$390

$390

$390

$390

Changes in the Size of the Program

183.2 Reduce funds to reflect projected expenditures.

State General Funds

($83,000)

($83,000)

($83,000)

($83,000)

183.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in funds

received from the Federal Emergency Management Agency.

Federal Funds Not Itemized

$200

$200

183. Office of Homeland Security

Appropriation (HB1026)

Per Executive Order, the purpose is to lead and direct the preparation, employment and management of state resources to

safeguard Georgia and its citizens against threats or acts of terrorism and natural disasters.

TOTAL STATE FUNDS

$510,295

$510,295

$510,295

$510,295

State General Funds

$510,295

$510,295

$510,295

$510,295

TOTAL FEDERAL FUNDS

$200

$200

Federal Funds Not Itemized

$200

$200

TOTAL PUBLIC FUNDS

$510,295

$510,295

$510,495

$510,495

Office of the State Inspector General

Continuation Budget

Per Executive Order, the purpose is to foster and promote accountability and integrity in state government by investigating

and preventing fraud, waste and abuse.

TOTAL STATE FUNDS

$791,432

$791,432

$791,432

$791,432

State General Funds

$791,432

$791,432

$791,432

$791,432

TOTAL PUBLIC FUNDS

$791,432

$791,432

$791,432

$791,432

Statewide Changes

1658

JOURNAL OF THE SENATE

184.1 WC, GTA, and GBA

State General Funds

$418

$418

$418

$418

184. Office of the State Inspector General

Appropriation (HB1026)

Per Executive Order, the purpose is to foster and promote accountability and integrity in state government by investigating

and preventing fraud, waste and abuse.

TOTAL STATE FUNDS

$791,850

$791,850

$791,850

$791,850

State General Funds

$791,850

$791,850

$791,850

$791,850

TOTAL PUBLIC FUNDS

$791,850

$791,850

$791,850

$791,850

Professional Standards Commission, Georgia

Continuation Budget

The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

TOTAL STATE FUNDS

$6,579,840

$6,579,840

$6,579,840

$6,579,840

State General Funds

$6,579,840

$6,579,840

$6,579,840

$6,579,840

TOTAL FEDERAL FUNDS

$111,930

$111,930

$111,930

$111,930

Federal Funds Not Itemized

$111,930

$111,930

$111,930

$111,930

TOTAL PUBLIC FUNDS

$6,691,770

$6,691,770

$6,691,770

$6,691,770

Statewide Changes

185.1 WC, GTA, and GBA

State General Funds

$3,521

$3,521

$3,521

$3,521

Changes in Operations / Administration

185.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for cost associated with

consultant on the panel review of the schools on the needs improvement list and administration.

Federal Funds Not Itemized

$1,622,818

$1,622,818

185.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for private donations

collected at the National Board conference and bank card fees.

Contributions, Donations, and Forfeitures Not Itemized

$22,080

$22,080

Sales and Services Not Itemized

$181

$181

TOTAL PUBLIC FUNDS

$22,261

$22,261

Changes in How the Program is Funded

185.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for fund part time

administrative assistant.

Federal Funds Not Itemized

$25,832

$25,832

WEDNESDAY, MARCH 8, 2006

1659

Changes in the Size of the Program

185.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for one full time position and

contract employees plus expenses related to the position.

Federal Funds Not Itemized

$302,869

$302,869

185.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for stipend for participants,

salary for consultants and other related expenses.

Federal Funds Not Itemized

$1,106,477

$1,106,477

185. Professional Standards Commission, Georgia

Appropriation (HB1026)

The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

TOTAL STATE FUNDS

$6,583,361

$6,583,361

$6,583,361

$6,583,361

State General Funds

$6,583,361

$6,583,361

$6,583,361

$6,583,361

TOTAL FEDERAL FUNDS

$111,930

$111,930

$3,169,926

$3,169,926

Federal Funds Not Itemized

$111,930

$111,930

$3,169,926

$3,169,926

TOTAL AGENCY FUNDS

$22,261

$22,261

Contributions, Donations, and Forfeitures

$22,080

$22,080

Contributions, Donations, and Forfeitures Not Itemized

$22,080

$22,080

Sales and Services

$181

$181

Sales and Services Not Itemized

$181

$181

TOTAL PUBLIC FUNDS

$6,695,291

$6,695,291

$9,775,548

$9,775,548

Student Achievement, Office of

Continuation Budget

The purpose is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS

$1,135,864

$1,135,864

$1,135,864

$1,135,864

State General Funds

$1,135,864

$1,135,864

$1,135,864

$1,135,864

TOTAL FEDERAL FUNDS

$266,000

$266,000

$266,000

$266,000

Federal Funds Not Itemized

$266,000

$266,000

$266,000

$266,000

TOTAL PUBLIC FUNDS

$1,401,864

$1,401,864

$1,401,864

$1,401,864

Statewide Changes

186.1 WC, GTA, and GBA

State General Funds

$623

$623

$623

$623

186. Student Achievement, Office of

Appropriation (HB1026)

The purpose is to improve student achievement and school completion in Georgia.

1660

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$1,136,487

$1,136,487

$1,136,487

$1,136,487

State General Funds

$1,136,487

$1,136,487

$1,136,487

$1,136,487

TOTAL FEDERAL FUNDS

$266,000

$266,000

$266,000

$266,000

Federal Funds Not Itemized

$266,000

$266,000

$266,000

$266,000

TOTAL PUBLIC FUNDS

$1,402,487

$1,402,487

$1,402,487

$1,402,487

There is hereby appropriated to the Office of the Governor the sum of $400,000 of the moneys collected in accordance with

O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the office of the Consumer Affairs

for all the purposes for which such moneys may be appropriated pursuant to Article 28.

Section 27: Human Resources, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$1,372,277,952 $1,372,277,952 $1,372,277,952 $1,372,277,952

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

$3,000,000

State General Funds

$1,334,244,473 $1,334,244,473 $1,334,244,473 $1,334,244,473

Tobacco Settlement Funds

$35,033,479

$35,033,479

$35,033,479

$35,033,479

TOTAL FEDERAL FUNDS

$1,197,385,486 $1,197,385,486 $1,197,385,486 $1,197,385,486

Child Care & Development Block Grant CFDA93.575

$52,106,949

$52,106,949

$52,106,949

$52,106,949

CCDF Mandatory & Matching Funds CFDA93.596

$74,410,706

$74,410,706

$74,410,706

$74,410,706

Community Mental Health Services Block Grant

$12,840,422

$12,840,422

$12,840,422

$12,840,422

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

$17,185,183

Federal Funds Not Itemized

$308,987,738 $308,987,738 $308,987,738 $308,987,738

Foster Care Title IV-E CFDA93.658

$41,354,292

$41,354,292

$41,354,292

$41,354,292

Low-Income Home Energy Assistance CFDA93.568

$18,929,972

$18,929,972

$18,929,972

$18,929,972

Maternal & Child Health Services Block Grant CFDA93.994

$17,348,033

$17,348,033

$17,348,033

$17,348,033

Medical Assistance Program CFDA93.778

$175,865,314 $175,865,314 $175,865,314 $175,865,314

Prevention & Treatment of Substance Abuse Block Grant

$50,960,435

$50,960,435

$50,960,435

$50,960,435

CFDA93.959

Preventive Health & Health Services Block Grant

$4,203,960

$4,203,960

$4,203,960

$4,203,960

Social Services Block Grant CFDA 93.667

$55,368,733

$55,368,733

$55,368,733

$55,368,733

Temporary Assistance for Needy Families

$347,823,749 $347,823,749 $347,823,749 $347,823,749

Temporary Assistance for Needy Families Unobligated

$20,000,000

$20,000,000

$20,000,000

$20,000,000

TOTAL AGENCY FUNDS

$181,632,610 $181,632,610 $181,632,610 $181,632,610

WEDNESDAY, MARCH 8, 2006
Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Mental Health Services Block Grant Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant
CFDA93.959 Preventive Health & Health Services Block Grant
CFDA93.991 Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Unobligated
Balance TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS

1661

$20,000,000

$20,000,000

$20,000,000

$161,632,610 $161,632,610 $161,632,610

$6,030,541

$6,030,541

$6,030,541

$2,757,326,589 $2,757,326,589 $2,757,326,589
Section Total - Final

$1,408,324,342 $1,407,198,614 $1,406,095,032

$3,000,000

$3,000,000

$3,000,000

$1,370,290,863 $1,369,165,135 $1,368,061,553

$35,033,479

$35,033,479

$35,033,479

$1,224,805,252 $1,224,612,986 $1,469,209,189

$54,506,907

$54,506,907

$54,506,907

$74,410,706

$74,410,706

$74,410,706

$12,840,422

$12,840,422

$12,840,422

$17,185,183

$17,185,183

$17,185,183

$326,143,387 $326,143,387 $628,575,338

$74,236,044

$74,236,044

$74,236,044

$18,970,241

$18,970,241

$18,970,241

$17,348,033

$17,348,033

$17,348,033

$147,089,005 $146,896,739

$97,502,564

$50,960,435

$50,960,435

$52,280,546

$20,000,000 $161,632,610
$6,030,541 $2,757,326,589
$1,416,587,057 $3,000,000
$1,378,553,578 $35,033,479
$1,469,209,189 $54,506,907 $74,410,706 $12,840,422 $17,185,183 $628,575,338 $74,236,044 $18,970,241 $17,348,033 $97,502,564 $52,280,546

$4,203,960

$4,203,960

$5,258,723

$5,258,723

$55,370,733 $351,540,196 $20,000,000

$55,370,733 $351,540,196 $20,000,000

$55,370,733 $354,728,378
$5,995,371

$55,370,733 $354,728,378
$5,995,371

$179,298,282 $20,000,000 $159,298,282
$6,030,541

$179,298,282 $20,000,000 $159,298,282
$6,030,541

$185,988,861 $20,000,000 $165,988,861
$6,030,541

$185,988,861 $20,000,000 $165,988,861
$6,030,541

1662

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$2,818,458,417 $2,817,140,423 $3,067,323,623 $3,077,815,648

Adolescent Health and Youth Development

Continuation Budget

The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility.

TOTAL STATE FUNDS

$2,950,573

$2,950,573

$2,950,573

$2,950,573

State General Funds

$2,950,573

$2,950,573

$2,950,573

$2,950,573

TOTAL FEDERAL FUNDS

$9,807,473

$9,807,473

$9,807,473

$9,807,473

Maternal & Child Health Services Block Grant CFDA93.994

$1,043,468

$1,043,468

$1,043,468

$1,043,468

Medical Assistance Program CFDA93.778

$25,631

$25,631

$25,631

$25,631

Temporary Assistance for Needy Families

$8,738,374

$8,738,374

$8,738,374

$8,738,374

Temporary Assistance for Needy Families Block Grant

$8,738,374

$8,738,374

$8,738,374

$8,738,374

CFDA 93.558

TOTAL PUBLIC FUNDS

$12,758,046

$12,758,046

$12,758,046

$12,758,046

187. Adolescent Health and Youth Development

Appropriation (HB1026)

The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility.

TOTAL STATE FUNDS

$2,950,573

$2,950,573

$2,950,573

$2,950,573

State General Funds

$2,950,573

$2,950,573

$2,950,573

$2,950,573

TOTAL FEDERAL FUNDS

$9,807,473

$9,807,473

$9,807,473

$9,807,473

Maternal & Child Health Services Block Grant CFDA93.994

$1,043,468

$1,043,468

$1,043,468

$1,043,468

Medical Assistance Program CFDA93.778

$25,631

$25,631

$25,631

$25,631

Temporary Assistance for Needy Families

$8,738,374

$8,738,374

$8,738,374

$8,738,374

Temporary Assistance for Needy Families Block Grant

$8,738,374

$8,738,374

$8,738,374

$8,738,374

CFDA 93.558

TOTAL PUBLIC FUNDS

$12,758,046

$12,758,046

$12,758,046

$12,758,046

Adoption Services and Supplements

Continuation Budget

The purpose is to support and facilitate the permanent placement of children in safe and stable homes by providing

financial assistance and supportive services.

TOTAL STATE FUNDS

$27,839,182

$27,839,182

$27,839,182

$27,839,182

State General Funds

$27,839,182

$27,839,182

$27,839,182

$27,839,182

TOTAL FEDERAL FUNDS

$25,557,784

$25,557,784

$25,557,784

$25,557,784

Federal Funds Not Itemized

$21,257,784

$21,257,784

$21,257,784

$21,257,784

Temporary Assistance for Needy Families

$4,300,000

$4,300,000

$4,300,000

$4,300,000

WEDNESDAY, MARCH 8, 2006

1663

Temporary Assistance for Needy Families Block Grant

$4,300,000

$4,300,000

$4,300,000

$4,300,000

CFDA 93.558

TOTAL AGENCY FUNDS

$561,732

$561,732

$561,732

$561,732

Sales and Services

$561,732

$561,732

$561,732

$561,732

Sales and Services Not Itemized

$561,732

$561,732

$561,732

$561,732

TOTAL PUBLIC FUNDS

$53,958,698

$53,958,698

$53,958,698

$53,958,698

Changes in How the Program is Funded

188.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Federal Funds Not Itemized

$561,732

$561,732

$561,732

$561,732

Sales and Services Not Itemized

($561,732)

($561,732)

($561,732)

($561,732)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

Changes in the Size of the Program

188.2 Add funds to cover increases in the number of adoptions by Title-IV E ineligible Families.

Temporary Assistance for Needy Families Block Grant CFDA

$1,000,000

$1,000,000

93.558

188. Adoption Services and Supplements

Appropriation (HB1026)

The purpose is to support and facilitate the permanent placement of children in safe and stable homes by providing

financial assistance and supportive services.

TOTAL STATE FUNDS

$27,839,182

$27,839,182

$27,839,182

$27,839,182

State General Funds

$27,839,182

$27,839,182

$27,839,182

$27,839,182

TOTAL FEDERAL FUNDS

$26,119,516

$26,119,516

$27,119,516

$27,119,516

Federal Funds Not Itemized

$21,819,516

$21,819,516

$21,819,516

$21,819,516

Temporary Assistance for Needy Families

$4,300,000

$4,300,000

$5,300,000

$5,300,000

Temporary Assistance for Needy Families Block Grant

$4,300,000

$4,300,000

$5,300,000

$5,300,000

CFDA 93.558

TOTAL PUBLIC FUNDS

$53,958,698

$53,958,698

$54,958,698

$54,958,698

Adult Protective Services

Continuation Budget

The purpose is to protect disabled adults and elder persons who are not residents of long term care facilities from situations

of domestic abuse, neglect and exploitation.

TOTAL STATE FUNDS

$8,166,693

$8,166,693

$8,166,693

$8,166,693

State General Funds

$8,166,693

$8,166,693

$8,166,693

$8,166,693

1664

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$6,432,602

$6,432,602

$6,432,602

$6,432,602

Medical Assistance Program CFDA93.778

$4,178,063

$4,178,063

$4,178,063

$4,178,063

Social Services Block Grant CFDA 93.667

$2,254,539

$2,254,539

$2,254,539

$2,254,539

TOTAL PUBLIC FUNDS

$14,599,295

$14,599,295

$14,599,295

$14,599,295

Changes in Operations / Administration

189.1 Transfer funds to the Child Protective Services program to correctly reflect the amount of Targeted Case

Management funds.

Medical Assistance Program CFDA93.778

($2,507,000)

($2,507,000)

($2,507,000)

($2,507,000)

189.2 Transfer to the Administration program to provide for appropriate segregation of duties for guardianship

activities.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

189.3 Transfer funds from the Child Protective Services program.

State General Funds

$2,507,000

$2,507,000

$2,507,000

$2,507,000

189. Adult Protective Services

Appropriation (HB1026)

The purpose is to protect disabled adults and elder persons who are not residents of long term care facilities from situations

of domestic abuse, neglect and exploitation.

TOTAL STATE FUNDS

$10,423,693

$10,423,693

$10,423,693

$10,423,693

State General Funds

$10,423,693

$10,423,693

$10,423,693

$10,423,693

TOTAL FEDERAL FUNDS

$3,925,602

$3,925,602

$3,925,602

$3,925,602

Medical Assistance Program CFDA93.778

$1,671,063

$1,671,063

$1,671,063

$1,671,063

Social Services Block Grant CFDA 93.667

$2,254,539

$2,254,539

$2,254,539

$2,254,539

TOTAL PUBLIC FUNDS

$14,349,295

$14,349,295

$14,349,295

$14,349,295

Cancer Screening and Prevention

Continuation Budget

The purpose is to reduce the morbidity and mortality from breast or cervical cancer.

TOTAL STATE FUNDS

$6,261,931

$6,261,931

$6,261,931

$6,261,931

State General Funds

$3,536,818

$3,536,818

$3,536,818

$3,536,818

Tobacco Settlement Funds

$2,725,113

$2,725,113

$2,725,113

$2,725,113

TOTAL PUBLIC FUNDS

$6,261,931

$6,261,931

$6,261,931

$6,261,931

Changes in How the Program is Funded

190.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

WEDNESDAY, MARCH 8, 2006

1665

Federal Funds Not Itemized

$976,317

$976,317

190. Cancer Screening and Prevention

Appropriation (HB1026)

The purpose is to reduce the morbidity and mortality from breast or cervical cancer.

TOTAL STATE FUNDS

$6,261,931

$6,261,931

$6,261,931

$6,261,931

State General Funds

$3,536,818

$3,536,818

$3,536,818

$3,536,818

Tobacco Settlement Funds

$2,725,113

$2,725,113

$2,725,113

$2,725,113

TOTAL FEDERAL FUNDS

$976,317

$976,317

Federal Funds Not Itemized

$976,317

$976,317

TOTAL PUBLIC FUNDS

$6,261,931

$6,261,931

$7,238,248

$7,238,248

Child Care and Parent Services

Continuation Budget

The purpose is to permit low income families to be self-reliant while protecting the safety and well-being of their children

by ensuring access to child care.

TOTAL STATE FUNDS

$61,805,665

$61,805,665

$61,805,665

$61,805,665

State General Funds

$61,805,665

$61,805,665

$61,805,665

$61,805,665

TOTAL FEDERAL FUNDS

$124,387,121 $124,387,121 $124,387,121 $124,387,121

Child Care & Development Block Grant CFDA93.575

$52,106,949

$52,106,949

$52,106,949

$52,106,949

CCDF Mandatory & Matching Funds CFDA93.596

$32,580,082

$32,580,082

$32,580,082

$32,580,082

Social Services Block Grant CFDA 93.667

$90

$90

$90

$90

Temporary Assistance for Needy Families

$39,700,000

$39,700,000

$39,700,000

$39,700,000

Temporary Assistance for Needy Families Block Grant

$10,000,000

$10,000,000

$10,000,000

$10,000,000

CFDA 93.558

TANF Transfers to Child Care Development Fund

$29,700,000

$29,700,000

$29,700,000

$29,700,000

TOTAL AGENCY FUNDS

$832,728

$832,728

$832,728

$832,728

Sales and Services

$832,728

$832,728

$832,728

$832,728

Sales and Services Not Itemized

$832,728

$832,728

$832,728

$832,728

TOTAL PUBLIC FUNDS

$187,025,514 $187,025,514 $187,025,514 $187,025,514

Changes in Operations / Administration

191.1 Transfer funds for After School Care Expansion activities to Support for Needy Families-Administration and

Family Assistance.

State General Funds

($4,000,000)

($4,000,000)

$0

$0

1666

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant CFDA

($10,000,000) ($10,000,000)

$0

$0

93.558

TOTAL PUBLIC FUNDS

($14,000,000) ($14,000,000)

$0

$0

Changes in How the Program is Funded

191.2 Supplant Medicaid Patient Pay Agency funds with federal funds.

Child Care & Development Block Grant CFDA93.575

$832,728

$832,728

$832,728

$832,728

Sales and Services Not Itemized

($832,728)

($832,728)

($832,728)

($832,728)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

191.3 Supplant funds.

Federal Funds Not Itemized

$0

$0

$29,700,000

$29,700,000

TANF Transfers to Child Care Development Fund

($29,700,000) ($29,700,000)

TOTAL PUBLIC FUNDS

$0

$0

191. Child Care and Parent Services

Appropriation (HB1026)

The purpose is to permit low income families to be self-reliant while protecting the safety and well-being of their children

by ensuring access to child care.

TOTAL STATE FUNDS

$57,805,665

$57,805,665

$61,805,665

$61,805,665

State General Funds

$57,805,665

$57,805,665

$61,805,665

$61,805,665

TOTAL FEDERAL FUNDS

$115,219,849 $115,219,849 $125,219,849 $125,219,849

Child Care & Development Block Grant CFDA93.575

$52,939,677

$52,939,677

$52,939,677

$52,939,677

CCDF Mandatory & Matching Funds CFDA93.596

$32,580,082

$32,580,082

$32,580,082

$32,580,082

Federal Funds Not Itemized

$29,700,000

$29,700,000

Social Services Block Grant CFDA 93.667

$90

$90

$90

$90

Temporary Assistance for Needy Families

$29,700,000

$29,700,000

$10,000,000

$10,000,000

Temporary Assistance for Needy Families Block Grant

$10,000,000

$10,000,000

CFDA 93.558

TANF Transfers to Child Care Development Fund

$29,700,000

$29,700,000

TOTAL PUBLIC FUNDS

$173,025,514 $173,025,514 $187,025,514 $187,025,514

Child Fatality Review Panel

Continuation Budget

The purpose is to provide a confidential forum for local child fatality review committees to determine manner and cause of

death and if the death was preventable.

TOTAL STATE FUNDS

$334,562

$334,562

$334,562

$334,562

WEDNESDAY, MARCH 8, 2006

1667

State General Funds

$334,562

$334,562

$334,562

$334,562

TOTAL PUBLIC FUNDS

$334,562

$334,562

$334,562

$334,562

Statewide Changes

192.1 WC, GTA, and GBA

State General Funds

$249

$249

$249

$249

192. Child Fatality Review Panel

Appropriation (HB1026)

The purpose is to provide a confidential forum for local child fatality review committees to determine manner and cause of

death and if the death was preventable.

TOTAL STATE FUNDS

$334,811

$334,811

$334,811

$334,811

State General Funds

$334,811

$334,811

$334,811

$334,811

TOTAL PUBLIC FUNDS

$334,811

$334,811

$334,811

$334,811

Child Protective Services

Continuation Budget

The purpose of this statewide program investigates allegations of child abuse and neglect; and provides services to protect

the child and strengthen the family.

TOTAL STATE FUNDS

$60,124,883

$60,124,883

$60,124,883

$60,124,883

State General Funds

$58,055,835

$58,055,835

$58,055,835

$58,055,835

Tobacco Settlement Funds

$2,069,048

$2,069,048

$2,069,048

$2,069,048

TOTAL FEDERAL FUNDS

$156,710,324 $156,710,324 $156,710,324 $156,710,324

CCDF Mandatory & Matching Funds CFDA93.596

$41,829,844

$41,829,844

$41,829,844

$41,829,844

Federal Funds Not Itemized

$25,645,690

$25,645,690

$25,645,690

$25,645,690

Foster Care Title IV-E CFDA93.658

$13,431,881

$13,431,881

$13,431,881

$13,431,881

Social Services Block Grant CFDA 93.667

$5,018,743

$5,018,743

$5,018,743

$5,018,743

Temporary Assistance for Needy Families

$70,784,166

$70,784,166

$70,784,166

$70,784,166

Temporary Assistance for Needy Families Block Grant

$50,669,658

$50,669,658

$50,669,658

$50,669,658

CFDA 93.558

TANF Transfers to Social Services Block Grant

$20,114,508

$20,114,508

$20,114,508

$20,114,508

TOTAL AGENCY FUNDS

$13,490,604

$13,490,604

$13,490,604

$13,490,604

Sales and Services

$13,490,604

$13,490,604

$13,490,604

$13,490,604

Sales and Services Not Itemized

$13,490,604

$13,490,604

$13,490,604

$13,490,604

TOTAL PUBLIC FUNDS

$230,325,811 $230,325,811 $230,325,811 $230,325,811

1668

JOURNAL OF THE SENATE

Changes in Operations / Administration

193.1 Transfer funds from the Adult Protective Services program to correctly reflect the amount of Targeted Case

Management funds.

Medical Assistance Program CFDA93.778

$2,507,000

$2,507,000

$2,507,000

$2,507,000

193.2 Adjust the cost of 500 Child Protective Services caseworkers added in the FY2006 General Budget to account for

an earlier start date.

State General Funds

$4,437,525

$4,437,525

$4,437,525

$4,437,525

Foster Care Title IV-E CFDA93.658

$4,951,975

$4,951,975

$4,951,975

$4,951,975

TOTAL PUBLIC FUNDS

$9,389,500

$9,389,500

$9,389,500

$9,389,500

193.3 Transfer funds to the Adult Protective Services program.

State General Funds

($2,507,000)

($2,507,000)

($2,507,000)

($2,507,000)

Changes in How the Program is Funded

193.4 Transfer federal funds from the Out of Home Care program for child protective services investigations.

Social Services Block Grant CFDA 93.667

$3,600,000

$3,600,000

$3,600,000

$3,600,000

193.5 Supplant Medicaid Patient Pay Agency funds with federal funds.

Federal Funds Not Itemized

$13,490,604

$13,490,604

$13,490,604

$13,490,604

Sales and Services Not Itemized

($13,490,604) ($13,490,604) ($13,490,604) ($13,490,604)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

Changes in the Size of the Program

193.6 Increase Grants to Counties funding to SFY 2005 levels.

Temporary Assistance for Needy Families Block Grant CFDA

$3,700,000

$3,700,000

93.558

193.7 Add funds to support intake activities for non-Title IV-E eligible children.

Temporary Assistance for Needy Families Block Grant CFDA

$500,000

$500,000

93.558

193. Child Protective Services

Appropriation (HB1026)

The purpose of this statewide program investigates allegations of child abuse and neglect; and provides services to protect

the child and strengthen the family.

TOTAL STATE FUNDS

$62,055,408

$62,055,408

$62,055,408

$62,055,408

State General Funds

$59,986,360

$59,986,360

$59,986,360

$59,986,360

Tobacco Settlement Funds

$2,069,048

$2,069,048

$2,069,048

$2,069,048

WEDNESDAY, MARCH 8, 2006

1669

TOTAL FEDERAL FUNDS

$181,259,903 $181,259,903 $185,459,903

CCDF Mandatory & Matching Funds CFDA93.596

$41,829,844

$41,829,844

$41,829,844

Federal Funds Not Itemized

$39,136,294

$39,136,294

$39,136,294

Foster Care Title IV-E CFDA93.658

$18,383,856

$18,383,856

$18,383,856

Medical Assistance Program CFDA93.778

$2,507,000

$2,507,000

$2,507,000

Social Services Block Grant CFDA 93.667

$8,618,743

$8,618,743

$8,618,743

Temporary Assistance for Needy Families

$70,784,166

$70,784,166

$74,984,166

Temporary Assistance for Needy Families Block Grant

$50,669,658

$50,669,658

$54,869,658

CFDA 93.558

TANF Transfers to Social Services Block Grant

$20,114,508

$20,114,508

$20,114,508

TOTAL PUBLIC FUNDS

$243,315,311 $243,315,311 $247,515,311

Child Support Establishment Collection and Enforcement

Continuation Budget

The purpose is to enforce parental responsibility by paying financial support.

TOTAL STATE FUNDS

$15,508,672

$15,508,672

$15,508,672

State General Funds

$15,508,672

$15,508,672

$15,508,672

TOTAL FEDERAL FUNDS

$52,008,171

$52,008,171

$52,008,171

Federal Funds Not Itemized

$51,888,171

$51,888,171

$51,888,171

Social Services Block Grant CFDA 93.667

$120,000

$120,000

$120,000

TOTAL AGENCY FUNDS

$300,000

$300,000

$300,000

Sales and Services

$300,000

$300,000

$300,000

Sales and Services Not Itemized

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$67,816,843

$67,816,843

$67,816,843

194. Child Support Establishment Collection and

Appropriation (HB1026)

The purpose is to enforce parental responsibility by paying financial support.

TOTAL STATE FUNDS

$15,508,672

$15,508,672

$15,508,672

State General Funds

$15,508,672

$15,508,672

$15,508,672

TOTAL FEDERAL FUNDS

$52,008,171

$52,008,171

$52,008,171

Federal Funds Not Itemized

$51,888,171

$51,888,171

$51,888,171

Social Services Block Grant CFDA 93.667

$120,000

$120,000

$120,000

TOTAL AGENCY FUNDS

$300,000

$300,000

$300,000

Sales and Services

$300,000

$300,000

$300,000

$185,459,903 $41,829,844 $39,136,294 $18,383,856
$2,507,000 $8,618,743 $74,984,166 $54,869,658
$20,114,508 $247,515,311
$15,508,672 $15,508,672 $52,008,171 $51,888,171
$120,000 $300,000 $300,000 $300,000 $67,816,843
$15,508,672 $15,508,672 $52,008,171 $51,888,171
$120,000 $300,000 $300,000

1670

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$300,000

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$67,816,843

$67,816,843

$67,816,843

$67,816,843

Children with Special Needs

Continuation Budget

The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities.

TOTAL STATE FUNDS

$21,243,613

$21,243,613

$21,243,613

$21,243,613

State General Funds

$21,243,613

$21,243,613

$21,243,613

$21,243,613

TOTAL FEDERAL FUNDS

$10,079,911

$10,079,911

$10,079,911

$10,079,911

Federal Funds Not Itemized

$2,714,398

$2,714,398

$2,714,398

$2,714,398

Maternal & Child Health Services Block Grant CFDA93.994

$7,292,025

$7,292,025

$7,292,025

$7,292,025

Medical Assistance Program CFDA93.778

$19,308

$19,308

$19,308

$19,308

Preventive Health & Health Services Block Grant

$54,180

$54,180

$54,180

$54,180

TOTAL PUBLIC FUNDS

$31,323,524

$31,323,524

$31,323,524

$31,323,524

Statewide Changes

195.1 WC, GTA, and GBA

State General Funds

$27,557

$27,557

$27,557

$27,557

Changes in How the Program is Funded

195.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$637,019

$637,019

195. Children with Special Needs

Appropriation (HB1026)

The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities.

TOTAL STATE FUNDS

$21,271,170

$21,271,170

$21,271,170

$21,271,170

State General Funds

$21,271,170

$21,271,170

$21,271,170

$21,271,170

TOTAL FEDERAL FUNDS

$10,079,911

$10,079,911

$10,716,930

$10,716,930

Federal Funds Not Itemized

$2,714,398

$2,714,398

$3,351,417

$3,351,417

Maternal & Child Health Services Block Grant CFDA93.994

$7,292,025

$7,292,025

$7,292,025

$7,292,025

Medical Assistance Program CFDA93.778

$19,308

$19,308

$19,308

$19,308

Preventive Health & Health Services Block Grant

$54,180

$54,180

$54,180

$54,180

CFDA93.991

TOTAL PUBLIC FUNDS

$31,351,081

$31,351,081

$31,988,100

$31,988,100

WEDNESDAY, MARCH 8, 2006

1671

Chronic Disease Reduction - Health Promotion

Continuation Budget

The purpose is to provide education and health promotion related to chronic diseases.

TOTAL STATE FUNDS

$1,694,590

$1,694,590

$1,694,590

$1,694,590

State General Funds

$353,946

$353,946

$353,946

$353,946

Tobacco Settlement Funds

$1,340,644

$1,340,644

$1,340,644

$1,340,644

TOTAL PUBLIC FUNDS

$1,694,590

$1,694,590

$1,694,590

$1,694,590

Statewide Changes

196.1 WC, GTA, and GBA

State General Funds

$103,589

$103,589

$103,589

$103,589

196. Chronic Disease Reduction - Health Promotion

Appropriation (HB1026)

The purpose is to provide education and health promotion related to chronic diseases.

TOTAL STATE FUNDS

$1,798,179

$1,798,179

$1,798,179

$1,798,179

State General Funds

$457,535

$457,535

$457,535

$457,535

Tobacco Settlement Funds

$1,340,644

$1,340,644

$1,340,644

$1,340,644

TOTAL PUBLIC FUNDS

$1,798,179

$1,798,179

$1,798,179

$1,798,179

Chronic Disease Treatment and Control

Continuation Budget

The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians.

TOTAL STATE FUNDS

$8,112,612

$8,112,612

$8,112,612

$8,112,612

State General Funds

$4,565,157

$4,565,157

$4,565,157

$4,565,157

Tobacco Settlement Funds

$3,547,455

$3,547,455

$3,547,455

$3,547,455

TOTAL FEDERAL FUNDS

$1,210,877

$1,210,877

$1,210,877

$1,210,877

Preventive Health & Health Services Block Grant

$1,210,877

$1,210,877

$1,210,877

$1,210,877

TOTAL PUBLIC FUNDS

$9,323,489

$9,323,489

$9,323,489

$9,323,489

One-Time Expense

197.1 Provide funding for Hemophilia of Georgia to purchase factor concentrate for uninsured Georgians with

hemophilia.

State General Funds

$438,416

$438,416

197. Chronic Disease Treatment and Control

Appropriation (HB1026)

The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians.

TOTAL STATE FUNDS

$8,112,612

$8,112,612

$8,551,028

$8,551,028

State General Funds

$4,565,157

$4,565,157

$5,003,573

$5,003,573

1672

JOURNAL OF THE SENATE

Tobacco Settlement Funds

$3,547,455

$3,547,455

$3,547,455

$3,547,455

TOTAL FEDERAL FUNDS

$1,210,877

$1,210,877

$1,210,877

$1,210,877

Preventive Health & Health Services Block Grant

$1,210,877

$1,210,877

$1,210,877

$1,210,877

CFDA93.991

TOTAL PUBLIC FUNDS

$9,323,489

$9,323,489

$9,761,905

$9,761,905

Community Care Services Program

Continuation Budget

The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own

communities.

TOTAL STATE FUNDS

$50,458,653

$50,458,653

$50,458,653

$50,458,653

State General Funds

$46,266,847

$46,266,847

$46,266,847

$46,266,847

Tobacco Settlement Funds

$4,191,806

$4,191,806

$4,191,806

$4,191,806

TOTAL FEDERAL FUNDS

$9,894,353

$9,894,353

$9,894,353

$9,894,353

Medical Assistance Program CFDA93.778

$9,894,353

$9,894,353

$9,894,353

$9,894,353

TOTAL PUBLIC FUNDS

$60,353,006

$60,353,006

$60,353,006

$60,353,006

198. Community Care Services Program

Appropriation (HB1026)

The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own

communities.

TOTAL STATE FUNDS

$50,458,653

$50,458,653

$50,458,653

$50,458,653

State General Funds

$46,266,847

$46,266,847

$46,266,847

$46,266,847

Tobacco Settlement Funds

$4,191,806

$4,191,806

$4,191,806

$4,191,806

TOTAL FEDERAL FUNDS

$9,894,353

$9,894,353

$9,894,353

$9,894,353

Medical Assistance Program CFDA93.778

$9,894,353

$9,894,353

$9,894,353

$9,894,353

TOTAL PUBLIC FUNDS

$60,353,006

$60,353,006

$60,353,006

$60,353,006

Community Services - Adult

Continuation Budget

The purpose is to support adults with serious mental illness, developmental disabilities and addictive diseases in gaining the

skills to live independently in the community while avoiding the need for hospitalization.

TOTAL STATE FUNDS

$317,453,030 $317,453,030 $317,453,030 $317,453,030

State General Funds

$307,197,892 $307,197,892 $307,197,892 $307,197,892

Tobacco Settlement Funds

$10,255,138

$10,255,138

$10,255,138

$10,255,138

TOTAL FEDERAL FUNDS

$112,804,851 $112,804,851 $112,804,851 $112,804,851

Community Mental Health Services Block Grant

$7,474,598

$7,474,598

$7,474,598

$7,474,598

WEDNESDAY, MARCH 8, 2006

1673

Medical Assistance Program CFDA93.778

$17,873,979

$17,873,979

$17,873,979

$17,873,979

Prevention & Treatment of Substance Abuse Block Grant

$26,315,435

$26,315,435

$26,315,435

$26,315,435

CFDA93.959

Social Services Block Grant CFDA 93.667

$30,636,459

$30,636,459

$30,636,459

$30,636,459

Temporary Assistance for Needy Families

$30,504,380

$30,504,380

$30,504,380

$30,504,380

Temporary Assistance for Needy Families Block Grant

$27,016,392

$27,016,392

$27,016,392

$27,016,392

CFDA 93.558

TANF Transfers to Social Services Block Grant

$3,487,988

$3,487,988

$3,487,988

$3,487,988

TOTAL PUBLIC FUNDS

$430,257,881 $430,257,881 $430,257,881 $430,257,881

Statewide Changes

199.1 WC, GTA, and GBA

State General Funds

$467,193

$467,193

$467,193

$467,193

Changes in Operations / Administration

199.2 Transfer funds to the Department of Community Health Low Income Medicaid program to implement Georgia

Healthy Families which serves Medicaid clients who receive mental health services. (CC:Recognize delayed

implementation)

State General Funds

($2,025,041)

($2,025,041)

($2,025,041)

($675,014)

199.4 Reflect savings from a delayed start date for MR/DD provider rate increases.

State General Funds

($222,213)

($222,213)

($222,213)

Medical Assistance Program CFDA93.778

($184,553)

($184,553)

($184,553)

TOTAL PUBLIC FUNDS

($406,766)

($406,766)

($406,766)

Changes in the Size of the Program

199.3 Adjust funding for 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting

List added in the FY2006 General budget to account for an earlier implementation date.

State General Funds

$2,720,005

$2,720,005

$2,720,005

$2,720,005

Medical Assistance Program CFDA93.778

$4,158,695

$4,158,695

$4,158,695

$4,158,695

TOTAL PUBLIC FUNDS

$6,878,700

$6,878,700

$6,878,700

$6,878,700

199.5 Transfer to the Community Services- Child and Adolescent program to serve children.

TANF Transfers to Social Services Block Grant

($3,487,988)

($3,487,988)

199. Community Services - Adult

Appropriation (HB1026)

The purpose is to support adults with serious mental illness, developmental disabilities and addictive diseases in gaining the

1674

JOURNAL OF THE SENATE

skills to live independently in the community while avoiding the need for hospitalization.

TOTAL STATE FUNDS

$318,615,187 $318,392,974 $318,392,974 $319,743,001

State General Funds

$308,360,049 $308,137,836 $308,137,836 $309,487,863

Tobacco Settlement Funds

$10,255,138

$10,255,138

$10,255,138

$10,255,138

TOTAL FEDERAL FUNDS

$116,963,546 $116,778,993 $113,291,005 $113,291,005

Community Mental Health Services Block Grant

$7,474,598

$7,474,598

$7,474,598

$7,474,598

Medical Assistance Program CFDA93.778

$22,032,674

$21,848,121

$21,848,121

$21,848,121

Prevention & Treatment of Substance Abuse Block Grant

$26,315,435

$26,315,435

$26,315,435

$26,315,435

CFDA93.959

Social Services Block Grant CFDA 93.667

$30,636,459

$30,636,459

$30,636,459

$30,636,459

Temporary Assistance for Needy Families

$30,504,380

$30,504,380

$27,016,392

$27,016,392

Temporary Assistance for Needy Families Block Grant

$27,016,392

$27,016,392

$27,016,392

$27,016,392

CFDA 93.558

TANF Transfers to Social Services Block Grant

$3,487,988

$3,487,988

TOTAL PUBLIC FUNDS

$435,578,733 $435,171,967 $431,683,979 $433,034,006

Community Services - Child and Adolescent

Continuation Budget

The purpose is to help children and adolescents with serious emotional disturbances, developmental disabilities and

addictive diseases participate in everyday life in the community with family and friends to the fullest extent possible by

assisting them in gaining, keeping and improving community living skills.

TOTAL STATE FUNDS

$78,712,046

$78,712,046

$78,712,046

$78,712,046

State General Funds

$78,712,046

$78,712,046

$78,712,046

$78,712,046

TOTAL FEDERAL FUNDS

$22,950,333

$22,950,333

$22,950,333

$22,950,333

Community Mental Health Services Block Grant

$5,365,824

$5,365,824

$5,365,824

$5,365,824

Medical Assistance Program CFDA93.778

$3,131,597

$3,131,597

$3,131,597

$3,131,597

Prevention & Treatment of Substance Abuse Block Grant

$14,452,912

$14,452,912

$14,452,912

$14,452,912

CFDA93.959

TOTAL PUBLIC FUNDS

$101,662,379 $101,662,379 $101,662,379 $101,662,379

Statewide Changes

200.1 WC, GTA, and GBA

State General Funds

$119,707

$119,707

$119,707

$119,707

WEDNESDAY, MARCH 8, 2006

1675

Changes in Operations / Administration

200.3 Reflect savings from a delayed start date for MR/DD provider rate increases.

State General Funds

($45,513)

($45,513)

($45,513)

Medical Assistance Program CFDA93.778

($7,713)

($7,713)

($7,713)

TOTAL PUBLIC FUNDS

($53,226)

($53,226)

($53,226)

Changes in How the Program is Funded

200.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$2,486,456

$2,486,456

TOTAL PUBLIC FUNDS

$2,486,456

$2,486,456

Changes in the Size of the Program

200.2 Adjust funding for 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting

List added in the FY2006 General budget to account for an earlier implementation date.

State General Funds

$564,592

$564,592

$564,592

$564,592

Medical Assistance Program CFDA93.778

$859,531

$859,531

$859,531

$859,531

TOTAL PUBLIC FUNDS

$1,424,123

$1,424,123

$1,424,123

$1,424,123

200.5 Transfer from Community Services-Adult to serve children in community settings.

Temporary Assistance for Needy Families Block Grant CFDA

$3,487,988

$0

93.558

TANF Transfers to Social Services Block Grant

$3,487,988

TOTAL PUBLIC FUNDS

$3,487,988

200. Community Services - Child and Adolescent

Appropriation (HB1026)

The purpose is to help children and adolescents with serious emotional disturbances, developmental disabilities and

addictive diseases participate in everyday life in the community with family and friends to the fullest extent possible by

assisting them in gaining, keeping and improving community living skills.

TOTAL STATE FUNDS

$79,396,345

$79,350,832

$79,350,832

$79,350,832

State General Funds

$79,396,345

$79,350,832

$79,350,832

$79,350,832

TOTAL FEDERAL FUNDS

$23,809,864

$23,802,151

$29,776,595

$29,776,595

Community Mental Health Services Block Grant

$5,365,824

$5,365,824

$5,365,824

$5,365,824

Federal Funds Not Itemized

$2,486,456

$2,486,456

Medical Assistance Program CFDA93.778

$3,991,128

$3,983,415

$3,983,415

$3,983,415

1676

JOURNAL OF THE SENATE

Prevention & Treatment of Substance Abuse Block Grant

$14,452,912

$14,452,912

$14,452,912

$14,452,912

CFDA93.959

Temporary Assistance for Needy Families

$3,487,988

$3,487,988

Temporary Assistance for Needy Families Block Grant

$3,487,988

CFDA 93.558

TANF Transfers to Social Services Block Grant

$3,487,988

TOTAL PUBLIC FUNDS

$103,206,209 $103,152,983 $109,127,427 $109,127,427

Contracted Client Transportation Services

Continuation Budget

The purpose is to provide essential transportation services in a safe, efficient and responsive manner.

TOTAL STATE FUNDS

$4,172,324

$4,172,324

$4,172,324

$4,172,324

State General Funds

$4,172,324

$4,172,324

$4,172,324

$4,172,324

TOTAL FEDERAL FUNDS

$24,898,482

$24,898,482

$24,898,482

$24,898,482

Federal Funds Not Itemized

$6,744,243

$6,744,243

$6,744,243

$6,744,243

Social Services Block Grant CFDA 93.667

$9,687,026

$9,687,026

$9,687,026

$9,687,026

Temporary Assistance for Needy Families

$8,467,213

$8,467,213

$8,467,213

$8,467,213

Temporary Assistance for Needy Families Block Grant

$8,467,213

$8,467,213

$8,467,213

$8,467,213

CFDA 93.558

TOTAL PUBLIC FUNDS

$29,070,806

$29,070,806

$29,070,806

$29,070,806

Changes in How the Program is Funded

201.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Sales and Services Not Itemized

$3,264,236

$3,264,236

201. Contracted Client Transportation Services

Appropriation (HB1026)

The purpose is to provide essential transportation services in a safe, efficient and responsive manner.

TOTAL STATE FUNDS

$4,172,324

$4,172,324

$4,172,324

State General Funds

$4,172,324

$4,172,324

$4,172,324

TOTAL FEDERAL FUNDS

$24,898,482

$24,898,482

$24,898,482

Federal Funds Not Itemized

$6,744,243

$6,744,243

$6,744,243

Social Services Block Grant CFDA 93.667

$9,687,026

$9,687,026

$9,687,026

Temporary Assistance for Needy Families

$8,467,213

$8,467,213

$8,467,213

$4,172,324 $4,172,324 $24,898,482 $6,744,243 $9,687,026 $8,467,213

WEDNESDAY, MARCH 8, 2006

1677

Temporary Assistance for Needy Families Block Grant

$8,467,213

$8,467,213

$8,467,213

CFDA 93.558

TOTAL AGENCY FUNDS

$3,264,236

Sales and Services

$3,264,236

Sales and Services Not Itemized

$3,264,236

TOTAL PUBLIC FUNDS

$29,070,806

$29,070,806

$32,335,042

Departmental Administration

Continuation Budget

The purpose is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS

$84,985,533

$84,985,533

$84,985,533

State General Funds

$84,654,193

$84,654,193

$84,654,193

Tobacco Settlement Funds

$331,340

$331,340

$331,340

TOTAL FEDERAL FUNDS

$78,206,511

$78,206,511

$78,206,511

Federal Funds Not Itemized

$2

$2

$2

Low-Income Home Energy Assistance CFDA93.568

$346,557

$346,557

$346,557

Medical Assistance Program CFDA93.778

$67,960,097

$67,960,097

$67,960,097

Preventive Health & Health Services Block Grant

$31,070

$31,070

$31,070

Social Services Block Grant CFDA 93.667

$265,446

$265,446

$265,446

Temporary Assistance for Needy Families

$9,603,339

$9,603,339

$9,603,339

Temporary Assistance for Needy Families Block Grant

$9,603,339

$9,603,339

$9,603,339

CFDA 93.558

TOTAL AGENCY FUNDS

$5,872,044

$5,872,044

$5,872,044

Sales and Services

$5,872,044

$5,872,044

$5,872,044

Sales and Services Not Itemized

$5,872,044

$5,872,044

$5,872,044

TOTAL PUBLIC FUNDS

$169,064,088 $169,064,088 $169,064,088

Statewide Changes

202.1 WC, GTA, and GBA

State General Funds

$1,083,150

$1,083,150

$1,083,150

Foster Care Title IV-E CFDA93.658

$250,000

$250,000

$250,000

Medical Assistance Program CFDA93.778

$259,500

$259,500

$259,500

TOTAL PUBLIC FUNDS

$1,592,650

$1,592,650

$1,592,650

Changes in Operations / Administration

$8,467,213
$3,264,236 $3,264,236 $3,264,236 $32,335,042
$84,985,533 $84,654,193
$331,340 $78,206,511
$2 $346,557 $67,960,097
$31,070 $265,446 $9,603,339 $9,603,339
$5,872,044 $5,872,044 $5,872,044 $169,064,088
$1,083,150 $250,000 $259,500
$1,592,650

1678

JOURNAL OF THE SENATE

202.2 Transfer from the Adult Protective Services program to provide for appropriate segregation of duties for

guardianship activities.

State General Funds

$250,000

$250,000

$250,000

$250,000

One-Time Expense

202.3 Provide funding for the implementation of the Statewide Automated Child Welfare Information System.

State General Funds

$14,000,000

$14,000,000

$14,000,000

$14,000,000

Foster Care Title IV-E CFDA93.658

$14,000,000

$14,000,000

$14,000,000

$14,000,000

TOTAL PUBLIC FUNDS

$28,000,000

$28,000,000

$28,000,000

$28,000,000

202.8 Transfer funds to cover deficit in state hospitals.

State General Funds

($6,000,000)

$0

Changes in How the Program is Funded

202.4 Reclassify agency funds as federal funds.

Child Care & Development Block Grant CFDA93.575

$1,567,230

$1,567,230

$1,567,230

$1,567,230

Federal Funds Not Itemized

$286,180

$286,180

$286,180

$286,180

Foster Care Title IV-E CFDA93.658

$7,722,366

$7,722,366

$7,722,366

$7,722,366

Medical Assistance Program CFDA93.778

($9,340,335)

($9,340,335)

($9,340,335)

($9,340,335)

Social Services Block Grant CFDA 93.667

$2,000

$2,000

$2,000

$2,000

Temporary Assistance for Needy Families Block Grant CFDA

$640,309

$640,309

$0

$0

93.558

Sales and Services Not Itemized

($877,750)

($877,750)

($237,441)

($237,441)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

202.5 Provide state funds to replace previously contributed county funds for the issuance cost of the Electronic Benefit

Transfer card services.

State General Funds

$2,200,000

$2,200,000

$2,200,000

$2,200,000

Federal Funds Not Itemized

$65,633

$65,633

$65,633

$65,633

Medical Assistance Program CFDA93.778

$290,104

$290,104

Temporary Assistance for Needy Families Block Grant CFDA

$290,104

$290,104

$0

93.558

Sales and Services Not Itemized

$0

$0

$0

$0

TOTAL PUBLIC FUNDS

$2,555,737

$2,555,737

$2,555,737

$2,555,737

202.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

WEDNESDAY, MARCH 8, 2006

1679

that support current operations.

Federal Funds Not Itemized

$43,912,438

Medical Assistance Program CFDA93.778

($42,759,465)

TOTAL PUBLIC FUNDS

$1,152,973

Changes in the Size of the Program

202.7 Adjust administration of the TANF program to SFY 2005 levels.

Social Services Block Grant CFDA 93.667

($265,446)

Temporary Assistance for Needy Families Block Grant CFDA

$3,600,000

93.558

TOTAL PUBLIC FUNDS

$3,334,554

202. Departmental Administration

Appropriation (HB1026)

The purpose is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS

$102,518,683 $102,518,683

$96,518,683

State General Funds

$102,187,343 $102,187,343

$96,187,343

Tobacco Settlement Funds

$331,340

$331,340

$331,340

TOTAL FEDERAL FUNDS

$93,949,498

$93,949,498

$97,796,716

Child Care & Development Block Grant CFDA93.575

$1,567,230

$1,567,230

$1,567,230

Federal Funds Not Itemized

$351,815

$351,815

$44,264,253

Foster Care Title IV-E CFDA93.658

$21,972,366

$21,972,366

$21,972,366

Low-Income Home Energy Assistance CFDA93.568

$346,557

$346,557

$346,557

Medical Assistance Program CFDA93.778

$58,879,262

$58,879,262

$16,409,901

Preventive Health & Health Services Block Grant

$31,070

$31,070

$31,070

CFDA93.991

Social Services Block Grant CFDA 93.667

$267,446

$267,446

$2,000

Temporary Assistance for Needy Families

$10,533,752

$10,533,752

$13,203,339

Temporary Assistance for Needy Families Block Grant

$10,533,752

$10,533,752

$13,203,339

CFDA 93.558

TOTAL AGENCY FUNDS

$4,994,294

$4,994,294

$5,634,603

Sales and Services

$4,994,294

$4,994,294

$5,634,603

Sales and Services Not Itemized

$4,994,294

$4,994,294

$5,634,603

TOTAL PUBLIC FUNDS

$201,462,475 $201,462,475 $199,950,002

$43,912,438 ($42,759,465)
$1,152,973
($265,446) $3,600,000
$3,334,554
$102,518,683 $102,187,343
$331,340 $97,796,716
$1,567,230 $44,264,253 $21,972,366
$346,557 $16,409,901
$31,070
$2,000 $13,203,339 $13,203,339
$5,634,603 $5,634,603 $5,634,603 $205,950,002

1680

JOURNAL OF THE SENATE

Elder Abuse and Fraud Prevention

Continuation Budget

The purpose is to heighten awareness of abuse of older individuals in community settings and to provide or facilitate access

to programs and services for victims.

TOTAL STATE FUNDS

$4,744

$4,744

$4,744

$4,744

State General Funds

$4,744

$4,744

$4,744

$4,744

TOTAL FEDERAL FUNDS

$95,389

$95,389

$95,389

$95,389

Federal Funds Not Itemized

$95,389

$95,389

$95,389

$95,389

TOTAL PUBLIC FUNDS

$100,133

$100,133

$100,133

$100,133

203. Elder Abuse and Fraud Prevention

Appropriation (HB1026)

The purpose is to heighten awareness of abuse of older individuals in community settings and to provide or facilitate access

to programs and services for victims.

TOTAL STATE FUNDS

$4,744

$4,744

$4,744

$4,744

State General Funds

$4,744

$4,744

$4,744

$4,744

TOTAL FEDERAL FUNDS

$95,389

$95,389

$95,389

$95,389

Federal Funds Not Itemized

$95,389

$95,389

$95,389

$95,389

TOTAL PUBLIC FUNDS

$100,133

$100,133

$100,133

$100,133

Emergency Preparedness/Bioterrorism

Continuation Budget

The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies.

TOTAL STATE FUNDS

$2,566,602

$2,566,602

$2,566,602

$2,566,602

State General Funds

$2,566,602

$2,566,602

$2,566,602

$2,566,602

TOTAL PUBLIC FUNDS

$2,566,602

$2,566,602

$2,566,602

$2,566,602

Statewide Changes

204.1 WC, GTA, and GBA

State General Funds

$4,693

$4,693

$4,693

$4,693

Changes in How the Program is Funded

204.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$30,779,504

$30,779,504

TOTAL PUBLIC FUNDS

$30,779,504

$30,779,504

204. Emergency Preparedness/Bioterrorism

Appropriation (HB1026)

The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies.

WEDNESDAY, MARCH 8, 2006

1681

TOTAL STATE FUNDS

$2,571,295

$2,571,295

$2,571,295

State General Funds

$2,571,295

$2,571,295

$2,571,295

TOTAL FEDERAL FUNDS

$30,779,504

Federal Funds Not Itemized

$30,779,504

TOTAL PUBLIC FUNDS

$2,571,295

$2,571,295

$33,350,799

Energy Assistance

Continuation Budget

The purpose is to assist low-income households in meeting their immediate home energy needs.

TOTAL STATE FUNDS

$747,816

$747,816

$747,816

State General Funds

$747,816

$747,816

$747,816

TOTAL FEDERAL FUNDS

$18,583,415

$18,583,415

$18,583,415

Low-Income Home Energy Assistance CFDA93.568

$18,583,415

$18,583,415

$18,583,415

TOTAL AGENCY FUNDS

$40,269

$40,269

$40,269

Sales and Services

$40,269

$40,269

$40,269

Sales and Services Not Itemized

$40,269

$40,269

$40,269

TOTAL PUBLIC FUNDS

$19,371,500

$19,371,500

$19,371,500

Changes in How the Program is Funded

205.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Low-Income Home Energy Assistance CFDA93.568

$40,269

$40,269

$40,269

Sales and Services Not Itemized

($40,269)

($40,269)

($40,269)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

205.2 Provide funds for energy assistance.

State General Funds

$4,150,000

$4,150,000

$4,150,000

205. Energy Assistance

Appropriation (HB1026)

The purpose is to assist low-income households in meeting their immediate home energy needs.

TOTAL STATE FUNDS

$4,897,816

$4,897,816

$4,897,816

State General Funds

$4,897,816

$4,897,816

$4,897,816

TOTAL FEDERAL FUNDS

$18,623,684

$18,623,684

$18,623,684

Low-Income Home Energy Assistance CFDA93.568

$18,623,684

$18,623,684

$18,623,684

TOTAL PUBLIC FUNDS

$23,521,500

$23,521,500

$23,521,500

$2,571,295 $2,571,295 $30,779,504 $30,779,504 $33,350,799
$747,816 $747,816 $18,583,415 $18,583,415
$40,269 $40,269 $40,269 $19,371,500
$40,269 ($40,269)
$0
$4,150,000
$4,897,816 $4,897,816 $18,623,684 $18,623,684 $23,521,500

1682

JOURNAL OF THE SENATE

Epidemiology

Continuation Budget

The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern

in Georgia.

TOTAL STATE FUNDS

$4,705,651

$4,705,651

$4,705,651

$4,705,651

State General Funds

$4,590,014

$4,590,014

$4,590,014

$4,590,014

Tobacco Settlement Funds

$115,637

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$372,341

$372,341

$372,341

$372,341

Federal Funds Not Itemized

$15,631

$15,631

$15,631

$15,631

Medical Assistance Program CFDA93.778

$159,960

$159,960

$159,960

$159,960

Preventive Health & Health Services Block Grant

$196,750

$196,750

$196,750

$196,750

TOTAL PUBLIC FUNDS

$5,077,992

$5,077,992

$5,077,992

$5,077,992

Statewide Changes

206.1 WC, GTA, and GBA

State General Funds

$2,596

$2,596

$2,596

$2,596

Changes in How the Program is Funded

206.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$2,140,087

$2,140,087

TOTAL PUBLIC FUNDS

$2,140,087

$2,140,087

206. Epidemiology

Appropriation (HB1026)

The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern

in Georgia.

TOTAL STATE FUNDS

$4,708,247

$4,708,247

$4,708,247

$4,708,247

State General Funds

$4,592,610

$4,592,610

$4,592,610

$4,592,610

Tobacco Settlement Funds

$115,637

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$372,341

$372,341

$2,512,428

$2,512,428

Federal Funds Not Itemized

$15,631

$15,631

$2,155,718

$2,155,718

Medical Assistance Program CFDA93.778

$159,960

$159,960

$159,960

$159,960

Preventive Health & Health Services Block Grant

$196,750

$196,750

$196,750

$196,750

CFDA93.991

TOTAL PUBLIC FUNDS

$5,080,588

$5,080,588

$7,220,675

$7,220,675

WEDNESDAY, MARCH 8, 2006

1683

Family Connection

Continuation Budget

The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and

families.

TOTAL STATE FUNDS

$9,130,281

$9,130,281

$9,130,281

$9,130,281

State General Funds

$9,130,281

$9,130,281

$9,130,281

$9,130,281

TOTAL FEDERAL FUNDS

$1,475,000

$1,475,000

$1,475,000

$1,475,000

Medical Assistance Program CFDA93.778

$275,000

$275,000

$275,000

$275,000

Temporary Assistance for Needy Families

$1,200,000

$1,200,000

$1,200,000

$1,200,000

Temporary Assistance for Needy Families Block Grant

$1,200,000

$1,200,000

$1,200,000

$1,200,000

CFDA 93.558

TOTAL PUBLIC FUNDS

$10,605,281

$10,605,281

$10,605,281

$10,605,281

207. Family Connection

Appropriation (HB1026)

The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and

families.

TOTAL STATE FUNDS

$9,130,281

$9,130,281

$9,130,281

$9,130,281

State General Funds

$9,130,281

$9,130,281

$9,130,281

$9,130,281

TOTAL FEDERAL FUNDS

$1,475,000

$1,475,000

$1,475,000

$1,475,000

Medical Assistance Program CFDA93.778

$275,000

$275,000

$275,000

$275,000

Temporary Assistance for Needy Families

$1,200,000

$1,200,000

$1,200,000

$1,200,000

Temporary Assistance for Needy Families Block Grant

$1,200,000

$1,200,000

$1,200,000

$1,200,000

CFDA 93.558

TOTAL PUBLIC FUNDS

$10,605,281

$10,605,281

$10,605,281

$10,605,281

Family Violence Services

Continuation Budget

The purpose is to provide safe shelter and related services for victims of family violence and their dependents.

TOTAL STATE FUNDS

$4,701,950

$4,701,950

$4,701,950

State General Funds

$4,701,950

$4,701,950

$4,701,950

TOTAL FEDERAL FUNDS

$3,845,813

$3,845,813

$3,845,813

Federal Funds Not Itemized

$122

$122

$122

Foster Care Title IV-E CFDA93.658

$280,447

$280,447

$280,447

Temporary Assistance for Needy Families

$3,565,244

$3,565,244

$3,565,244

$4,701,950 $4,701,950 $3,845,813
$122 $280,447 $3,565,244

1684

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant

$3,565,244

$3,565,244

$3,565,244

CFDA 93.558

TOTAL AGENCY FUNDS

$3,617

$3,617

$3,617

Sales and Services

$3,617

$3,617

$3,617

Sales and Services Not Itemized

$3,617

$3,617

$3,617

TOTAL PUBLIC FUNDS

$8,551,380

$8,551,380

$8,551,380

Changes in Operations / Administration

208.2 Add funds to bring up to SFY 2005 cost levels.

Temporary Assistance for Needy Families Block Grant CFDA

$1,500,000

93.558

Changes in How the Program is Funded

208.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Federal Funds Not Itemized

$284,064

$284,064

$284,064

Foster Care Title IV-E CFDA93.658

($280,447)

($280,447)

($280,447)

Sales and Services Not Itemized

($3,617)

($3,617)

($3,617)

TOTAL PUBLIC FUNDS

$0

$0

$0

208. Family Violence Services

Appropriation (HB1026)

The purpose is to provide safe shelter and related services for victims of family violence and their dependents.

TOTAL STATE FUNDS

$4,701,950

$4,701,950

$4,701,950

State General Funds

$4,701,950

$4,701,950

$4,701,950

TOTAL FEDERAL FUNDS

$3,849,430

$3,849,430

$5,349,430

Federal Funds Not Itemized

$284,186

$284,186

$284,186

Temporary Assistance for Needy Families

$3,565,244

$3,565,244

$5,065,244

Temporary Assistance for Needy Families Block Grant

$3,565,244

$3,565,244

$5,065,244

CFDA 93.558

TOTAL PUBLIC FUNDS

$8,551,380

$8,551,380

$10,051,380

Food Stamp Program

Continuation Budget

The purpose is to promote the nutritional well being of Georgia's low-income families and children.

TOTAL STATE FUNDS

$23,551,409

$23,551,409

$23,551,409

State General Funds

$23,551,409

$23,551,409

$23,551,409

TOTAL FEDERAL FUNDS

$27,568,389

$27,568,389

$27,568,389

$3,565,244
$3,617 $3,617 $3,617 $8,551,380
$1,500,000
$284,064 ($280,447)
($3,617) $0
$4,701,950 $4,701,950 $5,349,430
$284,186 $5,065,244 $5,065,244
$10,051,380
$23,551,409 $23,551,409 $27,568,389

WEDNESDAY, MARCH 8, 2006

1685

Federal Funds Not Itemized

$25,663,448

$25,663,448

$25,663,448

$25,663,448

Foster Care Title IV-E CFDA93.658

$1,904,941

$1,904,941

$1,904,941

$1,904,941

TOTAL AGENCY FUNDS

$2,125,153

$2,125,153

$2,125,153

$2,125,153

Sales and Services

$2,125,153

$2,125,153

$2,125,153

$2,125,153

Sales and Services Not Itemized

$2,125,153

$2,125,153

$2,125,153

$2,125,153

TOTAL PUBLIC FUNDS

$53,244,951

$53,244,951

$53,244,951

$53,244,951

Changes in Operations / Administration

209.1 Transfer federal funds from the Support for Needy Families - Administration and Family Assistance program to

reflect direct client services.

Federal Funds Not Itemized

$8,501,040

$8,501,040

$8,501,040

$8,501,040

One-Time Expense

209.2 Provide funds to replace outdated information technology equipment.

State General Funds

$112,050

$112,050

$112,050

$112,050

Federal Funds Not Itemized

$101,250

$101,250

$101,250

$101,250

TOTAL PUBLIC FUNDS

$213,300

$213,300

$213,300

$213,300

Changes in How the Program is Funded

209.3 Supplant Medicaid Patient Pay Agency funds with federal funds.

Federal Funds Not Itemized

$2,125,153

$2,125,153

$2,125,153

$2,125,153

Sales and Services Not Itemized

($2,125,153)

($2,125,153)

($2,125,153)

($2,125,153)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

209. Food Stamp Program

Appropriation (HB1026)

The purpose is to promote the nutritional well being of Georgia's low-income families and children.

TOTAL STATE FUNDS

$23,663,459

$23,663,459

$23,663,459

$23,663,459

State General Funds

$23,663,459

$23,663,459

$23,663,459

$23,663,459

TOTAL FEDERAL FUNDS

$38,295,832

$38,295,832

$38,295,832

$38,295,832

Federal Funds Not Itemized

$36,390,891

$36,390,891

$36,390,891

$36,390,891

Foster Care Title IV-E CFDA93.658

$1,904,941

$1,904,941

$1,904,941

$1,904,941

TOTAL PUBLIC FUNDS

$61,959,291

$61,959,291

$61,959,291

$61,959,291

Health Promotion and Disease Prevention (Wellness)

Continuation Budget

The purpose is to improve or maintain the functional ability and health status of elderly Georgians.

1686

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$480,015

$480,015

$480,015

$480,015

Federal Funds Not Itemized

$480,015

$480,015

$480,015

$480,015

TOTAL PUBLIC FUNDS

$480,015

$480,015

$480,015

$480,015

210. Health Promotion and Disease Prevention (Wellness)

Appropriation (HB1026)

The purpose is to improve or maintain the functional ability and health status of elderly Georgians.

TOTAL FEDERAL FUNDS

$480,015

$480,015

$480,015

$480,015

Federal Funds Not Itemized

$480,015

$480,015

$480,015

$480,015

TOTAL PUBLIC FUNDS

$480,015

$480,015

$480,015

$480,015

High Risk Pregnant Women and Infants

Continuation Budget

The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as

possible in their pregnancy.

TOTAL STATE FUNDS

$5,000,049

$5,000,049

$5,000,049

$5,000,049

State General Funds

$5,000,049

$5,000,049

$5,000,049

$5,000,049

TOTAL FEDERAL FUNDS

$130,000

$130,000

$130,000

$130,000

Maternal & Child Health Services Block Grant CFDA93.994

$130,000

$130,000

$130,000

$130,000

TOTAL PUBLIC FUNDS

$5,130,049

$5,130,049

$5,130,049

$5,130,049

211. High Risk Pregnant Women and Infants

Appropriation (HB1026)

The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as

possible in their pregnancy.

TOTAL STATE FUNDS

$5,000,049

$5,000,049

$5,000,049

$5,000,049

State General Funds

$5,000,049

$5,000,049

$5,000,049

$5,000,049

TOTAL FEDERAL FUNDS

$130,000

$130,000

$130,000

$130,000

Maternal & Child Health Services Block Grant CFDA93.994

$130,000

$130,000

$130,000

$130,000

TOTAL PUBLIC FUNDS

$5,130,049

$5,130,049

$5,130,049

$5,130,049

HIV/AIDS

Continuation Budget

The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease.

TOTAL STATE FUNDS

$18,002,128

$18,002,128

$18,002,128

$18,002,128

State General Funds

$16,775,461

$16,775,461

$16,775,461

$16,775,461

Tobacco Settlement Funds

$1,226,667

$1,226,667

$1,226,667

$1,226,667

TOTAL FEDERAL FUNDS

$6,879,211

$6,879,211

$6,879,211

$6,879,211

Federal Funds Not Itemized

$6,795,345

$6,795,345

$6,795,345

$6,795,345

WEDNESDAY, MARCH 8, 2006

1687

Maternal & Child Health Services Block Grant CFDA93.994

$83,866

$83,866

$83,866

$83,866

TOTAL PUBLIC FUNDS

$24,881,339

$24,881,339

$24,881,339

$24,881,339

Changes in How the Program is Funded

212.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$31,201,915

$31,201,915

TOTAL PUBLIC FUNDS

$31,201,915

$31,201,915

212. HIV/AIDS

Appropriation (HB1026)

The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease.

TOTAL STATE FUNDS

$18,002,128

$18,002,128

$18,002,128

$18,002,128

State General Funds

$16,775,461

$16,775,461

$16,775,461

$16,775,461

Tobacco Settlement Funds

$1,226,667

$1,226,667

$1,226,667

$1,226,667

TOTAL FEDERAL FUNDS

$6,879,211

$6,879,211

$38,081,126

$38,081,126

Federal Funds Not Itemized

$6,795,345

$6,795,345

$37,997,260

$37,997,260

Maternal & Child Health Services Block Grant CFDA93.994

$83,866

$83,866

$83,866

$83,866

TOTAL PUBLIC FUNDS

$24,881,339

$24,881,339

$56,083,254

$56,083,254

Home and Community Based Services

Continuation Budget

The purpose is to support and assist older Georgians so that they may live in their homes and communities.

TOTAL STATE FUNDS

$23,126,355

$23,126,355

$23,126,355

$23,126,355

State General Funds

$19,317,769

$19,317,769

$19,317,769

$19,317,769

Tobacco Settlement Funds

$3,808,586

$3,808,586

$3,808,586

$3,808,586

TOTAL FEDERAL FUNDS

$29,077,234

$29,077,234

$29,077,234

$29,077,234

Federal Funds Not Itemized

$25,290,804

$25,290,804

$25,290,804

$25,290,804

Social Services Block Grant CFDA 93.667

$3,786,430

$3,786,430

$3,786,430

$3,786,430

TOTAL PUBLIC FUNDS

$52,203,589

$52,203,589

$52,203,589

$52,203,589

Changes in How the Program is Funded

213.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$56,575

$56,575

213. Home and Community Based Services

Appropriation (HB1026)

The purpose is to support and assist older Georgians so that they may live in their homes and communities.

1688

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$23,126,355

$23,126,355

$23,126,355

$23,126,355

State General Funds

$19,317,769

$19,317,769

$19,317,769

$19,317,769

Tobacco Settlement Funds

$3,808,586

$3,808,586

$3,808,586

$3,808,586

TOTAL FEDERAL FUNDS

$29,077,234

$29,077,234

$29,133,809

$29,133,809

Federal Funds Not Itemized

$25,290,804

$25,290,804

$25,347,379

$25,347,379

Social Services Block Grant CFDA 93.667

$3,786,430

$3,786,430

$3,786,430

$3,786,430

TOTAL PUBLIC FUNDS

$52,203,589

$52,203,589

$52,260,164

$52,260,164

Immunization

Continuation Budget

The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$9,022,926

$9,022,926

$9,022,926

$9,022,926

State General Funds

$9,022,926

$9,022,926

$9,022,926

$9,022,926

TOTAL FEDERAL FUNDS

$8,769,874

$8,769,874

$8,769,874

$8,769,874

Federal Funds Not Itemized

$1,303,416

$1,303,416

$1,303,416

$1,303,416

Maternal & Child Health Services Block Grant CFDA93.994

$6,762,746

$6,762,746

$6,762,746

$6,762,746

Preventive Health & Health Services Block Grant

$703,712

$703,712

$703,712

$703,712

TOTAL PUBLIC FUNDS

$17,792,800

$17,792,800

$17,792,800

$17,792,800

Statewide Changes

214.1 WC, GTA, and GBA

State General Funds

$28,989

$28,989

$28,989

$28,989

Changes in How the Program is Funded

214.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$3,122,161

$3,122,161

214. Immunization

Appropriation (HB1026)

The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$9,051,915

$9,051,915

$9,051,915

State General Funds

$9,051,915

$9,051,915

$9,051,915

TOTAL FEDERAL FUNDS

$8,769,874

$8,769,874

$11,892,035

Federal Funds Not Itemized

$1,303,416

$1,303,416

$4,425,577

Maternal & Child Health Services Block Grant CFDA93.994

$6,762,746

$6,762,746

$6,762,746

$9,051,915 $9,051,915 $11,892,035 $4,425,577 $6,762,746

WEDNESDAY, MARCH 8, 2006

1689

Preventive Health & Health Services Block Grant

$703,712

$703,712

$703,712

$703,712

CFDA93.991

TOTAL PUBLIC FUNDS

$17,821,789

$17,821,789

$20,943,950

$20,943,950

Independent and Transitional Living Services

Continuation Budget

The purpose is to provide a systematic approach for transitioning eligible youth in foster care.

TOTAL STATE FUNDS

$629,235

$629,235

$629,235

$629,235

State General Funds

$629,235

$629,235

$629,235

$629,235

TOTAL FEDERAL FUNDS

$3,675,208

$3,675,208

$3,675,208

$3,675,208

Federal Funds Not Itemized

$1,593,827

$1,593,827

$1,593,827

$1,593,827

Foster Care Title IV-E CFDA93.658

$2,081,381

$2,081,381

$2,081,381

$2,081,381

TOTAL AGENCY FUNDS

$160,495

$160,495

$160,495

$160,495

Sales and Services

$160,495

$160,495

$160,495

$160,495

Sales and Services Not Itemized

$160,495

$160,495

$160,495

$160,495

TOTAL PUBLIC FUNDS

$4,464,938

$4,464,938

$4,464,938

$4,464,938

Changes in How the Program is Funded

215.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Federal Funds Not Itemized

$160,495

$160,495

$160,495

$160,495

Sales and Services Not Itemized

($160,495)

($160,495)

($160,495)

($160,495)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

215. Independent and Transitional Living Services

Appropriation (HB1026)

The purpose is to provide a systematic approach for transitioning eligible youth in foster care.

TOTAL STATE FUNDS

$629,235

$629,235

$629,235

$629,235

State General Funds

$629,235

$629,235

$629,235

$629,235

TOTAL FEDERAL FUNDS

$3,835,703

$3,835,703

$3,835,703

$3,835,703

Federal Funds Not Itemized

$1,754,322

$1,754,322

$1,754,322

$1,754,322

Foster Care Title IV-E CFDA93.658

$2,081,381

$2,081,381

$2,081,381

$2,081,381

TOTAL PUBLIC FUNDS

$4,464,938

$4,464,938

$4,464,938

$4,464,938

Infant and Child Health Services

Continuation Budget

The purpose is to provide leadership and resources to communities to improve the health and well being of infants and

children and their families.

TOTAL STATE FUNDS

$15,069,179

$15,069,179

$15,069,179

$15,069,179

1690

JOURNAL OF THE SENATE

State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant TOTAL PUBLIC FUNDS

$13,069,179 $2,000,000 $7,378,280
$254,938 $1,370,688 $5,383,258
$369,396 $22,447,459

$13,069,179 $2,000,000 $7,378,280 $254,938 $1,370,688 $5,383,258 $369,396
$22,447,459

$13,069,179 $2,000,000 $7,378,280
$254,938 $1,370,688 $5,383,258
$369,396 $22,447,459

$13,069,179 $2,000,000 $7,378,280 $254,938 $1,370,688 $5,383,258 $369,396
$22,447,459

216. Infant and Child Health Services

Appropriation (HB1026)

The purpose is to provide leadership and resources to communities to improve the health and well being of infants and

children and their families.

TOTAL STATE FUNDS

$15,069,179

$15,069,179

$15,069,179

$15,069,179

State General Funds

$13,069,179

$13,069,179

$13,069,179

$13,069,179

Tobacco Settlement Funds

$2,000,000

$2,000,000

$2,000,000

$2,000,000

TOTAL FEDERAL FUNDS

$7,378,280

$7,378,280

$7,378,280

$7,378,280

Federal Funds Not Itemized

$254,938

$254,938

$254,938

$254,938

Maternal & Child Health Services Block Grant CFDA93.994

$1,370,688

$1,370,688

$1,370,688

$1,370,688

Medical Assistance Program CFDA93.778

$5,383,258

$5,383,258

$5,383,258

$5,383,258

Preventive Health & Health Services Block Grant

$369,396

$369,396

$369,396

$369,396

CFDA93.991

TOTAL PUBLIC FUNDS

$22,447,459

$22,447,459

$22,447,459

$22,447,459

Injury Prevention

Continuation Budget

The purpose is to reduce injury-related morbidity and mortality through building injury surveillance systems to guide data-

based decision making and strategic planning, building coalitions.

TOTAL STATE FUNDS

$277,393

$277,393

$277,393

$277,393

State General Funds

$277,393

$277,393

$277,393

$277,393

TOTAL FEDERAL FUNDS

$112,005

$112,005

$112,005

$112,005

Preventive Health & Health Services Block Grant

$112,005

$112,005

$112,005

$112,005

TOTAL PUBLIC FUNDS

$389,398

$389,398

$389,398

$389,398

WEDNESDAY, MARCH 8, 2006

1691

Changes in How the Program is Funded

217.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$964,782

$964,782

TOTAL PUBLIC FUNDS

$964,782

$964,782

217. Injury Prevention

Appropriation (HB1026)

The purpose is to reduce injury-related morbidity and mortality through building injury surveillance systems to guide data-

based decision making and strategic planning, building coalitions.

TOTAL STATE FUNDS

$277,393

$277,393

$277,393

$277,393

State General Funds

$277,393

$277,393

$277,393

$277,393

TOTAL FEDERAL FUNDS

$112,005

$112,005

$1,076,787

$1,076,787

Federal Funds Not Itemized

$964,782

$964,782

Preventive Health & Health Services Block Grant

$112,005

$112,005

$112,005

$112,005

CFDA93.991

TOTAL PUBLIC FUNDS

$389,398

$389,398

$1,354,180

$1,354,180

Laboratory Services

Continuation Budget

The purpose is to provide clinical and environmental testing necessary for public health programs, to assist in controlling

infectious diseases and to identify conditions such as metabolic diseases and disorders.

TOTAL STATE FUNDS

$10,179,952

$10,179,952

$10,179,952

$10,179,952

State General Funds

$10,179,952

$10,179,952

$10,179,952

$10,179,952

TOTAL FEDERAL FUNDS

$546,104

$546,104

$546,104

$546,104

Medical Assistance Program CFDA93.778

$546,104

$546,104

$546,104

$546,104

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$10,876,056

$10,876,056

$10,876,056

$10,876,056

Changes in Operations / Administration

218.1 Reduce funding due to the delayed opening of the public health laboratory in Waycross.

State General Funds

($685,735)

($685,735)

($685,735)

($685,735)

Changes in How the Program is Funded

218.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

1692

JOURNAL OF THE SENATE

that support current operations.

Federal Funds Not Itemized

$75,438

$75,438

218. Laboratory Services

Appropriation (HB1026)

The purpose is to provide clinical and environmental testing necessary for public health programs, to assist in controlling

infectious diseases and to identify conditions such as metabolic diseases and disorders.

TOTAL STATE FUNDS

$9,494,217

$9,494,217

$9,494,217

$9,494,217

State General Funds

$9,494,217

$9,494,217

$9,494,217

$9,494,217

TOTAL FEDERAL FUNDS

$546,104

$546,104

$621,542

$621,542

Federal Funds Not Itemized

$75,438

$75,438

Medical Assistance Program CFDA93.778

$546,104

$546,104

$546,104

$546,104

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$10,190,321

$10,190,321

$10,265,759

$10,265,759

Medicaid Eligibility Determination

Continuation Budget

The purpose is to promote access to health care for low income families, children, and pregnant women.

TOTAL STATE FUNDS

$25,683,414

$25,683,414

$25,683,414

$25,683,414

State General Funds

$25,683,414

$25,683,414

$25,683,414

$25,683,414

TOTAL FEDERAL FUNDS

$22,668,459

$22,668,459

$22,668,459

$22,668,459

Medical Assistance Program CFDA93.778

$22,668,459

$22,668,459

$22,668,459

$22,668,459

TOTAL AGENCY FUNDS

$1,709,341

$1,709,341

$1,709,341

$1,709,341

Sales and Services

$1,709,341

$1,709,341

$1,709,341

$1,709,341

Sales and Services Not Itemized

$1,709,341

$1,709,341

$1,709,341

$1,709,341

TOTAL PUBLIC FUNDS

$50,061,214

$50,061,214

$50,061,214

$50,061,214

One-Time Expense

219.1 Provide funds to replace outdated information technology equipment.

State General Funds

$137,950

$137,950

$137,950

$137,950

Medical Assistance Program CFDA93.778

$127,150

$127,150

$127,150

$127,150

TOTAL PUBLIC FUNDS

$265,100

$265,100

$265,100

$265,100

Changes in How the Program is Funded

219.2 Supplant Medicaid Patient Pay Agency funds with federal funds.

WEDNESDAY, MARCH 8, 2006

1693

Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,709,341 ($1,709,341)
$0

$1,709,341 ($1,709,341)
$0

$1,709,341 ($1,709,341)
$0

$1,709,341 ($1,709,341)
$0

219. Medicaid Eligibility Determination

Appropriation (HB1026)

The purpose is to promote access to health care for low income families, children, and pregnant women.

TOTAL STATE FUNDS

$25,821,364

$25,821,364

$25,821,364

State General Funds

$25,821,364

$25,821,364

$25,821,364

TOTAL FEDERAL FUNDS

$24,504,950

$24,504,950

$24,504,950

Medical Assistance Program CFDA93.778

$24,504,950

$24,504,950

$24,504,950

TOTAL PUBLIC FUNDS

$50,326,314

$50,326,314

$50,326,314

$25,821,364 $25,821,364 $24,504,950 $24,504,950 $50,326,314

Out of Home Care

Continuation Budget

The purpose is to provide safe and appropriate temporary substitute homes for children.

TOTAL STATE FUNDS

$148,321,478 $148,321,478 $148,321,478

State General Funds

$148,321,478 $148,321,478 $148,321,478

TOTAL FEDERAL FUNDS

$118,203,127 $118,203,127 $118,203,127

Federal Funds Not Itemized

$4,561,186

$4,561,186

$4,561,186

Foster Care Title IV-E CFDA93.658

$23,655,642

$23,655,642

$23,655,642

Medical Assistance Program CFDA93.778

$33,493,500

$33,493,500

$33,493,500

Social Services Block Grant CFDA 93.667

$3,600,000

$3,600,000

$3,600,000

Temporary Assistance for Needy Families

$52,892,799

$52,892,799

$52,892,799

Temporary Assistance for Needy Families Block Grant

$52,892,799

$52,892,799

$52,892,799

CFDA 93.558

TOTAL AGENCY FUNDS

$32,925,589

$32,925,589

$32,925,589

Sales and Services

$32,925,589

$32,925,589

$32,925,589

Sales and Services Not Itemized

$32,925,589

$32,925,589

$32,925,589

TOTAL PUBLIC FUNDS

$299,450,194 $299,450,194 $299,450,194

Changes in Operations / Administration

220.1 Transfer funds to the Child Protective Services program for child protective services investigations.

Social Services Block Grant CFDA 93.667

($3,600,000)

($3,600,000)

($3,600,000)

$148,321,478 $148,321,478 $118,203,127
$4,561,186 $23,655,642 $33,493,500
$3,600,000 $52,892,799 $52,892,799
$32,925,589 $32,925,589 $32,925,589 $299,450,194
($3,600,000)

1694

JOURNAL OF THE SENATE

One-Time Expense

220.3 Reflect Level of Care Deficit of $35 million. Reduce deficit by $15 million by changing utilization and rates. Add

funds to cover remaining need.

Temporary Assistance for Needy Families Block Grant CFDA

$20,000,000

$20,000,000

93.558

Changes in How the Program is Funded

220.2 Supplant Medicaid Patient Pay Agency funds with federal funds.

Foster Care Title IV-E CFDA93.658

$6,237,858

$6,237,858

$6,237,858

$6,237,858

Medical Assistance Program CFDA93.778

($26,568,686) ($26,568,686) ($26,568,686) ($26,568,686)

Sales and Services Not Itemized

$20,330,828

$20,330,828

$20,330,828

$20,330,828

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

220.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$6,924,814

$6,924,814

Medical Assistance Program CFDA93.778

($6,924,814)

($6,924,814)

TOTAL PUBLIC FUNDS

$0

$0

220.5 Adjust funding to SFY 2005 cost levels.

Social Services Block Grant CFDA 93.667

$265,446

$265,446

220. Out of Home Care

Appropriation (HB1026)

The purpose is to provide safe and appropriate temporary substitute homes for children.

TOTAL STATE FUNDS

$148,321,478 $148,321,478 $148,321,478 $148,321,478

State General Funds

$148,321,478 $148,321,478 $148,321,478 $148,321,478

TOTAL FEDERAL FUNDS

$94,272,299

$94,272,299 $114,537,745 $114,537,745

Federal Funds Not Itemized

$4,561,186

$4,561,186

$11,486,000

$11,486,000

Foster Care Title IV-E CFDA93.658

$29,893,500

$29,893,500

$29,893,500

$29,893,500

Medical Assistance Program CFDA93.778

$6,924,814

$6,924,814

Social Services Block Grant CFDA 93.667

$265,446

$265,446

Temporary Assistance for Needy Families

$52,892,799

$52,892,799

$72,892,799

$72,892,799

Temporary Assistance for Needy Families Block Grant

$52,892,799

$52,892,799

$72,892,799

$72,892,799

CFDA 93.558

TOTAL AGENCY FUNDS

$53,256,417

$53,256,417

$53,256,417

$53,256,417

WEDNESDAY, MARCH 8, 2006

1695

Sales and Services

$53,256,417

$53,256,417

$53,256,417

$53,256,417

Sales and Services Not Itemized

$53,256,417

$53,256,417

$53,256,417

$53,256,417

TOTAL PUBLIC FUNDS

$295,850,194 $295,850,194 $316,115,640 $316,115,640

Outdoor Therapeutic Program

Continuation Budget

The purpose is to serve children and youth with behavioral and/or emotional problems in therapeutic wilderness settings to

promote positive changes in behavior that results in improved functioning in daily life and strengthens family or substitute

family involvement and returns the child or adolescent to the community.

TOTAL STATE FUNDS

$3,294,177

$3,294,177

$3,294,177

$3,294,177

State General Funds

$3,294,177

$3,294,177

$3,294,177

$3,294,177

TOTAL FEDERAL FUNDS

$3,105

$3,105

$3,105

$3,105

Medical Assistance Program CFDA93.778

$3,105

$3,105

$3,105

$3,105

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$937,587

$937,587

$937,587

$937,587

Agency to Agency Contracts

$937,587

$937,587

$937,587

$937,587

TOTAL PUBLIC FUNDS

$4,234,869

$4,234,869

$4,234,869

$4,234,869

Changes in How the Program is Funded

221.1 Reclassify federal funds as agency funds to reflect correct program fund distribution.

Medical Assistance Program CFDA93.778

($3,105)

($3,105)

($3,105)

($3,105)

Sales and Services Not Itemized

$3,105

$3,105

$3,105

$3,105

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

221. Outdoor Therapeutic Program

Appropriation (HB1026)

The purpose is to serve children and youth with behavioral and/or emotional problems in therapeutic wilderness settings to

promote positive changes in behavior that results in improved functioning in daily life and strengthens family or substitute

family involvement and returns the child or adolescent to the community.

TOTAL STATE FUNDS

$3,294,177

$3,294,177

$3,294,177

$3,294,177

State General Funds

$3,294,177

$3,294,177

$3,294,177

$3,294,177

TOTAL AGENCY FUNDS

$3,105

$3,105

$3,105

$3,105

Sales and Services

$3,105

$3,105

$3,105

$3,105

Sales and Services Not Itemized

$3,105

$3,105

$3,105

$3,105

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$937,587

$937,587

$937,587

$937,587

Agency to Agency Contracts

$937,587

$937,587

$937,587

$937,587

TOTAL PUBLIC FUNDS

$4,234,869

$4,234,869

$4,234,869

$4,234,869

1696

JOURNAL OF THE SENATE

Post Adoption Services

Continuation Budget

The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families.

TOTAL STATE FUNDS

$1,890,746

$1,890,746

$1,890,746

$1,890,746

State General Funds

$1,890,746

$1,890,746

$1,890,746

$1,890,746

TOTAL FEDERAL FUNDS

$940,404

$940,404

$940,404

$940,404

Federal Funds Not Itemized

$940,404

$940,404

$940,404

$940,404

TOTAL PUBLIC FUNDS

$2,831,150

$2,831,150

$2,831,150

$2,831,150

222. Post Adoption Services

Appropriation (HB1026)

The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families.

TOTAL STATE FUNDS

$1,890,746

$1,890,746

$1,890,746

$1,890,746

State General Funds

$1,890,746

$1,890,746

$1,890,746

$1,890,746

TOTAL FEDERAL FUNDS

$940,404

$940,404

$940,404

$940,404

Federal Funds Not Itemized

$940,404

$940,404

$940,404

$940,404

TOTAL PUBLIC FUNDS

$2,831,150

$2,831,150

$2,831,150

$2,831,150

Pre-Adoption Services

Continuation Budget

The purpose is to provide services that ensure the safe and appropriate placement of adoptable children.

TOTAL STATE FUNDS

$3,528,273

$3,528,273

$3,528,273

$3,528,273

State General Funds

$3,528,273

$3,528,273

$3,528,273

$3,528,273

TOTAL FEDERAL FUNDS

$1,872,356

$1,872,356

$1,872,356

$1,872,356

Federal Funds Not Itemized

$1,872,356

$1,872,356

$1,872,356

$1,872,356

TOTAL PUBLIC FUNDS

$5,400,629

$5,400,629

$5,400,629

$5,400,629

223. Pre-Adoption Services

Appropriation (HB1026)

The purpose is to provide services that ensure the safe and appropriate placement of adoptable children.

TOTAL STATE FUNDS

$3,528,273

$3,528,273

$3,528,273

$3,528,273

State General Funds

$3,528,273

$3,528,273

$3,528,273

$3,528,273

TOTAL FEDERAL FUNDS

$1,872,356

$1,872,356

$1,872,356

$1,872,356

Federal Funds Not Itemized

$1,872,356

$1,872,356

$1,872,356

$1,872,356

TOTAL PUBLIC FUNDS

$5,400,629

$5,400,629

$5,400,629

$5,400,629

Refugee Health Program

Continuation Budget

The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care.

TOTAL STATE FUNDS

$3,656,336

$3,656,336

$3,656,336

$3,656,336

WEDNESDAY, MARCH 8, 2006

1697

State General Funds

$3,656,336

$3,656,336

$3,656,336

$3,656,336

TOTAL FEDERAL FUNDS

$118,690

$118,690

$118,690

$118,690

Federal Funds Not Itemized

$118,690

$118,690

$118,690

$118,690

TOTAL PUBLIC FUNDS

$3,775,026

$3,775,026

$3,775,026

$3,775,026

Changes in How the Program is Funded

224.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$407,993

$407,993

TOTAL PUBLIC FUNDS

$407,993

$407,993

224. Refugee Health Program

Appropriation (HB1026)

The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care.

TOTAL STATE FUNDS

$3,656,336

$3,656,336

$3,656,336

$3,656,336

State General Funds

$3,656,336

$3,656,336

$3,656,336

$3,656,336

TOTAL FEDERAL FUNDS

$118,690

$118,690

$526,683

$526,683

Federal Funds Not Itemized

$118,690

$118,690

$526,683

$526,683

TOTAL PUBLIC FUNDS

$3,775,026

$3,775,026

$4,183,019

$4,183,019

Refugee Resettlement

Continuation Budget

The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support.

TOTAL STATE FUNDS

$515,660

$515,660

$515,660

$515,660

State General Funds

$515,660

$515,660

$515,660

$515,660

TOTAL FEDERAL FUNDS

$3,103,467

$3,103,467

$3,103,467

$3,103,467

Federal Funds Not Itemized

$3,103,467

$3,103,467

$3,103,467

$3,103,467

TOTAL AGENCY FUNDS

$80,538

$80,538

$80,538

$80,538

Sales and Services

$80,538

$80,538

$80,538

$80,538

Sales and Services Not Itemized

$80,538

$80,538

$80,538

$80,538

TOTAL PUBLIC FUNDS

$3,699,665

$3,699,665

$3,699,665

$3,699,665

Changes in How the Program is Funded

225.1 Supplant Medicaid Patient Pay Agency funds with federal funds.

Federal Funds Not Itemized

$80,538

$80,538

$80,538

$80,538

Sales and Services Not Itemized

($80,538)

($80,538)

($80,538)

($80,538)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

1698

JOURNAL OF THE SENATE

225. Refugee Resettlement

Appropriation (HB1026)

The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support.

TOTAL STATE FUNDS

$515,660

$515,660

$515,660

$515,660

State General Funds

$515,660

$515,660

$515,660

$515,660

TOTAL FEDERAL FUNDS

$3,184,005

$3,184,005

$3,184,005

$3,184,005

Federal Funds Not Itemized

$3,184,005

$3,184,005

$3,184,005

$3,184,005

TOTAL PUBLIC FUNDS

$3,699,665

$3,699,665

$3,699,665

$3,699,665

Regulatory Compliance

Continuation Budget

The purpose is to protect children receiving care outside of their own homes in child-caring institutions, outdoor

therapeutic programs, and child-placing agencies through licensing activities and regular inspections.

TOTAL STATE FUNDS

$22,387,123

$22,387,123

$22,387,123

$22,387,123

State General Funds

$22,387,123

$22,387,123

$22,387,123

$22,387,123

TOTAL FEDERAL FUNDS

$8,225,540

$8,225,540

$8,225,540

$8,225,540

CCDF Mandatory & Matching Funds CFDA93.596

$780

$780

$780

$780

Federal Funds Not Itemized

$6,533,524

$6,533,524

$6,533,524

$6,533,524

Maternal & Child Health Services Block Grant CFDA93.994

$194,703

$194,703

$194,703

$194,703

Medical Assistance Program CFDA93.778

$12,257

$12,257

$12,257

$12,257

Preventive Health & Health Services Block Grant

$1,484,276

$1,484,276

$1,484,276

$1,484,276

TOTAL PUBLIC FUNDS

$30,612,663

$30,612,663

$30,612,663

$30,612,663

Statewide Changes

226.1 WC, GTA, and GBA

State General Funds

$16,489

$16,489

$16,489

$16,489

226. Regulatory Compliance

Appropriation (HB1026)

The purpose is to protect children receiving care outside of their own homes in child-caring institutions, outdoor

therapeutic programs, and child-placing agencies through licensing activities and regular inspections.

TOTAL STATE FUNDS

$22,403,612

$22,403,612

$22,403,612

$22,403,612

State General Funds

$22,403,612

$22,403,612

$22,403,612

$22,403,612

TOTAL FEDERAL FUNDS

$8,225,540

$8,225,540

$8,225,540

$8,225,540

CCDF Mandatory & Matching Funds CFDA93.596

$780

$780

$780

$780

Federal Funds Not Itemized

$6,533,524

$6,533,524

$6,533,524

$6,533,524

Maternal & Child Health Services Block Grant CFDA93.994

$194,703

$194,703

$194,703

$194,703

WEDNESDAY, MARCH 8, 2006

1699

Medical Assistance Program CFDA93.778

$12,257

$12,257

$12,257

$12,257

Preventive Health & Health Services Block Grant

$1,484,276

$1,484,276

$1,484,276

$1,484,276

CFDA93.991

TOTAL PUBLIC FUNDS

$30,629,152

$30,629,152

$30,629,152

$30,629,152

Sexually Transmitted Diseases Treatment and Control

Continuation Budget

The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health

screening, partner notification, and treatment.

TOTAL STATE FUNDS

$4,480,066

$4,480,066

$4,480,066

$4,480,066

State General Funds

$4,480,066

$4,480,066

$4,480,066

$4,480,066

TOTAL FEDERAL FUNDS

$2,297,423

$2,297,423

$2,297,423

$2,297,423

Federal Funds Not Itemized

$2,297,423

$2,297,423

$2,297,423

$2,297,423

TOTAL PUBLIC FUNDS

$6,777,489

$6,777,489

$6,777,489

$6,777,489

Changes in How the Program is Funded

227.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Preventive Health & Health Services Block Grant

$1,054,763

$1,054,763

227. Sexually Transmitted Diseases Treatment and Control

Appropriation (HB1026)

The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health

screening, partner notification, and treatment.

TOTAL STATE FUNDS

$4,480,066

$4,480,066

$4,480,066

$4,480,066

State General Funds

$4,480,066

$4,480,066

$4,480,066

$4,480,066

TOTAL FEDERAL FUNDS

$2,297,423

$2,297,423

$3,352,186

$3,352,186

Federal Funds Not Itemized

$2,297,423

$2,297,423

$2,297,423

$2,297,423

Preventive Health & Health Services Block Grant

$1,054,763

$1,054,763

CFDA93.991

TOTAL PUBLIC FUNDS

$6,777,489

$6,777,489

$7,832,252

$7,832,252

State Hospital Facilities

Continuation Budget

The purpose is to provide services that enhance functioning of consumers, including special therapies (speech, occupational

therapy, physical therapy, activity therapy), pharmacy, volunteer services, dental, x-ray, medical records, housekeeping,

laundry, lab, security, meal preparation, supplies, maintenance, and the fire safety.

1700

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$61,482,028

$61,482,028

$61,482,028

$61,482,028

State General Funds

$61,482,028

$61,482,028

$61,482,028

$61,482,028

TOTAL FEDERAL FUNDS

$5,720,524

$5,720,524

$5,720,524

$5,720,524

Federal Funds Not Itemized

$5,720,524

$5,720,524

$5,720,524

$5,720,524

TOTAL AGENCY FUNDS

$2,935,696

$2,935,696

$2,935,696

$2,935,696

Sales and Services

$2,935,696

$2,935,696

$2,935,696

$2,935,696

Sales and Services Not Itemized

$2,935,696

$2,935,696

$2,935,696

$2,935,696

TOTAL PUBLIC FUNDS

$70,138,248

$70,138,248

$70,138,248

$70,138,248

One-Time Expense

228.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program).

State General Funds

$2,783,840

$2,505,456

$2,783,840

$2,505,456

228. State Hospital Facilities

Appropriation (HB1026)

The purpose is to provide services that enhance functioning of consumers, including special therapies (speech, occupational

therapy, physical therapy, activity therapy), pharmacy, volunteer services, dental, x-ray, medical records, housekeeping,

laundry, lab, security, meal preparation, supplies, maintenance, and the fire safety.

TOTAL STATE FUNDS

$64,265,868

$63,987,484

$64,265,868

$63,987,484

State General Funds

$64,265,868

$63,987,484

$64,265,868

$63,987,484

TOTAL FEDERAL FUNDS

$5,720,524

$5,720,524

$5,720,524

$5,720,524

Federal Funds Not Itemized

$5,720,524

$5,720,524

$5,720,524

$5,720,524

TOTAL AGENCY FUNDS

$2,935,696

$2,935,696

$2,935,696

$2,935,696

Sales and Services

$2,935,696

$2,935,696

$2,935,696

$2,935,696

Sales and Services Not Itemized

$2,935,696

$2,935,696

$2,935,696

$2,935,696

TOTAL PUBLIC FUNDS

$72,922,088

$72,643,704

$72,922,088

$72,643,704

State Hospital Facilities - Direct Care and Support Services

Continuation Budget

The purpose is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS

$94,448,798

$94,448,798

$94,448,798

$94,448,798

State General Funds

$94,448,798

$94,448,798

$94,448,798

$94,448,798

TOTAL FEDERAL FUNDS

$6,120,300

$6,120,300

$6,120,300

$6,120,300

Federal Funds Not Itemized

$6,120,300

$6,120,300

$6,120,300

$6,120,300

TOTAL AGENCY FUNDS

$42,343,798

$42,343,798

$42,343,798

$42,343,798

Sales and Services

$42,343,798

$42,343,798

$42,343,798

$42,343,798

WEDNESDAY, MARCH 8, 2006

1701

Sales and Services Not Itemized

$42,343,798

$42,343,798

$42,343,798

$42,343,798

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,092,954

$5,092,954

$5,092,954

$5,092,954

Agency to Agency Contracts

$5,092,954

$5,092,954

$5,092,954

$5,092,954

TOTAL PUBLIC FUNDS

$148,005,850 $148,005,850 $148,005,850 $148,005,850

One-Time Expense

229.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program).

State General Funds

$4,155,214

$3,739,692

$4,155,214

$3,739,692

229. State Hospital Facilities - Direct Care and Support

Appropriation (HB1026)

The purpose is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS

$98,604,012

$98,188,490

$98,604,012

$98,188,490

State General Funds

$98,604,012

$98,188,490

$98,604,012

$98,188,490

TOTAL FEDERAL FUNDS

$6,120,300

$6,120,300

$6,120,300

$6,120,300

Federal Funds Not Itemized

$6,120,300

$6,120,300

$6,120,300

$6,120,300

TOTAL AGENCY FUNDS

$42,343,798

$42,343,798

$42,343,798

$42,343,798

Sales and Services

$42,343,798

$42,343,798

$42,343,798

$42,343,798

Sales and Services Not Itemized

$42,343,798

$42,343,798

$42,343,798

$42,343,798

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,092,954

$5,092,954

$5,092,954

$5,092,954

Agency to Agency Contracts

$5,092,954

$5,092,954

$5,092,954

$5,092,954

TOTAL PUBLIC FUNDS

$152,161,064 $151,745,542 $152,161,064 $151,745,542

State Hospital Facilities - Other Care

Continuation Budget

The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning.

TOTAL STATE FUNDS

$35,713,500

$35,713,500

$35,713,500

$35,713,500

State General Funds

$35,713,500

$35,713,500

$35,713,500

$35,713,500

TOTAL FEDERAL FUNDS

$161,867

$161,867

$161,867

$161,867

Federal Funds Not Itemized

$161,867

$161,867

$161,867

$161,867

TOTAL AGENCY FUNDS

$53,767,732

$53,767,732

$53,767,732

$53,767,732

Sales and Services

$53,767,732

$53,767,732

$53,767,732

$53,767,732

Sales and Services Not Itemized

$53,767,732

$53,767,732

$53,767,732

$53,767,732

TOTAL PUBLIC FUNDS

$89,643,099

$89,643,099

$89,643,099

$89,643,099

One-Time Expense

230.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program).

1702

JOURNAL OF THE SENATE

State General Funds

$1,621,412

$1,459,270

$1,621,412

$1,459,270

230. State Hospital Facilities - Other Care

Appropriation (HB1026)

The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning.

TOTAL STATE FUNDS

$37,334,912

$37,172,770

$37,334,912

$37,172,770

State General Funds

$37,334,912

$37,172,770

$37,334,912

$37,172,770

TOTAL FEDERAL FUNDS

$161,867

$161,867

$161,867

$161,867

Federal Funds Not Itemized

$161,867

$161,867

$161,867

$161,867

TOTAL AGENCY FUNDS

$53,767,732

$53,767,732

$53,767,732

$53,767,732

Sales and Services

$53,767,732

$53,767,732

$53,767,732

$53,767,732

Sales and Services Not Itemized

$53,767,732

$53,767,732

$53,767,732

$53,767,732

TOTAL PUBLIC FUNDS

$91,264,511

$91,102,369

$91,264,511

$91,102,369

State Hospital Facilities - Specialty Care

Continuation Budget

The purpose is to provide education and health promotion related to intentional and unintentional injuries.

TOTAL STATE FUNDS

$1,495,494

$1,495,494

$1,495,494

$1,495,494

State General Funds

$1,495,494

$1,495,494

$1,495,494

$1,495,494

TOTAL FEDERAL FUNDS

$14,551

$14,551

$14,551

$14,551

Federal Funds Not Itemized

$14,551

$14,551

$14,551

$14,551

TOTAL AGENCY FUNDS

$1,547,240

$1,547,240

$1,547,240

$1,547,240

Sales and Services

$1,547,240

$1,547,240

$1,547,240

$1,547,240

Sales and Services Not Itemized

$1,547,240

$1,547,240

$1,547,240

$1,547,240

TOTAL PUBLIC FUNDS

$3,057,285

$3,057,285

$3,057,285

$3,057,285

One-Time Expense

231.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program).

State General Funds

$19,534

$17,580

$19,534

$17,580

231. State Hospital Facilities - Specialty Care

Appropriation (HB1026)

The purpose is to provide education and health promotion related to intentional and unintentional injuries.

TOTAL STATE FUNDS

$1,515,028

$1,513,074

$1,515,028

$1,513,074

State General Funds

$1,515,028

$1,513,074

$1,515,028

$1,513,074

TOTAL FEDERAL FUNDS

$14,551

$14,551

$14,551

$14,551

Federal Funds Not Itemized

$14,551

$14,551

$14,551

$14,551

TOTAL AGENCY FUNDS

$1,547,240

$1,547,240

$1,547,240

$1,547,240

WEDNESDAY, MARCH 8, 2006

1703

Sales and Services

$1,547,240

$1,547,240

$1,547,240

$1,547,240

Sales and Services Not Itemized

$1,547,240

$1,547,240

$1,547,240

$1,547,240

TOTAL PUBLIC FUNDS

$3,076,819

$3,074,865

$3,076,819

$3,074,865

Substance Abuse Prevention

Continuation Budget

The purpose is to promote the health and well-being of children, youth, families and communities through preventing the

use and/or abuse of alcohol, tobacco and drugs.

TOTAL STATE FUNDS

$669,605

$669,605

$669,605

$669,605

State General Funds

$669,605

$669,605

$669,605

$669,605

TOTAL FEDERAL FUNDS

$10,512,485

$10,512,485

$10,512,485

$10,512,485

Federal Funds Not Itemized

$320,397

$320,397

$320,397

$320,397

Prevention & Treatment of Substance Abuse Block Grant

$10,192,088

$10,192,088

$10,192,088

$10,192,088

CFDA93.959

TOTAL PUBLIC FUNDS

$11,182,090

$11,182,090

$11,182,090

$11,182,090

Changes in How the Program is Funded

232.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$354,687

$354,687

Prevention & Treatment of Substance Abuse Block Grant

$1,320,111

$1,320,111

CFDA93.959

TOTAL PUBLIC FUNDS

$1,674,798

$1,674,798

232. Substance Abuse Prevention

Appropriation (HB1026)

The purpose is to promote the health and well-being of children, youth, families and communities through preventing the

use and/or abuse of alcohol, tobacco and drugs.

TOTAL STATE FUNDS

$669,605

$669,605

$669,605

$669,605

State General Funds

$669,605

$669,605

$669,605

$669,605

TOTAL FEDERAL FUNDS

$10,512,485

$10,512,485

$12,187,283

$12,187,283

Federal Funds Not Itemized

$320,397

$320,397

$675,084

$675,084

Prevention & Treatment of Substance Abuse Block Grant

$10,192,088

$10,192,088

$11,512,199

$11,512,199

CFDA93.959

TOTAL PUBLIC FUNDS

$11,182,090

$11,182,090

$12,856,888

$12,856,888

1704

JOURNAL OF THE SENATE

Support for Needy Families - Administration and Family Assistance

Continuation Budget

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$17,069,906

$17,069,906

$17,069,906

State General Funds

$17,069,906

$17,069,906

$17,069,906

TOTAL FEDERAL FUNDS

$51,340,811

$51,340,811

$51,340,811

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

Federal Funds Not Itemized

$11,959,324

$11,959,324

$11,959,324

Medical Assistance Program CFDA93.778

$9,905,211

$9,905,211

$9,905,211

Temporary Assistance for Needy Families

$12,291,093

$12,291,093

$12,291,093

Temporary Assistance for Needy Families Block Grant

$12,291,093

$12,291,093

$12,291,093

CFDA 93.558

TOTAL AGENCY FUNDS

$2,786,034

$2,786,034

$2,786,034

Sales and Services

$2,786,034

$2,786,034

$2,786,034

Sales and Services Not Itemized

$2,786,034

$2,786,034

$2,786,034

TOTAL PUBLIC FUNDS

$71,196,751

$71,196,751

$71,196,751

Changes in Operations / Administration

233.1 Transfer funds for After School Care Expansion activities from Child Care and Parent Services.

State General Funds

$4,000,000

$4,000,000

$0

Temporary Assistance for Needy Families Block Grant CFDA

$10,000,000

$10,000,000

$0

93.558

TOTAL PUBLIC FUNDS

$14,000,000

$14,000,000

$0

233.2 Transfer funds to the Food Stamp Program to reflect direct client services.

Federal Funds Not Itemized

($8,501,040)

($8,501,040)

($8,501,040)

233.7 Reduce administration to reflect SFY 2005 cost allocation.

Temporary Assistance for Needy Families Block Grant CFDA

($9,300,000)

93.558

One-Time Expense

233.3 Provide funds to replace outdated information technology equipment.

Medical Assistance Program CFDA93.778

$21,600

$21,600

$21,600

$17,069,906 $17,069,906 $51,340,811 $17,185,183 $11,959,324
$9,905,211 $12,291,093 $12,291,093
$2,786,034 $2,786,034 $2,786,034 $71,196,751
$0 $0
$0
($8,501,040)
($9,300,000)
$21,600

WEDNESDAY, MARCH 8, 2006

1705

233.8 Reward Office of Family Independence staff for achieving a TANF Welfare to Work bonus of $4,003,411 and being

cited by federal administrators as a model state for work participation activities. Bonus contingent on continued

receipt of performance bonus.

Temporary Assistance for Needy Families Block Grant CFDA

$2,000,000

$2,000,000

93.558

Changes in How the Program is Funded

233.4 Supplant Medicaid Patient Pay Agency funds with federal funds.

Temporary Assistance for Needy Families Block Grant CFDA

$2,786,034

$2,786,034

$0

$0

93.558

Sales and Services Not Itemized

($2,786,034)

($2,786,034)

$0

$0

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

Changes in the Size of the Program

233.5 Transfer funds to the Support for Needy Families - Work Assistance program for education and training of

Temporary Assistance for Needy Families recipients.

Federal Funds Not Itemized

($2,142,185)

($2,142,185)

($2,142,185)

($2,142,185)

233.9 Add funds for food bank assistance.

233. Support for Needy Families - Administration and Family Assistance

Appropriation (HB1026)

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$21,069,906

$21,069,906

$17,069,906

$17,069,906

State General Funds

$21,069,906

$21,069,906

$17,069,906

$17,069,906

TOTAL FEDERAL FUNDS

$53,505,220

$53,505,220

$34,419,186

$34,419,186

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

$17,185,183

Federal Funds Not Itemized

$1,316,099

$1,316,099

$1,316,099

$1,316,099

Medical Assistance Program CFDA93.778

$9,926,811

$9,926,811

$9,926,811

$9,926,811

Temporary Assistance for Needy Families

$25,077,127

$25,077,127

$5,991,093

$5,991,093

Temporary Assistance for Needy Families Block Grant

$25,077,127

$25,077,127

$5,991,093

$5,991,093

CFDA 93.558

TOTAL AGENCY FUNDS

$2,786,034

$2,786,034

Sales and Services

$2,786,034

$2,786,034

Sales and Services Not Itemized

$2,786,034

$2,786,034

TOTAL PUBLIC FUNDS

$74,575,126

$74,575,126

$54,275,126

$54,275,126

1706

JOURNAL OF THE SENATE

Support for Needy Families - Basic Assistance

Continuation Budget

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$14,400,000

$14,400,000

$14,400,000

State General Funds

$14,400,000

$14,400,000

$14,400,000

TOTAL FEDERAL FUNDS

$94,788,339

$94,788,339

$94,788,339

Temporary Assistance for Needy Families

$74,788,339

$74,788,339

$74,788,339

Temporary Assistance for Needy Families Block Grant

$74,788,339

$74,788,339

$74,788,339

CFDA 93.558

Temporary Assistance for Needy Families Unobligated

$20,000,000

$20,000,000

$20,000,000

TOTAL AGENCY FUNDS

$20,000,000

$20,000,000

$20,000,000

Contributions, Donations, and Forfeitures

$20,000,000

$20,000,000

$20,000,000

TANF Maintenance-of-Effort from External Sources

$20,000,000

$20,000,000

$20,000,000

TOTAL PUBLIC FUNDS

$129,188,339 $129,188,339 $129,188,339

Changes in How the Program is Funded

234.1 Refinance TANF Unobligated Balances with block grant funds to maximize federal fund usage.

Temporary Assistance for Needy Families Block Grant CFDA

$14,004,629

93.558

Temporary Assistance for Needy Families Unobligated

($14,004,629)

TOTAL PUBLIC FUNDS

$0

Changes in the Size of the Program

234.2 Reduce funding for cash assistance based on declining caseloads.

Temporary Assistance for Needy Families Block Grant CFDA

($17,500,000)

93.558

234. Support for Needy Families - Basic Assistance

Appropriation (HB1026)

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$14,400,000

$14,400,000

$14,400,000

State General Funds

$14,400,000

$14,400,000

$14,400,000

TOTAL FEDERAL FUNDS

$94,788,339

$94,788,339

$77,288,339

Temporary Assistance for Needy Families

$74,788,339

$74,788,339

$71,292,968

Temporary Assistance for Needy Families Block Grant

$74,788,339

$74,788,339

$71,292,968

CFDA 93.558

$14,400,000 $14,400,000 $94,788,339 $74,788,339 $74,788,339
$20,000,000 $20,000,000 $20,000,000 $20,000,000 $129,188,339
$14,004,629
($14,004,629) $0
($17,500,000)
$14,400,000 $14,400,000 $77,288,339 $71,292,968 $71,292,968

WEDNESDAY, MARCH 8, 2006

1707

Temporary Assistance for Needy Families Unobligated

$20,000,000

$20,000,000

$5,995,371

$5,995,371

Balance

TOTAL AGENCY FUNDS

$20,000,000

$20,000,000

$20,000,000

$20,000,000

Contributions, Donations, and Forfeitures

$20,000,000

$20,000,000

$20,000,000

$20,000,000

TANF Maintenance-of-Effort from External Sources

$20,000,000

$20,000,000

$20,000,000

$20,000,000

TOTAL PUBLIC FUNDS

$129,188,339 $129,188,339 $111,688,339 $111,688,339

Support for Needy Families - Work Assistance

Continuation Budget

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$26,000,000

$26,000,000

$26,000,000

$26,000,000

State General Funds

$26,000,000

$26,000,000

$26,000,000

$26,000,000

TOTAL FEDERAL FUNDS

$19,130,279

$19,130,279

$19,130,279

$19,130,279

Temporary Assistance for Needy Families

$19,130,279

$19,130,279

$19,130,279

$19,130,279

Temporary Assistance for Needy Families Block Grant

$19,130,279

$19,130,279

$19,130,279

$19,130,279

CFDA 93.558

TOTAL PUBLIC FUNDS

$45,130,279

$45,130,279

$45,130,279

$45,130,279

Changes in Operations / Administration

235.1 Adjust Grants to Counties funding for eligibility activities to SFY 2005 cost levels.

Temporary Assistance for Needy Families Block Grant CFDA

$16,100,000

$16,100,000

93.558

Changes in the Size of the Program

235.2 Transfer funds from the Support for Needy Families - Administration and Family Assistance program for education

and training of Temporary Assistance for Needy Families recipients.

Federal Funds Not Itemized

$2,142,185

$2,142,185

$2,142,185

$2,142,185

235. Support for Needy Families - Work Assistance

Appropriation (HB1026)

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$26,000,000

$26,000,000

$26,000,000

State General Funds

$26,000,000

$26,000,000

$26,000,000

TOTAL FEDERAL FUNDS

$21,272,464

$21,272,464

$37,372,464

Federal Funds Not Itemized

$2,142,185

$2,142,185

$2,142,185

Temporary Assistance for Needy Families

$19,130,279

$19,130,279

$35,230,279

$26,000,000 $26,000,000 $37,372,464
$2,142,185 $35,230,279

1708

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant

$19,130,279

$19,130,279

$35,230,279

$35,230,279

CFDA 93.558

TOTAL PUBLIC FUNDS

$47,272,464

$47,272,464

$63,372,464

$63,372,464

Tobacco Use Prevention

Continuation Budget

The purpose is to reduce the number of youth and adults who smoke, reduce exposure to secondhand smoke, and decrease

the occurrence of tobacco-related illness through prevention initiatives.

TOTAL STATE FUNDS

$2,211,034

$2,211,034

$2,211,034

$2,211,034

State General Funds

$61,159

$61,159

$61,159

$61,159

Tobacco Settlement Funds

$2,149,875

$2,149,875

$2,149,875

$2,149,875

TOTAL PUBLIC FUNDS

$2,211,034

$2,211,034

$2,211,034

$2,211,034

236. Tobacco Use Prevention

Appropriation (HB1026)

The purpose is to reduce the number of youth and adults who smoke, reduce exposure to secondhand smoke, and decrease

the occurrence of tobacco-related illness through prevention initiatives.

TOTAL STATE FUNDS

$2,211,034

$2,211,034

$2,211,034

$2,211,034

State General Funds

$61,159

$61,159

$61,159

$61,159

Tobacco Settlement Funds

$2,149,875

$2,149,875

$2,149,875

$2,149,875

TOTAL PUBLIC FUNDS

$2,211,034

$2,211,034

$2,211,034

$2,211,034

Tuberculosis Treatment and Control

Continuation Budget

The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of

disease due to tuberculosis.

TOTAL STATE FUNDS

$7,404,277

$7,404,277

$7,404,277

$7,404,277

State General Funds

$7,404,277

$7,404,277

$7,404,277

$7,404,277

TOTAL FEDERAL FUNDS

$1,613,061

$1,613,061

$1,613,061

$1,613,061

Federal Funds Not Itemized

$1,613,061

$1,613,061

$1,613,061

$1,613,061

TOTAL PUBLIC FUNDS

$9,017,338

$9,017,338

$9,017,338

$9,017,338

Changes in How the Program is Funded

237.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$508,607

$508,607

WEDNESDAY, MARCH 8, 2006

1709

237. Tuberculosis Treatment and Control

Appropriation (HB1026)

The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of

disease due to tuberculosis.

TOTAL STATE FUNDS

$7,404,277

$7,404,277

$7,404,277

$7,404,277

State General Funds

$7,404,277

$7,404,277

$7,404,277

$7,404,277

TOTAL FEDERAL FUNDS

$1,613,061

$1,613,061

$2,121,668

$2,121,668

Federal Funds Not Itemized

$1,613,061

$1,613,061

$2,121,668

$2,121,668

TOTAL PUBLIC FUNDS

$9,017,338

$9,017,338

$9,525,945

$9,525,945

Vital Records

Continuation Budget

The purpose of this program is to register, code, enter, and archive all vital records and associated documents (birth, death,

fetal death, induced termination of pregnancy, marriage).

TOTAL STATE FUNDS

$2,064,090

$2,064,090

$2,064,090

$2,064,090

State General Funds

$2,064,090

$2,064,090

$2,064,090

$2,064,090

TOTAL FEDERAL FUNDS

$288,204

$288,204

$288,204

$288,204

Federal Funds Not Itemized

$288,204

$288,204

$288,204

$288,204

TOTAL PUBLIC FUNDS

$2,352,294

$2,352,294

$2,352,294

$2,352,294

Changes in How the Program is Funded

238.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$260,000

$260,000

238. Vital Records

Appropriation (HB1026)

The purpose of this program is to register, code, enter, and archive all vital records and associated documents (birth, death,

fetal death, induced termination of pregnancy, marriage).

TOTAL STATE FUNDS

$2,064,090

$2,064,090

$2,064,090

$2,064,090

State General Funds

$2,064,090

$2,064,090

$2,064,090

$2,064,090

TOTAL FEDERAL FUNDS

$288,204

$288,204

$548,204

$548,204

Federal Funds Not Itemized

$288,204

$288,204

$548,204

$548,204

TOTAL PUBLIC FUNDS

$2,352,294

$2,352,294

$2,612,294

$2,612,294

Women, Infants and Children

Continuation Budget

The purpose is an adjunct to prenatal and postpartum care during critical periods of growth.

1710

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$84,978,869

$84,978,869

$84,978,869

$84,978,869

Federal Funds Not Itemized

$84,978,869

$84,978,869

$84,978,869

$84,978,869

TOTAL PUBLIC FUNDS

$84,978,869

$84,978,869

$84,978,869

$84,978,869

Changes in How the Program is Funded

239.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$147,496,262 $147,496,262

239. Women, Infants and Children

Appropriation (HB1026)

The purpose is an adjunct to prenatal and postpartum care during critical periods of growth.

TOTAL FEDERAL FUNDS

$84,978,869

$84,978,869 $232,475,131 $232,475,131

Federal Funds Not Itemized

$84,978,869

$84,978,869 $232,475,131 $232,475,131

TOTAL PUBLIC FUNDS

$84,978,869

$84,978,869 $232,475,131 $232,475,131

Women's Health Services

Continuation Budget

The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants.

TOTAL STATE FUNDS

$8,910,650

$8,910,650

$8,910,650

$8,910,650

State General Funds

$8,910,650

$8,910,650

$8,910,650

$8,910,650

TOTAL FEDERAL FUNDS

$19,098,161

$19,098,161

$19,098,161

$19,098,161

Federal Funds Not Itemized

$6,391,975

$6,391,975

$6,391,975

$6,391,975

Maternal & Child Health Services Block Grant CFDA93.994

$470,537

$470,537

$470,537

$470,537

Medical Assistance Program CFDA93.778

$335,432

$335,432

$335,432

$335,432

Preventive Health & Health Services Block Grant

$41,694

$41,694

$41,694

$41,694

Temporary Assistance for Needy Families

$11,858,523

$11,858,523

$11,858,523

$11,858,523

Temporary Assistance for Needy Families Block Grant

$11,858,523

$11,858,523

$11,858,523

$11,858,523

CFDA 93.558

TOTAL PUBLIC FUNDS

$28,008,811

$28,008,811

$28,008,811

$28,008,811

Changes in How the Program is Funded

240.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$426,896

$426,896

240. Women's Health Services

Appropriation (HB1026)

The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants.

WEDNESDAY, MARCH 8, 2006

1711

TOTAL STATE FUNDS

$8,910,650

$8,910,650

$8,910,650

$8,910,650

State General Funds

$8,910,650

$8,910,650

$8,910,650

$8,910,650

TOTAL FEDERAL FUNDS

$19,098,161

$19,098,161

$19,525,057

$19,525,057

Federal Funds Not Itemized

$6,391,975

$6,391,975

$6,818,871

$6,818,871

Maternal & Child Health Services Block Grant CFDA93.994

$470,537

$470,537

$470,537

$470,537

Medical Assistance Program CFDA93.778

$335,432

$335,432

$335,432

$335,432

Preventive Health & Health Services Block Grant

$41,694

$41,694

$41,694

$41,694

CFDA93.991

Temporary Assistance for Needy Families

$11,858,523

$11,858,523

$11,858,523

$11,858,523

Temporary Assistance for Needy Families Block Grant

$11,858,523

$11,858,523

$11,858,523

$11,858,523

CFDA 93.558

TOTAL PUBLIC FUNDS

$28,008,811

$28,008,811

$28,435,707

$28,435,707

Council on Aging

Continuation Budget

The purpose is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving

safe, healthy, independent and self-reliant lives.

TOTAL STATE FUNDS

$148,951

$148,951

$148,951

$148,951

State General Funds

$148,951

$148,951

$148,951

$148,951

TOTAL PUBLIC FUNDS

$148,951

$148,951

$148,951

$148,951

241. Council on Aging

Appropriation (HB1026)

The purpose is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving

safe, healthy, independent and self-reliant lives.

TOTAL STATE FUNDS

$148,951

$148,951

$148,951

$148,951

State General Funds

$148,951

$148,951

$148,951

$148,951

TOTAL PUBLIC FUNDS

$148,951

$148,951

$148,951

$148,951

Brain and Spinal Injury Trust Fund

Continuation Budget

The purpose is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to

citizens of the state who have survived brain or spinal cord injuries.

TOTAL STATE FUNDS

$3,000,000

$3,000,000

$3,000,000

$3,000,000

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

$3,000,000

TOTAL PUBLIC FUNDS

$3,000,000

$3,000,000

$3,000,000

$3,000,000

1712

JOURNAL OF THE SENATE

Statewide Changes

242.1 WC, GTA, and GBA

State General Funds

$499

$499

$499

$499

242. Brain and Spinal Injury Trust Fund

Appropriation (HB1026)

The purpose is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to

citizens of the state who have survived brain or spinal cord injuries.

TOTAL STATE FUNDS

$3,000,499

$3,000,499

$3,000,499

$3,000,499

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

$3,000,000

State General Funds

$499

$499

$499

$499

TOTAL PUBLIC FUNDS

$3,000,499

$3,000,499

$3,000,499

$3,000,499

Children's Trust Fund Commission

Continuation Budget

The purpose is to support the establishment of community-based educational and service programs designed to reduce the

occurrence of child abuse and neglect.

TOTAL STATE FUNDS

$6,932,873

$6,932,873

$6,932,873

$6,932,873

State General Funds

$5,660,703

$5,660,703

$5,660,703

$5,660,703

Tobacco Settlement Funds

$1,272,170

$1,272,170

$1,272,170

$1,272,170

TOTAL PUBLIC FUNDS

$6,932,873

$6,932,873

$6,932,873

$6,932,873

Statewide Changes

243.1 WC, GTA, and GBA

State General Funds

$333

$333

$333

$333

243. Children's Trust Fund Commission

Appropriation (HB1026)

The purpose is to support the establishment of community-based educational and service programs designed to reduce the

occurrence of child abuse and neglect.

TOTAL STATE FUNDS

$6,933,206

$6,933,206

$6,933,206

$6,933,206

State General Funds

$5,661,036

$5,661,036

$5,661,036

$5,661,036

Tobacco Settlement Funds

$1,272,170

$1,272,170

$1,272,170

$1,272,170

TOTAL PUBLIC FUNDS

$6,933,206

$6,933,206

$6,933,206

$6,933,206

Developmental Disabilities, Governor's Council on

Continuation Budget

The purpose is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$29,241

$29,241

$29,241

$29,241

State General Funds

$29,241

$29,241

$29,241

$29,241

WEDNESDAY, MARCH 8, 2006

1713

TOTAL FEDERAL FUNDS

$2,248,393

$2,248,393

$2,248,393

$2,248,393

Federal Funds Not Itemized

$2,248,393

$2,248,393

$2,248,393

$2,248,393

TOTAL PUBLIC FUNDS

$2,277,634

$2,277,634

$2,277,634

$2,277,634

244. Developmental Disabilities, Governor's Council on

Appropriation (HB1026)

The purpose is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$29,241

$29,241

$29,241

$29,241

State General Funds

$29,241

$29,241

$29,241

$29,241

TOTAL FEDERAL FUNDS

$2,248,393

$2,248,393

$2,248,393

$2,248,393

Federal Funds Not Itemized

$2,248,393

$2,248,393

$2,248,393

$2,248,393

TOTAL PUBLIC FUNDS

$2,277,634

$2,277,634

$2,277,634

$2,277,634

Changes in Who is Served by the Program

426.11 Add funds for the Katie Beckett waiver for families who don't meet the new criteria used starting October 2005.

This funding will be the sole funding for those families as they are not going to be eligible for Federal Matching

funds. (CC: One-time state appropriated funds authorizing DHR to select a fiscal intermediary to establish an

independently operated Foundation who will determine the vehicle for distributing the funds.)

State General Funds

$3,600,000

$7,600,000

426. Assistance to Disabled Children

Appropriation (HB1026)

The purpose of this appropriation is to provide reimbursements for health care services delivered after April 1, 2006 for

children who qualify under the Social Security Income clinically eligible criteria but not the income eligibility criteria and

are not covered by any other government program for the same services.

TOTAL STATE FUNDS

$3,600,000

$7,600,000

State General Funds

$3,600,000

$7,600,000

TOTAL PUBLIC FUNDS

$3,600,000

$7,600,000

All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of

need; such payments shall be made from the date of certification and not from the date of application; and the following

maximum benefits and maximum standards of need shall apply:

For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330.

1714

JOURNAL OF THE SENATE

For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standards of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the Maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568.

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly

amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work

experience and subsidized employment.

Section 28: Insurance, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$16,814,408

$16,814,408

$16,814,408

$16,814,408

State General Funds

$16,814,408

$16,814,408

$16,814,408

$16,814,408

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

$954,555

Federal Funds Not Itemized

$954,555

$954,555

$954,555

$954,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$17,850,908

$17,850,908

$17,850,908

$17,850,908

Section Total - Final

TOTAL STATE FUNDS

$16,825,711

$16,825,711

$16,825,711

$16,825,711

State General Funds

$16,825,711

$16,825,711

$16,825,711

$16,825,711

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

$954,555

Federal Funds Not Itemized

$954,555

$954,555

$954,555

$954,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$17,862,211

$17,862,211

$17,862,211

$17,862,211

Departmental Administration

Continuation Budget

The purpose is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions

and maintain a fire safe environment.

TOTAL STATE FUNDS

$2,203,831

$2,203,831

$2,203,831

$2,203,831

State General Funds

$2,203,831

$2,203,831

$2,203,831

$2,203,831

WEDNESDAY, MARCH 8, 2006

1715

TOTAL PUBLIC FUNDS

$2,203,831

$2,203,831

$2,203,831

$2,203,831

Statewide Changes

245.1 WC, GTA, and GBA

State General Funds

$1,545

$1,545

$1,545

$1,545

245. Departmental Administration

Appropriation (HB1026)

The purpose is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions

and maintain a fire safe environment.

TOTAL STATE FUNDS

$2,205,376

$2,205,376

$2,205,376

$2,205,376

State General Funds

$2,205,376

$2,205,376

$2,205,376

$2,205,376

TOTAL PUBLIC FUNDS

$2,205,376

$2,205,376

$2,205,376

$2,205,376

Enforcement

Continuation Budget

The purpose is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of

state law relating to insurance, industrial loan, fire safety and fraud.

TOTAL STATE FUNDS

$767,482

$767,482

$767,482

$767,482

State General Funds

$767,482

$767,482

$767,482

$767,482

TOTAL PUBLIC FUNDS

$767,482

$767,482

$767,482

$767,482

Statewide Changes

246.1 WC, GTA, and GBA

State General Funds

$518

$518

$518

$518

246. Enforcement

Appropriation (HB1026)

The purpose is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of

state law relating to insurance, industrial loan, fire safety and fraud.

TOTAL STATE FUNDS

$768,000

$768,000

$768,000

$768,000

State General Funds

$768,000

$768,000

$768,000

$768,000

TOTAL PUBLIC FUNDS

$768,000

$768,000

$768,000

$768,000

Fire Safety

Continuation Budget

The purpose is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and

property.

TOTAL STATE FUNDS

$4,955,173

$4,955,173

$4,955,173

$4,955,173

State General Funds

$4,955,173

$4,955,173

$4,955,173

$4,955,173

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

$954,555

1716

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$954,555

$954,555

$954,555

$954,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

$81,945

Agency to Agency Contracts

$81,945

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$5,991,673

$5,991,673

$5,991,673

$5,991,673

Statewide Changes

247.1 WC, GTA, and GBA

State General Funds

$3,318

$3,318

$3,318

$3,318

247. Fire Safety

Appropriation (HB1026)

The purpose is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and

property.

TOTAL STATE FUNDS

$4,958,491

$4,958,491

$4,958,491

$4,958,491

State General Funds

$4,958,491

$4,958,491

$4,958,491

$4,958,491

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

$954,555

Federal Funds Not Itemized

$954,555

$954,555

$954,555

$954,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

$81,945

Agency to Agency Contracts

$81,945

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$5,994,991

$5,994,991

$5,994,991

$5,994,991

Industrial Loan

Continuation Budget

The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans

of $3,000 or less.

TOTAL STATE FUNDS

$688,827

$688,827

$688,827

$688,827

State General Funds

$688,827

$688,827

$688,827

$688,827

TOTAL PUBLIC FUNDS

$688,827

$688,827

$688,827

$688,827

Statewide Changes

248.1 WC, GTA, and GBA

State General Funds

$463

$463

$463

$463

248. Industrial Loan

Appropriation (HB1026)

The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans

of $3,000 or less.

TOTAL STATE FUNDS

$689,290

$689,290

$689,290

$689,290

State General Funds

$689,290

$689,290

$689,290

$689,290

WEDNESDAY, MARCH 8, 2006

1717

TOTAL PUBLIC FUNDS

$689,290

$689,290

$689,290

$689,290

Insurance Regulation

Continuation Budget

The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules,

regulations, and standards.

TOTAL STATE FUNDS

$5,396,059

$5,396,059

$5,396,059

$5,396,059

State General Funds

$5,396,059

$5,396,059

$5,396,059

$5,396,059

TOTAL PUBLIC FUNDS

$5,396,059

$5,396,059

$5,396,059

$5,396,059

Statewide Changes

249.1 WC, GTA, and GBA

State General Funds

$3,717

$3,717

$3,717

$3,717

249. Insurance Regulation

Appropriation (HB1026)

The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules,

regulations, and standards.

TOTAL STATE FUNDS

$5,399,776

$5,399,776

$5,399,776

$5,399,776

State General Funds

$5,399,776

$5,399,776

$5,399,776

$5,399,776

TOTAL PUBLIC FUNDS

$5,399,776

$5,399,776

$5,399,776

$5,399,776

Special Fraud

Continuation Budget

The purpose is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS

$2,803,036

$2,803,036

$2,803,036

$2,803,036

State General Funds

$2,803,036

$2,803,036

$2,803,036

$2,803,036

TOTAL PUBLIC FUNDS

$2,803,036

$2,803,036

$2,803,036

$2,803,036

Statewide Changes

250.1 WC, GTA, and GBA

State General Funds

$1,742

$1,742

$1,742

$1,742

250. Special Fraud

Appropriation (HB1026)

The purpose is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS

$2,804,778

$2,804,778

$2,804,778

State General Funds

$2,804,778

$2,804,778

$2,804,778

TOTAL PUBLIC FUNDS

$2,804,778

$2,804,778

$2,804,778

$2,804,778 $2,804,778 $2,804,778

1718

JOURNAL OF THE SENATE

Section 29: Investigation, Georgia Bureau of

Section Total - Continuation

TOTAL STATE FUNDS

$62,410,151

$62,410,151

$62,410,151

$62,410,151

State General Funds

$62,410,151

$62,410,151

$62,410,151

$62,410,151

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$29,876,675

$29,876,675

Federal Funds Not Itemized

$29,876,675

$29,876,675

$29,876,675

$29,876,675

TOTAL AGENCY FUNDS

$4,671,438

$4,671,438

$4,671,438

$4,671,438

Sales and Services

$4,671,438

$4,671,438

$4,671,438

$4,671,438

TOTAL PUBLIC FUNDS

$96,958,264

$96,958,264

$96,958,264

$96,958,264

Section Total - Final

TOTAL STATE FUNDS

$62,575,557

$62,575,557

$63,075,557

$62,825,557

State General Funds

$62,575,557

$62,575,557

$63,075,557

$62,825,557

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$59,775,752

$59,775,752

Federal Funds Not Itemized

$29,876,675

$29,876,675

$59,775,752

$59,775,752

TOTAL AGENCY FUNDS

$4,671,438

$4,671,438

$8,903,344

$8,903,344

Rebates, Refunds, and Reimbursements

$170,542

$170,542

Sales and Services

$4,671,438

$4,671,438

$8,732,802

$8,732,802

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$13,453

$13,453

TOTAL PUBLIC FUNDS

$97,123,670

$97,123,670 $131,768,106 $131,518,106

Bureau Administration

Continuation Budget

The purpose is to provide the highest quality investigative, scientific, information services, and resources for the purpose of

maintaining law and order and protecting life and property.

TOTAL STATE FUNDS

$9,463,895

$9,463,895

$9,463,895

$9,463,895

State General Funds

$9,463,895

$9,463,895

$9,463,895

$9,463,895

TOTAL PUBLIC FUNDS

$9,463,895

$9,463,895

$9,463,895

$9,463,895

Statewide Changes

251.1 WC, GTA, and GBA

State General Funds

$5,650

$5,650

$5,650

$5,650

One-Time Expense

251.2 Replace boiler at GBI headquarters.

State General Funds

$100,000

$100,000

$100,000

$100,000

WEDNESDAY, MARCH 8, 2006

1719

Changes in the Size of the Program

251.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for management training, garage for bomb trucks and the Employee Assistance Program.

Federal Funds Not Itemized

$103,000

$103,000

251. Bureau Administration

Appropriation (HB1026)

The purpose is to provide the highest quality investigative, scientific, information services, and resources for the purpose of

maintaining law and order and protecting life and property.

TOTAL STATE FUNDS

$9,569,545

$9,569,545

$9,569,545

$9,569,545

State General Funds

$9,569,545

$9,569,545

$9,569,545

$9,569,545

TOTAL FEDERAL FUNDS

$103,000

$103,000

Federal Funds Not Itemized

$103,000

$103,000

TOTAL PUBLIC FUNDS

$9,569,545

$9,569,545

$9,672,545

$9,672,545

Centralized Scientific Services

Continuation Budget

The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS

$12,160,701

$12,160,701

$12,160,701

$12,160,701

State General Funds

$12,160,701

$12,160,701

$12,160,701

$12,160,701

TOTAL PUBLIC FUNDS

$12,160,701

$12,160,701

$12,160,701

$12,160,701

Statewide Changes

252.1 WC, GTA, and GBA

State General Funds

$13,840

$13,840

$13,840

$13,840

One-Time Expense

252.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in agency funds

received from reimbursements for medical investigative services.

Rebates, Refunds, and Reimbursements Not Itemized

$152,009

$152,009

Changes in the Size of the Program

252.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from various grants.

Federal Funds Not Itemized

$714,872

$714,872

TOTAL PUBLIC FUNDS

$714,872

$714,872

252. Centralized Scientific Services

Appropriation (HB1026)

The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

1720

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$12,174,541

$12,174,541

$12,174,541

$12,174,541

State General Funds

$12,174,541

$12,174,541

$12,174,541

$12,174,541

TOTAL FEDERAL FUNDS

$714,872

$714,872

Federal Funds Not Itemized

$714,872

$714,872

TOTAL AGENCY FUNDS

$152,009

$152,009

Rebates, Refunds, and Reimbursements

$152,009

$152,009

Rebates, Refunds, and Reimbursements Not Itemized

$152,009

$152,009

TOTAL PUBLIC FUNDS

$12,174,541

$12,174,541

$13,041,422

$13,041,422

Criminal Justice Information Services

Continuation Budget

The purpose is to provide fingerprint identification and processing of criminal history source documents to create and

update criminal history records.

TOTAL STATE FUNDS

$9,252,470

$9,252,470

$9,252,470

$9,252,470

State General Funds

$9,252,470

$9,252,470

$9,252,470

$9,252,470

TOTAL PUBLIC FUNDS

$9,252,470

$9,252,470

$9,252,470

$9,252,470

Statewide Changes

253.1 WC, GTA, and GBA

State General Funds

$9,911

$9,911

$9,911

$9,911

Changes in the Size of the Program

253.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for work units, homeland security projects, telephone system upgrade, and computer-based training.

Federal Funds Not Itemized

$14,248,099

$14,248,099

TOTAL PUBLIC FUNDS

$14,248,099

$14,248,099

253. Criminal Justice Information Services

Appropriation (HB1026)

The purpose is to provide fingerprint identification and processing of criminal history source documents to create and

update criminal history records.

TOTAL STATE FUNDS

$9,262,381

$9,262,381

$9,262,381

$9,262,381

State General Funds

$9,262,381

$9,262,381

$9,262,381

$9,262,381

TOTAL FEDERAL FUNDS

$14,248,099

$14,248,099

Federal Funds Not Itemized

$14,248,099

$14,248,099

TOTAL PUBLIC FUNDS

$9,262,381

$9,262,381

$23,510,480

$23,510,480

WEDNESDAY, MARCH 8, 2006

1721

Georgia Information Sharing and Analysis Center

Continuation Budget

The purpose is to assist all officials and agencies of the criminal justice system in the fulfillment of their varied

responsibilities on a statewide basis by providing round-the-clock access to needed information.

TOTAL STATE FUNDS

$775,258

$775,258

$775,258

$775,258

State General Funds

$775,258

$775,258

$775,258

$775,258

TOTAL PUBLIC FUNDS

$775,258

$775,258

$775,258

$775,258

Statewide Changes

254.1 WC, GTA, and GBA

State General Funds

$990

$990

$990

$990

Changes in the Size of the Program

254.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

awarded for homeland security projects.

Federal Funds Not Itemized

$1,080,476

$1,080,476

TOTAL PUBLIC FUNDS

$1,080,476

$1,080,476

254. Georgia Information Sharing and Analysis Center

Appropriation (HB1026)

The purpose is to assist all officials and agencies of the criminal justice system in the fulfillment of their varied

responsibilities on a statewide basis by providing round-the-clock access to needed information.

TOTAL STATE FUNDS

$776,248

$776,248

$776,248

$776,248

State General Funds

$776,248

$776,248

$776,248

$776,248

TOTAL FEDERAL FUNDS

$1,080,476

$1,080,476

Federal Funds Not Itemized

$1,080,476

$1,080,476

TOTAL PUBLIC FUNDS

$776,248

$776,248

$1,856,724

$1,856,724

Regional Forensic Services

Continuation Budget

The purpose is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS

$7,926,106

$7,926,106

$7,926,106

$7,926,106

State General Funds

$7,926,106

$7,926,106

$7,926,106

$7,926,106

TOTAL PUBLIC FUNDS

$7,926,106

$7,926,106

$7,926,106

$7,926,106

Statewide Changes

255.1 WC, GTA, and GBA

State General Funds

$8,901

$8,901

$8,901

$8,901

1722

JOURNAL OF THE SENATE

255. Regional Forensic Services

Appropriation (HB1026)

The purpose is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS

$7,935,007

$7,935,007

$7,935,007

$7,935,007

State General Funds

$7,935,007

$7,935,007

$7,935,007

$7,935,007

TOTAL PUBLIC FUNDS

$7,935,007

$7,935,007

$7,935,007

$7,935,007

Regional Investigative Services

Continuation Budget

The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS

$19,213,518

$19,213,518

$19,213,518

$19,213,518

State General Funds

$19,213,518

$19,213,518

$19,213,518

$19,213,518

TOTAL PUBLIC FUNDS

$19,213,518

$19,213,518

$19,213,518

$19,213,518

Statewide Changes

256.1 WC, GTA, and GBA

State General Funds

$22,833

$22,833

$22,833

$22,833

One-Time Expense

256.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

received from insurance recovery to pay for a replacement vehicle.

Rebates, Refunds, and Reimbursements Not Itemized

$18,533

$18,533

Changes in the Size of the Program

256.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds to pay for the assessment center promotion board, management training, federal

overtime, and a radio operator position.

Federal Funds Not Itemized

$1,445,886

$1,445,886

Agency to Agency Contracts

$13,453

$13,453

TOTAL PUBLIC FUNDS

$1,459,339

$1,459,339

256. Regional Investigative Services

Appropriation (HB1026)

The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS

$19,236,351

$19,236,351

$19,236,351

$19,236,351

State General Funds

$19,236,351

$19,236,351

$19,236,351

$19,236,351

TOTAL FEDERAL FUNDS

$1,445,886

$1,445,886

Federal Funds Not Itemized

$1,445,886

$1,445,886

TOTAL AGENCY FUNDS

$18,533

$18,533

WEDNESDAY, MARCH 8, 2006

1723

Rebates, Refunds, and Reimbursements

$18,533

$18,533

Rebates, Refunds, and Reimbursements Not Itemized

$18,533

$18,533

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$13,453

$13,453

Agency to Agency Contracts

$13,453

$13,453

TOTAL PUBLIC FUNDS

$19,236,351

$19,236,351

$20,714,223

$20,714,223

Special Operations Unit

Continuation Budget

Personnel respond on a statewide basis in order to render safe explosive devices of all types. Members of the unit also

assist in the identification, arrest and prosecution of individuals.

TOTAL STATE FUNDS

$673,951

$673,951

$673,951

$673,951

State General Funds

$673,951

$673,951

$673,951

$673,951

TOTAL PUBLIC FUNDS

$673,951

$673,951

$673,951

$673,951

Statewide Changes

257.1 WC, GTA, and GBA

State General Funds

$788

$788

$788

$788

Changes in the Size of the Program

257.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

awarded for homeland security projects.

Federal Funds Not Itemized

$3,696,148

$3,696,148

257. Special Operations Unit

Appropriation (HB1026)

Personnel respond on a statewide basis in order to render safe explosive devices of all types. Members of the unit also

assist in the identification, arrest and prosecution of individuals.

TOTAL STATE FUNDS

$674,739

$674,739

$674,739

$674,739

State General Funds

$674,739

$674,739

$674,739

$674,739

TOTAL FEDERAL FUNDS

$3,696,148

$3,696,148

Federal Funds Not Itemized

$3,696,148

$3,696,148

TOTAL PUBLIC FUNDS

$674,739

$674,739

$4,370,887

$4,370,887

State Healthcare Fraud Unit

Continuation Budget

The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

TOTAL STATE FUNDS

$1,092,276

$1,092,276

$1,092,276

$1,092,276

State General Funds

$1,092,276

$1,092,276

$1,092,276

$1,092,276

TOTAL PUBLIC FUNDS

$1,092,276

$1,092,276

$1,092,276

$1,092,276

1724

JOURNAL OF THE SENATE

Statewide Changes

258.1 WC, GTA, and GBA

State General Funds

$697

$697

$697

$697

Changes in the Size of the Program

258.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds received from court ordered restitutions.

Federal Funds Not Itemized

$1,305,438

$1,305,438

Sales and Services Not Itemized

$20,364

$20,364

TOTAL PUBLIC FUNDS

$1,325,802

$1,325,802

258. State Healthcare Fraud Unit

Appropriation (HB1026)

The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

TOTAL STATE FUNDS

$1,092,973

$1,092,973

$1,092,973

$1,092,973

State General Funds

$1,092,973

$1,092,973

$1,092,973

$1,092,973

TOTAL FEDERAL FUNDS

$1,305,438

$1,305,438

Federal Funds Not Itemized

$1,305,438

$1,305,438

TOTAL AGENCY FUNDS

$20,364

$20,364

Sales and Services

$20,364

$20,364

Sales and Services Not Itemized

$20,364

$20,364

TOTAL PUBLIC FUNDS

$1,092,973

$1,092,973

$2,418,775

$2,418,775

Task Forces

Continuation Budget

The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

TOTAL STATE FUNDS

$1,033,347

$1,033,347

$1,033,347

$1,033,347

State General Funds

$1,033,347

$1,033,347

$1,033,347

$1,033,347

TOTAL PUBLIC FUNDS

$1,033,347

$1,033,347

$1,033,347

$1,033,347

Statewide Changes

259.1 WC, GTA, and GBA

State General Funds

$1,409

$1,409

$1,409

$1,409

Changes in the Size of the Program

259.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for the High Intensity Drug Traffic Areas program.

Federal Funds Not Itemized

$151,627

$151,627

WEDNESDAY, MARCH 8, 2006

1725

259. Task Forces

Appropriation (HB1026)

The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

TOTAL STATE FUNDS

$1,034,756

$1,034,756

$1,034,756

$1,034,756

State General Funds

$1,034,756

$1,034,756

$1,034,756

$1,034,756

TOTAL FEDERAL FUNDS

$151,627

$151,627

Federal Funds Not Itemized

$151,627

$151,627

TOTAL PUBLIC FUNDS

$1,034,756

$1,034,756

$1,186,383

$1,186,383

Criminal Justice Coordinating Council

Continuation Budget

The purpose is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure

communities, and to award grants from the Local Law Enforcement and Firefighter Fund.

TOTAL STATE FUNDS

$818,629

$818,629

$818,629

$818,629

State General Funds

$818,629

$818,629

$818,629

$818,629

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$29,876,675

$29,876,675

Federal Funds Not Itemized

$29,876,675

$29,876,675

$29,876,675

$29,876,675

TOTAL AGENCY FUNDS

$4,671,438

$4,671,438

$4,671,438

$4,671,438

Sales and Services

$4,671,438

$4,671,438

$4,671,438

$4,671,438

Sales and Services Not Itemized

$4,671,438

$4,671,438

$4,671,438

$4,671,438

TOTAL PUBLIC FUNDS

$35,366,742

$35,366,742

$35,366,742

$35,366,742

Statewide Changes

260.1 WC, GTA, and GBA

State General Funds

$387

$387

$387

$387

One-Time Expense

260.7 Grants to assist Sheriffs in the implementation of Court House Security plans.

State General Funds

$500,000

$250,000

Changes in the Size of the Program

260.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to provide direct services to crime victims.

Federal Funds Not Itemized

$40,000

$40,000

260.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to improve the criminal justice system's response to violence against women.

Federal Funds Not Itemized

$344,194

$344,194

1726

JOURNAL OF THE SENATE

260.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to provide training and equipment to local law enforcement.

Federal Funds Not Itemized

$727,337

$727,337

260.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to control violent, drug related crime, and support national drug control priorities.

Federal Funds Not Itemized

$6,042,000

$6,042,000

260.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in agency funds

collected from the Crime Victim Emergency Fund.

Sales and Services Not Itemized

$4,041,000

$4,041,000

260. Criminal Justice Coordinating Council

Appropriation (HB1026)

The purpose is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure

communities, and to award grants from the Local Law Enforcement and Firefighter Fund.

TOTAL STATE FUNDS

$819,016

$819,016

$1,319,016

$1,069,016

State General Funds

$819,016

$819,016

$1,319,016

$1,069,016

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$37,030,206

$37,030,206

Federal Funds Not Itemized

$29,876,675

$29,876,675

$37,030,206

$37,030,206

TOTAL AGENCY FUNDS

$4,671,438

$4,671,438

$8,712,438

$8,712,438

Sales and Services

$4,671,438

$4,671,438

$8,712,438

$8,712,438

Sales and Services Not Itemized

$4,671,438

$4,671,438

$8,712,438

$8,712,438

TOTAL PUBLIC FUNDS

$35,367,129

$35,367,129

$47,061,660

$46,811,660

Section 30: Juvenile Justice, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$284,564,467 $284,564,467 $284,564,467 $284,564,467

State General Funds

$284,564,467 $284,564,467 $284,564,467 $284,564,467

TOTAL FEDERAL FUNDS

$21,119,067

$21,119,067

$21,119,067

$21,119,067

Federal Funds Not Itemized

$6,748,847

$6,748,847

$6,748,847

$6,748,847

Foster Care Title IV-E CFDA93.658

$5,237,264

$5,237,264

$5,237,264

$5,237,264

Medical Assistance Program CFDA93.778

$9,132,956

$9,132,956

$9,132,956

$9,132,956

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$144,960

$144,960

$144,960

$144,960

TOTAL PUBLIC FUNDS

$305,828,494 $305,828,494 $305,828,494 $305,828,494

Section Total - Final

WEDNESDAY, MARCH 8, 2006

1727

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS

$284,895,413 $284,895,413 $21,119,067
$6,748,847 $5,237,264 $9,132,956
$144,960 $306,159,440

$284,895,413 $284,895,413 $21,119,067
$6,748,847 $5,237,264 $9,132,956
$144,960 $306,159,440

$284,895,413 $284,895,413 $33,761,506 $19,344,698
$5,237,264 $9,179,544
$108,577 $88,092 $20,485 $545,744 $319,311,240

$284,895,413 $284,895,413 $33,761,406 $19,344,598
$5,237,264 $9,179,544
$148,560 $88,092 $60,468
$508,281 $319,313,660

Community Supervision

Continuation Budget

The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding

citizens.

TOTAL STATE FUNDS

$36,202,265

$36,202,265

$36,202,265

$36,202,265

State General Funds

$36,202,265

$36,202,265

$36,202,265

$36,202,265

TOTAL FEDERAL FUNDS

$4,347,003

$4,347,003

$4,347,003

$4,347,003

Foster Care Title IV-E CFDA93.658

$4,291,027

$4,291,027

$4,291,027

$4,291,027

Medical Assistance Program CFDA93.778

$55,976

$55,976

$55,976

$55,976

TOTAL PUBLIC FUNDS

$40,549,268

$40,549,268

$40,549,268

$40,549,268

Statewide Changes

261.1 WC, GTA, and GBA

State General Funds

$53,298

$53,298

$53,298

$53,298

Changes in the Size of the Program

261.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds for operating expenses, education, and workforce training.

Federal Funds Not Itemized

$1,067,024

$1,067,024

Reserved Fund Balances Not Itemized

$44,336

$44,336

TOTAL PUBLIC FUNDS

$1,111,360

$1,111,360

1728

JOURNAL OF THE SENATE

261. Community Supervision

Appropriation (HB1026)

The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding

citizens.

TOTAL STATE FUNDS

$36,255,563

$36,255,563

$36,255,563

$36,255,563

State General Funds

$36,255,563

$36,255,563

$36,255,563

$36,255,563

TOTAL FEDERAL FUNDS

$4,347,003

$4,347,003

$5,414,027

$5,414,027

Federal Funds Not Itemized

$1,067,024

$1,067,024

Foster Care Title IV-E CFDA93.658

$4,291,027

$4,291,027

$4,291,027

$4,291,027

Medical Assistance Program CFDA93.778

$55,976

$55,976

$55,976

$55,976

TOTAL AGENCY FUNDS

$44,336

$44,336

Reserved Fund Balances

$44,336

$44,336

Reserved Fund Balances Not Itemized

$44,336

$44,336

TOTAL PUBLIC FUNDS

$40,602,566

$40,602,566

$41,713,926

$41,713,926

Departmental Administration

Continuation Budget

The purpose is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions

through the delivery of effective services in appropriate settings.

TOTAL STATE FUNDS

$26,168,662

$26,168,662

$26,168,662

$26,168,662

State General Funds

$26,168,662

$26,168,662

$26,168,662

$26,168,662

TOTAL FEDERAL FUNDS

$198,219

$198,219

$198,219

$198,219

Federal Funds Not Itemized

$177,621

$177,621

$177,621

$177,621

Medical Assistance Program CFDA93.778

$20,598

$20,598

$20,598

$20,598

TOTAL PUBLIC FUNDS

$26,366,881

$26,366,881

$26,366,881

$26,366,881

Statewide Changes

262.1 WC, GTA, and GBA

State General Funds

$29,240

$29,240

$29,240

$29,240

Changes in the Size of the Program

262.2 Transfer funds from the Non-Secure Commitment program and the Secure Commitment program.

State General Funds

$177,557

$177,557

$177,557

$177,557

262.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognize agency funds for operating expenses, substance abuse treatment, and workforce training.

Federal Funds Not Itemized

$2,586,606

$2,586,606

WEDNESDAY, MARCH 8, 2006

1729

Medical Assistance Program CFDA93.778

$46,588

$46,588

Sales and Services Not Itemized

$7,385

$9,905

TOTAL PUBLIC FUNDS

$2,640,579

$2,643,099

262. Departmental Administration

Appropriation (HB1026)

The purpose is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions

through the delivery of effective services in appropriate settings.

TOTAL STATE FUNDS

$26,375,459

$26,375,459

$26,375,459

$26,375,459

State General Funds

$26,375,459

$26,375,459

$26,375,459

$26,375,459

TOTAL FEDERAL FUNDS

$198,219

$198,219

$2,831,413

$2,831,413

Federal Funds Not Itemized

$177,621

$177,621

$2,764,227

$2,764,227

Medical Assistance Program CFDA93.778

$20,598

$20,598

$67,186

$67,186

TOTAL AGENCY FUNDS

$7,385

$9,905

Sales and Services

$7,385

$9,905

Sales and Services Not Itemized

$7,385

$9,905

TOTAL PUBLIC FUNDS

$26,573,678

$26,573,678

$29,214,257

$29,216,777

Non-secure Commitment

Continuation Budget

The purpose is to protect the public, hold youth accountable for their actions and assist youth in becoming law-abiding

citizens by providing non-hardware secure community-based residential placement or services for committed youth.

TOTAL STATE FUNDS

$38,464,748

$38,464,748

$38,464,748

$38,464,748

State General Funds

$38,464,748

$38,464,748

$38,464,748

$38,464,748

TOTAL FEDERAL FUNDS

$10,002,619

$10,002,619

$10,002,619

$10,002,619

Foster Care Title IV-E CFDA93.658

$946,237

$946,237

$946,237

$946,237

Medical Assistance Program CFDA93.778

$9,056,382

$9,056,382

$9,056,382

$9,056,382

TOTAL PUBLIC FUNDS

$48,467,367

$48,467,367

$48,467,367

$48,467,367

Statewide Changes

263.1 WC, GTA, and GBA

State General Funds

$941

$941

$941

$941

Changes in the Size of the Program

263.2 Transfer funds to the Administration program and the Secure Detention program.

State General Funds

($468,733)

($468,733)

($468,733)

($468,733)

1730

JOURNAL OF THE SENATE

263. Non-secure Commitment

Appropriation (HB1026)

The purpose is to protect the public, hold youth accountable for their actions and assist youth in becoming law-abiding

citizens by providing non-hardware secure community-based residential placement or services for committed youth.

TOTAL STATE FUNDS

$37,996,956

$37,996,956

$37,996,956

$37,996,956

State General Funds

$37,996,956

$37,996,956

$37,996,956

$37,996,956

TOTAL FEDERAL FUNDS

$10,002,619

$10,002,619

$10,002,619

$10,002,619

Foster Care Title IV-E CFDA93.658

$946,237

$946,237

$946,237

$946,237

Medical Assistance Program CFDA93.778

$9,056,382

$9,056,382

$9,056,382

$9,056,382

TOTAL PUBLIC FUNDS

$47,999,575

$47,999,575

$47,999,575

$47,999,575

Non-secure Detention

Continuation Budget

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, non-secure,

community-based placements and/or services for lower-risk youth.

TOTAL STATE FUNDS

$9,088,116

$9,088,116

$9,088,116

$9,088,116

State General Funds

$9,088,116

$9,088,116

$9,088,116

$9,088,116

TOTAL PUBLIC FUNDS

$9,088,116

$9,088,116

$9,088,116

$9,088,116

Statewide Changes

264.1 WC, GTA, and GBA

State General Funds

$2,574

$2,574

$2,574

$2,574

264. Non-secure Detention

Appropriation (HB1026)

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, non-secure,

community-based placements and/or services for lower-risk youth.

TOTAL STATE FUNDS

$9,090,690

$9,090,690

$9,090,690

$9,090,690

State General Funds

$9,090,690

$9,090,690

$9,090,690

$9,090,690

TOTAL PUBLIC FUNDS

$9,090,690

$9,090,690

$9,090,690

$9,090,690

Secure Commitment (YDCs)

Continuation Budget

The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming

law-abiding citizens.

TOTAL STATE FUNDS

$83,766,215

$83,766,215

$83,766,215

$83,766,215

State General Funds

$83,766,215

$83,766,215

$83,766,215

$83,766,215

TOTAL FEDERAL FUNDS

$3,302,426

$3,302,426

$3,302,426

$3,302,426

Federal Funds Not Itemized

$3,302,426

$3,302,426

$3,302,426

$3,302,426

WEDNESDAY, MARCH 8, 2006

1731

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$48,800

$48,800

$48,800

$48,800

Agency to Agency Contracts

$48,800

$48,800

$48,800

$48,800

TOTAL PUBLIC FUNDS

$87,117,441

$87,117,441

$87,117,441

$87,117,441

Statewide Changes

265.1 WC, GTA, and GBA

State General Funds

$104,402

$104,402

$104,402

$104,402

Changes in the Size of the Program

265.2 Transfer funds to the Administration program and the Secure Detention program.

State General Funds

($58,011)

($58,011)

($58,011)

($58,011)

265.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognize agency funds for operating expenses, substance abuse treatment, and workforce training.

Federal Funds Not Itemized

$1,143,476

$1,143,476

Sales and Services Not Itemized

$37,463

Agency to Agency Contracts

$37,463

$0

TOTAL PUBLIC FUNDS

$1,180,939

$1,180,939

265. Secure Commitment (YDCs)

Appropriation (HB1026)

The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming

law-abiding citizens.

TOTAL STATE FUNDS

$83,812,606

$83,812,606

$83,812,606

$83,812,606

State General Funds

$83,812,606

$83,812,606

$83,812,606

$83,812,606

TOTAL FEDERAL FUNDS

$3,302,426

$3,302,426

$4,445,902

$4,445,902

Federal Funds Not Itemized

$3,302,426

$3,302,426

$4,445,902

$4,445,902

TOTAL AGENCY FUNDS

$37,463

Sales and Services

$37,463

Sales and Services Not Itemized

$37,463

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$48,800

$48,800

$86,263

$48,800

Agency to Agency Contracts

$48,800

$48,800

$86,263

$48,800

TOTAL PUBLIC FUNDS

$87,163,832

$87,163,832

$88,344,771

$88,344,771

Secure Detention (RYDCs)

Continuation Budget

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, secure, safe care,

and supervision of high-risk youth.

1732

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$89,536,547

$89,536,547

$89,536,547

$89,536,547

State General Funds

$89,536,547

$89,536,547

$89,536,547

$89,536,547

TOTAL FEDERAL FUNDS

$1,407,800

$1,407,800

$1,407,800

$1,407,800

Federal Funds Not Itemized

$1,407,800

$1,407,800

$1,407,800

$1,407,800

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$96,160

$96,160

$96,160

$96,160

Agency to Agency Contracts

$96,160

$96,160

$96,160

$96,160

TOTAL PUBLIC FUNDS

$91,040,507

$91,040,507

$91,040,507

$91,040,507

Statewide Changes

266.1 WC, GTA, and GBA

State General Funds

$139,972

$139,972

$139,972

$139,972

Changes in the Size of the Program

266.2 Transfer funds from the Non-Secure Commitment program and the Secure Commitment program.

State General Funds

$349,187

$349,187

$349,187

$349,187

266.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for education programs for youth.

Federal Funds Not Itemized

$43,885

$43,885

266. Secure Detention (RYDCs)

Appropriation (HB1026)

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, secure, safe care,

and supervision of high-risk youth.

TOTAL STATE FUNDS

$90,025,706

$90,025,706

$90,025,706

$90,025,706

State General Funds

$90,025,706

$90,025,706

$90,025,706

$90,025,706

TOTAL FEDERAL FUNDS

$1,407,800

$1,407,800

$1,451,685

$1,451,685

Federal Funds Not Itemized

$1,407,800

$1,407,800

$1,451,685

$1,451,685

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$96,160

$96,160

$96,160

$96,160

Agency to Agency Contracts

$96,160

$96,160

$96,160

$96,160

TOTAL PUBLIC FUNDS

$91,529,666

$91,529,666

$91,573,551

$91,573,551

Children and Youth Coordinating Council

Continuation Budget

The purpose is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS

$1,337,914

$1,337,914

$1,337,914

$1,337,914

State General Funds

$1,337,914

$1,337,914

$1,337,914

$1,337,914

TOTAL FEDERAL FUNDS

$1,861,000

$1,861,000

$1,861,000

$1,861,000

WEDNESDAY, MARCH 8, 2006

1733

Federal Funds Not Itemized

$1,861,000

$1,861,000

$1,861,000

$1,861,000

TOTAL PUBLIC FUNDS

$3,198,914

$3,198,914

$3,198,914

$3,198,914

Statewide Changes

267.1 WC, GTA, and GBA

State General Funds

$519

$519

$519

$519

Changes in the Size of the Program

267.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognize agency funds for operating expenses and various grants.

Federal Funds Not Itemized

$7,754,860

$7,754,760

Reserved Fund Balances Not Itemized

$43,756

$43,756

Sales and Services Not Itemized

$13,100

$13,100

Agency to Agency Contracts

$363,321

$363,321

TOTAL PUBLIC FUNDS

$8,175,037

$8,174,937

267. Children and Youth Coordinating Council

Appropriation (HB1026)

The purpose is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS

$1,338,433

$1,338,433

$1,338,433

$1,338,433

State General Funds

$1,338,433

$1,338,433

$1,338,433

$1,338,433

TOTAL FEDERAL FUNDS

$1,861,000

$1,861,000

$9,615,860

$9,615,760

Federal Funds Not Itemized

$1,861,000

$1,861,000

$9,615,860

$9,615,760

TOTAL AGENCY FUNDS

$56,856

$56,856

Reserved Fund Balances

$43,756

$43,756

Reserved Fund Balances Not Itemized

$43,756

$43,756

Sales and Services

$13,100

$13,100

Sales and Services Not Itemized

$13,100

$13,100

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$363,321

$363,321

Agency to Agency Contracts

$363,321

$363,321

TOTAL PUBLIC FUNDS

$3,199,433

$3,199,433

$11,374,470

$11,374,370

Section 31: Labor, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$51,010,633

$51,010,633

$51,010,633

$51,010,633

State General Funds

$51,010,633

$51,010,633

$51,010,633

$51,010,633

1734

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$273,983,612 $273,983,612 $273,983,612

Federal Funds Not Itemized

$261,082,394 $261,082,394 $261,082,394

Temporary Assistance for Needy Families

$12,901,218

$12,901,218

$12,901,218

TOTAL AGENCY FUNDS

$30,335,111

$30,335,111

$30,335,111

Sales and Services

$30,335,111

$30,335,111

$30,335,111

TOTAL PUBLIC FUNDS

$355,329,356 $355,329,356 $355,329,356

Section Total - Final

TOTAL STATE FUNDS

$53,757,359

$53,757,359

$53,816,359

State General Funds

$53,757,359

$53,757,359

$53,816,359

TOTAL FEDERAL FUNDS

$273,983,612 $273,983,612 $271,409,563

Federal Funds Not Itemized

$261,082,394 $261,082,394 $261,409,563

Temporary Assistance for Needy Families

$12,901,218

$12,901,218

$10,000,000

TOTAL AGENCY FUNDS

$30,335,111

$30,335,111

$30,335,111

Sales and Services

$30,335,111

$30,335,111

$30,335,111

TOTAL PUBLIC FUNDS

$358,076,082 $358,076,082 $355,561,033

Business Enterprise Program

Continuation Budget

The purpose is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$339,720

$339,720

$339,720

State General Funds

$339,720

$339,720

$339,720

TOTAL FEDERAL FUNDS

$1,316,085

$1,316,085

$1,316,085

Federal Funds Not Itemized

$1,316,085

$1,316,085

$1,316,085

TOTAL PUBLIC FUNDS

$1,655,805

$1,655,805

$1,655,805

Statewide Changes

268.1 WC, GTA, and GBA

State General Funds

$825

$825

$825

268. Business Enterprise Program

Appropriation (HB1026)

The purpose is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$340,545

$340,545

$340,545

State General Funds

$340,545

$340,545

$340,545

TOTAL FEDERAL FUNDS

$1,316,085

$1,316,085

$1,316,085

Federal Funds Not Itemized

$1,316,085

$1,316,085

$1,316,085

$273,983,612 $261,082,394 $12,901,218 $30,335,111 $30,335,111 $355,329,356
$53,816,359 $53,816,359 $271,409,563 $261,409,563 $10,000,000 $30,335,111 $30,335,111 $355,561,033
$339,720 $339,720 $1,316,085 $1,316,085 $1,655,805
$825
$340,545 $340,545 $1,316,085 $1,316,085

WEDNESDAY, MARCH 8, 2006

1735

TOTAL PUBLIC FUNDS

$1,656,630

$1,656,630

$1,656,630

$1,656,630

Department of Labor Administration

Continuation Budget

The purpose is to work with public and private partners in building a world-class workforce system that contributes to

Georgia's economic prosperity.

TOTAL STATE FUNDS

$3,236,310

$3,236,310

$3,236,310

$3,236,310

State General Funds

$3,236,310

$3,236,310

$3,236,310

$3,236,310

TOTAL FEDERAL FUNDS

$10,859,310

$10,859,310

$10,859,310

$10,859,310

Federal Funds Not Itemized

$10,859,310

$10,859,310

$10,859,310

$10,859,310

TOTAL PUBLIC FUNDS

$14,095,620

$14,095,620

$14,095,620

$14,095,620

Statewide Changes

269.1 WC, GTA, and GBA

State General Funds

$11,464

$11,464

$11,464

$11,464

269. Department of Labor Administration

Appropriation (HB1026)

The purpose is to work with public and private partners in building a world-class workforce system that contributes to

Georgia's economic prosperity.

TOTAL STATE FUNDS

$3,247,774

$3,247,774

$3,247,774

$3,247,774

State General Funds

$3,247,774

$3,247,774

$3,247,774

$3,247,774

TOTAL FEDERAL FUNDS

$10,859,310

$10,859,310

$10,859,310

$10,859,310

Federal Funds Not Itemized

$10,859,310

$10,859,310

$10,859,310

$10,859,310

TOTAL PUBLIC FUNDS

$14,107,084

$14,107,084

$14,107,084

$14,107,084

Disability Adjudication Section

Continuation Budget

The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain

support.

TOTAL FEDERAL FUNDS

$55,598,820

$55,598,820

$55,598,820

$55,598,820

Federal Funds Not Itemized

$55,598,820

$55,598,820

$55,598,820

$55,598,820

TOTAL PUBLIC FUNDS

$55,598,820

$55,598,820

$55,598,820

$55,598,820

270. Disability Adjudication Section

Appropriation (HB1026)

The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain

support.

TOTAL FEDERAL FUNDS

$55,598,820

$55,598,820

$55,598,820

$55,598,820

Federal Funds Not Itemized

$55,598,820

$55,598,820

$55,598,820

$55,598,820

1736

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$55,598,820

$55,598,820

$55,598,820

$55,598,820

Division of Rehabilitation Administration

Continuation Budget

The purpose is to help people with disabilities to become fully productive members of society by achieving independence

and meaningful employment.

TOTAL STATE FUNDS

$2,167,612

$2,167,612

$2,167,612

$2,167,612

State General Funds

$2,167,612

$2,167,612

$2,167,612

$2,167,612

TOTAL FEDERAL FUNDS

$1,481,868

$1,481,868

$1,481,868

$1,481,868

Federal Funds Not Itemized

$1,481,868

$1,481,868

$1,481,868

$1,481,868

TOTAL PUBLIC FUNDS

$3,649,480

$3,649,480

$3,649,480

$3,649,480

Statewide Changes

271.1 WC, GTA, and GBA

State General Funds

$5,090

$5,090

$5,090

$5,090

271. Division of Rehabilitation Administration

Appropriation (HB1026)

The purpose is to help people with disabilities to become fully productive members of society by achieving independence

and meaningful employment.

TOTAL STATE FUNDS

$2,172,702

$2,172,702

$2,172,702

$2,172,702

State General Funds

$2,172,702

$2,172,702

$2,172,702

$2,172,702

TOTAL FEDERAL FUNDS

$1,481,868

$1,481,868

$1,481,868

$1,481,868

Federal Funds Not Itemized

$1,481,868

$1,481,868

$1,481,868

$1,481,868

TOTAL PUBLIC FUNDS

$3,654,570

$3,654,570

$3,654,570

$3,654,570

Georgia Industries for the Blind

Continuation Budget

The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS

$692,348

$692,348

$692,348

$692,348

State General Funds

$692,348

$692,348

$692,348

$692,348

TOTAL AGENCY FUNDS

$11,099,375

$11,099,375

$11,099,375

$11,099,375

Sales and Services

$11,099,375

$11,099,375

$11,099,375

$11,099,375

Sales and Services Not Itemized

$11,099,375

$11,099,375

$11,099,375

$11,099,375

TOTAL PUBLIC FUNDS

$11,791,723

$11,791,723

$11,791,723

$11,791,723

Statewide Changes

272.1 WC, GTA, and GBA

State General Funds

$3,204

$3,204

$3,204

$3,204

WEDNESDAY, MARCH 8, 2006

1737

272. Georgia Industries for the Blind

Appropriation (HB1026)

The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS

$695,552

$695,552

$695,552

$695,552

State General Funds

$695,552

$695,552

$695,552

$695,552

TOTAL AGENCY FUNDS

$11,099,375

$11,099,375

$11,099,375

$11,099,375

Sales and Services

$11,099,375

$11,099,375

$11,099,375

$11,099,375

Sales and Services Not Itemized

$11,099,375

$11,099,375

$11,099,375

$11,099,375

TOTAL PUBLIC FUNDS

$11,794,927

$11,794,927

$11,794,927

$11,794,927

Labor Market Information

Continuation Budget

The purpose is to collect, analyze, and publish a wide array of information about the state's labor market.

TOTAL STATE FUNDS

$671,271

$671,271

$671,271

$671,271

State General Funds

$671,271

$671,271

$671,271

$671,271

TOTAL FEDERAL FUNDS

$2,249,873

$2,249,873

$2,249,873

$2,249,873

Federal Funds Not Itemized

$2,249,873

$2,249,873

$2,249,873

$2,249,873

TOTAL PUBLIC FUNDS

$2,921,144

$2,921,144

$2,921,144

$2,921,144

Statewide Changes

273.1 WC, GTA, and GBA

State General Funds

$2,717

$2,717

$2,717

$2,717

Changes in Operations / Administration

273.2 Increase funding (S and CC:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to

eligible programs).

State General Funds

$65,154

$65,154

$0

$0

273. Labor Market Information

Appropriation (HB1026)

The purpose is to collect, analyze, and publish a wide array of information about the state's labor market.

TOTAL STATE FUNDS

$739,142

$739,142

$673,988

$673,988

State General Funds

$739,142

$739,142

$673,988

$673,988

TOTAL FEDERAL FUNDS

$2,249,873

$2,249,873

$2,249,873

$2,249,873

Federal Funds Not Itemized

$2,249,873

$2,249,873

$2,249,873

$2,249,873

TOTAL PUBLIC FUNDS

$2,989,015

$2,989,015

$2,923,861

$2,923,861

Roosevelt Warm Springs Institute

Continuation Budget

The purpose is to empower individuals with disabilities to achieve personal independence.

1738

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$6,662,908

$6,662,908

$6,662,908

$6,662,908

State General Funds

$6,662,908

$6,662,908

$6,662,908

$6,662,908

TOTAL FEDERAL FUNDS

$6,237,969

$6,237,969

$6,237,969

$6,237,969

Federal Funds Not Itemized

$6,237,969

$6,237,969

$6,237,969

$6,237,969

TOTAL AGENCY FUNDS

$18,429,520

$18,429,520

$18,429,520

$18,429,520

Sales and Services

$18,429,520

$18,429,520

$18,429,520

$18,429,520

Sales and Services Not Itemized

$18,429,520

$18,429,520

$18,429,520

$18,429,520

TOTAL PUBLIC FUNDS

$31,330,397

$31,330,397

$31,330,397

$31,330,397

Statewide Changes

274.1 WC, GTA, and GBA

State General Funds

$21,008

$21,008

$21,008

$21,008

One-Time Expense

274.2 Increase funding to cover expense of housing a group home displaced by Hurricane Katrina. (S and CC:Per 42

U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs).

State General Funds

$41,127

$41,127

$0

$0

Changes in How the Program is Funded

274.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$140,953

$140,953

274. Roosevelt Warm Springs Institute

Appropriation (HB1026)

The purpose is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS

$6,725,043

$6,725,043

$6,683,916

State General Funds

$6,725,043

$6,725,043

$6,683,916

TOTAL FEDERAL FUNDS

$6,237,969

$6,237,969

$6,378,922

Federal Funds Not Itemized

$6,237,969

$6,237,969

$6,378,922

TOTAL AGENCY FUNDS

$18,429,520

$18,429,520

$18,429,520

Sales and Services

$18,429,520

$18,429,520

$18,429,520

Sales and Services Not Itemized

$18,429,520

$18,429,520

$18,429,520

TOTAL PUBLIC FUNDS

$31,392,532

$31,392,532

$31,492,358

$6,683,916 $6,683,916 $6,378,922 $6,378,922 $18,429,520 $18,429,520 $18,429,520 $31,492,358

WEDNESDAY, MARCH 8, 2006

1739

Safety Inspections

Continuation Budget

The purpose is to promote and protect public safety, to provide training and information on workplace exposure to

hazardous chemicals, and to promote industrial safety.

TOTAL STATE FUNDS

$2,664,002

$2,664,002

$2,664,002

$2,664,002

State General Funds

$2,664,002

$2,664,002

$2,664,002

$2,664,002

TOTAL FEDERAL FUNDS

$168,552

$168,552

$168,552

$168,552

Federal Funds Not Itemized

$168,552

$168,552

$168,552

$168,552

TOTAL PUBLIC FUNDS

$2,832,554

$2,832,554

$2,832,554

$2,832,554

Statewide Changes

275.1 WC, GTA, and GBA

State General Funds

$9,261

$9,261

$9,261

$9,261

275. Safety Inspections

Appropriation (HB1026)

The purpose is to promote and protect public safety, to provide training and information on workplace exposure to

hazardous chemicals, and to promote industrial safety.

TOTAL STATE FUNDS

$2,673,263

$2,673,263

$2,673,263

$2,673,263

State General Funds

$2,673,263

$2,673,263

$2,673,263

$2,673,263

TOTAL FEDERAL FUNDS

$168,552

$168,552

$168,552

$168,552

Federal Funds Not Itemized

$168,552

$168,552

$168,552

$168,552

TOTAL PUBLIC FUNDS

$2,841,815

$2,841,815

$2,841,815

$2,841,815

Unemployment Insurance

Continuation Budget

The purpose is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's

employers and distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS

$10,056,056

$10,056,056

$10,056,056

$10,056,056

State General Funds

$10,056,056

$10,056,056

$10,056,056

$10,056,056

TOTAL FEDERAL FUNDS

$36,610,816

$36,610,816

$36,610,816

$36,610,816

Federal Funds Not Itemized

$36,610,816

$36,610,816

$36,610,816

$36,610,816

TOTAL PUBLIC FUNDS

$46,666,872

$46,666,872

$46,666,872

$46,666,872

Statewide Changes

276.1 WC, GTA, and GBA

State General Funds

$37,285

$37,285

$37,285

$37,285

One-Time Expense

1740

JOURNAL OF THE SENATE

276.2 Increase funding due to an increase of 13,000 unemployment claims by evacuees of Hurricane Katrina. This

funding is for claims processing only. Unemployment benefits paid to these evacuees are charged to their home

state's unemployment trust fund (S and CC:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative

Assessments to eligible programs).

State General Funds

$930,966

$930,966

$930,966

$930,966

276. Unemployment Insurance

Appropriation (HB1026)

The purpose is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's

employers and distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS

$11,024,307

$11,024,307

$11,024,307

$11,024,307

State General Funds

$11,024,307

$11,024,307

$11,024,307

$11,024,307

TOTAL FEDERAL FUNDS

$36,610,816

$36,610,816

$36,610,816

$36,610,816

Federal Funds Not Itemized

$36,610,816

$36,610,816

$36,610,816

$36,610,816

TOTAL PUBLIC FUNDS

$47,635,123

$47,635,123

$47,635,123

$47,635,123

Vocational Rehabilitation Program

Continuation Budget

The purpose is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS

$16,784,521

$16,784,521

$16,784,521

$16,784,521

State General Funds

$16,784,521

$16,784,521

$16,784,521

$16,784,521

TOTAL FEDERAL FUNDS

$68,844,924

$68,844,924

$68,844,924

$68,844,924

Federal Funds Not Itemized

$66,344,924

$66,344,924

$66,344,924

$66,344,924

Temporary Assistance for Needy Families

$2,500,000

$2,500,000

$2,500,000

$2,500,000

Temporary Assistance for Needy Families Block Grant

$2,500,000

$2,500,000

$2,500,000

$2,500,000

CFDA 93.558

TOTAL AGENCY FUNDS

$806,216

$806,216

$806,216

$806,216

Sales and Services

$806,216

$806,216

$806,216

$806,216

Sales and Services Not Itemized

$806,216

$806,216

$806,216

$806,216

TOTAL PUBLIC FUNDS

$86,435,661

$86,435,661

$86,435,661

$86,435,661

Statewide Changes

277.1 WC, GTA, and GBA

State General Funds

$29,318

$29,318

$29,318

$29,318

Changes in Operations / Administration

277.3 Reduce funding to projected expenditures based on SFY 2005 cost levels.

WEDNESDAY, MARCH 8, 2006

1741

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($800,000)

($800,000)

One-Time Expense

277.2 Increase funding to cover expense of serving those displaced by Hurricane Katrina. (S and CC:Per 42 U.S.C.

503(a)(1) move funds collected under Administrative Assessments to eligible programs).

State General Funds

$182,654

$182,654

$0

$0

277.4 Provide supplemental funding for the Georgia Radio Reading Service.

State General Funds

$59,000

$59,000

Changes in How the Program is Funded

277.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds

that support current operations.

Federal Funds Not Itemized

$186,216

$186,216

277. Vocational Rehabilitation Program

Appropriation (HB1026)

The purpose is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS

$16,996,493

$16,996,493

$16,872,839

$16,872,839

State General Funds

$16,996,493

$16,996,493

$16,872,839

$16,872,839

TOTAL FEDERAL FUNDS

$68,844,924

$68,844,924

$68,231,140

$68,231,140

Federal Funds Not Itemized

$66,344,924

$66,344,924

$66,531,140

$66,531,140

Temporary Assistance for Needy Families

$2,500,000

$2,500,000

$1,700,000

$1,700,000

Temporary Assistance for Needy Families Block Grant

$2,500,000

$2,500,000

$1,700,000

$1,700,000

CFDA 93.558

TOTAL AGENCY FUNDS

$806,216

$806,216

$806,216

$806,216

Sales and Services

$806,216

$806,216

$806,216

$806,216

Sales and Services Not Itemized

$806,216

$806,216

$806,216

$806,216

TOTAL PUBLIC FUNDS

$86,647,633

$86,647,633

$85,910,195

$85,910,195

Workforce Development

Continuation Budget

The purpose is to assist employers and job seekers with job matching services and to promote economic growth and

development.

TOTAL STATE FUNDS

$7,642,713

$7,642,713

$7,642,713

$7,642,713

State General Funds

$7,642,713

$7,642,713

$7,642,713

$7,642,713

TOTAL FEDERAL FUNDS

$90,615,395

$90,615,395

$90,615,395

$90,615,395

Federal Funds Not Itemized

$80,214,177

$80,214,177

$80,214,177

$80,214,177

1742

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families

$10,401,218

$10,401,218

$10,401,218

$10,401,218

Temporary Assistance for Needy Families Block Grant

$10,401,218

$10,401,218

$10,401,218

$10,401,218

CFDA 93.558

TOTAL PUBLIC FUNDS

$98,258,108

$98,258,108

$98,258,108

$98,258,108

Statewide Changes

278.1 WC, GTA, and GBA

State General Funds

$26,554

$26,554

$26,554

$26,554

Changes in Operations / Administration

278.3 Reduce funding to projected expenditures based on SFY 2005 cost levels.

Temporary Assistance for Needy Families Block Grant CFDA

($2,101,218)

($2,101,218)

93.558

One-Time Expense

278.2 Increase funding due to higher expenditures at career centers and fairs for Hurricane Katrina evacuees. (S and

CC:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs).

State General Funds

$1,380,099

$1,380,099

$1,669,034

$1,669,034

278. Workforce Development

Appropriation (HB1026)

The purpose is to assist employers and job seekers with job matching services and to promote economic growth and

development.

TOTAL STATE FUNDS

$9,049,366

$9,049,366

$9,338,301

$9,338,301

State General Funds

$9,049,366

$9,049,366

$9,338,301

$9,338,301

TOTAL FEDERAL FUNDS

$90,615,395

$90,615,395

$88,514,177

$88,514,177

Federal Funds Not Itemized

$80,214,177

$80,214,177

$80,214,177

$80,214,177

Temporary Assistance for Needy Families

$10,401,218

$10,401,218

$8,300,000

$8,300,000

Temporary Assistance for Needy Families Block Grant

$10,401,218

$10,401,218

$8,300,000

$8,300,000

CFDA 93.558

TOTAL PUBLIC FUNDS

$99,664,761

$99,664,761

$97,852,478

$97,852,478

Commission on Women

Continuation Budget

The purpose is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS

$93,172

$93,172

$93,172

$93,172

State General Funds

$93,172

$93,172

$93,172

$93,172

TOTAL PUBLIC FUNDS

$93,172

$93,172

$93,172

$93,172

WEDNESDAY, MARCH 8, 2006

1743

279. Commission on Women

Appropriation (HB1026)

The purpose is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS

$93,172

$93,172

$93,172

$93,172

State General Funds

$93,172

$93,172

$93,172

$93,172

TOTAL PUBLIC FUNDS

$93,172

$93,172

$93,172

$93,172

Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund

by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-

147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the

unemployment compensation law and public employment offices, including workforce information service delivery,

technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings,

fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code

Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section

903 (d) (4) of the Social Security Act. Provided further, that no funds shall be expended until approved by the Office of

Planning and Budget.

Section 32: Law, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$13,659,592

$13,659,592

$13,659,592

$13,659,592

State General Funds

$13,659,592

$13,659,592

$13,659,592

$13,659,592

TOTAL AGENCY FUNDS

$795,143

$795,143

$795,143

$795,143

Contributions, Donations, and Forfeitures

$794,143

$794,143

$794,143

$794,143

Sales and Services

$1,000

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$21,006,280

$21,006,280

TOTAL PUBLIC FUNDS

$35,461,015

$35,461,015

$35,461,015

$35,461,015

Section Total - Final

TOTAL STATE FUNDS

$13,826,570

$13,826,570

$13,826,570

$13,826,570

State General Funds

$13,826,570

$13,826,570

$13,826,570

$13,826,570

TOTAL AGENCY FUNDS

$795,143

$795,143

$816,543

$816,543

Contributions, Donations, and Forfeitures

$794,143

$794,143

$815,543

$815,543

Sales and Services

$1,000

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$31,028,280

$31,028,280

TOTAL PUBLIC FUNDS

$35,627,993

$35,627,993

$45,671,393

$45,671,393

1744

JOURNAL OF THE SENATE

Law, Department of

Continuation Budget

The purpose is to serve the citizens of the State of Georgia by providing legal representation of the highest quality to the

agencies, officers and employees of state government.

TOTAL STATE FUNDS

$13,659,592

$13,659,592

$13,659,592

$13,659,592

State General Funds

$13,659,592

$13,659,592

$13,659,592

$13,659,592

TOTAL AGENCY FUNDS

$795,143

$795,143

$795,143

$795,143

Contributions, Donations, and Forfeitures

$794,143

$794,143

$794,143

$794,143

Contributions, Donations, and Forfeitures Not Itemized

$794,143

$794,143

$794,143

$794,143

Sales and Services

$1,000

$1,000

$1,000

$1,000

Sales and Services Not Itemized

$1,000

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$21,006,280

$21,006,280

Legal Services - Client Reimbursable per 45-15-4

$21,006,280

$21,006,280

$21,006,280

$21,006,280

TOTAL PUBLIC FUNDS

$35,461,015

$35,461,015

$35,461,015

$35,461,015

Statewide Changes

280.1 WC, GTA, and GBA

State General Funds

$6,302

$6,302

$6,302

$6,302

One-Time Expense

280.2 Provide funds for financial review for sale of four public hospitals due to the Hospital Acquisition Act.

State General Funds

$160,676

$160,676

$160,676

$160,676

Changes in the Size of the Program

280.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing funds

received from forfeitures and client reimbursements.

Contributions, Donations, and Forfeitures Not Itemized

$21,400

$21,400

Legal Services - Client Reimbursable per 45-15-4

$10,022,000

$10,022,000

TOTAL PUBLIC FUNDS

$10,043,400

$10,043,400

280. Law, Department of

Appropriation (HB1026)

The purpose is to serve the citizens of the State of Georgia by providing legal representation of the highest quality to the

agencies, officers and employees of state government.

TOTAL STATE FUNDS

$13,826,570

$13,826,570

$13,826,570

$13,826,570

State General Funds

$13,826,570

$13,826,570

$13,826,570

$13,826,570

TOTAL AGENCY FUNDS

$795,143

$795,143

$816,543

$816,543

WEDNESDAY, MARCH 8, 2006

1745

Contributions, Donations, and Forfeitures

$794,143

$794,143

$815,543

$815,543

Contributions, Donations, and Forfeitures Not Itemized

$794,143

$794,143

$815,543

$815,543

Sales and Services

$1,000

$1,000

$1,000

$1,000

Sales and Services Not Itemized

$1,000

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$31,028,280

$31,028,280

Legal Services - Client Reimbursable per 45-15-4

$21,006,280

$21,006,280

$31,028,280

$31,028,280

TOTAL PUBLIC FUNDS

$35,627,993

$35,627,993

$45,671,393

$45,671,393

Section 33: State Merit System of Personnel Administration

Section Total - Continuation

TOTAL AGENCY FUNDS

$1,337,147

$1,337,147

$1,337,147

$1,337,147

Reserved Fund Balances

$1,161,033

$1,161,033

$1,161,033

$1,161,033

Sales and Services

$176,114

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$12,273,022

$12,273,022

$12,273,022

$12,273,022

TOTAL PUBLIC FUNDS

$13,610,169

$13,610,169

$13,610,169

$13,610,169

Section Total - Final

TOTAL AGENCY FUNDS

$1,337,147

$1,337,147

$1,533,844

$1,533,844

Reserved Fund Balances

$1,161,033

$1,161,033

$1,357,730

$1,357,730

Sales and Services

$176,114

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$12,279,322

$12,279,322

$16,765,442

$16,765,442

TOTAL PUBLIC FUNDS

$13,616,469

$13,616,469

$18,299,286

$18,299,286

Recruitment and Staffing Services

Continuation Budget

The purpose is to provide a central point of contact for the general public.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,321,434

$1,321,434

$1,321,434

$1,321,434

Merit System Assessments

$1,247,721

$1,247,721

$1,247,721

$1,247,721

Merit System Training and Compensation Fees

$73,713

$73,713

$73,713

$73,713

TOTAL PUBLIC FUNDS

$1,321,434

$1,321,434

$1,321,434

$1,321,434

Statewide Changes

281.1 WC, GTA, and GBA

Merit System Assessments

$1,027

$1,027

$1,027

$1,027

281. Recruitment and Staffing Services

Appropriation (HB1026)

The purpose is to provide a central point of contact for the general public.

1746

JOURNAL OF THE SENATE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,322,461

$1,322,461

$1,322,461

$1,322,461

Merit System Assessments

$1,248,748

$1,248,748

$1,248,748

$1,248,748

Merit System Training and Compensation Fees

$73,713

$73,713

$73,713

$73,713

TOTAL PUBLIC FUNDS

$1,322,461

$1,322,461

$1,322,461

$1,322,461

System Administration

Continuation Budget

The purpose is to provide administrative and technical support to the agency.

TOTAL AGENCY FUNDS

$49,578

$49,578

$49,578

$49,578

Reserved Fund Balances

$49,578

$49,578

$49,578

$49,578

Reserved Fund Balances Not Itemized

$49,578

$49,578

$49,578

$49,578

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,167,679

$4,167,679

$4,167,679

$4,167,679

Merit System Assessments

$4,163,792

$4,163,792

$4,163,792

$4,163,792

Merit System Training and Compensation Fees

$3,887

$3,887

$3,887

$3,887

TOTAL PUBLIC FUNDS

$4,217,257

$4,217,257

$4,217,257

$4,217,257

Statewide Changes

282.1 WC, GTA, and GBA

Merit System Assessments

$2,655

$2,655

$2,655

$2,655

One-Time Expense

282.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for

reimbursements associated with travel costs.

Merit System Assessments

$2,090

$2,090

282. System Administration

Appropriation (HB1026)

The purpose is to provide administrative and technical support to the agency.

TOTAL AGENCY FUNDS

$49,578

$49,578

$49,578

$49,578

Reserved Fund Balances

$49,578

$49,578

$49,578

$49,578

Reserved Fund Balances Not Itemized

$49,578

$49,578

$49,578

$49,578

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,170,334

$4,170,334

$4,172,424

$4,172,424

Merit System Assessments

$4,166,447

$4,166,447

$4,168,537

$4,168,537

Merit System Training and Compensation Fees

$3,887

$3,887

$3,887

$3,887

TOTAL PUBLIC FUNDS

$4,219,912

$4,219,912

$4,222,002

$4,222,002

Total Compensation and Rewards

Continuation Budget

The purpose is to ensure fair and consistent employee compensation practices across state agencies.

WEDNESDAY, MARCH 8, 2006

1747

TOTAL AGENCY FUNDS

$1,287,569

$1,287,569

$1,287,569

$1,287,569

Reserved Fund Balances

$1,111,455

$1,111,455

$1,111,455

$1,111,455

Reserved Fund Balances Not Itemized

$1,111,455

$1,111,455

$1,111,455

$1,111,455

Sales and Services

$176,114

$176,114

$176,114

$176,114

Sales and Services Not Itemized

$176,114

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,278,690

$3,278,690

$3,278,690

$3,278,690

Merit System Assessments

$3,250,459

$3,250,459

$3,250,459

$3,250,459

Merit System Training and Compensation Fees

$28,231

$28,231

$28,231

$28,231

TOTAL PUBLIC FUNDS

$4,566,259

$4,566,259

$4,566,259

$4,566,259

Statewide Changes

283.1 WC, GTA, and GBA

Merit System Assessments

$1,730

$1,730

$1,730

$1,730

Changes in the Size of the Program

283.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for

Commission for a New Georgia recommendations and PeopleSoft upgrades.

Reserved Fund Balances Not Itemized

$196,697

$196,697

Agency to Agency Contracts

$2,350,000

$2,350,000

TOTAL PUBLIC FUNDS

$2,546,697

$2,546,697

283. Total Compensation and Rewards

Appropriation (HB1026)

The purpose is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL AGENCY FUNDS

$1,287,569

$1,287,569

$1,484,266

$1,484,266

Reserved Fund Balances

$1,111,455

$1,111,455

$1,308,152

$1,308,152

Reserved Fund Balances Not Itemized

$1,111,455

$1,111,455

$1,308,152

$1,308,152

Sales and Services

$176,114

$176,114

$176,114

$176,114

Sales and Services Not Itemized

$176,114

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,280,420

$3,280,420

$5,630,420

$5,630,420

Agency to Agency Contracts

$2,350,000

$2,350,000

Merit System Assessments

$3,252,189

$3,252,189

$3,252,189

$3,252,189

Merit System Training and Compensation Fees

$28,231

$28,231

$28,231

$28,231

TOTAL PUBLIC FUNDS

$4,567,989

$4,567,989

$7,114,686

$7,114,686

1748

JOURNAL OF THE SENATE

Workforce Development and Alignment

Continuation Budget

The purpose is to provide continuous opportunities for state employees to grow and develop professionally resulting in

increased productivity for state agencies and entities.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,505,219

$3,505,219

$3,505,219

$3,505,219

Merit System Assessments

$3,065,452

$3,065,452

$3,065,452

$3,065,452

Merit System Training and Compensation Fees

$439,767

$439,767

$439,767

$439,767

TOTAL PUBLIC FUNDS

$3,505,219

$3,505,219

$3,505,219

$3,505,219

Statewide Changes

284.1 WC, GTA, and GBA

Merit System Assessments

$888

$888

$888

$888

Changes in the Size of the Program

284.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for

Commission for a New Georgia recommendations and mail, consulting, and legal expenses.

Agency to Agency Contracts

$825,000

$825,000

Merit System Assessments

$1,309,030

$1,309,030

TOTAL PUBLIC FUNDS

$2,134,030

$2,134,030

284. Workforce Development and Alignment

Appropriation (HB1026)

The purpose is to provide continuous opportunities for state employees to grow and develop professionally resulting in

increased productivity for state agencies and entities.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,506,107

$3,506,107

$5,640,137

$5,640,137

Agency to Agency Contracts

$825,000

$825,000

Merit System Assessments

$3,066,340

$3,066,340

$4,375,370

$4,375,370

Merit System Training and Compensation Fees

$439,767

$439,767

$439,767

$439,767

TOTAL PUBLIC FUNDS

$3,506,107

$3,506,107

$5,640,137

$5,640,137

The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations

and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal

year.

Section 34: Natural Resources, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$98,464,233

$98,464,233

$98,464,233

$98,464,233

State General Funds

$98,464,233

$98,464,233

$98,464,233

$98,464,233

WEDNESDAY, MARCH 8, 2006

1749

TOTAL FEDERAL FUNDS

$20,863,133

$20,863,133

$20,863,133

$20,863,133

Federal Funds Not Itemized

$20,416,291

$20,416,291

$20,416,291

$20,416,291

Federal Highway Administration Planning & Construction

$446,842

$446,842

$446,842

$446,842

CFDA20.205

TOTAL AGENCY FUNDS

$74,871,963

$74,871,963

$74,871,963

$74,871,963

Reserved Fund Balances

$677,763

$677,763

$677,763

$677,763

Intergovernmental Transfers

$3,707,103

$3,707,103

$3,707,103

$3,707,103

Royalties and Rents

$16,276

$16,276

$16,276

$16,276

Sales and Services

$70,470,821

$70,470,821

$70,470,821

$70,470,821

TOTAL PUBLIC FUNDS

$194,199,329 $194,199,329 $194,199,329 $194,199,329

Section Total - Final

TOTAL STATE FUNDS

$114,020,721 $114,370,721 $114,370,721 $114,550,721

State General Funds

$114,020,721 $114,370,721 $114,370,721 $114,550,721

TOTAL FEDERAL FUNDS

$10,070,605

$10,070,605

$20,863,133

$20,863,133

Federal Funds Not Itemized

$10,070,605

$10,070,605

$20,416,291

$20,416,291

Federal Highway Administration Planning & Construction

$446,842

$446,842

CFDA20.205

TOTAL AGENCY FUNDS

$25,491,011

$25,491,011

$74,385,997

$74,205,997

Reserved Fund Balances

$103,913

$103,913

$857,763

$677,763

Intergovernmental Transfers

$3,041,137

$3,041,137

$3,041,137

$3,041,137

Royalties and Rents

$15,250

$15,250

$16,276

$16,276

Sales and Services

$22,330,711

$22,330,711

$70,470,821

$70,470,821

TOTAL PUBLIC FUNDS

$149,582,337 $149,932,337 $209,619,851 $209,619,851

Coastal Resources

Continuation Budget

The purpose is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental,

historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations.

TOTAL STATE FUNDS

$2,323,120

$2,323,120

$2,323,120

$2,323,120

State General Funds

$2,323,120

$2,323,120

$2,323,120

$2,323,120

TOTAL FEDERAL FUNDS

$170,862

$170,862

$170,862

$170,862

Federal Funds Not Itemized

$170,862

$170,862

$170,862

$170,862

TOTAL PUBLIC FUNDS

$2,493,982

$2,493,982

$2,493,982

$2,493,982

1750

JOURNAL OF THE SENATE

Statewide Changes

285.1 WC, GTA, and GBA

State General Funds

$18,923

$18,923

$18,923

$18,923

One-Time Expense

285.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles.

State General Funds

$39,000

$39,000

$39,000

$39,000

285. Coastal Resources

Appropriation (HB1026)

The purpose is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental,

historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations.

TOTAL STATE FUNDS

$2,381,043

$2,381,043

$2,381,043

$2,381,043

State General Funds

$2,381,043

$2,381,043

$2,381,043

$2,381,043

TOTAL FEDERAL FUNDS

$170,862

$170,862

$170,862

$170,862

Federal Funds Not Itemized

$170,862

$170,862

$170,862

$170,862

TOTAL PUBLIC FUNDS

$2,551,905

$2,551,905

$2,551,905

$2,551,905

Departmental Administration

Continuation Budget

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$9,368,088

$9,368,088

$9,368,088

$9,368,088

State General Funds

$9,368,088

$9,368,088

$9,368,088

$9,368,088

TOTAL FEDERAL FUNDS

$53,814

$53,814

$53,814

$53,814

Federal Funds Not Itemized

$53,814

$53,814

$53,814

$53,814

TOTAL PUBLIC FUNDS

$9,421,902

$9,421,902

$9,421,902

$9,421,902

Statewide Changes

286.1 WC, GTA, and GBA

State General Funds

$73,839

$73,839

$73,839

$73,839

Changes in How the Program is Funded

286.2 Remove fund sources.

Federal Funds Not Itemized

($53,814)

($53,814)

$0

$0

TOTAL PUBLIC FUNDS

($53,814)

($53,814)

$0

$0

286. Departmental Administration

Appropriation (HB1026)

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$9,441,927

$9,441,927

$9,441,927

$9,441,927

WEDNESDAY, MARCH 8, 2006

1751

State General Funds

$9,441,927

$9,441,927

$9,441,927

$9,441,927

TOTAL FEDERAL FUNDS

$53,814

$53,814

Federal Funds Not Itemized

$53,814

$53,814

TOTAL PUBLIC FUNDS

$9,441,927

$9,441,927

$9,495,741

$9,495,741

Environmental Protection

Continuation Budget

The purpose is to help provide Georgia's citizens with clean air, clean water, healthy lives and productive land by assuring

compliance with environmental laws and by assisting others to do their part for a better environment.

TOTAL STATE FUNDS

$26,207,788

$26,207,788

$26,207,788

$26,207,788

State General Funds

$26,207,788

$26,207,788

$26,207,788

$26,207,788

TOTAL FEDERAL FUNDS

$9,850,960

$9,850,960

$9,850,960

$9,850,960

Federal Funds Not Itemized

$9,414,118

$9,414,118

$9,414,118

$9,414,118

Federal Highway Administration Planning & Construction

$436,842

$436,842

$436,842

$436,842

CFDA20.205

TOTAL AGENCY FUNDS

$50,258,738

$50,258,738

$50,258,738

$50,258,738

Sales and Services

$50,258,738

$50,258,738

$50,258,738

$50,258,738

Sales and Services Not Itemized

$50,258,738

$50,258,738

$50,258,738

$50,258,738

TOTAL PUBLIC FUNDS

$86,317,486

$86,317,486

$86,317,486

$86,317,486

Statewide Changes

287.1 WC, GTA, and GBA

State General Funds

$301,441

$301,441

$301,441

$301,441

One-Time Expense

287.2 Provide additional funds for on-going water-related litigation.

State General Funds

$600,000

$600,000

$600,000

$600,000

Changes in How the Program is Funded

287.3 Remove fund sources.

Federal Funds Not Itemized

($6,050,957)

($6,050,957)

$0

$0

Federal Highway Administration Planning & Construction

($436,842)

($436,842)

$0

$0

CFDA20.205

Sales and Services Not Itemized

($43,461,181) ($43,461,181)

$0

$0

TOTAL PUBLIC FUNDS

($49,948,980) ($49,948,980)

$0

$0

1752

JOURNAL OF THE SENATE

Changes in the Size of the Program

287.4 Transfer Solid Waste Trust Fund into the Environmental Protection program.

State General Funds

$1,500,000

$1,500,000

$0

$0

287.5 Transfer the Hazardous Waste Trust Fund into the Environmental Protection program.

State General Funds

$7,600,000

$7,600,000

$0

$0

Federal Funds Not Itemized

$73,850

$73,850

$0

$0

TOTAL PUBLIC FUNDS

$7,673,850

$7,673,850

$0

$0

287.6 Increase funding from $1.5 million to $4 million (S and CC: Funds are added into the Solid Waste Trust Fund

program).

State General Funds

$2,503,092

$2,503,092

$0

$0

287.7 Increase funding from $7.6 million to $15.9 million (S and CC:Funds are added in the Hazardous Waste Trust

Fund program).

State General Funds

$8,339,491

$8,339,491

$0

$0

287. Environmental Protection

Appropriation (HB1026)

The purpose is to help provide Georgia's citizens with clean air, clean water, healthy lives and productive land by assuring

compliance with environmental laws and by assisting others to do their part for a better environment.

TOTAL STATE FUNDS

$47,051,812

$47,051,812

$27,109,229

$27,109,229

State General Funds

$47,051,812

$47,051,812

$27,109,229

$27,109,229

TOTAL FEDERAL FUNDS

$3,437,011

$3,437,011

$9,850,960

$9,850,960

Federal Funds Not Itemized

$3,437,011

$3,437,011

$9,414,118

$9,414,118

Federal Highway Administration Planning & Construction

$436,842

$436,842

CFDA20.205

TOTAL AGENCY FUNDS

$6,797,557

$6,797,557

$50,258,738

$50,258,738

Sales and Services

$6,797,557

$6,797,557

$50,258,738

$50,258,738

Sales and Services Not Itemized

$6,797,557

$6,797,557

$50,258,738

$50,258,738

TOTAL PUBLIC FUNDS

$57,286,380

$57,286,380

$87,218,927

$87,218,927

Hazardous Waste Trust Fund

Continuation Budget

Investigate and clean up abandoned hazardous sites.

TOTAL STATE FUNDS

$7,600,000

$7,600,000

$7,600,000

$7,600,000

State General Funds

$7,600,000

$7,600,000

$7,600,000

$7,600,000

TOTAL FEDERAL FUNDS

$73,850

$73,850

$73,850

$73,850

WEDNESDAY, MARCH 8, 2006

1753

Federal Funds Not Itemized

$73,850

$73,850

$73,850

$73,850

TOTAL PUBLIC FUNDS

$7,673,850

$7,673,850

$7,673,850

$7,673,850

Changes in the Size of the Program

288.1 Transfer the Hazardous Waste Trust Fund program into the Environmental Protection program.

State General Funds

($7,600,000)

($7,600,000)

$0

$0

Federal Funds Not Itemized

($73,850)

($73,850)

$0

$0

TOTAL PUBLIC FUNDS

($7,673,850)

($7,673,850)

$0

$0

288.2 Increase funding from $7.6 million to $15.9 million.

State General Funds

$8,339,491

$8,339,491

288. Hazardous Waste Trust Fund

Appropriation (HB1026)

Investigate and clean up abandoned hazardous sites.

TOTAL STATE FUNDS

$15,939,491

$15,939,491

State General Funds

$15,939,491

$15,939,491

TOTAL FEDERAL FUNDS

$73,850

$73,850

Federal Funds Not Itemized

$73,850

$73,850

TOTAL PUBLIC FUNDS

$16,013,341

$16,013,341

Historic Preservation

Continuation Budget

The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future

generations.

TOTAL STATE FUNDS

$1,904,709

$1,904,709

$1,904,709

$1,904,709

State General Funds

$1,904,709

$1,904,709

$1,904,709

$1,904,709

TOTAL FEDERAL FUNDS

$544,351

$544,351

$544,351

$544,351

Federal Funds Not Itemized

$544,351

$544,351

$544,351

$544,351

TOTAL PUBLIC FUNDS

$2,449,060

$2,449,060

$2,449,060

$2,449,060

Statewide Changes

289.1 WC, GTA, and GBA

State General Funds

$16,568

$16,568

$16,568

$16,568

Changes in How the Program is Funded

289.2 Remove fund sources.

Federal Funds Not Itemized

($54,351)

($54,351)

$0

$0

1754

JOURNAL OF THE SENATE

289. Historic Preservation

Appropriation (HB1026)

The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future

generations.

TOTAL STATE FUNDS

$1,921,277

$1,921,277

$1,921,277

$1,921,277

State General Funds

$1,921,277

$1,921,277

$1,921,277

$1,921,277

TOTAL FEDERAL FUNDS

$490,000

$490,000

$544,351

$544,351

Federal Funds Not Itemized

$490,000

$490,000

$544,351

$544,351

TOTAL PUBLIC FUNDS

$2,411,277

$2,411,277

$2,465,628

$2,465,628

Land Conservation

Continuation Budget

The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities,

can preserve community green space.

TOTAL STATE FUNDS

$415,605

$415,605

$415,605

$415,605

State General Funds

$415,605

$415,605

$415,605

$415,605

TOTAL PUBLIC FUNDS

$415,605

$415,605

$415,605

$415,605

Statewide Changes

290.1 WC, GTA, and GBA

State General Funds

$3,051

$3,051

$3,051

$3,051

290. Land Conservation

Appropriation (HB1026)

The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities,

can preserve community green space.

TOTAL STATE FUNDS

$418,656

$418,656

$418,656

$418,656

State General Funds

$418,656

$418,656

$418,656

$418,656

TOTAL PUBLIC FUNDS

$418,656

$418,656

$418,656

$418,656

Parks, Recreation and Historic Sites

Continuation Budget

The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout

Georgia.

TOTAL STATE FUNDS

$17,234,816

$17,234,816

$17,234,816

$17,234,816

State General Funds

$17,234,816

$17,234,816

$17,234,816

$17,234,816

TOTAL FEDERAL FUNDS

$855,941

$855,941

$855,941

$855,941

Federal Funds Not Itemized

$845,941

$845,941

$845,941

$845,941

WEDNESDAY, MARCH 8, 2006

1755

Federal Highway Administration Planning & Construction

$10,000

$10,000

$10,000

$10,000

CFDA20.205

TOTAL AGENCY FUNDS

$20,650,999

$20,650,999

$20,650,999

$20,650,999

Intergovernmental Transfers

$3,707,103

$3,707,103

$3,707,103

$3,707,103

Intergovernmental Transfers Not Itemized

$3,707,103

$3,707,103

$3,707,103

$3,707,103

Royalties and Rents

$1,026

$1,026

$1,026

$1,026

Royalties and Rents Not Itemized

$1,026

$1,026

$1,026

$1,026

Sales and Services

$16,942,870

$16,942,870

$16,942,870

$16,942,870

Sales and Services Not Itemized

$16,942,870

$16,942,870

$16,942,870

$16,942,870

TOTAL PUBLIC FUNDS

$38,741,756

$38,741,756

$38,741,756

$38,741,756

Statewide Changes

291.1 WC, GTA, and GBA

State General Funds

$226,275

$226,275

$226,275

$226,275

One-Time Expense

291.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles.

State General Funds

$105,304

$105,304

$105,304

$105,304

291.6 Provide funds to be matched by $1,000,000 (S and CC:$900,000) in federal funds to develop Balls Ferry State

Park in Wilkinson County.

State General Funds

$350,000

$225,000

$225,000

Changes in How the Program is Funded

291.3 Remove fund sources.

Federal Highway Administration Planning & Construction

($10,000)

($10,000)

$0

$0

CFDA20.205

Royalties and Rents Not Itemized

($1,026)

($1,026)

$0

$0

Sales and Services Not Itemized

($2,004,125)

($2,004,125)

$0

$0

TOTAL PUBLIC FUNDS

($2,015,151)

($2,015,151)

$0

$0

291.4 Replace payments from the Lake Lanier Islands Development Authority with state general funds.

State General Funds

$665,966

$665,966

$665,966

$665,966

Intergovernmental Transfers Not Itemized

($665,966)

($665,966)

($665,966)

($665,966)

TOTAL PUBLIC FUNDS

$0

$0

$0

$0

1756

JOURNAL OF THE SENATE

291. Parks, Recreation and Historic Sites

Appropriation (HB1026)

The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout

Georgia.

TOTAL STATE FUNDS

$18,232,361

$18,582,361

$18,457,361

$18,457,361

State General Funds

$18,232,361

$18,582,361

$18,457,361

$18,457,361

TOTAL FEDERAL FUNDS

$845,941

$845,941

$855,941

$855,941

Federal Funds Not Itemized

$845,941

$845,941

$845,941

$845,941

Federal Highway Administration Planning & Construction

$10,000

$10,000

CFDA20.205

TOTAL AGENCY FUNDS

$17,979,882

$17,979,882

$19,985,033

$19,985,033

Intergovernmental Transfers

$3,041,137

$3,041,137

$3,041,137

$3,041,137

Intergovernmental Transfers Not Itemized

$3,041,137

$3,041,137

$3,041,137

$3,041,137

Royalties and Rents

$1,026

$1,026

Royalties and Rents Not Itemized

$1,026

$1,026

Sales and Services

$14,938,745

$14,938,745

$16,942,870

$16,942,870

Sales and Services Not Itemized

$14,938,745

$14,938,745

$16,942,870

$16,942,870

TOTAL PUBLIC FUNDS

$37,058,184

$37,408,184

$39,298,335

$39,298,335

Pollution Prevention Assistance

Continuation Budget

The purpose is to reduce pollution by providing non-regulatory assistance.

TOTAL AGENCY FUNDS

$677,763

$677,763

$677,763

$677,763

Reserved Fund Balances

$677,763

$677,763

$677,763

$677,763

Reserved Fund Balances Not Itemized

$677,763

$677,763

$677,763

$677,763

TOTAL PUBLIC FUNDS

$677,763

$677,763

$677,763

$677,763

Statewide Changes

292.1 WC, GTA, and GBA

State General Funds

$5,572

$5,572

$5,572

$5,572

Changes in How the Program is Funded

292.2 Remove fund sources.

Reserved Fund Balances Not Itemized

($573,850)

($573,850)

$0

$0

TOTAL PUBLIC FUNDS

($573,850)

($573,850)

$0

$0

WEDNESDAY, MARCH 8, 2006

1757

292. Pollution Prevention Assistance

Appropriation (HB1026)

The purpose is to reduce pollution by providing non-regulatory assistance.

TOTAL STATE FUNDS

$5,572

$5,572

$5,572

$5,572

State General Funds

$5,572

$5,572

$5,572

$5,572

TOTAL AGENCY FUNDS

$103,913

$103,913

$677,763

$677,763

Reserved Fund Balances

$103,913

$103,913

$677,763

$677,763

Reserved Fund Balances Not Itemized

$103,913

$103,913

$677,763

$677,763

TOTAL PUBLIC FUNDS

$109,485

$109,485

$683,335

$683,335

Solid Waste Trust Fund

Continuation Budget

Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and

corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs.

TOTAL STATE FUNDS

$1,500,000

$1,500,000

$1,500,000

$1,500,000

State General Funds

$1,500,000

$1,500,000

$1,500,000

$1,500,000

TOTAL PUBLIC FUNDS

$1,500,000

$1,500,000

$1,500,000

$1,500,000

Changes in Operations / Administration

293.3 Increase funding to raise sunken boats along the Georgia coast.

State General Funds

$180,000

Reserved Fund Balances Not Itemized

$180,000

$0

TOTAL PUBLIC FUNDS

$180,000

Changes in the Size of the Program

293.1 Transfer the Solid Waste Trust Fund program into the Environmental Protection program.

State General Funds

($1,500,000)

($1,500,000)

$0

$0

293.2 Increase funding from $1.5 million to $4 million.

State General Funds

$2,503,092

$2,503,092

293. Solid Waste Trust Fund

Appropriation (HB1026)

Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and

corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs.

TOTAL STATE FUNDS

$4,003,092

$4,183,092

State General Funds

$4,003,092

$4,183,092

TOTAL AGENCY FUNDS

$180,000

Reserved Fund Balances

$180,000

1758

JOURNAL OF THE SENATE

Reserved Fund Balances Not Itemized

$180,000

TOTAL PUBLIC FUNDS

$4,183,092

$4,183,092

Wildlife Resources

Continuation Budget

The purpose is to regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-game and endangered

wildlife, and maintain public education and law enforcement programs.

TOTAL STATE FUNDS

$28,915,612

$28,915,612

$28,915,612

$28,915,612

State General Funds

$28,915,612

$28,915,612

$28,915,612

$28,915,612

TOTAL FEDERAL FUNDS

$9,313,355

$9,313,355

$9,313,355

$9,313,355

Federal Funds Not Itemized

$9,313,355

$9,313,355

$9,313,355

$9,313,355

TOTAL AGENCY FUNDS

$2,952,250

$2,952,250

$2,952,250

$2,952,250

Royalties and Rents

$15,250

$15,250

$15,250

$15,250

Royalties and Rents Not Itemized

$15,250

$15,250

$15,250

$15,250

Sales and Services

$2,937,000

$2,937,000

$2,937,000

$2,937,000

Sales and Services Not Itemized

$2,937,000

$2,937,000

$2,937,000

$2,937,000

TOTAL PUBLIC FUNDS

$41,181,217

$41,181,217

$41,181,217

$41,181,217

Statewide Changes

294.1 WC, GTA, and GBA

State General Funds

$293,764

$293,764

$293,764

$293,764

Changes in Operations / Administration

294.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles.

State General Funds

$855,696

$855,696

$855,696

$855,696

294.5 Provide funds for road construction at the Ocmulgee Public Fishing Area in Bleckley and Pulaski counties.

State General Funds

$125,000

$125,000

Changes in How the Program is Funded

294.3 Remove fund sources.

Federal Funds Not Itemized

($4,186,564)

($4,186,564)

$0

$0

Sales and Services Not Itemized

($2,674,804)

($2,674,804)

$0

$0

TOTAL PUBLIC FUNDS

($6,861,368)

($6,861,368)

$0

$0

Changes in the Size of the Program

294.4 Provide funds for the Wildlife Endowment Fund.

State General Funds

$579,650

$579,650

$579,650

$579,650

WEDNESDAY, MARCH 8, 2006

1759

294. Wildlife Resources

Appropriation (HB1026)

The purpose is to regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-game and endangered

wildlife, and maintain public education and law enforcement programs.

TOTAL STATE FUNDS

$30,644,722

$30,644,722

$30,769,722

$30,769,722

State General Funds

$30,644,722

$30,644,722

$30,769,722

$30,769,722

TOTAL FEDERAL FUNDS

$5,126,791

$5,126,791

$9,313,355

$9,313,355

Federal Funds Not Itemized

$5,126,791

$5,126,791

$9,313,355

$9,313,355

TOTAL AGENCY FUNDS

$277,446

$277,446

$2,952,250

$2,952,250

Royalties and Rents

$15,250

$15,250

$15,250

$15,250

Royalties and Rents Not Itemized

$15,250

$15,250

$15,250

$15,250

Sales and Services

$262,196

$262,196

$2,937,000

$2,937,000

Sales and Services Not Itemized

$262,196

$262,196

$2,937,000

$2,937,000

TOTAL PUBLIC FUNDS

$36,048,959

$36,048,959

$43,035,327

$43,035,327

Civil War Commission

Continuation Budget

The purpose is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields

associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and

other historic properties associated with the Civil War.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

$50,000

295. Civil War Commission

Appropriation (HB1026)

The purpose is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields

associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and

other historic properties associated with the Civil War.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

$50,000

Georgia State Games Commission

Continuation Budget

The purpose is to improve the physical fitness of Georgians.

TOTAL STATE FUNDS

$50,149

$50,149

$50,149

$50,149

State General Funds

$50,149

$50,149

$50,149

$50,149

1760

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$332,213

$332,213

$332,213

$332,213

Sales and Services

$332,213

$332,213

$332,213

$332,213

Sales and Services Not Itemized

$332,213

$332,213

$332,213

$332,213

TOTAL PUBLIC FUNDS

$382,362

$382,362

$382,362

$382,362

296. Georgia State Games Commission

Appropriation (HB1026)

The purpose is to improve the physical fitness of Georgians.

TOTAL STATE FUNDS

$50,149

$50,149

$50,149

$50,149

State General Funds

$50,149

$50,149

$50,149

$50,149

TOTAL AGENCY FUNDS

$332,213

$332,213

$332,213

$332,213

Sales and Services

$332,213

$332,213

$332,213

$332,213

Sales and Services Not Itemized

$332,213

$332,213

$332,213

$332,213

TOTAL PUBLIC FUNDS

$382,362

$382,362

$382,362

$382,362

Payments to Georgia Agricultural Exposition Authority

Continuation Budget

The purpose is to showcase the state's agriculture and agribusiness, promote the agricultural achievement of Georgia's

young people, provide a center for diverse activities, and stage and promote a statewide fair.

TOTAL STATE FUNDS

$1,601,868

$1,601,868

$1,601,868

$1,601,868

State General Funds

$1,601,868

$1,601,868

$1,601,868

$1,601,868

TOTAL PUBLIC FUNDS

$1,601,868

$1,601,868

$1,601,868

$1,601,868

Statewide Changes

297.1 WC, GTA, and GBA

State General Funds

$2,935

$2,935

$2,935

$2,935

One-Time Expense

297.2 Provide funding for roadway improvements.

State General Funds

$625,000

$625,000

$625,000

$625,000

297. Payments to Georgia Agricultural Exposition Authority

Appropriation (HB1026)

The purpose is to showcase the state's agriculture and agribusiness, promote the agricultural achievement of Georgia's

young people, provide a center for diverse activities, and stage and promote a statewide fair.

TOTAL STATE FUNDS

$2,229,803

$2,229,803

$2,229,803

$2,229,803

State General Funds

$2,229,803

$2,229,803

$2,229,803

$2,229,803

TOTAL PUBLIC FUNDS

$2,229,803

$2,229,803

$2,229,803

$2,229,803

WEDNESDAY, MARCH 8, 2006

1761

Payments to Georgia Agrirama Development Authority

Continuation Budget

The purpose is to collect, display, and preserve material culture of Georgia's agriculture and rural history and present to

general public and school groups.

TOTAL STATE FUNDS

$820,514

$820,514

$820,514

$820,514

State General Funds

$820,514

$820,514

$820,514

$820,514

TOTAL PUBLIC FUNDS

$820,514

$820,514

$820,514

$820,514

Statewide Changes

298.1 WC, GTA, and GBA

State General Funds

$921

$921

$921

$921

One-Time Expense

298.2 Provide funds for grounds improvements and facilities.

State General Funds

$300,000

$300,000

$300,000

$300,000

298. Payments to Georgia Agrirama Development Authority

Appropriation (HB1026)

The purpose is to collect, display, and preserve material culture of Georgia's agriculture and rural history and present to

general public and school groups.

TOTAL STATE FUNDS

$1,121,435

$1,121,435

$1,121,435

$1,121,435

State General Funds

$1,121,435

$1,121,435

$1,121,435

$1,121,435

TOTAL PUBLIC FUNDS

$1,121,435

$1,121,435

$1,121,435

$1,121,435

Payments to Lake Allatoona Preservation Authority

Continuation Budget

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

$100,000

State General Funds

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

$100,000

$100,000

299. Payments to Lake Allatoona Preservation Authority

Appropriation (HB1026)

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

$100,000

State General Funds

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

$100,000

$100,000

Payments to Southwest Georgia Railroad Excursion Authority

Continuation Budget

The purpose is to construct, finance, operate, and develop a rail passenger excursion project utilizing any state owned

railway in Crisp and Sumter counties and any nearby county which may be included within the service area.

TOTAL STATE FUNDS

$371,964

$371,964

$371,964

$371,964

State General Funds

$371,964

$371,964

$371,964

$371,964

1762

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$371,964

$371,964

$371,964

$371,964

300. Payments to Southwest Georgia Railroad Excursion Authority

Appropriation (HB1026)

The purpose is to construct, finance, operate, and develop a rail passenger excursion project utilizing any state owned

railway in Crisp and Sumter counties and any nearby county which may be included within the service area.

TOTAL STATE FUNDS

$371,964

$371,964

$371,964

$371,964

State General Funds

$371,964

$371,964

$371,964

$371,964

TOTAL PUBLIC FUNDS

$371,964

$371,964

$371,964

$371,964

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds

contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to

supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division

for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking

pass implemented by the Department.

The above appropriations reflect receipts from Lake Lanier Island Development Authority in an amount of $665,966; Jekyll

Island State Park Authority - $260,844 for year 17 of 20 years, last payment being made June 15th, 2009; Jekyll Island

Convention Center and Golf Course - $679,346 for year 12 of 20 years, last payment being made June 15th, 2014; and

North Georgia Mountains Authority - $1,434,982 for year 12 of 20 years, last payment being made June 15th, 2014.

Section 35: Pardons and Paroles, State Board of

Section Total - Continuation

TOTAL STATE FUNDS

$47,627,215

$47,627,215

$47,627,215

$47,627,215

State General Funds

$47,627,215

$47,627,215

$47,627,215

$47,627,215

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

$100,000

Federal Funds Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$47,727,215

$47,727,215

$47,727,215

$47,727,215

Section Total - Final

TOTAL STATE FUNDS

$48,312,603

$48,312,603

$48,312,603

$48,312,603

State General Funds

$48,312,603

$48,312,603

$48,312,603

$48,312,603

TOTAL FEDERAL FUNDS

$100,000

$100,000

$139,441

$138,169

Federal Funds Not Itemized

$100,000

$100,000

$139,441

$138,169

TOTAL AGENCY FUNDS

$27,736

$27,736

Rebates, Refunds, and Reimbursements

$27,736

$27,736

WEDNESDAY, MARCH 8, 2006

1763

TOTAL PUBLIC FUNDS

$48,412,603

$48,412,603

$48,479,780

$48,478,508

Board Administration

Continuation Budget

The purpose is to provide administrative support for the agency.

TOTAL STATE FUNDS

$4,326,255

$4,326,255

$4,326,255

$4,326,255

State General Funds

$4,326,255

$4,326,255

$4,326,255

$4,326,255

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

$100,000

Federal Funds Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$4,426,255

$4,426,255

$4,426,255

$4,426,255

Statewide Changes

301.1 WC, GTA, and GBA

State General Funds

$3,543

$3,543

$3,543

$3,543

Changes in Operations / Administration

301.2 Provide additional funds for utilities, fuel and mileage reimbursement.

State General Funds

$20,652

$20,652

$20,652

$20,652

Changes in How the Program is Funded

301.4 Change base budget to correct fund source type.

Federal Funds Not Itemized

$0

$0

TOTAL PUBLIC FUNDS

$0

$0

Changes in the Size of the Program

301.3 Redistribute funds from Parole Supervision.

State General Funds

$400,000

$400,000

$400,000

$400,000

301. Board Administration

Appropriation (HB1026)

The purpose is to provide administrative support for the agency.

TOTAL STATE FUNDS

$4,750,450

$4,750,450

$4,750,450

$4,750,450

State General Funds

$4,750,450

$4,750,450

$4,750,450

$4,750,450

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

$100,000

Federal Funds Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$4,850,450

$4,850,450

$4,850,450

$4,850,450

Clemency Decisions

Continuation Budget

The purpose is to investigate offenders when they enter the corrections system and make determinations about offender

eligibility for parole.

1764

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$9,769,111

$9,769,111

$9,769,111

State General Funds

$9,769,111

$9,769,111

$9,769,111

TOTAL PUBLIC FUNDS

$9,769,111

$9,769,111

$9,769,111

Statewide Changes

302.1 WC, GTA, and GBA

State General Funds

$7,820

$7,820

$7,820

Changes in Operations / Administration

302.2 Provide additional funds for utilities, fuel and mileage reimbursement.

State General Funds

$15,452

$15,452

$15,452

Changes in the Size of the Program

302.3 Redistribute funds from the Parole Supervision program for increased records retention expenses.

State General Funds

$50,000

$50,000

$50,000

$9,769,111 $9,769,111 $9,769,111
$7,820
$15,452
$50,000

302. Clemency Decisions

Appropriation (HB1026)

The purpose is to investigate offenders when they enter the corrections system and make determinations about offender

eligibility for parole.

TOTAL STATE FUNDS

$9,842,383

$9,842,383

$9,842,383

$9,842,383

State General Funds

$9,842,383

$9,842,383

$9,842,383

$9,842,383

TOTAL PUBLIC FUNDS

$9,842,383

$9,842,383

$9,842,383

$9,842,383

Parole Supervision

Continuation Budget

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS

$33,015,382

$33,015,382

$33,015,382

$33,015,382

State General Funds

$33,015,382

$33,015,382

$33,015,382

$33,015,382

TOTAL PUBLIC FUNDS

$33,015,382

$33,015,382

$33,015,382

$33,015,382

Statewide Changes

303.1 WC, GTA, and GBA

State General Funds

$26,427

$26,427

$26,427

$26,427

Changes in Operations / Administration

303.2 Provide additional funds for utilities, fuel and mileage reimbursement.

State General Funds

$311,081

$311,081

$311,081

$311,081

WEDNESDAY, MARCH 8, 2006

1765

One-Time Expense

303.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

received from insurance recovery.

Rebates, Refunds, and Reimbursements Not Itemized

$27,736

$27,736

303.9 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

from search and seizures performed and overtime reimbursed by the US Marshals office.

Federal Funds Not Itemized

$11,611

$11,611

Changes in the Size of the Program

303.3 Redistribute funds to Administration.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

303.4 Redistribute funds to the Clemency Decisions program for increased records retention expenses.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

303.5 Provide additional funding for substance abuse assessment and treatment.

State General Funds

$300,000

$300,000

$300,000

$300,000

303.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to locate and capture absconded parolees.

Federal Funds Not Itemized

$13,915

$13,915

303.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to fund the Atlanta Comprehensive Homicide project with the Atlanta Police Department.

Federal Funds Not Itemized

$13,915

$12,643

303. Parole Supervision

Appropriation (HB1026)

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS

$33,202,890

$33,202,890

$33,202,890

$33,202,890

State General Funds

$33,202,890

$33,202,890

$33,202,890

$33,202,890

TOTAL FEDERAL FUNDS

$39,441

$38,169

Federal Funds Not Itemized

$39,441

$38,169

TOTAL AGENCY FUNDS

$27,736

$27,736

Rebates, Refunds, and Reimbursements

$27,736

$27,736

Rebates, Refunds, and Reimbursements Not Itemized

$27,736

$27,736

TOTAL PUBLIC FUNDS

$33,202,890

$33,202,890

$33,270,067

$33,268,795

1766

JOURNAL OF THE SENATE

Victim Services

Continuation Budget

The purpose of this program is to provide notification to victims of changes in offender status or placement, to conduct

outreach and information gathering from victim during clemency proceedings and generally to act as a liaison to victims

for the state corrections system.

TOTAL STATE FUNDS

$516,467

$516,467

$516,467

$516,467

State General Funds

$516,467

$516,467

$516,467

$516,467

TOTAL PUBLIC FUNDS

$516,467

$516,467

$516,467

$516,467

Statewide Changes

304.1 WC, GTA, and GBA

State General Funds

$413

$413

$413

$413

304. Victim Services

Appropriation (HB1026)

The purpose of this program is to provide notification to victims of changes in offender status or placement, to conduct

outreach and information gathering from victim during clemency proceedings and generally to act as a liaison to victims

for the state corrections system.

TOTAL STATE FUNDS

$516,880

$516,880

$516,880

$516,880

State General Funds

$516,880

$516,880

$516,880

$516,880

TOTAL PUBLIC FUNDS

$516,880

$516,880

$516,880

$516,880

Section 36: Properties Commission, State

Section Total - Continuation

TOTAL STATE FUNDS

$3,261,332

$3,261,332

$3,261,332

$3,261,332

State General Funds

$3,261,332

$3,261,332

$3,261,332

$3,261,332

TOTAL PUBLIC FUNDS

$3,261,332

$3,261,332

$3,261,332

$3,261,332

Section Total - Final

TOTAL STATE FUNDS

$3,261,962

$3,261,962

$3,261,962

$3,261,962

State General Funds

$3,261,962

$3,261,962

$3,261,962

$3,261,962

TOTAL PUBLIC FUNDS

$3,261,962

$3,261,962

$3,261,962

$3,261,962

Space Management

Continuation Budget

The purpose is to help state government meet its current need for office space and plan for future needs as business goals

and operations change.

TOTAL STATE FUNDS

$371,491

$371,491

$371,491

$371,491

State General Funds

$371,491

$371,491

$371,491

$371,491

WEDNESDAY, MARCH 8, 2006

1767

TOTAL PUBLIC FUNDS

$371,491

$371,491

$371,491

$371,491

41. Space Management

Appropriation (HB1026)

The purpose is to help state government meet its current need for office space and plan for future needs as business goals

and operations change.

TOTAL STATE FUNDS

$371,491

$371,491

$371,491

$371,491

State General Funds

$371,491

$371,491

$371,491

$371,491

TOTAL PUBLIC FUNDS

$371,491

$371,491

$371,491

$371,491

Properties Commission, State

Continuation Budget

The purpose is to assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an

equitable, legal, ethical, and efficient manner.

TOTAL STATE FUNDS

$558,553

$558,553

$558,553

$558,553

State General Funds

$558,553

$558,553

$558,553

$558,553

TOTAL PUBLIC FUNDS

$558,553

$558,553

$558,553

$558,553

Statewide Changes

305.1 WC, GTA, and GBA

State General Funds

$630

$630

$630

$630

305. Properties Commission, State

Appropriation (HB1026)

The purpose is to assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an

equitable, legal, ethical, and efficient manner.

TOTAL STATE FUNDS

$559,183

$559,183

$559,183

$559,183

State General Funds

$559,183

$559,183

$559,183

$559,183

TOTAL PUBLIC FUNDS

$559,183

$559,183

$559,183

$559,183

Payments to Georgia Building Authority

Continuation Budget

The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state

government.

TOTAL STATE FUNDS

$2,331,288

$2,331,288

$2,331,288

$2,331,288

State General Funds

$2,331,288

$2,331,288

$2,331,288

$2,331,288

TOTAL PUBLIC FUNDS

$2,331,288

$2,331,288

$2,331,288

$2,331,288

306. Payments to Georgia Building Authority

Appropriation (HB1026)

The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state

government.

1768

JOURNAL OF THE SENATE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,331,288 $2,331,288 $2,331,288

$2,331,288 $2,331,288 $2,331,288

$2,331,288 $2,331,288 $2,331,288

$2,331,288 $2,331,288 $2,331,288

Section 37: Public Safety, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$97,877,059

$97,877,059

$97,877,059

$97,877,059

State General Funds

$97,877,059

$97,877,059

$97,877,059

$97,877,059

TOTAL FEDERAL FUNDS

$5,728,935

$5,728,935

$5,728,935

$5,728,935

Federal Funds Not Itemized

$5,728,935

$5,728,935

$5,728,935

$5,728,935

TOTAL AGENCY FUNDS

$7,953,811

$7,953,811

$7,953,811

$7,953,811

Sales and Services

$7,953,811

$7,953,811

$7,953,811

$7,953,811

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,028,595

$4,028,595

$4,028,595

$4,028,595

TOTAL PUBLIC FUNDS

$115,588,400 $115,588,400 $115,588,400 $115,588,400

Section Total - Final

TOTAL STATE FUNDS

$99,726,696 $100,856,696 $100,791,696 $100,266,696

State General Funds

$99,726,696 $100,856,696 $100,791,696 $100,266,696

TOTAL FEDERAL FUNDS

$5,728,935

$5,728,935

$14,414,417

$14,414,417

Federal Funds Not Itemized

$5,728,935

$5,728,935

$14,414,417

$14,414,417

TOTAL AGENCY FUNDS

$7,953,811

$7,953,811

$8,246,562

$8,246,562

Contributions, Donations, and Forfeitures

$3,115

$3,115

Sales and Services

$7,953,811

$7,953,811

$8,243,447

$8,243,447

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,028,595

$4,028,595

$6,810,880

$6,810,880

TOTAL PUBLIC FUNDS

$117,438,037 $118,568,037 $130,263,555 $129,738,555

Aviation

Continuation Budget

The purpose is to provide air support to the Georgia State Patrol and other state, federal, and local agencies improving

public safety for the citizens of Georgia.

TOTAL STATE FUNDS

$2,307,130

$2,307,130

$2,307,130

$2,307,130

State General Funds

$2,307,130

$2,307,130

$2,307,130

$2,307,130

TOTAL PUBLIC FUNDS

$2,307,130

$2,307,130

$2,307,130

$2,307,130

WEDNESDAY, MARCH 8, 2006

1769

Statewide Changes

307.1 WC, GTA, and GBA

State General Funds

$3,489

$3,489

$3,489

$3,489

One-Time Expense

307.2 Renovate Reidsville State Patrol Hangar.

State General Funds

$250,000

$250,000

307.3 Repair state patrol hangar at the Thomson-McDuffie County Airport.

State General Funds

$250,000

$250,000

Changes in the Size of the Program

307.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Federal Funds Not Itemized

$5,936

$5,936

307. Aviation

Appropriation (HB1026)

The purpose is to provide air support to the Georgia State Patrol and other state, federal, and local agencies improving

public safety for the citizens of Georgia.

TOTAL STATE FUNDS

$2,310,619

$2,310,619

$2,810,619

$2,810,619

State General Funds

$2,310,619

$2,310,619

$2,810,619

$2,810,619

TOTAL FEDERAL FUNDS

$5,936

$5,936

Federal Funds Not Itemized

$5,936

$5,936

TOTAL PUBLIC FUNDS

$2,310,619

$2,310,619

$2,816,555

$2,816,555

Capitol Police Services

Continuation Budget

The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the

Capitol.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,151,435

$3,151,435

$3,151,435

$3,151,435

Agency to Agency Contracts

$3,151,435

$3,151,435

$3,151,435

$3,151,435

TOTAL PUBLIC FUNDS

$3,151,435

$3,151,435

$3,151,435

$3,151,435

Changes in the Size of the Program

308.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing funds from

the Georgia Building Authority.

Agency to Agency Contracts

$2,782,285

$2,782,285

1770

JOURNAL OF THE SENATE

308. Capitol Police Services

Appropriation (HB1026)

The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the

Capitol.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,151,435

$3,151,435

$5,933,720

$5,933,720

Agency to Agency Contracts

$3,151,435

$3,151,435

$5,933,720

$5,933,720

TOTAL PUBLIC FUNDS

$3,151,435

$3,151,435

$5,933,720

$5,933,720

Departmental Administration

Continuation Budget

The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors

to our state.

TOTAL STATE FUNDS

$9,816,239

$9,816,239

$9,816,239

$9,816,239

State General Funds

$9,816,239

$9,816,239

$9,816,239

$9,816,239

TOTAL PUBLIC FUNDS

$9,816,239

$9,816,239

$9,816,239

$9,816,239

Statewide Changes

309.1 WC, GTA, and GBA

State General Funds

$12,312

$12,312

$12,312

$12,312

Changes in the Size of the Program

309.2 Transfer one position and funds from the Department of Revenue as part of the reorganization of the Department

of Motor Vehicles.

State General Funds

$30,000

$30,000

$30,000

$30,000

309.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Federal Funds Not Itemized

$43,820

$43,820

309. Departmental Administration

Appropriation (HB1026)

The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors

to our state.

TOTAL STATE FUNDS

$9,858,551

$9,858,551

$9,858,551

$9,858,551

State General Funds

$9,858,551

$9,858,551

$9,858,551

$9,858,551

TOTAL FEDERAL FUNDS

$43,820

$43,820

Federal Funds Not Itemized

$43,820

$43,820

TOTAL PUBLIC FUNDS

$9,858,551

$9,858,551

$9,902,371

$9,902,371

WEDNESDAY, MARCH 8, 2006

1771

Executive Security Services

Continuation Budget

The purpose is to provide facility security for the Governor's Mansion and personal security for the residents; and to

provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

TOTAL STATE FUNDS

$1,050,978

$1,050,978

$1,050,978

$1,050,978

State General Funds

$1,050,978

$1,050,978

$1,050,978

$1,050,978

TOTAL PUBLIC FUNDS

$1,050,978

$1,050,978

$1,050,978

$1,050,978

Statewide Changes

310.1 WC, GTA, and GBA

State General Funds

$2,307

$2,307

$2,307

$2,307

Changes in the Size of the Program

310.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Federal Funds Not Itemized

$5,000

$5,000

310. Executive Security Services

Appropriation (HB1026)

The purpose is to provide facility security for the Governor's Mansion and personal security for the residents; and to

provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

TOTAL STATE FUNDS

$1,053,285

$1,053,285

$1,053,285

$1,053,285

State General Funds

$1,053,285

$1,053,285

$1,053,285

$1,053,285

TOTAL FEDERAL FUNDS

$5,000

$5,000

Federal Funds Not Itemized

$5,000

$5,000

TOTAL PUBLIC FUNDS

$1,053,285

$1,053,285

$1,058,285

$1,058,285

Field Offices and Services

Continuation Budget

The purpose of the Criminal Interdiction Unit represents an active statewide commitment to reduce drug trafficking in the

State of Georgia by networking with other state, federal and local law enforcement agencies.

TOTAL STATE FUNDS

$60,086,195

$60,086,195

$60,086,195

$60,086,195

State General Funds

$60,086,195

$60,086,195

$60,086,195

$60,086,195

TOTAL PUBLIC FUNDS

$60,086,195

$60,086,195

$60,086,195

$60,086,195

Statewide Changes

311.1 WC, GTA, and GBA

State General Funds

$135,952

$135,952

$135,952

$135,952

One-Time Expense

1772

JOURNAL OF THE SENATE

311.2 Replace 70 patrol vehicles in excess of 135,000 miles. (S:95 patrol vehicles)

State General Funds

$1,478,292

$1,478,292

$2,003,292

$1,478,292

311.3 Provide one-time grant funding to offset telecommunications costs for sworn Troopers.

State General Funds

$790,000

$0

$0

Changes in the Size of the Program

311.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to recognize agency funds

received from security details, escort services, donations and other miscellaneous revenue.

Contributions, Donations, and Forfeitures Not Itemized

$3,115

$3,115

Sales and Services Not Itemized

$90,913

$90,913

TOTAL PUBLIC FUNDS

$94,028

$94,028

311.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to fund SWAT equipment, the Chatham County K-9 Initiative, DUI Task Force, Trooper Representative for ALS

and the Governor's Task Force.

Federal Funds Not Itemized

$1,257,433

$1,257,433

TOTAL PUBLIC FUNDS

$1,257,433

$1,257,433

311. Field Offices and Services

Appropriation (HB1026)

The purpose of the Criminal Interdiction Unit represents an active statewide commitment to reduce drug trafficking in the

State of Georgia by networking with other state, federal and local law enforcement agencies.

TOTAL STATE FUNDS

$61,700,439

$62,490,439

$62,225,439

$61,700,439

State General Funds

$61,700,439

$62,490,439

$62,225,439

$61,700,439

TOTAL FEDERAL FUNDS

$1,257,433

$1,257,433

Federal Funds Not Itemized

$1,257,433

$1,257,433

TOTAL AGENCY FUNDS

$94,028

$94,028

Contributions, Donations, and Forfeitures

$3,115

$3,115

Contributions, Donations, and Forfeitures Not Itemized

$3,115

$3,115

Sales and Services

$90,913

$90,913

Sales and Services Not Itemized

$90,913

$90,913

TOTAL PUBLIC FUNDS

$61,700,439

$62,490,439

$63,576,900

$63,051,900

Motor Carrier Compliance

Continuation Budget

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

WEDNESDAY, MARCH 8, 2006

1773

TOTAL STATE FUNDS

$6,329,515

$6,329,515

$6,329,515

$6,329,515

State General Funds

$6,329,515

$6,329,515

$6,329,515

$6,329,515

TOTAL FEDERAL FUNDS

$2,561,998

$2,561,998

$2,561,998

$2,561,998

Federal Funds Not Itemized

$2,561,998

$2,561,998

$2,561,998

$2,561,998

TOTAL AGENCY FUNDS

$7,196,898

$7,196,898

$7,196,898

$7,196,898

Sales and Services

$7,196,898

$7,196,898

$7,196,898

$7,196,898

Sales and Services Not Itemized

$7,196,898

$7,196,898

$7,196,898

$7,196,898

TOTAL PUBLIC FUNDS

$16,088,411

$16,088,411

$16,088,411

$16,088,411

Statewide Changes

312.1 WC, GTA, and GBA

State General Funds

$13,366

$13,366

$13,366

$13,366

Changes in the Size of the Program

312.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal

incentive funds.

Federal Funds Not Itemized

$321,676

$321,676

312. Motor Carrier Compliance

Appropriation (HB1026)

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$6,342,881

$6,342,881

$6,342,881

$6,342,881

State General Funds

$6,342,881

$6,342,881

$6,342,881

$6,342,881

TOTAL FEDERAL FUNDS

$2,561,998

$2,561,998

$2,883,674

$2,883,674

Federal Funds Not Itemized

$2,561,998

$2,561,998

$2,883,674

$2,883,674

TOTAL AGENCY FUNDS

$7,196,898

$7,196,898

$7,196,898

$7,196,898

Sales and Services

$7,196,898

$7,196,898

$7,196,898

$7,196,898

Sales and Services Not Itemized

$7,196,898

$7,196,898

$7,196,898

$7,196,898

TOTAL PUBLIC FUNDS

$16,101,777

$16,101,777

$16,423,453

$16,423,453

Specialized Collision Reconstruction Team

Continuation Budget

The purpose is to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators

and properly document evidence in collisions to be used for successful court prosecution.

TOTAL STATE FUNDS

$2,150,997

$2,150,997

$2,150,997

$2,150,997

State General Funds

$2,150,997

$2,150,997

$2,150,997

$2,150,997

1774

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$2,150,997

$2,150,997

$2,150,997

$2,150,997

Statewide Changes

313.1 WC, GTA, and GBA

State General Funds

$5,338

$5,338

$5,338

$5,338

Changes in the Size of the Program

313.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Federal Funds Not Itemized

$12,770

$12,770

313. Specialized Collision Reconstruction Team

Appropriation (HB1026)

The purpose is to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators

and properly document evidence in collisions to be used for successful court prosecution.

TOTAL STATE FUNDS

$2,156,335

$2,156,335

$2,156,335

$2,156,335

State General Funds

$2,156,335

$2,156,335

$2,156,335

$2,156,335

TOTAL FEDERAL FUNDS

$12,770

$12,770

Federal Funds Not Itemized

$12,770

$12,770

TOTAL PUBLIC FUNDS

$2,156,335

$2,156,335

$2,169,105

$2,169,105

Troop J Specialty Units

Continuation Budget

Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the

entire breath-alcohol program for the State of Georgia.

TOTAL STATE FUNDS

$2,204,535

$2,204,535

$2,204,535

$2,204,535

State General Funds

$2,204,535

$2,204,535

$2,204,535

$2,204,535

TOTAL PUBLIC FUNDS

$2,204,535

$2,204,535

$2,204,535

$2,204,535

Statewide Changes

314.1 WC, GTA, and GBA

State General Funds

$5,128

$5,128

$5,128

$5,128

Changes in the Size of the Program

314.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

received from seizures.

Federal Funds Not Itemized

$2,620

$2,620

WEDNESDAY, MARCH 8, 2006

1775

314. Troop J Specialty Units

Appropriation (HB1026)

Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the

entire breath-alcohol program for the State of Georgia.

TOTAL STATE FUNDS

$2,209,663

$2,209,663

$2,209,663

$2,209,663

State General Funds

$2,209,663

$2,209,663

$2,209,663

$2,209,663

TOTAL FEDERAL FUNDS

$2,620

$2,620

Federal Funds Not Itemized

$2,620

$2,620

TOTAL PUBLIC FUNDS

$2,209,663

$2,209,663

$2,212,283

$2,212,283

Fire Academy, Georgia

Continuation Budget

The purpose is to provide professional training for firefighters.

TOTAL STATE FUNDS

$993,773

$993,773

$993,773

$993,773

State General Funds

$993,773

$993,773

$993,773

$993,773

TOTAL AGENCY FUNDS

$152,680

$152,680

$152,680

$152,680

Sales and Services

$152,680

$152,680

$152,680

$152,680

Sales and Services Not Itemized

$152,680

$152,680

$152,680

$152,680

TOTAL PUBLIC FUNDS

$1,146,453

$1,146,453

$1,146,453

$1,146,453

Statewide Changes

315.1 WC, GTA, and GBA

State General Funds

$1,036

$1,036

$1,036

$1,036

One-Time Expense

315.2 Increase funds to upgrade burners, igniters, and control panels in the eight regional burn buildings.

State General Funds

$75,000

$75,000

$75,000

$75,000

Changes in the Size of the Program

315.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

for training.

Federal Funds Not Itemized

$119,895

$119,895

TOTAL PUBLIC FUNDS

$119,895

$119,895

315. Fire Academy, Georgia

Appropriation (HB1026)

The purpose is to provide professional training for firefighters.

TOTAL STATE FUNDS

$1,069,809

$1,069,809

$1,069,809

$1,069,809

State General Funds

$1,069,809

$1,069,809

$1,069,809

$1,069,809

1776

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$119,895

$119,895

Federal Funds Not Itemized

$119,895

$119,895

TOTAL AGENCY FUNDS

$152,680

$152,680

$152,680

$152,680

Sales and Services

$152,680

$152,680

$152,680

$152,680

Sales and Services Not Itemized

$152,680

$152,680

$152,680

$152,680

TOTAL PUBLIC FUNDS

$1,222,489

$1,222,489

$1,342,384

$1,342,384

Firefighter Standards and Training Council, Georgia

Continuation Budget

The purpose is to provide minimum certification standards for all firefighters and public safety professionals.

TOTAL STATE FUNDS

$551,565

$551,565

$551,565

$551,565

State General Funds

$551,565

$551,565

$551,565

$551,565

TOTAL PUBLIC FUNDS

$551,565

$551,565

$551,565

$551,565

Statewide Changes

316.1 WC, GTA, and GBA

State General Funds

$345

$345

$345

$345

One-Time Expense

316.2 Fund the conversion of the written firefighters certification test to a web-based system.

State General Funds

$15,490

$15,490

$15,490

$15,490

Changes in the Size of the Program

316.3 Fund the use of state certified firefighters to evaluate firefighters certification tests.

State General Funds

$50,000

$50,000

$50,000

$50,000

316. Firefighter Standards and Training Council, Georgia

Appropriation (HB1026)

The purpose is to provide minimum certification standards for all firefighters and public safety professionals.

TOTAL STATE FUNDS

$617,400

$617,400

$617,400

$617,400

State General Funds

$617,400

$617,400

$617,400

$617,400

TOTAL PUBLIC FUNDS

$617,400

$617,400

$617,400

$617,400

Highway Safety, Office of

Continuation Budget

The purpose is to educate the public on highway safety issues and facilitate the implementation of programs to reduce

crashes, injuries and fatalities on Georgia roadways.

TOTAL STATE FUNDS

$485,876

$485,876

$485,876

$485,876

State General Funds

$485,876

$485,876

$485,876

$485,876

TOTAL FEDERAL FUNDS

$3,166,937

$3,166,937

$3,166,937

$3,166,937

WEDNESDAY, MARCH 8, 2006

1777

Federal Funds Not Itemized

$3,166,937

$3,166,937

$3,166,937

$3,166,937

TOTAL PUBLIC FUNDS

$3,652,813

$3,652,813

$3,652,813

$3,652,813

Statewide Changes

317.1 WC, GTA, and GBA

State General Funds

$1,509

$1,509

$1,509

$1,509

Changes in the Size of the Program

317.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to fund various programs.

Federal Funds Not Itemized

$5,553,588

$5,553,588

TOTAL PUBLIC FUNDS

$5,553,588

$5,553,588

317. Highway Safety, Office of

Appropriation (HB1026)

The purpose is to educate the public on highway safety issues and facilitate the implementation of programs to reduce

crashes, injuries and fatalities on Georgia roadways.

TOTAL STATE FUNDS

$487,385

$487,385

$487,385

$487,385

State General Funds

$487,385

$487,385

$487,385

$487,385

TOTAL FEDERAL FUNDS

$3,166,937

$3,166,937

$8,720,525

$8,720,525

Federal Funds Not Itemized

$3,166,937

$3,166,937

$8,720,525

$8,720,525

TOTAL PUBLIC FUNDS

$3,654,322

$3,654,322

$9,207,910

$9,207,910

Peace Officer Standards and Training Council, Georgia

Continuation Budget

The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers

and criminal justice professionals.

TOTAL STATE FUNDS

$1,905,971

$1,905,971

$1,905,971

$1,905,971

State General Funds

$1,905,971

$1,905,971

$1,905,971

$1,905,971

TOTAL PUBLIC FUNDS

$1,905,971

$1,905,971

$1,905,971

$1,905,971

Statewide Changes

318.1 WC, GTA, and GBA

State General Funds

$1,266

$1,266

$1,266

$1,266

One-Time Expense

318.4 Provide funds for personal services to pay accrued leave for two retiring employees.

State General Funds

$40,000

$40,000

$40,000

1778

JOURNAL OF THE SENATE

Changes in the Size of the Program

318.2 Transfer an investigator position from the Department of Corrections.

State General Funds

$10,767

$10,767

$10,767

$10,767

318.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds

collected for fees for certification of a peace officer.

Sales and Services Not Itemized

$24,795

$24,795

318. Peace Officer Standards and Training Council, Georgia

Appropriation (HB1026)

The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers

and criminal justice professionals.

TOTAL STATE FUNDS

$1,918,004

$1,958,004

$1,958,004

$1,958,004

State General Funds

$1,918,004

$1,958,004

$1,958,004

$1,958,004

TOTAL AGENCY FUNDS

$24,795

$24,795

Sales and Services

$24,795

$24,795

Sales and Services Not Itemized

$24,795

$24,795

TOTAL PUBLIC FUNDS

$1,918,004

$1,958,004

$1,982,799

$1,982,799

Police Academy, Georgia

Continuation Budget

The purpose is to research, develop, and deliver the mandated 40 hour basic coroner training and the 24 hour annual in-

service training for all coroners and deputy coroners.

TOTAL STATE FUNDS

$1,120,740

$1,120,740

$1,120,740

$1,120,740

State General Funds

$1,120,740

$1,120,740

$1,120,740

$1,120,740

TOTAL AGENCY FUNDS

$121,094

$121,094

$121,094

$121,094

Sales and Services

$121,094

$121,094

$121,094

$121,094

Sales and Services Not Itemized

$121,094

$121,094

$121,094

$121,094

TOTAL PUBLIC FUNDS

$1,241,834

$1,241,834

$1,241,834

$1,241,834

Statewide Changes

319.1 WC, GTA, and GBA

State General Funds

$1,554

$1,554

$1,554

$1,554

Changes in the Size of the Program

319.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

to provide statewide terrorism training and training for the Drug Recognition Program.

WEDNESDAY, MARCH 8, 2006

1779

Federal Funds Not Itemized

$1,227,230

$1,227,230

TOTAL PUBLIC FUNDS

$1,227,230

$1,227,230

319. Police Academy, Georgia

Appropriation (HB1026)

The purpose is to research, develop, and deliver the mandated 40 hour basic coroner training and the 24 hour annual in-

service training for all coroners and deputy coroners.

TOTAL STATE FUNDS

$1,122,294

$1,122,294

$1,122,294

$1,122,294

State General Funds

$1,122,294

$1,122,294

$1,122,294

$1,122,294

TOTAL FEDERAL FUNDS

$1,227,230

$1,227,230

Federal Funds Not Itemized

$1,227,230

$1,227,230

TOTAL AGENCY FUNDS

$121,094

$121,094

$121,094

$121,094

Sales and Services

$121,094

$121,094

$121,094

$121,094

Sales and Services Not Itemized

$121,094

$121,094

$121,094

$121,094

TOTAL PUBLIC FUNDS

$1,243,388

$1,243,388

$2,470,618

$2,470,618

Public Safety Training Center, Georgia

Continuation Budget

The department is charged with the development, delivery and facilitation of training that results in professional and

competent public safety services for the people of Georgia.

TOTAL STATE FUNDS

$8,873,545

$8,873,545

$8,873,545

$8,873,545

State General Funds

$8,873,545

$8,873,545

$8,873,545

$8,873,545

TOTAL AGENCY FUNDS

$483,139

$483,139

$483,139

$483,139

Sales and Services

$483,139

$483,139

$483,139

$483,139

Sales and Services Not Itemized

$483,139

$483,139

$483,139

$483,139

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$877,160

$877,160

$877,160

$877,160

Agency to Agency Contracts

$877,160

$877,160

$877,160

$877,160

TOTAL PUBLIC FUNDS

$10,233,844

$10,233,844

$10,233,844

$10,233,844

Statewide Changes

320.1 WC, GTA, and GBA

State General Funds

$6,486

$6,486

$6,486

$6,486

Changes in the Size of the Program

320.2 Transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center.

State General Funds

$300,000

$0

$0

1780

JOURNAL OF THE SENATE

320.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds

and recognizing agency funds received from meals, rental, tuitions, and training fees.

Federal Funds Not Itemized

$135,514

$135,514

Sales and Services Not Itemized

$173,928

$173,928

TOTAL PUBLIC FUNDS

$309,442

$309,442

320. Public Safety Training Center, Georgia

Appropriation (HB1026)

The department is charged with the development, delivery and facilitation of training that results in professional and

competent public safety services for the people of Georgia.

TOTAL STATE FUNDS

$8,880,031

$9,180,031

$8,880,031

$8,880,031

State General Funds

$8,880,031

$9,180,031

$8,880,031

$8,880,031

TOTAL FEDERAL FUNDS

$135,514

$135,514

Federal Funds Not Itemized

$135,514

$135,514

TOTAL AGENCY FUNDS

$483,139

$483,139

$657,067

$657,067

Sales and Services

$483,139

$483,139

$657,067

$657,067

Sales and Services Not Itemized

$483,139

$483,139

$657,067

$657,067

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$877,160

$877,160

$877,160

$877,160

Agency to Agency Contracts

$877,160

$877,160

$877,160

$877,160

TOTAL PUBLIC FUNDS

$10,240,330

$10,540,330

$10,549,772

$10,549,772

Section 38: Public Service Commission

Section Total - Continuation

TOTAL STATE FUNDS

$8,405,867

$8,405,867

$8,405,867

$8,405,867

State General Funds

$8,405,867

$8,405,867

$8,405,867

$8,405,867

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

$273,311

Federal Funds Not Itemized

$273,311

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$8,679,178

$8,679,178

$8,679,178

$8,679,178

Section Total - Final

TOTAL STATE FUNDS

$8,412,390

$8,462,390

$8,462,390

$8,462,390

State General Funds

$8,412,390

$8,462,390

$8,462,390

$8,462,390

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

$273,311

Federal Funds Not Itemized

$273,311

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$8,685,701

$8,735,701

$8,735,701

$8,735,701

WEDNESDAY, MARCH 8, 2006

1781

Commission Administration

Continuation Budget

The purpose is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS

$1,401,396

$1,401,396

$1,401,396

$1,401,396

State General Funds

$1,401,396

$1,401,396

$1,401,396

$1,401,396

TOTAL PUBLIC FUNDS

$1,401,396

$1,401,396

$1,401,396

$1,401,396

Statewide Changes

321.1 WC, GTA, and GBA

State General Funds

$1,024

$1,024

$1,024

$1,024

Changes in the Size of the Program

321.2 Transfer funds to the Utilities Regulation program to properly align expenditures among programs.

State General Funds

($87,986)

($87,986)

($87,986)

($87,986)

321. Commission Administration

Appropriation (HB1026)

The purpose is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS

$1,314,434

$1,314,434

$1,314,434

$1,314,434

State General Funds

$1,314,434

$1,314,434

$1,314,434

$1,314,434

TOTAL PUBLIC FUNDS

$1,314,434

$1,314,434

$1,314,434

$1,314,434

Facility Protection

Continuation Budget

The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

TOTAL STATE FUNDS

$665,164

$665,164

$665,164

$665,164

State General Funds

$665,164

$665,164

$665,164

$665,164

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

$273,311

Federal Funds Not Itemized

$273,311

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$938,475

$938,475

$938,475

$938,475

Statewide Changes

322.1 WC, GTA, and GBA

State General Funds

$579

$579

$579

$579

Changes in the Size of the Program

322.2 Transfer funds to the Utilities Regulation program to properly align expenditures among programs.

State General Funds

($60,519)

($60,519)

($60,519)

($60,519)

322. Facility Protection

Appropriation (HB1026)

The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

1782

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$605,224

$605,224

$605,224

$605,224

State General Funds

$605,224

$605,224

$605,224

$605,224

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

$273,311

Federal Funds Not Itemized

$273,311

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$878,535

$878,535

$878,535

$878,535

Utilities Regulation

Continuation Budget

The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS

$6,339,307

$6,339,307

$6,339,307

$6,339,307

State General Funds

$6,339,307

$6,339,307

$6,339,307

$6,339,307

TOTAL PUBLIC FUNDS

$6,339,307

$6,339,307

$6,339,307

$6,339,307

Statewide Changes

323.1 WC, GTA, and GBA

State General Funds

$4,920

$4,920

$4,920

$4,920

One-Time Expense

323.5 Provide funding for the Georgia Power Fuel Cost Recovery case

State General Funds

$50,000

$50,000

$50,000

Changes in the Size of the Program

323.2 Transfer funds from the Administration program to properly align expenditures among programs.

State General Funds

$87,986

$87,986

$87,986

$87,986

323.3 Transfer funds from the Facilities Protection program to properly align expenditures among programs.

State General Funds

$60,519

$60,519

$60,519

$60,519

323. Utilities Regulation

Appropriation (HB1026)

The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS

$6,492,732

$6,542,732

$6,542,732

$6,542,732

State General Funds

$6,492,732

$6,542,732

$6,542,732

$6,542,732

TOTAL PUBLIC FUNDS

$6,492,732

$6,542,732

$6,542,732

$6,542,732

Section 39: Regents, University System of Georgia

Section Total - Continuation

TOTAL STATE FUNDS

$1,812,797,698 $1,812,797,698 $1,812,797,698 $1,812,797,698

State General Funds

$1,796,565,144 $1,796,565,144 $1,796,565,144 $1,796,565,144

Tobacco Settlement Funds

$16,232,554

$16,232,554

$16,232,554

$16,232,554

WEDNESDAY, MARCH 8, 2006

1783

TOTAL FEDERAL FUNDS

$12,200,352

$12,200,352

$12,200,352

$12,200,352

Federal Funds Not Itemized

$12,200,352

$12,200,352

$12,200,352

$12,200,352

TOTAL AGENCY FUNDS

$2,672,930,319 $2,672,930,319 $2,672,930,319 $2,672,930,319

Contributions, Donations, and Forfeitures

$41,990,014

$41,990,014

$41,990,014

$41,990,014

Intergovernmental Transfers

$1,512,397,225 $1,512,397,225 $1,512,397,225 $1,512,397,225

Rebates, Refunds, and Reimbursements

$40,830,855

$40,830,855

$40,830,855

$40,830,855

Sales and Services

$1,077,712,225 $1,077,712,225 $1,077,712,225 $1,077,712,225

TOTAL PUBLIC FUNDS

$4,497,928,369 $4,497,928,369 $4,497,928,369 $4,497,928,369

Section Total - Final

TOTAL STATE FUNDS

$1,817,710,890 $1,818,503,890 $1,821,003,890 $1,819,003,890

State General Funds

$1,801,478,336 $1,802,271,336 $1,804,771,336 $1,802,771,336

Tobacco Settlement Funds

$16,232,554

$16,232,554

$16,232,554

$16,232,554

TOTAL FEDERAL FUNDS

$12,200,352

$12,200,352

$12,200,352

$12,200,352

Federal Funds Not Itemized

$12,200,352

$12,200,352

$12,200,352

$12,200,352

TOTAL AGENCY FUNDS

$2,672,930,319 $2,672,930,319 $2,702,794,070 $2,702,794,070

Contributions, Donations, and Forfeitures

$41,990,014

$41,990,014

$41,990,014

$41,990,014

Intergovernmental Transfers

$1,512,397,225 $1,512,397,225 $1,519,827,644 $1,519,827,644

Rebates, Refunds, and Reimbursements

$40,830,855

$40,830,855

$52,980,546

$52,980,546

Royalties and Rents

$5,000

$5,000

Sales and Services

$1,077,712,225 $1,077,712,225 $1,087,990,866 $1,087,990,866

TOTAL PUBLIC FUNDS

$4,502,841,561 $4,503,634,561 $4,535,998,312 $4,533,998,312

Advanced Technology Development Center/Economic

Continuation Budget

Development Institute

The purpose of this is to provide strategic business advice and connect its member companies to the people and resources

they need to succeed.

TOTAL STATE FUNDS

$8,852,624

$8,852,624

$8,852,624

$8,852,624

State General Funds

$8,852,624

$8,852,624

$8,852,624

$8,852,624

TOTAL AGENCY FUNDS

$12,875,000

$12,875,000

$12,875,000

$12,875,000

Intergovernmental Transfers

$7,875,000

$7,875,000

$7,875,000

$7,875,000

Intergovernmental Transfers Not Itemized

$7,875,000

$7,875,000

$7,875,000

$7,875,000

Sales and Services

$5,000,000

$5,000,000

$5,000,000

$5,000,000

1784

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$5,000,000

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$21,727,624

$21,727,624

$21,727,624

$21,727,624

Changes in How the Program is Funded

324.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in

departmental funds.

Sales and Services Not Itemized

$160,461

$160,461

324. Advanced Technology Development Center/Economic

Appropriation (HB1026)

Development Institute

The purpose of this is to provide strategic business advice and connect its member companies to the people and resources

they need to succeed.

TOTAL STATE FUNDS

$8,852,624

$8,852,624

$8,852,624

$8,852,624

State General Funds

$8,852,624

$8,852,624

$8,852,624

$8,852,624

TOTAL AGENCY FUNDS

$12,875,000

$12,875,000

$13,035,461

$13,035,461

Intergovernmental Transfers

$7,875,000

$7,875,000

$7,875,000

$7,875,000

Intergovernmental Transfers Not Itemized

$7,875,000

$7,875,000

$7,875,000

$7,875,000

Sales and Services

$5,000,000

$5,000,000

$5,160,461

$5,160,461

Sales and Services Not Itemized

$5,000,000

$5,000,000

$5,160,461

$5,160,461

TOTAL PUBLIC FUNDS

$21,727,624

$21,727,624

$21,888,085

$21,888,085

Agricultural Experiment Station

Continuation Budget

The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase

profitability and global competitiveness.

TOTAL STATE FUNDS

$38,481,866

$38,481,866

$38,481,866

$38,481,866

State General Funds

$38,481,866

$38,481,866

$38,481,866

$38,481,866

TOTAL FEDERAL FUNDS

$4,604,976

$4,604,976

$4,604,976

$4,604,976

Federal Funds Not Itemized

$4,604,976

$4,604,976

$4,604,976

$4,604,976

TOTAL AGENCY FUNDS

$27,836,286

$27,836,286

$27,836,286

$27,836,286

Intergovernmental Transfers

$22,000,000

$22,000,000

$22,000,000

$22,000,000

Intergovernmental Transfers Not Itemized

$22,000,000

$22,000,000

$22,000,000

$22,000,000

Rebates, Refunds, and Reimbursements

$1,800,000

$1,800,000

$1,800,000

$1,800,000

Rebates, Refunds, and Reimbursements Not Itemized

$1,800,000

$1,800,000

$1,800,000

$1,800,000

Sales and Services

$4,036,286

$4,036,286

$4,036,286

$4,036,286

WEDNESDAY, MARCH 8, 2006

1785

Sales and Services Not Itemized

$4,036,286

$4,036,286

$4,036,286

$4,036,286

TOTAL PUBLIC FUNDS

$70,923,128

$70,923,128

$70,923,128

$70,923,128

Changes in the Size of the Program

325.1 Provide funding to minimize transfers from service level activities to cover ongoing maintenance and operations.

State General Funds

$300,000

$300,000

$300,000

$300,000

325. Agricultural Experiment Station

Appropriation (HB1026)

The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase

profitability and global competitiveness.

TOTAL STATE FUNDS

$38,781,866

$38,781,866

$38,781,866

$38,781,866

State General Funds

$38,781,866

$38,781,866

$38,781,866

$38,781,866

TOTAL FEDERAL FUNDS

$4,604,976

$4,604,976

$4,604,976

$4,604,976

Federal Funds Not Itemized

$4,604,976

$4,604,976

$4,604,976

$4,604,976

TOTAL AGENCY FUNDS

$27,836,286

$27,836,286

$27,836,286

$27,836,286

Intergovernmental Transfers

$22,000,000

$22,000,000

$22,000,000

$22,000,000

Intergovernmental Transfers Not Itemized

$22,000,000

$22,000,000

$22,000,000

$22,000,000

Rebates, Refunds, and Reimbursements

$1,800,000

$1,800,000

$1,800,000

$1,800,000

Rebates, Refunds, and Reimbursements Not Itemized

$1,800,000

$1,800,000

$1,800,000

$1,800,000

Sales and Services

$4,036,286

$4,036,286

$4,036,286

$4,036,286

Sales and Services Not Itemized

$4,036,286

$4,036,286

$4,036,286

$4,036,286

TOTAL PUBLIC FUNDS

$71,223,128

$71,223,128

$71,223,128

$71,223,128

Athens and Tifton Veterinary Laboratories

Continuation Budget

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$41,542

$41,542

$41,542

$41,542

State General Funds

$41,542

$41,542

$41,542

$41,542

TOTAL AGENCY FUNDS

$4,653,970

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers

$4,653,970

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers Not Itemized

$4,653,970

$4,653,970

$4,653,970

$4,653,970

TOTAL PUBLIC FUNDS

$4,695,512

$4,695,512

$4,695,512

$4,695,512

1786

JOURNAL OF THE SENATE

326. Athens and Tifton Veterinary Laboratories

Appropriation (HB1026)

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$41,542

$41,542

$41,542

$41,542

State General Funds

$41,542

$41,542

$41,542

$41,542

TOTAL AGENCY FUNDS

$4,653,970

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers

$4,653,970

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers Not Itemized

$4,653,970

$4,653,970

$4,653,970

$4,653,970

TOTAL PUBLIC FUNDS

$4,695,512

$4,695,512

$4,695,512

$4,695,512

Center for Assistive Technology and Environmental Access

Continuation Budget

The purpose is to provide research and development activities to target the increase function and independence of persons

with disabilities.

TOTAL STATE FUNDS

$326,080

$326,080

$326,080

$326,080

State General Funds

$326,080

$326,080

$326,080

$326,080

TOTAL PUBLIC FUNDS

$326,080

$326,080

$326,080

$326,080

Changes in How the Program is Funded

327.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect the annual

operating budget for Disability Related Services.

Intergovernmental Transfers Not Itemized

$1,590,309

$1,590,309

Rebates, Refunds, and Reimbursements Not Itemized

$468,670

$468,670

TOTAL PUBLIC FUNDS

$2,058,979

$2,058,979

327. Center for Assistive Technology and Environmental

Appropriation (HB1026)

The purpose is to provide research and development activities to target the increase function and independence of persons

with disabilities.

TOTAL STATE FUNDS

$326,080

$326,080

$326,080

$326,080

State General Funds

$326,080

$326,080

$326,080

$326,080

TOTAL AGENCY FUNDS

$2,058,979

$2,058,979

Intergovernmental Transfers

$1,590,309

$1,590,309

Intergovernmental Transfers Not Itemized

$1,590,309

$1,590,309

Rebates, Refunds, and Reimbursements

$468,670

$468,670

Rebates, Refunds, and Reimbursements Not Itemized

$468,670

$468,670

WEDNESDAY, MARCH 8, 2006

1787

TOTAL PUBLIC FUNDS

$326,080

$326,080

$2,385,059

$2,385,059

Cooperative Extension Service

Continuation Budget

The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research

based information.

TOTAL STATE FUNDS

$31,779,748

$31,779,748

$31,779,748

$31,779,748

State General Funds

$31,779,748

$31,779,748

$31,779,748

$31,779,748

TOTAL FEDERAL FUNDS

$5,086,168

$5,086,168

$5,086,168

$5,086,168

Federal Funds Not Itemized

$5,086,168

$5,086,168

$5,086,168

$5,086,168

TOTAL AGENCY FUNDS

$18,007,969

$18,007,969

$18,007,969

$18,007,969

Intergovernmental Transfers

$15,460,075

$15,460,075

$15,460,075

$15,460,075

Intergovernmental Transfers Not Itemized

$15,460,075

$15,460,075

$15,460,075

$15,460,075

Rebates, Refunds, and Reimbursements

$125,000

$125,000

$125,000

$125,000

Rebates, Refunds, and Reimbursements Not Itemized

$125,000

$125,000

$125,000

$125,000

Sales and Services

$2,422,894

$2,422,894

$2,422,894

$2,422,894

Sales and Services Not Itemized

$2,422,894

$2,422,894

$2,422,894

$2,422,894

TOTAL PUBLIC FUNDS

$54,873,885

$54,873,885

$54,873,885

$54,873,885

Changes in How the Program is Funded

328.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in conference

revenues.

Sales and Services Not Itemized

$450,000

$450,000

328. Cooperative Extension Service

Appropriation (HB1026)

The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research

based information.

TOTAL STATE FUNDS

$31,779,748

$31,779,748

$31,779,748

$31,779,748

State General Funds

$31,779,748

$31,779,748

$31,779,748

$31,779,748

TOTAL FEDERAL FUNDS

$5,086,168

$5,086,168

$5,086,168

$5,086,168

Federal Funds Not Itemized

$5,086,168

$5,086,168

$5,086,168

$5,086,168

TOTAL AGENCY FUNDS

$18,007,969

$18,007,969

$18,457,969

$18,457,969

Intergovernmental Transfers

$15,460,075

$15,460,075

$15,460,075

$15,460,075

Intergovernmental Transfers Not Itemized

$15,460,075

$15,460,075

$15,460,075

$15,460,075

1788

JOURNAL OF THE SENATE

Rebates, Refunds, and Reimbursements

$125,000

$125,000

$125,000

$125,000

Rebates, Refunds, and Reimbursements Not Itemized

$125,000

$125,000

$125,000

$125,000

Sales and Services

$2,422,894

$2,422,894

$2,872,894

$2,872,894

Sales and Services Not Itemized

$2,422,894

$2,422,894

$2,872,894

$2,872,894

TOTAL PUBLIC FUNDS

$54,873,885

$54,873,885

$55,323,885

$55,323,885

Forestry Cooperative Extension

Continuation Budget

The purpose of this program is to provide conservation and sustainable management of forests and other natural resources

and to put into practice forestry and natural resources knowledge.

TOTAL STATE FUNDS

$632,486

$632,486

$632,486

$632,486

State General Funds

$632,486

$632,486

$632,486

$632,486

TOTAL PUBLIC FUNDS

$632,486

$632,486

$632,486

$632,486

Changes in How the Program is Funded

329.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in conference

revenues.

Sales and Services Not Itemized

$4,000

$4,000

329. Forestry Cooperative Extension

Appropriation (HB1026)

The purpose of this program is to provide conservation and sustainable management of forests and other natural resources

and to put into practice forestry and natural resources knowledge.

TOTAL STATE FUNDS

$632,486

$632,486

$632,486

$632,486

State General Funds

$632,486

$632,486

$632,486

$632,486

TOTAL AGENCY FUNDS

$4,000

$4,000

Sales and Services

$4,000

$4,000

Sales and Services Not Itemized

$4,000

$4,000

TOTAL PUBLIC FUNDS

$632,486

$632,486

$636,486

$636,486

Forestry Research

Continuation Budget

The purpose of this program is to provide to sustain competitiveness of Georgia's forest products industry and private land

owners through research and meet environmental goals of sustainable forestry initiative.

TOTAL STATE FUNDS

$3,011,535

$3,011,535

$3,011,535

$3,011,535

State General Funds

$3,011,535

$3,011,535

$3,011,535

$3,011,535

TOTAL PUBLIC FUNDS

$3,011,535

$3,011,535

$3,011,535

$3,011,535

Changes in How the Program is Funded

WEDNESDAY, MARCH 8, 2006

1789

330.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in

departmental funds.

Royalties and Rents Not Itemized

$5,000

$5,000

Sales and Services Not Itemized

$530,000

$530,000

TOTAL PUBLIC FUNDS

$535,000

$535,000

330. Forestry Research

Appropriation (HB1026)

The purpose of this program is to provide to sustain competitiveness of Georgia's forest products industry and private land

owners through research and meet environmental goals of sustainable forestry initiative.

TOTAL STATE FUNDS

$3,011,535

$3,011,535

$3,011,535

$3,011,535

State General Funds

$3,011,535

$3,011,535

$3,011,535

$3,011,535

TOTAL AGENCY FUNDS

$535,000

$535,000

Royalties and Rents

$5,000

$5,000

Royalties and Rents Not Itemized

$5,000

$5,000

Sales and Services

$530,000

$530,000

Sales and Services Not Itemized

$530,000

$530,000

TOTAL PUBLIC FUNDS

$3,011,535

$3,011,535

$3,546,535

$3,546,535

Georgia Radiation Therapy Center

Continuation Budget

The purpose is to provide patient care and education.

TOTAL AGENCY FUNDS

$3,625,810

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures

$3,625,810

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures Not Itemized

$3,625,810

$3,625,810

$3,625,810

$3,625,810

TOTAL PUBLIC FUNDS

$3,625,810

$3,625,810

$3,625,810

$3,625,810

331. Georgia Radiation Therapy Center

Appropriation (HB1026)

The purpose is to provide patient care and education.

TOTAL AGENCY FUNDS

$3,625,810

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures

$3,625,810

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures Not Itemized

$3,625,810

$3,625,810

$3,625,810

$3,625,810

TOTAL PUBLIC FUNDS

$3,625,810

$3,625,810

$3,625,810

$3,625,810

Georgia Tech Research Institute

Continuation Budget

The purpose is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science,

technology and education in Georgia.

1790

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$6,842,095

$6,842,095

$6,842,095

$6,842,095

State General Funds

$6,842,095

$6,842,095

$6,842,095

$6,842,095

TOTAL AGENCY FUNDS

$122,917,958 $122,917,958 $122,917,958 $122,917,958

Intergovernmental Transfers

$76,469,736

$76,469,736

$76,469,736

$76,469,736

Intergovernmental Transfers Not Itemized

$76,469,736

$76,469,736

$76,469,736

$76,469,736

Rebates, Refunds, and Reimbursements

$38,748,222

$38,748,222

$38,748,222

$38,748,222

Rebates, Refunds, and Reimbursements Not Itemized

$38,748,222

$38,748,222

$38,748,222

$38,748,222

Sales and Services

$7,700,000

$7,700,000

$7,700,000

$7,700,000

Sales and Services Not Itemized

$7,700,000

$7,700,000

$7,700,000

$7,700,000

TOTAL PUBLIC FUNDS

$129,760,053 $129,760,053 $129,760,053 $129,760,053

Changes in Operations / Administration

332.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$552,811

$552,811

$552,811

$552,811

332. Georgia Tech Research Institute

Appropriation (HB1026)

The purpose is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science,

technology and education in Georgia.

TOTAL STATE FUNDS

$7,394,906

$7,394,906

$7,394,906

$7,394,906

State General Funds

$7,394,906

$7,394,906

$7,394,906

$7,394,906

TOTAL AGENCY FUNDS

$122,917,958 $122,917,958 $122,917,958 $122,917,958

Intergovernmental Transfers

$76,469,736

$76,469,736

$76,469,736

$76,469,736

Intergovernmental Transfers Not Itemized

$76,469,736

$76,469,736

$76,469,736

$76,469,736

Rebates, Refunds, and Reimbursements

$38,748,222

$38,748,222

$38,748,222

$38,748,222

Rebates, Refunds, and Reimbursements Not Itemized

$38,748,222

$38,748,222

$38,748,222

$38,748,222

Sales and Services

$7,700,000

$7,700,000

$7,700,000

$7,700,000

Sales and Services Not Itemized

$7,700,000

$7,700,000

$7,700,000

$7,700,000

TOTAL PUBLIC FUNDS

$130,312,864 $130,312,864 $130,312,864 $130,312,864

Marine Institute

Continuation Budget

The purpose is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS

$923,165

$923,165

$923,165

$923,165

State General Funds

$923,165

$923,165

$923,165

$923,165

TOTAL AGENCY FUNDS

$767,633

$767,633

$767,633

$767,633

WEDNESDAY, MARCH 8, 2006

1791

Intergovernmental Transfers

$700,000

$700,000

$700,000

Intergovernmental Transfers Not Itemized

$700,000

$700,000

$700,000

Rebates, Refunds, and Reimbursements

$67,633

$67,633

$67,633

Rebates, Refunds, and Reimbursements Not Itemized

$67,633

$67,633

$67,633

TOTAL PUBLIC FUNDS

$1,690,798

$1,690,798

$1,690,798

333. Marine Institute

Appropriation (HB1026)

The purpose is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS

$923,165

$923,165

$923,165

State General Funds

$923,165

$923,165

$923,165

TOTAL AGENCY FUNDS

$767,633

$767,633

$767,633

Intergovernmental Transfers

$700,000

$700,000

$700,000

Intergovernmental Transfers Not Itemized

$700,000

$700,000

$700,000

Rebates, Refunds, and Reimbursements

$67,633

$67,633

$67,633

Rebates, Refunds, and Reimbursements Not Itemized

$67,633

$67,633

$67,633

TOTAL PUBLIC FUNDS

$1,690,798

$1,690,798

$1,690,798

Marine Resources Extension Center

Continuation Budget

The purpose is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS

$1,426,750

$1,426,750

$1,426,750

State General Funds

$1,426,750

$1,426,750

$1,426,750

TOTAL AGENCY FUNDS

$1,184,800

$1,184,800

$1,184,800

Intergovernmental Transfers

$600,000

$600,000

$600,000

Intergovernmental Transfers Not Itemized

$600,000

$600,000

$600,000

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

Sales and Services

$494,800

$494,800

$494,800

Sales and Services Not Itemized

$494,800

$494,800

$494,800

TOTAL PUBLIC FUNDS

$2,611,550

$2,611,550

$2,611,550

334. Marine Resources Extension Center

Appropriation (HB1026)

The purpose is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS

$1,426,750

$1,426,750

$1,426,750

State General Funds

$1,426,750

$1,426,750

$1,426,750

$700,000 $700,000
$67,633 $67,633 $1,690,798
$923,165 $923,165 $767,633 $700,000 $700,000
$67,633 $67,633 $1,690,798
$1,426,750 $1,426,750 $1,184,800
$600,000 $600,000
$90,000 $90,000 $494,800 $494,800 $2,611,550
$1,426,750 $1,426,750

1792

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$1,184,800

$1,184,800

$1,184,800

$1,184,800

Intergovernmental Transfers

$600,000

$600,000

$600,000

$600,000

Intergovernmental Transfers Not Itemized

$600,000

$600,000

$600,000

$600,000

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

$90,000

Sales and Services

$494,800

$494,800

$494,800

$494,800

Sales and Services Not Itemized

$494,800

$494,800

$494,800

$494,800

TOTAL PUBLIC FUNDS

$2,611,550

$2,611,550

$2,611,550

$2,611,550

Medical College of Georgia Hospital and Clinics

Continuation Budget

The purpose is to care, teach, and refer clients.

TOTAL STATE FUNDS

$31,510,080

$31,510,080

$31,510,080

$31,510,080

State General Funds

$31,510,080

$31,510,080

$31,510,080

$31,510,080

TOTAL PUBLIC FUNDS

$31,510,080

$31,510,080

$31,510,080

$31,510,080

335. Medical College of Georgia Hospital and Clinics

Appropriation (HB1026)

The purpose is to care, teach, and refer clients.

TOTAL STATE FUNDS

$31,510,080

$31,510,080

$31,510,080

$31,510,080

State General Funds

$31,510,080

$31,510,080

$31,510,080

$31,510,080

TOTAL PUBLIC FUNDS

$31,510,080

$31,510,080

$31,510,080

$31,510,080

Office of Minority Business Enterprise

Continuation Budget

The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a

disadvantaged position.

TOTAL STATE FUNDS

$860,499

$860,499

$860,499

$860,499

State General Funds

$860,499

$860,499

$860,499

$860,499

TOTAL PUBLIC FUNDS

$860,499

$860,499

$860,499

$860,499

336. Office of Minority Business Enterprise

Appropriation (HB1026)

The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a

disadvantaged position.

TOTAL STATE FUNDS

$860,499

$860,499

$860,499

$860,499

State General Funds

$860,499

$860,499

$860,499

$860,499

TOTAL PUBLIC FUNDS

$860,499

$860,499

$860,499

$860,499

WEDNESDAY, MARCH 8, 2006

1793

Public Service / Special Funding Initiatives

Continuation Budget

The purpose is to provide leadership, service, and education.

TOTAL STATE FUNDS

$29,821,275

$29,821,275

$29,821,275

$29,821,275

State General Funds

$24,821,275

$24,821,275

$24,821,275

$24,821,275

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$29,821,275

$29,821,275

$29,821,275

$29,821,275

One-Time Expense

337.1 Provide funds to North Georgia College and State University for loss of revenues due to cadet deployment.

State General Funds

$0

$410,000

$410,000

$410,000

337. Public Service / Special Funding Initiatives

Appropriation (HB1026)

The purpose is to provide leadership, service, and education.

TOTAL STATE FUNDS

$29,821,275

$30,231,275

$30,231,275

$30,231,275

State General Funds

$24,821,275

$25,231,275

$25,231,275

$25,231,275

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$29,821,275

$30,231,275

$30,231,275

$30,231,275

Regents Central Office

Continuation Budget

The purpose is to provide administrative support to all colleges and universities in the university system.

TOTAL STATE FUNDS

$7,264,505

$7,264,505

$7,264,505

$7,264,505

State General Funds

$7,264,505

$7,264,505

$7,264,505

$7,264,505

TOTAL PUBLIC FUNDS

$7,264,505

$7,264,505

$7,264,505

$7,264,505

Statewide Changes

338.1 WC, GTA, and GBA

State General Funds

$14,976

$14,976

$14,976

$14,976

Changes in Operations / Administration

338.2 Transfer from Public Libraries to correct an error in the GBA real estate rental rate.

State General Funds

$69,356

$69,356

$69,356

$69,356

338. Regents Central Office

Appropriation (HB1026)

The purpose is to provide administrative support to all colleges and universities in the university system.

TOTAL STATE FUNDS

$7,348,837

$7,348,837

$7,348,837

$7,348,837

State General Funds

$7,348,837

$7,348,837

$7,348,837

$7,348,837

TOTAL PUBLIC FUNDS

$7,348,837

$7,348,837

$7,348,837

$7,348,837

1794

JOURNAL OF THE SENATE

Research Consortium

Continuation Budget

The purpose is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS

$21,287,489

$21,287,489

$21,287,489

$21,287,489

State General Funds

$20,537,489

$20,537,489

$20,537,489

$20,537,489

Tobacco Settlement Funds

$750,000

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$21,287,489

$21,287,489

$21,287,489

$21,287,489

One-Time Expense

339.1 Provide funds for research equipment in the Traditional Industries Program to replace the bond originally

appropriated in FY 2006.

State General Funds

$900,000

$900,000

$900,000

$900,000

339.2 Provide funds for the Bio-Refinery for equipment.

State General Funds

$525,000

$525,000

$525,000

$525,000

339. Research Consortium

Appropriation (HB1026)

The purpose is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS

$22,712,489

$22,712,489

$22,712,489

$22,712,489

State General Funds

$21,962,489

$21,962,489

$21,962,489

$21,962,489

Tobacco Settlement Funds

$750,000

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$22,712,489

$22,712,489

$22,712,489

$22,712,489

Skidaway Institute of Oceanography

Continuation Budget

The purpose is to provide a center of excellence in marine and ocean science research, which expands the body of

knowledge on marine environments.

TOTAL STATE FUNDS

$1,557,477

$1,557,477

$1,557,477

$1,557,477

State General Funds

$1,557,477

$1,557,477

$1,557,477

$1,557,477

TOTAL AGENCY FUNDS

$5,658,000

$5,658,000

$5,658,000

$5,658,000

Intergovernmental Transfers

$4,113,000

$4,113,000

$4,113,000

$4,113,000

Intergovernmental Transfers Not Itemized

$4,113,000

$4,113,000

$4,113,000

$4,113,000

Sales and Services

$1,545,000

$1,545,000

$1,545,000

$1,545,000

Sales and Services Not Itemized

$1,545,000

$1,545,000

$1,545,000

$1,545,000

TOTAL PUBLIC FUNDS

$7,215,477

$7,215,477

$7,215,477

$7,215,477

WEDNESDAY, MARCH 8, 2006

1795

Statewide Changes

340.1 WC, GTA, and GBA

State General Funds

$3,404

$3,404

$3,404

$3,404

340. Skidaway Institute of Oceanography

Appropriation (HB1026)

The purpose is to provide a center of excellence in marine and ocean science research, which expands the body of

knowledge on marine environments.

TOTAL STATE FUNDS

$1,560,881

$1,560,881

$1,560,881

$1,560,881

State General Funds

$1,560,881

$1,560,881

$1,560,881

$1,560,881

TOTAL AGENCY FUNDS

$5,658,000

$5,658,000

$5,658,000

$5,658,000

Intergovernmental Transfers

$4,113,000

$4,113,000

$4,113,000

$4,113,000

Intergovernmental Transfers Not Itemized

$4,113,000

$4,113,000

$4,113,000

$4,113,000

Sales and Services

$1,545,000

$1,545,000

$1,545,000

$1,545,000

Sales and Services Not Itemized

$1,545,000

$1,545,000

$1,545,000

$1,545,000

TOTAL PUBLIC FUNDS

$7,218,881

$7,218,881

$7,218,881

$7,218,881

Student Education Enrichment Program

Continuation Budget

The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational

experiences.

TOTAL STATE FUNDS

$304,035

$304,035

$304,035

$304,035

State General Funds

$304,035

$304,035

$304,035

$304,035

TOTAL PUBLIC FUNDS

$304,035

$304,035

$304,035

$304,035

341. Student Education Enrichment Program

Appropriation (HB1026)

The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational

experiences.

TOTAL STATE FUNDS

$304,035

$304,035

$304,035

$304,035

State General Funds

$304,035

$304,035

$304,035

$304,035

TOTAL PUBLIC FUNDS

$304,035

$304,035

$304,035

$304,035

Teaching

Continuation Budget

The purpose is to establish all such schools of learning or art as may be useful to the state and to organize them in the way

most likely to attain the ends desired.

TOTAL STATE FUNDS

$1,558,562,243 $1,558,562,243 $1,558,562,243 $1,558,562,243

State General Funds

$1,558,562,243 $1,558,562,243 $1,558,562,243 $1,558,562,243

1796

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$2,468,702,893 $2,468,702,893 $2,468,702,893 $2,468,702,893

Contributions, Donations, and Forfeitures

$38,364,204

$38,364,204

$38,364,204

$38,364,204

Contributions, Donations, and Forfeitures Not Itemized

$38,364,204

$38,364,204

$38,364,204

$38,364,204

Intergovernmental Transfers

$1,380,525,444 $1,380,525,444 $1,380,525,444 $1,380,525,444

Intergovernmental Transfers Not Itemized

$1,380,525,444 $1,380,525,444 $1,380,525,444 $1,380,525,444

Sales and Services

$1,049,813,245 $1,049,813,245 $1,049,813,245 $1,049,813,245

Sales and Services Not Itemized

$1,049,813,245 $1,049,813,245 $1,049,813,245 $1,049,813,245

TOTAL PUBLIC FUNDS

$4,027,265,136 $4,027,265,136 $4,027,265,136 $4,027,265,136

Statewide Changes

342.1 WC, GTA, and GBA

State General Funds

$1,699,608

$1,699,608

$1,699,608

$1,699,608

Changes in Operations / Administration

342.2 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University.

State General Funds

$677,118

$677,118

$677,118

$677,118

Changes in How the Program is Funded

342.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect the actual annual

operating budget.

Intergovernmental Transfers Not Itemized

$5,840,110

$5,840,110

Rebates, Refunds, and Reimbursements Not Itemized

$11,681,021

$11,681,021

Sales and Services Not Itemized

$9,134,180

$9,134,180

TOTAL PUBLIC FUNDS

$26,655,311

$26,655,311

342. Teaching

Appropriation (HB1026)

The purpose is to establish all such schools of learning or art as may be useful to the state and to organize them in the way

most likely to attain the ends desired.

TOTAL STATE FUNDS

$1,560,938,969 $1,560,938,969 $1,560,938,969 $1,560,938,969

State General Funds

$1,560,938,969 $1,560,938,969 $1,560,938,969 $1,560,938,969

TOTAL AGENCY FUNDS

$2,468,702,893 $2,468,702,893 $2,495,358,204 $2,495,358,204

Contributions, Donations, and Forfeitures

$38,364,204

$38,364,204

$38,364,204

$38,364,204

Contributions, Donations, and Forfeitures Not Itemized

$38,364,204

$38,364,204

$38,364,204

$38,364,204

Intergovernmental Transfers

$1,380,525,444 $1,380,525,444 $1,386,365,554 $1,386,365,554

Intergovernmental Transfers Not Itemized

$1,380,525,444 $1,380,525,444 $1,386,365,554 $1,386,365,554

WEDNESDAY, MARCH 8, 2006

1797

Rebates, Refunds, and Reimbursements

$11,681,021

$11,681,021

Rebates, Refunds, and Reimbursements Not Itemized

$11,681,021

$11,681,021

Sales and Services

$1,049,813,245 $1,049,813,245 $1,058,947,425 $1,058,947,425

Sales and Services Not Itemized

$1,049,813,245 $1,049,813,245 $1,058,947,425 $1,058,947,425

TOTAL PUBLIC FUNDS

$4,029,641,862 $4,029,641,862 $4,056,297,173 $4,056,297,173

Veterinary Medicine Experiment Station

Continuation Budget

The purpose is to coordinate and conduct research on animal disease problems of present and potential concern to

Georgia's livestock and poultry industries.

TOTAL STATE FUNDS

$3,148,784

$3,148,784

$3,148,784

$3,148,784

State General Funds

$3,148,784

$3,148,784

$3,148,784

$3,148,784

TOTAL PUBLIC FUNDS

$3,148,784

$3,148,784

$3,148,784

$3,148,784

343. Veterinary Medicine Experiment Station

Appropriation (HB1026)

The purpose is to coordinate and conduct research on animal disease problems of present and potential concern to

Georgia's livestock and poultry industries.

TOTAL STATE FUNDS

$3,148,784

$3,148,784

$3,148,784

$3,148,784

State General Funds

$3,148,784

$3,148,784

$3,148,784

$3,148,784

TOTAL PUBLIC FUNDS

$3,148,784

$3,148,784

$3,148,784

$3,148,784

Veterinary Medicine Teaching Hospital

Continuation Budget

The purpose of the program is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning,

nuclear scintigraphy, and various methods of ultrasonography.

TOTAL STATE FUNDS

$478,173

$478,173

$478,173

$478,173

State General Funds

$478,173

$478,173

$478,173

$478,173

TOTAL AGENCY FUNDS

$6,700,000

$6,700,000

$6,700,000

$6,700,000

Sales and Services

$6,700,000

$6,700,000

$6,700,000

$6,700,000

Sales and Services Not Itemized

$6,700,000

$6,700,000

$6,700,000

$6,700,000

TOTAL PUBLIC FUNDS

$7,178,173

$7,178,173

$7,178,173

$7,178,173

344. Veterinary Medicine Teaching Hospital

Appropriation (HB1026)

The purpose of the program is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning,

nuclear scintigraphy, and various methods of ultrasonography.

TOTAL STATE FUNDS

$478,173

$478,173

$478,173

$478,173

State General Funds

$478,173

$478,173

$478,173

$478,173

1798

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$6,700,000

$6,700,000

$6,700,000

$6,700,000

Sales and Services

$6,700,000

$6,700,000

$6,700,000

$6,700,000

Sales and Services Not Itemized

$6,700,000

$6,700,000

$6,700,000

$6,700,000

TOTAL PUBLIC FUNDS

$7,178,173

$7,178,173

$7,178,173

$7,178,173

Payments to the Georgia Cancer Coalition

Continuation Budget

The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS

$10,482,554

$10,482,554

$10,482,554

$10,482,554

Tobacco Settlement Funds

$10,482,554

$10,482,554

$10,482,554

$10,482,554

TOTAL PUBLIC FUNDS

$10,482,554

$10,482,554

$10,482,554

$10,482,554

Changes in Operations / Administration

345.1 Funds were transferred to the Board of Regents by an Executive Order. (S and CC:Maintain as a separate

program.)

Tobacco Settlement Funds

$0

$0

$0

$0

345. Payments to the Georgia Cancer Coalition

Appropriation (HB1026)

The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS

$10,482,554

$10,482,554

$10,482,554

$10,482,554

Tobacco Settlement Funds

$10,482,554

$10,482,554

$10,482,554

$10,482,554

TOTAL PUBLIC FUNDS

$10,482,554

$10,482,554

$10,482,554

$10,482,554

Payments to Georgia Military College

Continuation Budget

The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school.

TOTAL STATE FUNDS

$2,500,092

$2,500,092

$2,500,092

$2,500,092

State General Funds

$2,500,092

$2,500,092

$2,500,092

$2,500,092

TOTAL PUBLIC FUNDS

$2,500,092

$2,500,092

$2,500,092

$2,500,092

Statewide Changes

346.1 WC, GTA, and GBA

State General Funds

$13,642

$13,642

$13,642

$13,642

One-Time Expense

346.2 Provide funds for loss of revenues due to cadet deployment.

State General Funds

$383,000

$383,000

$383,000

346. Payments to Georgia Military College

Appropriation (HB1026)

The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school.

WEDNESDAY, MARCH 8, 2006

1799

TOTAL STATE FUNDS

$2,513,734

$2,896,734

$2,896,734

$2,896,734

State General Funds

$2,513,734

$2,896,734

$2,896,734

$2,896,734

TOTAL PUBLIC FUNDS

$2,513,734

$2,896,734

$2,896,734

$2,896,734

Payments to Public Telecommunications Commission, Georgia

Continuation Budget

The purpose is to create, produce and distribute high quality programs and services that educate, inform and entertain our

audiences and enrich the quality of their lives.

TOTAL STATE FUNDS

$16,954,058

$16,954,058

$16,954,058

$16,954,058

State General Funds

$16,954,058

$16,954,058

$16,954,058

$16,954,058

TOTAL PUBLIC FUNDS

$16,954,058

$16,954,058

$16,954,058

$16,954,058

Statewide Changes

347.1 WC, GTA, and GBA

State General Funds

$4,591

$4,591

$4,591

$4,591

347. Payments to Public Telecommunications Commission,

Appropriation (HB1026)

Georgia

The purpose is to create, produce and distribute high quality programs and services that educate, inform and entertain our

audiences and enrich the quality of their lives.

TOTAL STATE FUNDS

$16,958,649

$16,958,649

$16,958,649

$16,958,649

State General Funds

$16,958,649

$16,958,649

$16,958,649

$16,958,649

TOTAL PUBLIC FUNDS

$16,958,649

$16,958,649

$16,958,649

$16,958,649

Public Libraries

Continuation Budget

The purpose is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS

$35,748,543

$35,748,543

$35,748,543

$35,748,543

State General Funds

$35,748,543

$35,748,543

$35,748,543

$35,748,543

TOTAL FEDERAL FUNDS

$2,509,208

$2,509,208

$2,509,208

$2,509,208

Federal Funds Not Itemized

$2,509,208

$2,509,208

$2,509,208

$2,509,208

TOTAL PUBLIC FUNDS

$38,257,751

$38,257,751

$38,257,751

$38,257,751

Statewide Changes

348.1 WC, GTA, and GBA

State General Funds

$2,042

$2,042

$2,042

$2,042

1800

JOURNAL OF THE SENATE

Changes in Operations / Administration

348.2 Transfer to Regents Central Office to correct an error in the GBA real estate rental rate.

State General Funds

($69,356)

($69,356)

($69,356)

($69,356)

348.3 Adjust funds to correct an error in the increase of the employer share of the State Health Benefit Plan.

State General Funds

$220,000

$220,000

$220,000

$220,000

One-Time Expense

348.4 Provide grant funds for resources and materials to be equally distributed to each library system. (CC: Creation of

joint library enhancement fund to be funded equally by both chambers at $2,000,000 in FY2007 General Budget)

State General Funds

$2,000,000

$0

348. Public Libraries

Appropriation (HB1026)

The purpose is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS

$35,901,229

$35,901,229

$37,901,229

$35,901,229

State General Funds

$35,901,229

$35,901,229

$37,901,229

$35,901,229

TOTAL FEDERAL FUNDS

$2,509,208

$2,509,208

$2,509,208

$2,509,208

Federal Funds Not Itemized

$2,509,208

$2,509,208

$2,509,208

$2,509,208

TOTAL PUBLIC FUNDS

$38,410,437

$38,410,437

$40,410,437

$38,410,437

One-Time Expense

427.2 Provide funds for a Coverdell Eminent Scholar at Georgia College and State University.

State General Funds

$500,000

$500,000

427. Georgia Eminent Scholars Endowment Trust Fund

Appropriation (HB1026)

The purpose of this appropriation is provide challenge grants to raise funds to be used by units of the University System of

Georgia and foundations established to further the work of such units in endowing chairs to attract eminent scholars to join

the faculties of units of the University System of Georgia.

TOTAL STATE FUNDS

$500,000

$500,000

State General Funds

$500,000

$500,000

TOTAL PUBLIC FUNDS

$500,000

$500,000

Section 40: Revenue, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$538,503,629 $538,503,629 $538,503,629 $538,503,629

State General Funds

$538,353,629 $538,353,629 $538,353,629 $538,353,629

Tobacco Settlement Funds

$150,000

$150,000

$150,000

$150,000

TOTAL AGENCY FUNDS

$7,005,348

$7,005,348

$7,005,348

$7,005,348

WEDNESDAY, MARCH 8, 2006

1801

Reserved Fund Balances

$426,769

$426,769

$426,769

$426,769

Sales and Services

$6,578,579

$6,578,579

$6,578,579

$6,578,579

TOTAL PUBLIC FUNDS

$545,508,977 $545,508,977 $545,508,977 $545,508,977

Section Total - Final

TOTAL STATE FUNDS

$528,217,125 $524,792,125 $524,792,125 $524,792,125

State General Funds

$528,067,125 $524,642,125 $524,642,125 $524,642,125

Tobacco Settlement Funds

$150,000

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$1,692,514

$1,692,514

Federal Funds Not Itemized

$1,692,514

$1,692,514

TOTAL AGENCY FUNDS

$7,005,348

$7,005,348

$14,896,089

$11,471,089

Reserved Fund Balances

$426,769

$426,769

$426,769

$426,769

Intergovernmental Transfers

$3,425,000

Rebates, Refunds, and Reimbursements

$103,185

$103,185

Sales and Services

$6,578,579

$6,578,579

$10,941,135

$10,941,135

TOTAL PUBLIC FUNDS

$535,222,473 $531,797,473 $541,380,728 $537,955,728

Customer Service

Continuation Budget

The purpose is to assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary

compliance and the Taxpayer Bill of Rights.

TOTAL STATE FUNDS

$9,644,919

$9,644,919

$9,644,919

$9,644,919

State General Funds

$9,644,919

$9,644,919

$9,644,919

$9,644,919

TOTAL AGENCY FUNDS

$2,110,135

$2,110,135

$2,110,135

$2,110,135

Sales and Services

$2,110,135

$2,110,135

$2,110,135

$2,110,135

Sales and Services Not Itemized

$2,110,135

$2,110,135

$2,110,135

$2,110,135

TOTAL PUBLIC FUNDS

$11,755,054

$11,755,054

$11,755,054

$11,755,054

Statewide Changes

349.1 WC, GTA, and GBA

State General Funds

$8,469

$8,469

$8,469

$8,469

One-Time Expense

349.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to cover

Department of Law invoices for legal representation in public utility appraisal litigation.

Rebates, Refunds, and Reimbursements Not Itemized

$103,185

$103,185

1802

JOURNAL OF THE SENATE

Changes in the Size of the Program

349.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure positive customer relations with

Georgia taxpayers.

State General Funds

$675,936

$675,936

$675,936

$675,936

349. Customer Service

Appropriation (HB1026)

The purpose is to assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary

compliance and the Taxpayer Bill of Rights.

TOTAL STATE FUNDS

$10,329,324

$10,329,324

$10,329,324

$10,329,324

State General Funds

$10,329,324

$10,329,324

$10,329,324

$10,329,324

TOTAL AGENCY FUNDS

$2,110,135

$2,110,135

$2,213,320

$2,213,320

Rebates, Refunds, and Reimbursements

$103,185

$103,185

Rebates, Refunds, and Reimbursements Not Itemized

$103,185

$103,185

Sales and Services

$2,110,135

$2,110,135

$2,110,135

$2,110,135

Sales and Services Not Itemized

$2,110,135

$2,110,135

$2,110,135

$2,110,135

TOTAL PUBLIC FUNDS

$12,439,459

$12,439,459

$12,542,644

$12,542,644

Departmental Administration

Continuation Budget

The purpose is to administer and enforce the tax laws of the State of Georgia and provide general support services to the

operating programs of the Department of Revenue.

TOTAL STATE FUNDS

$3,979,012

$3,979,012

$3,979,012

$3,979,012

State General Funds

$3,979,012

$3,979,012

$3,979,012

$3,979,012

TOTAL PUBLIC FUNDS

$3,979,012

$3,979,012

$3,979,012

$3,979,012

Statewide Changes

350.1 WC, GTA, and GBA

State General Funds

$1,853

$1,853

$1,853

$1,853

Changes in the Size of the Program

350.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to cover projected cost of

administration.

Sales and Services Not Itemized

$385,200

$385,200

350. Departmental Administration

Appropriation (HB1026)

The purpose is to administer and enforce the tax laws of the State of Georgia and provide general support services to the

operating programs of the Department of Revenue.

WEDNESDAY, MARCH 8, 2006

1803

TOTAL STATE FUNDS

$3,980,865

$3,980,865

$3,980,865

$3,980,865

State General Funds

$3,980,865

$3,980,865

$3,980,865

$3,980,865

TOTAL AGENCY FUNDS

$385,200

$385,200

Sales and Services

$385,200

$385,200

Sales and Services Not Itemized

$385,200

$385,200

TOTAL PUBLIC FUNDS

$3,980,865

$3,980,865

$4,366,065

$4,366,065

Grants and Distribution

Continuation Budget

The purpose is to administer, collect, and distribute all local sales taxes in Georgia and to provide state retirement benefits

to local tax officials and their staffs.

TOTAL STATE FUNDS

$8,825,027

$8,825,027

$8,825,027

$8,825,027

State General Funds

$8,825,027

$8,825,027

$8,825,027

$8,825,027

TOTAL PUBLIC FUNDS

$8,825,027

$8,825,027

$8,825,027

$8,825,027

351. Grants and Distribution

Appropriation (HB1026)

The purpose is to administer, collect, and distribute all local sales taxes in Georgia and to provide state retirement benefits

to local tax officials and their staffs.

TOTAL STATE FUNDS

$8,825,027

$8,825,027

$8,825,027

$8,825,027

State General Funds

$8,825,027

$8,825,027

$8,825,027

$8,825,027

TOTAL PUBLIC FUNDS

$8,825,027

$8,825,027

$8,825,027

$8,825,027

Homeowner Tax Relief Grants

Continuation Budget

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each

qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2005.

TOTAL STATE FUNDS

$432,290,501 $432,290,501 $432,290,501 $432,290,501

State General Funds

$432,290,501 $432,290,501 $432,290,501 $432,290,501

TOTAL PUBLIC FUNDS

$432,290,501 $432,290,501 $432,290,501 $432,290,501

Changes in the Size of the Program

352.1 Reduce remaining unclaimed surplus in the Homeowners' Tax Relief Grants.

State General Funds

($10,324,254) ($10,324,254) ($10,324,254) ($10,324,254)

352.2 Transfer unclaimed surplus funds to Revenue Processing, Tax Compliance, Customer Service and Motor Vehicle

Registration to ensure accurate vehicle tax processing.

State General Funds

($9,675,746)

($9,675,746)

($9,675,746)

($9,675,746)

1804

JOURNAL OF THE SENATE

352. Homeowner Tax Relief Grants

Appropriation (HB1026)

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each

qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2005.

TOTAL STATE FUNDS

$412,290,501 $412,290,501 $412,290,501 $412,290,501

State General Funds

$412,290,501 $412,290,501 $412,290,501 $412,290,501

TOTAL PUBLIC FUNDS

$412,290,501 $412,290,501 $412,290,501 $412,290,501

Industry Regulation

Continuation Budget

The purpose is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products

and to ensure all coin operated amusement machines are properly licensed and decaled.

TOTAL STATE FUNDS

$4,516,392

$4,516,392

$4,516,392

$4,516,392

State General Funds

$4,366,392

$4,366,392

$4,366,392

$4,366,392

Tobacco Settlement Funds

$150,000

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$4,516,392

$4,516,392

$4,516,392

$4,516,392

Statewide Changes

353.1 WC, GTA, and GBA

State General Funds

$2,890

$2,890

$2,890

$2,890

Changes in the Size of the Program

353.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to cover the

cost of operating the On-Road Dyed Fuel Inspection Program, and to track and monitor compliance activities at

locations where tobacco products are sold and to ensure tobacco products are not sold to minors.

Federal Funds Not Itemized

$368,918

$368,918

TOTAL PUBLIC FUNDS

$368,918

$368,918

353. Industry Regulation

Appropriation (HB1026)

The purpose is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products

and to ensure all coin operated amusement machines are properly licensed and decaled.

TOTAL STATE FUNDS

$4,519,282

$4,519,282

$4,519,282

$4,519,282

State General Funds

$4,369,282

$4,369,282

$4,369,282

$4,369,282

Tobacco Settlement Funds

$150,000

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$368,918

$368,918

Federal Funds Not Itemized

$368,918

$368,918

TOTAL PUBLIC FUNDS

$4,519,282

$4,519,282

$4,888,200

$4,888,200

WEDNESDAY, MARCH 8, 2006

1805

Revenue Processing

Continuation Budget

The purpose is to ensure that all tax payments are received, credited, and deposited according to sound business practices

and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

TOTAL STATE FUNDS

$28,891,183

$28,891,183

$28,891,183

$28,891,183

State General Funds

$28,891,183

$28,891,183

$28,891,183

$28,891,183

TOTAL AGENCY FUNDS

$426,769

$426,769

$426,769

$426,769

Reserved Fund Balances

$426,769

$426,769

$426,769

$426,769

Reserved Fund Balances Not Itemized

$426,769

$426,769

$426,769

$426,769

TOTAL PUBLIC FUNDS

$29,317,952

$29,317,952

$29,317,952

$29,317,952

Statewide Changes

354.1 WC, GTA, and GBA

State General Funds

$20,620

$20,620

$20,620

$20,620

Changes in How the Program is Funded

354.4 Recapture unclaimed surplus funds from Homeowners' Tax Relief Grants originally designated for Revenue

Processing. (S: Recognize in kind Payments from Georgia Technology Authority originally in HB85 remitted to

StateTreasury). (CC: Do not recognize in-kind payments from GTA.)

State General Funds

($3,425,000)

($3,425,000)

($3,425,000)

Intergovernmental Transfers Not Itemized

$3,425,000

$0

TOTAL PUBLIC FUNDS

$0

($3,425,000)

Changes in the Size of the Program

354.2 Transfer one position to the Department of Public Safety.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

354.3 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure timely and accurate processing

of tax returns.

State General Funds

$7,425,526

$7,425,526

$7,425,526

$7,425,526

354. Revenue Processing

Appropriation (HB1026)

The purpose is to ensure that all tax payments are received, credited, and deposited according to sound business practices

and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

TOTAL STATE FUNDS

$36,307,329

$32,882,329

$32,882,329

$32,882,329

State General Funds

$36,307,329

$32,882,329

$32,882,329

$32,882,329

TOTAL AGENCY FUNDS

$426,769

$426,769

$3,851,769

$426,769

1806

JOURNAL OF THE SENATE

Reserved Fund Balances

$426,769

$426,769

$426,769

$426,769

Reserved Fund Balances Not Itemized

$426,769

$426,769

$426,769

$426,769

Intergovernmental Transfers

$3,425,000

Intergovernmental Transfers Not Itemized

$3,425,000

TOTAL PUBLIC FUNDS

$36,734,098

$33,309,098

$36,734,098

$33,309,098

Salvage Inspection

Continuation Budget

The purpose is for the inspection of rebuilt salvage vehicles.

TOTAL STATE FUNDS

$1,527,364

$1,527,364

$1,527,364

$1,527,364

State General Funds

$1,527,364

$1,527,364

$1,527,364

$1,527,364

TOTAL PUBLIC FUNDS

$1,527,364

$1,527,364

$1,527,364

$1,527,364

Statewide Changes

355.1 WC, GTA, and GBA

State General Funds

$1,181

$1,181

$1,181

$1,181

355. Salvage Inspection

Appropriation (HB1026)

The purpose is for the inspection of rebuilt salvage vehicles.

TOTAL STATE FUNDS

$1,528,545

$1,528,545

$1,528,545

$1,528,545

State General Funds

$1,528,545

$1,528,545

$1,528,545

$1,528,545

TOTAL PUBLIC FUNDS

$1,528,545

$1,528,545

$1,528,545

$1,528,545

State Board of Equalization

Continuation Budget

The purpose is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed

assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and

reasonably uniform with the values set on other classes of property throughout the state.

TOTAL STATE FUNDS

$5,000

$5,000

$5,000

$5,000

State General Funds

$5,000

$5,000

$5,000

$5,000

TOTAL PUBLIC FUNDS

$5,000

$5,000

$5,000

$5,000

356. State Board of Equalization

Appropriation (HB1026)

The purpose is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed

assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and

reasonably uniform with the values set on other classes of property throughout the state.

TOTAL STATE FUNDS

$5,000

$5,000

$5,000

$5,000

WEDNESDAY, MARCH 8, 2006

1807

State General Funds

$5,000

$5,000

$5,000

$5,000

TOTAL PUBLIC FUNDS

$5,000

$5,000

$5,000

$5,000

Tag and Title Registration

Continuation Budget

The purpose is to establish motor vehicle ownership.

TOTAL STATE FUNDS

$22,099,571

$22,099,571

$22,099,571

$22,099,571

State General Funds

$22,099,571

$22,099,571

$22,099,571

$22,099,571

TOTAL AGENCY FUNDS

$652,681

$652,681

$652,681

$652,681

Sales and Services

$652,681

$652,681

$652,681

$652,681

Sales and Services Not Itemized

$652,681

$652,681

$652,681

$652,681

TOTAL PUBLIC FUNDS

$22,752,252

$22,752,252

$22,752,252

$22,752,252

Statewide Changes

357.1 WC, GTA, and GBA

State General Funds

$10,458

$10,458

$10,458

$10,458

Changes in the Size of the Program

357.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure accurate vehicle tax processing.

State General Funds

$225,000

$225,000

$225,000

$225,000

357. Tag and Title Registration

Appropriation (HB1026)

The purpose is to establish motor vehicle ownership.

TOTAL STATE FUNDS

$22,335,029

$22,335,029

$22,335,029

$22,335,029

State General Funds

$22,335,029

$22,335,029

$22,335,029

$22,335,029

TOTAL AGENCY FUNDS

$652,681

$652,681

$652,681

$652,681

Sales and Services

$652,681

$652,681

$652,681

$652,681

Sales and Services Not Itemized

$652,681

$652,681

$652,681

$652,681

TOTAL PUBLIC FUNDS

$22,987,710

$22,987,710

$22,987,710

$22,987,710

Tax Compliance

Continuation Budget

The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS

$26,724,660

$26,724,660

$26,724,660

$26,724,660

State General Funds

$26,724,660

$26,724,660

$26,724,660

$26,724,660

TOTAL AGENCY FUNDS

$3,815,763

$3,815,763

$3,815,763

$3,815,763

Sales and Services

$3,815,763

$3,815,763

$3,815,763

$3,815,763

Sales and Services Not Itemized

$3,815,763

$3,815,763

$3,815,763

$3,815,763

1808

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$30,540,423

$30,540,423

$30,540,423

$30,540,423

Statewide Changes

358.1 WC, GTA, and GBA

State General Funds

$22,279

$22,279

$22,279

$22,279

Changes in the Size of the Program

358.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure timely and accurate revenue

collections processing.

State General Funds

$1,349,284

$1,349,284

$1,349,284

$1,349,284

358.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to

supplement the cost of enforcing motor vehicle tax compliance, and agency funds for seventy-five revenue agents.

Federal Funds Not Itemized

$1,323,596

$1,323,596

Sales and Services Not Itemized

$3,977,356

$3,977,356

TOTAL PUBLIC FUNDS

$5,300,952

$5,300,952

358. Tax Compliance

Appropriation (HB1026)

The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS

$28,096,223

$28,096,223

$28,096,223

$28,096,223

State General Funds

$28,096,223

$28,096,223

$28,096,223

$28,096,223

TOTAL FEDERAL FUNDS

$1,323,596

$1,323,596

Federal Funds Not Itemized

$1,323,596

$1,323,596

TOTAL AGENCY FUNDS

$3,815,763

$3,815,763

$7,793,119

$7,793,119

Sales and Services

$3,815,763

$3,815,763

$7,793,119

$7,793,119

Sales and Services Not Itemized

$3,815,763

$3,815,763

$7,793,119

$7,793,119

TOTAL PUBLIC FUNDS

$31,911,986

$31,911,986

$37,212,938

$37,212,938

Section 41A: Secretary of State

Section Total - Continuation

TOTAL STATE FUNDS

$34,038,145

$34,038,145

$34,038,145

$34,038,145

State General Funds

$34,038,145

$34,038,145

$34,038,145

$34,038,145

TOTAL AGENCY FUNDS

$1,493,584

$1,493,584

$1,493,584

$1,493,584

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

$50,000

Sales and Services

$1,443,584

$1,443,584

$1,443,584

$1,443,584

TOTAL PUBLIC FUNDS

$35,531,729

$35,531,729

$35,531,729

$35,531,729

WEDNESDAY, MARCH 8, 2006

1809

Section Total - Final

TOTAL STATE FUNDS

$35,078,552

$35,865,552

$36,065,775

$36,065,775

State General Funds

$35,078,552

$35,865,552

$36,065,775

$36,065,775

TOTAL AGENCY FUNDS

$1,493,584

$1,493,584

$1,493,584

$1,493,584

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

$50,000

Sales and Services

$1,443,584

$1,443,584

$1,443,584

$1,443,584

TOTAL PUBLIC FUNDS

$36,572,136

$37,359,136

$37,559,359

$37,559,359

Archives and Records

Continuation Budget

The purpose is to assist State Agencies in adequately documenting their activities, administering their records management

programs, scheduling their records and transferring their non-current records to the State Records Center.

TOTAL STATE FUNDS

$5,856,020

$5,856,020

$5,856,020

$5,856,020

State General Funds

$5,856,020

$5,856,020

$5,856,020

$5,856,020

TOTAL AGENCY FUNDS

$504,234

$504,234

$504,234

$504,234

Sales and Services

$504,234

$504,234

$504,234

$504,234

Sales and Services Not Itemized

$504,234

$504,234

$504,234

$504,234

TOTAL PUBLIC FUNDS

$6,360,254

$6,360,254

$6,360,254

$6,360,254

Statewide Changes

359.1 WC, GTA, and GBA

State General Funds

$2,655

$2,655

$2,655

$2,655

Changes in How the Program is Funded

359.2 Create a new fund source to properly reflect the Record Center Storage revenue. (H and S:YES)

Sales and Services Not Itemized

$0

$0

$0

359. Archives and Records

Appropriation (HB1026)

The purpose is to assist State Agencies in adequately documenting their activities, administering their records management

programs, scheduling their records and transferring their non-current records to the State Records Center.

TOTAL STATE FUNDS

$5,858,675

$5,858,675

$5,858,675

$5,858,675

State General Funds

$5,858,675

$5,858,675

$5,858,675

$5,858,675

TOTAL AGENCY FUNDS

$504,234

$504,234

$504,234

$504,234

Sales and Services

$504,234

$504,234

$504,234

$504,234

Sales and Services Not Itemized

$504,234

$504,234

$504,234

$504,234

TOTAL PUBLIC FUNDS

$6,362,909

$6,362,909

$6,362,909

$6,362,909

1810

JOURNAL OF THE SENATE

Capitol Tours

Continuation Budget

The purpose of this appropriation is to educate Georgians on the importance of civic involvement, the functions of state

government, and the history of the State Capitol.

TOTAL STATE FUNDS

$151,672

$151,672

$151,672

$151,672

State General Funds

$151,672

$151,672

$151,672

$151,672

TOTAL PUBLIC FUNDS

$151,672

$151,672

$151,672

$151,672

Statewide Changes

360.1 WC, GTA, and GBA

State General Funds

$122

$122

$122

$122

360. Capitol Tours

Appropriation (HB1026)

The purpose of this appropriation is to educate Georgians on the importance of civic involvement, the functions of state

government, and the history of the State Capitol.

TOTAL STATE FUNDS

$151,794

$151,794

$151,794

$151,794

State General Funds

$151,794

$151,794

$151,794

$151,794

TOTAL PUBLIC FUNDS

$151,794

$151,794

$151,794

$151,794

Corporations

Continuation Budget

The Corporations Division accepts and reviews filings made pursuant to the above enumerated statutes. The division issues

certifications of records on file and provides general information to the public on approximately 590,000 filed entities.

TOTAL STATE FUNDS

$1,312,934

$1,312,934

$1,312,934

$1,312,934

State General Funds

$1,312,934

$1,312,934

$1,312,934

$1,312,934

TOTAL AGENCY FUNDS

$739,350

$739,350

$739,350

$739,350

Sales and Services

$739,350

$739,350

$739,350

$739,350

Sales and Services Not Itemized

$739,350

$739,350

$739,350

$739,350

TOTAL PUBLIC FUNDS

$2,052,284

$2,052,284

$2,052,284

$2,052,284

Statewide Changes

361.1 WC, GTA, and GBA

State General Funds

$1,414

$1,414

$1,414

$1,414

361. Corporations

Appropriation (HB1026)

The Corporations Division accepts and reviews filings made pursuant to the above enumerated statutes. The division issues

certifications of records on file and provides general information to the public on approximately 590,000 filed entities.

WEDNESDAY, MARCH 8, 2006

1811

TOTAL STATE FUNDS

$1,314,348

$1,314,348

$1,314,348

$1,314,348

State General Funds

$1,314,348

$1,314,348

$1,314,348

$1,314,348

TOTAL AGENCY FUNDS

$739,350

$739,350

$739,350

$739,350

Sales and Services

$739,350

$739,350

$739,350

$739,350

Sales and Services Not Itemized

$739,350

$739,350

$739,350

$739,350

TOTAL PUBLIC FUNDS

$2,053,698

$2,053,698

$2,053,698

$2,053,698

Elections

Continuation Budget

The purpose is to administer all duties imposed upon the Secretary of State by the above cited Georgia federal laws by

providing all required filing and public information services, performing all certification and commissioning duties

required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election,

voter registration and financial disclosure laws.

TOTAL STATE FUNDS

$5,545,164

$5,545,164

$5,545,164

$5,545,164

State General Funds

$5,545,164

$5,545,164

$5,545,164

$5,545,164

TOTAL AGENCY FUNDS

$20,000

$20,000

$20,000

$20,000

Sales and Services

$20,000

$20,000

$20,000

$20,000

Sales and Services Not Itemized

$20,000

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$5,565,164

$5,565,164

$5,565,164

$5,565,164

Statewide Changes

362.1 WC, GTA, and GBA

State General Funds

$1,715

$1,715

$1,715

$1,715

One-Time Expense

362.2 Provide funds for notification of voters affected by redistricting.

State General Funds

$964,923

$964,923

$964,923

$964,923

Changes in How the Program is Funded

362.3 Transfer remaining funding for the State Board of Election to the new Budget Unit along with voter education

funds to implement SB84 (S and CC:YES).

State General Funds

$0

$0

362. Elections

Appropriation (HB1026)

The purpose is to administer all duties imposed upon the Secretary of State by the above cited Georgia federal laws by

providing all required filing and public information services, performing all certification and commissioning duties

1812

JOURNAL OF THE SENATE

required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election,

voter registration and financial disclosure laws.

TOTAL STATE FUNDS

$6,511,802

$6,511,802

$6,511,802

$6,511,802

State General Funds

$6,511,802

$6,511,802

$6,511,802

$6,511,802

TOTAL AGENCY FUNDS

$20,000

$20,000

$20,000

$20,000

Sales and Services

$20,000

$20,000

$20,000

$20,000

Sales and Services Not Itemized

$20,000

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$6,531,802

$6,531,802

$6,531,802

$6,531,802

Office Administration

Continuation Budget

The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its

attached agencies.

TOTAL STATE FUNDS

$4,642,318

$4,642,318

$4,642,318

$4,642,318

State General Funds

$4,642,318

$4,642,318

$4,642,318

$4,642,318

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$4,672,318

$4,672,318

$4,672,318

$4,672,318

Statewide Changes

363.1 WC, GTA, and GBA

State General Funds

$4,213

$4,213

$4,213

$4,213

Changes in the Size of the Program

363.2 Provide funds for legal fees associated with Voter ID litigation.

State General Funds

$287,000

$487,223

$487,223

363. Office Administration

Appropriation (HB1026)

The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its

attached agencies.

TOTAL STATE FUNDS

$4,646,531

$4,933,531

$5,133,754

$5,133,754

State General Funds

$4,646,531

$4,933,531

$5,133,754

$5,133,754

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

$30,000

WEDNESDAY, MARCH 8, 2006

1813

TOTAL PUBLIC FUNDS

$4,676,531

$4,963,531

$5,163,754

$5,163,754

Professional Licensing Boards

Continuation Budget

The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS

$9,318,609

$9,318,609

$9,318,609

$9,318,609

State General Funds

$9,318,609

$9,318,609

$9,318,609

$9,318,609

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$9,468,609

$9,468,609

$9,468,609

$9,468,609

Statewide Changes

364.1 WC, GTA, and GBA

State General Funds

$6,795

$6,795

$6,795

$6,795

364. Professional Licensing Boards

Appropriation (HB1026)

The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS

$9,325,404

$9,325,404

$9,325,404

$9,325,404

State General Funds

$9,325,404

$9,325,404

$9,325,404

$9,325,404

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$9,475,404

$9,475,404

$9,475,404

$9,475,404

Securities

Continuation Budget

The purpose is to provide for registration, compliance and enforcement of the above provisions of the Georgia Codes, and

to provide information to the public regarding subjects of such codes.

TOTAL STATE FUNDS

$1,961,222

$1,961,222

$1,961,222

$1,961,222

State General Funds

$1,961,222

$1,961,222

$1,961,222

$1,961,222

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements Not Itemized

$50,000

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$2,011,222

$2,011,222

$2,011,222

$2,011,222

1814

JOURNAL OF THE SENATE

Statewide Changes

365.1 WC, GTA, and GBA

State General Funds

$1,946

$1,946

$1,946

$1,946

365. Securities

Appropriation (HB1026)

The purpose is to provide for registration, compliance and enforcement of the above provisions of the Georgia Codes, and

to provide information to the public regarding subjects of such codes.

TOTAL STATE FUNDS

$1,963,168

$1,963,168

$1,963,168

$1,963,168

State General Funds

$1,963,168

$1,963,168

$1,963,168

$1,963,168

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements Not Itemized

$50,000

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$2,013,168

$2,013,168

$2,013,168

$2,013,168

Drugs and Narcotics Agency, Georgia

Continuation Budget

The purpose is to protect the health, safety, and welfare of the general public by providing an enforcement presence to

oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS

$1,288,769

$1,288,769

$1,288,769

$1,288,769

State General Funds

$1,288,769

$1,288,769

$1,288,769

$1,288,769

TOTAL PUBLIC FUNDS

$1,288,769

$1,288,769

$1,288,769

$1,288,769

Statewide Changes

366.1 WC, GTA, and GBA

State General Funds

$1,259

$1,259

$1,259

$1,259

366. Drugs and Narcotics Agency, Georgia

Appropriation (HB1026)

The purpose is to protect the health, safety, and welfare of the general public by providing an enforcement presence to

oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS

$1,290,028

$1,290,028

$1,290,028

$1,290,028

State General Funds

$1,290,028

$1,290,028

$1,290,028

$1,290,028

TOTAL PUBLIC FUNDS

$1,290,028

$1,290,028

$1,290,028

$1,290,028

State Ethics Commission

Continuation Budget

The purpose is to protect the integrity of the democratic process and to ensure fair elections with the public disclosure of

campaign financing and significant private interests of public officers and candidates for public office.

TOTAL STATE FUNDS

$824,434

$824,434

$824,434

$824,434

WEDNESDAY, MARCH 8, 2006

1815

State General Funds

$824,434

$824,434

$824,434

$824,434

TOTAL PUBLIC FUNDS

$824,434

$824,434

$824,434

$824,434

Statewide Changes

367.1 WC, GTA, and GBA

State General Funds

$679

$679

$679

$679

One-Time Expense

367.2 Provide funds necessary to transfer electronic elections filing system from Secretary of State to State Ethics

Commission.

State General Funds

$16,500

$16,500

$16,500

$16,500

367.4 Provide funds for technology upgrades and software compatibility.

State General Funds

$88,000

$88,000

$88,000

367.5 Provide funds for upgrades in technology associated with HB 48 (electronic campaign filing).

State General Funds

$412,000

$412,000

$412,000

367. State Ethics Commission

Appropriation (HB1026)

The purpose is to protect the integrity of the democratic process and to ensure fair elections with the public disclosure of

campaign financing and significant private interests of public officers and candidates for public office.

TOTAL STATE FUNDS

$841,613

$1,341,613

$1,341,613

$1,341,613

State General Funds

$841,613

$1,341,613

$1,341,613

$1,341,613

TOTAL PUBLIC FUNDS

$841,613

$1,341,613

$1,341,613

$1,341,613

Commission on the Holocaust, Georgia

Continuation Budget

The purpose is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an

awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their recurrence.

TOTAL STATE FUNDS

$245,915

$245,915

$245,915

$245,915

State General Funds

$245,915

$245,915

$245,915

$245,915

TOTAL PUBLIC FUNDS

$245,915

$245,915

$245,915

$245,915

Statewide Changes

368.1 WC, GTA, and GBA

State General Funds

$232

$232

$232

$232

368. Commission on the Holocaust, Georgia

Appropriation (HB1026)

The purpose is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an

awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their recurrence.

1816

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$246,147

$246,147

$246,147

$246,147

State General Funds

$246,147

$246,147

$246,147

$246,147

TOTAL PUBLIC FUNDS

$246,147

$246,147

$246,147

$246,147

Real Estate Commission

Continuation Budget

The purpose is to administer the license law that regulates brokers, salespersons, and community association managers.

TOTAL STATE FUNDS

$2,891,088

$2,891,088

$2,891,088

$2,891,088

State General Funds

$2,891,088

$2,891,088

$2,891,088

$2,891,088

TOTAL PUBLIC FUNDS

$2,891,088

$2,891,088

$2,891,088

$2,891,088

Statewide Changes

369.1 WC, GTA, and GBA

State General Funds

$1,954

$1,954

$1,954

$1,954

One-Time Expense

369.2 Provide funds to replace two high-mileage motor vehicles for investigations.

State General Funds

$36,000

$36,000

$36,000

$36,000

369. Real Estate Commission

Appropriation (HB1026)

The purpose is to administer the license law that regulates brokers, salespersons, and community association managers.

TOTAL STATE FUNDS

$2,929,042

$2,929,042

$2,929,042

$2,929,042

State General Funds

$2,929,042

$2,929,042

$2,929,042

$2,929,042

TOTAL PUBLIC FUNDS

$2,929,042

$2,929,042

$2,929,042

$2,929,042

Section 41B: State Election Board

Section Total - Final

TOTAL STATE FUNDS

$500,000

$550,000

$800,000

State General Funds

$500,000

$550,000

$800,000

TOTAL PUBLIC FUNDS

$500,000

$550,000

$800,000

Changes in How the Program is Funded

424.1 Account for remaining budget for State Elections Board in new Budget Unit. (S and CC:YES)

State General Funds

$0

$0

424.2 Transfer remaining voter education funding from Elections Program in Secretary of State to the State Elections

Board for voter education to implement SB 84. (S:YES)(CC:And use Appropriation)

State General Funds

$0

$250,000

WEDNESDAY, MARCH 8, 2006

1817

Changes in What Services are Offered

424.3 Provide funds for photo ID card equipment for counties per SB 84.

State General Funds

$500,000

$550,000

$550,000

424. State Election Board

Appropriation (HB1026)

TOTAL STATE FUNDS

$500,000

$550,000

$800,000

State General Funds

$500,000

$550,000

$800,000

TOTAL PUBLIC FUNDS

$500,000

$550,000

$800,000

Section 42: Soil and Water Conservation Commission

Section Total - Continuation

TOTAL STATE FUNDS

$3,706,196

$3,706,196

$3,706,196

$3,706,196

State General Funds

$3,706,196

$3,706,196

$3,706,196

$3,706,196

TOTAL FEDERAL FUNDS

$1,680,526

$1,680,526

$1,680,526

$1,680,526

Federal Funds Not Itemized

$1,680,526

$1,680,526

$1,680,526

$1,680,526

TOTAL AGENCY FUNDS

$7,049,487

$7,049,487

$7,049,487

$7,049,487

Intergovernmental Transfers

$6,799,922

$6,799,922

$6,799,922

$6,799,922

Sales and Services

$249,565

$249,565

$249,565

$249,565

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$12,817,114

$12,817,114

$12,817,114

$12,817,114

Section Total - Final

TOTAL STATE FUNDS

$3,709,361

$3,709,361

$3,709,361

$3,709,361

State General Funds

$3,709,361

$3,709,361

$3,709,361

$3,709,361

TOTAL FEDERAL FUNDS

$1,295,526

$1,295,526

$1,295,526

$1,295,526

Federal Funds Not Itemized

$1,295,526

$1,295,526

$1,295,526

$1,295,526

TOTAL AGENCY FUNDS

$7,049,312

$7,049,312

$7,049,312

$7,049,312

Intergovernmental Transfers

$6,799,922

$6,799,922

$6,799,922

$6,799,922

Sales and Services

$249,390

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$12,435,104

$12,435,104

$12,435,104

$12,435,104

Commission Administration

Continuation Budget

The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$583,098

$583,098

$583,098

$583,098

1818

JOURNAL OF THE SENATE

State General Funds TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS Statewide Changes 370.1 WC, GTA, and GBA State General Funds Changes in the Size of the Program 370.2 Remove funds to properly reflect program expenditures. Sales and Services Not Itemized

$583,098 $175 $175 $175
$583,273

$583,098 $175 $175 $175
$583,273

$583,098 $175 $175 $175
$583,273

$917

$917

$917

($175)

($175)

($175)

370. Commission Administration

Appropriation (HB1026)

The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$584,015

$584,015

$584,015

State General Funds

$584,015

$584,015

$584,015

TOTAL PUBLIC FUNDS

$584,015

$584,015

$584,015

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS

$227,332

$227,332

$227,332

State General Funds

$227,332

$227,332

$227,332

TOTAL FEDERAL FUNDS

$750,000

$750,000

$750,000

Federal Funds Not Itemized

$750,000

$750,000

$750,000

TOTAL AGENCY FUNDS

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers Not Itemized

$6,749,922

$6,749,922

$6,749,922

TOTAL PUBLIC FUNDS

$7,727,254

$7,727,254

$7,727,254

Statewide Changes

371.1 WC, GTA, and GBA

State General Funds

$376

$376

$376

$583,098 $175 $175 $175
$583,273
$917
($175)
$584,015 $584,015 $584,015
$227,332 $227,332 $750,000 $750,000 $6,749,922 $6,749,922 $6,749,922 $7,727,254
$376

WEDNESDAY, MARCH 8, 2006

1819

Changes in the Size of the Program

371.2 Transfer funds from the Conservation of Soil and Water Resources program for the Region V office in Dawson to

more accurately reflect program activities.

State General Funds

$18,461

$18,461

$18,461

$18,461

371. Conservation of Agricultural Water Supplies

Appropriation (HB1026)

The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS

$246,169

$246,169

$246,169

$246,169

State General Funds

$246,169

$246,169

$246,169

$246,169

TOTAL FEDERAL FUNDS

$750,000

$750,000

$750,000

$750,000

Federal Funds Not Itemized

$750,000

$750,000

$750,000

$750,000

TOTAL AGENCY FUNDS

$6,749,922

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers

$6,749,922

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers Not Itemized

$6,749,922

$6,749,922

$6,749,922

$6,749,922

TOTAL PUBLIC FUNDS

$7,746,091

$7,746,091

$7,746,091

$7,746,091

Conservation of Soil and Water Resources

Continuation Budget

The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best

management practices on agricultural lands.

TOTAL STATE FUNDS

$1,092,694

$1,092,694

$1,092,694

$1,092,694

State General Funds

$1,092,694

$1,092,694

$1,092,694

$1,092,694

TOTAL FEDERAL FUNDS

$863,526

$863,526

$863,526

$863,526

Federal Funds Not Itemized

$863,526

$863,526

$863,526

$863,526

TOTAL AGENCY FUNDS

$299,390

$299,390

$299,390

$299,390

Intergovernmental Transfers

$50,000

$50,000

$50,000

$50,000

Intergovernmental Transfers Not Itemized

$50,000

$50,000

$50,000

$50,000

Sales and Services

$249,390

$249,390

$249,390

$249,390

Sales and Services Not Itemized

$249,390

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

$380,905

Agency to Agency Contracts

$380,905

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$2,636,515

$2,636,515

$2,636,515

$2,636,515

1820

JOURNAL OF THE SENATE

Statewide Changes

372.1 WC, GTA, and GBA

State General Funds

$1,829

$1,829

$1,829

$1,829

Changes in Operations / Administration

372.2 Remove funds for contracts that were completed in FY 2005.

Federal Funds Not Itemized

($318,000)

($318,000)

($318,000)

($318,000)

Changes in the Size of the Program

372.3 Transfer funds to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to

more accurately reflect program activities.

State General Funds

($18,461)

($18,461)

($18,461)

($18,461)

372. Conservation of Soil and Water Resources

Appropriation (HB1026)

The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best

management practices on agricultural lands.

TOTAL STATE FUNDS

$1,076,062

$1,076,062

$1,076,062

$1,076,062

State General Funds

$1,076,062

$1,076,062

$1,076,062

$1,076,062

TOTAL FEDERAL FUNDS

$545,526

$545,526

$545,526

$545,526

Federal Funds Not Itemized

$545,526

$545,526

$545,526

$545,526

TOTAL AGENCY FUNDS

$299,390

$299,390

$299,390

$299,390

Intergovernmental Transfers

$50,000

$50,000

$50,000

$50,000

Intergovernmental Transfers Not Itemized

$50,000

$50,000

$50,000

$50,000

Sales and Services

$249,390

$249,390

$249,390

$249,390

Sales and Services Not Itemized

$249,390

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

$380,905

Agency to Agency Contracts

$380,905

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$2,301,883

$2,301,883

$2,301,883

$2,301,883

U.S.D.A. Flood Control Watershed Structures

Continuation Budget

The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

TOTAL STATE FUNDS

$19,655

$19,655

$19,655

$19,655

State General Funds

$19,655

$19,655

$19,655

$19,655

TOTAL PUBLIC FUNDS

$19,655

$19,655

$19,655

$19,655

WEDNESDAY, MARCH 8, 2006

1821

Statewide Changes

373.1 WC, GTA, and GBA

State General Funds

$39

$39

$39

$39

Changes in the Size of the Program

373.2 Redirect funds from Water Resources and Land Use Planning program to complete maintenance on four Category

1 Dams, ensuring the safety of Georgia residents.

State General Funds

$60,000

$60,000

$60,000

$60,000

373. U.S.D.A. Flood Control Watershed Structures

Appropriation (HB1026)

The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

TOTAL STATE FUNDS

$79,694

$79,694

$79,694

$79,694

State General Funds

$79,694

$79,694

$79,694

$79,694

TOTAL PUBLIC FUNDS

$79,694

$79,694

$79,694

$79,694

Water Resources and Land Use Planning

Continuation Budget

The purpose is to improve the understanding of water use and to develop plans that improve water management and

efficiency.

TOTAL STATE FUNDS

$1,783,417

$1,783,417

$1,783,417

$1,783,417

State General Funds

$1,783,417

$1,783,417

$1,783,417

$1,783,417

TOTAL FEDERAL FUNDS

$67,000

$67,000

$67,000

$67,000

Federal Funds Not Itemized

$67,000

$67,000

$67,000

$67,000

TOTAL PUBLIC FUNDS

$1,850,417

$1,850,417

$1,850,417

$1,850,417

Statewide Changes

374.1 WC, GTA, and GBA

State General Funds

$4

$4

$4

$4

Changes in Operations / Administration

374.2 Remove funds for a contract that was completed in FY 2005.

Federal Funds Not Itemized

($67,000)

($67,000)

($67,000)

($67,000)

Changes in the Size of the Program

374.3 Redirect state funds to USDA Flood Control Watershed Structures program to complete maintenance on f our

Category 1 Dams, ensuring the safety of Georgia residents.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

1822

JOURNAL OF THE SENATE

374. Water Resources and Land Use Planning

Appropriation (HB1026)

The purpose is to improve the understanding of water use and to develop plans that improve water management and

efficiency.

TOTAL STATE FUNDS

$1,723,421

$1,723,421

$1,723,421

$1,723,421

State General Funds

$1,723,421

$1,723,421

$1,723,421

$1,723,421

TOTAL PUBLIC FUNDS

$1,723,421

$1,723,421

$1,723,421

$1,723,421

Section 43: Student Finance Commission and Authority, Georgia

Section Total - Continuation

TOTAL STATE FUNDS

$559,488,637 $559,488,637 $559,488,637 $559,488,637

Lottery Proceeds

$521,548,450 $521,548,450 $521,548,450 $521,548,450

State General Funds

$37,940,187

$37,940,187

$37,940,187

$37,940,187

TOTAL FEDERAL FUNDS

$520,653

$520,653

$520,653

$520,653

Federal Funds Not Itemized

$520,653

$520,653

$520,653

$520,653

TOTAL PUBLIC FUNDS

$560,009,290 $560,009,290 $560,009,290 $560,009,290

Section Total - Final

TOTAL STATE FUNDS

$559,588,637 $559,588,637 $559,588,637 $557,047,930

Lottery Proceeds

$521,548,450 $521,548,450 $521,548,450 $521,548,450

State General Funds

$38,040,187

$38,040,187

$38,040,187

$35,499,480

TOTAL FEDERAL FUNDS

$520,653

$520,653

$522,134

$522,134

Federal Funds Not Itemized

$520,653

$520,653

$522,134

$522,134

TOTAL AGENCY FUNDS

$3,265,195

$3,265,195

Reserved Fund Balances

$3,265,195

$3,265,195

TOTAL PUBLIC FUNDS

$560,109,290 $560,109,290 $563,375,966 $560,835,259

Accel

Continuation Budget

The purpose is to allow students to pursue post-secondary study at approved public and private post-secondary institutions,

while receiving dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS

$6,000,000

$6,000,000

$6,000,000

$6,000,000

Lottery Proceeds

$6,000,000

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$6,000,000

$6,000,000

$6,000,000

$6,000,000

WEDNESDAY, MARCH 8, 2006

1823

375. Accel

Appropriation (HB1026)

The purpose is to allow students to pursue post-secondary study at approved public and private post-secondary institutions,

while receiving dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS

$6,000,000

$6,000,000

$6,000,000

$6,000,000

Lottery Proceeds

$6,000,000

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$6,000,000

$6,000,000

$6,000,000

$6,000,000

Engineer Scholarship

Continuation Budget

The purpose is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon

campus) and retain those students as engineers in the State.

TOTAL STATE FUNDS

$760,000

$760,000

$760,000

$760,000

Lottery Proceeds

$760,000

$760,000

$760,000

$760,000

TOTAL PUBLIC FUNDS

$760,000

$760,000

$760,000

$760,000

376. Engineer Scholarship

Appropriation (HB1026)

The purpose is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon

campus) and retain those students as engineers in the State.

TOTAL STATE FUNDS

$760,000

$760,000

$760,000

$760,000

Lottery Proceeds

$760,000

$760,000

$760,000

$760,000

TOTAL PUBLIC FUNDS

$760,000

$760,000

$760,000

$760,000

Georgia Military College Scholarship

Continuation Budget

The purpose is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby

strengthening Georgia's National Guard with their membership.

TOTAL STATE FUNDS

$770,477

$770,477

$770,477

$770,477

Lottery Proceeds

$770,477

$770,477

$770,477

$770,477

TOTAL PUBLIC FUNDS

$770,477

$770,477

$770,477

$770,477

377. Georgia Military College Scholarship

Appropriation (HB1026)

The purpose is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby

strengthening Georgia's National Guard with their membership.

TOTAL STATE FUNDS

$770,477

$770,477

$770,477

$770,477

Lottery Proceeds

$770,477

$770,477

$770,477

$770,477

TOTAL PUBLIC FUNDS

$770,477

$770,477

$770,477

$770,477

1824

JOURNAL OF THE SENATE

Governor's Scholarship Program

Continuation Budget

The purpose is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class

by providing a scholarship to attend an eligible post-secondary institution in Georgia.

TOTAL STATE FUNDS

$2,329,200

$2,329,200

$2,329,200

$2,329,200

State General Funds

$2,329,200

$2,329,200

$2,329,200

$2,329,200

TOTAL PUBLIC FUNDS

$2,329,200

$2,329,200

$2,329,200

$2,329,200

378. Governor's Scholarship Program

Appropriation (HB1026)

The purpose is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class

by providing a scholarship to attend an eligible post-secondary institution in Georgia.

TOTAL STATE FUNDS

$2,329,200

$2,329,200

$2,329,200

$2,329,200

State General Funds

$2,329,200

$2,329,200

$2,329,200

$2,329,200

TOTAL PUBLIC FUNDS

$2,329,200

$2,329,200

$2,329,200

$2,329,200

Guaranteed Educational Loans

Continuation Budget

The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing,

physical therapy and pharmacy.

TOTAL STATE FUNDS

$3,799,883

$3,799,883

$3,799,883

$3,799,883

State General Funds

$3,799,883

$3,799,883

$3,799,883

$3,799,883

TOTAL PUBLIC FUNDS

$3,799,883

$3,799,883

$3,799,883

$3,799,883

379. Guaranteed Educational Loans

Appropriation (HB1026)

The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing,

physical therapy and pharmacy.

TOTAL STATE FUNDS

$3,799,883

$3,799,883

$3,799,883

$3,799,883

State General Funds

$3,799,883

$3,799,883

$3,799,883

$3,799,883

TOTAL PUBLIC FUNDS

$3,799,883

$3,799,883

$3,799,883

$3,799,883

Changes in the Size of the Program

380.1 Provide funds for 50 scholarships at $2,000 per award.

State General Funds

$100,000

$100,000

$100,000

$100,000

380. HERO Scholarship

Appropriation (HB1026)

The purpose is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military

Reservists who served in combat zones and the children of such members.

WEDNESDAY, MARCH 8, 2006

1825

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

$100,000

State General Funds

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

$100,000

$100,000

HOPE Administration

Continuation Budget

The purpose is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate

programs at eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS

$5,111,697

$5,111,697

$5,111,697

$5,111,697

Lottery Proceeds

$5,111,697

$5,111,697

$5,111,697

$5,111,697

TOTAL PUBLIC FUNDS

$5,111,697

$5,111,697

$5,111,697

$5,111,697

Statewide Changes

381.1 WC, GTA, and GBA

Lottery Proceeds

$0

$0

$0

$0

Changes in How the Program is Funded

381.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect current operations.

Reserved Fund Balances Not Itemized

$1,000,000

$1,000,000

381. HOPE Administration

Appropriation (HB1026)

The purpose is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate

programs at eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS

$5,111,697

$5,111,697

$5,111,697

$5,111,697

Lottery Proceeds

$5,111,697

$5,111,697

$5,111,697

$5,111,697

TOTAL AGENCY FUNDS

$1,000,000

$1,000,000

Reserved Fund Balances

$1,000,000

$1,000,000

Reserved Fund Balances Not Itemized

$1,000,000

$1,000,000

TOTAL PUBLIC FUNDS

$5,111,697

$5,111,697

$6,111,697

$6,111,697

HOPE GED

Continuation Budget

The purpose is to award a $500 voucher once to each student receiving a general educational development diploma

awarded by the Georgia Department of Technical and Adult Education.

TOTAL STATE FUNDS

$2,840,694

$2,840,694

$2,840,694

$2,840,694

Lottery Proceeds

$2,840,694

$2,840,694

$2,840,694

$2,840,694

TOTAL PUBLIC FUNDS

$2,840,694

$2,840,694

$2,840,694

$2,840,694

1826

JOURNAL OF THE SENATE

382. HOPE GED

Appropriation (HB1026)

The purpose is to award a $500 voucher once to each student receiving a general educational development diploma

awarded by the Georgia Department of Technical and Adult Education.

TOTAL STATE FUNDS

$2,840,694

$2,840,694

$2,840,694

$2,840,694

Lottery Proceeds

$2,840,694

$2,840,694

$2,840,694

$2,840,694

TOTAL PUBLIC FUNDS

$2,840,694

$2,840,694

$2,840,694

$2,840,694

HOPE Grant

Continuation Budget

The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS

$122,784,173 $122,784,173 $122,784,173 $122,784,173

Lottery Proceeds

$122,784,173 $122,784,173 $122,784,173 $122,784,173

TOTAL PUBLIC FUNDS

$122,784,173 $122,784,173 $122,784,173 $122,784,173

383. HOPE Grant

Appropriation (HB1026)

The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS

$122,784,173 $122,784,173 $122,784,173 $122,784,173

Lottery Proceeds

$122,784,173 $122,784,173 $122,784,173 $122,784,173

TOTAL PUBLIC FUNDS

$122,784,173 $122,784,173 $122,784,173 $122,784,173

HOPE Scholarships - Private Schools

Continuation Budget

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private

post-secondary institution.

TOTAL STATE FUNDS

$45,751,850

$45,751,850

$45,751,850

$45,751,850

Lottery Proceeds

$45,751,850

$45,751,850

$45,751,850

$45,751,850

TOTAL PUBLIC FUNDS

$45,751,850

$45,751,850

$45,751,850

$45,751,850

384. HOPE Scholarships - Private Schools

Appropriation (HB1026)

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private

post-secondary institution.

TOTAL STATE FUNDS

$45,751,850

$45,751,850

$45,751,850

$45,751,850

Lottery Proceeds

$45,751,850

$45,751,850

$45,751,850

$45,751,850

TOTAL PUBLIC FUNDS

$45,751,850

$45,751,850

$45,751,850

$45,751,850

HOPE Scholarships - Public Schools

Continuation Budget

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public

post-secondary institution.

WEDNESDAY, MARCH 8, 2006

1827

TOTAL STATE FUNDS

$326,011,143 $326,011,143 $326,011,143 $326,011,143

Lottery Proceeds

$326,011,143 $326,011,143 $326,011,143 $326,011,143

TOTAL PUBLIC FUNDS

$326,011,143 $326,011,143 $326,011,143 $326,011,143

385. HOPE Scholarships - Public Schools

Appropriation (HB1026)

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public

post-secondary institution.

TOTAL STATE FUNDS

$326,011,143 $326,011,143 $326,011,143 $326,011,143

Lottery Proceeds

$326,011,143 $326,011,143 $326,011,143 $326,011,143

TOTAL PUBLIC FUNDS

$326,011,143 $326,011,143 $326,011,143 $326,011,143

Law Enforcement Dependents Grant

Continuation Budget

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and

prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public post

secondary institution in Georgia.

TOTAL STATE FUNDS

$50,911

$50,911

$50,911

$50,911

State General Funds

$50,911

$50,911

$50,911

$50,911

TOTAL PUBLIC FUNDS

$50,911

$50,911

$50,911

$50,911

386. Law Enforcement Dependents Grant

Appropriation (HB1026)

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and

prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public post

secondary institution in Georgia.

TOTAL STATE FUNDS

$50,911

$50,911

$50,911

$50,911

State General Funds

$50,911

$50,911

$50,911

$50,911

TOTAL PUBLIC FUNDS

$50,911

$50,911

$50,911

$50,911

Leveraging Educational Assistance Partnership Program

Continuation Budget

The purpose is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need

to attend eligible post-secondary institutions in Georgia.

TOTAL STATE FUNDS

$966,757

$966,757

$966,757

$966,757

State General Funds

$966,757

$966,757

$966,757

$966,757

TOTAL FEDERAL FUNDS

$520,653

$520,653

$520,653

$520,653

Federal Funds Not Itemized

$520,653

$520,653

$520,653

$520,653

TOTAL PUBLIC FUNDS

$1,487,410

$1,487,410

$1,487,410

$1,487,410

1828

JOURNAL OF THE SENATE

Changes in the Size of the Program

387.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand.

Federal Funds Not Itemized

$1,481

$1,481

387. Leveraging Educational Assistance Partnership Program

Appropriation (HB1026)

The purpose is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need

to attend eligible post-secondary institutions in Georgia.

TOTAL STATE FUNDS

$966,757

$966,757

$966,757

$966,757

State General Funds

$966,757

$966,757

$966,757

$966,757

TOTAL FEDERAL FUNDS

$520,653

$520,653

$522,134

$522,134

Federal Funds Not Itemized

$520,653

$520,653

$522,134

$522,134

TOTAL PUBLIC FUNDS

$1,487,410

$1,487,410

$1,488,891

$1,488,891

North Georgia Military Scholarship Grants

Continuation Budget

The purpose is to provide outstanding students with a full scholarship to attend North Georgia College and State

University, thereby strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS

$683,951

$683,951

$683,951

$683,951

State General Funds

$683,951

$683,951

$683,951

$683,951

TOTAL PUBLIC FUNDS

$683,951

$683,951

$683,951

$683,951

Changes in the Size of the Program

388.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand.

Reserved Fund Balances Not Itemized

$774,397

$774,397

388. North Georgia Military Scholarship Grants

Appropriation (HB1026)

The purpose is to provide outstanding students with a full scholarship to attend North Georgia College and State

University, thereby strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS

$683,951

$683,951

$683,951

$683,951

State General Funds

$683,951

$683,951

$683,951

$683,951

TOTAL AGENCY FUNDS

$774,397

$774,397

Reserved Fund Balances

$774,397

$774,397

Reserved Fund Balances Not Itemized

$774,397

$774,397

TOTAL PUBLIC FUNDS

$683,951

$683,951

$1,458,348

$1,458,348

WEDNESDAY, MARCH 8, 2006

1829

North Georgia ROTC Grants

Continuation Budget

The purpose is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and

State University and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS

$432,479

$432,479

$432,479

$432,479

State General Funds

$432,479

$432,479

$432,479

$432,479

TOTAL PUBLIC FUNDS

$432,479

$432,479

$432,479

$432,479

389. North Georgia ROTC Grants

Appropriation (HB1026)

The purpose is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and

State University and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS

$432,479

$432,479

$432,479

$432,479

State General Funds

$432,479

$432,479

$432,479

$432,479

TOTAL PUBLIC FUNDS

$432,479

$432,479

$432,479

$432,479

Promise Scholarship

Continuation Budget

The purpose is to provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia

public schools.

TOTAL STATE FUNDS

$5,855,278

$5,855,278

$5,855,278

$5,855,278

Lottery Proceeds

$5,855,278

$5,855,278

$5,855,278

$5,855,278

TOTAL PUBLIC FUNDS

$5,855,278

$5,855,278

$5,855,278

$5,855,278

390. Promise Scholarship

Appropriation (HB1026)

The purpose is to provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia

public schools.

TOTAL STATE FUNDS

$5,855,278

$5,855,278

$5,855,278

$5,855,278

Lottery Proceeds

$5,855,278

$5,855,278

$5,855,278

$5,855,278

TOTAL PUBLIC FUNDS

$5,855,278

$5,855,278

$5,855,278

$5,855,278

Promise II Scholarship

Continuation Budget

The purpose is to assist paraprofessionals and instructional aides who worked in Georgia public schools throughout the

1999-2000 school year, by providing funds to assist with their educational expenses in the form of a service-obligation

scholarship.

TOTAL STATE FUNDS

$74,590

$74,590

$74,590

$74,590

Lottery Proceeds

$74,590

$74,590

$74,590

$74,590

TOTAL PUBLIC FUNDS

$74,590

$74,590

$74,590

$74,590

1830

JOURNAL OF THE SENATE

391. Promise II Scholarship

Appropriation (HB1026)

The purpose is to assist paraprofessionals and instructional aides who worked in Georgia public schools throughout the

1999-2000 school year, by providing funds to assist with their educational expenses in the form of a service-obligation

scholarship.

TOTAL STATE FUNDS

$74,590

$74,590

$74,590

$74,590

Lottery Proceeds

$74,590

$74,590

$74,590

$74,590

TOTAL PUBLIC FUNDS

$74,590

$74,590

$74,590

$74,590

Public Memorial Safety Grant

Continuation Budget

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters,

EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a

public post-secondary institution in the State of Georgia.

TOTAL STATE FUNDS

$255,850

$255,850

$255,850

$255,850

Lottery Proceeds

$255,850

$255,850

$255,850

$255,850

TOTAL PUBLIC FUNDS

$255,850

$255,850

$255,850

$255,850

392. Public Memorial Safety Grant

Appropriation (HB1026)

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters,

EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a

public post-secondary institution in the State of Georgia.

TOTAL STATE FUNDS

$255,850

$255,850

$255,850

$255,850

Lottery Proceeds

$255,850

$255,850

$255,850

$255,850

TOTAL PUBLIC FUNDS

$255,850

$255,850

$255,850

$255,850

Teacher Scholarship

Continuation Budget

The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of

study.

TOTAL STATE FUNDS

$5,332,698

$5,332,698

$5,332,698

$5,332,698

Lottery Proceeds

$5,332,698

$5,332,698

$5,332,698

$5,332,698

TOTAL PUBLIC FUNDS

$5,332,698

$5,332,698

$5,332,698

$5,332,698

393. Teacher Scholarship

Appropriation (HB1026)

The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of

study.

TOTAL STATE FUNDS

$5,332,698

$5,332,698

$5,332,698

$5,332,698

WEDNESDAY, MARCH 8, 2006

1831

Lottery Proceeds

$5,332,698

$5,332,698

$5,332,698

$5,332,698

TOTAL PUBLIC FUNDS

$5,332,698

$5,332,698

$5,332,698

$5,332,698

Tuition Equalization Grants

Continuation Budget

The purpose is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to

Georgia residents who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$29,031,802

$29,031,802

$29,031,802

$29,031,802

State General Funds

$29,031,802

$29,031,802

$29,031,802

$29,031,802

TOTAL PUBLIC FUNDS

$29,031,802

$29,031,802

$29,031,802

$29,031,802

One-Time Expense

394.2 Reduce grants based on lower than expected utilization and availability of reserves.

State General Funds

($2,540,707)

Changes in the Size of the Program

394.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand.

Reserved Fund Balances Not Itemized

$1,490,798

$1,490,798

394. Tuition Equalization Grants

Appropriation (HB1026)

The purpose is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to

Georgia residents who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$29,031,802

$29,031,802

$29,031,802

$26,491,095

State General Funds

$29,031,802

$29,031,802

$29,031,802

$26,491,095

TOTAL AGENCY FUNDS

$1,490,798

$1,490,798

Reserved Fund Balances

$1,490,798

$1,490,798

Reserved Fund Balances Not Itemized

$1,490,798

$1,490,798

TOTAL PUBLIC FUNDS

$29,031,802

$29,031,802

$30,522,600

$27,981,893

Nonpublic Postsecondary Education Commission

Continuation Budget

The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended

schools that closed; resolve complaints.

TOTAL STATE FUNDS

$645,204

$645,204

$645,204

$645,204

State General Funds

$645,204

$645,204

$645,204

$645,204

TOTAL PUBLIC FUNDS

$645,204

$645,204

$645,204

$645,204

1832

JOURNAL OF THE SENATE

Statewide Changes

395.1 WC, GTA, and GBA

State General Funds

$0

$0

$0

$0

395. Nonpublic Postsecondary Education Commission

Appropriation (HB1026)

The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended

schools that closed; resolve complaints.

TOTAL STATE FUNDS

$645,204

$645,204

$645,204

$645,204

State General Funds

$645,204

$645,204

$645,204

$645,204

TOTAL PUBLIC FUNDS

$645,204

$645,204

$645,204

$645,204

Section 44: Teachers' Retirement System

Section Total - Continuation

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

$1,980,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,762,451

$22,762,451

$22,762,451

$22,762,451

TOTAL PUBLIC FUNDS

$24,742,451

$24,742,451

$24,742,451

$24,742,451

Section Total - Final

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

$1,980,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,768,470

$22,768,470

$22,768,470

$22,768,470

TOTAL PUBLIC FUNDS

$24,748,470

$24,748,470

$24,748,470

$24,748,470

Floor/COLA, Local System Fund

Continuation Budget

The purpose is to provide retirees from local retirement systems a minimum allowance upon retirement and a post-

retirement benefit adjustment whenever such adjustment is granted to teachers who retired under the Teacher's Retirement

System.

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

$1,980,000

TOTAL PUBLIC FUNDS

$1,980,000

$1,980,000

$1,980,000

$1,980,000

396. Floor/COLA, Local System Fund

Appropriation (HB1026)

The purpose is to provide retirees from local retirement systems a minimum allowance upon retirement and a post-

retirement benefit adjustment whenever such adjustment is granted to teachers who retired under the Teacher's Retirement

System.

WEDNESDAY, MARCH 8, 2006

1833

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

$1,980,000

TOTAL PUBLIC FUNDS

$1,980,000

$1,980,000

$1,980,000

$1,980,000

System Administration

Continuation Budget

The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and

new retirement processing.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,762,451

$22,762,451

$22,762,451

$22,762,451

Retirement Payments

$22,762,451

$22,762,451

$22,762,451

$22,762,451

TOTAL PUBLIC FUNDS

$22,762,451

$22,762,451

$22,762,451

$22,762,451

Statewide Changes

397.1 WC, GTA, and GBA

Retirement Payments

$6,019

$6,019

$6,019

$6,019

397. System Administration

Appropriation (HB1026)

The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and

new retirement processing.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,768,470

$22,768,470

$22,768,470

$22,768,470

Retirement Payments

$22,768,470

$22,768,470

$22,768,470

$22,768,470

TOTAL PUBLIC FUNDS

$22,768,470

$22,768,470

$22,768,470

$22,768,470

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not

exceed 9.24% for state fiscal year 2006.

Section 45: Technical Education, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$320,577,801 $320,577,801 $320,577,801 $320,577,801

State General Funds

$320,577,801 $320,577,801 $320,577,801 $320,577,801

TOTAL FEDERAL FUNDS

$27,114,459

$27,114,459

$27,114,459

$27,114,459

Federal Funds Not Itemized

$19,814,459

$19,814,459

$19,814,459

$19,814,459

Temporary Assistance for Needy Families

$7,300,000

$7,300,000

$7,300,000

$7,300,000

TOTAL AGENCY FUNDS

$55,932,658

$55,932,658

$55,932,658

$55,932,658

Sales and Services

$55,932,658

$55,932,658

$55,932,658

$55,932,658

TOTAL PUBLIC FUNDS

$403,624,918 $403,624,918 $403,624,918 $403,624,918

Section Total - Final

1834

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$329,429,858 $329,539,223 $329,481,858 $329,481,858

State General Funds

$329,429,858 $329,539,223 $329,481,858 $329,481,858

TOTAL FEDERAL FUNDS

$27,114,459

$27,114,459

$27,114,459

$27,114,459

Federal Funds Not Itemized

$19,814,459

$19,814,459

$19,814,459

$19,814,459

Temporary Assistance for Needy Families

$7,300,000

$7,300,000

$7,300,000

$7,300,000

TOTAL AGENCY FUNDS

$55,932,658

$55,932,658

$55,932,658

$55,932,658

Sales and Services

$55,932,658

$55,932,658

$55,932,658

$55,932,658

TOTAL PUBLIC FUNDS

$412,476,975 $412,586,340 $412,528,975 $412,528,975

Adult Literacy

Continuation Budget

The purpose is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing,

computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and

exercise full citizenship.

TOTAL STATE FUNDS

$11,853,450

$11,853,450

$11,853,450

$11,853,450

State General Funds

$11,853,450

$11,853,450

$11,853,450

$11,853,450

TOTAL FEDERAL FUNDS

$10,021,333

$10,021,333

$10,021,333

$10,021,333

Federal Funds Not Itemized

$7,021,333

$7,021,333

$7,021,333

$7,021,333

Temporary Assistance for Needy Families

$3,000,000

$3,000,000

$3,000,000

$3,000,000

Temporary Assistance for Needy Families Block Grant

$3,000,000

$3,000,000

$3,000,000

$3,000,000

CFDA 93.558

TOTAL AGENCY FUNDS

$1,121,886

$1,121,886

$1,121,886

$1,121,886

Sales and Services

$1,121,886

$1,121,886

$1,121,886

$1,121,886

Sales and Services Not Itemized

$1,121,886

$1,121,886

$1,121,886

$1,121,886

TOTAL PUBLIC FUNDS

$22,996,669

$22,996,669

$22,996,669

$22,996,669

Changes in Operations / Administration

398.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$159,014

$159,014

$159,014

$159,014

Changes in the Size of the Program

398.2 Transfer funds to the Administration program.

State General Funds

($649,197)

($649,197)

($649,197)

($649,197)

Federal Funds Not Itemized

($351,807)

($351,807)

($351,807)

($351,807)

TOTAL PUBLIC FUNDS

($1,001,004)

($1,001,004)

($1,001,004)

($1,001,004)

WEDNESDAY, MARCH 8, 2006

1835

398. Adult Literacy

Appropriation (HB1026)

The purpose is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing,

computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and

exercise full citizenship.

TOTAL STATE FUNDS

$11,363,267

$11,363,267

$11,363,267

$11,363,267

State General Funds

$11,363,267

$11,363,267

$11,363,267

$11,363,267

TOTAL FEDERAL FUNDS

$9,669,526

$9,669,526

$9,669,526

$9,669,526

Federal Funds Not Itemized

$6,669,526

$6,669,526

$6,669,526

$6,669,526

Temporary Assistance for Needy Families

$3,000,000

$3,000,000

$3,000,000

$3,000,000

Temporary Assistance for Needy Families Block Grant

$3,000,000

$3,000,000

$3,000,000

$3,000,000

CFDA 93.558

TOTAL AGENCY FUNDS

$1,121,886

$1,121,886

$1,121,886

$1,121,886

Sales and Services

$1,121,886

$1,121,886

$1,121,886

$1,121,886

Sales and Services Not Itemized

$1,121,886

$1,121,886

$1,121,886

$1,121,886

TOTAL PUBLIC FUNDS

$22,154,679

$22,154,679

$22,154,679

$22,154,679

Departmental Administration

Continuation Budget

The purpose is to contribute to the economic, educational, and community development of Georgia by providing quality

technical education, adult literacy education, continuing education, and customized business and industry workforce

training to the citizens of Georgia.

TOTAL STATE FUNDS

$4,728,848

$4,728,848

$4,728,848

$4,728,848

State General Funds

$4,728,848

$4,728,848

$4,728,848

$4,728,848

TOTAL FEDERAL FUNDS

$800,000

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families

$800,000

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families Block Grant

$800,000

$800,000

$800,000

$800,000

CFDA 93.558

TOTAL PUBLIC FUNDS

$5,528,848

$5,528,848

$5,528,848

$5,528,848

Statewide Changes

399.1 WC, GTA, and GBA

State General Funds

$6,851

$6,851

$6,851

$6,851

Changes in Operations / Administration

1836

JOURNAL OF THE SENATE

399.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$414,434

$414,434

$414,434

$414,434

Changes in the Size of the Program

399.2 Transfer from Adult Literacy and Technical Education.

State General Funds

$3,840,176

$3,840,176

$3,840,176

$3,840,176

Federal Funds Not Itemized

$2,059,788

$2,059,788

$2,059,788

$2,059,788

TOTAL PUBLIC FUNDS

$5,899,964

$5,899,964

$5,899,964

$5,899,964

399. Departmental Administration

Appropriation (HB1026)

The purpose is to contribute to the economic, educational, and community development of Georgia by providing quality

technical education, adult literacy education, continuing education, and customized business and industry workforce

training to the citizens of Georgia.

TOTAL STATE FUNDS

$8,990,309

$8,990,309

$8,990,309

$8,990,309

State General Funds

$8,990,309

$8,990,309

$8,990,309

$8,990,309

TOTAL FEDERAL FUNDS

$2,859,788

$2,859,788

$2,859,788

$2,859,788

Federal Funds Not Itemized

$2,059,788

$2,059,788

$2,059,788

$2,059,788

Temporary Assistance for Needy Families

$800,000

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families Block Grant

$800,000

$800,000

$800,000

$800,000

CFDA 93.558

TOTAL PUBLIC FUNDS

$11,850,097

$11,850,097

$11,850,097

$11,850,097

Quick Start and Customized Services

Continuation Budget

The purpose is to provide a number of programs and services designed to assist businesses and industries with their

training needs.

TOTAL STATE FUNDS

$11,889,779

$11,889,779

$11,889,779

$11,889,779

State General Funds

$11,889,779

$11,889,779

$11,889,779

$11,889,779

TOTAL PUBLIC FUNDS

$11,889,779

$11,889,779

$11,889,779

$11,889,779

Changes in Operations / Administration

400.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$372,280

$372,280

$372,280

$372,280

400. Quick Start and Customized Services

Appropriation (HB1026)

The purpose is to provide a number of programs and services designed to assist businesses and industries with their

training needs.

WEDNESDAY, MARCH 8, 2006

1837

TOTAL STATE FUNDS

$12,262,059

$12,262,059

$12,262,059

$12,262,059

State General Funds

$12,262,059

$12,262,059

$12,262,059

$12,262,059

TOTAL PUBLIC FUNDS

$12,262,059

$12,262,059

$12,262,059

$12,262,059

Technical Education

Continuation Budget

The purpose is to provide quality technical education and special workforce services. The primary role is to ensure that all

programs and services excel in meeting the individual's need for career success and the community's need for continued

economic growth and development.

TOTAL STATE FUNDS

$292,105,724 $292,105,724 $292,105,724 $292,105,724

State General Funds

$292,105,724 $292,105,724 $292,105,724 $292,105,724

TOTAL FEDERAL FUNDS

$16,293,126

$16,293,126

$16,293,126

$16,293,126

Federal Funds Not Itemized

$12,793,126

$12,793,126

$12,793,126

$12,793,126

Temporary Assistance for Needy Families

$3,500,000

$3,500,000

$3,500,000

$3,500,000

Temporary Assistance for Needy Families Block Grant

$3,500,000

$3,500,000

$3,500,000

$3,500,000

CFDA 93.558

TOTAL AGENCY FUNDS

$54,810,772

$54,810,772

$54,810,772

$54,810,772

Sales and Services

$54,810,772

$54,810,772

$54,810,772

$54,810,772

Sales and Services Not Itemized

$54,810,772

$54,810,772

$54,810,772

$54,810,772

TOTAL PUBLIC FUNDS

$363,209,622 $363,209,622 $363,209,622 $363,209,622

Statewide Changes

401.1 WC, GTA, and GBA

State General Funds

$209,290

$209,290

$209,290

$209,290

Changes in Operations / Administration

401.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$7,690,188

$7,690,188

$7,690,188

$7,690,188

Changes in What Services are Offered

401.4 Provide start-up funding for a pest control certification testing program at Athens Technical College.

State General Funds

$109,365

$52,000

$52,000

Changes in the Size of the Program

401.2 Transfer funds to the Administration program.

State General Funds

($3,190,979)

($3,190,979)

($3,190,979)

($3,190,979)

Federal Funds Not Itemized

($1,707,981)

($1,707,981)

($1,707,981)

($1,707,981)

1838

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

($4,898,960)

($4,898,960)

($4,898,960)

($4,898,960)

401. Technical Education

Appropriation (HB1026)

The purpose is to provide quality technical education and special workforce services. The primary role is to ensure that all

programs and services excel in meeting the individual's need for career success and the community's need for continued

economic growth and development.

TOTAL STATE FUNDS

$296,814,223 $296,923,588 $296,866,223 $296,866,223

State General Funds

$296,814,223 $296,923,588 $296,866,223 $296,866,223

TOTAL FEDERAL FUNDS

$14,585,145

$14,585,145

$14,585,145

$14,585,145

Federal Funds Not Itemized

$11,085,145

$11,085,145

$11,085,145

$11,085,145

Temporary Assistance for Needy Families

$3,500,000

$3,500,000

$3,500,000

$3,500,000

Temporary Assistance for Needy Families Block Grant

$3,500,000

$3,500,000

$3,500,000

$3,500,000

CFDA 93.558

TOTAL AGENCY FUNDS

$54,810,772

$54,810,772

$54,810,772

$54,810,772

Sales and Services

$54,810,772

$54,810,772

$54,810,772

$54,810,772

Sales and Services Not Itemized

$54,810,772

$54,810,772

$54,810,772

$54,810,772

TOTAL PUBLIC FUNDS

$366,210,140 $366,319,505 $366,262,140 $366,262,140

Section 46: Transportation, Department of
TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Administration Planning & Construction
CFDA20.205 FHA Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services

Section Total - Continuation

$619,016,368 $619,016,368 $619,016,368 $619,016,368

$604,380,000 $604,380,000 $604,380,000 $604,380,000

$14,636,368

$14,636,368

$14,636,368

$14,636,368

$1,118,858,431 $1,118,858,431 $1,118,858,431 $1,118,858,431

$18,858,431

$18,858,431

$18,858,431

$18,858,431

$742,116,038 $742,116,038 $742,116,038 $742,116,038

$357,883,962 $30,516,747 $21,717,277
$760,233 $8,039,237

$357,883,962 $30,516,747 $21,717,277
$760,233 $8,039,237

$357,883,962 $30,516,747 $21,717,277
$760,233 $8,039,237

$357,883,962 $30,516,747 $21,717,277
$760,233 $8,039,237

WEDNESDAY, MARCH 8, 2006

1839

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$1,769,049,341 $1,769,049,341 $1,769,049,341 $1,769,049,341

Section Total - Final

TOTAL STATE FUNDS

$673,196,606 $673,196,606 $673,196,606 $673,196,606

State Motor Fuel Funds

$658,555,019 $658,555,019 $658,555,019 $658,555,019

State General Funds

$14,641,587

$14,641,587

$14,641,587

$14,641,587

TOTAL FEDERAL FUNDS

$1,118,858,431 $1,118,858,431 $1,118,858,431 $1,118,858,431

Federal Funds Not Itemized

$18,858,431

$18,858,431

$18,858,431

$18,858,431

Federal Highway Administration Planning & Construction

$742,002,072 $742,002,072 $742,002,072 $742,002,072

CFDA20.205

FHA Planning & Construction CFDA20.205

$357,997,928 $357,997,928 $357,997,928 $357,997,928

TOTAL AGENCY FUNDS

$30,516,747

$30,516,747

$30,516,747

$30,516,747

Reserved Fund Balances

$21,799,287

$21,799,287

$21,799,287

$21,799,287

Intergovernmental Transfers

$760,233

$760,233

$760,233

$760,233

Sales and Services

$7,957,227

$7,957,227

$7,957,227

$7,957,227

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$1,823,229,579 $1,823,229,579 $1,823,229,579 $1,823,229,579

Air Transportation

Continuation Budget

The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting

aerial photography flights.

TOTAL STATE FUNDS

$1,354,828

$1,354,828

$1,354,828

$1,354,828

State General Funds

$1,354,828

$1,354,828

$1,354,828

$1,354,828

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

$657,795

Air Transportation Charges

$657,795

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$2,012,623

$2,012,623

$2,012,623

$2,012,623

Statewide Changes

402.1 WC, GTA, and GBA

State General Funds

$1,831

$1,831

$1,831

$1,831

Changes in the Size of the Program

402.2 Transfer to the Transit program to cover the retirement cost of two employees.

State General Funds

($7,726)

($7,726)

($7,726)

($7,726)

1840

JOURNAL OF THE SENATE

402. Air Transportation

Appropriation (HB1026)

The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting

aerial photography flights.

TOTAL STATE FUNDS

$1,348,933

$1,348,933

$1,348,933

$1,348,933

State General Funds

$1,348,933

$1,348,933

$1,348,933

$1,348,933

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

$657,795

Air Transportation Charges

$657,795

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$2,006,728

$2,006,728

$2,006,728

$2,006,728

Airport Aid

Continuation Budget

The purpose is to support statewide economic development by providing the infrastructure for a safe, efficient, and

adequate air transportation system and to award grants from the Airport Fund.

TOTAL STATE FUNDS

$5,459,409

$5,459,409

$5,459,409

$5,459,409

State General Funds

$5,459,409

$5,459,409

$5,459,409

$5,459,409

TOTAL FEDERAL FUNDS

$6,000,000

$6,000,000

$6,000,000

$6,000,000

Federal Funds Not Itemized

$6,000,000

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$11,459,409

$11,459,409

$11,459,409

$11,459,409

Statewide Changes

403.1 WC, GTA, and GBA

State General Funds

$366

$366

$366

$366

Changes in the Size of the Program

403.2 Realign funds to the Transit program to meet projected expenditures.

State General Funds

($63,620)

($63,620)

($63,620)

($63,620)

403.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with

department operations.

State General Funds

($5,701)

($5,701)

($5,701)

($5,701)

403. Airport Aid

Appropriation (HB1026)

The purpose is to support statewide economic development by providing the infrastructure for a safe, efficient, and

adequate air transportation system and to award grants from the Airport Fund.

TOTAL STATE FUNDS

$5,390,454

$5,390,454

$5,390,454

$5,390,454

State General Funds

$5,390,454

$5,390,454

$5,390,454

$5,390,454

TOTAL FEDERAL FUNDS

$6,000,000

$6,000,000

$6,000,000

$6,000,000

WEDNESDAY, MARCH 8, 2006

1841

Federal Funds Not Itemized

$6,000,000

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$11,390,454

$11,390,454

$11,390,454

$11,390,454

Data Collection, Compliance and Reporting

Continuation Budget

The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe

that meets the needs of the state's business partners.

TOTAL STATE FUNDS

$2,396,794

$2,396,794

$2,396,794

$2,396,794

State Motor Fuel Funds

$1,581,031

$1,581,031

$1,581,031

$1,581,031

State General Funds

$815,763

$815,763

$815,763

$815,763

TOTAL FEDERAL FUNDS

$3,784,538

$3,784,538

$3,784,538

$3,784,538

Federal Highway Administration Planning & Construction

$3,784,538

$3,784,538

$3,784,538

$3,784,538

CFDA20.205

TOTAL AGENCY FUNDS

$115,101

$115,101

$115,101

$115,101

Reserved Fund Balances

$52,844

$52,844

$52,844

$52,844

Reserved Fund Balances Not Itemized

$52,844

$52,844

$52,844

$52,844

Sales and Services

$62,257

$62,257

$62,257

$62,257

Sales and Services Not Itemized

$62,257

$62,257

$62,257

$62,257

TOTAL PUBLIC FUNDS

$6,296,433

$6,296,433

$6,296,433

$6,296,433

Statewide Changes

404.1 WC, GTA, and GBA

State General Funds

$1,373

$1,373

$1,373

$1,373

Changes in the Size of the Program

404.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to

reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

State Motor Fuel Funds

$47,047

$47,047

$47,047

$47,047

Federal Highway Administration Planning & Construction

$113,966

$113,966

$113,966

$113,966

CFDA20.205

TOTAL PUBLIC FUNDS

$161,013

$161,013

$161,013

$161,013

404.3 Realign funds from State Highway System Construction and Improvement and State Highway System Maintenance

to meet projected expenditures.

State Motor Fuel Funds

$342,247

$342,247

$342,247

$342,247

1842

JOURNAL OF THE SENATE

Federal Highway Administration Planning & Construction

($113,966)

($113,966)

($113,966)

($113,966)

CFDA20.205

TOTAL PUBLIC FUNDS

$228,281

$228,281

$228,281

$228,281

404. Data Collection, Compliance and Reporting

Appropriation (HB1026)

The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe

that meets the needs of the state's business partners.

TOTAL STATE FUNDS

$2,787,461

$2,787,461

$2,787,461

$2,787,461

State Motor Fuel Funds

$1,970,325

$1,970,325

$1,970,325

$1,970,325

State General Funds

$817,136

$817,136

$817,136

$817,136

TOTAL FEDERAL FUNDS

$3,784,538

$3,784,538

$3,784,538

$3,784,538

Federal Highway Administration Planning & Construction

$3,784,538

$3,784,538

$3,784,538

$3,784,538

CFDA20.205

TOTAL AGENCY FUNDS

$115,101

$115,101

$115,101

$115,101

Reserved Fund Balances

$52,844

$52,844

$52,844

$52,844

Reserved Fund Balances Not Itemized

$52,844

$52,844

$52,844

$52,844

Sales and Services

$62,257

$62,257

$62,257

$62,257

Sales and Services Not Itemized

$62,257

$62,257

$62,257

$62,257

TOTAL PUBLIC FUNDS

$6,687,100

$6,687,100

$6,687,100

$6,687,100

Departmental Administration

Continuation Budget

The purpose is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial

support for other modes of transportation such as mass transit and airports; provide airport and air safety planning; and

provide air travel to state departments.

TOTAL STATE FUNDS

$41,568,294

$41,568,294

$41,568,294

$41,568,294

State Motor Fuel Funds

$41,468,294

$41,468,294

$41,468,294

$41,468,294

State General Funds

$100,000

$100,000

$100,000

$100,000

TOTAL FEDERAL FUNDS

$9,533,343

$9,533,343

$9,533,343

$9,533,343

FHA Planning & Construction CFDA20.205

$9,533,343

$9,533,343

$9,533,343

$9,533,343

TOTAL AGENCY FUNDS

$2,304,236

$2,304,236

$2,304,236

$2,304,236

Reserved Fund Balances

$1,405,266

$1,405,266

$1,405,266

$1,405,266

Reserved Fund Balances Not Itemized

$1,405,266

$1,405,266

$1,405,266

$1,405,266

Sales and Services

$898,970

$898,970

$898,970

$898,970

WEDNESDAY, MARCH 8, 2006

1843

Sales and Services Not Itemized

$898,970

$898,970

$898,970

$898,970

TOTAL PUBLIC FUNDS

$53,405,873

$53,405,873

$53,405,873

$53,405,873

Statewide Changes

405.1 WC, GTA, and GBA

State General Funds

$550

$550

$550

$550

Changes in How the Program is Funded

405.2 Transfer funds to the Data Collection, Compliance and Reporting, Local Road Assistance and State Highway

System Operations programs to reverse action taken in Amendment 1, correcting the base budget to comply with

Section 56 of HB 85.

State Motor Fuel Funds

($179,495)

($179,495)

($179,495)

($179,495)

Federal Highway Administration Planning & Construction

($221,388)

CFDA20.205

FHA Planning & Construction CFDA20.205

($221,388)

($221,388)

($221,388)

Reserved Fund Balances Not Itemized

($12,185)

($12,185)

($12,185)

($12,185)

Sales and Services Not Itemized

($82,010)

($82,010)

($82,010)

($82,010)

TOTAL PUBLIC FUNDS

($495,078)

($495,078)

($495,078)

($495,078)

405.3 Realign funds from State Highway System Construction and Improvement and State Highway System Maintenance

to meet projected expenditures.

State Motor Fuel Funds

$179,495

$179,495

$179,495

$179,495

Federal Highway Administration Planning & Construction

$221,388

CFDA20.205

FHA Planning & Construction CFDA20.205

$221,388

$221,388

$221,388

Reserved Fund Balances Not Itemized

$94,195

$94,195

$94,195

$94,195

TOTAL PUBLIC FUNDS

$495,078

$495,078

$495,078

$495,078

Changes in the Size of the Program

405.4 Realign funds to the Transit program to meet projected expenditures.

State Motor Fuel Funds

$14,461,507

$14,461,507

$14,461,507

$14,461,507

State General Funds

($1,553)

($1,553)

($1,553)

($1,553)

TOTAL PUBLIC FUNDS

$14,459,954

$14,459,954

$14,459,954

$14,459,954

405.5 Transfer funds from the Airport Aid, Ports and Waterways, Rail and Transit programs to consolidate

administrative functions in accordance with department operations.

1844

JOURNAL OF THE SENATE

State General Funds

$478,394

$478,394

$478,394

$478,394

405. Departmental Administration

Appropriation (HB1026)

The purpose is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial

support for other modes of transportation such as mass transit and airports; provide airport and air safety planning; and

provide air travel to state departments.

TOTAL STATE FUNDS

$56,507,192

$56,507,192

$56,507,192

$56,507,192

State Motor Fuel Funds

$55,929,801

$55,929,801

$55,929,801

$55,929,801

State General Funds

$577,391

$577,391

$577,391

$577,391

TOTAL FEDERAL FUNDS

$9,533,343

$9,533,343

$9,533,343

$9,533,343

FHA Planning & Construction CFDA20.205

$9,533,343

$9,533,343

$9,533,343

$9,533,343

TOTAL AGENCY FUNDS

$2,304,236

$2,304,236

$2,304,236

$2,304,236

Reserved Fund Balances

$1,487,276

$1,487,276

$1,487,276

$1,487,276

Reserved Fund Balances Not Itemized

$1,487,276

$1,487,276

$1,487,276

$1,487,276

Sales and Services

$816,960

$816,960

$816,960

$816,960

Sales and Services Not Itemized

$816,960

$816,960

$816,960

$816,960

TOTAL PUBLIC FUNDS

$68,344,771

$68,344,771

$68,344,771

$68,344,771

Local Road Assistance

Continuation Budget

The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge,

and street systems.

TOTAL STATE FUNDS

$88,634,898

$88,634,898

$88,634,898

$88,634,898

State Motor Fuel Funds

$88,634,898

$88,634,898

$88,634,898

$88,634,898

TOTAL FEDERAL FUNDS

$67,429,038

$67,429,038

$67,429,038

$67,429,038

Federal Highway Administration Planning & Construction

$57,621,265

$57,621,265

$57,621,265

$57,621,265

CFDA20.205

FHA Planning & Construction CFDA20.205

$9,807,773

$9,807,773

$9,807,773

$9,807,773

TOTAL AGENCY FUNDS

$3,584,325

$3,584,325

$3,584,325

$3,584,325

Reserved Fund Balances

$2,989,092

$2,989,092

$2,989,092

$2,989,092

Reserved Fund Balances Not Itemized

$2,989,092

$2,989,092

$2,989,092

$2,989,092

Intergovernmental Transfers

$595,233

$595,233

$595,233

$595,233

Intergovernmental Transfers Not Itemized

$595,233

$595,233

$595,233

$595,233

TOTAL PUBLIC FUNDS

$159,648,261 $159,648,261 $159,648,261 $159,648,261

WEDNESDAY, MARCH 8, 2006

1845

Changes in the Size of the Program

406.1 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program

(LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and

state fund construction/most-needed from $6,583,667 to $23 million.

State Motor Fuel Funds

$47,287,266

$47,287,266

$47,287,266

$47,287,266

406.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to

reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

State Motor Fuel Funds

$130,024

$130,024

$130,024

$130,024

Federal Highway Administration Planning & Construction

$50,439

$50,439

$50,439

$50,439

CFDA20.205

Reserved Fund Balances Not Itemized

$94,195

$94,195

$94,195

$94,195

TOTAL PUBLIC FUNDS

$274,658

$274,658

$274,658

$274,658

406.3 Realign funds from the State Highway System Construction and Improvement and State Highway System

Maintenance programs to meet projected expenditures.

State Motor Fuel Funds

$1,763,559

$1,763,559

$1,763,559

$1,763,559

Federal Highway Administration Planning & Construction

($50,439)

($50,439)

($50,439)

($50,439)

CFDA20.205

Reserved Fund Balances Not Itemized

($94,195)

($94,195)

($94,195)

($94,195)

TOTAL PUBLIC FUNDS

$1,618,925

$1,618,925

$1,618,925

$1,618,925

406. Local Road Assistance

Appropriation (HB1026)

The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge,

and street systems.

TOTAL STATE FUNDS

$137,815,747 $137,815,747 $137,815,747 $137,815,747

State Motor Fuel Funds

$137,815,747 $137,815,747 $137,815,747 $137,815,747

TOTAL FEDERAL FUNDS

$67,429,038

$67,429,038

$67,429,038

$67,429,038

Federal Highway Administration Planning & Construction

$57,621,265

$57,621,265

$57,621,265

$57,621,265

CFDA20.205

FHA Planning & Construction CFDA20.205

$9,807,773

$9,807,773

$9,807,773

$9,807,773

TOTAL AGENCY FUNDS

$3,584,325

$3,584,325

$3,584,325

$3,584,325

Reserved Fund Balances

$2,989,092

$2,989,092

$2,989,092

$2,989,092

Reserved Fund Balances Not Itemized

$2,989,092

$2,989,092

$2,989,092

$2,989,092

1846

JOURNAL OF THE SENATE

Intergovernmental Transfers

$595,233

$595,233

$595,233

$595,233

Intergovernmental Transfers Not Itemized

$595,233

$595,233

$595,233

$595,233

TOTAL PUBLIC FUNDS

$208,829,110 $208,829,110 $208,829,110 $208,829,110

Ports and Waterways

Continuation Budget

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to

promote international trade.

TOTAL STATE FUNDS

$1,119,230

$1,119,230

$1,119,230

$1,119,230

State General Funds

$1,119,230

$1,119,230

$1,119,230

$1,119,230

TOTAL PUBLIC FUNDS

$1,119,230

$1,119,230

$1,119,230

$1,119,230

Statewide Changes

407.1 WC, GTA, and GBA

State General Funds

$183

$183

$183

$183

Changes in the Size of the Program

407.2 Realign funds from the Administration, Airport Aid, and Rail programs to the Transit program to reflect

expenditures.

State General Funds

($55,006)

($55,006)

($55,006)

($55,006)

407.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with

department operations.

State General Funds

($19,535)

($19,535)

($19,535)

($19,535)

407. Ports and Waterways

Appropriation (HB1026)

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to

promote international trade.

TOTAL STATE FUNDS

$1,044,872

$1,044,872

$1,044,872

$1,044,872

State General Funds

$1,044,872

$1,044,872

$1,044,872

$1,044,872

TOTAL PUBLIC FUNDS

$1,044,872

$1,044,872

$1,044,872

$1,044,872

Rail

Continuation Budget

The purpose is to oversee the construction, financing, operation, and development of rail passenger, freight service, and

other public transportation projects within and without the state of Georgia.

TOTAL STATE FUNDS

$657,658

$657,658

$657,658

$657,658

State General Funds

$657,658

$657,658

$657,658

$657,658

TOTAL PUBLIC FUNDS

$657,658

$657,658

$657,658

$657,658

WEDNESDAY, MARCH 8, 2006

1847

Statewide Changes

408.1 WC, GTA, and GBA

State General Funds

$366

$366

$366

$366

Changes in the Size of the Program

408.2 Realign funds to the Transit program to reflect expenditures.

State General Funds

($98,263)

($98,263)

($98,263)

($98,263)

408.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with

department operations.

State General Funds

($25,120)

($25,120)

($25,120)

($25,120)

408. Rail

Appropriation (HB1026)

The purpose is to oversee the construction, financing, operation, and development of rail passenger, freight service, and

other public transportation projects within and without the state of Georgia.

TOTAL STATE FUNDS

$534,641

$534,641

$534,641

$534,641

State General Funds

$534,641

$534,641

$534,641

$534,641

TOTAL PUBLIC FUNDS

$534,641

$534,641

$534,641

$534,641

State Highway System Construction and Improvement

Continuation Budget

The purpose is to ensure a safe and efficient transportation system.

TOTAL STATE FUNDS

$223,494,656 $223,494,656 $223,494,656 $223,494,656

State Motor Fuel Funds

$223,494,656 $223,494,656 $223,494,656 $223,494,656

TOTAL FEDERAL FUNDS

$846,325,475 $846,325,475 $846,325,475 $846,325,475

Federal Highway Administration Planning & Construction

$507,782,629 $507,782,629 $507,782,629 $507,782,629

CFDA20.205

FHA Planning & Construction CFDA20.205

$338,542,846 $338,542,846 $338,542,846 $338,542,846

TOTAL AGENCY FUNDS

$10,569,488

$10,569,488

$10,569,488

$10,569,488

Reserved Fund Balances

$10,404,488

$10,404,488

$10,404,488

$10,404,488

Reserved Fund Balances Not Itemized

$10,404,488

$10,404,488

$10,404,488

$10,404,488

Intergovernmental Transfers

$165,000

$165,000

$165,000

$165,000

Intergovernmental Transfers Not Itemized

$165,000

$165,000

$165,000

$165,000

TOTAL PUBLIC FUNDS

$1,080,389,619 $1,080,389,619 $1,080,389,619 $1,080,389,619

1848

JOURNAL OF THE SENATE

Changes in How the Program is Funded

409.1 Transfer funds to the Data Collection, Compliance and Reporting, Local Road Assistance and State Highway

System Operations programs to reverse action taken in Amendment 1, correcting the base budget to comply with

Section 56 of HB 85.

State Motor Fuel Funds

($47,047)

($47,047)

($47,047)

($47,047)

Federal Highway Administration Planning & Construction

($113,966)

($113,966)

($113,966)

($113,966)

CFDA20.205

TOTAL PUBLIC FUNDS

($161,013)

($161,013)

($161,013)

($161,013)

409.2 Realign funds to Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State

Highway System Operations to meet projected expenditures.

State Motor Fuel Funds

$47,047

$47,047

$47,047

$47,047

Federal Highway Administration Planning & Construction

$0

CFDA20.205

FHA Planning & Construction CFDA20.205

$113,966

$113,966

$113,966

$113,966

TOTAL PUBLIC FUNDS

$161,013

$161,013

$161,013

$161,013

Changes in the Size of the Program

409.3 Realign funds to Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State

Highway Operations to meet actual expenditures.

State Motor Fuel Funds

($5,818,993)

($5,818,993)

($5,818,993)

($5,818,993)

409.4 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program

(LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and

state fund construction/most-needed from $6,583,667 to $23 million. Also provide $322,788 for facility repairs and

renovations in the State Highway System Construction and Improvement program.

State Motor Fuel Funds

$6,889,321

$6,889,321

$6,889,321

$6,889,321

409. State Highway System Construction and Improvement

Appropriation (HB1026)

The purpose is to ensure a safe and efficient transportation system.

TOTAL STATE FUNDS

$224,564,984 $224,564,984 $224,564,984 $224,564,984

State Motor Fuel Funds

$224,564,984 $224,564,984 $224,564,984 $224,564,984

TOTAL FEDERAL FUNDS

$846,325,475 $846,325,475 $846,325,475 $846,325,475

Federal Highway Administration Planning & Construction

$507,668,663 $507,668,663 $507,668,663 $507,668,663

CFDA20.205

WEDNESDAY, MARCH 8, 2006

1849

FHA Planning & Construction CFDA20.205

$338,656,812 $338,656,812 $338,656,812 $338,656,812

TOTAL AGENCY FUNDS

$10,569,488

$10,569,488

$10,569,488

$10,569,488

Reserved Fund Balances

$10,404,488

$10,404,488

$10,404,488

$10,404,488

Reserved Fund Balances Not Itemized

$10,404,488

$10,404,488

$10,404,488

$10,404,488

Intergovernmental Transfers

$165,000

$165,000

$165,000

$165,000

Intergovernmental Transfers Not Itemized

$165,000

$165,000

$165,000

$165,000

TOTAL PUBLIC FUNDS

$1,081,459,947 $1,081,459,947 $1,081,459,947 $1,081,459,947

State Highway System Maintenance

Continuation Budget

The purpose is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS

$177,960,168 $177,960,168 $177,960,168 $177,960,168

State Motor Fuel Funds

$177,960,168 $177,960,168 $177,960,168 $177,960,168

TOTAL FEDERAL FUNDS

$148,458,050 $148,458,050 $148,458,050 $148,458,050

Federal Highway Administration Planning & Construction

$148,458,050 $148,458,050 $148,458,050 $148,458,050

CFDA20.205

TOTAL AGENCY FUNDS

$9,336,571

$9,336,571

$9,336,571

$9,336,571

Reserved Fund Balances

$6,286,801

$6,286,801

$6,286,801

$6,286,801

Reserved Fund Balances Not Itemized

$6,286,801

$6,286,801

$6,286,801

$6,286,801

Sales and Services

$3,049,770

$3,049,770

$3,049,770

$3,049,770

Sales and Services Not Itemized

$3,049,770

$3,049,770

$3,049,770

$3,049,770

TOTAL PUBLIC FUNDS

$335,754,789 $335,754,789 $335,754,789 $335,754,789

Changes in the Size of the Program

410.1 Realign funds to the Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State

Highway System Operations programs.

State Motor Fuel Funds

($11,992,738) ($11,992,738) ($11,992,738) ($11,992,738)

410. State Highway System Maintenance

Appropriation (HB1026)

The purpose is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS

$165,967,430 $165,967,430 $165,967,430 $165,967,430

State Motor Fuel Funds

$165,967,430 $165,967,430 $165,967,430 $165,967,430

TOTAL FEDERAL FUNDS

$148,458,050 $148,458,050 $148,458,050 $148,458,050

Federal Highway Administration Planning & Construction

$148,458,050 $148,458,050 $148,458,050 $148,458,050

CFDA20.205

1850

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$9,336,571

$9,336,571

$9,336,571

$9,336,571

Reserved Fund Balances

$6,286,801

$6,286,801

$6,286,801

$6,286,801

Reserved Fund Balances Not Itemized

$6,286,801

$6,286,801

$6,286,801

$6,286,801

Sales and Services

$3,049,770

$3,049,770

$3,049,770

$3,049,770

Sales and Services Not Itemized

$3,049,770

$3,049,770

$3,049,770

$3,049,770

TOTAL PUBLIC FUNDS

$323,762,051 $323,762,051 $323,762,051 $323,762,051

State Highway System Operations

Continuation Budget

The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

TOTAL STATE FUNDS

$17,240,493

$17,240,493

$17,240,493

$17,240,493

State Motor Fuel Funds

$17,240,493

$17,240,493

$17,240,493

$17,240,493

TOTAL FEDERAL FUNDS

$24,469,556

$24,469,556

$24,469,556

$24,469,556

Federal Highway Administration Planning & Construction

$24,469,556

$24,469,556

$24,469,556

$24,469,556

CFDA20.205

TOTAL AGENCY FUNDS

$4,605,026

$4,605,026

$4,605,026

$4,605,026

Reserved Fund Balances

$578,786

$578,786

$578,786

$578,786

Reserved Fund Balances Not Itemized

$578,786

$578,786

$578,786

$578,786

Sales and Services

$4,026,240

$4,026,240

$4,026,240

$4,026,240

Sales and Services Not Itemized

$4,026,240

$4,026,240

$4,026,240

$4,026,240

TOTAL PUBLIC FUNDS

$46,315,075

$46,315,075

$46,315,075

$46,315,075

Changes in the Size of the Program

411.1 Realign funds from the State Highway System Construction and Improvement and State Highway System

Maintenance programs to meet projected expenditures.

State Motor Fuel Funds

$1,017,876

$1,017,876

$1,017,876

$1,017,876

Federal Highway Administration Planning & Construction

($170,949)

($170,949)

($170,949)

($170,949)

CFDA20.205

TOTAL PUBLIC FUNDS

$846,927

$846,927

$846,927

$846,927

411.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to

reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

State Motor Fuel Funds

$49,471

$49,471

$49,471

$49,471

Federal Highway Administration Planning & Construction

$170,949

$170,949

$170,949

$170,949

CFDA20.205

WEDNESDAY, MARCH 8, 2006

1851

TOTAL PUBLIC FUNDS

$220,420

$220,420

$220,420

$220,420

411. State Highway System Operations

Appropriation (HB1026)

The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

TOTAL STATE FUNDS

$18,307,840

$18,307,840

$18,307,840

$18,307,840

State Motor Fuel Funds

$18,307,840

$18,307,840

$18,307,840

$18,307,840

TOTAL FEDERAL FUNDS

$24,469,556

$24,469,556

$24,469,556

$24,469,556

Federal Highway Administration Planning & Construction

$24,469,556

$24,469,556

$24,469,556

$24,469,556

CFDA20.205

TOTAL AGENCY FUNDS

$4,605,026

$4,605,026

$4,605,026

$4,605,026

Reserved Fund Balances

$578,786

$578,786

$578,786

$578,786

Reserved Fund Balances Not Itemized

$578,786

$578,786

$578,786

$578,786

Sales and Services

$4,026,240

$4,026,240

$4,026,240

$4,026,240

Sales and Services Not Itemized

$4,026,240

$4,026,240

$4,026,240

$4,026,240

TOTAL PUBLIC FUNDS

$47,382,422

$47,382,422

$47,382,422

$47,382,422

Transit

Continuation Budget

The purpose is to preserve and enhance the state's urban and rural public transit programs by providing financial and

technical assistance to Georgia's transit systems.

TOTAL STATE FUNDS

$5,129,480

$5,129,480

$5,129,480

$5,129,480

State General Funds

$5,129,480

$5,129,480

$5,129,480

$5,129,480

TOTAL FEDERAL FUNDS

$12,858,431

$12,858,431

$12,858,431

$12,858,431

Federal Funds Not Itemized

$12,858,431

$12,858,431

$12,858,431

$12,858,431

TOTAL AGENCY FUNDS

$2,000

$2,000

$2,000

$2,000

Sales and Services

$2,000

$2,000

$2,000

$2,000

Sales and Services Not Itemized

$2,000

$2,000

$2,000

$2,000

TOTAL PUBLIC FUNDS

$17,989,911

$17,989,911

$17,989,911

$17,989,911

Statewide Changes

412.1 WC, GTA, and GBA

State General Funds

$550

$550

$550

$550

Changes in the Size of the Program

412.2 Realign funds from the Administration, Airport Aid, Ports and Waterways and Rail programs to reflect

expenditures.

1852

JOURNAL OF THE SENATE

State General Funds

$218,442

$218,442

$218,442

$218,442

412.3 Transfer from the Air Transportation program to cover the retirement cost of two employees.

State General Funds

$7,726

$7,726

$7,726

$7,726

412.4 Transfer funds to the Administration program to consolidate administrative functions in accordance with

department operations.

State General Funds

($428,038)

($428,038)

($428,038)

($428,038)

412. Transit

Appropriation (HB1026)

The purpose is to preserve and enhance the state's urban and rural public transit programs by providing financial and

technical assistance to Georgia's transit systems.

TOTAL STATE FUNDS

$4,928,160

$4,928,160

$4,928,160

$4,928,160

State General Funds

$4,928,160

$4,928,160

$4,928,160

$4,928,160

TOTAL FEDERAL FUNDS

$12,858,431

$12,858,431

$12,858,431

$12,858,431

Federal Funds Not Itemized

$12,858,431

$12,858,431

$12,858,431

$12,858,431

TOTAL AGENCY FUNDS

$2,000

$2,000

$2,000

$2,000

Sales and Services

$2,000

$2,000

$2,000

$2,000

Sales and Services Not Itemized

$2,000

$2,000

$2,000

$2,000

TOTAL PUBLIC FUNDS

$17,788,591

$17,788,591

$17,788,591

$17,788,591

Payments to the State Road and Tollway Authority

Continuation Budget

The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on

Guaranteed Revenue Bonds.

TOTAL STATE FUNDS

$54,000,460

$54,000,460

$54,000,460

$54,000,460

State Motor Fuel Funds

$54,000,460

$54,000,460

$54,000,460

$54,000,460

TOTAL PUBLIC FUNDS

$54,000,460

$54,000,460

$54,000,460

$54,000,460

Changes in Operations / Administration

413.1 Decrease payments to the State Road and Tollway Authority from $54,000,460 to $53,998,892 to reflect the current

debt service payment schedule.

State Motor Fuel Funds

($1,568)

($1,568)

($1,568)

($1,568)

413. Payments to the State Road and Tollway Authority

Appropriation (HB1026)

The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on

Guaranteed Revenue Bonds.

WEDNESDAY, MARCH 8, 2006

1853

TOTAL STATE FUNDS

$53,998,892

State Motor Fuel Funds

$53,998,892

TOTAL PUBLIC FUNDS

$53,998,892

It is the intent of this General Assembly that the following provisions apply:

$53,998,892 $53,998,892 $53,998,892

$53,998,892 $53,998,892 $53,998,892

$53,998,892 $53,998,892 $53,998,892

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. Section 47: Veterans Service, Department of
Section Total - Continuation

1854

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$21,340,355

$21,340,355

$21,340,355

$21,340,355

State General Funds

$21,340,355

$21,340,355

$21,340,355

$21,340,355

TOTAL FEDERAL FUNDS

$10,984,151

$10,984,151

$10,984,151

$10,984,151

Federal Funds Not Itemized

$10,984,151

$10,984,151

$10,984,151

$10,984,151

TOTAL PUBLIC FUNDS

$32,324,506

$32,324,506

$32,324,506

$32,324,506

Section Total - Final

TOTAL STATE FUNDS

$21,348,051

$21,498,051

$21,498,051

$21,498,051

State General Funds

$21,348,051

$21,498,051

$21,498,051

$21,498,051

TOTAL FEDERAL FUNDS

$10,984,151

$10,984,151

$10,984,151

$10,984,151

Federal Funds Not Itemized

$10,984,151

$10,984,151

$10,984,151

$10,984,151

TOTAL PUBLIC FUNDS

$32,332,202

$32,482,202

$32,482,202

$32,482,202

Departmental Administration

Continuation Budget

The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public

information, personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS

$676,034

$676,034

$676,034

$676,034

State General Funds

$676,034

$676,034

$676,034

$676,034

TOTAL FEDERAL FUNDS

$79,875

$79,875

$79,875

$79,875

Federal Funds Not Itemized

$79,875

$79,875

$79,875

$79,875

TOTAL PUBLIC FUNDS

$755,909

$755,909

$755,909

$755,909

Statewide Changes

414.1 WC, GTA, and GBA

State General Funds

$616

$616

$616

$616

Changes in the Size of the Program

414.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta.

State General Funds

($8,662)

($8,662)

($8,662)

($8,662)

414. Departmental Administration

Appropriation (HB1026)

The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public

information, personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS

$667,988

$667,988

$667,988

$667,988

State General Funds

$667,988

$667,988

$667,988

$667,988

TOTAL FEDERAL FUNDS

$79,875

$79,875

$79,875

$79,875

WEDNESDAY, MARCH 8, 2006

1855

Federal Funds Not Itemized

$79,875

$79,875

$79,875

$79,875

TOTAL PUBLIC FUNDS

$747,863

$747,863

$747,863

$747,863

Georgia Veterans Memorial Cemetery

Continuation Budget

The purpose is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the

military service of our country.

TOTAL STATE FUNDS

$297,683

$297,683

$297,683

$297,683

State General Funds

$297,683

$297,683

$297,683

$297,683

TOTAL PUBLIC FUNDS

$297,683

$297,683

$297,683

$297,683

Statewide Changes

415.1 WC, GTA, and GBA

State General Funds

$385

$385

$385

$385

Changes in the Size of the Program

415.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta.

State General Funds

($2,889)

($2,889)

($2,889)

($2,889)

415. Georgia Veterans Memorial Cemetery

Appropriation (HB1026)

The purpose is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the

military service of our country.

TOTAL STATE FUNDS

$295,179

$295,179

$295,179

$295,179

State General Funds

$295,179

$295,179

$295,179

$295,179

TOTAL PUBLIC FUNDS

$295,179

$295,179

$295,179

$295,179

Georgia War Veterans Nursing Home - Augusta

Continuation Budget

The purpose is to provide skilled nursing care to aged and infirmed Georgia Veterans; and to also serve as a teaching

facility for the Medical College of Georgia.

TOTAL STATE FUNDS

$4,437,230

$4,437,230

$4,437,230

$4,437,230

State General Funds

$4,437,230

$4,437,230

$4,437,230

$4,437,230

TOTAL FEDERAL FUNDS

$3,104,750

$3,104,750

$3,104,750

$3,104,750

Federal Funds Not Itemized

$3,104,750

$3,104,750

$3,104,750

$3,104,750

TOTAL PUBLIC FUNDS

$7,541,980

$7,541,980

$7,541,980

$7,541,980

Changes in Operations / Administration

416.2 Provide additional funds to cover the increasing cost of healthcare and pharmaceuticals.

State General Funds

$150,000

$150,000

$150,000

1856

JOURNAL OF THE SENATE

Changes in the Size of the Program

416.1 Transfer funds from other programs to cover increases in health care costs.

State General Funds

$96,257

$96,257

$96,257

$96,257

416. Georgia War Veterans Nursing Home - Augusta

Appropriation (HB1026)

The purpose is to provide skilled nursing care to aged and infirmed Georgia Veterans; and to also serve as a teaching

facility for the Medical College of Georgia.

TOTAL STATE FUNDS

$4,533,487

$4,683,487

$4,683,487

$4,683,487

State General Funds

$4,533,487

$4,683,487

$4,683,487

$4,683,487

TOTAL FEDERAL FUNDS

$3,104,750

$3,104,750

$3,104,750

$3,104,750

Federal Funds Not Itemized

$3,104,750

$3,104,750

$3,104,750

$3,104,750

TOTAL PUBLIC FUNDS

$7,638,237

$7,788,237

$7,788,237

$7,788,237

Georgia War Veterans Nursing Home - Milledgeville

Continuation Budget

The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$10,392,240

$10,392,240

$10,392,240

$10,392,240

State General Funds

$10,392,240

$10,392,240

$10,392,240

$10,392,240

TOTAL FEDERAL FUNDS

$7,225,135

$7,225,135

$7,225,135

$7,225,135

Federal Funds Not Itemized

$7,225,135

$7,225,135

$7,225,135

$7,225,135

TOTAL PUBLIC FUNDS

$17,617,375

$17,617,375

$17,617,375

$17,617,375

417. Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB1026)

The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$10,392,240

$10,392,240

$10,392,240

$10,392,240

State General Funds

$10,392,240

$10,392,240

$10,392,240

$10,392,240

TOTAL FEDERAL FUNDS

$7,225,135

$7,225,135

$7,225,135

$7,225,135

Federal Funds Not Itemized

$7,225,135

$7,225,135

$7,225,135

$7,225,135

TOTAL PUBLIC FUNDS

$17,617,375

$17,617,375

$17,617,375

$17,617,375

Veterans Benefits

Continuation Budget

The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by

informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the

benefits to which they are entitled.

TOTAL STATE FUNDS

$5,537,168

$5,537,168

$5,537,168

$5,537,168

State General Funds

$5,537,168

$5,537,168

$5,537,168

$5,537,168

WEDNESDAY, MARCH 8, 2006

1857

TOTAL FEDERAL FUNDS

$574,391

$574,391

$574,391

$574,391

Federal Funds Not Itemized

$574,391

$574,391

$574,391

$574,391

TOTAL PUBLIC FUNDS

$6,111,559

$6,111,559

$6,111,559

$6,111,559

Statewide Changes

418.1 WC, GTA, and GBA

State General Funds

$6,695

$6,695

$6,695

$6,695

Changes in the Size of the Program

418.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta.

State General Funds

($84,706)

($84,706)

($84,706)

($84,706)

418. Veterans Benefits

Appropriation (HB1026)

The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by

informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the

benefits to which they are entitled.

TOTAL STATE FUNDS

$5,459,157

$5,459,157

$5,459,157

$5,459,157

State General Funds

$5,459,157

$5,459,157

$5,459,157

$5,459,157

TOTAL FEDERAL FUNDS

$574,391

$574,391

$574,391

$574,391

Federal Funds Not Itemized

$574,391

$574,391

$574,391

$574,391

TOTAL PUBLIC FUNDS

$6,033,548

$6,033,548

$6,033,548

$6,033,548

Section 48: Workers' Compensation, State Board of

Section Total - Continuation

TOTAL STATE FUNDS

$15,697,280

$15,697,280

$15,697,280

$15,697,280

State General Funds

$15,697,280

$15,697,280

$15,697,280

$15,697,280

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

$240,000

TOTAL PUBLIC FUNDS

$15,937,280

$15,937,280

$15,937,280

$15,937,280

Section Total - Final

TOTAL STATE FUNDS

$15,706,280

$15,706,280

$15,706,280

$15,706,280

State General Funds

$15,706,280

$15,706,280

$15,706,280

$15,706,280

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

$240,000

TOTAL PUBLIC FUNDS

$15,946,280

$15,946,280

$15,946,280

$15,946,280

1858

JOURNAL OF THE SENATE

Administer the Workers' Compensation Laws

Continuation Budget

The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$9,366,793

$9,366,793

$9,366,793

$9,366,793

State General Funds

$9,366,793

$9,366,793

$9,366,793

$9,366,793

TOTAL PUBLIC FUNDS

$9,366,793

$9,366,793

$9,366,793

$9,366,793

Statewide Changes

419.1 WC, GTA, and GBA

State General Funds

$8,017

$8,017

$8,017

$8,017

419. Administer the Workers' Compensation Laws

Appropriation (HB1026)

The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$9,374,810

$9,374,810

$9,374,810

$9,374,810

State General Funds

$9,374,810

$9,374,810

$9,374,810

$9,374,810

TOTAL PUBLIC FUNDS

$9,374,810

$9,374,810

$9,374,810

$9,374,810

Board Administration

Continuation Budget

The purpose is to provide superior access to the Georgia Workers' Compensation program for injured workers and

employers in a manner that is sensitive, responsive, and effective.

TOTAL STATE FUNDS

$6,330,487

$6,330,487

$6,330,487

$6,330,487

State General Funds

$6,330,487

$6,330,487

$6,330,487

$6,330,487

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

$240,000

Sales and Services Not Itemized

$240,000

$240,000

$240,000

$240,000

TOTAL PUBLIC FUNDS

$6,570,487

$6,570,487

$6,570,487

$6,570,487

Statewide Changes

420.1 WC, GTA, and GBA

State General Funds

$983

$983

$983

$983

420. Board Administration

Appropriation (HB1026)

The purpose is to provide superior access to the Georgia Workers' Compensation program for injured workers and

employers in a manner that is sensitive, responsive, and effective.

TOTAL STATE FUNDS

$6,331,470

$6,331,470

$6,331,470

$6,331,470

State General Funds

$6,331,470

$6,331,470

$6,331,470

$6,331,470

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

$240,000

WEDNESDAY, MARCH 8, 2006

1859

Sales and Services

$240,000

$240,000

$240,000

$240,000

Sales and Services Not Itemized

$240,000

$240,000

$240,000

$240,000

TOTAL PUBLIC FUNDS

$6,571,470

$6,571,470

$6,571,470

$6,571,470

Section 49: State of Georgia General Obligation Debt Sinking Fund

Section Total - Continuation

TOTAL STATE FUNDS

$935,015,180 $935,015,180 $935,015,180 $935,015,180

State Motor Fuel Funds

$185,620,000 $185,620,000 $185,620,000 $185,620,000

State General Funds

$749,395,180 $749,395,180 $749,395,180 $749,395,180

TOTAL PUBLIC FUNDS

$935,015,180 $935,015,180 $935,015,180 $935,015,180

Section Total - Final

TOTAL STATE FUNDS

$988,051,386 $995,617,506 $1,001,367,041 $1,001,485,254

State Motor Fuel Funds

$192,385,000 $192,385,000 $192,385,000 $192,385,000

State General Funds

$795,666,386 $803,232,506 $808,982,041 $809,100,254

TOTAL PUBLIC FUNDS

$988,051,386 $995,617,506 $1,001,367,041 $1,001,485,254

General Obligation Debt Sinking Fund - New

Continuation Budget

TOTAL STATE FUNDS

$80,817,429

$80,817,429

$80,817,429

$80,817,429

State Motor Fuel Funds

$30,620,000

$30,620,000

$30,620,000

$30,620,000

State General Funds

$50,197,429

$50,197,429

$50,197,429

$50,197,429

TOTAL PUBLIC FUNDS

$80,817,429

$80,817,429

$80,817,429

$80,817,429

Changes in Operations / Administration

421.1 Transfer SFY2006 debt service for new bonds to Issued or Authorized Under Previous Appropriations Acts

programs.

State Motor Fuel Funds

($30,620,000) ($30,620,000)

State General Funds

($50,197,429) ($50,197,429)

TOTAL PUBLIC FUNDS

($80,817,429) ($80,817,429)

Economic Development

Financing and Investment Commission, Georgia State

421.13 Economic Development: $56,000,000 in principal for 20 years at 6.400%: Economic Development

From State General Funds, $5,051,200 is specifically appropriated for the purpose of financing projects and

facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

1860

JOURNAL OF THE SENATE

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $56,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$6,407,251

$5,051,200

Education

421.20 K - 12 Education: $0 principal for 10 years at 4.75%: Purchase school buses. (H:$50,000,000)(S:0)(CC:FY2007)

State General Funds

$6,400,000

$0

$0

Higher Education

University System of Georgia, Board of Regents

421.14 North Georgia College and State University: $18,440,000 in principal for 20 years at 5.750%: Library/Technology

Center.

From State General Funds, $1,575,329 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $18,440,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$1,549,044

$1,575,329

University System of Georgia, Board of Regents

421.22 East Central Georgia Regional Public Library: $2,000,000 in principal for 20 years at 5.750%: Headquarters

Library Richmond County (H and CC:$2,000,000)(S:0)

From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System

of Georgia to provide public library facilities by grant to the governing board of the East Central Georgia

Regional Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of

General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

$0

$170,860

University System of Georgia, Board of Regents

421.23 Forsyth County Public Library: $2,000,000 in principal for 20 years at 5.750%: Post Road Branch Library

Forsyth County (H and CC:$2,000,000)(S:0) (CC:Hampton Library in Forsyth County)

From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System

of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public

WEDNESDAY, MARCH 8, 2006

1861

Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General

Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

$0

$170,860

University System of Georgia, Board of Regents

421.24 Gwinnett County Public Library: $2,000,000 in principal for 20 years at 5.750%: Hamilton Mill Branch Library

Gwinnett County (H and CC:$2,000,000)(S:0)

From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System

of Georgia to provide public library facilities by grant to the governing board of the Gwinnett County Public

Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General

Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

$0

$170,860

University System of Georgia, Board of Regents

421.30 Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.750%: Civil Engineering Building

renovation. (H and CC:$5,000,000)(S:0)

From State General Funds, $427,150 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$427,150

$0

$427,150

University System of Georgia, Board of Regents

421.31 Traditional Industries and Research Alliance - GIT: $5,000,000 in principal for 5 years at 4.500%: Research

equipment for the National Center of Cancer Nanotechnology Excellence.

From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$1,140,000

$1,140,000

1862

JOURNAL OF THE SENATE

University System of Georgia, Board of Regents

421.32 Georgia College and State University: $9,115,000 in principal for 20 years at 5.750%: Parks Nursing/Health

Science renovation.

From State General Funds, $778,695 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

issuance of not more than $9,115,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$778,481

$778,695

University System of Georgia, Board of Regents

421.33 State University of West Georgia: $24,265,000 in principal for 20 years at 5.750%: Health, wellness and lifelong

learning center.

From State General Funds, $2,072,959 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $24,265,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$2,072,874

$2,072,959

University System of Georgia, Board of Regents

421.40 Hall County Public Library: $2,000,000 in principal for 20 years at 5.750%: Hall County Public Library

From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System

of Georgia to provide public library facilities by grant to the governing board of the Hall County Public Library,

for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt,

the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

$170,860

$170,860

University System of Georgia, Board of Regents

421.41 West Georgia Regional Public Library: $650,000 in principal for 20 years at 5.750%: Epheaus Public Library

Heard County (H and CC:$650,000)(S:0)

From State General Funds, $55,530 is specifically appropriated to the Board of Regents of the University System

WEDNESDAY, MARCH 8, 2006

1863

of Georgia to provide public library facilities by grant to the governing board of the West Georgia Regional Public

Library, for that library, through the issuance of not more than $650,000 in principal amount of General

Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$55,530

$0

$55,530

421.45 Live Oak Public Libraries: $0 in principal for 20 years at 5.75%: Chatham County (S: 2,000,000) (CC:0)

State General Funds

$170,860

$0

Total Debt Service

10 Year at 4.750%

State General Funds

$6,400,000

20 Year at 5.500%

State General Funds

$1,549,044

20 Year at 5.750%

State General Funds

$1,166,120

$9,600,326

$5,593,103

20 Year at 6.400%

State General Funds

$5,051,200

5 Year at 4.500%

State General Funds

$1,140,000

$1,140,000

Total Debt Service

State General Funds

$7,566,120

$12,289,370

$11,784,303

Total Principal Amount

10 Year at 4.750%

State General Funds

$50,000,000

20 Year at 5.500%

State General Funds

$18,441,000

20 Year at 5.750%

State General Funds

$13,650,000 $112,376,500

$65,470,000

20 Year at 6.400%

State General Funds

$56,000,000

5 Year at 4.500%

State General Funds

$5,000,000

$5,000,000

Total Principal

1864

JOURNAL OF THE SENATE

State General Funds

$63,650,000 $135,817,500 $126,470,000

421. General Obligation Debt Sinking Fund - New

Appropriation (HB1026)

TOTAL STATE FUNDS

$80,817,429

$88,383,549

$12,289,370

$11,784,303

State Motor Fuel Funds

$30,620,000

$30,620,000

State General Funds

$50,197,429

$57,763,549

$12,289,370

$11,784,303

TOTAL PUBLIC FUNDS

$80,817,429

$88,383,549

$12,289,370

$11,784,303

General Obligation Debt Sinking Fund - New: Authorized

Continuation Budget

Under Previous Appropriations Acts

TOTAL STATE FUNDS

$104,606,858 $104,606,858 $104,606,858 $104,606,858

State General Funds

$104,606,858 $104,606,858 $104,606,858 $104,606,858

TOTAL PUBLIC FUNDS

$104,606,858 $104,606,858 $104,606,858 $104,606,858

Changes in Operations / Administration

422.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act

program to General Obligation Debt Sinking Fund (Issued) program.

State General Funds

($104,606,858) ($104,606,858) ($53,592,390) ($53,592,390)

Criminal Justice

Defense, Department of

422.2 National Guard Armories: $1,805,000 in principal for 20 years at 5.500%: Per HB85, Bond # 63.

State General Funds

$151,620

$151,620

Economic Development

Ports Authority, Georgia

422.3 Ports Authority: $26,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 39.

State General Funds

$2,226,000

$2,226,000

Ports Authority, Georgia

422.4 Ports Authority: $7,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 40.

State General Funds

$588,000

$588,000

Ports Authority, Georgia

422.5 Ports Authority: $14,625,000 in principal for 20 years at 5.500%: Per HB85, Bond # 41.

State General Funds

$1,228,500

$1,228,500

Ports Authority, Georgia

422.6 Ports Authority: $2,500,000 in principal for 5 years at 3.500%: Per HB85, Bond # 43.

WEDNESDAY, MARCH 8, 2006

1865

State General Funds

$552,500

$552,500

Ports Authority, Georgia

422.7 Ports Authority: $5,320,000 in principal for 20 years at 5.500%: Per HB85, Bond # 44.

State General Funds

$446,880

$446,880

Transportation, Department of

422.8 Fast Forward: $83,800,000 in principal for 20 years at 5.500%: Per HB85, Bond # 45.

State General Funds

$7,039,200

$7,039,200

Transportation, Department of

422.9 Fast Forward: $20,000,000 in principal for 5 years at 4.200%: Per HB85, Bond # 48.

State Motor Fuel Funds

$4,520,000

$4,520,000

Environmental Facilities Authority, Georgia

422.18 Local Government Infrastructure: $22,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76.

State General Funds

$1,848,000

$1,848,000

Environmental Facilities Authority, Georgia

422.31 Local Government Infrastructure: $2,000,000 in principal for 20 years at 5.500%: Per HB 85, Bond #66.

State General Funds

$168,000

$168,000

422.32 Increase Motor Fuel Tax Funds to fund the highest annual debt service required to issue $300,000,000 in

authorized general obligation bonds using variable-rate interest. (See line 422.35)

State Motor Fuel Funds

$6,765,000

$6,765,000

$0

$0

Economic Development, Department of

422.33 Columbus Trade Center: $11,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 78.

State General Funds

$924,000

$924,000

Environmental Facilities Authority, Georgia

422.34 Local Government Infrastructure: $6,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76 of the

$10,000,000 not yet sold.

State General Funds

$546,000

$546,000

Transportation, Department of

422.35 Fast Forward: $300,000,000 in principal for 20 years at 0.000%: Per HB85, Bond # 47 adjust debt service to be

variable. (See line 422.32)

State Motor Fuel Funds

$32,865,000

$32,865,000

1866

JOURNAL OF THE SENATE

Education

Education, Department of

422.11 K - 12 Education: $9,815,000 in principal for 5 years at 4.500%: Per HB85, Bond # 69. (CC:Reflect interest rate

change from 3.5% to 4.5%)

State General Funds

$2,169,115

$2,237,820

Education, Department of

422.12 K - 12 Education: $33,265,000 in principal for 20 years at 5.500%: Per HB85, Bond # 72.

State General Funds

$2,794,260

$2,794,260

Education, Department of

422.13 K - 12 Education: $43,215,000 in principal for 20 years at 5.500%: Per HB85, Bond # 73.

State General Funds

$3,630,060

$3,630,060

Education, Department of

422.14 K - 12 Education: $3,970,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74.

State General Funds

$333,480

$333,480

Education, Department of

422.15 K - 12 Education: $3,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74.

State General Funds

$252,000

$252,000

Education, Department of

422.16 K - 12 Education: $6,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75

State General Funds

$504,000

$504,000

Education, Department of

422.17 K - 12 Education: $1,170,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75.

State General Funds

$84,000

$98,280

Higher Education

University System of Georgia, Board of Regents

422.19 Georgia College and State University: $0 in principal for 20 years at 5.500%: Per HB85, Bond #3 Design residual

amount.

State General Funds

$42

$0

University System of Georgia, Board of Regents

422.20 Georgia Perimeter College: $800,000 in principal for 5 years at 4.500%: Per HB85, Bond # 8. (CC:Reflect

interest rate change from 3.5% to 4.5%)

WEDNESDAY, MARCH 8, 2006

1867

State General Funds

$176,800

$182,400

University System of Georgia, Board of Regents

422.21 University of Georgia: $6,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 10.

State General Funds

$546,000

$546,000

University System of Georgia, Board of Regents

422.22 Medical College of Georgia: $4,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 15.

State General Funds

$336,000

$336,000

University System of Georgia, Board of Regents

422.23 Georgia Gwinnett College: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 17.

State General Funds

$420,000

$420,000

University System of Georgia, Board of Regents

422.24 Henry County McDonough Public Library: $1,035,000 in principal for 20 years at 5.500%: Per HB85, Bond # 22.

State General Funds

$86,940

$86,940

University System of Georgia, Board of Regents

422.25 Auburn Public Library: $810,000 in principal for 20 years at 5.500%: Per HB85, Bond # 23.

State General Funds

$68,040

$68,040

University System of Georgia, Board of Regents

422.26 Tifton-Tift County Public Library: $1,765,000 in principal for 20 years at 5.500%: Per HB85, Bond # 24.

State General Funds

$148,260

$148,260

University System of Georgia, Board of Regents

422.27 Gilmer County Public Library: $2,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 25.

State General Funds

$168,000

$168,000

University System of Georgia, Board of Regents

422.28 Tyrone Public Library: $1,270,000 in principal for 20 years at 5.500%: Per HB85, Bond # 27.

State General Funds

$106,680

$106,680

Technical and Adult Education, Department of

422.29 Appalachian Technical College: $1,200,000 in principal for 20 years at 5.500%: Per HB85, Bond # 30.

State General Funds

$100,800

$100,800

Technical and Adult Education, Department of

422.30 Southeastern Technical College: $1,440,000 in principal for 20 years at 5.500%: Per HB85, Bond # 35.

State General Funds

$120,960

$120,960

1868

JOURNAL OF THE SENATE

University System of Georgia, Board of Regents

422.40 Georgia Southern University: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 11.

State General Funds

$420,000

Total Debt Service

20 Year at 0.000%

State Motor Fuel Funds

$32,865,000

20 Year at 5.500%

State General Funds

$25,285,722

5 Year at 3.500%

State General Funds

$2,898,415

5 Year at 4.200%

State Motor Fuel Funds

$4,520,000

5 Year at 4.500%

State General Funds

Total Debt Service

State Motor Fuel Funds

$37,385,000

State General Funds

$28,184,137

Total Principal Amount

20 Year at 0.000%

State Motor Fuel Funds

$300,000,000

20 Year at 5.500%

State General Funds

$301,020,500

5 Year at 3.500%

State General Funds

$13,115,000

5 Year at 4.200%

State Motor Fuel Funds

$20,000,000

5 Year at 4.500%

State General Funds

Total Principal

State Motor Fuel Funds

$320,000,000

State General Funds

$314,135,500

$420,000
$32,865,000 $25,299,960
$552,500 $4,520,000 $2,420,220 $37,385,000 $28,272,680
$300,000,000 $301,190,000
$2,500,000 $20,000,000 $10,615,000 $320,000,000 $314,305,000

WEDNESDAY, MARCH 8, 2006

1869

422. General Obligation Debt Sinking Fund - New:

Appropriation (HB1026)

Authorized Under Previous Appropriations Acts

TOTAL STATE FUNDS

$6,765,000

$6,765,000 $116,583,605 $116,672,148

State Motor Fuel Funds

$6,765,000

$6,765,000

$37,385,000

$37,385,000

State General Funds

$79,198,605

$79,287,148

TOTAL PUBLIC FUNDS

$6,765,000

$6,765,000 $116,583,605 $116,672,148

General Obligation Debt Sinking Fund - Issued

Continuation Budget

TOTAL STATE FUNDS

$749,590,893 $749,590,893 $749,590,893 $749,590,893

State Motor Fuel Funds

$155,000,000 $155,000,000 $155,000,000 $155,000,000

State General Funds

$594,590,893 $594,590,893 $594,590,893 $594,590,893

TOTAL PUBLIC FUNDS

$749,590,893 $749,590,893 $749,590,893 $749,590,893

Changes in Operations / Administration

423.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act

program to General Obligation Debt Sinking Fund (Issued) program.

State General Funds

$104,606,858 $104,606,858

$53,592,390

$53,592,390

Changes in the Size of the Program

423.2 Reduce debt service to reflect an interest rate adjustment from 4.2% to 4.5% for 5-year bonds and from 5.85% to

5.75% for 20 year bonds. (CC: Recognize increase in rate from 3.5% to 4.5% for 5 year bonds - Georgia Perimeter

College Student Center and Department of Education vocational and agricultural equipment for new schools)

State General Funds

($630,682)

($630,682)

($630,682)

($704,987)

423.3 Provide state funds to pre-fund debt service obligations due in FY 2007.

State General Funds

$46,901,888

$46,901,888

$48,222,173

$48,845,495

Criminal Justice

Juvenile Justice, Department of

423.4 Youth Development Campus: $2,840,000 in principal for 5 years at 3.500%: Per HB85, Bond # 49.

State General Funds

$627,640

$627,640

Corrections, Department of

423.5 GDC multi-projects: $1,045,000 in principal for 5 years at 3.500%: Per HB85, Bond # 58.

State General Funds

$230,945

$230,945

Corrections, Department of

423.6 GDC multi-projects: $2,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 59.

1870

JOURNAL OF THE SENATE

State General Funds

$168,000

$168,000

Corrections, Department of

423.7 GDC multi-projects: $20,505,000 in principal for 20 years at 5.500%: Per HB85, Bond # 60.

State General Funds

$1,722,420

$1,722,420

Corrections, Department of

423.8 GDC multi-projects: $4,550,000 in principal for 20 years at 5.500%: Per HB85, Bond # 61.

State General Funds

$382,200

$382,200

Corrections, Department of

423.9 Security for Prisons: $3,745,000 in principal for 20 years at 5.500%: Per HB85, Bond # 62.

State General Funds

$314,580

$314,580

Public Safety, Department of

423.10 Public Safety Training Center: $890,000 in principal for 5 years at 3.500%: Per HB85, Bond # 64.

State General Funds

$196,690

$196,690

Investigation, Georgia Bureau of

423.11 GBI Regional Crime Scene Laboratories: $340,000 in principal for 5 years at 3.500%: Per HB85, Bond # 65.

State General Funds

$75,140

$75,140

Economic Development

Ports Authority, Georgia

423.12 Ports Authority: $2,215,000 in principal for 5 years at 3.500%: Per HB85, Bond # 42.

State General Funds

$489,515

$489,515

Transportation, Department of

423.13 Roads and Bridges: $6,470,000 in principal for 20 years at 5.500%: Per HB85, Bond # 46.

State General Funds

$543,480

$543,480

Environmental Facilities Authority, Georgia

423.21 Local Government Infrastructure: $20,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76.

State General Funds

$1,680,000

$1,680,000

Environmental Facilities Authority, Georgia

423.22 Local Government Infrastructure: $1,500,000 in principal for 20 years at 5.500%: Per HB85, Bond #66.

State General Funds

$126,000

$126,000

WEDNESDAY, MARCH 8, 2006

1871

Education

Education, Department of

423.14 K - 12 Education: $6,200,000 in principal for 20 years at 5.500%: Per HB85, Bond # 70.

State General Funds

$520,800

$520,800

Education, Department of

423.15 K - 12 Education: $215,000 in principal for 20 years at 5.500%: Per HB85, Bond # 71.

State General Funds

$18,060

$18,060

Education, Department of

423.16 K - 12 Education: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 72.

State General Funds

$420,000

$420,000

Education, Department of

423.17 K - 12 Education: $20,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 73.

State General Funds

$1,680,000

$1,680,000

Education, Department of

423.18 K - 12 Education: $500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74.

State General Funds

$42,000

$42,000

Education, Department of

423.19 K - 12 Education: $1,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75.

State General Funds

$140,280

$126,000

Fiscal Management

Revenue, Department of

423.20 Tax System: $3,000,000 in principal for 5 years at 3.500%: Per HB85, Bond # 68.

State General Funds

$663,000

$663,000

Building Authority, Georgia

423.23 Legislative Office Building: $1,460,000 in principal for 5 years at 3.500%: Per HB85, Bond # 67.

State General Funds

$322,660

$322,660

Human Development

Veterans Service, Department of

423.24 Georgia War Veterans Nursing Home, Milledgeville: $140,000 in principal for 5 years at 3.500%: Per HB85,

Bond # 50.

State General Funds

$30,940

$30,940

1872

JOURNAL OF THE SENATE

Veterans Service, Department of

423.25 Georgia War Veterans Nursing Home, Milledgeville: $70,000 in principal for 5 years at 3.500%: Per HB85, Bond

# 51.

State General Funds

$15,470

$15,470

Veterans Service, Department of

423.26 Georgia War Veterans Nursing Home, Milledgeville: $115,000 in principal for 5 years at 3.500%: Per HB85,

Bond # 52.

State General Funds

$25,415

$25,415

Veterans Service, Department of

423.27 Georgia War Veterans Nursing Home, Milledgeville: $40,000 in principal for 5 years at 3.500%: Per HB85, Bond

# 53.

State General Funds

$8,840

$8,840

Veterans Service, Department of

423.28 Georgia War Veterans Nursing Home, Milledgeville: $100,000 in principal for 5 years at 3.500%: Per HB85,

Bond # 54.

State General Funds

$22,100

$22,100

Veterans Service, Department of

423.29 Georgia War Veterans Nursing Home, Milledgeville: $80,000 in principal for 5 years at 3.500%: Per HB85, Bond

# 55.

State General Funds

$17,680

$17,680

Veterans Service, Department of

423.30 Georgia War Veterans Nursing Home, Milledgeville: $120,000 in principal for 5 years at 3.500%: Per HB85,

Bond # 56.

State General Funds

$26,520

$26,520

Veterans Service, Department of

423.31 Georgia War Veterans Nursing Home, Milledgeville: $90,000 in principal for 5 years at 3.500%: Per HB85, Bond

# 57.

State General Funds

$19,890

$19,890

Higher Education

University System of Georgia, Board of Regents

423.32 Regents: $50,630,000 in principal for 20 years at 5.500%: Per HB85, Bond # 1.

WEDNESDAY, MARCH 8, 2006

1873

State General Funds

$4,252,920

$4,252,920

University System of Georgia, Board of Regents

423.33 Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 2.

State General Funds

$420,000

$420,000

University System of Georgia, Board of Regents

423.34 Georgia College and State University: $1,012,000 in principal for 20 years at 5.500%: Per HB85, Bond # 3.

Design.

State General Funds

$85,008

$85,008

University System of Georgia, Board of Regents

423.35 State University of West Georgia: $2,696,000 in principal for 20 years at 5.500%: Per HB85, Bond # 4. Design.

State General Funds

$226,464

$226,464

University System of Georgia, Board of Regents

423.36 North Georgia College and State University: $2,049,000 in principal for 20 years at 5.500%: Per HB85, Bond # 5.

Design.

State General Funds

$172,116

$172,116

University System of Georgia, Board of Regents

423.37 Savannah State College: $1,266,000 in principal for 20 years at 5.500%: Per HB85, Bond # 6. Design.

State General Funds

$106,344

$106,344

University System of Georgia, Board of Regents

423.38 Kennesaw State University: $1,575,000 in principal for 5 years at 3.500%: Per HB85, Bond #7

State General Funds

$348,075

$348,075

University System of Georgia, Board of Regents

423.39 University of Georgia: $1,520,000 in principal for 5 years at 3.500%: Per HB85, Bond # 9.

State General Funds

$335,920

$335,920

Technical and Adult Education, Department of

423.41 Technical College Multi-Projects: $7,500,000 in principal for 5 years at 3.500%: Per HB85, Bond # 28.

State General Funds

$1,657,500

$1,657,500

Technical and Adult Education, Department of

423.42 North Georgia Technical College: $635,000 in principal for 20 years at 5.500%: Per HB85, Bond # 29.

State General Funds

$53,340

$53,340

Technical and Adult Education, Department of

1874

JOURNAL OF THE SENATE

423.43 West Georgia Technical College: $6,400,000 in principal for 20 years at 5.500%: Per HB85, Bond # 32.

State General Funds

$537,600

$537,600

Technical and Adult Education, Department of

423.44 DeKalb Technical College: $23,965,000 in principal for 20 years at 5.500%: Per HB85, Bond # 34.

State General Funds

$2,013,060

$2,013,060

Natural Resources

Natural Resources, Department of

423.45 Georgia National Fairgrounds and Agricenter: $3,045,000 in principal for 20 years at 5.500%: Per HB85, Bond #

36.

State General Funds

$255,780

$255,780

Forestry Commission, State

423.46 Forestry Buildings: $2,900,000 in principal for 5 years at 3.500%: Per HB85, Bond # 37.

State General Funds

$640,900

$640,900

Forestry Commission, State

423.47 Forestry Buildings: $1,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 38.

State General Funds

$84,000

$84,000

Total Debt Service

20 Year at 5.500%

State General Funds

$15,964,452

$15,950,172

5 Year at 3.500%

State General Funds

$5,754,840

$5,754,840

Total Debt Service

State General Funds

$21,719,292

$21,705,012

Total Principal Amount

20 Year at 5.500%

State General Funds

$190,053,000 $189,883,000

5 Year at 3.500%

State General Funds

$26,040,000

$26,040,000

Total Principal

State General Funds

$216,093,000 $215,923,000

WEDNESDAY, MARCH 8, 2006

1875

423. General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS
Section 50: General Obligation Bonds Previously Authorized

Appropriation (HB1026)
$900,468,957 $900,468,957 $872,494,066 $155,000,000 $155,000,000 $155,000,000 $745,468,957 $745,468,957 $717,494,066 $900,468,957 $900,468,957 $872,494,066

$873,028,803 $155,000,000 $718,028,803 $873,028,803

BONDS SOLD IN 2005:

The following paragraphs from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), are carried forward and ratified, for state fiscal year 2005-2006, their authorizations having been utilized. Authorization for the payment of actual highest annual debt service is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued":

From the appropriation designated "State General Funds (New)", $4,252,920 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $50,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 1. 423.32 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $420,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 2. 423.33 .....................................................................................................................................

1876

JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)", $226,464 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,696,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 4. 423.35 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $172,116 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,049,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 5. 423.36 ................................................................................................................................... From the appropriation designated "State General Funds (New)", $106,344 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,266,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 6. 423.37 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $348,075 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 7. 423.38 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $335,920 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

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1877

structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 9. 423.39 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $1,657,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 28. 423.41 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $53,340 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $635,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 29. 423.42 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $537,600 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 32. 423.43 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $2,013,060 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 34. 423.44

1878

JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)", $255,780 is specifically appropriated for the purpose of financing projects and facilities for the Natural Resources, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 36. 423.45 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $640,900 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 37. 423.46 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $84,000 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 38. 423.47 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $489,515 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 42. 423.12 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $543,480 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment

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1879

or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 46. 423.13 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $627,640 is specifically appropriated for the purpose of financing projects and facilities for the Juvenile Justice, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 49. 423.4 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $30,940 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 50. 423.24 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $15,470 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $70,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 51. 423.25 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $25,415 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 52. 423.26

1880

JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)", $8,840 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $40,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 53. 423.27 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $22,100 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 54. 423.28 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $17,680 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $80,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 55. 423.29 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $26,520 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 56. 423.30 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $19,890 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment

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1881

or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $90,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 57. 423.31 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $230,945 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 58. 423.5 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $168,000 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 59. 423.6 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $1,722,420 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 60. 423.7 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $382,200 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 61. 423.8

1882

JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)", $314,580 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 62. 423.9 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $196,690 is specifically appropriated for the purpose of financing projects and facilities for the Public Safety, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 64. 423.10 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $75,140 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $340,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 65. 423.11 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $322,660 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 67. 423.23 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $663,000 is specifically appropriated for the purpose of financing projects and facilities for the Revenue, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

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1883

both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 68. 423.20 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $520,800 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $6,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 70. 423.14 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $18,060 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 71. 423.15 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006: From the appropriation designated "State General Funds (New)", $85,050 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,012,500 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 3. 423.34
is amended to read as follows:
From the appropriation designated "State General Funds (New)", $85,008 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,012,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 3. 423.34

1884

JOURNAL OF THE SENATE

The specific appropriation above for the payment of highest annual debt service for the preceding paragraph is included in the appropriation in Section 49, Program 423 "General Obligation Debt Sinking Fund Issued." BOND # 3. 423.34
BONDS PENDING IN 2006 The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006: From the appropriation designated "State General Funds (New)", $176,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 8
is amended to read as follows:
From the appropriation designated "State General Funds (New)", $182,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 8 The specific appropriation above for the payment of highest annual debt service for the preceding paragraph is included in the appropriation in Section 49, Program 422 "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Act." (BOND # 8. 422.20, 423.2) ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006:
From the appropriation designated "State Motor Fuel Funds (New)", $26,100,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction,

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1885

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 47
is amended to read as follows:
From the appropriation designated "State Motor Fuel Funds (New)", $32,865,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 47
The specific appropriation above for the payment of highest annual debt service for the preceding paragraph is included in the appropriation in Section 49, Program 422 "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Act." (BOND # 47. 422.35. See 422.32) ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006:

From the appropriation designated "State General Funds (New)", $2,169,115 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $9,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 69
is amended to read as follows:

1886

JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)", $2,237,820 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $9,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 69
The specific appropriation above for the payment of highest annual debt service for the preceding paragraph is included in the appropriation in Section 49, Program 422 "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Act." (BOND # 69. 422.11) ..................................................................................................................................... The following paragraphs from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, are carried forward. The specific appropriations for the payment of highest annual debt service are included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts":
From the appropriation designated "State General Funds (New)", $546,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 10. 422.21 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $420,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 11 422.40 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $336,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

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1887

structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 15. 422.22 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $420,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 17. 422.23 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $86,940 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Henry County McDonough Public Library for that library, through the issuance of not more than $1,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 22. 422.24 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $68,040 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Auburn Public Library for that library, through the issuance of not more than $810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 23. 422.25 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $148,260 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Tifton-Tift County Public Library for that library, through the issuance of not more than $1,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 24. 422.26 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $168,000 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the

1888

JOURNAL OF THE SENATE

Gilmer County Public Library for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 25. 422.27 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $106,680 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Tyrone Public Library for that library, through the issuance of not more than $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 27. 422.28 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $100,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 30. 422.29 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $120,960 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 35. 422.30 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $2,226,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 39. 422.3 .....................................................................................................................................

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1889

From the appropriation designated "State General Funds (New)", $588,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 40. 422.4 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $1,228,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,625,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 41. 422.5 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $552,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 43. 422.6 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $446,880 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 44. 422.7 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $7,039,200 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment

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or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $83,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 45. 422.8 ..................................................................................................................................... From the appropriation designated "State Motor Fuel Funds (New)", $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 48. 422.9 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $151,620 is specifically appropriated for the purpose of financing projects and facilities for the Defense, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,805,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 63. 422.2 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $924,000 is specifically appropriated for the purpose of financing projects and facilities for the Economic Development, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 78. 422.33
BONDS PARTIALLY SOLD IN 2005 AND PENDING IN 2006
The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005:

WEDNESDAY, MARCH 8, 2006

1891

From the appropriation designated "State General Funds (New)", $294,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 66
Of the specific appropriation above, the amount of $168,000 for the payment of pending highest annual debt service in a principal amount of $2,000,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.31). Authorization for the payment of actual highest annual debt service for a principal amount of $1,500,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued." (423.22). (BOND # 66) .................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005:
From the appropriation designated "State General Funds (New)", $3,214,260 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $38,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 72
Of the specific appropriation above, the amount of $2,794,260 for the payment of pending highest annual debt service in a principal amount of $33,265,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.12). Authorization for the payment of actual highest annual debt service for a principal amount of $5,000,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued." (423.16). BOND # 72 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005:

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From the appropriation designated "State General Funds (New)", $5,310,060 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $63,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 73
Of the specific appropriation above, the amount of $3,630,060 for the payment of pending highest annual debt service in a principal amount of $43,215,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.13). Authorization for the payment of actual highest annual debt service for a principal amount of $20,000,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued." (423.17). BOND # 73 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005:
From the appropriation designated "State General Funds (New)", $627,480 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $7,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 74
Of the specific appropriation above, the amount of $333,480 for the payment of pending highest annual debt service in a principal amount of $3,970,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.14). The amount of $252,000 for the payment of pending highest annual debt service in a principal amount of $3,000,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.15). Authorization for the payment of actual highest annual debt service for a principal amount of $500,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued" (423.18). BOND # 74 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005:

WEDNESDAY, MARCH 8, 2006

1893

From the appropriation designated "State General Funds (New)", $728,280 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $8,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 75
Of the specific appropriation above, the amount of $504,000 for the payment of pending highest annual debt service in a principal amount of $6,000,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.16). The amount of $98,280 for the payment of pending highest annual debt service in a principal amount of $1,170,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.17). Authorization for the payment of actual highest annual debt service for a principal amount of $1,500,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued" (423.19). BOND # 75 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006:
From the appropriation designated "State General Funds (New)", $4,368,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $52,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 76
is amended to read as follows:
From the appropriation designated "State General Funds (New)", $4,074,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $48,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 76

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JOURNAL OF THE SENATE

Of the specific appropriation above, the amount of $546,000 for the payment of pending highest annual debt service in a principal amount of $6,500,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Act." (422.34). The amount of $1,848,000 for the payment of pending highest annual debt service in a principal amount of $22,000,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.18). Authorization for the payment of actual highest annual debt service for a principal amount of $20,000,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued" (423.21). BOND # 76 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorizations having been partially utilized in 2005:
From the appropriation designated "State General Funds (New): Authorized Under Previous Appropriations Acts," $4,510,000 is specifically appropriated for the Georgia State Financing and Investment Commission to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 49.
Of the specific appropriation above, the amount of $4,510,000 for the payment of pending highest annual debt service in a principal amount of $42,400,000 is included in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued." Authorization for the payment of actual highest annual debt service for a principal amount of $7,600,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued". (Section 49)
VETOED BONDS
BOND # 12 (VETOED) BOND # 13 (VETOED) BOND # 14 (VETOED)

WEDNESDAY, MARCH 8, 2006

1895

BOND # 16 (VETOED) BOND # 18 (VETOED) BOND # 19 (VETOED) BOND # 20 (VETOED) BOND # 21 (VETOED) BOND # 26 (VETOED) BOND # 31 (VETOED) BOND # 33 (VETOED) BOND # 77 (VETOED
Section 51. General Obligation Bonds Repealed, Revised, or Reinstated

The following paragraph of Section 61 of the Amended General Appropriations Act for state fiscal year 2001-2002 (Ga. L. 2002, p. 11) is hereby repealed in its entirety:
From the appropriation designated "State General Funds (New)," $155,940 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of Section 65 of the Amended General Appropriations Act for state fiscal year 2002- 2003 (Ga. L. 2003, p. 29), which reads as follows:
"From the appropriation designated "State General Funds (New)," $60,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have

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maturities not in excess of two hundred and forty months."
is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $24,304 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1053 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session),which reads as follows: "From the appropriation designated "State General Funds (New)," $1,377,993 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,839,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $1,237,314 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,222,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

WEDNESDAY, MARCH 8, 2006

1897

"The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1054 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session), which reads as follows:
"From the appropriation designated "State General Funds (New)," $1,805,250 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $1,305,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1053 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session), which reads as follows:
"From the appropriation designated "State General Funds (New)," $1,655,784 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,032,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
is hereby amended to read as follows:

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JOURNAL OF THE SENATE

"From the appropriation designated "State General Funds (New)," $667,290 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."

The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, pp. 994, 1046, 1050-1051, as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session) is hereby repealed in its entirety:

From the appropriation designated "State General Funds (New)," $384,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

The following paragraph of the Amended General Appropriations Act for state fiscal year 2004-2005 (House Bill 84 of the 2005 Regular Session) is hereby repealed in its entirety:
From the appropriation designated "State General Funds (New)," $198,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $876,283 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

WEDNESDAY, MARCH 8, 2006

1899

Section 52: Flex
The provisions in this section may be known collectively as "flex". When an agency receives appropriations from the group of funds listed under TOTAL STATE FUNDS for more than one program, object or class, the appropriation of the particular fund source for each program, object or class of the agency is the amount stated, and the program, object or class shall also be authorized the lesser of an additional $250,000 or two percent (2%) of the stated amount. However, if the additional authority is used, the appropriation of the same fund source for one or more of the other appropriations to that agency is reduced in the same amount, such that the stated total in appropriations from that fund source within the Section is not exceeded. However, the additional amount must be from a fund source which is lawfully available for the purpose to which it is added. This paragraph does not: (1) apply to the appropriations for the "MEDICAID: LOW-INCOME MEDICAID" and "MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department of Community Health; (2) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes; (3) apply to appropriations for local assistance grants in which recipient, purpose and amount are specified under O.C.G.A. 50-8-8(a) or O.C.G.A. 28-5-121(1). (4) apply to appropriations for general obligation debt.
When an agency receives appropriations from the group of funds listed under TOTAL FEDERAL FUNDS for more than one program, object or class, the appropriation of the particular fund source for each program, object or class of the agency is the amount stated, and the program, object or class shall also be authorized the additional two percent (2%) of the stated amount. However, if the additional authority is used, the appropriation of the same fund source for one or more of the other appropriations to that agency is reduced in the same amount, such that the stated total in appropriations from that fund source within the Section is not exceeded. However, the additional amount must be from a fund source which is lawfully available for the purpose to which it is added. This paragraph does not: (1) apply to the appropriations for the "MEDICAID: LOW-INCOME MEDICAID" and "MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department of Community Health; (2) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes; (3) apply to appropriations for local assistance grants in which recipient, purpose and amount are specified under O.C.G.A. 50-8-8(a) or O.C.G.A. 28-5-121(1).

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Section 53: Federal Funds

To the extent to which Federal Funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately receding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 54: Pay Raise

The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes:

1.) To provide a general salary adjustment of 2% for officers and employees of the Judicial, Legislative and Executive branches, excluding those provided for separately in the numbered items below, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006. The proposed salary adjustment for Executive branch employees will be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. 2.) To provide for the cost-of-living adjustment authorized by O.C.G.A. 45-7-4(b), in the amount of 2% for each state officer whose salary is set by Code Sections 45-7-4(a), except members of the General Assembly. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2006. 3.) To provide for the cost-of-living adjustment authorized by O.C.G.A. 45-7-4(b), in the amount of 2% for members of the General Assembly. The amount of the appropriation for this purpose is calculated according to an effective date of January

WEDNESDAY, MARCH 8, 2006

1901

1, 2006, subject to further provisions of O.C.G.A. 45-7-4(b). 4.) To provide for a 2% increase in the state base salary on the local teacher salary schedule for the State Board of education. This proposed 2% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule for the State Board of Education. The amount of the appropriation for this purpose is calculated according to an effective date of September 1, 2005. 5.) To provide for a 2% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2005. 6.) To provide a 2% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with winter semester, 2006, for Regents faculty and calculated to commence January 1, 2006, for non-academic personnel. 7.) To provide a 2% salary increase for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006. 8.) To provide for a 2% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006, and to provide for a 2% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006.

Section 55: Leases
In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

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JOURNAL OF THE SENATE

Section 56. Refunds
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 57: Budgetary Control and Interpretation
The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for State Funds, Federal Funds, and as provided by law for other funds, under a caption beginning with a program number and program name and ending with "Appropriation (HB 1026)," in each case as associated with the statement of Program Name and Program Purpose. Amounts in the other columns are for informational purposes only. The Program Purpose is stated immediately below the Program Name. Text in a group of lines that begin with a decimal number is not part of a statement of purpose and is for information only. For Section 49, titled the "State of Georgia General Obligation Debt Sinking Fund," the appropriations are in Program appropriations and more specifically in the authorizing paragraphs as amended, and the lines beginning with a decimal number are for informational purposes only. The blocks of text and numerals immediately following the Section header and beginning with the phrases, "Section Total -Continuation" and "Section Totals Final" are for informational purposes only. Sections 50, 51, 52, 53, 54, 55, 56 and 57 contain, constitute or amend appropriations.
Effective Date
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Repeal Conflicting Laws
All laws and parts of laws in conflict with this act are repealed.

WEDNESDAY, MARCH 8, 2006

1903

Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 1026.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison
Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1026.

The following communications were received by the Secretary:

Senator Seth Harp District 29 110 State Capitol Atlanta, GA 30334

Higher Education Judiciary Insurance and Labor Appropriations Veterans and Military Affairs

The State Senate Atlanta, Georgia 30334

Please record my vote in favor of the amended budget bill, HB 1026.

/s/ Seth Harp District 29

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JOURNAL OF THE SENATE

Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334

Committees: Appropriations Health and Human Services Retirement State and Local Governmental Operations

The State Senate Atlanta, Georgia 30334

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senator Horacena Tate 38th District

SUBJECT: REGISTER VOTE

DATE: March 08, 2006

I am writing because my vote did not register on HB 1026, the Supplemental Appropriations FY 2005-2006 bill. I was in the Chamber, but was blocked from getting to my desk. When I pressed the button to vote "YES", they were already being tallied on the board.

Please let the record reflect that I did vote "YES" for HB 1026.

Thank you in advance for your consideration.

/s/ Horacena Tate

At 12:30 p.m. the President announced that the Senate would stand in recess until 1:00 p.m.

At 1:00 p.m. the President called the Senate to order.
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.

The Calendar was resumed.

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SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 529:
A BILL TO BE ENTITLED AN ACT
To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to provide for powers, duties, and authority of the Commissioner of Labor; to provide that it shall be unlawful to traffic a person for labor or sexual servitude; to provide for definitions; to provide for penalties; to provide that trafficking a person for labor or sexual servitude is a predicate offense under the Georgia Racketeer Influenced and Corrupt Practices Act; to provide for valid identification documents; to provide for exceptions; to create and establish the "Registration of Immigration Assistance Act"; to provide a statement of purpose and definitions; to provide for the regulation of private immigration services; to specify conditions under which certain compensation paid by a taxpayer shall be disallowed as a business expense for state income tax purposes; to provide for powers, duties, and authority of the state revenue commissioner; to provide for a definition; to provide for a legislative finding; to provide for exceptions; to provide

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for certain records; to provide procedures for determining nationality and immigration status of certain persons who are booked into a jail; to provide for the development of guidelines relative to such booking procedures; to provide for requirements, procedures, and conditions regarding applications for certain benefits; to provide for exceptions; to provide for the promulgation of regulations; to provide for criminal and other penalties; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Security and Immigration Compliance Act." All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law.
SECTION 2. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding a new article at the end of Chapter 10, to be designated Article 3, to read as follows:
ARTICLE 3
13-10-90. As used in this article, the term 'federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603, and subsequent laws.
13-10-91. (a) On or after July 1, 2007, every department, agency, or instrumentality of the state or a political subdivision of the state shall register and participate in the federal work authorization program as defined in this article. (b) On or after July 1, 2007, no department, agency, or instrumentality of the state or a political subdivision of the state shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program as defined in this article. (c) On or after July 1, 2007, no contractor who enters a contract subject to this article shall enter into a subcontract in connection with such contract for the physical performance of services within this state unless the subcontractor registers and participates in the federal work authorization program as defined in this article.

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(d) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (e) The Commissioner of Labor shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the departments website. (f) The requirements of this Code section shall cease to apply at such time as the Department of Homeland Security of the United States has ceased to establish and maintain a national program for the electronic verification of work authorization as determined by the Commissioner of Labor.
SECTION 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section immediately following Code Section 16-5-45, to be designated Code Section 16-5-46, to read as follows:
16-5-46. (a) As used in this Code section, the term:
(1) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any person or physically restraining or confining or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; (D) Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined; or (E) Providing a controlled substance, as such term is defined by Code Section 1613-21, to such person.
(2) 'Deception' means: (A) Creating or confirming anothers impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Failing to correct a false impression of an existing fact or past event which the accused has previously created or confirmed; (C) Preventing another from acquiring information pertinent to the disposition of a debt or pledge; or (D) Promising performance of services which the accused does not intend to perform or knows will not be performed.
(3) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception.

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(4) 'Sexual servitude' means: (A) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or (B) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 which is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years.
(b) A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects or maintains another in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude. (c) A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects or maintains another in sexual servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude. (d) Any person who commits the offense of trafficking a person for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 20 years. Any person who commits the offense of trafficking a person for labor or sexual servitude against a person who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten years nor more than 20 years. (e) District attorneys and the Attorney General shall have concurrent authority to prosecute any criminal and civil cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto.
(f)(1) All real and personal property of every kind which is used, intended for use, used in any manner to facilitate, or is derived from a violation of this Code section is contraband and forfeited to the state and no person shall have a property interest in it. (2) Such property may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment. (3) Within 60 days of the date of the seizure of proceeds or money pursuant to this Code section, the district attorney or the Attorney General shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of such property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-1349. (4) Proceeds or money which is forfeited pursuant to this Code section shall be disposed of and distributed as provided in Code Section 16-13-49.

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(g) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense.
SECTION 4. Said title is further amended in subparagraph (A) of paragraph (9) of Code Section 16-143, relating to definitions regarding the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, by striking "or" at the end of division (xxxix); by striking the period at the end of division (xxxx) and inserting in its place "; or"; and by adding a new division immediately following division (xxxx), to be designated division (xxxxi), to read as follows:
(xxxxi) Code Section 16-5-46, relating to trafficking in persons for labor or sexual servitude.
SECTION 5. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section immediately following Code Section 42-4-13, to be designated Code Section 42-4-14, to read as follows:
42-4-14. (a) When any person is confined on a felony charge in the jail of the county, any municipality or a jail operated by a regional jail authority, the keeper of the jail or other officer whose duty it is to receive persons charged with an offense shall as part of the booking process determine the nationality of each person being confined. (b) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the Department of Homeland Security. (c) The Public Safety Training Center, in cooperation with the Georgia Sheriffs Association, Department of Public Safety, Department of Economic Development, Department of Driver Services, and Prosecuting Attorneys Council of the State of Georgia, shall prepare and issue guidelines and procedures which may be used by any jail or regional jail authority to comply with the provisions of this Code section.
SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter immediately following Chapter 20 to read as follows:

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CHAPTER 20A
43-20A-1. This chapter shall be known and may be cited as the 'Registration of Immigration Assistance Act.'
43-20A-2. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys.
43-20A-3. As used in this chapter, the term:
(1) 'Compensation' means money, property, services, promise of payment, or anything else of value. (2) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employees paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor. (3) 'Immigration assistance service' means any information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law. (4) 'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country or that arises under action of the United States Citizenship and Immigration Services, the United States Department of Labor, or the United States Department of State.
43-20A-4. (a) Any person who provides or offers to provide immigration assistance service may perform only the following services:
(1) Completing a government agency form, requested by the customer and appropriate to the customers needs only if the completion of that form does not involve a legal judgment for that particular matter; (2) Transcribing responses to a government agency form which is related to an immigration matter but not advising a customer as to his or her answers on those forms; (3) Translating information on forms to a customer and translating the customers answers to questions posed on those forms; (4) Securing for the customer supporting documents currently in existence, such as

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birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) Translating documents from a foreign language into English; (6) Notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (7) Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter; (8) Preparing or arranging for the preparation of photographs and fingerprints; (9) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; (10) Conducting English language and civics courses; and (11) Performing such other services that the office of the Secretary of State determines by rule may be appropriately performed by such persons in light of the purposes of this chapter. (b) The following persons are exempt from this chapter: (1) An attorney licensed to practice law in Georgia or an attorney licensed to practice law in any other state or territory of the United States or in any foreign country when acting with the approval of a judge having lawful jurisdiction over the matter; (2) A legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance service in the course of employment; (3) A not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees, of those organizations accredited under 8 C.F.R. 292.2(d); and (4) Any organization employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided. (c) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law. (d) Any person performing such services shall obtain business licenses from the office of the Secretary of State and as may be required by a local governing authority. (e) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement:

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'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' (f) Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous size, if in writing, and shall state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If such advertisement is by radio or television, the statement may be modified but must include substantially the same message. (g) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. (h) Violations of this chapter may result in a fine of up to $1,000.00 per violation. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties. (i) No person engaged in providing immigration services who is not exempted under this chapter shall do any of the following:
(1) Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law; (2) Refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (3) Represent or advertise, in connection with the provision assistance in immigration matters, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney; the term 'notary public' may not be translated to another language; (4) Provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or (5) Make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.

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(j) Any person who violates any provision of this chapter or the rules and regulations issued under this chapter, shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense. (k) The Secretary of State shall issue rules not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter.
SECTION 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding two new Code sections immediately following Code Section 48-7-21, to be designated Code Sections 48-7-21.1 and 48-7-21.2, to read as follows:
48-7-21.1. (a) As used in this Code section, the term 'valid identification and employment authorization document' means any valid documents included on the list of acceptable documents, for persons 18 years of age or older, for the Employment Eligibility Verification Form I-9 of the federal Department of Homeland Security except as otherwise provided in this Code section. (b) A drivers license or identification card issued by any state, which, on or after July 1, 2006, authorized such drivers license or identification card to be issued to persons not lawfully present in the United States shall not be accepted as valid employment authorized documentation. A travel or identification document issued by a foreign government shall not be accepted as a valid employment authorized documentation unless such document has been recognized by the United States Department of Homeland Security as evidence of alien registration pursuant to federal law.
48-7-21.2. (a) As used in this Code section, the term 'valid identification and employment authorization document' means any document included on the list of acceptable documents, for persons 18 years of age or older, for the Employment Eligibility Verification Form I-9 of the federal Department of Homeland Security except as otherwise provided in this Code section.
(b)(1) On or after January 1, 2008, no payment of compensation to an individual of $600.00 or more per annum, whether in the form of wages, salary, payment for labor, benefits, in-kind exchange, or expenses, may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless the person to whom such compensation was paid provides to the taxpayer valid identification and employment authorization documents. The provisions of this paragraph shall apply whether or not an Internal Revenue Service form 1099 is issued in conjunction with the payment. (2) The state revenue commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this subsection. (c) This Code section shall not apply to any business domiciled in this state which is

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exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful. (d) This Code section shall not apply to any business in this state which uses an electronic federal work authorization program operated by the Department of Homeland Security of the United States.
SECTION 8. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows:
CHAPTER 36
50-36-1. (a) Except as provided in subsection (c) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency of this state or a political subdivision thereof shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency of this state or a political subdivision thereof. (b) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c) Verification of lawful presence under this Code section shall not be required:
(1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (C) Are necessary for the protection of life or safety.

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(6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or national 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is an alien 18 years of age or older lawfully present in the United States. (e) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (f) Any person who knowingly and willfully executes an affidavit pursuant to subsection (d) of this Code section which contains a false statement shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $1,000.00, by imprisonment for not more than five years, or both. (g) Agencies of this state and political subdivisions thereof may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) It shall be unlawful for any agency of this state or a political subdivision thereof to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state agency or department which administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this Code section. (i) Any and all errors and significant delays by SAVE shall be reported to the Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia. (j) Notwithstanding subsection (f) of this Code section any applicant for federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section.

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SECTION 9. (a) Except as otherwise provided in this section, this Act shall become effective on July 1, 2006. (b) Sections 3 and 4 of this Act shall become effective on July 1, 2006, and shall not apply to any offense committed prior to July 1, 2006.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Senators Jones of the 10th and Tarver of the 22nd offered the following amendment #1:
Amend the Senate Public Safety and Homeland Security Committee substitute to SB 529 by inserting after "sexual servitude;" on line 11 on page 1 the following:
to provide that certain property used in conjunction with producing a false identification document shall be contraband; to provide for seizure and forfeiture;
By inserting a new Section 3.1 to read as follows:
SECTION 3.1. Said title is further amended in Code Section 16-9-4, relating to the definition of identification document, prohibition against knowingly manufacturing, selling, or distributing false identification documents, by inserting at the end thereof the following:
(j)(1) The following are declared to be contraband and no person shall have a property right in them:
(A) All property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of paragraph (2) or (6) of subsection (b) of this Code section or any proceeds derived or realized therefrom; (B) All property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of paragraph (2) or (6) of subsection (b) of this Code section or any proceeds derived or realized therefrom; and (C) Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of paragraph (2) or (6) of subsection (b) of this Code section or any proceeds derived or realized therefrom. (2) The seizure and forfeiture of contraband described in paragraph (1) of this subsection shall be governed by the provisions of Code Section 16-13-49.
On the adoption of the amendment, the yeas were 47, nays 2, and the Jones, Tarver amendment #1 was adopted.

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Senator Zamarripa of the 36th offered the following amendment #2:
Amend the Senate Public Safety and Homeland Security Committee substitute to SB 529 (LC 35 0187S) by inserting following "penalties;" on line 25 of page 1 the following: to provide for a Governors Board of Advisers;
By inserting between lines 2 and 3 of page 13 the following:
SECTION 8.1.
(a) There is created an Immigration Board of Advisers for the purpose of monitoring the implementation of the provisions of this Act, which board shall report to the Governor and the General Assembly the progress and impact of this Act during its implementation. The board of advisers shall meet for a total of six meetings on or before August, 2008. The board shall consist of 11 members: three members to be appointed by the Senate Committee on Assignments and three members to be appointed by the Speaker of the House of Representatives. The Governor shall appoint the remainder of the members who shall be representatives of the: Department of Agriculture, Department of Human Resources, Georgia Chamber of Commerce, Hispanic Chamber of Commerce, and Georgia Home Builders Association. The members shall elect a chairperson from the members and all meetings of the Immigration Board of Advisers shall be called by the chairperson. (b) The board shall undertake a study of the impact of this Act. The board shall meet a total six times 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 provision. The legislative members of the board shall receive the allowance provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Any member who is a public official or employee other than a member of the General Assembly shall not receive a daily expense allowance but may be reimbursed for actual expenses by his or her public employer. All funds necessary to carry out these provisions shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this section shall not be received by any member of the board for more than six days unless additional days are authorized by the Governor. In the event the board makes a final report of its findings, such report shall be made on or before September 1, 2008. The board shall stand abolished on September 1, 2008.
On the adoption of the amendment, Senator Zamarripa of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows:

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Y Adelman N Balfour Y Brown Y Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen N Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S N Tolleson E Unterman N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 33, and the Zamarripa amendment #2 was lost.

Senators Bulloch of the 11th and Tolleson of the 20th offered the following amendment #3:

Amend the Senate Public Safety and Homeland Security Committee substitute to SB 529 (LC 35 0187S) by striking line 18 of page 2 and inserting in lieu thereof the following:
(a) On or after July 1, 2008, every department, agency, or instrumentality of the state or

By striking line 21 of page 2 and inserting in lieu thereof the following: (b) On or after July 1, 2008, no department, agency, or instrumentality of the state or a

By striking line 25 of page 2 and inserting in lieu thereof the following: (c) On or after July 1, 2008, no contractor who enters a contract subject to this article shall

By striking line 20 of page 10 and inserting in lieu thereof the following: (b)(1) On or after January 1, 2009, no payment of compensation to an individual of

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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Y Adelman N Balfour Y Brown Y Bulloch N Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp N Heath N Henson

Y Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen N Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 30, and the Bulloch, Tolleson amendment #3 was lost.

Senator Rogers of the 21st offered the following amendment #4:

Amend the Senate Public Safety and Homeland Security Committee substitute to SB 529 (LC 35 0187S) by striking lines 16 through 19 of page 12 and inserting in lieu thereof the following:
(f) Any person who makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20.

On the adoption of the amendment, the yeas were 42, nays 2, and the Rogers amendment #4 was adopted.

Senators Reed of the 35th, Stoner of the 6th and Brown of the 26th offered the following amendment #5 to the Senate committee substitute to SB 529:

by inserting this amendment title into the title of the substitute and insert from line 11 through the end of the amendment on to page 2 line 2 of the substitute and renumber accordingly:
A BILL TO BE ENTITLED AN ACT

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To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide a short title; to provide legislative findings; to define certain terms; to provide that no person shall be employed in this state unless he or she provides proper identification; to provide that it shall be unlawful for an employer to employ any person unless he or she provides proper identification; to provide for records; to provide for penalties; to provide for an Unlawful Employment Practices Division of the Georgia Bureau of Investigation; to provide for operations and investigations; to provide for public records; to provide for protection for persons making certain disclosures; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by inserting at the end thereof a new chapter to read as follows:
CHAPTER 16 34-16-1. This chapter shall be known and may be cited as the 'Georgia Homeland Protection Act.'
34-16-2. The General Assembly finds that acts and omissions of state and federal governments operate as an open invitation to illegal aliens to come into our state, and it is not only illogical but also inhumane to treat our invited guest workers as less than human. Intentionally lax enforcement of immigration laws by the federal government, the large unfilled job market in Georgia, and the impunity with which Georgia employers are able to exploit the pool of undocumented workers act as enticements for illegal aliens in search of work to come to our state. Rather than punish the workers we as a society invite into our midst to fill our labor needs and lower our cost of goods and services, we should first withdraw that invitation, beginning with removing the job market which acts as the enticement for their presence here. It is the intention of the General Assembly in enacting this chapter to ensure that every worker in this state is a citizen of the United States or is in this country legally.
34-16-3. (a) As used in this chapter, the term:
(1) 'Agricultural employer' means a person engaged in the operation of an agricultural facility or an agricultural operation. (2) 'Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees,

WEDNESDAY, MARCH 8, 2006

1921

honeybee products, livestock products, poultry products, timber, forest products, or products which are used in commercial aquaculture. Such term shall also include any farm labor camp or facilities for migrant farm workers. (3) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, harvesting, or otherwise maintaining of crops as defined in Code Section 1-3-3 and also timber and trees that are grown for purposes other than for harvest and for sale; (C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, timber, livestock, animals, or poultry; (D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes; (E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities; (F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing of feed for poultry or livestock; (H) The rotation of crops, including without limitation timber production; (I) Commercial aquaculture; (J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and (K) The operation of any roadside market. (4) 'Employer' means any person, corporation, or other legal entity which fills 20 or more employment positions for at least 20 days in a calendar month. (5) 'Proper identification' means: (A) A Georgia drivers license properly issued by the appropriate state agency; (B) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (C) A valid United States passport; (D) A valid employee identification card containing a photograph of the cardholder and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (D) A valid United States military identification card, provided that such identification card contains a photograph of the cardholder; (E) A valid tribal identification card containing a photograph of the cardholder; (F) An official document issued by the United States government verifying the bearers lawful presence in this county and his or her legal authorization to be employed here provided that such identification card contains a photograph of the cardholder;

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(G) A valid social security card; (H) A valid birth certificate with a raised seal from the state of issuance; or (I) A valid voter registration card. (b) It shall be unlawful for an employee to provide false or fraudulent proper identification documents. A first offense shall be punishable as a misdemeanor. A second and each subsequent offense shall be punishable by imprisonment of not more than five years or a fine not to exceed $250,000.00 or both.
34-16-4. (a) No person may seek employment in this state unless he or she has in his or her possession and presents to the employer proper identification. (b) It shall be unlawful for an employer to employ any person in this state unless such person provides proper identification showing such person to be a citizen of this country or in this country legally. Each employer shall inspect and photocopy the proper identification provided by each employee. The employer shall maintain such photocopy of the employees proper identification on record, indicating which the days the person worked, along with the employment application and all documents related to the employment verification process for at least three years. (c) If any person contracts with another person or company which employs persons, such employer shall demand and maintain on record such information verified by such contractor. (d) The provisions of this Code section shall not apply to an agricultural employer until July 1, 2008.
34-16-5. (a) An employer who violates the provisions of this chapter shall be subject to a fine of $12,800.00 per violation for a first prosecution and $25,600.00 per violation for a second and each subsequent prosecution. For purposes of this Code section, the number of violations shall be calculated as the product of each person employed in violation of this chapter multiplied by the number of days each such person was so employed. (b) An employer may rely on a facially valid proper identification and shall not be held responsible for forged documents unless he or she knew or should have known, in the exercise of due care, that such documents were forged.
34-16-6. Not later than December 31, 2006, the board of public safety shall establish within the Georgia Bureau of Investigation an Unlawful Employment Practices Division. Such division shall have the duty of enforcing the provisions of this chapter and investigating employers in this state to ensure their hiring practices comply with state and federal law with regard to the employment of persons who are not United States citizens. The division shall provide a toll-free telephone number for the reporting of suspected violations of employment practices and shall advertise such number throughout the

WEDNESDAY, MARCH 8, 2006

1923

state. Each employer in this state shall post such number in a prominent place on the work site. Such telephone service shall be staffed by division employees located in this state and shall function during normal business hours. The division shall be staffed with sufficient agents to conduct independent investigations and to investigate reports of violations of hiring practices and shall make every effort to prosecute offending employers. The director of the Georgia Bureau of Investigation shall provide a detailed report to the General Assembly on December 31 of each year stating the number of complaints received during the previous 12 months and the bureaus actions taken on such complaints. The bureau shall maintain a written record of all complaints received and the disposition of such actions for at least ten years. Such records shall be subject to the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records.
34-16-7. (a)(1) No employer shall make, adopt, or enforce any policy or practice preventing an employee from disclosing a violation of or noncompliance with this chapter to a government agency. (2) No employer shall retaliate against an employee for disclosing a violation of or noncompliance with this chapter to a government agency, unless the disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity. (3) No employer shall retaliate against an employee for objecting to, or refusing to participate in, any activity, policy, or practice of the employer that the employee has reasonable cause to believe is in violation of or noncompliance with this chapter. (b)(1) An employee who has been the object of retaliation in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier. (2) In any action brought pursuant to this subsection, the court may order any or all of the following relief: (A) An injunction restraining continued violation of this Code section; (B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position; (C) Reinstatement of full fringe benefits and seniority rights; (D) Compensation for lost wages, benefits, and other remuneration; and (E) Any other compensatory damages allowable at law.
(c) A court may award reasonable attorneys fees, court costs, and expenses to a prevailing employee.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the amendment, Senator Brown of the 26th called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas N Fort N Goggans N Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson N Hooks N Hudgens N Johnson N Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner N Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S N Tolleson E Unterman N Weber N Whitehead N Wiles N Williams N Zamarripa

On the adoption of the amendment, the yeas were 13, nays 40, and the Reed et al. amendment #5 was lost.

On the adoption of the substitute, the yeas were 42, nays 1, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles

Y Smith E Starr Y Staton Y Stephens Y Stoner N Tarver N Tate Y Thomas,D N Thomas,R

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1925

Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath Y Henson

Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 40, nays 13.

SB 529, having received the requisite constitutional majority, was passed by substitute.

SB 505. By Senators Balfour of the 9th, Unterman of the 45th and Shafer of the 48th:

A BILL to be entitled an Act to amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, so as to exempt certain exclusive agents of licensed mortgage brokers or lenders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Banking and Financial Institutions Committee offered the following substitute to SB 505:
A BILL TO BE ENTITLED AN ACT

To amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, so as to exempt certain exclusive independent contractors of licensed mortgage brokers or lenders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, is amended by striking the word "or" at the end of paragraph (12); by striking the symbol "." and inserting in lieu thereof the symbol and word "; or" at the end of paragraph (13); and by adding a new paragraph (14) to read as follows:

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(14)(A) A natural person otherwise required to be licensed, who is under an exclusive written independent contractor agreement with any person that is a wholly owned subsidiary of a financial holding company or bank holding company, savings bank holding company, or thrift holding company, which subsidiary also meets the following requirements, subject to the review and approval of the department:
(i) The subsidiary has provided an undertaking of accountability supported by a surety bond equal to the lesser of $1 million or $50,000.00 per exempt person, to cover all of its persons exempted by this paragraph, that includes full and direct financial responsibility for the mortgage broker activities of each such exempted person, and also provides for the education of the exempt persons, the handling of consumer complaints related to the exempt persons, and the supervision of the mortgage broker activities of the exempt persons; (ii) The subsidiary has applied for and been granted a mortgage broker or mortgage lender license, consistent with the provisions of this article and renewable annually; and (iii) The subsidiary has paid applicable fees for this license, which license fees shall be the lesser of one-half of the sum of the cost of the individual licenses or $100,000.00. (B) To maintain the exemption, a natural person must: (i) Solicit, process, place, or negotiate a mortgage loan to be made only by the licensed subsidiary or its affiliate; and (ii) Be at all times in compliance with the provisions and prohibitions of Code Section 7-1-1013 and the provisions and prohibitions applicable to employees under Code Section 7-1-1004. (C) For purposes of this paragraph, 'financial holding company' shall mean a financial holding company as defined in the Bank Holding Company Act of 1956, as amended. (D) The commissioner shall provide by rule or regulation for the implementation of this paragraph.
SECTION 2. This Act shall become effective on July 1, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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1927

Y Adelman Y Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans
Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D
Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 45, nays 3.

SB 505, having received the requisite constitutional majority, was passed by substitute.

SR 682. By Senators Staton of the 18th, Carter of the 13th, Chapman of the 3rd, Chance of the 16th, Grant of the 25th and others:

A RESOLUTION proposing an amendment to the Constitution so as to remove the limitation on the types of property in community improvement districts which may be the subject of taxes, fees, and assessments; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Senator Staton of the 18th asked unanimous consent that SR 682 be placed on the Table. The consent was granted, and SR 682 was placed on the Table.

SB 414. By Senators Staton of the 18th, Chapman of the 3rd, Whitehead, Sr. of the 24th, Carter of the 13th, Grant of the 25th and others:

A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to enact the "Rural Georgia Economic Development Act of 2006"; to provide a short title; to authorize the creation of community improvement districts by certain counties in this state; to provide for the

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governance and operation of such districts; to provide for certain standards for the creation of a district; to create a board of supervisors for the district and provide for the selection, powers, duties, responsibilities, terms, and filling of vacancies of members of the board; to provide for a district manager and other employees and their compensation; to provide for applicability of laws concerning open meetings and open records; to provide for related matters; to provide an effective date; to provide for a contingency; to repeal conflicting laws; and for other purposes.
Senator Staton of the 18th asked unanimous consent that SB 414 be placed on the Table. The consent was granted, and SB 414 was placed on the Table.

SB 523. By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman

WEDNESDAY, MARCH 8, 2006

Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

SB 523, having received the requisite constitutional majority, was passed.

1929

SB 539. By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Operation Enduring Freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.

The 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

N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D N Thomas,R
Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath
Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 2.

SB 539, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Jack Hill District 4 234 State Capitol Atlanta, GA 30334

Committees: Appropriations Education and Youth Ethics Natural Resources and the Environment Regulated Industries and Utilities Rules

Mr. Secretary,

The State Senate Atlanta, Georgia 30334

Will you please show my vote on SB 539 as "Aye." My machine malfunctioned.

Thank you,

/s/ Jack Hill

SB 538. By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Veterans and Military Affairs Committee offered the following substitute to SB 538:
A BILL TO BE ENTITLED AN ACT

WEDNESDAY, MARCH 8, 2006

1931

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide that spouses of members of active reserve components of the United States military shall be entitled to keep the free license plate when the member is killed in a combat arena; to provide that spouses of National Guard members shall be entitled to keep the free license plate when the member is killed in a combat arena; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.18 to read as follows:
40-2-86.18. (a) There shall be issued special and distinctive vehicle license plates supporting the Global War on Terrorism and Iraqi freedom, subject to the conditions set forth in this Code section. (b) The commissioner shall, in cooperation with the supporters of this license plate, design special distinctive license plates supporting the Global War on Terrorism and Iraqi freedom. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance. In that space will be the inscription 'Global War on Terrorism.' Any person may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Beginning January 1, 2007, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate supporting the Global War on Terrorism and Iraqi freedom, and decals shall be issued for such license plates in the same manner as provided for general issue license plates. (d) An applicant may request a license plate supporting the Global War on Terrorism and Iraqi freedom at any time during the applicants registration period. If such a license plate is to replace a current valid license plate, such license plate shall be issued

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with appropriate decals attached. (e) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after the effective date of this Code section for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (f) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period as provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (g) License plates supporting the Global War on Terrorism and Iraqi freedom shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (h) License plates supporting the Global War on Terrorism and Iraqi freedom shall be issued within 30 days of application once the requirements of this Code section have been met.
SECTION 2. Said article is further amended by adding a new subsection (d) to Code Section 40-2-65, relating to distinctive license plates for members of the active reserve of the United States military, to read as follows:
(d) The spouse of a member of the active reserve of the United States military who is
killed while serving in a combat arena shall continue to be eligible to be issued a distinctive license plate as provided in this Code section so long as such spouse does not remarry.
SECTION 3. Said article is further amended by adding a new subsection (e) to Code Section 40-2-66, relating to distinctive license plates for members of the National Guard, to read as follows:
(e) The spouse of a member of the National Guard who is killed while serving in a
combat arena shall continue to be eligible to be issued a distinctive license plate as provided in this Code section so long as such spouse does not remarry.

WEDNESDAY, MARCH 8, 2006

1933

SECTION 4. This Act shall become effective on July 1, 2006.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
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 E Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D N Thomas,R
Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 1.

SB 538, having received the requisite constitutional majority, was passed by substitute.

SB 562. By Senators Weber of the 40th and Williams of the 19th:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the

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state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
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 Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 3.

SB 562, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent to drop SB 422 to the foot of today's Senate Rules Calendar.

The consent was granted, and SB 422 was placed at the foot of the Rules Calendar.

Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

WEDNESDAY, MARCH 8, 2006

1935

SB 506. By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and HOPE grants, so as to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants for eligible public postsecondary institutions created after January 1, 2004; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

SB 506, having received the requisite constitutional majority, was passed.

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.

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SB 561. By Senators Harp of the 29th, Staton of the 18th, Adelman of the 42nd, Henson of the 41st and Wiles of the 37th:

A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to correct a scriveners error; to provide for students in professional level programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

SB 561, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Thursday, March 9, 2006.

The motion prevailed, and the President announced the Senate adjourned at 3:35 p.m.

THURSDAY, MARCH 9, 2006

1937

Senate Chamber, Atlanta, Georgia Thursday, March 9, 2006
Twenty-ninth Legislative Day
The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:

HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007.

HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

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HB 1385. By Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to amend Chapter 2 of Title 25 of the O.C.G.A., relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such services; to provide for other related matters; to repeal conflicting laws; and for other purposes.
HB 1399. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that a magistrates salary may be waived under certain circumstances; to provide that monthly contingent expenses maybe waived under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1405. By Representatives Coan of the 101st, Burkhalter of the 50th, Heard of the 104th, Keen of the 179th, England of the 108th 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 require that a claim be proven or documented within 36 months after a notice of claim is filed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1444. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Forster of the 3rd and Lunsford of the 110th:
A BILL to be entitled an Act to amend an Act approved May 2, 2005 (Ga. L. 2005, p. 563), so as to revise the applicability of certain sections of such

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1939

Act to apply to insolvencies occurring on and after the effective date of the Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1494. By Representatives Smith of the 113th and Holt of the 112th:
A BILL to be entitled an Act to create a board of elections and registration for Morgan 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 and terms of members; to provide for employees of the board; 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 compensation of personnel; to provide for offices and equipment; to provide for construction; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1499. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, so as to provide that on and after January 1, 2007, the district attorney of the judicial circuit within which Sumter County is located shall represent the state in all criminal prosecutions brought in the State Court of Sumter County and shall perform the duties of the office of solicitorgeneral of the state court; to provide for the powers, duties, and responsibilities of said district attorney in such state court; to authorize the establishment of a state court division by said district attorney; to provide for the assignment, appointment, and compensation of personnel by said district attorney; to provide for annual budgets; to provide for definitions and references; to provide for submission to the Justice Department for preclearance; to repeal conflicting laws; and for other purposes.
HB 1503. By Representatives Bridges of the 10th, Reece of the 27th and Jenkins of the 8th:
A BILL to be entitled an Act to authorize the Magistrate Court of White County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to

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provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1504. By Representatives Bridges of the 10th, Reece of the 27th and Jenkins of the 8th:
A BILL to be entitled an Act to authorize the Probate Court of White County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1514. By Representatives Mitchell of the 88th, Watson of the 91st, Stephenson of the 92nd, Mangham of the 94th, Sailor of the 93rd and others:
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of DeKalb County; to provide that the chief deputy shall discharge the duties of sheriff until such office is filled; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1515. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said board; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolutions of the House:

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1941

HR 1169. By Representatives Bearden of the 68th, Brooks of the 63rd, Hembree of the 67th and Bruce of the 64th:
A RESOLUTION dedicating the "Colonel R. H. Burson Bridge"; and for other purposes.
HR 1564. By Representatives Dollar of the 45th and Rice of the 51st:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
The House has adopted the report of the Committee of Conference on the following Bill of the House:
HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319).
The following Senate legislation was introduced, read the first time and referred to committee:
SB 660. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide for the compensation of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 661. By Senators Powell of the 23rd and Tarver of the 22nd:
A BILL to be entitled an Act 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 provide that estate recovery under Medicaid shall not apply to estates

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valued at $100,000.00 or less; to provide for hardship waivers to estate recovery for certain circumstances; to specify when claim may be made against the estate of a Medicaid recipient; to specify when a claim may not be made against the estate of a Medicaid recipient; to provide for submission of an amendment to the state plan; to provide for automatic repeal under certain conditions; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 662. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to require the establishment by the Department of Revenue of an Internet website for stolen and towed motor vehicles; to require that each tow truck or wrecker operator shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed by such operator on such website within certain periods of time; to provide for penalties for failing to post such information; to provide for certain required features of such website; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 663. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Balfour of the 9th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend an Act creating the Gwinnett County Arts Facility Authority, approved April 14, 1991 (Ga. L. 1991, p. 3542), so as to change the number of times each year the authority shall meet; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 1113. By Senators Harp of the 29th and Wiles of the 37th:
A RESOLUTION to create the Senate Study Committee on Student Loans; and for other purposes.
Referred to the Rules Committee.

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1943

SR 1116. By Senator Harp of the 29th:
A RESOLUTION to create the Senate Study Committee on Guaranteed Admission to the University System of Georgia; and for other purposes.
Referred to the Rules Committee.
SR 1118. By Senator Rogers of the 21st:
A RESOLUTION urging all Georgia school boards to consider using the video A More Perfect Union; and for other purposes.
Referred to the Education and Youth Committee.
SR 1125. By Senators Staton of the 18th, Harp of the 29th, Rogers of the 21st and Shafer of the 48th:
A RESOLUTION creating the Senate Study Committee on Uninsured Motorist Coverages; and for other purposes.
Referred to the Rules Committee.
SR 1127. By Senator Douglas of the 17th:
A RESOLUTION urging the United States Department of Defense to take action to cause the commissary and post exchange located on Fort Gillem to remain open; and for other purposes.
Referred to the Veterans and Military Affairs Committee.
SR 1129. By Senators Hill of the 32nd, Pearson of the 51st, Smith of the 52nd, Wiles of the 37th, Chance of the 16th and others:
A RESOLUTION urging the Minerals Management Service of the United States Department of the Interior to include all outer continental shelf planning areas in its proposed five-year plan for 2007 through 2012 and to approve the broadest possible five-year plan for offshore development; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
The following House legislation was read the first time and referred to committee:

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HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007.
Referred to the Appropriations Committee.
HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 1385. By Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to amend Chapter 2 of Title 25 of the O.C.G.A., relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such services; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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1945

HB 1399. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that a magistrates salary may be waived under certain circumstances; to provide that monthly contingent expenses maybe waived under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1405. By Representatives Coan of the 101st, Burkhalter of the 50th, Heard of the 104th, Keen of the 179th, England of the 108th 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 require that a claim be proven or documented within 36 months after a notice of claim is filed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 1444. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Forster of the 3rd and Lunsford of the 110th:
A BILL to be entitled an Act to amend an Act approved May 2, 2005 (Ga. L. 2005, p. 563), so as to revise the applicability of certain sections of such Act to apply to insolvencies occurring on and after the effective date of the Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 1494. By Representatives Smith of the 113th and Holt of the 112th:
A BILL to be entitled an Act to create a board of elections and registration for Morgan 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 and terms of members; to provide for employees of the board; 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 compensation of personnel; to provide for offices and equipment; to

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provide for construction; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1499. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, so as to provide that on and after January 1, 2007, the district attorney of the judicial circuit within which Sumter County is located shall represent the state in all criminal prosecutions brought in the State Court of Sumter County and shall perform the duties of the office of solicitor-general of the state court; to provide for the powers, duties, and responsibilities of said district attorney in such state court; to authorize the establishment of a state court division by said district attorney; to provide for the assignment, appointment, and compensation of personnel by said district attorney; to provide for annual budgets; to provide for definitions and references; to provide for submission to the Justice Department for preclearance; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1503. By Representatives Bridges of the 10th, Reece of the 27th and Jenkins of the 8th:
A BILL to be entitled an Act to authorize the Magistrate Court of White County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1504. By Representatives Bridges of the 10th, Reece of the 27th and Jenkins of the 8th:
A BILL to be entitled an Act to authorize the Probate Court of White County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for

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1947

review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1514. By Representatives Mitchell of the 88th, Watson of the 91st, Stephenson of the 92nd, Mangham of the 94th, Sailor of the 93rd and others:
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of DeKalb County; to provide that the chief deputy shall discharge the duties of sheriff until such office is filled; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1515. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said board; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HR 1169. By Representatives Bearden of the 68th, Brooks of the 63rd, Hembree of the 67th and Bruce of the 64th:
A RESOLUTION dedicating the "Colonel R. H. Burson Bridge"; and for other purposes.
Referred to the Transportation Committee.

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HR 1564. By Representatives Dollar of the 45th and Rice of the 51st:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

The following committee reports were read by the Secretary:

Mr. President:
The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SR 844 Do Pass
Respectfully submitted, Senator Balfour of the 9th District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1078 HB 1079 HB 1102 HB 1350 HB 1363

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1470 HB 1479 HB 1480 SB 334

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

THURSDAY, MARCH 9, 2006

1949

The following legislation was read the second time:

HB 1014 HB 1040 HB 1055 HR 1081 SB 101 SB 191 SB 223 SB 294 SB 347 SB 402 SB 407

SB 431 SB 438 SB 461 SB 483 SB 491 SB 511 SB 541 SB 554 SB 565 SB 572 SB 574

SB 575 SB 578 SB 582 SB 583 SB 585 SB 588 SB 594 SB 596 SB 597 SB 599 SB 602

SB 604 SB 610 SB 612 SB 613 SB 618 SB 619 SB 620 SB 622 SB 624 SB 631 SB 636

SB 637 SB 638 SB 642 SB 648 SB 649 SR 126 SR 374 SR 804 SR 817 SR 873

SR 1027 SR 1028 SR 1030 SR 1034 SR 1081 SR 1085 SR 1090 SR 1093 SR 1094 SR 1104

Senator Stephens of the 27th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill 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.
Senator Tolleson of the 20th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.
Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.
Senator Pearson of the 51st asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.
Senator Adelman of the 42nd asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.
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 Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

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The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Bulloch Butler Cagle Chance Chapman Douglas Fort Goggans Golden Hamrick Harbison Harp Heath

Henson Hill,Judson Hooks Hudgens Jones Me V Bremen Miles Moody Pearson Powell Rogers Schaefer Seabaugh Seay Shafer,D Starr

Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Whitehead Wiles Williams

Not answering were Senators:

Carter Johnson (Excused) Reed (Excused)

Grant (Excused) Kemp (Excused) Smith (Excused)

Hill, Jack (Excused) Mullis (Excused) Zamarripa (Excused)

The members pledged allegiance to the flag.

Senator Adelman of the 42nd introduced the chaplain of the day, Rabbi Michael Broyde of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Miles of the 43rd introduced Juanita Jones Abernathy, commended by SR 1112, adopted previously. Mrs. Abernathy addressed the Senate briefly.

Senators Meyer von Bremen of the 12th and Hooks of the 14th introduced Miss Alexa Turpin, commended by SR 1060, adopted previously.
Senator Staton of the 18th introduced Dr. R. Kirby Godsey, commended by SR 666, adopted previously. Dr. Godsey addressed the Senate briefly.

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1951

The following resolutions were read and adopted:
SR 1117. By Senators Zamarripa of the 36th, Mullis of the 53rd and Hill of the 32nd:
A RESOLUTION commending Mr. Chuanshui Zhong and Mr. Zhongnan Wang, First Secretaries of the Economic & Commercial Office at the Embassy of China, Washington, D.C.; and for other purposes.

Senator Zamarripa of the 36th recognized a delegation from China, commended by SR 1117.

SR 1119. By Senators Staton of the 18th and Brown of the 26th:
A RESOLUTION recognizing and commending the Museum of Arts and Sciences in Macon on its 50th Anniversary; and for other purposes.
SR 1120. By Senator Heath of the 31st:
A RESOLUTION commending and recognizing Dianne Guy; and for other purposes.
SR 1121. By Senator Bulloch of the 11th:
A RESOLUTION commending Deputy Sheriff Steven Jones; and for other purposes.
SR 1122. By Senators Stephens of the 27th and Rogers of the 21st:
A RESOLUTION honoring and commending Ryan Ernstes; and for other purposes.
SR 1123. By Senators Cagle of the 49th and Kemp of the 46th:
A RESOLUTION commemorating the 90th anniversary of the founding of the Town of Braselton; and for other purposes.
SR 1124. By Senator Moody of the 56th:
A RESOLUTION remembering and honoring the life of Mrs. Mary Ann Penninger; and for other purposes.

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SR 1126. By Senators Thompson of the 5th, Thompson of the 33rd, Henson of the 41st, Butler of the 55th, Brown of the 26th and others:
A RESOLUTION remembering and honoring the life of Mr. Adam Michael Stevens; and for other purposes.
SR 1128. By Senator Hooks of the 14th:
A RESOLUTION commending the Peach County High School Trojans football team for winning the Class AAA state football championship; and for other purposes.

Senators Jones of the 10th and Miles of the 43rd introduced Mr. Ernest Raymond Prather, commended by SR 1103, adopted previously.

Senator Brown of the 26th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused.

Senator Stephens of the 27th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr 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 9, 2006 Twenty-ninth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 334

Jones of the 10th Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Adelman of the 42nd CITY OF ATLANTA

A BILL to be entitled an Act to amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998

SB 615 HB 1078
HB 1079

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1953

(Ga. L. 1998, p. 4493), so as to change criteria for the designation of urban enterprise zones; to repeal conflicting laws; and for other purposes.

Goggans of the 7th ATKINSON/BERRIEN/CLINCH/COOK/LANIER COUNTIES
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Atkinson, Berrien, Clinch, Cook, and Lanier counties in the Alapaha Judicial Circuit; to repeal conflicting laws; and for other purposes.

Meyer von Bremen of the 12th RANDOLPH COUNTY WATER AND SEWER AUTHORITY
A BILL to be entitled an Act to create the Randolph County Water and Sewer Authority and provide for its activation; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, methods of filling vacancies, compensation, and expenses; to provide for organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit and budgets; to authorize the authority to contract with others regarding its functions, to contract with others pertaining to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to repeal conflicting laws; and for other purposes.

Meyer von Bremen of the 12th RANDOLPH COUNTY
A BILL to be entitled an Act to provide a board of elections for Randolph County; to define its powers and duties concerning primaries and elections; to define certain terms; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a

1954 HB 1102 HB 1350 HB 1363

JOURNAL OF THE SENATE
chairperson, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to provide for facilities; to relieve the judge of the probate court from certain responsibilities; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Meyer von Bremen of the 12th CITY OF COLEMAN
A BILL to be entitled an Act to repeal an Act providing a new charter for the City of Coleman, approved April 19, 2000 (Ga. L. 2000, p. 3658), and abolish said city; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Kemp of the 46th OCONEE COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3105), so as to provide for terms for the members of the board of commissioners of Oconee County; to provide for elections; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Hill of the 4th TOWN OF PULASKI
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to provide authority for the mayor and councilmembers to perform and be compensated for duties related to the operation of the water system and other administrative functions; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1470 HB 1479

THURSDAY, MARCH 9, 2006

1955

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 CITY OF MILTON IN FULTON COUNTY
A BILL to be entitled an Act to incorporate the City of Milton in Fulton County, Georgia; to provide a charter for the City of Milton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for severability; to repeal conflicting laws; and for other purposes.

Hill of the 4th CITY OF RINCON
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Rincon, approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, so as to provide for conflicts of interest; to provide for a quorum; to provide for powers and duties of the mayor; to provide for jurisdiction of the municipal court; to provide for appeals; to repeal provisions relating to the removal of officers; to provide for city boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.

1956 HB 1480

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Kemp of the 46th OCONEE COUNTY
A BILL to be entitled an Act to provide for terms for the members of the Board of Education of Oconee County; to provide for a referendum; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas E 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
Miles Y Moody Y Mullis
Pearson Y Powell Y Reed Y Rogers
Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 49, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

The following communications were received by the Secretary:

THURSDAY, MARCH 9, 2006

1957

Senator Chip Pearson District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Transportation Agriculture and Consumer Affairs Appropriations Regulated Industries and Utilities

3/9/06

The State Senate Atlanta, Georgia 30334

I meant to vote Yes for the Local Consent Calendar today and missed the clock by 2 seconds.

/s/ Chip Pearson District 51
Senator Nancy Schaefer District 50 323-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Retirement Banking and Financial Institutions Economic Development Ethics Special Judiciary

March 9, 2006

The State Senate Atlanta, Georgia 30334

I was not inside the chamber and did not vote on the Local Consent legislation. I would vote for it.

Thank you,

/s/ Nancy Schaefer 50th District

SENATE RULES CALENDAR THURSDAY, MARCH 9, 2006 TWENTY-NINTH LEGISLATIVE DAY

SR 793

Ga. Public Defender Standards Council; ratifying the initial minimum standard; Standard for Removal for Cause (Substitute)(JUDY-30th)

SR 954

Performance Standards; ratifying the initial minimum standard; fiscal impact (JUDY-30th)

1958 SR 955 SR 41 SR 818 SR 34 SR 838 SB 503 SB 495 SB 573 SB 570
SB 177 SB 420
SB 592 SB 480
SB 606

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Performance Standards in Juvenile Court; ratifying the initial minimum standard; fiscal impact (JUDY-30th)
Senate Music Industry Committee; create (Amendment)(ECD-26th)
Senate Septage Disposal Study Committee; creating (NR&E-11th)
CA: Sales Tax; educational purposes; change certain imposition requirements (Substitute)(RULES-49th)
Hazardous Waste Site/ Waste-Related Activities; to urge and support full funding; state/local efforts to clean (NR&E-51st)
Ga. Public Defender Standards Council; legal services to indigent persons; change provisions (Substitute)(JUDY-30th)
Fire Hazards; increase in fees/charges; provide fee for blaster certification cards; require license prior to blast hole drilling (PS&HS-53rd)
Land Transactions; development of condominium property; escrow funds (S JUDY-13th)
Motor Vehicles; windshields; reduce light transmission/increase light reflectance; authorize certified optometrist to provide attestation (PS&HS-13th)
Teachers Retirement System; change benefit formula; provide conditions (Substitute)(RET-38th)
Care of a Grandchild Act; power of attorney from parent to grandparent; create pilot program to provide subsidy to certain grandparents (Substitute)(JUDY-45th)
Disposition of Surplus Property; sale of certain property by fixed price; change provisions (SI&P-25th)
Georgia Qualified Medication Aides Act; provide for delegation of certain nursing tasks; Georgia Board of Examiners of Licensed Practical Nurses (Substitute)(H&HS-45th)
Funerals; prohibit disruptive conduct; elements of such offense; provide criminal penalty (PS&HS-17th)

THURSDAY, MARCH 9, 2006

1959

Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee
Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
Senator Douglas of the 17th asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.
The following legislation was read the third time and put upon its passage:
SR 793. By Senators Hamrick of the 30th and Smith of the 52nd:
A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G.A. 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SR 793:
A RESOLUTION
Ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G.A. 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes.
WHEREAS, Code Section 17-12-8 of the O.C.G.A. provides that the initial minimum standards promulgated by the Standards Council which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council, hereinafter referred to as the "Legislative Oversight Committee," to have a fiscal impact shall be submitted by the Standards Council to the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval; and
WHEREAS, the Standards Council adopted the Standard for Removal for Cause on May 27, 2005; and

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WHEREAS, the Legislative Oversight Committee at its meeting on October 13, 2005, reviewed and determined that the Standard for Removal for Cause has a fiscal impact; and

WHEREAS, a copy of the original document containing the Standard for Removal for Cause is attached to and made a part of this resolution; and

WHEREAS, the original document containing the Standard for Removal for Cause is signed by the chairperson of the Standards Council and is on file in the official records maintained by the Standards Council; and

WHEREAS, the request for legislative ratification of the Standard for Removal for Cause has been submitted to the General Assembly in accordance with subsection (c) of Code Section 17-12-8 of the O.C.G.A. and it is the desire of the General Assembly to ratify and approve such standard.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly hereby ratifies and approves the Standard for Removal for Cause adopted by the Standards Council and approved by the Legislative Oversight Committee on October 13, 2005. A copy of the Standard for Removal for Cause has been presented to the Legislative Oversight Committee and is attached to this resolution, and the original document is on file in the official records maintained by the Standards Council.

BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without the Governors approval.

On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter
Chance

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D

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1961

E Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Miles Y Moody Y Mullis Y Pearson
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 E Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the adoption of the resolution, the yeas were 46, nays 0.

SR 793, having received the requisite constitutional majority, was adopted by substitute.

Senator Wiles of the 37th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.

SR 954. By Senators Hamrick of the 30th and Smith of the 52nd:

A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Criminal Defense Representation in Indigent Criminal Cases," hereinafter referred to as the "Performance Standard"; to provide for an effective date; 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

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

E Smith Y Starr Y Staton Y Stephens

1962

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Y Butler Y Cagle Y Carter Y Chance E Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody E Mullis Y Pearson Y Powell Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

SR 954, having received the requisite constitutional majority, was adopted.

Senator Hudgens of the 47th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

Senator Hudgens of the 47th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

SR 955. By Senators Hamrick of the 30th and Smith of the 52nd:

A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases," hereinafter referred to as the "Performance Standard in Juvenile Court"; to provide for an effective date; 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:

THURSDAY, MARCH 9, 2006

1963

Y Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance E Chapman Y Douglas E 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 E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody E Mullis Y Pearson Y Powell Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles E Williams
Zamarripa

On the adoption of the resolution, the yeas were 44, nays 0.

SR 955, having received the requisite constitutional majority, was adopted.

SR 41. By Senators Brown of the 26th and Johnson of the 1st:

A RESOLUTION creating the Senate Music Industry Committee, an interim study committee, and a citizens advisory council thereto; and for other purposes.

The Senate Economic Development Committee offered the following amendment:

Amend SR 41 by striking "2005" from line 31 of page 2 and inserting in place thereof "2006".

On the adoption of the amendment, the yeas were 31, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Y Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody E Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles E Williams
Zamarripa

On the adoption of the resolution, the yeas were 47, nays 0.

SR 41, having received the requisite constitutional majority, was adopted as amended.

Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

SR 818. By Senators Bulloch of the 11th, Tolleson of the 20th, Hooks of the 14th, Weber of the 40th, Whitehead, Sr. of the 24th and others:

A RESOLUTION creating the Senate Septage Disposal Study Committee; and for other purposes.

Senators Bulloch of the 11th and Kemp of the 46th offered the following amendment:

Amend SR 818 by striking "ten" on line 2 of page 2 and inserting in lieu thereof "11".

By striking lines 11 and 12 of page 2 and inserting in lieu thereof the following: Division of the Department of Human Resources, one representative from the Sierra Club, and one representative from the Home Builders Association, all of whom shall be appointed by the presidents, directors, or commissioners of their

By striking "ten" on line 31 of page 2 and inserting in lieu thereof "five".

THURSDAY, MARCH 9, 2006

1965

On the adoption of the amendment, the yeas were 31, nays 0, and the Bulloch, Kemp amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody E 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 Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles E Williams Y Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

SR 818, having received the requisite constitutional majority, was adopted as amended.

SR 34. By Senators Cagle of the 49th, Balfour of the 9th, Moody of the 56th, Carter of the 13th, Pearson of the 51st and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV and inserting in its place a new Paragraph IV to read as follows:
Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (2) The board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. Such concurrent resolution shall only be required with respect to an independent school district, located wholly or partially in the county, when at least 25 percent of the total student enrollment of such independent school district is within such county. If less than 25 percent of the total student enrollment of such independent school is in a county, no concurrent resolution shall be required of that independent school district and the board of education of that county may levy the tax under the requirements of subparagraph (a)(1) of this Paragraph; provided, however, that such independent school district shall receive a share of the proceeds pursuant to subparagraph (i) of this Paragraph. (3) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended general law. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. The purpose or purposes for which the proceeds of the tax are to be used and may be expended shall depend upon which option of such tax is selected by the board or boards of education. Such option shall be specified in the resolution or concurrent resolution calling for the imposition of the tax. (b) The option 1 purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to

THURSDAY, MARCH 9, 2006

1967

capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The option 2 purpose or purposes for which the proceeds of the tax are to be used and may be expended include the use of an amount equal to 25 percent of the amount of proceeds collected in each year in which the tax is levied for the reduction of the millage rate against tangible property within the school district for educational maintenance and operation purposes in an equivalent amount and the remaining 75 percent of such proceeds for: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (c)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (c)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (c)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (d) The option 3 purpose for which the proceeds of the tax are to be used and may be expended shall be solely for the purpose of reducing the millage rate against tangible property within the school district for educational maintenance and operation purposes. (c)(e) The resolution calling for the imposition of the tax and the ballot question shall each describe the option purposes, and if applicable: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the

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maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d)(f) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e)(g) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f)(h) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g)(i) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. (j) For purposes of this subparagraph Paragraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax. (h)(k) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education under option 1 or option 2 shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. For purposes of this subparagraph, excess proceeds shall also be deemed to include any interest earned with respect to the proceeds of the tax. (i)(l) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied and the manner and method of providing for the millage rollback under option 2 or option 3. (j)(m)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(m)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in

THURSDAY, MARCH 9, 2006

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subparagraph (j)(m)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to provide that the sales and use tax for educational purposes may also be imposed in whole
( ) NO or in part for maintenance and operation of public schools with an equivalent millage rate reduction and to change the imposition requirements?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Finance Committee offered the following substitute to SR 34:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VIII, Section VI of the Constitution is amended by striking Paragraph IV and inserting in its place a new Paragraph IV to read as follows:
Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational

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purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (2) The board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. Such concurrent resolution shall only be required with respect to an independent school district, located wholly or partially in the county, when at least 10 percent of the total student enrollment of such independent school district is within such county. If less than 10 percent of the total student enrollment of such independent school is in a county, no concurrent resolution shall be required of that independent school district and the board of education of that county may levy the tax under the requirements of subparagraph (a)(1) of this Paragraph; provided, however, that such independent school district shall receive a share of the proceeds pursuant to subparagraph (i) of this Paragraph. (3) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended general law. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. The purpose or purposes for which the proceeds of the tax are to be used and may be expended shall depend upon which option of such tax is selected by the board or boards of education. Such option shall be specified in the resolution or concurrent resolution calling for the imposition of the tax. (b) The option 1 purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be

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1971

maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The option 2 purpose or purposes for which the proceeds of the tax are to be used and may be expended include the use of an amount equal to 25 percent of the amount of proceeds collected in each year in which the tax is levied for the reduction of the millage rate against tangible property within the school district for educational maintenance and operation purposes in an equivalent amount and the remaining 75 percent of such proceeds for: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (c)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (c)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (c)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (d) The option 3 purpose for which the proceeds of the tax are to be used and may be expended shall be solely for the purpose of reducing the millage rate against tangible property within the school district for educational maintenance and operation purposes. (c)(e) The resolution calling for the imposition of the tax and the ballot question shall each describe the option purposes, and if applicable: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d)(f) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e)(g) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f)(h) The tax imposed pursuant to this Paragraph shall not be subject to any sales and

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use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g)(i) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. (j) For purposes of this subparagraph Paragraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax. (h)(k) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education under option 1 or option 2 shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. For purposes of this subparagraph, excess proceeds shall also be deemed to include any interest earned with respect to the proceeds of the tax. (i)(l) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied and the manner and method of providing for the millage rollback under option 2 or option 3.
(j)(m)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(m)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(m)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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1973

"( ) YES Shall the Constitution of Georgia be amended so as to provide that the sales and use tax for educational purposes may also be imposed in whole
( ) NO or in part for maintenance and operation of public schools with an equivalent millage rate reduction and to change the imposition requirements?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 36, nays 9, and the committee substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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 Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 33, nays 21.

SR 34, having failed to receive the requisite two-thirds constitutional majority, was lost.

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JOURNAL OF THE SENATE

Senator Kemp of the 46th recognized Firefighters of Georgia, commended by SR 673, adopted previously.

The following resolution was read and adopted:

SR 1130. By Senators Butler of the 55th, Tate of the 38th, Miles of the 43rd and Seay of the 34th:

A RESOLUTION commending the Metropolitan Atlanta Chapter of the National Coalition of 100 Black Women, Inc.; and for other purposes.

Senator Butler of the 55th recognized representatives of the Metropolitan Atlanta Chapter of the National Coalition of 100 Black Women Inc., commended by SR 1130.

Senators Jones of the 10th and Reed of the 35th recognized Kappa Alpha Psi fraternity. James Freeman addressed the Senate briefly.

The Calendar was resumed.

SR 838. By Senator Schaefer of the 50th:

A RESOLUTION to urge and support the full funding of state and local efforts to clean up hazardous waste sites and properly address waste-related activities, and control erosion and sedimentation; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman

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1975

Y Grant Hamrick
Y Harbison Y Harp Y Heath Y Henson

Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 51, nays 0.

SR 838, having received the requisite constitutional majority, was adopted.

Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Powell of the 23rd asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson 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.

SB 503. By Senators Hamrick of the 30th and Hill of the 4th:

A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 503:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 21A of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating respectively to judicial accounting and criminal procedure, so as to change certain provisions relating to the Georgia Public Defender Standards Council and

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the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to provide that such fee may be paid as a condition of probation; to provide for staggered terms for the councilmembers of the Georgia Public Defender Standards Council; to change certain provisions relating to the budget of the council; to change certain provisions relating to contracting with the Department of Administrative Services for personnel paid by local governments; to provide eligibility standards to determine who may receive representation under Chapter 12 of Title 17; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, is amended by striking subsections (b) and (e) of Code Section 15-21A-6, relating to additional filling fees and application fee for free legal services, and inserting in lieu thereof the following:
(b) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation. (e) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless waived by the court for inability to pay or hardship. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation. Any such fee shall be retained by the entity providing the services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury.
SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Chapter 10, relating to sentence and punishment, by adding a new Code section to read as follows:
17-10-8.1. In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code

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1977

Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation.
SECTION 3. Said title is further amended by striking Code Section 17-12-3, relating to the Georgia Public Defender Standards Councils creation and membership, and inserting in lieu thereof the following:
17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 members. (b) Ten members The membership of the council shall be appointed as follows:
(1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The These members shall serve terms of four years; provided, however, that the members appointed from the even-numbered judicial administration circuits shall serve initial terms of six years and thereafter shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the state is represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows:
(A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10;
(B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration

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district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and

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1979

(E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8.
All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) In addition, there the eleventh member shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender councilmember shall serve terms of two years; (4) All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. The initial appointees from the even-numbered judicial administration circuits shall serve until June 30, 2009. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1) and (2) of this subsection shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating members unexpired term; and (6) Any vacancy for a member appointed pursuant to paragraph (3) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) of Code Section 17-12-20. (c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. The appointing authorities shall not

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appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorneys office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council.
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 17-12-24, relating to guidelines for determining indigency, and inserting in lieu thereof the following:
(a) The council shall establish guidelines for determining the financial eligibility of persons claiming indigence, and the circuit public defender and any other person or entity providing indigent defense services shall use the guidelines to determine the financial eligibility of any person or juvenile arrested, detained, or charged in any manner that would entitle him or her to representation under this article. For purposes of determining the eligibility of persons claiming indigency and arrested, detained, or charged in any manner that would entitle him or her to representation under this chapter, the following shall apply:
(1) A person charged with a misdemeanor, violation of probation, or a municipal, county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 percent of the federal poverty guidelines is entitled to legal representation under this chapter unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; (2) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines is entitled to legal representation under this chapter unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; and (3) In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be entitled to representation under this chapter.
SECTION 5. Said title is further amended by striking subsection (b) of Code Section 17-12-26, relating to the budget of the council, and inserting in lieu thereof the following:
(b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the multicounty public defender office Office of the Georgia Capital Defender and the office of the mental health advocate.

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1981

SECTION 6. Said title is further amended by striking Code Section 17-12-32, relating to contracting with the Department of Administrative Services for personnel paid by local governments, and inserting in lieu thereof the following:
17-12-32. The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the Department of Administrative Services council to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the department council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.
SECTION 7. Said title is further amended by striking Code Section 17-12-124, relating to the budget for the Office of the Georgia Capital Defender, and inserting in lieu thereof the following:
17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 and thereafter shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought.
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Senators Kemp of the 46th, Hudgens of the 47th, Wiles of the 37th, Harp of the 29th, Powell of the 23rd and Mullis of the 53rd offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 503 (LC 29 2319S) by inserting after "council;" on line 8 of page 1 the following:
to provide that public defenders shall not be authorized to utilize a badge, shield, or similar item; to change certain provisions relating to public defenders;
By inserting between lines 2 and 3 of page 7 the following:

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SECTION 5.1. Said title is further amended by striking subsection (g) of Code Section 17-12-27, relating to the appointment of assistant public defenders, salary, and promotions, and inserting a new subsection (g) to read as follows:
(g) All full-time state paid employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law. A circuit public defender, assistant public defender, or local public defender may be issued an employee identification card by his or her employing agency; provided, however, no employer of any such public defender shall issue nor shall any public defender display, wear, or carry any badge, shield, card, or other item that is similar to a law enforcement officers badge or that could be reasonably construed to indicate that the public defender is a peace officer or law enforcement official.
On the adoption of the amendment, the yeas were 34, nays 0, and the Kemp et al. amendment was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead

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1983

Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

SB 503, having received the requisite constitutional majority, was passed by substitute.

Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

Senator Reed of the 35th asked unanimous consent that Senator Miles of the 43rd be excused. The consent was granted, and Senator Miles was excused.

SB 495. By Senators Mullis of the 53rd and Shafer of the 48th:

A BILL to be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide an increase in fees and charges and provide a fee for blaster certification cards; to require a license prior to conducting blast hole drilling; to amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations generally, so as to provide additional definitions; to require a license for blast hole drilling; to require liability insurance for licensed blasters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C

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Y Fort Y Goggans Y Golden
Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 495, having received the requisite constitutional majority, was passed.

SB 573. By Senators Carter of the 13th and Cagle of the 49th:

A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant

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 Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber

THURSDAY, MARCH 9, 2006

Y Hamrick N Harbison Y Harp Y Heath Y Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

SB 573, having received the requisite constitutional majority, was passed.

1985

SB 570. By Senator Carter of the 13th:
A BILL to be entitled an Act to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields of motor vehicles, so as to authorize a person who is a certified optometrist to provide an attestation in support of a medical exemption for restrictions to limitations on reducing light transmission or increasing light reflectance on windows of motor vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y 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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton
Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead

1986

JOURNAL OF THE SENATE

Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

SB 570, having received the requisite constitutional majority, was passed.

SB 177. By Senators Tate of the 38th and Fort of the 39th:

A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the benefit formula for the Teachers Retirement System of Georgia from 2 percent to 2.5 percent; to provide a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

The Senate Retirement Committee offered the following substitute to SB 177:

A BILL TO BE ENTITLED AN ACT

To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees Retirement System of Georgia by employees of certain state authorities and commissions, so as to define certain terms; to provide that all current and future employees of the State Road and Tollway Authority shall become members of such retirement system; to provide for status; to provide for employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees Retirement System of Georgia by employees of certain state authorities and commissions, is amended by inserting at the end thereof the following:
47-2-327.
(a) As used in this Code section, the term 'State Road and Tollway Authority' or 'authority' means that authority continued by Article 2 of Chapter 10 of Title 32, relating to the State Road and Tollway Authority. (b) Effective July 1, 2006, or on the date of employment, whichever date is later, each

THURSDAY, MARCH 9, 2006

1987

officer or employee of the authority shall become a member of the retirement system. (c) Any officer or employee of the authority who was already a member of the retirement system on July 1, 2006, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 2006, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (d) Except as otherwise provided in subsection (c) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2334. (e) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the State Road and Tollway Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter.
SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400

Russell W. Hinton State Auditor (404) 656-2174

February 16, 2006

1988

JOURNAL OF THE SENATE

The Honorable Horacena Tate State Senator State Capitol, Room 110 Atlanta, Georgia 30334

Dear Senator Tate:

SUBJECT: State Auditor's Certification Substitute to Senate Bill 177 (LC 21 8731S)

This bill would amend provisions relating to membership in the Employees' Retirement System. Specifically, this bill would specify that all employees and officers of the State Road and Tollway Authority shall become members of the Employees' Retirement System. Membership would be awarded to all persons who are in such positions on July 1, 2006, and to all persons who become employed by the Authority after such date. Furthermore, this bill authorizes any member of the Employees' Retirement System who becomes employed by the Authority on or after July 1, 2006 to retain membership in the System.

This is to certify that the changes made in this substitute bill are a reduction in cost amendment as defined in the Public Retirement Systems Standards Law. The actuarial investigation and the State Auditor's Summary for the substitute bill are attached.

Respectfully,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
February 16, 2006

THURSDAY, MARCH 9, 2006
Honorable Bill Heath, Chairman Senate Retirement Committee Paul D. Coverdell Office Building, Room 304-B Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation Senate Bill 177 (LC 21 8731S) Employees' Retirement System

1989

Dear Chairman Heath:
This bill would amend provisions relating to membership in the Employees' Retirement System. Specifically, this bill specifies that all employees and officers of the State Road and Tollway Authority shall become members of the Employees' Retirement System. Membership would be awarded to all persons who are in such positions on July 1, 2006, and to all persons who become employed by the Authority after such date. Furthermore, this bill authorizes any member of the Employees' Retirement System who becomes employed by the Authority on or after July 1, 2006 to retain membership in the System.

This bill would not result in any additional cost to the State. Currently, all persons who work for the State Road and Tollway Authority are officially employees of the Department of Transportation, and therefore, members of the Employees' Retirement System. This bill would allow them to retain their membership once such persons become official employees of the State Road and Tollway Authority. There would be no increase in the unfunded actuarial accrued liability or the employer contribution rate as a result of this bill.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued

liability which will result from the bill.

$

0

(2) The amount of the annual amortization of the

unfunded actuarial accrued liability which will result

from the bill.

$

0

1990

JOURNAL OF THE SENATE

(3) The number of years that the unfunded actuarial

accrued liability created by this bill would be

amortized.

N/A

(4) The amount of the annual normal cost which will

result from the bill.

$

0

(5) The employer contribution rate currently in effect.

10.41%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

10.41%

(7) The dollar amount of the increase in the annual $

0

employer contribution which is necessary to maintain

the retirement system in an actuarially sound

condition.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R

THURSDAY, MARCH 9, 2006

1991

Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 55, nays 0.

SB 177, having received the requisite constitutional majority, was passed by substitute.

SB 420. By Senators Unterman of the 45th, Schaefer of the 50th, Johnson of the 1st, Thomas of the 2nd, Harp of the 29th and others:

A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild; to provide for short titles; to provide definitions; to provide for the creation of a pilot program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of the pilot program; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 420:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild; to provide for short titles; to provide definitions; to provide for the creation of a pilot program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of the pilot program; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1992

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Care of a Grandchild Act."
SECTION 2. The General Assembly finds that:
(1) An increasing number of relatives in Georgia, including grandparents and greatgrandparents, are providing care to children who cannot reside with their parents due to the parents incapacity or inability to perform the regular and expected functions in the care and support of the children; (2) Parents need a means to allow grandparents and great-grandparents to have authority to act on behalf of grandchildren and great-grandchildren without legal intervention; (3) Grandparents and great-grandparents caring for their grandchildren and greatgrandchildren under these circumstances often do not have sufficient financial resources to provide for such children; and (4) Providing both a statutory mechanism for granting authority and limited financial support under certain circumstances for these grandparents and great-grandparents caring for their grandchildren and great-grandchildren enhances family preservation and stability.
SECTION 3. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by adding a new Article 4 to read as follows:
ARTICLE 4 Part 1
19-9-120. This part shall be known and may be cited as the 'Power of Attorney for the Care of a Minor Child Act.'
19-9-121. (a) As used in this part, the term:
(1) 'School' means: (A) Any county or independent school system as defined in Code Section 20-1-9; (B) Any private school as such term is defined in code Section 20-2-690; (C) A home study program meeting the requirements set forth in subsection (c) of Code Section 20-2-690; (D) Pre-kindergarten programs; or (E) Early care and education programs as such term is defined in paragraph (6) of Code Section 20-1A-2.

THURSDAY, MARCH 9, 2006

1993

(2) 'Serious illness' means a physical or mental illness as determined by a licensed health care professional, including a psychiatrist or psychologist, that causes the parent to be unable to care for the minor child due to the physical or mental condition or health of the parent including a condition created by medical treatment. (3) 'Terminal illness' has the same meaning as the term 'terminal condition' as provided in paragraph (13) of Code Section 31-32-2. (b) A parent or parents of a minor child may delegate to any grandparent or greatgrandparent residing in this state caregiving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for the care of a minor child in a form substantially complying with the provisions of this part. (c)(1) Hardships may include, but are not limited to:
(A) The death, serious illness, terminal illness, or incarceration of a parent; (B) The physical or mental condition of the parent or the child such that care and supervision of the child cannot be provided by the parent; (C) The loss or uninhabitability of the childs home as the result of a natural disaster; and (D) One or both parents are on active military duty. (2) Hardship shall not include the granting of a power of attorney for the care of a minor child for the purpose of subverting an investigation of the childs welfare by the Department of Human Resources or other agency responsible for such investigations. (d) The instrument providing for the power of attorney shall be executed by both parents, if both parents are living and have legal custody of the minor child, and shall state with specificity the details of the hardship preventing the parent or parents from caring for the child. (e) If only one parent has legal custody of the minor child, then such parent shall execute the instrument. The noncustodial parent shall be notified in writing of the name and address of the grandparent or great-grandparent who has been appointed the agent under the power of attorney. The executing parent shall send the notification by certified mail, return receipt requested, or by statutory overnight delivery to the noncustodial parent at the noncustodial parents last known address. (f) The power of attorney for the care of a minor child shall be signed and acknowledged before a notary public by the parent or parents, as the case may be, executing the power of attorney. (g) Through the power of attorney for the care of a minor child, the parent may authorize the agent grandparent or great-grandparent to perform the following functions without limitation: (1) Enroll the child in school and extracurricular activities; (2) Obtain medical, dental, and mental health treatment for the child; and (3) Provide for the childs food, lodging, housing, recreation, and travel. Nothing contained in this Code section shall be construed to limit the power of the parent to grant additional powers to the agent grandparent or great-grandparent.

1994

JOURNAL OF THE SENATE

(h) The agent grandparent or great-grandparent shall have the right to enroll the minor child in a school serving the area where the agent grandparent or great-grandparent resides. The school shall allow such agent grandparent or great-grandparent with a properly executed power of attorney for care of a minor child to enroll the minor child. Prior to enrollment, the school may require documentation of the minor childs residence with such agent grandparent or great-grandparent and verification of the validity of the stated hardship. Except where limited by federal law, the agent grandparent or great-grandparent shall have the same rights, duties, and responsibilities that would otherwise be exercised by the parent or parents pursuant to the laws of this state. (i) If the minor child ceases to reside with the agent grandparent or great-grandparent, the agent grandparent or great-grandparent shall notify any person, school, or health care provider that has been provided the power of attorney for care of a minor child that the child no longer resides with the agent grandparent or great-grandparent. (j) The agent grandparent or great-grandparent shall have the authority to act on behalf of the minor child until the parent or parents, as the case may be, who executed the power of attorney for care of a minor child revoke the power of attorney in writing. (k) The power of attorney for care of a minor child may also be terminated by any order of a court of competent jurisdiction that appoints a legal guardian or legal custodian. (l) An agent grandparent or great-grandparent under a power of attorney for care of a minor child shall act in the best interests of the minor child. Such agent grandparent or great-grandparent shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a minor child when such decision is made in good faith and is exercised in the best interests of the minor child. (m) No person, school official, or health care provider who acts in good faith reliance on a power of attorney for care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. (n) A person who relies on the written power of attorney for care of a minor child has no obligation to make any further inquiry or investigation. Nothing in this part shall relieve any individual from liability for violations of other provisions of law. (o) Each parent who executes the power of attorney for care of a minor child shall certify that such action is not for the primary purpose of enrolling the child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with Georgia law and shall require, in addition to any other remedies, repayment by such parent of all costs incurred by the school as a result of the violation. (p) The power of attorney for care of a minor child is not intended to replace the temporary written grant of permission to seek emergency medical treatment or other services for a minor child while in the custody of an adult who is not the parent and who is temporarily supervising the child at the parents request.

THURSDAY, MARCH 9, 2006

1995

19-9-122. (a) The statutory power of attorney for care of a minor child form contained in this Code section may be used to grant an agent grandparent or great-grandparent powers with respect to the minor childs registration for school and medical, dental, and mental health care and is not intended to be exclusive. No provision of this part shall be construed to bar use by the parent of any other or different form of power of attorney for care of a minor child that complies with this part. If a different power of attorney for care of a minor child is used, it may contain any or all of the provisions set forth or referred to in this Code section. When a power of attorney for care of a minor child in substantially the form set forth in this Code section is used, it shall have the same meaning and effect as prescribed in this part. Substantially similar forms may include forms from other states. (b) The power of attorney for care of a minor child shall be in substantially the following form:
'GEORGIA POWER OF ATTORNEY FOR CARE OF A MINOR CHILD NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE GRANDPARENT OR GREAT-GRANDPARENT THAT YOU DESIGNATE (THE AGENT) BROAD POWERS TO CARE FOR YOUR MINOR CHILD INCLUDING REGISTERING THE CHILD FOR SCHOOL; MAKING MEDICAL, DENTAL, AND MENTAL HEALTH CARE DECISIONS FOR THE CHILD, INCLUDING THE POWER TO REQUIRE, CONSENT TO, REFUSE, OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT THE CHILD TO OR DISCHARGE THE CHILD FROM ANY HOSPITAL, HOME, OR OTHER INSTITUTION; AND PROVIDING FOR THE CHILDS FOOD, LODGING, HOUSING, RECREATION, AND TRAVEL. THE AGENT IS REQUIRED TO EXERCISE DUE CARE TO ACT FOR THE CHILDS BENEFIT AND IN ACCORDANCE WITH THIS FORM. A COURT CAN TAKE AWAY THE POWERS OF THE AGENT IF IT FINDS THAT THE AGENT IS NOT ACTING PROPERLY. UNTIL YOU REVOKE THIS POWER OR A COURT TERMINATES THE POWER, THE AGENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR CARE OF A MINOR CHILD THROUGHOUT THE CHILDS MINORITY. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
POWER OF ATTORNEY FOR CARE OF A MINOR CHILD made this _____ day of _____________, _________.
1. I, _________________________________ (insert name and address of parent or parents), hereby appoint __________________________________ (insert name and address of grandparent or great-grandparent to be named as agent) as attorney in fact (the agent) for my child __________________________ (insert name of child)

1996

JOURNAL OF THE SENATE

to act for me and in my name in any way that I could act in person to register my child for school; seek medical, dental, and mental health treatment; provide for the childs food, lodging, housing, recreation, and travel; and otherwise make any and all decisions for my childs well-being. The agent shall have the same access to school, medical, dental, and mental health records or any other records relating to my minor child that I have including the right to disclose the contents thereof to others. THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS POSSIBLE SO THAT THE AGENT WILL HAVE THE AUTHORITY TO MAKE ANY DECISION THAT I COULD MAKE ON BEHALF OF MY MINOR CHILD SUBJECT TO THE LIMITATIONS, IF ANY, CONTAINED IN PARAGRAPH 2 BELOW. 2. The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations that you deem appropriate): ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED IN WRITING BY THE PARENT OR PARENTS AT ANY TIME. IN THE ABSENCE OF AN AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY FOR CARE OF A MINOR CHILD SHALL BECOME EFFECTIVE AT THE TIME THIS POWER OF ATTORNEY IS SIGNED AND WILL CONTINUE UNTIL REVOKED IN WRITING OR THE MINOR CHILD REACHES THE AGE OF MAJORITY OR IS EMANCIPATED UNLESS A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF PARAGRAPHS (3) AND (4) BELOW: 3. ( ) This power of attorney for care of a minor child shall become effective on ______________________ (insert a future date on which you desire this power of attorney for care of a minor child to take effect). 4. ( ) This power of attorney for care of a minor child shall terminate on ______________________ (insert a future date or event on which you want this power of attorney for care of a minor child to terminate prior to the minor child reaching the age of majority). 5. This power of attorney for care of a minor child is being executed because of the following hardship:
______ (A) The death, serious illness, terminal illness, or incarceration of a parent; ______ (B) The physical or mental condition of the parent or the child such that care and supervision of the child cannot be provided by the parent; ______ (C) The loss or uninhabitability of the childs home as the result of a natural disaster; or

THURSDAY, MARCH 9, 2006

1997

______ (D) Active military duty of one or both parents. IF YOU WISH TO NAME A GUARDIAN FOR YOUR MINOR CHILD IN THE EVENT THAT A COURT DECIDES THAT A GUARDIAN SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY INSERTING THE NAME AND ADDRESS OF SUCH PERSON IN THE FOLLOWING PARAGRAPH. YOU MAY, BUT ARE NOT REQUIRED TO, NOMINATE AS GUARDIAN THE SAME PERSON THAT YOU HAVE NAMED IN THIS FORM AS AGENT. 6. If a guardian of my minor child is to be appointed, I nominate the following person to serve as such guardian: ________________________________________ (insert name and address of person nominated to be guardian of the minor child). 7. I am fully informed as to all of the contents of this form and I understand the full import of this grant of powers to my agent. 8. I certify that the minor child is not emancipated and, if the minor child becomes emancipated, this power of attorney shall no longer be valid. 9. I hereby certify that this power of attorney is not executed for the primary purpose of enrolling the child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school. 10. I declare under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct. Parent Signature: ________________________________________________(Seal) Parent Signature: ________________________________________________(Seal) Signed and sealed in the presence of ____________________________________, Notary Public. My Commission expires: ______________________________________.'
Part 2 19-9-140. This part shall be known and may be cited as the 'Grandchildrens Caregiver Subsidy Act.'
19-9-141. As used in this part, the term:
(1) 'Department' means the Department of Human Resources. (2) 'Grandchild subsidy' means the aid provided on behalf of children in the pilot program under the terms of this part. (3) 'Grandparent' means any grandparent as defined in Code Section 19-7-3. (4) 'Great-grandparent' means any parent of a grandparent. (5) 'Parent' means any parent with legal custody of a minor child.
19-9-142. (a) The department shall establish a pilot program for providing a grandchild subsidy to eligible persons pursuant to this part.

1998

JOURNAL OF THE SENATE

(b) Upon funds being appropriated by the General Assembly, the grandchild subsidy under the pilot program shall be provided under this part on behalf of any minor child:
(1) Who is in the legal custody or guardianship of a grandparent or great-grandparent; and (2) Whose grandparent or great-grandparent has an annual income less than 200 percent of the federal poverty level for the number of dependents including grandchildren and great-grandchildren living in the household. (c) Such grandparent or great-grandparent meeting the criteria in subsection (b) of this Code section shall receive a special monthly grandchild subsidy benefit equal to 80 percent of the state-wide average foster care rate. Such grandparent or greatgrandparent shall remain eligible for the grandchild subsidy for each month that the grandchild or great-grandchild continues to live with the grandparent or greatgrandparent, provided that the other criteria under this part are met. (d) Any grandchild subsidy paid to a grandparent or great-grandparent shall not affect the eligibility of the grandchild or great-grandchild to receive Medicaid or PeachCare for Kids benefits or benefits from any other state or federal program for which the grandchild or great-grandchild would otherwise be eligible. (e)(1) The department shall request participation in this pilot program established pursuant to this part from current grandparent raising grandchildren programs including, but not limited to: Kinship Resource Center in Clayton County, St. Josephs Mercy Care Center for Grandparents Raising Grandchildren in Rome, Project Healthy Grandparents at Athens Community Council on Aging in Athens, Grandparents Raising Grandchildren Project in Augusta, and Project Healthy Grandparents at Georgia State University in Atlanta. (2) The department shall provide for the implementation of the pilot program and shall ensure that:
(A) No more than 1,300 families at any given time shall be participating in the pilot program; (B) No later than the fifth day of each month the grandparent or great-grandparent shall provide written affirmation that the grandchild or great-grandchild continues to live in the grandparents or great-grandparents household; and (C) A periodic verification of eligibility to remain in the program shall be completed at least annually for each family participating in the program. (f) Any grandparent or great-grandparent participating in the pilot program who knowingly fails to comply with the requirements of the pilot program or who knowingly fails to notify the department when the grandparent or great-grandparent no longer meets the eligibility requirements for the grandchild subsidy under subsection (c) of this Code section shall be punished in accordance with Georgia law and shall, in addition to all other remedies, repay all subsidy amounts paid during the period of ineligibility and all costs associated with any action taken by the department in connection with the ineligibility. (g) A yearly status report shall be submitted to the departments Division of Aging Services.

THURSDAY, MARCH 9, 2006

1999

(h) The department shall provide for an evaluation of this pilot program to be prepared and delivered to the General Assembly after the second, fourth, and fifth year of implementation of the pilot program. (i) The pilot program provided in this Code section shall expire five years from the date of the implementation of the pilot program unless extended by action of the General Assembly.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 56, nays 0.

SB 420, having received the requisite constitutional majority, was passed by substitute.

2000

JOURNAL OF THE SENATE

SB 592. By Senators Grant of the 25th, Hill of the 4th, Kemp of the 46th and Harp of the 29th:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 56, nays 0.

SB 592, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 9, 2006

2001

SB 480. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 480:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new article to read as follows:
ARTICLE 3
43-26-50. This article shall be known and may be cited as the 'Georgia Qualified Medication Aide Act.'

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43-26-51. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons who are certified as qualified medication aides and who are employed by and working in community living arrangements established by the Department of Human Resources pursuant to paragraphs (15) and (16) of subsection (b) of Code Section 37-1-20.
43-26-52. As used in this article, the term:
(1) 'Applicant' means any person seeking certification under this article. (2) 'Board' means the Georgia Board of Examiners of Licensed Practical Nurses established pursuant to Article 2 of this chapter. (3) 'Community living arrangement' means any residence, whether operated for profit or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of daily personal services, support, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage which is established by the Department of Human Resources pursuant to paragraph (16) of subsection (b) of Code Section 37-1-20 and whose services are financially supported, in whole or part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. A community living arrangement is also referred to as a 'residence.' (4) 'Licensed practical nurse' means an individual who is licensed to practice nursing under Article 2 of this chapter. (5) 'Medication administration record' means a written record of medication ordered for and received by a resident of a community living arrangement. (6) 'Qualified medication aide' means a person who meets the qualifications specified in this article and who is currently certified by the board. (7) 'Physician' means an individual who is licensed to practice medicine under Article 2 of Chapter 34 of this title. (8) 'Registered professional nurse' means an individual who is licensed to practice nursing under Article 1 of this chapter. (9) 'Resident' means an individual in a community living arrangement. (10) 'Supervising nurse' means the registered professional nurse who is responsible for the supervision of a qualified medication aide in a community living arrangement. (11) 'Supervision' means initial and ongoing direction, procedural guidance, and observation and evaluation of the qualified medication aide by a registered professional nurse.
43-26-53. (a) A registered professional nurse or a licensed practical nurse may delegate certain nursing tasks, as set out in Code Section 43-26-56, to no more than 15 qualified

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2003

medication aides who are working at and employed by community living arrangements. (b) Certification as a qualified medication aide by the board shall constitute a presumption that the qualified medication aide has acquired the necessary knowledge, skills, and experience to perform the delegated nursing task with reasonable skill and safety upon the residents of community living arrangements. The presumption may be overcome or rebutted by evidence to the contrary, including, but not limited to, the determination that deceptive or fraudulent information was used to obtain certification as a qualified medication aide.
43-26-54. The board shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for certification as a qualified medication aide and renewal of the certificate; (2) Adopt rules and regulations consistent with this article necessary to enable it to carry into effect the provisions of this article, including disciplinary rules; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of qualified medication aide certificate holders and applicants under this article; (4) Conduct hearings in accordance with the Georgia Administrative Procedure Act regarding the regulation and enforcement of this article; (5) Regulate the acts and practices that are allowed or prohibited for qualified medication aides, in accordance with the provisions of this article; (6) Establish application, examination, and certification fees; (7) Establish requirements for the education and training of qualified medication aides; and (8) Establish continuing education requirements.
43-26-55. (a) The board shall receive applications for certification to be qualified medication aides in Georgia. Each applicant shall meet the following qualifications:
(1) Be at least 18 years of age; (2) Be able to read, write, speak, and understand the English language; (3) Have attained a high school diploma or a general educational development (GED) diploma or the equivalent thereof; (4) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center, as determined by the board. Application for a certificate under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for certification agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check; (5) Have completed a prescribed course of study in a qualified medication aide program conducted by the Department of Technical and Adult Education;

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(6) Have successfully passed a board approved or administered competency exam for qualified medication aides; and (7) Have met such other requirements as may be prescribed by the board. (b) Each qualified medication aide shall, in order to maintain certification, work under the supervision of a registered professional nurse. (c) Certificates issued under this article shall be renewed biennially according to schedules and fees approved by the board.
43-26-56. (a) The following tasks are permitted activities that may be delegated to a qualified medication aide under supervision and are subject to the rules and regulations promulgated by the board:
(1) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications and medications by gastric ('G' or 'J') tube; (2) Administer insulin under physician direction and protocol; (3) Administer medication via metered dose inhaler; (4) Conduct finger stick blood glucose testing following established protocol; (5) Administer commercially prepared disposable enema as ordered by a physician; (6) Administer treatment for skin conditions, including stage I and II decubitus ulcers, following a designated protocol; (7) Assist residents in supervised self-administration of medication; (8) Record in the medication administration record all medications that the qualified medication aide has personally administered, including a residents refusal to take medication; and (9) Observe and report to the supervising nurse any changes in the residents condition. (b) The board shall promulgate rules and regulations regarding the activities permitted by this Code section and any other permitted activities, as determined by the board, and those activities that the supervising nurse is prohibited from delegating to a qualified medication aide and that the qualified medication aide is prohibited from performing.
43-26-57. A community living arrangement which utilizes the services of a qualified medication aide shall employ or contract with a registered professional nurse who has responsibility for the supervision of the qualified medication aide. A registered professional nurse under discipline, sanction, or restriction by the Georgia Board of Nursing shall not provide supervision for a qualified medication aide.
43-26-58. (a) The board shall have the authority to refuse to grant or to renew a certificate to an applicant, to revoke the certificate of a certificate holder, or to discipline a certificate holder upon a finding by the board that the applicant or certificate holder has:
(1) Been convicted of a felony, a crime involving moral turpitude, or any crime

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2005

violating a federal or state law relating to controlled substances or dangerous drugs or marijuana in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to the charge, the granting of first offender treatment without adjudication of guilt, or the withholding of adjudication of guilt on the charges or crime; (2) Had a certificate to practice as a qualified medication aide revoked, suspended, or annulled by any lawful certificating authority of any state or county, had other disciplinary action taken by any lawful certificating authority for any certification or licensure to practice a business or profession, including refusal of certification or licensure, or was denied a certificate by any lawful certificating authority; (3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional conduct' includes any departure from, or the failure to conform to, the minimum standards of acceptable and prevailing practice as a qualified medication aide; (4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation of the board, this state, any other state, the United States, or any other lawful authority, without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of a qualified medication aide, when the qualified medication aide or applicant knows or should have known that such action violates such law or rule or regulation; (5) Violated a lawful order of the board previously entered by the board or the order of any certifying or licensing authority; or (6) Displayed an inability to practice as a qualified medication aide with reasonable skill and safety due to illness; use of alcohol, drugs, narcotics, chemicals, or any other types of material; or as a result of any mental or physical condition.
(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require a certificate holder or applicant to submit to a mental or physical examination by a board approved health care professional. The expense of such mental or physical examination shall be borne by the certificate holder or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under contrary law or rule. Every certificate holder and applicant shall be deemed to have given such persons consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a certificate holder or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond that persons control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any certificate holder or applicant who is prohibited from practicing under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin to practice as a qualified medication aide with reasonable skill and safety.

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(B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a certificate holder or applicant, including psychiatric records; such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary law or rule. Every person who is certificated in this state or who shall file an application for said certificate shall be deemed to have given such persons consent to the boards obtaining such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication. (b) Neither denial of an initial certificate, the issuance of a private reprimand, nor the denial of a request for reinstatement of a certificate on the grounds that the certificate holder or applicant has failed to meet the minimum requirements shall be considered a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the certificate holder or applicant shall be allowed to appear before the board if he or she so requests.

43-26-59. (a) Nothing in this article shall be construed to limit or repeal Articles 1 and 2 of this chapter, relating to registered professional nurses and licensed practical nurses, respectively. (b) Nothing in this article shall be construed to limit or repeal any existing authority of a physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom.

43-26-60. This article shall be repealed in its entirety on July 1, 2011.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.

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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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2007

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 Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

SB 480, having received the requisite constitutional majority, was passed by substitute.

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.

SB 606. By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Senators Douglas of the 17th, Tolleson of the 20th and Staton of the 18th offered the following amendment #1:
Amend SB 606 by striking "funerals, memorial services, or funeral processions" on line 3 of page 1 and inserting "funerals or memorial services".
By striking "funeral, memorial service, or funeral procession" on line 13 of page 1; on line 17 of page 1; on lines 19 and 20 of page 1; on line 21 of page 1; on line 25 of page

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1; on line 26 of page 1; on lines 2 and 3 of page 2; on line 4 of page 2; on lines 5 and 6 of page 2; on line 10 of page 2; on lines 11 and 12 of page 2; on lines 14 and 15 of page 2; and on line 16 of page 2 and inserting in each instance "funeral or memorial service".

By striking "or procession route" on line 14 of page 2.

On the adoption of the amendment, the yeas were 50, nays 0, and the Douglas et al. amendment #1 was adopted.

Senator Tolleson of the 20th offered the following amendment #2:

Amend SB 606 by line 24 delete 100 after within

add 500

On the adoption of the amendment, the yeas were 48, nays 1, and the Tolleson amendment #2 was adopted.

Senator Tolleson of the 20th offered the following amendment #3:

Amend SB 606 by delete on page 2 line 3 and on page 2 line 10 the word 100 and by inserting the word 500 in lieu thereof.

On the adoption of the amendment, the yeas were 45, nays 0, and the Tolleson amendment #3 was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson

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2009

Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 55, nays 0.

SB 606, having received the requisite constitutional majority, was passed as amended.

Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 1098 until 9:00 a.m. Monday, March 13, 2006; the motion prevailed, and at 12:58 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, March 13, 2006 Thirtieth Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 239.

By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others:

A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

HB 695. By Representatives Holt of the 112th and Mills of the 25th:

A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to enact the "Disabled Assistants Act"; to revise provisions relating to wild animal permits and licenses; to authorize the issuance of permits for animals to assist persons with disabilities under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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2011

HB 834.

By Representatives Roberts of the 154th, Royal of the 171st, Floyd of the 147th, McCall of the 30th, Lane of the 158th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption regarding the sale of liquefied petroleum gas or other fuel used for certain swine raising purposes; to repeal conflicting laws; and for other purposes.

HB 841.

By Representatives Stephens of the 164th, Day of the 163rd, Graves of the 137th, Hugley of the 133rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to certain sales to qualified job training organizations for a limited period of time; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 893.

By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th, Maxwell of the 17th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales taxes for educational purposes, so as to change certain provisions relating to the manner of imposition of such taxes; to provide an effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1006. By Representatives Ashe of the 56th and Thomas of the 55th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for certain persons and vehicles, so as to emphasize that the renewal registration fees for prestige plates are to be distributed in the same manner as the initial fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1030. By Representative Smith of the 129th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1073. By Representatives O`Neal of the 146th, Talton of the 145th, Ray of the 136th and Floyd of the 147th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Houston Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to authorize the governing authority of the counties which comprise the Houston Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation

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2013

construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1120. By Representatives Scott of the 2nd, Knight of the 126th, Graves of the 12th, Fludd of the 66th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, so as to change certain provisions regarding estimated tax liability; to repeal conflicting laws; and for other purposes.
HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1246. By Representatives Howard, E. of the 121st and Murphy of the 120th:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide for state flags to honor deceased Georgia elected state officials; to provide for definitions and legislative intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

HB 1301. By Representatives Martin of the 47th, Royal of the 171st, Chambers of the 81st, Jennings of the 82nd, Scott of the 2nd 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 sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain sales of food and groceries to a qualified food bank; to provide

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for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authoritys eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes.
HB 1316. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Burkhalter of the 50th, Parrish of the 156th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1320. By Representatives Smith of the 70th, Burkhalter of the 50th, Ralston of the 7th, Willard of the 49th, Rice of the 51st and others:
A BILL to be entitled an Act to extensively revise various provisions of the O.C.G.A. relating to littering and related environmental offenses; and for other purposes.
HB 1341. By Representatives Martin of the 47th and Jones of the 46th:
A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L.

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2015

1999, p. 4836), as amended, so as to increase the exemption amount; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes.
HB 1435. By Representatives Burmeister of the 119th, Brown of the 69th, Lunsford of the 110th and Walker of the 107th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to add certain definitions; to authorize an attendant care giver to provide assistance in voting an absentee ballot; to provide for the manner of assistance in voting for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1496. By Representatives Hatfield of the 177th, Sims of the 169th, Smith of the 168th and Mosley of the 178th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Bacon, Brantley, Charlton, Coffee, Pierce, and Ware counties in the Waycross Circuit; to repeal conflicting laws; and for other purposes.
HB 1519. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dudley, Georgia, in the County of Laurens, approved February 18, 1977 (Ga. L. 1977, p. 2657), as amended, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes.

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HB 1521. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), an Act approved March 20, 1990 (Ga. L. 1990, p. 4073), and an Act approved October 1, 2001 (Ga. L. Ex. Sess. 2001, p. 665), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 1522. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3769), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

HB 1523. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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 1524. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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2017

HB 1525. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1526. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over or disabled; 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 1527. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Banks County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1529. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or

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over or disabled; 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 1530. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent 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 1531. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1532. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1533. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stephens County, approved March 22, 1937 (Ga. L.1937, p. 1415), as amended, so as to reconstitute the board of

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commissioners as a five-member board; to provide for definitions and inclusions; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 1534. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district for disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent 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 1544. By Representatives Mumford of the 95th, Stephenson of the 92nd and Mangham of the 94th:
A BILL to be entitled an Act to provide that the chief magistrate and other magistrates of the Magistrate Court of Rockdale County meet certain qualifications to hold office; to provide that such chief magistrate and other magistrates must have actively practiced law for at least three years in this state immediately before taking office; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1545. By Representatives Beasley-Teague of the 65th and Fludd of the 66th:
A BILL to be entitled an Act to authorize the City of Union City 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.

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HB 1554. By Representative Jenkins of the 8th:

A BILL to be entitled an Act to amend an Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

HB 1555. By Representatives Davis of the 109th, Mosby of the 90th and Barnes of the 78th:

A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Stockbridge," approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for council districts; to provide for the election of the mayor and councilmembers; to provide for residency; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

HB 1566. By Representatives Hill of the 21st, Murphy of the 23rd and Byrd of the 20th:

A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to authorize participation by such judges in county retirement, deferred compensation, or similar plans; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolutions of the House:

HR 773.

By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th, Maxwell of the 17th, Bearden of the 68th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for authorization, imposition, levy, collection, and distribution of a sales and use tax for educational purposes by resolution of any county

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school district or independent school district, conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HR 1306. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:
A RESOLUTION proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of affirmative harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes.
HR 1491. By Representative Sims of the 169th:
A RESOLUTION commemorating the achievements and sacrifice made by Private James Boggan and renaming the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, the Private James Boggan Memorial Bridge; and for other purposes.
HR 1548. By Representatives Rynders of the 152nd and Hanner of the 148th:
A RESOLUTION commemorating the accomplishments of Mrs. Ida Chambers and dedicating Chambers Crossing; and for other purposes.

The House has passed by the requisite constitutional majority the following Bill of the Senate:
SB 584. By Senators Jones of the 10th, Douglas of the 17th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4662), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said

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additional judge and successors to such judge; to provide for the compensation and expenses of said additional judge; 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 664. By Senator Pearson of the 51st:
A BILL to be entitled an Act to create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SR 1133. By Senators Bulloch of the 11th, Kemp of the 46th, Hudgens of the 47th and Pearson of the 51st:
A RESOLUTION urging the United States Congress and the President of the United States to pass meaningful changes to protect threatened or endangered species; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SR 1134. By Senator Schaefer of the 50th:
A RESOLUTION creating the Senate Study Committee on Mental Health Screening in Public Schools; and for other purposes.
Referred to the Rules Committee.

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SR 1136. By Senator Unterman of the 45th:
A RESOLUTION creating the Senate Study Committee on the Quality of Legal Representation of the Division of Family and Children Services in the Juvenile Courts By Special Assistant Attorneys General; and for other purposes.
Referred to the Rules Committee.
SR 1137. By Senator Unterman of the 45th:
A RESOLUTION creating the Joint Study Committee on the Examination of the Mission of the Georgia Department of Public Health and Its Effectiveness in Improving the Health and Welfare Status of All Georgians; and for other purposes.
Referred to the Rules Committee.

SR 1139. By Senators Jones of the 10th and Miles of the 43rd:
A RESOLUTION urging the Georgia Department of Human Resources to provide for a stillborn birth certificate; and for other purposes.
Referred to the Health and Human Services Committee.
The following House legislation was read the first time and referred to committee:

HB 239. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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HB 695. By Representatives Holt of the 112th and Mills of the 25th:
A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to enact the "Disabled Assistants Act"; to revise provisions relating to wild animal permits and licenses; to authorize the issuance of permits for animals to assist persons with disabilities under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HB 834. By Representatives Roberts of the 154th, Royal of the 171st, Floyd of the 147th, McCall of the 30th, Lane of the 158th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption regarding the sale of liquefied petroleum gas or other fuel used for certain swine raising purposes; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 841. By Representatives Stephens of the 164th, Day of the 163rd, Graves of the 137th, Hugley of the 133rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to certain sales to qualified job training organizations for a limited period of time; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 893. By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th, Maxwell of the 17th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales taxes for

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educational purposes, so as to change certain provisions relating to the manner of imposition of such taxes; to provide an effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1006. By Representatives Ashe of the 56th and Thomas of the 55th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for certain persons and vehicles, so as to emphasize that the renewal registration fees for prestige plates are to be distributed in the same manner as the initial fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1030. By Representative Smith of the 129th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1073. By Representatives O`Neal of the 146th, Talton of the 145th, Ray of the 136th and Floyd of the 147th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Houston Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and

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duties thereof; to authorize the governing authority of the counties which comprise the Houston Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 1120. By Representatives Scott of the 2nd, Knight of the 126th, Graves of the 12th, Fludd of the 66th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, so as to change certain provisions regarding estimated tax liability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for

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a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 1246. By Representatives Howard, E. of the 121st and Murphy of the 120th:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide for state flags to honor deceased Georgia elected state officials; to provide for definitions and legislative intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
HB 1301. By Representatives Martin of the 47th, Royal of the 171st, Chambers of the 81st, Jennings of the 82nd, Scott of the 2nd 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 sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain sales of food and groceries to a qualified food bank; 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 repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authoritys eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies

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and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 1316. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Burkhalter of the 50th, Parrish of the 156th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

HB 1320. By Representatives Smith of the 70th, Burkhalter of the 50th, Ralston of the 7th, Willard of the 49th, Rice of the 51st and others:
A BILL to be entitled an Act to extensively revise various provisions of the O.C.G.A. relating to littering and related environmental offenses; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HB 1341. By Representatives Martin of the 47th and Jones of the 46th:
A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L. 1999, p. 4836), as amended, so as to increase the exemption amount; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 1435. By Representatives Burmeister of the 119th, Brown of the 69th, Lunsford of the 110th and Walker of the 107th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to add certain definitions; to authorize an attendant care giver to provide assistance in voting an absentee ballot; to provide for the manner of assistance in voting for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 1496. By Representatives Hatfield of the 177th, Sims of the 169th, Smith of the 168th and Mosley of the 178th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Bacon, Brantley, Charlton, Coffee, Pierce, and Ware counties in the Waycross Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1519. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dudley, Georgia, in the County of Laurens, approved February 18,

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1977 (Ga. L. 1977, p. 2657), as amended, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1521. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), an Act approved March 20, 1990 (Ga. L. 1990, p. 4073), and an Act approved October 1, 2001 (Ga. L. Ex. Sess. 2001, p. 665), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1522. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3769), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1523. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1524. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1525. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1526. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over or disabled; 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 1527. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Banks County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county who are 62 years

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of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1529. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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 1530. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1531. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to

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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 1532. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1533. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stephens County, approved March 22, 1937 (Ga. L.1937, p. 1415), as amended, so as to reconstitute the board of commissioners as a fivemember board; to provide for definitions and inclusions; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1534. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district for disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent 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

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referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1544. By Representatives Mumford of the 95th, Stephenson of the 92nd and Mangham of the 94th:
A BILL to be entitled an Act to provide that the chief magistrate and other magistrates of the Magistrate Court of Rockdale County meet certain qualifications to hold office; to provide that such chief magistrate and other magistrates must have actively practiced law for at least three years in this state immediately before taking office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1545. By Representatives Beasley-Teague of the 65th and Fludd of the 66th:
A BILL to be entitled an Act to authorize the City of Union City to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1554. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to amend an Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1555. By Representatives Davis of the 109th, Mosby of the 90th and Barnes of the 78th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Stockbridge," approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for council districts; to provide for the

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2035

election of the mayor and councilmembers; to provide for residency; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1566. By Representatives Hill of the 21st, Murphy of the 23rd and Byrd of the 20th:
A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to authorize participation by such judges in county retirement, deferred compensation, or similar plans; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 773. By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th, Maxwell of the 17th, Bearden of the 68th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for authorization, imposition, levy, collection, and distribution of a sales and use tax for educational purposes by resolution of any county school district or independent school district, conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.
HR 1306. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:
A RESOLUTION proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for

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redevelopment purposes to the elimination of affirmative harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Judiciary Committee.
HR 1491. By Representative Sims of the 169th:
A RESOLUTION commemorating the achievements and sacrifice made by Private James Boggan and renaming the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, the Private James Boggan Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.
HR 1548. By Representatives Rynders of the 152nd and Hanner of the 148th:
A RESOLUTION commemorating the accomplishments of Mrs. Ida Chambers and dedicating Chambers Crossing; and for other purposes.
Referred to the Transportation Committee.

The following committee report was read by the Secretary:

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 491 HB 1161 HB 1414 HB 1415 HB 1434

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1469 HB 1478 HB 1515 SB 644 SB 652

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

MONDAY, MARCH 13, 2006

2037

The following legislation was read the second time: SR 844

Senator Hooks of the 14th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

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 Adelman of the 42nd asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Douglas of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton 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.

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 Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Bulloch Butler Cagle

Heath Hill,Jack Hill,Judson Hooks Hudgens Johnson

Seay Shafer,D Starr Stephens Stoner Tarver

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Carter Chance Chapman Douglas Goggans Golden Grant Hamrick Harp

Jones Kemp Me V Bremen Miles Moody Mullis Powell Rogers Schaefer

Tate Thomas,D Thomas,R Tolleson Unterman Weber Whitehead Wiles Williams

Not answering were Senators:

Fort (Excused) Pearson Smith (Excused) Thompson, S (Excused)

Harbison (Excused) Reed (Excused) Staton (Excused) Zamarripa (Excused)

Henson (Excused) Seabaugh (Excused) Thompson, C (Excused)

Senator Pearson of the 51st was off the floor of the Senate when the roll was called and wished to be recorded as present.

The members pledged allegiance to the flag.

Senator Thomas of the 54th introduced the chaplain of the day, Reverend Ray Camp of Dalton, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 1115. By Senator Butler of the 55th:

A RESOLUTION congratulating and commending Tony Scipio on his appointment as Chief of Police for the City of Clarkston and for his years of dedicated service to the citizens of this state; and for other purposes.

SR 1131. By Senator Hudgens of the 47th:

A RESOLUTION recognizing and commemorating the 200th birthday of the City of Jefferson, Georgia; and for other purposes.

SR 1132. By Senators Hill of the 4th and Tolleson of the 20th:

A RESOLUTION congratulating the Statesboro High School Blue Devils Class AAAA champion football team; and for other purposes.

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2039

SR 1135. By Senator Schaefer of the 50th:
A RESOLUTION recognizing and congratulating Dr. Robert Schmidt, named a 2005 Businessman of the Year and an Honorary State Chairman to the Business Advisory Council by the National Republican Congressional Committee; and for other purposes.

SR 1138. By Senators Heath of the 31st and Hamrick of the 30th:
A RESOLUTION commending Mrs. Virginia Galloway; and for other purposes.

SR 1140. By Senator Adelman of the 42nd:
A RESOLUTION remembering the life of Honorable Eleanor L. Richardson, former member of the House of Representatives; and for other purposes.

SR 1141. By Senator Adelman of the 42nd:
A RESOLUTION commending Ms. Anna Houghton Kandrach on her 32 years of teaching and 29 years with Decatur City Schools; and for other purposes.

SR 1142. By Senator Adelman of the 42nd:
A RESOLUTION commending Ms. Susan Bundschu on her 29 years of teaching in Decatur city schools; and for other purposes.
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.
Senator Tolleson of the 20th 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 Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.
The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

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SENATE LOCAL CONSENT CALENDAR

Monday, March 13, 2006 Thirtieth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 644

Kemp of the 46th Hudgens of the 47th MADISON COUNTY

A BILL to be entitled an Act to provide for the compensation of the members and chairperson of the board of education of Madison County; to provide for procedures relative to such increase in compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 652

Hamrick of the 30th Thompson of the 33rd Reed of the 35th CITY OF AUSTELL

A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, so as to revise the districts for the election of members of the city council; to provide for definitions and inclusions; to provide for manner 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 repeal conflicting laws; and for other purposes.

HB 491

Schaefer of the 50th TOWNS COUNTY
A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the board of commissioners of Towns County and revise and restate the law relating to the board; to provide for continuation in office of the present sole county commissioner; to provide for election of the five-member board of commissioners upon a vacancy in the office of

HB 1161 HB 1414

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2041

sole commissioner; to provide for exercise of the power of the sole commissioner by the judge of the probate court until the vacancy is filled; 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 contingent effective dates; to repeal conflicting laws; and for other purposes.

Meyer von Bremen of the 12th Hooks of the 14th CLAY/QUITMAN/RANDOLPH/STEWART COUNTIES
A BILL to be entitled an Act to create the Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph, and Stewart counties; to provide for a short title; to provide for definitions; to provide for membership; to provide for a governing board and its terms, organization, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, and bonding; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for conditions for issuance of bonds and that they will not constitute certain debts; to provide for trust indentures, sinking fund, and payment of proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes.

Douglas of the 17th NEWTON COUNTY
A BILL to be entitled an Act to authorize Newton County to exercise all redevelopment and other powers except for condemnation and eminent domain 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.

2042 HB 1415
HB 1434 HB 1469

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Douglas of the 17th NEWTON COUNTY
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
Cagle of the 49th CITY OF FLOWERY BRANCH
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an ordinance filed with the Secretary of State on February 17, 2005 (Ga. L. 2005, p. 4274), so as to change the powers and duties of the mayor; to provide for a city manager; to provide for the appointment of a city clerk; to provide for the appointment of a city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
Goggans of the 7th CITY OF WILLACOOCHEE
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to authorize the mayor and aldermen to impose a gross receipts tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

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2043

HB 1478

Schaefer of the 50th CITY OF DEMOREST

A BILL to be entitled an Act to provide a new charter for the City of Demorest; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal an Act granting a new charter to the City of Demorest, approved August 15, 1917 (Ga. L. 1917, p. 656), as amended; to repeal conflicting laws; and for other purposes.

HB 1515

Chapman of the 3rd GLYNN COUNTY

A BILL to be entitled an Act to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said board; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown

Hill,Jack Y Hill,Judson Y Hooks

E Smith E Starr E Staton

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Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath E Henson

Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the local legislation, the yeas were 44, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

The following legislation, favorably reported by the committee, as listed on the General Consent Calendar for Commemorative Resolutions, was third read and put upon its adoption.

GENERAL CONSENT CALENDAR FOR
COMMEMORATIVE RESOLUTIONS MONDAY, MARCH 13, 2006
THIRTIETH LEGISLATIVE DAY

SR 126

Designate; Clint H. Bryant Memorial Bridge; Murray County (TRANS-54th)

SR 374

Designate; Roger Caudell Highway; Stephens County (Substitute) (TRANS-50th)

SR 873 Parish, Emory; commend (TRANS-6th)

SR 1028 Dr. Luke Glenn Garrett, Jr. Memorial Highway; dedicate (TRANS-33rd)

SR 1034 SGT Mathew Vincent Gibbs Memorial Bridge; dedicate (TRANS-7th)

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2045

SR 1093 Durward (Red) Murphy Memorial Bridge; dedicate (TRANS-25th)
SR 1094 Charles S. (Buddy) Cowan, Jr. Memorial Bridge; dedicate (TRANS-25th)
The substitute to the following resolution was put upon its adoption:
*SR 374:
The Senate Transportation Committee offered the following substitute to SR 374:
A RESOLUTION
Commending Roger Caudell and dedicating the "Roger Caudell Highway"; and for other purposes.
WHEREAS, Roger C. Caudell, a native of Banks County, entered the Army Air Force during World War II and served as a flight engineer on the B-29 Bomber and was a member of the fourth crew selected to deliver an atomic bomb upon Japan prior to its surrender; and
WHEREAS, he returned from serving our country to Stephens County and opened on West Currahee Street, now Georgia Highway 365, a grocery, hardware, and farm supply business which he and his family operated for more than 40 years; and
WHEREAS, during the same time he operated a poultry farm and resided beside the same highway; and
WHEREAS, during hard times, he extended credit on a handshake to many families for purchase of groceries, farm supplies, and gasoline and through his community activities became widely known and respected as a generous man who loved his customers and neighbors who lived beside the same road; and
WHEREAS, he served as a deacon of the First Baptist Church of Toccoa for more than 50 years and provided leadership which contributed substantially to the growth and expansion of his church; and
WHEREAS, he served as a trustee of the Stephens County Board of Education and served 15 years as a board member of the Stephens County Department of Family and Children Services; and
WHEREAS, he was instrumental in expanding the poultry industry in Stephens County and for a time was the largest poultry grower in the county; and

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WHEREAS, after the sale of his hardware, grocery, and farm supply business, he joined his son in the construction of residential, commercial, and industrial properties, primarily in Stephens County, and thereby added significantly to the tax base of his county; and

WHEREAS, he is highly respected and recognized as one of the foremost leaders in Northeast Georgia and continues, at age 81, to make significant contributions to his community; and

WHEREAS, it is altogether fitting and proper that the road on which he lived and which served as a connector to his neighbors and friends who experienced his lifelong influence as a generous and guiding leader of his community be dedicated in his honor as a tribute to the legacy of this man who loves his country, his community, and his church and who has set an example through his integrity and leadership for those many friends, neighbors, and recipients of his friendship and assistance.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body commends Roger Caudell for his service to his country, his state, and his community.

BE IT FURTHER RESOLVED that the portion of Georgia State Highway 365 extending east from the Jamieson Intersection to Lake Hartwell at the South Carolina boundary be dedicated as the "Roger Caudell Highway" and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the highway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Roger Caudell and the Department of Transportation.

On the adoption of the substitute, the yeas were 44, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to.

On the adoption of the legislation on the General Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

E Smith E Starr E Staton E Stephens
Stoner

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2047

Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Tate
Y Thomas,D Y Thomas,R E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the legislation, the yeas were 44, nays 0.

The legislation on the General Consent Calendar for Commemorative Resolutions, except SR 374, having received the requisite constitutional majority, was adopted.

SR 374, having received the requisite constitutional majority, was adopted by substitute.

SENATE RULES CALENDAR MONDAY, MARCH 13, 2006 THIRTIETH LEGISLATIVE DAY

SR 804 North Fulton Boundary Commission; create (Substitute)(SLGO(G)-56th)

SR 817

CA: Taxpayers' Dividend Act; restrict amendments that increase appropriations (Substitute)(FIN-48th)

SR 1081 Georgia Broadband Education Task Force; create (RI&Util-28th)

SR 1085

CA: Income Taxation; exclusions for taxpayers 62 and 65 yrs/older (FIN-49th)

SB 191

Environmental Advisory; expedited review for permits under contract (Substitute)(NR&E-20th)

SB 223

Building Mapping Information Sys.; development/implementation; rules/reg. (Substitute)(PS&HS-15th)

2048 SB 431 SB 491 SB 541 SB 565 SB 568 SB 578 SB 582 SB 585 SB 588 SB 596
SB 597 SB 603 SB 618
SB 619

JOURNAL OF THE SENATE
Public Road System; utility fails to remove/relocate facility; responsible to Dept. of Transportation for failure to comply (Substitute)(TRANS-24th)
Traffic Offenses; persons driving under the influence; fifth or subsequent offense; guilty of a felony (PS&HS-50th)
Electronic Mail Address; no person shall transmit any message containing advertising material; penalties (Substitute)(S&T-32nd)
Georgia Trauma Care Network Commission; establish; provide for composition; membership; duties (H&HS-1st)
Dunwoody, City of; provide for charter; incorporation; boundaries; powers (SLGO(G)-40th)
Commercial Waste Tank Truck; rules/regulations of Dept. of Human Resources (TRANS-24th)
University System of Georgia; students; home study program; admissions; authorize board of regents to promulgate rules/regulations (H ED-51st)
Tax Executions; provide ad valorem property taxes/assessments governed by Title 48; purchase/transfer of rights (Substitute)(FIN-48th)
Social Security Numbers; prohibit the use/display of; specified circumstances (Substitute)(AG&CA-21st)
Delivering the Cure; Newborn Umbilical Cord Blood Initiative Act; provide for creation of commission; definitions; donations (Substitute)(S&T-48th)
Tax Appeal Procedures; recovery of certain appeal costs by taxpayer; change provisions (FIN-51st)
Advanced Practice Registered Nurse; enactment of rules/regulations; practitioner; revise definition (Substitute)(H&HS-54th)
Quality Basic Education Act; eligibility of enrollment; children in custody; Dept. of Human Resources/Juvenile Justice; change provisions (Substitute)(ED&Y-56th)
License Plates, Special; persons with brain-related disorders/disabilities; provide for issuance, renewal, fees (PS&HS-46th)

MONDAY, MARCH 13, 2006

2049

SB 620 SB 624 SR 853 SB 636 SB 637 SB 638 SB 610 SB 613 SB 622 SB 402 SB 555 SR 1030 SB 594 SB 572

Motor Vehicle Rental Companies; imposition of fee; provide definitions; procedures, conditions, and limitations (FIN-13th)
Coweta Judicial Circuit; provide for a sixth judge of superior courts (Substitute)(JUDY-28th)
Hospital Health Care Standards Commission; create (Substitute) (H&HS-32nd)
Biodiesel Fuel; define term (Substitute)(TRANS-11th)
Georgia Driver's Education Commission; change membership; distribution of fines/forfeitures; definition (PS&HS-52nd)
Aircraft; liens for labor/contracts of indemnity; filing notice of intention to claim with clerk of superior court (S JUDY-16th)
Charter Schools; virtual/remote setting; computer/internet based instruction for students (ED&Y-56th)
Farmers' Markets; provide safety/security; law enforcement on the premises (AG&CA-11th)
Hospital Acquisition; notice of acquisition to Attorney General; change provisions (Amendment)(JUDY-22nd)
License Plates, Special; create distinctive plates; free of charge for recipients of the Bronze Star (Substitute)(V&MA-10th)
Downtown Development Authorities; provide exception to perpetual existence; quorums; meetings; actions; records (JUDY-3rd)
Georgia Capital Punishment Study Commission; create; study of death penalty; provide for powers; duties (JUDY-39th)
Scholarships; grants; loans; determine eligibility; provide for weighting of grades for honors, advanced placement courses (H ED-12th)
Medical Assistance Managed Care Fraud; establish; define crime; administrative hearings/appeals; change certain prov. (Substitute) (JUDY-7th)

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SB 574 SB 248 SB 249 SB 101 SR 1104 SB 604 SB 602 SB 648
SB 294 SB 583 SB 612 SB 483 SB 550 SB 422

Municipal Corporation; incorporation; provide certification of compliance (SLGO(G)-11th)
Rehabilitation Services; delivery to deaf-blind individuals; procedures (I&L-2nd)
Adoption; provide original birth certificate; fee/waiting period; provision (Amendment)(S JUDY-2nd)
Elected Judge of Superior/State Court; definitions; request hearings (Substitute)(JUDY-37th)
CA: Ad Valorem Tax; bona fide conservation use property; exemption from covenant requirement (FIN-29th)
Buffer Zones; provide for current use assessment for undeveloped land areas (Substitute)(NR&E-29th)
Human Resources, Dept.; mental health; require privatization of one/more state facilities; provide contracts (Substitute)(H&HS-52nd)
Community Health, Dept. of; medical assistance benefits to ineligible individuals; establish comprehensive program to monitor/detect (H&HS-49th)
Timber Harvesting; tree ordinances; provide additional limitations (NR&E-51st)
Criminal Trials; right to trial by jury; provide method for waiver (JUDY-30th)
Hunting; vicinity of feeds; change certain provisions; provide penalties (NR&E-11th)
Public Roads; Dept. of Transportation conduct study of each county; identify road corridors (Substitute)(TRANS-34th)
Mercury Switch Removal Act; provide for collection/recovery program; define terms; mercury minimization plans (Substitute)(NR&E-54th)
Chiropractors; definitions; scope of practice; increase penalty for improper practice (Substitute)(H&HS-45th)

MONDAY, MARCH 13, 2006

2051

Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee
Senator Balfour of the 9th asked unanimous consent that pursuant to Senate Rule 6-9.3, SB 568 and SB 294 be removed from the Senate Rules Calendar and that SB 306 be added to the Calendar in the position previously occupied by SB 568.
The consent was granted, and the order of the Rules Calendar was changed.
The following legislation was read the third time and put upon its passage:

SR 804. By Senators Moody of the 56th and Shafer of the 48th:
A RESOLUTION to create the North Fulton Boundary Commission; and for other purposes.
The Senate State and Local Governmental Operations Committee offered the following substitute to SR 804:
A RESOLUTION
To create the North Fulton Boundary Commission; and for other purposes.
WHEREAS, the area of North Fulton County is populated by three municipalities: Alpharetta, Roswell, and Mountain Park, and two additional municipalities, Milton and Johns Creek, have been proposed; and
WHEREAS, there has been a significant amount of discussion concerning the appropriate boundaries for such municipalities; and
WHEREAS, it is the intent of the General Assembly to permit the local jurisdictions to resolve these issues among themselves, if possible; and
WHEREAS, the General Assembly believes that the establishment of a commission composed of representatives of each of the affected municipalities would be the best vehicle for achieving a resolution of these issues.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the North Fulton Boundary Commission to be composed of one representative each selected by the governing authority of the City of Alpharetta,

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the City of Mountain Park, and the City of Roswell and, if authorized in the 2006 session of the General Assembly, the City of Milton and the City of Johns Creek. The chairperson and vice chairperson of the commission shall be elected from among the members of the commission by the members of the commission.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the boundaries of such municipalities taking into account the conditions, needs, issues, and problems related thereto including the natural boundaries, communities of interest, service delivery, and the preferences of the residents affected and shall prepare a report recommending any changes which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commission shall not receive any compensation for attending the meetings of the commission. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before February 1, 2007. The commission shall stand abolished on February 1, 2007.
On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith E Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams E Zamarripa

On the adoption of the resolution, the yeas were 50, nays 0.

SR 804, having received the requisite constitutional majority, was adopted by substitute.

SR 817. By Senators Shafer of the 48th, Cagle of the 49th, Rogers of the 21st, Schaefer of the 50th, Pearson of the 51st and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to restrict amendments that increase appropriations made by the general appropriations Act; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This resolution shall be known and may be cited as the "Taxpayers Dividend Act."

SECTION 2. Article III, Section IX, Paragraph IV of the Constitution is amended by adding at the end a new subparagraph to read as follows:
(e) A general appropriations Act passed during a regular session of the General
Assembly may not be amended following adjournment sine die of that session if such amendment would increase the amount appropriated in such Act unless that amendment:
(1) Increases the appropriations to fund increased amounts for local school systems solely for increases in student enrollment in such systems; or (2) Is approved by two-thirds of the members of each house. Funds otherwise available for appropriation through an amendment to a general appropriations Act but not appropriated pursuant to subparagraph (1) or (2) of this subparagraph shall be appropriated by the General Assembly during the immediately succeeding regular legislative session following passage of that Act only for purposes of reducing existing state debt, providing for a refund of state taxes, or both such purposes. Appropriations for those purposes shall not be subject to the limitations of subparagraph (1) or (2) of this subparagraph.

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SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to restrict ( ) NO amendments to an enacted general appropriations Act that would
increase appropriations except under certain circumstances?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Finance Committee offered the following substitute to SR 817:
A RESOLUTION
Proposing an amendment to the Constitution so as to restrict amendments that increase appropriations made by the General Appropriations Act; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This resolution shall be known and may be cited as the "Taxpayers Dividend Act."

SECTION 2. Article III, Section IX, Paragraph IV of the Constitution is amended by adding at the end a new subparagraph to read as follows:
(e) A General Appropriations Act passed during a regular session of the General
Assembly may not be amended following adjournment sine die of that session if such amendment would increase the amount appropriated in such Act unless that amendment:
(1) Increases the appropriations to fund increased amounts for local school systems solely for increases in student enrollment in such systems; or (2) Is approved by two-thirds of the members of each house. Funds otherwise available for appropriation through an amendment to a General Appropriations Act but not appropriated pursuant to subparagraph (1) or (2) of this subparagraph shall be appropriated by the General Assembly during the immediately succeeding regular legislative session following passage of that Act only for purposes of reducing existing state debt, increasing the reserve fund, providing for a refund of

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state taxes, or any combination of such purposes. Appropriations for those purposes shall not be subject to the limitations of subparagraph (1) or (2) of this subparagraph.
SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to prohibit increased ( ) NO state spending by amendments to an enacted general appropriations Act
except to fund increased enrollment in local school systems and under certain other circumstances?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith E Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams E Zamarripa

On the adoption of the resolution, the yeas were 48, nays 2.

SR 817, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

SR 1081. By Senators Seabaugh of the 28th, Balfour of the 9th, Hill of the 32nd, Shafer of the 48th and Goggans of the 7th:

A RESOLUTION creating the Georgia Broadband Education Task Force; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

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On the adoption of the resolution, the yeas were 50, nays 0.
SR 1081, having received the requisite constitutional majority, was adopted.
SR 1085. By Senator Cagle of the 49th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a retirement income exclusion of $50,000.00 for taxpayers 62 years of age or older and a complete income exclusion for taxpayers 65 years of age or older; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VII of the Constitution is amended by adding a new section immediately following Section IIA, to be designated Section IIB, to read as follows:
SECTION IIB. INCOME TAX EXCLUSIONS FOR SENIOR CITIZENS
Paragraph I. Income taxation; exclusions. For taxable years beginning on or after January 1, 2009, retirement income from any source of taxpayers 62 years of age or older shall be excluded from Georgia taxable net income in the amount of $50,000.00. For taxable years beginning on or after January 1, 2009, any income from any source of taxpayers 65 years of age or older shall be excluded from Georgia taxable net income.
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to provide for a retirement income exclusion of $50,000.00 for taxpayers 62 years of age
( ) NO or older and a complete income exclusion for taxpayers 65 years of age or older?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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Senators Golden of the 8th, Hooks of the 14th and Brown of the 26th offered the following amendment #1:
Amend SR 1085 by striking "65" and inserting in it place "70" on lines 3, 15, and 22 of page 1.
By striking "$50,000.00" and inserting in its place "$75,000.00" on lines 2, 13, and 21 of page 1.

Senators Stoner of the 6th and Brown of the 26th offered the following amendment #1a:
Amend the amendment to SR 1085 (AM 18 1300) by adding after the last line thereof the following:
By striking "a complete income exclusion" on lines 2 and 3 of page 1 and inserting in its place "an exclusion of the first $100,000.00 of income from any source".
By striking "any income" on line 14 of page 1 and inserting in its place "the first $100,000.00 of income".
By striking "a complete income exclusion" from line 22 of page 1 and inserting in its place "an exclusion of the first $100,000.00 of income from any source".
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 N Carter Y Chance Y Chapman N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed N Rogers Y Schaefer

Y Smith E Starr E Staton N Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C E Thompson,S N Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp N Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

N Williams E Zamarripa

On the adoption of the amendment, the yeas were 42, nays 9, and the Stoner, Brown amendment #1a was adopted.

On the adoption of the amendment, the yeas were 35, nays 5, and the Golden, et al. amendment #1 was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the resolution, the yeas were 49, nays 2.

SR 1085, having received the requisite two-thirds constitutional majority, was adopted as amended.

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SB 191. By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide for expedited review of certain applications for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 191:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide for expedited review of certain applications for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, is amended by striking paragraph (1) of subsection (c) and inserting in lieu thereof the following:
(c)(1)(A) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall notify all permit or variance applicants within 30 days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension

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of time of not more than 60 days within which to grant or deny the permit or variance. (B)(i) The director may identify professionals qualified to review certain permit applications in accordance with rules and regulations adopted by the board of the Department of Natural Resources. (ii) A permit applicant may retain a qualified professional to review an application prior to submittal to the division. If the qualified professional certifies an application as complete, the division shall act expeditiously on the application. (iii) A qualified professional certifying an application shall be independent of any professional preparing the application. (iv) The applicant shall directly pay the fees of the qualified professional. (v) The director may remove the qualified status of a professional if the professional provides a certification for an inaccurate application.
(C) When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort

Y 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 Smith E Starr E Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C E Thompson,S

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Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 191, having received the requisite constitutional majority, was passed by substitute.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

SB 223. By Senators Harbison of the 15th, Johnson of the 1st and Brown of the 26th:

A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the development and implementation of a state-wide first responder building mapping information system; to provide legislative findings and declarations; to provide for definitions; to provide for grants to local governments; to provide for rules and regulations; to provide for immunity; to repeal conflicting laws; and for other purposes.

The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 223:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to authorize the development and implementation of a state-wide first responder building mapping information system; to provide legislative findings and declarations; to provide for definitions; to provide for rules and regulations; to provide for immunity; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new article to read as follows:
ARTICLE 7 38-3-100. The General Assembly recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and fire fighters to evacuate or secure a building. To better prepare for responding to disasters, criminal acts, and acts of terrorism, the General Assembly intends to create a state-wide first responder building mapping information system that will provide first responders with information they need to be successful when disaster strikes. The first responder building mapping information system shall be developed for this limited and specific purpose and does not impose standards or system requirements on any other mapping systems used for any other purpose.
38-3-101. As used in this article, the term:
(1) 'Agency' means the Georgia Emergency Management Agency established by Code Section 38-3-20. (2) 'Building mapping information system' means a state-wide informational system containing maps of designated public buildings which shall readily be made available to emergency first responders. (3) 'Director' means the director of the agency.
38-3-102. (a) Subject to availability of funds for such purposes, the agency is authorized to create and operate the state-wide building mapping information system and may make grants to local governments for purposes of this article. Once the building mapping information system is operational, the agency shall make the building mapping information available electronically to all state, local, and federal law enforcement agencies, the Georgia Department of Defense, and public fire departments. (b) Once the building mapping information system is operational, it shall be within the discretion of state and local agencies to determine which government owned or leased buildings, if any, should be mapped with special consideration given to schools, courthouses, and larger public structures utilized by large numbers of employees or private citizens. Nothing in this article requires any state or local agency to map any building. (c) State and local agencies electing to participate in the building mapping information system once the system is operational shall forward to the agency the building mapping information as provided in subsection (d) of this Code section. Any private entity or department or agency of the federal government that desires to participate in the system may also voluntarily forward its building mapping information to the agency. The

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agency may refuse any information that does not comply with the agencys specifications and requirements. (d) The agency is authorized to develop rules and regulations for the purpose of
implementing the provisions of this Code section. Such rules and regulations shall specify: (1) The type of information to be included in the building mapping information system which shall at a minimum include floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information; (2) The building mapping software standards that shall be utilized by all entities participating in the building mapping information system; and (3) Security procedures to ensure that the information is only made available to the government entity that either owns or operates the building or is responding to an emergency incident at the building. (e) The agency is authorized to pursue federal funds or other sources of funding for the creation and operation of the building mapping information system and is further authorized to seek or assist state and local agencies in obtaining grants or donations for the mapping of government owned or leased buildings. (f) Information provided to the agency under this article shall be exempt from public disclosure to the extent provided in subsection (a) of Code Section 50-18-72. (g) The agency may recommend training guidelines regarding use of the building mapping information system for law enforcement officers, firefighters, and other authorized emergency first responders. (h) Nothing in this Code section supersedes the authority of state departments and agencies and local governments to control and maintain access to information within their independent systems.
38-3-103. Local governments and agencies and their employees shall be immune from civil liability for any damages arising out of the creation and use of the building mapping information system unless it is shown that an employee acted with gross negligence or bad faith.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman 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 E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Smith E Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

SB 223, having received the requisite constitutional majority, was passed by substitute.

SB 431. By Senators Whitehead, Sr. of the 24th, Stephens of the 27th, Williams of the 19th, Pearson of the 51st, Heath of the 31st and others:

A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order the removal and relocation of utility facilities occupying any part of the public road system, so as to provide that a utility that fails to remove or relocate a facility in a timely manner shall be responsible to the department and its contractors for failure to comply; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Transportation Committee offered the following substitute to SB 431:

A BILL TO BE ENTITLED AN ACT

To amend Part 1 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order the

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removal and relocation of utility facilities occupying any part of the public road system, so as to provide that a utility that fails to remove or relocate a facility in a timely manner shall be responsible to the department and its contractors for failure to comply; to provide for the department to establish written procedures for implementation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order the removal and relocation of utility facilities occupying any part of the public road system, is amended by striking Code Section 32-6-171 in its entirety and inserting in its place the following:
32-6-171. (a) Any utility using or occupying any part of a public road which the department has undertaken to improve or intends to improve shall remove, and relocate, or make the necessary adjustments to its facility when, in the reasonable opinion of the department, the facility constitutes an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the reasonable opinion of the department, the facility will interfere with such contemplated construction or maintenance. (b) Whenever the department reasonably determines it necessary to have a utility facility removed, and relocated, or adjusted, the department shall give to the utility at least 60 days written notice directing it to begin the physical removal, and or relocation, or adjustment of such utility obstruction or interference. If such notice is part of a highway improvement project, it is normally provided at the date of advertisement or award. However, prior to the notice directing the physical removal, relocation, or adjustment of a utility facility, the utility and the department shall adhere to the departments utility relocation procedures for public road improvements which shall include but not be limited to the following:
(1) The submission by the department to the utility of a letter and set of preliminary plans for the proposed highway improvement project and the utilitys submission to the department of written confirmation acknowledging receipt of the plans; (2) The utilitys submission to the department of plans showing existing and proposed locations of facilities within a reasonable time as specified by the department in the letter required under paragraph (1) of this subsection; provided, however, the time specified by the department shall not be sooner than 30 days and shall not be greater than 120 days; and (3) The utilitys submission shall include with the plans a work plan in a manner and time frame established by the departments written procedures and instructions. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering and other procedures reasonably necessary to the removal and relocation of the utility facility the time specified in the work plan, the department may

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give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If such utility does not, within ten days from receipt of such final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time the time specified in the work plan, the department may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, or other necessary services or materials and whatever else is necessary to accomplish the removal or relocation; and the expenses of such removal or relocation may be paid and collected as provided in Code Section 32-6-173. If utility removal, relocation, or adjustment work is found necessary after the letting date of the highway improvement project, the utility shall provide a revised work plan within 30 calendar days after becoming aware of such additional work or upon receipt of the departments written notification advising of such additional work. The utilitys revised work plan shall be reviewed by the department to ensure compliance with additional work. (c) In addition to the foregoing, the owner of the utility shall be responsible for and liable to the department or its contractors for documented damages resulting from its failure to comply with the submitted and approved work plan. If the utility owner fails to provide a work plan or fails to complete the removal, relocation, or adjustment of its facilities in accordance with the work plan approved by the department, then the utility owner shall be liable to the contractor for all delay costs incurred by the contractor and approved by the department which are caused by or which grow out of the failure of the utility owner to carry out and complete its work in accordance with the approved work plan or in a timely and reasonable manner if a work plan or revised work plan was not submitted.
SECTION 2. This Act shall become effective on July 1, 2006.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch

Hill,Jack Y Hill,Judson E Hooks Y Hudgens

Y Smith E Starr E Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 431, having received the requisite constitutional majority, was passed by substitute.

Senator Fort of the 39th introduced the doctor of the day, Dr. Rutledge Forney.

Senator Kemp of the 46th asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.

Senator Thomas of the 54th asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

The Calendar was resumed.

SB 491. By Senators Schaefer of the 50th, Grant of the 25th, Douglas of the 17th and Balfour of the 9th:

A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person convicted of driving under the influence of drugs, alcohol, or other intoxicating substances on the fifth or subsequent offense

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shall be guilty of a felony; to prescribe the punishment therefor; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown
Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis E Pearson Y Powell Y Reed E Rogers Y Schaefer E Seabaugh
Seay Y Shafer,D

Y Smith E Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles
Williams E Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

SB 491, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Tommie Williams District 19 236 State Capitol Atlanta, GA 30334

Committees: Appropriations Finance Banking and Financial Institutions Reapportionment and Redistricting Regulated Industries and Utilities Rules Transportation

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The State Senate Atlanta, Georgia 30334
Please record me as a yea vote on SB 491.
/s/ Tommie Williams
SB 541. By Senators Hill of the 32nd, Pearson of the 51st, Staton of the 18th and Chance of the 16th:
A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, so as to provide that no person shall transmit to an electronic address in Georgia any message that contains advertising material for viewing, use, consumption, sale, lease, or rental only by persons over 18 years of age unless the first eight characters of the subject line are "ADV:ADLT"; to provide for penalties; to provide for civil actions; to provide for damages; to repeal conflicting laws; and for other purposes.
The Senate Science and Technology Committee offered the following substitute to SB 541:
A BILL TO BE ENTITLED AN ACT
To amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, so as to provide that no person shall transmit to an electronic address in Georgia any message that contains advertising material for viewing, use, consumption, sale, lease, or rental only by persons over 18 years of age unless the first eight characters of the subject line are "ADV:ADLT"; to provide for penalties; to provide for civil actions; to provide for damages; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, is amended by inserting immediately after Code Section 16-9-93.1 a new Code section to read as follows:
16-9-93.2. (a) No person shall initiate, conspire with another to initiate, or assist the transmission of a commercial electronic mail message from a computer located in Georgia or to an electronic mail address that the sender knows is held by a Georgia resident if such message contains advertising material for viewing, use, consumption, sale, lease, or

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rental only by persons over 18 years of age, including but not limited to content which is obscene as such term is defined in Code Section 16-12-80, unless the first eight characters of the subject line are 'ADV:ADLT.' As used in this subsection, the term 'transmission' does not include the acts of an intermediary that transmits, routes, relays, or temporarily stores, through an automatic technical process, the electronic mail on behalf of another where the intermediary does not choose the recipient of the electronic mail. (b) Any person convicted of violating the provisions of this Code section shall be fined not more than $1,500.00 for each such transmission. For purposes of this Code section, each delivery of a message to a prohibited electronic address shall constitute a separate offense. (c) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be sentenced to serve not less than one nor more than 20 years in prison or to pay a fine of not less than $1,000.00 nor more than $500,000.00, or both. (d) The following persons may bring an action against a person who violates or is in violation of this Code section:
(1) Any person who is engaged in the business of providing Internet access service to the public, owns a website, or owns a trademark and is adversely affected by a violation of this Code section; an action brought under this paragraph may seek to recover the greater of actual damages or $500,00.00; and (2) An individual who is adversely affected by a violation of this Code section, but only against a person who has directly violated subsection (b) of this Code section; an action brought under this paragraph may seek to enjoin further violations of this Code section and to recover the greater of three times the amount of actual damages or $5,000.00 for each violation. (e) The Attorney General or a district attorney may bring an action against a person who violates or is in violation of subsection (b) of this Code section to enjoin further violations of this Code section and to recover a civil penalty not to exceed $2,500.00 for each violation. (f) In a civil action pursuant to subsection (d) of this Code section, a court may, in addition to the remedies provided in such subsection, increase the recoverable damages to an amount up to three times the damages otherwise recoverable in cases in which the defendant has engaged in a pattern and practice of violating this Code section or award costs of the action and reasonable attorneys fees to a prevailing plaintiff, or both. (g) The remedies provided in this Code section do not preclude the seeking of any other remedies, including criminal remedies, under any other applicable provision of law. (h) For purposes of paragraph (1) of subsection (d) of this Code section, multiple violations of this Code section resulting from any single action or conduct shall constitute one violation.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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Senators Shafer of the 48th and Hill of the 32nd offered the following amendment:
Amend the Senate Science and Technology Committee substitute to SB 541 by striking line 9 of page 2 and inserting in lieu thereof the following:
of actual damages or $500,000.00; and
On the adoption of the amendment, the yeas were 38, nays 0, and the Shafer, Hill of the 32nd amendment was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell Y Reed E Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 541, having received the requisite constitutional majority, was passed by substitute.

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SB 565. By Senators Staton of the 18th, Unterman of the 45th, Schaefer of the 50th, Chance of the 16th, Goggans of the 7th and others:

A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to establish the Georgia Trauma Care Network Commission; to provide for its composition, membership, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr E Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 565, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

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SB 306. By Senators Hamrick of the 30th and Harp of the 29th:
A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 306:
A BILL TO BE ENTITLED AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change provisions relating to duty of the clerk of superior court to record certain transactions and duties as to lien book; to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking subparagraph (a)(1)(C) of Code Section 44-2-2, relating to the duty of the clerk of the superior court to record certain transactions, and inserting in lieu thereof the following:
(C) Liens of all kinds except hospital liens; and
SECTION 2. Said title is further amended by striking Code Section 44-14-471, relating to filing of verified statement, and inserting in lieu thereof the following:
44-14-471. (a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice:
(1) Shall, not less than 30 15 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the

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best of the claimants knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patients failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file, no sooner than 30 days after the date of the written notice provided for in this Code section, in the office of the clerk of the superior court of the county in which the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, which statement must be filed within the following time period:
(A) If the statement is filed by a hospital, nursing home, or provider of traumatic burn care medical practice, then the statement shall be filed within 75 days after the person has been discharged from the facility; or (B) If the statement is filed by a physician practice, then the statement shall be filed within 90 days after the person first sought treatment from the physician practice for the injury. (b) The filing of the claim or lien shall be notice thereof to all persons, firms, or corporations liable for the damages, whether or not they received the written notice provided for in this Code section. The failure to perfect such lien by timely complying with the notice and filing provisions of paragraphs (1) and (2) of subsection (a) of this Code section in accordance with this Code section shall invalidate such lien, except as to any person, firm, or corporation liable for the damages, which receives prior to the date of any release, covenant not to bring an action, or settlement, actual notice of a notice and filed statement made under subsection (a) of this Code section, via hand delivery, certified mail, return receipt requested, or statutory overnight delivery with confirmation of receipt.
SECTION 3. Said title is further amended by striking Code Section 44-14-472, relating to duties of the clerk of the superior court as to lien book, and inserting in lieu thereof the following:
44-14-472. The clerk of the superior court shall endorse the date and hour of filing on the statement

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filed pursuant to Code Section 44-14-471; and, at the expense of the county, the clerk shall provide a lien book with a proper index in which the clerk shall enter the date and hour of the filing; the names and addresses of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice, the operators thereof, and the patient; and the amount claimed. Notwithstanding the provisions in Code Section 44-2-2, a lien provided for in Code Section 44-14-470 shall be filed in a separate docket from and shall not be commingled with judgment liens, materialmens liens, mechanics liens, tax liens, lis pendens notices, or any other liens that attach to the person or property of an individual. The information shall be recorded in the name of the patient. The clerk shall receive a fee as required by subparagraph (f)(1)(A) of Code Section 15-6-77 as his or her fee for such filing.
SECTION 4. Said title is further amended by striking Code Section 44-14-473, relating to the effect of a covenant not to bring an action, and inserting in lieu thereof the following:
44-14-473. (a) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Code Section 44-14-470 unless the holder thereof shall join therein or execute a release of the lien; and the claimant or assignee of the lien may enforce the lien by an action against the person, firm, or corporation liable for the damages or such person, firm, or corporations insurer. If the claimant prevails in the action, the court may allow reasonable attorneys fees. The action shall be commenced against the person liable for the damages or such persons insurer within one year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction. (b) No release or covenant not to bring an action which is made before or after the patient was discharged from the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice or, with respect to a physician practice, which is made after the patient first sought treatment from the physician practice for the injuries shall be effective against the lien perfected in due time as provided in subsection (a) of this Code section, regardless of whether the in accordance with Code Section 44-4-471, if such lien is perfected prior to the date of the release, covenant not to bring an action, or settlement was made prior to the time of the filing of the lien as specified in Code Sections 44-14-470 and 44-14-471 unless consented to by the lien claimant; provided, however, that any person, firm, or corporation which consummates a settlement, release, or covenant not to bring an action with the person to whom hospital, nursing home, physician practice, or traumatic burn care medical practice care, treatment, or services were furnished and which first procures therefrom from the injured party an affidavit as prescribed in subsection (c) of this Code section shall not be bound or otherwise affected by the lien except as provided in subsection (c) of this Code section, regardless of when the settlement, release, or covenant not to bring an action was consummated.

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(c) The affidavit shall affirm: (1) That all hospital, nursing home, physician practice, or provider of traumatic burn care medical practice bills incurred for treatment for the injuries for which a settlement is made have been fully paid; and (2) The county of residence of such affiant, if a resident of this state;
provided, however, that the person taking the affidavit shall not be protected thereby where the affidavit alleges the county of the affiants residence and the lien of the claimant is at such time on file in the office of the clerk of the superior court of the county and is recorded in the name of the patient as it appears in the affidavit.

SECTION 5. Said title is further amended by striking Code Section 44-14-475, relating to the effect of this part on a settlement before entry into a hospital, nursing home, or traumatic burn care medical facility, and inserting in lieu thereof the following:
44-14-475. No settlement or release entered into or executed prior to the entry of the injured party into the hospital, nursing home, physician practice, or facility which provides traumatic burn care medical practice or prior to the time the patient first sought treatment from the physician practice for the injuries shall be affected by or subject to the terms of this part.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson

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Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 306, having received the requisite constitutional majority, was passed by substitute.

SB 578. By Senators Whitehead, Sr. of the 24th, Cagle of the 49th, Hudgens of the 47th, Tolleson of the 20th and Stephens of the 27th:

A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the O.C.G.A., relating to sewage holding tanks, and Chapter 2 of Title 31 of the O.C.G.A., relating to the Department of Human Resources, so as to provide that a commercial waste tank truck receiving or disposing of commercial waste may be inspected and permitted annually pursuant to rules and regulations promulgated by the Department of Human Resources; to provide for certain provisions allowing for the satisfaction of Title 12 inspection requirements by inspections required in Title 31; to provide for certain provisions allowing for the satisfaction of Title 31 inspection requirements by inspections required in Title 12; to provide that inspections satisfied in one county or municipality in the state shall be accepted throughout the state; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle
Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C

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Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Mullis Y Pearson Y Powell
Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

SB 578, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator David Adelman District 42 303-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Special Judiciary Health and Human Services Judiciary Rules

The State Senate Atlanta, Georgia 30334

On SB 578 I had a voting equipment malfunction. It should have registered a "yea" vote.

/s/ David Adelman District 42

SB 582. By Senators Pearson of the 51st, Cagle of the 49th, Schaefer of the 50th, Rogers of the 21st and Douglas of the 17th:

A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that students who have completed a home study program who apply for admission to member institutions of the University System of Georgia as an undergraduate student and who meet certain criteria shall be considered for admission under the same basis; to authorize the board of regents to promulgate rules and regulations regarding such admissions; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 582, having received the requisite constitutional majority, was passed.

SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th:

A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes.

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The Senate Finance Committee offered the following substitute to SB 585:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to parties in execution, is amended by striking in its entirety Code Section 9-13-36, relating to the transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, and inserting in lieu thereof the following:
9-13-36. (a) Except as provided in subsection (b) of this Code section, whenever Whenever any person other than the person against whom the same has issued pays any execution issued without the judgment of a court, under any law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such persons residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution. (b) The provisions of this Code section shall not apply to executions for ad valorem property taxes or assessments, which shall be governed exclusively by Chapters 2, 3, and 4 of Title 48.
SECTION 2. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-19, which is reserved, and

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inserting in lieu thereof the following: 48-3-19.
Reserved. (a) As used in this Code section, the term:
(1) 'Delinquent taxpayer' means the person against whom an execution has been issued. (2) 'Execution' means an execution issued for the collection of any ad valorem taxes or assessments, fees, penalties, interest, or collection costs due the state, any political subdivision thereof, or any municipality. (3) 'Tax official' means the official who issued the execution. (4) 'Transferee' means a person to whom an execution is transferred. (b) Upon request of any person other than the delinquent taxpayer who pays the amount then owing on an execution, the tax official may, at his or her discretion, transfer the execution to the person making the payment who shall then be a transferee. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed by the tax official. The transferee may record the transfer with the clerk of the superior court of the county where the property giving rise to the execution is located. (c) The transferee shall not be authorized to exercise any right to enforce collection of an execution until 12 months after the date of transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. A transferee with multiple outstanding executions against the same delinquent taxpayer or the same property shall not be subject to the time period requirements of this provision with respect to any of such executions if at least one of the executions meets such requirements. (d) Within 30 days from the date of the transfer, the tax official shall send notice of the transfer of the execution to the delinquent taxpayer at the last known address therefor by first class mail and may charge the transferee a reasonable fee therefor, which fee shall be added to the amount due under the execution. The notice shall contain the following: (1) The name and mailing address for the transferee; (2) The amount paid by the transferee for the execution, the amount added as a fee for mailing of the notice, and a statement of the interest rate applicable to the execution; and (3) Such other information as the tax official desires to include. (e) Until the execution is paid or satisfied, on or before October 1 of each year after the calendar year in which the transfer occurred, the transferee shall send an updated notice by first class mail to the same person or entity at the same address to whom notice was given under subsection (c) of this Code section providing the amount then necessary to satisfy such execution and any updated name or address of the transferee. If a transferee fails to provide such notice, the transferee shall not be entitled to collect interest which has accrued since the date such notice was to have been given unless and until such failure is cured by providing proper notice and allowing the person or entity a

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period of 30 days to pay such execution. (f) A transferred execution shall bear interest as specified in Code Section 48-2-40 on the amount paid for such execution from the date of the transfer plus any fee added under subsection (d) of this Code section plus recording fees actually expended in recording the transfer and cancellation of the execution and such other penalties as are provided for in this title. This limitation on the amount charged for release or satisfaction of an execution shall be absolute, and it shall be unlawful to charge any other fees or charges of any kind for such a release or satisfaction. (g) The transferee shall provide to the tax official the transferees mailing address, together with any additional contact information the tax official may require.
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 48-3-20, relating to interest on transferred executions, and inserting in lieu thereof the following:
48-3-20. All tax executions, when recorded as prescribed by law and which have been transferred to third persons, shall bear interest at the rate specified in Code Section 482-40 from the date of transfer. (a) It shall be unlawful for any of the following persons or any employee of any such person to pay a tax execution in order to obtain a transfer of such tax execution:
(1) County tax receivers, tax collectors, and tax commissioners; (2) Members of county boards of tax assessors; (3) Members of county boards of equalization; and (4) County tax appraisers. (b) Any execution transferred in violation of this Code section shall be void and unenforceable by the person obtaining the execution and such persons successors in interest. (c) Any person violating this Code section shall upon conviction be guilty of a misdemeanor.
SECTION 4. The provisions of this Act shall apply to all executions transferred on or after July 1, 2006. Executions transferred prior to July 1, 2006, shall not be affected by this Act.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 1, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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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 N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 49, nays 4.

SB 585, having received the requisite constitutional majority, was passed by substitute.

SB 588. By Senators Rogers of the 21st, Shafer of the 48th and Staton of the 18th:

A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 588:

A BILL TO BE ENTITLED AN ACT

To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to

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provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, is amended by inserting a new Code Section 10-1393.8, immediately following Code Section 10-1-393.7, relating to solicitations during final illness, to read as follows:
10-1-393.8. (a) Except as otherwise provided in this Code section, a person, firm, or corporation shall not:
(1) Publicly post or publicly display in any manner an individuals social security number. As used in this Code section, 'publicly post' or 'publicly display' means to intentionally communicate or otherwise make available to the general public; (2) Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted; or (3) Require an individual to use his or her social security number to access an Internet website, unless a password or unique personal identification number or other authentication device is also required to access the Internet website. (b) This Code section shall not apply to: (1) The collection, release, or use of an individuals social security number as required by state or federal law; (2) The inclusion of an individuals social security number in an application, form, or document sent by mail, electronically transmitted, or transmitted by facsimile:
(A) As part of an application or enrollment process; (B) To establish, amend, or terminate an account, contract, or policy; or (C) To confirm the accuracy of the individuals social security number; (3) The use of an individuals social security number for internal verification or administrative purposes; or (4) An interactive computer service providers or a telecommunications providers transmission or routing of, or intermediate temporary storage or caching of, an individuals social security number. (c) This Code section shall not impose a duty on an interactive computer service provider or a telecommunications provider actively to monitor its service or to affirmatively seek evidence of the transmission of social security numbers on its service. (d) Notwithstanding the provisions of this Code section, the clerks of superior court of this state shall be held harmless for filing, publicly posting, or publicly displaying any document containing an individuals social security number that the clerk is otherwise required by law to file, publicly post, or publicly display for public inspection.

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SECTION 2. This Act shall become effective on July 1, 2006.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Thompson of the 33rd and Reed of the 35th offered the following amendment #1:

Amend the committee substitute to SB 588 by adding a new Section 2. and renumbering the remaining Sections accordingly to read as follows:

It shall be unlawful for any person in the state legally or illegally to use a false, altered, stolen or illegally manufactured Social Security card for purposes of gaining employment or registration of an automobile. In addition to federal law a person committing the above offense who is in this state illegally shall be guilty of a felony punishable by not less than 10 years in prison and a $10,000 fine.

Senator Rogers of the 21st offered the following amendment #1a:

Amend amendment #1 to SB 588 by adding on line 5 between words "to" and "use" the word "knowingly"

On the adoption of the amendment, the yeas were 35, nays 0, and the Rogers amendment #1a was adopted.

On the adoption of the amendment, Senator Thompson of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant

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 Smith Y Starr E Staton Y Stephens
Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber

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Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the amendment, the yeas were 49, nays 3, and the Thompson of the 33rd, Reed amendment #1 was adopted as amended.

On the adoption of the substitute, the yeas were 47, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen 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 E Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

SB 588, having received the requisite constitutional majority, was passed by substitute.

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SB 596. By Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the 46th, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to prohibit human cloning; to provide for civil and criminal penalties; to provide for related matters; to amend Article 3 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
The Senate Science and Technology Committee offered the following substitute to SB 596:
A BILL TO BE ENTITLED AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Delivering the Cure: Newborn Umbilical Cord Blood Initiative Act."

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SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Chapter 46 to read as follows:
CHAPTER 46
31-46-1. The General Assembly finds and declares that:
(1) Over 100 million Americans and two billion other humans worldwide suffer from diseases that may eventually be treated more effectively or even cured with stem cells; (2) Stem cell research has been hampered by the controversy over embryonic stem cells; (3) Stem cells are not found only in embryos; (4) The umbilical cord, placenta, and amniotic fluid are rich in stem cells which may be used for scientific research and medical treatment without destroying embryos; (5) Stem cell research using stem cells from postnatal tissue and fluid has already resulted in treatments for anemia, leukemia, lymphoma, lupus, multiple sclerosis, rheumatoid arthritis, sickle cell disease, spinal cord injury, and Crohns disease; (6) Stem cell therapies using stem cells from postnatal tissue and fluid are being studied for diseases as wide-ranging and diverse as corneal degeneration, heart disease, stroke, Parkinsons disease, and Alzheimers disease; and (7) It shall be the public policy of this state to encourage the donation, collection, and storage of stem cells collected from postnatal tissue and fluid and to make such stem cells available for both scientific research and medical treatment. It shall be the public policy of this state to encourage ethical research in life science and regenerative medicine.
31-46-2. As used in this chapter, the term:
(1) 'Amniotic fluid' means the fluid inside the amnion. (2) 'Embryo' means a living organism of the species homo sapiens from the singlecelled stage to eight weeks development. (3) 'Fetus' means a living organism of the species homo sapiens from eight weeks development until complete expulsion or extraction from a womans body or until removal from an artificial womb or other similar environment designed to nurture the development of such organism. (4) 'Placenta' means the organ that forms on the inner wall of the human uterus during pregnancy. (5) 'Postnatal tissue and fluid' means the placenta, umbilical cord, and amniotic fluid expelled or extracted in connection with the birth of a human being. (6) 'Somatic cell' means a diploid cell having a complete set of chromosomes obtained or derived from a living or deceased human body at any stage of

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development. (7) 'Stem cells' means unspecialized or undifferentiated cells that can self-replicate and have the potential to differentiate into specialized cell types. (8) 'Umbilical cord' means the gelatinous tissue and blood vessels connecting an unborn human being to the placenta.
31-46-3. (a) Not later than June 30, 2007, the Georgia Commission for the Newborn Umbilical Cord Blood Initiative, as created in Code Section 31-46-4, shall establish a network of postnatal tissue and fluid banks in partnership with one or more public or private colleges or universities, public or private hospitals, nonprofit organizations, or private firms in this state for the purpose of collecting and storing postnatal tissue and fluid. The bank network, which shall be known as the Newborn Umbilical Cord Blood Bank, shall make such tissue and fluid available for scientific research and medical treatment in accordance with this chapter. Any person giving birth to a child in Georgia may contribute postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank. (b) Beginning June 30, 2007, all physicians and hospitals in this state shall inform pregnant patients of the opportunity to donate postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank no later than 30 days from the commencement of the patients third trimester of pregnancy or at the first consultation between the attending physician or the hospital, whichever is later; provided, however, that this subsection shall not be construed to require the participation of any physician who objects to the transfusion or transplantation of blood on the basis of bona fide religious beliefs. (c) Persons seeking postnatal tissue and fluid from the Newborn Umbilical Cord Blood Bank for scientific research and medical treatment shall enter into an agreement with the bank to offset the costs associated with the bank as well as the expenses incurred in the collection and storage of the postnatal tissue and fluid. (d) Nothing in this Code section shall be construed to prohibit a person from donating postnatal tissue or fluid to a private blood and tissue bank or storing postnatal tissue or fluid with a private blood and tissue bank. (e) Any college or university, hospital, nonprofit organization, or private firm participating in the Newborn Umbilical Cord Blood Bank shall have or be subject to an institutional review board which shall be available on an ongoing basis to review the research procedures and conduct of any person desiring to conduct research with postnatal tissue and blood from the bank. The institutional review board shall establish procedures to protect and ensure the privacy rights of postnatal tissue and fluid donors consistent with applicable federal guidelines.
31-46-4. (a) There is created the Georgia Commission for the Newborn Umbilical Cord Blood Initiative which shall consist of 15 members appointed as provided in this Code section. (b) Seven members shall be appointed by the Governor, one of whom shall be a representative of a public college, university, or medical school. The Governor shall

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appoint four members to serve initial terms of three years and three members to serve initial terms of two years. Thereafter, successors to such initial appointees shall serve terms of three years. The Governor shall designate one of the persons so appointed to be the chairperson of the commission. If the chief executive officer of the Georgia Research Alliance is not appointed by the Governor or any other appointing authority to serve on the commission, he or she shall serve as an advisory member. (c) Four members shall be appointed by the Lieutenant Governor or, if the Lieutenant Governor belongs to a political party other than the political party to which a majority of the members of the Senate belong, by the Senate Committee on Assignments. Of these four members, there shall be at least one of each of the following: a physician licensed to practice medicine in this state; a recognized medical ethicist with an accredited degree in medicine, medical ethics, or theology; a scientific researcher in stem cell research; and an attorney with experience in public health or biotechnology law. The Lieutenant Governor or Senate Committee on Assignments shall appoint two members to serve initial terms of three years and two members to serve initial terms of two years. Thereafter, successors to such initial appointees shall serve terms of three years. (d) Four members shall be appointed by the Speaker of the House of Representatives. Of these four members, there shall be at least one of each of the following: a physician licensed to practice medicine in this state; a recognized medical ethicist with an accredited degree in medicine, medical ethics, or theology; a scientific researcher in stem cell research; and an attorney with experience in public health or biotechnology law. The Speaker of the House of Representatives shall appoint two members to serve initial terms of three years and two members to serve initial terms of two years. Thereafter, successors to such initial appointees shall serve terms of three years. (e) Members of the commission shall be eligible to succeed themselves. The initial terms of office shall begin on July 1, 2006. Appointments shall be made by the respective appointing authorities no later than June 15, 2006. Thereafter, appointments of successors shall be made by the respective appointing authority no later than June 1 of the year in which the members term of office expires. Vacancies shall be filled for the unexpired term by the respective appointing authority. (f) The commission shall meet at least four times per year at the call of the chairperson or upon the request of at least seven of its members. (g) The commission shall have the following duties and responsibilities:
(1) To investigate the implementation of this chapter and to recommend any improvements to the General Assembly; (2) To make available to the public the records of all meetings of the commission and of all business transacted by the commission; (3) To oversee the operations of the Newborn Umbilical Cord Blood Bank established in Code Section 31-46-3, including approving all fees established to cover administration, collection, and storage costs; (4) To undertake the Newborn Umbilical Cord Blood Initiative by promoting awareness of the Newborn Umbilical Cord Blood Bank and encouraging donation of

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postnatal tissue and fluid to the bank; (5) To ensure the privacy of persons who donate umbilical cord blood and placental tissue to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of Code Section 31-46-3 consistent with applicable federal guidelines; (6) To develop a plan for making postnatal tissue and fluid collected under the Newborn Umbilical Cord Blood Initiative available for scientific research and medical treatment; (7) To develop a plan for private storage of postnatal tissue and fluid for medical treatment or to make potential donors aware of private storage options for said tissue and fluid as deemed in the public interest; (8) To participate in the National Cord Blood Program and to register postnatal tissue and fluid collected with registries operating in connection with the program; (9) To employ such staff and to enter into such contracts as may be necessary to fulfill its duties and responsibilities under this chapter subject to funding by the General Assembly; and (10) To report annually to the General Assembly in December of each year concerning the activities of the commission with recommendations for any legislative changes or funding necessary or desirable to fulfill the goals of this chapter. (h) The commission shall provide for protection from disclosure of the identity of persons making donations to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of Code Section 31-46-3. (i) The commission may request additional funding from any additional source including, but not limited to, federal and private grants. (j) The commission may establish a separate not for profit organization or foundation for the purposes of supporting the Newborn Umbilical Cord Blood Bank established pursuant to Code Section 31-46-3.
SECTION 3. Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, is amended by adding at its end a new Code Section 48-7-63 to read as follows:
48-7-63. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2006, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to nonembryonic stem cell research through the Georgia Commission for the Newborn Umbilical Cord Blood Initiative by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayers payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which the commission was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the commission may designate

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such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia Commission for the Newborn Umbilical Cord Blood Initiative.

SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall apply to all taxable years beginning on and after January 1, 2006.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Shafer of the 48th offered the following amendment:

Amend the committee substitute (LC 38 0145S) to SB 596 by adding the following sentence after the quotation mark at page 1, line 15:

"This Act may also be known and cited as Keone's Law."

On the adoption of the amendment, the yeas were 42, nays 0, and the Shafer amendment was adopted.

On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C

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Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

SB 596, having received the requisite constitutional majority, was passed by substitute.

SB 597. By Senators Pearson of the 51st, Balfour of the 9th, Cagle of the 49th, Powell of the 23rd, Schaefer of the 50th and others:

A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

SB 597, having received the requisite constitutional majority, was passed.

Senator Thompson of the 33rd asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.

SB 603. By Senators Thomas of the 54th, Goggans of the 7th, Balfour of the 9th, Williams of the 19th, Unterman of the 45th and others:

A BILL to be entitled an Act to amend Code Section 16-13-21 of the O.C.G.A., relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to the physicians, so as to provide for a physician to delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical devices, and in certain life-threatening situations to order radiographic imaging; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Health and Human Services Committee offered the following substitute to SB 603:
A BILL TO BE ENTITLED AN ACT

To amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to require that applicants for licensure as registered professional nurses undergo a criminal background check; to provide for a change in certain prohibited activities; to change a provision relating to a Drug Enforcement Administration license applicability to nurses and physicians assistants; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the physicians, so as to provide for a physician to

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delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical devices, and in certain life-threatening situations to order radiographic imaging; to provide for construction and limitations related to such delegation; to provide for definitions; to provide for the conditions of a nurse protocol agreement; to provide for patients receiving certain care to be examined by a physician on a determinative basis; to provide for execution of prescription drug orders; to prohibit certain activities in certain business establishments; to require that applicants for licensure as a physician undergo a criminal backround check; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, is amended by striking paragraph (23) and inserting in its place the following:
(23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; or (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-26.3. For purposes of this chapter and Code Section 43-34-26.3, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (C)(D) A physicians assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103 and notwithstanding the provisions of subsection (g) of Code Section 43-34-26.1, a physicians assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities.
SECTION 2. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new paragraph to Code Section 43-26-3, relating to definitions, to read as follows:
(1.1) 'Advanced practice registered nurse' means a registered professional nurse licensed under this chapter who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice and

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who holds a masters degree and national board certification in his or her area of speciality, or a person who was recognized as an advanced practice registered nurse by the board on or before January 1, 2006. Only a person recognized by the board as an advanced practice registered nurse shall be authorized to hold himself or herself out as an advanced practice registered nurse or to use the initials A.P.R.N.
SECTION 3. Said chapter is further amended by striking paragraph (12) of subsection (a) of Code Section 43-26-5, relating to general powers of the board, and inserting in lieu thereof the following:
(12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-34-26.1 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-26.3;
SECTION 4. Said chapter is further amended by striking Code Section 43-26-7, relating to
requirements for licensure as a registered professional nurse, and inserting in lieu thereof the following: 43-26-7. (a) Any applicant who meets the requirements of this Code section shall be eligible for licensure as a registered professional nurse. (b) An applicant for licensure by examination shall:
(1) Submit a completed written application and fee; (2) Have graduated from a nursing education program, approved by this board, or which meets criteria similar to, and not less stringent than, those established by this board; (3) Pass a board recognized licensing examination; provided, however, such examination may not be taken prior to graduation from the nursing education program; and (4) Provide the board with any and all information necessary, including but not limited to classifiable sets of fingerprints, to perform a criminal background check and expressly consent and authorize the board or its representative to perform such a check. The applicants fingerprints shall be forwarded to the Georgia Crime Information Center which shall run a criminal background check on the applicant and provide the results of the background check to the board. Additionally, the applicants fingerprints will be forwarded to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall be responsible for all fees associated with the performance of a background check; and (5) Meet such other criteria as established by the board. (c) An applicant for licensure by endorsement shall: (1) Submit a completed written application and fee; (2) Have passed a board recognized licensing examination following graduation from

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the nursing education program; (3) Submit verification of initial and current licensure in any other licensing jurisdiction administering a board recognized licensing examination; (4) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program within the four years immediately preceding the date of the application; and (5) Meet such other criteria as established by the board. (d) An applicant for reinstatement who has previously held a valid license in Georgia shall: (1) Submit a completed written application and fee; (2) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program within the four years immediately preceding the date of the application; and (3) Provide the board with any and all information necessary, including but not limited to classifiable sets of fingerprints, to perform a criminal background check and expressly consent and authorize the board or its representative to perform such a check. The applicants fingerprints shall be forwarded to the Georgia Crime Information Center which shall run a criminal background check on the applicant and provide the results of the background check to the board. Additionally, the applicants fingerprints will be forwarded to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall be responsible for all fees associated with the performance of a background check; and (4) Meet such other criteria as established by the board.
SECTION 5. Said chapter is further amended by striking paragraph (4) of Code Section 43-26-10, relating to the prohibition of practicing as a registered professional nurse without a license, and inserting in lieu thereof the following:
(4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse or advanced practice registered nurse unless such person is duly licensed so to practice under the provisions of this article;
SECTION 6. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by striking subsection (g) of Code section 43-34-26.1, relating to delegation of authority to a nurse or physicians assistant, and inserting in lieu thereof the following:
(g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physicians assistant who is not an advanced practice registered nurse.

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SECTION 7. Said article is further amended by adding a new Code Section 43-34-26.3 to read as follows:
43-34-26.3.
(a) As used in this Code section, the term: (1) 'Advanced practice registered nurse' shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) 'Controlled substance' means any controlled substance as defined in Code Section 16-13-21 but shall not include any Schedule I controlled substance included in Code Section 16-13-25 or any Schedule II controlled substance included in Code Section 16-13-26. (3) 'Dangerous drug' means any dangerous drug as defined in Code Section 16-13-71. (4) 'Delegating physician' means a physician who has entered into a nurse protocol agreement pursuant to this Code section. (5) 'Designated teaching hospital' shall have the same meaning as provided in Code Section 31-7-95. (6) 'Diagnostic study' means a laboratory test, X-ray, or ultrasound. (7) 'Drug' means any dangerous drug or controlled substance. (8) 'Free health clinic' shall have the same meaning as provided in Code Section 511-29.4. (9) 'Life threatening' means an emergency situation in which a patients life or physical well-being will be harmed if certain testing is not performed immediately. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, or diagnostic studies or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (11) 'Order' means to select pursuant to a nurse protocol agreement which drug, medical device, medical treatment, or diagnostic study or in life-threatening situations radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (12) 'Physician' means a person licensed to practice medicine under this chapter and: (A) Whose principal place of practice is within this state and is within 100 miles of the location where the nurse protocol agreement is being utilized; or (B) Whose principal place of practice is outside this state but is within 50 miles of the location where the nurse protocol agreement is being utilized within this state. (13) 'Prescription drug order' means a written or oral order of an advanced practice registered nurse for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order.

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(14) 'Professional sample' means a complimentary dose of a drug, medication, medication voucher, or medical device provided by the manufacturer for use in patient care. (15) 'Radiographic imaging test' means a computed tomography, magnetic resonance imaging, positron emission tomography, or nuclear medicine. (16) 'Routine preventive health maintenance' means evaluation and maintenance of an individuals health including those medical acts appropriate to age and gender, medical history, and risk factors such as examination, counseling, anticipatory guidance, risk factor reduction intervention, and ordering of appropriate immunizations and laboratory and diagnostic procedures. (b)(1) In addition to and without limiting the authority granted pursuant to Code Section 43-34-26.1, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, or diagnostic studies or in life-threatening situations radiographic imaging tests. (2) Unless patients are receiving services in facilities identified in paragraphs (1) through (7) of subsection (g) of this Code section, a delegating physician entering into a nurse protocol agreement pursuant to this Code section shall be physically present at the location at which the delegated acts are being carried out for at least 25 percent of the time while such acts are being carried out. (3) A delegating physician entering into a nurse protocol agreement pursuant to this Code section shall adequately supervise acts delegated in accordance with a nurse protocol agreement. Except for patients receiving services in the facilities identified in paragraphs (1) through (7) of subsection (g) of this Code section, patients receiving services pursuant to a nurse protocol agreement shall be examined by a physician:
(A) Biennially for patients receiving oral contraceptives, hormone replacement therapy, prenatal vitamins, or routine preventive health maintenance; and (B) Annually for patients receiving ongoing medical treatments, drugs other than controlled substances, or medical devices. (4) Patients receiving services pursuant to a nurse protocol agreement shall be examined by a physician quarterly if the patient is receiving controlled substances. (c) A nurse protocol agreement between a physician and an advanced practice registered nurse pursuant to this Code section shall: (1) Be between an advanced practice registered nurse who is in a comparable specialty area or field as that of the delegating physician; (2) Contain a provision for immediate consultation between the advanced practice registered nurse and the delegating physician; if the delegating physician is not available, the delegating physician for purposes of consultation may designate another physician who is aware of and in agreement with the nurse protocol agreement; (3) Identify the parameters under which delegated acts may be performed by the advanced practice registered nurse, including without limitation the number of refills which may be ordered, the kinds of diagnostic studies which may be ordered, the extent, if authorized, to which radiographic images may be ordered in life-threatening

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situations, and the circumstances, if any, under which the advanced practice registered nurse may execute a prescription drug order. The nurse protocol agreement may allow an advanced practice registered nurse to review a report of diagnostic studies or radiographic images but shall not authorize the advanced practice registered nurse to interpret such images and shall require the advanced practice registered nurse to forward a copy of such report to the delegating physician; (4) Require documentation either in writing or by electronic means or other medium by the advanced practice registered nurse of those acts performed by the advanced practice registered nurse which are medical acts required to be authorized by the delegating physician in the nurse protocol agreement; (5) Include a schedule for periodic review by the delegating physician of patient records; (6) Provide for patient review, evaluation, or follow-up by the delegating physician, with the frequency of such review, evaluation, or follow-up based on the nature, extent, and scope of the delegated act or acts as determined by the delegating physician and in accordance with paragraphs (3) and (4) of subsection (b) of this Code section; (7) Be reviewed, revised, or updated annually by the delegating physician and the advanced practice registered nurse; (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing; (9) Be approved by the board and filed with the board by the delegating physician; (10) Not allow an advanced practice registered nurse to perform an abortion; and (11) Not allow an advanced practice registered nurse to issue a prescription drug order that is intended to cause an abortion to occur pharmacologically. (d) A written prescription drug order issued pursuant to this Code section shall be signed by the advanced practice registered nurse and shall be on a form which shall include, without limitation, the names of the advanced practice registered nurse and delegating physician who are parties to the nurse protocol agreement, the patients name and address, the drug or device ordered, directions with regard to the taking and dosage of the drug or use of the device, and the number of refills. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-480, respectively. (e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations.

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(f) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses; provided, however, that no physician may supervise more than two advanced practice registered nurses at any one time, except this limitation shall not apply to an advanced practice registered nurse that is practicing:
(1) In the emergency department of a hospital licensed under Title 31; (2) In a designated teaching hospital; (3) In the Division of Public Health of the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In any organization which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; or (7) In a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician service to enrollees in health benefit plans of the health maintenance organization. (h) Nothing in this Code section shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 who, in good faith, fills a prescription drug order of an advanced practice registered nurse issued pursuant to a nurse protocol agreement. (i) Nothing in this Code section shall be construed to apply to the practice of a certified registered nurse anesthetist. (j) Nothing in this Code section shall be construed to require an advanced practice registered nurse to be a party to a nurse protocol agreement in order to practice as a registered professional nurse or an advanced practice registered nurse as otherwise permitted by Article 1 of Chapter 26 of this title. (k) Nothing in this Code section shall be construed to authorize an advanced practice registered nurse to issue a prescription drug order for a Schedule I or II controlled substance or authorize refills of any drug for more than 12 months from the date of the original order except in the case of oral contraceptives, hormone replacement therapy, or prenatal vitamins which may be refilled for a period of 24 months. (l) Except for advanced practice registered nurses who work in the facilities identified in paragraphs (1) through (7) of subsection (g) of this Code section, it shall be unlawful for an advanced practice registered nurse, alone or in combination with others, to employ a physician who is required to supervise the medical acts of the employing advanced practice registered nurse. Such unlawful practice shall be sanctioned by the Georgia Board of Nursing and the board governing the respective professions.

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SECTION 8. Said article is further amended by adding a new Code section to read as follows:
43-34-26.4.
No advanced practice registered nurse or physicians assistant shall exercise authority delegated pursuant to Code Section 43-34-26.1 or 43-34-26.3 while located within a general merchandising establishment or business establishment, a portion of which is licensed as a pharmacy pursuant to Article 6 of Chapter 4 of Title 26. This Code section shall not apply to the office of a physician licensed pursuant to this chapter, a hospital licensed pursuant to Title 31, or in a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician service to enrollees in health benefit plans of the health maintenance organization.

SECTION 9. Said article is further amended by striking subparagraph (a)(1)(A) of Code Section 43-3427, relating to license requirement for persons engaged in the practice of medicine, and inserting in lieu thereof the following:
(a)(1)(A) Any person who wishes to obtain the right to practice medicine in this
state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him to practice medicine in this state, make application to the board through the executive director, upon such forms and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to practice medicine. All applicants shall provide the board with any and all information necessary, including but not limited to classifiable sets of fingerprints, to perform a criminal background check and expressly consent and authorize the board or its representative to perform such a check. The applicants fingerprints shall be forwarded to the Georgia Crime Information Center which shall run a criminal background check on the applicant and provide the results of the background check to the board. Additionally, the applicants fingerprints will be forwarded to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall be responsible for all fees associated with the performance of a background check. Any person who practices medicine without first having obtained a license shall be deemed to have violated this chapter. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied by proof that the applicant is a graduate of one of the two colleges of medicine now existing in this state, or from some other legally incorporated medical college or osteopathic college.

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SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Senators Tolleson of the 20th, Adelman of the 42nd, Unterman of the 45th and Brown of the 26th offered the following amendment #1:
Amend the Senate Health and Human Services Committee substitute (LC 33 1434S) to SB 603 by striking line 10 of page 5 and inserting in lieu thereof the following:
(6) 'Diagnostic study' means a laboratory test, X-ray, ultrasound, or other procedure used to identify a characteristic or distinguishing feature of a particular disease or condition.
By striking lines 16 through 31 of page 6 and inserting in lieu thereof the following: (2) A physician who is a party to a nurse protocol agreement shall review on a regular basis the medical acts delegated to an advanced practice registered nurse in a nurse protocol agreement. An advanced practice registered nurse who is party to a nurse protocol agreement shall be responsible for the nursing acts performed under such an agreement and a delegating physician shall be responsible for the medical acts performed under such an agreement. (3) A patient who receives a prescription drug order from an advanced practice registered nurse pursuant to a nurse protocol agreement shall be reviewed, evaluated, or examined by a physician at intervals for such review, evaluation, or examination as determined by the delegating physician.
By striking lines 24 through 25 of page 7 and inserting in lieu thereof the following: (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing or to the delegating physician by the board.
By striking lines 14 through 29 of page 8 and inserting in lieu thereof the following: (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one time as calculated on a full-time equivalency basis, except this limitation shall not apply to an advanced practice registered nurse who is practicing: (1) In a hospital licensed under Title 31; (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; (7) In any entity which: (A) Is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2; or (B) Has been established under the authority of or is receiving funds pursuant to 42

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U.S.C. Section 254b or 254c of the United States Public Health Service Act; (8) In a school nurse program of any local board of education; or (9) In a health maintenance organization that has an exclusive contract with a medical group practice or arrange for the provision of substantially all physician services to enrollees in health benefits of the health maintenance organization.

By striking lines 8 through 13 of page 9 and inserting in lieu thereof the following: (l) Except for practice settings identified in paragraphs (1) through (9) of subsection (g) of this Code section, it shall be unlawful for a physician to be an employee of an advanced practice registered nurse, alone or in combination with others, if the physician is required to supervise the medical acts of the employing advanced practice registered nurse. Such practice shall be subject to sanctions by the Georgia Board of Nursing as to the advanced practice registered nurse and the board as to the physician.

Senator Smith of the 52nd offered the following amendment #1a to amendment #1 (AM 33 0436) to the committee substitute (LC 33 1434S) to SB 603:

by deleting lines 18 and 19 of page 1 and inserting in lieu thereof the following:

"Be available for review and approval by the Composite State Board of Medical Examiners following submission to the board which shall exercise authority to regulate and discipline the nurse protocol agreement and all participants and parties to the agreement."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Brown N Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden N Grant N Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer

Y Smith Y Starr E Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S N Tolleson N Unterman N Weber Y Whitehead Y Wiles

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N Harp Y Heath N Henson

Y Seabaugh N Seay N Shafer,D

Y Williams E Zamarripa

On the adoption of the amendment, the yeas were 27, nays 27, and the Smith amendment #1a was lost.

Senator Hill of the 32nd offered the following amendment #1b to amendment #1 (AM 33 0436) to the committee substitute (LC 33 1434S) to SB 603:
by deleting line 6 through line 16 of page 1

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Brown N Bulloch N Butler
Cagle Y Carter Y Chance N Chapman Y Douglas N Fort N Goggans N Golden N Grant Y Hamrick N Harbison N 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 E Reed Y Rogers Y Schaefer Y Seabaugh N Seay N Shafer,D

Y Smith N Starr E Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S N Tolleson N Unterman N Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the amendment, the yeas were 23, nays 28, and the Hill of the 32nd amendment #1b was lost.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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Y Adelman N Balfour Y Brown Y Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed Y Rogers N Schaefer N Seabaugh Y Seay Y Shafer,D

N Smith N Starr E Staton N Stephens Y Stoner N Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 29, nays 26, and the Tolleson et al. amendment #1 to the committee substitute was adopted.

Senator Smith of the 52nd offered the following amendment #2 to the committee substitute (LC 33 1434S) to SB 603:

by deleting lines 24-25 of page 7 and inserting in lieu thereof the following:

"Be available for review and approval by the Composite State Board of Medical Examiners following submission to the board which shall exercise authority to regulate and discipline the nurse protocol agreement and all participants and parties to the agreement."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Brown N Bulloch N Butler Y Cagle Y Carter

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp

Y Smith Y Starr E Staton Y Stephens N Stoner N Tarver N Tate

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Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden N Grant N Hamrick N Harbison N Harp Y Heath N Henson

N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay N Shafer,D

Y Thomas,D N Thomas,R N Thompson,C
Thompson,S N Tolleson N Unterman N Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 26, nays 28, and the Smith amendment #2 to the committee substitute was lost.

Senator Hill of the 32nd offered the following amendment #3 to the committee substitute to SB 603:

by striking "25" on line 19 of page 6 and inserting "50"

Senator Hill of the 32nd 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 46, nays 5, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort

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 Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S

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Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 55, nays 0.

SB 603, having received the requisite constitutional majority, was passed by substitute.

At 12:30 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. today.

At 1:30 p.m. the President called the Senate to order.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 111. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 483.

By Representatives Lane of the 158th, Parrish of the 156th and Burns of the 157th:

A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide for such credit for certain prior service as a temporary full-time employee; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 873.

By Representatives Walker of the 107th, Hudson of the 124th, Day of the 163rd and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians assistants, so as to allow physicians assistants to render assistance during a state of emergency or public health emergency; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 874.

By Representatives Chambers of the 81st, Jacobs of the 80th, Millar of the 79th, Willard of the 49th and Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions and exemptions to requirements for disclosure of public records, so as to clarify an exception; to provide that public disclosure shall not be required for records that are specifically required by federal statute or regulation to be kept confidential; to repeal conflicting laws; and for other purposes.

HB 1168. By Representatives Stephens of the 164th, Burkhalter of the 50th, Parrish of the 156th and Amerson of the 9th:
A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to permit sales of distilled spirits, malt beverages, and wines not produced for consumption on the premises at a tasting room of a winery; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1248. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers;

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to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1282. By Representatives Ralston of the 7th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, so as to provide for the filing of a notice of settlement; to provide for an index; to provide for a fee; to provide for a form; to provide for the effect of notice; to provide for duration; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1305. By Representatives Amerson of the 9th, Stephens of the 164th, Smith of the 113th, Royal of the 171st and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide definitions; to provide for investment entities as to which the state is a sole limited liability owner; to provide means of investment of Seed-Capital Fund moneys by and through investment entities as to which the state is a sole limited liability owner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1318. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide authority to place vending machines on the premises of department facilities for the benefit of employees; to provide for employee benefit funds; to change certain provisions relating to the Board and Department of Corrections; to provide definitions; to provide a statement of legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1392. By Representatives Hembree of the 67th, Rice of the 51st, Murphy of the 23rd and Yates of the 73rd:
A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way

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violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1436. By Representatives Smith of the 113th, Ehrhart of the 36th, Chambers of the 81st, Drenner of the 86th, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the O.C.G.A., relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a fullcourse meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6 of Title 40 of the O.C.G.A., relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a full-course meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; 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:
HB 1259. By Representatives Hill of the 21st, Burmeister of the 119th, Day of the 163rd and Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the O.C.G.A., relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.
Senator Whitehead of the 24th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.
Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.
Senator Mullis of the 53rd asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.
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 Calendar was resumed.
SB 618. By Senator Moody of the 56th:
A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the Department of Juvenile Justice or the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Education and Youth Committee offered the following substitute to SB 618:
A BILL TO BE ENTITLED AN ACT

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To amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the Department of Juvenile Justice or the Department of Human Resources; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," is amended by striking Code Section 20-2-133, relating to free public instruction, and inserting in lieu thereof the following:
20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share funds required pursuant to Code Section 20-2-164; provided, further, that no child placed in a placement operated by the Department of Human Resources or for which payment is made by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions in a facility by or under contract with the Department of Juvenile Justice or the Department of Human Resources who remains in that facility for more than 60 continuous days and no child who is a patient in a facility licensed by this state to deliver intermediate care for the mentally retarded who remains in that facility for more than 60 continuous days as described in paragraph (1) of subsection (b) of this Code section and no child who is in the physical or legal custody of the Department of Juvenile Justice or under the care or physical or legal custody of the Department of Human Resources or any of its divisions pursuant to a court order granting temporary or permanent custody as described in paragraph (2) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident students system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.

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(b)(1) Except for a child who is in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any child placed by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Juvenile Justice or the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver intermediate care for the mentally retarded and which follows the federal regulations for intermediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Community Health or its designee, who has been admitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, except as provided in this paragraph, placement in such a facility by the parent or by another local unit of administration shall not create such responsibility. Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Resources, or in a placement operated by the Department of Human Resources, or in a facility or placement paid for by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as long as the child is physically present in the school district. A child will be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Resources. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the

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Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held. (2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held. Except as otherwise provided in this Code section, placement in a facility by a parent or by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child. (3)(A) For any child described in paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Juvenile Justice or the Department of Human Resources or in a facility licensed to provide intermediate care for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continuous days. (B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another. (4) When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child such local unit of administration shall request the transfer of the educational records and Individualized Education Programs (IEPs) and all education related evaluations, assessments, social

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histories, and observations to of the child from the appropriate local unit of administration no later than ten days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) or (2) of this subsection, the Department of Juvenile Justice or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice or the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice or the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to paragraphs paragraph (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. For the purposes of this paragraph, the term 'reasonable and necessary expenses' shall include reasonable attorneys fees and costs of litigation expended, either for its defense or in payment of statutorily mandated plaintiffs attorneys fees, by the local unit of administration on any administrative or judicial proceeding involving any child described in paragraphs (1) or (2) of this subsection. These grants will be determined and made pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed. (6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility or the facility licensed to provide intermediate care for the mentally retarded to receive educational services as determined by the local school system responsible for educational services and the Department of Human Resources, then the local school system shall not be responsible for providing any educational services to such child. Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education. (7) The Department of Education, the Department of Human Resources, the Department of Juvenile Justice, and the local units of administration where Department of Education, Department of Juvenile Justice, or Department of Human Resources placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section

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applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice or under the care or physical or legal custody of the Department of Human Resources.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Y Balfour
Brown Y Bulloch Y Butler
Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp
Heath Y Henson

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis
Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Smith Y Starr E Staton Y Stephens
Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R
Thompson,C Thompson,S E Tolleson Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 38, nays 0.

SB 618, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

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2119

Senator Chip Pearson District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Transportation Agriculture and Consumer Affairs Appropriations Regulated Industries and Utilities

The State Senate Atlanta, Georgia 30334

3/13/06

On SB 618, I pushed the button but it did not register. I meant to vote green (Yes).

/s/ Chip Pearson District 51

Senator Hill of the 32nd asked unanimous consent that Senator Heath of the 31st be excused. The consent was granted, and Senator Heath 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.

SB 619. By Senators Tolleson of the 20th, Bulloch of the 11th, Harp of the 29th and Hudgens of the 47th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting programs for persons with brain-related disorders and disabilities; to provide for a portion of the revenue to go to Pilot International; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour Brown

Y Hill,Jack Y Hill,Judson
Hooks

E Smith Y Starr E Staton

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Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp E Heath Y Henson

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 Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 43, nays 0.

SB 619, having received the requisite constitutional majority, was passed.

Senator Seay of the 34th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Seay of the 34th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

SB 620. By Senator Carter of the 13th:

A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the imposition of fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp E 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 Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
E Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 45, nays 1.

SB 620, having received the requisite constitutional majority, was passed.

SB 624. By Senators Seabaugh of the 28th, Chance of the 16th, Harp of the 29th, Staton of the 18th, Seay of the 34th and others:

A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior court, so as to provide for a sixth judge of the superior courts of the Coweta Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to declare inherent authority; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 624:

A BILL TO BE ENTITLED AN ACT

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To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for a third judge of the superior courts of the Blue Ridge Judicial Circuit, a sixth judge of the superior courts of the Coweta Judicial Circuit, a third judge of the superior courts of the Houston Judicial Circuit, and a third judge of the superior courts of the Paulding Judicial Circuit; to provide for the appointment of such additional judges by the Governor; to provide for the election of successors to the judges initially appointed; to prescribe the powers of such judges; to prescribe the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising said circuits; to authorize the judges of such circuits to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuits; to authorize the governing authority of the counties that comprise such circuits to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part I SECTION 1-1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by striking paragraphs (6), (14), (21), and (31.1) and inserting their place new paragraphs to read as follows:
(6) Blue Ridge Circuit ........................................................................................ 2 3 (14) Coweta Circuit ............................................................................................ 5 6 (21) Houston Circuit ........................................................................................... 2 3 (31.1) Paulding Circuit ....................................................................................... 2 3
Part II SECTION 2-1. One additional judge of the superior courts is added to the Blue Ridge Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 2-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or

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her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 2-3. The additional judge of the superior courts of the Blue Ridge Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Blue Ridge Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 2-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Blue Ridge Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Blue Ridge Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 2-5. All writs and processes in the superior courts of the Blue Ridge Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 2-6. Upon and after qualification of the additional judge of the superior court of the Blue Ridge Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.

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SECTION 2-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 2-8. The three judges of the Blue Ridge Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 2-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Blue Ridge Judicial Circuit may bear teste in the name of any judge of the Blue Ridge Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 2-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Blue Ridge Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
Part III SECTION 3-1.
One additional judge of the superior courts is added to the Coweta Judicial Circuit, thereby increasing to six the number of judges of said circuit.
SECTION 3-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years

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and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 3-3. The additional judge of the superior courts of the Coweta Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Coweta Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 3-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Coweta Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Coweta Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 3-5. All writs and processes in the superior courts of the Coweta Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide six judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 3-6. Upon and after qualification of the additional judge of the superior court of the Coweta Judicial Circuit, the six judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The six judges of the superior courts of the Coweta Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term and the hearing of all

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other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control.
SECTION 3-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 3-8. The six judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 3-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of the Coweta Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 3-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Coweta Judicial Circuit are authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
Part IV SECTION 4-1.
One additional judge of the superior courts is added to the Houston Judicial Circuit, thereby increasing to three the number of judges of said circuit.

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SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 4-3. The additional judge of the superior courts of the Houston Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Houston Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 4-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Houston Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Houston Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 4-5. All writs and processes in the superior courts of the Houston Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 4-6. Upon and after qualification of the additional judge of the superior court of the Houston Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction

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of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 4-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 4-8. The three judges of the Houston Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 4-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Houston Judicial Circuit may bear teste in the name of any judge of the Houston Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 4-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Houston Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
Part V SECTION 5-1.
One additional judge of the superior courts is added to the Paulding Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 5-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is

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elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 5-3. The additional judge of the superior courts of the Paulding Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Paulding Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 5-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Paulding Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Paulding Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 5-5. All writs and processes in the superior courts of the Paulding Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 5-6. Upon and after qualification of the additional judge of the superior court of the Paulding Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the

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judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 5-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 5-8. The three judges of the Paulding Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 5-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Paulding Judicial Circuit may bear teste in the name of any judge of the Paulding Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 5-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Paulding Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
Part VI SECTION 6-1.
Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
SECTION 6-2. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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(b) For all other purposes, Parts II, III, IV, and V of this Act shall become effective January 1, 2007. (c) For all other purposes, Parts I and VI of this Act shall become effective upon this Acts approval by the Governor or upon its becoming law without such approval.
SECTION 6-3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch 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 E Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
E Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 624, having received the requisite constitutional majority, was passed by substitute.

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SR 853. By Senators Hill of the 32nd, Unterman of the 45th, Tate of the 38th, Thomas of the 54th and Goggans of the 7th:
A RESOLUTION creating the Hospital Health Care Standards Commission; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SR 853:
A RESOLUTION
Creating the Hospital Health Care Standards Commission; and for other purposes.
WHEREAS, the U.S. Centers for Disease Control and Prevention estimates that between 44,000 to 98,000 Americans die each year from adverse patient events; and
WHEREAS, over the past two decades, the hospitalized patient population has become more severely ill and more immuno-compromised and thus at greater risk for hospital acquired infections; and
WHEREAS, the responsibilities of infection control departments in hospitals have markedly expanded to include prevention of exposure to bloodborne pathogens and prevention of Mycobacterium tuberculosis or multidrug-resistant bacterial transmission; and
WHEREAS, there exists a need to conduct infection surveillance systems, determine baseline infection rates for comparison, improve device and antimicrobial drug use, and educate hospital staff about prevention of infectious diseases; and
WHEREAS, because of their expertise in epidemiologic methods, infection control personnel can assist in establishing and implementing infection control, quality assurance, and medical error reduction programs in hospital settings; and
WHEREAS, patient safety requires a commitment of health care providers to provide open communication, a blame-free environment, and the importance of safety design in preventing future errors; and
WHEREAS, acknowledging that success in creating a culture of safety requires the commitment of both organizational leadership and frontline health care workers; and
WHEREAS, health care providers, regulators, and the community should work together to ensure quality and safety in healthy communities, and collaboration between providers, community members, and other stakeholders by providing education and data-driven tools is key to facilitating quality improvement; and

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WHEREAS, hospitals strive to improve the safety and quality of that care and research has shown that certain kinds of information technology such as computerized physician order entry, computerized decision support systems, and bar coding for medication administration can limit errors and improve care by ensuring that the right information is available in the right place at the right time to treat patients; and
WHEREAS, information technology can also be a tool for improving efficiency and saving costs; and
WHEREAS, because the Georgia Partnership for Health and Accountability (PHA) has extensive experience in using data to identify successful strategies, the promotion of best practices, and shared learning to reduce adverse events, PHA can organize and coordinate state-wide programs and activities to reduce hospital acquired infections; and
WHEREAS, the state must ensure that, to the greatest extent possible, the rate of hospital acquired infections of patients in hospitals in this state is minimized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Hospital Health Care Standards Commission for Prevention of Hospital Acquired Infections to be composed of 15 members as follows: three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the Senate Committee on Assignments; and the following members to be appointed by the Governor: one hospital administrator representing an urban area, one hospital administrator representing a rural area, one registered nurse in a hospital supervisory or administrative position, one registered nurse practicing infection control, one physician representing the Medical Association of Georgia, one representative from the Georgia Hospital Association, one representative from the Georgia Partnership for Health and Accountability, one representative from the Georgia Alliance for Community Hospitals, and one researcher specializing in infectious diseases. The Georgia Hospital Association and the Medical Association of Georgia may make recommendations to the Governor with regard to the Governors appointees. The Speaker of the House of Representatives and the Senate Committee on Assignments shall each designate a cochairperson from among their respective appointees. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that the commission shall undertake a study of safety standards and best practices in hospitals in this state and rates and causes of hospital acquired infections. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees from the funds

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appropriated to the House of Representatives and the Senate but shall receive the same for not more than five days unless additional days are authorized. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2006. The commission shall stand abolished on December 31, 2006.

On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp E Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr E Staton
Stephens Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

SR 853, having received the requisite constitutional majority, was adopted by substitute.

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SB 636. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes.

The Senate Transportation Committee offered the following substitute to SB 636:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, is amended by adding a new paragraph (5.1) to read as follows:
(5.1) 'Biodiesel fuel' means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from wood, wood residue, crops, residues, stover, agricultural wastes, or animal fats with each production run meeting the requirements of American Society of Testing and Materials standard D 6751.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Y Starr E Staton Y Stephens
Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp E Heath Y Henson

Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

SB 636, having received the requisite constitutional majority, was passed by substitute.

SB 637. By Senator Smith of the 52nd:

A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshuas Law," so as to change the membership of the Georgia Drivers Education Commission; to repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R

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Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp E Heath Y Henson

Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

SB 637, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334

Committees: Appropriations Health and Human Services Retirement State and Local Governmental Operations

The State Senate Atlanta, Georgia 30334

On SB 637 I hit the button but it did not register as a yes vote.

/s/ Horacena Tate

SB 638. By Senators Chance of the 16th, Douglas of the 17th, Stephens of the 27th and Carter of the 13th:

A BILL to be entitled an Act to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the clerk of the superior court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp E Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

SB 638, having received the requisite constitutional majority, was passed.

SB 610. By Senators Moody of the 56th, Balfour of the 9th, Starr of the 44th, Thomas of the 54th and Chance of the 16th:
A BILL to be entitled an Act to amend Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools, requirements for operating charter schools, and the control and management of charter schools, so as to provide that nothing shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

SB 610, having received the requisite constitutional majority, was passed.

SB 613. By Senators Bulloch of the 11th, Kemp of the 46th, Hudgens of the 47th, Tarver of the 22nd and Henson of the 41st:

A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmers markets; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr E Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 1.

SB 613, having received the requisite constitutional majority, was passed.

SB 622. By Senators Tarver of the 22nd and Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to notice of acquisition to the Attorney General; to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following amendment:

Amend SB 622 by striking lines 5 through 9 of page 3 and inserting in lieu thereof the following:
(c) Notice to the Attorney General shall be accompanied by the payment by either the seller or lessor, or by the acquiring entity, of a fee in the amount of $50,000.00. (d) The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. Within 30 days after notice from the Attorney General, the cost and expense incurred in connection with the retention of such experts or consultants shall be paid directly to each of such experts and consultants by the parties to the proposed transaction in such proportionate amounts

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as the parties to the proposed transaction may agree or otherwise as determined by the Attorney General.
On the adoption of the amendment, the yeas were 48, nays 0, and the committee amendment was adopted.
Senators Tarver of the 22nd and Smith of the 52nd offered the following amendment #1:
Amend SB 622 by striking line 23 of page 1 and inserting in lieu thereof the following: consummation; provided, however, that this subsection shall apply only if the notice of the subsequent transaction is given within one year after the date of the canceled hearing.
By striking lines 1 and 2 of page 3 and inserting in lieu thereof the following: such documents, agreements, reports, and other papers shall be submitted not later than 14 days prior to the holding of the public hearing required by Code Section 31-7-406 and shall be available for public inspection at the hospital being acquired not later than 14 days prior to the holding of such public hearing.
By striking lines 5 through 9 of page 3 and inserting in lieu thereof the following: (c) Notice to the Attorney General shall be accompanied by the payment by either the seller or lessor, or by the acquiring entity, of a fee in the amount of $50,000.00. (d) The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. Within 30 days after notice from the Attorney General, the cost and expense incurred in connection with the retention of such experts or consultants shall be paid directly to each of such experts and consultants by the parties to the proposed transaction in such proportionate amounts as the parties to the proposed transaction may agree or otherwise as determined by the Attorney General; provided, however, that the parties to the proposed transaction shall not be required to pay any portion of such cost and expense that exceeds a total amount of $60,000.00.
On the adoption of the amendment, the yeas were 44, nays 0, and the Tarver, Smith 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.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens 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 E Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 55, nays 0.

SB 622, having received the requisite constitutional majority, was passed as amended.

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.

SB 402. By Senators Jones of the 10th, Douglas of the 17th, Hill of the 4th, Adelman of the 42nd, Meyer von Bremen of the 12th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, so as to create a free distinctive license plate for recipients of the Bronze Star; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Veterans and Military Affairs Committee offered the following substitute to SB 402:

A BILL TO BE ENTITLED AN ACT

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To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, so as to create a free distinctive license plate for recipients of the Bronze Star; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, is amended by inserting a new Code section immediately following Code Section 40-2-68, relating to special license plates for Medal of Honor winners, to read as follows:
40-2-68.1. (a) Motor vehicle owners who have been awarded the Bronze Star and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, and after payment of all ad valorem taxes and other motor vehicle registration fees, shall be issued one distinctive personalized license plate free of charge. Such license plate shall be fastened to the rear of the vehicle. Such license plate shall be transferred to another vehicle as provided in Code Section 40-2-80. In the event of the death of the person who received the special license plate pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her surviving spouse may retain the special license plate and continue to display such plates on the vehicle. (b) The commissioner may begin issuing distinctive personalized license plates to such Bronze Star winners for the year 2007 and thereafter. (c) The commissioner is authorized and directed to design the license plate, establish procedures, and promulgate rules and regulations to effectuate the purposes of this Code section.
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 40, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens 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 Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

SB 402, having received the requisite constitutional majority, was passed by substitute.

Senator Balfour of the 9th asked unanimous consent to drop SB 555 to the foot of today's Senate Rules Calendar.

The consent was granted, and SB 555 was placed at the foot of the Rules Calendar.

Senator Harp of the 29th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.

SR 1030. By Senators Fort of the 39th, Tate of the 38th, Thomas of the 2nd, Seay of the 34th and Zamarripa of the 36th:

A RESOLUTION creating the Georgia Capital Punishment Study Commission to study the death penalty; to provide for the powers, duties, and compensation of its members; to urge the suspension of executions until such time as a report

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from such study commission is submitted to the General Assembly; and to urge the General Assembly to act in response to recommendations from the study commission; and for other purposes.

Senator Fort of the 39th offered the following amendment:

Amend SR 1030 by striking lines 2 through 4 of page 1 and inserting in lieu thereof the following:
provide for the powers, duties, and compensation of its members; to urge the General Assembly to act in response to recommendations

By striking lines 20 through 31 of page 5.

On the adoption of the amendment, Senator Seabaugh of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis N 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 Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 48, nays 1, and the Fort amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans
Golden N Grant N Hamrick
Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson E Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson E Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R E Thompson,C
Thompson,S N Tolleson N Unterman Y Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the resolution, the yeas were 17, nays 33.

SR 1030, having failed to receive the requisite constitutional majority, was lost.

Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

SB 594. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Thompson of the 5th, Brown of the 26th and Reed of the 35th:

A BILL to be entitled an Act to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for certain purposes, so as to provide for weighting of grades for honors, advanced placement, and international baccalaureate courses for purposes of determining eligibility for postsecondary scholarships, grants, or loans; to provide for the establishment of minimum state-wide standards for honors courses; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 13, 2006 On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

SB 594, having received the requisite constitutional majority, was passed.

Senator Carter of the 13th asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others:
A BILL to be entitled an Act 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 establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The Senate Judiciary Committee offered the following substitute to SB 572:
A BILL TO BE ENTITLED AN ACT
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 change certain provisions relating to unlawful acts regarding Medicaid; to provide for inclusion of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for hearings on disputed payments before an administrative law judge; to provide for procedure related to such hearings, including assessment of costs; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia, relating to medical assistance generally, is amended by striking subsections (a) and (b) of Code Section 49-4146.1, relating to unlawful acts regarding Medicaid, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) As used in this Code section, the term: (1) 'Agent' means any person who has been delegated the authority to obligate or act on behalf of a provider. (2) 'Convicted' means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending. (3) 'Indirect ownership interest' means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity. (4) 'Managing employee' means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organization, or agency. (4.1) 'Payment' includes a payment or approval for payment, any portion of which is paid by the Georgia Medicaid program, or by a contractor, subcontractor, or agent for the Georgia Medicaid program pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (5) 'Person' means any person, firm, corporation, partnership, or other entity. (6) 'Person with an ownership or control interest' means a person who:
(A) Has ownership interest totaling 5 percent or more in a provider; (B) Has an indirect ownership interest equal to 5 percent or more in a provider; (C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider; (D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or

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other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider; (E) Is an officer or director of a provider that is organized as a corporation; or (F) Is a partner in a provider entity that is organized as a partnership. (7) 'Provider' means an actual or prospective provider of medical assistance under this chapter. The term 'provider' shall also include any managed care organization providing services pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (b) It is shall be unlawful: (1) For any person or provider to obtain, or attempt to obtain, or retain for himself, herself, or any other person any medical assistance or other benefits or payments under this article, or under a managed care program operated, funded, or reimbursed by the Georgia Medicaid program, to which the person or provider is not entitled, or in an amount greater than that to which the person or provider is entitled, when the assistance, benefit, or payment is obtained, or attempted to be obtained, or retained, by: (A) Knowingly and willfully making a false statement or false representation; (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device; or (2) For any person or provider knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to which he or she is entitled, or knowingly and willfully to falsify any report or document required under this article.
SECTION 2. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by striking subsection (b) and inserting in lieu thereof the following:
(b)(1) Any applicant for medical assistance whose application is denied or is not acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction of the Department of Community Health as to any medical or remedial care or service which such recipient alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his or her request for such in writing and in accordance with the applicable rules and regulations of the department and the Office of State Administrative Hearings. As a result of the written request for hearing, a written recommendation shall be rendered in writing by the administrative law judge assigned to hear the matter. Should a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request in writing to the commissioner or the commissioners designated representative within 30 days of his or her receipt of the hearing decision. The commissioner, or the commissioners designated representative, has ten 30 days

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from the receipt of the request for appeal to affirm, modify, or reverse the decision appealed from. A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection except those expressly made confidential or privileged by statute. If the commissioner fails to issue a decision, the initial recommended decision shall become the final administrative decision of the commissioner.
(2)(A) A provider of medical assistance may request a hearing on a decision of the Department of Community Health with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the providers request for hearing to the Office of State Administrative Hearings. The providers request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the Department of Community Health which is the basis for the appeal. (B) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (C) A request for hearing by a nursing home provider shall stay any recovery or recoupment action. (D) Should the decision of the administrative law judge be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner, or the commissioners designated representative, may affirm, modify, or reverse the decision appealed from. (E) The provisions of this subsection shall not be available with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or

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payable to such provider on a certain item of medical or remedial care or service rendered by such provider if the recipient of medical assistance is enrolled in a care management program operated, funded, or reimbursed by the department and the challenged determination was made by the care management organization. (3) A person or institution who either has been refused enrollment as a provider in the state plan or has been terminated as a provider by the Department of Community Health shall be entitled to a hearing; provided, however, that no entitlement to a hearing before the department shall lie for refusals or terminations based on the want of any license, permit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department of Community Health, which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department of Community Health. In cases where an entitlement to a hearing before the Department of Community Health, pursuant to this paragraph, lies, the Department of Community Health shall give written notice of either the denial of enrollment or termination from enrollment to the affected person or institution; and such notice shall include the reasons of the Department of Community Health for denial or termination. Should such a person or institution desire to contest the initial decision of the Department of Community Health, he or she must give written notice of his or her appeal to the commissioner of community health within ten days after the date on which the notice of denial or notice of termination was transmitted to him or her. A hearing shall be scheduled and commenced within 20 days after the date on which the commissioner receives the notice of appeal; and the commissioner or his or her designee or designees shall render a final administrative decision as soon as practicable thereafter.
SECTION 3. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by adding a new subsection (e) to read as follows:
(e)(1) A provider of medical assistance may request a hearing on a decision of a care management organization with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-1315 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the providers request for hearing to the Office of State Administrative Hearings, but shall not be a party to the proceedings. The providers request for hearing shall identify the care management organization with which the

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provider has a dispute, the issues under appeal, and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the care management organization which is the basis for the appeal. (2) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (3) The decision of the administrative law judge shall be the final administrative remedy available to the provider. The fees and expenses of the Office of State Administrative Hearings may, at the courts discretion, be assessed against the party against whom the administrative law judge enters his or her order.

SECTION 4. This Act shall become effective on April 1, 2006, or upon its approval by the Governor, whichever last occurs, or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance E Chapman

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R

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Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

SB 572, having received the requisite constitutional majority, was passed by substitute.

Senator Golden of the 8th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

SB 574. By Senators Bulloch of the 11th, Tolleson of the 20th, Carter of the 13th and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that no municipal corporation shall be incorporated which has the same name as an existing municipal corporation or a name which is confusingly similar to that of an existing municipal corporation; to provide for certification of compliance; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance E Chapman

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles

Y Smith Starr
Y Staton Y Stephens E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R

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Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 574, having received the requisite constitutional majority, was passed.

SB 248. By Senator Thomas of the 2nd:

A BILL to be entitled an Act to amend Chapter 15 of Title 34 of the Official Code of Georgia Annotated, relating to transfer of Division of Rehabilitation Services to Department of Labor, so as to provide for the delivery of certain services and techniques to deaf-blind individuals by an organization knowledgeable on deaf-blind issues; to provide that the division integrates the services and techniques into its standard practices and procedures; to provide for a time frame to retain the services of an organization to provide services and techniques to deaf-blind individuals and training on such services and techniques; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C

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Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

SB 248, having received the requisite constitutional majority, was passed.

Senator Brown of the 26th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

SB 249. By Senator Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 19-8-23 of the Official Code of Georgia Annotated, relating to adoption records, and Code Section 3110-14 of the Official Code of Georgia Annotated, relating to issuance of a new birth certificate following adoption, legitimation, or paternity determination, so as to provide for the issuance of an original birth certificate to certain persons who were adopted; to conform a provision sealing records relating to adoptions; to provide for a fee and a waiting period; to provide for the form of such copy; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
The Senate Special Judiciary Committee offered the following amendment: Amend SB 249 by striking "July 1, 2005" on lines 23, 29, and 31 of page 2 and inserting in its place the following:
July 1, 2006
On the adoption of the amendment, the yeas were 37, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison Y Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens E Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed Y Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner N Tarver Y Tate N Thomas,D Y Thomas,R E Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Whitehead N Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 21, nays 32.

SB 249, having failed to receive the requisite constitutional majority, was lost.

Senator Chance of the 16th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.

SB 101. By Senators Wiles of the 37th, Harp of the 29th, Reed of the 35th and Weber of the 40th:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other proceeding be held before an elected judge of the superior or state court, as the case may be; to provide for a definition; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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The Senate Judiciary Committee offered the following substitute to SB 101:
A BILL TO BE ENTITLED AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other proceeding be held before an elected judge of the superior or state court, as the case may be, except under exigent circumstances; to provide for a definition; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Chapter 6, relating to superior courts, by inserting a new Code section to be designated Code Section 15-6-37 to read as follows:
15-6-37. At any hearing, trial, or other proceeding, if the individual presiding is not an elected judge of the superior court, any plaintiff may request that such hearing, trial, or other proceeding be held before an elected judge of the superior court, and such request shall be granted unless the court determines that exigent circumstances exist such that a request under this Code section should not be granted. If exigent circumstances exist, the judge shall specify his or her findings in the courts written order denying the request. As used in this Code section, the term 'elected judge' means a duly elected judge or a judge who has been appointed to fill a vacancy for an elective office as provided by Article VI, Section VII, Paragraph III of the Georgia Constitution.
SECTION 2. Said title is further amended in Chapter 7, relating to state courts, by inserting a new Code section to be designated Code Section 15-7-51 to read as follows:
15-7-51. Notwithstanding any provision of general or local law to the contrary, at any hearing, trial, or other proceeding, if the individual presiding is not an elected judge of the state court, any plaintiff may request that such hearing, trial, or other proceeding be held before an elected judge of the state court, and such request shall be granted unless the court determines that exigent circumstances exist such that a request under this Code section should not be granted. If exigent circumstances exist, the judge shall specify his or her findings in the courts written order denying the request. As used in this Code section, the term 'elected judge' means a duly elected judge or a judge who has been appointed to fill a vacancy for an elective office as provided by Article VI, Section VII, Paragraph III of the Georgia Constitution.

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SECTION 3. This Act shall become effective on July 1, 2006, and shall apply to actions filed on and after that date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle E Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp N Me V Bremen Y Miles Y Moody E Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

N Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 6.

SB 101, having received the requisite constitutional majority, was passed by substitute.

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SR 1104. By Senators Harp of the 29th and Tolleson of the 20th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize an exemption from the covenant requirement for bona fide conservation use property as to stream buffer areas for purposes of current use assessment for ad valorem taxation; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VII, Section I, Paragraph III of the Constitution is amended in subparagraph (e) by striking the introductory language and subparagraph (1) thereof and inserting in lieu thereof the following:
(e) The General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions:
(A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use, except that as to stream buffers established by law or local ordinance no such covenant shall be required; and (B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; and
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to authorize an exemption from the covenant requirement for bona fide conservation use
( ) NO property as to stream buffer areas for purposes of current use assessment for ad valorem taxation?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle E Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody E Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 50, nays 0.

SR 1104, having received the requisite two-thirds constitutional majority, was adopted.

SB 604. By Senators Harp of the 29th, Tolleson of the 20th and Harbison of the 15th:

A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to change certain provisions relating to buffers adjacent to rivers or perennial streams; to provide for current use assessment for certain

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undeveloped land areas within buffer zones established by law or local ordinance adjacent to rivers, perennial streams, or reservoirs; to provide for exemptions from certain covenant and penalty provisions; to provide for loss current use assessment in certain circumstances; to provide an effective date; to provide for applicability; to provide for to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 604:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to change certain provisions relating to buffers adjacent to rivers or perennial streams; to provide for current use assessment for certain undeveloped land areas within buffer zones established by law or local ordinance adjacent to rivers, perennial streams, or reservoirs; to provide for exemptions from certain covenant and penalty provisions; to provide for loss current use assessment in certain circumstances; to provide a contingent effective date; to provide for applicability; to provide for contingent repeal; to provide for 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 current use assessment for bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, is amended by striking subparagraph (a)(2)(F) and inserting in lieu thereof the following:
(F) River or stream corridors or buffers which shall be defined as those undeveloped lands which are:
(i) Adjacent to buffer zones described in division (ii) of this subparagraph along rivers and, reservoirs, or perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency and which adjacent lands remain in their natural, undisturbed state of vegetation; or (ii) Within buffer zones adjacent to rivers, reservoirs, or perennial streams, which buffer zones are established by law or local ordinance and within which landdisturbing activity is prohibited and which lands remain in their natural, undisturbed state of vegetation. For purposes of this division, the term 'land-

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disturbing activity' has the meaning provided by Code Section 12-7-3; provided, however, that lands subjected to agricultural operations and forestry land management operations that are exempted by Code Section 12-7-17 from the provisions of Chapter 7 of Title 12, the 'Erosion and Sedimentation Act of 1975,' shall not be considered disturbed for purposes of this division;

SECTION 2. Said Code section is further amended by striking subsection (u) and inserting in lieu thereof the following:
(u) Reserved. (1) Land areas within buffer zones that qualify as bona fide
conservation use property under division (a)(2)(F)(ii) of this Code section shall be exempt from any covenant requirements under this Code section and any procedures or penalties related to such covenants or breaches thereof, including but not limited to the provisions of subsections (d), (e), (g), (h), (i), (j), (l), (m), (n), (p), (q), and (x) of this Code section. (2) If any land-disturbing activity is conducted on land within such a buffer zone by or with the permission of the property owner after the current use assessment for such land has been claimed by and allowed to such owner, the current use assessment shall not, for the taxable year in which such land-disturbing activity occurred and all taxable years thereafter, apply for the same owner as to all such buffer zone areas required by law or local ordinance that are within a buffer zone on the same contiguous tract.

SECTION 3. This Act shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after such date; except that if an amendment to the Constitution of the State of Georgia authorizing an exemption from the covenant requirement for bona fide conservation use property as to stream buffer areas is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle E Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody E Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 604, having received the requisite constitutional majority, was passed by substitute.

SB 602. By Senators Smith of the 52nd, Mullis of the 53rd, Kemp of the 46th, Stephens of the 27th and Hamrick of the 30th:

A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources with respect to mental health, so as to require the privatization of one or more state facilities for the treatment of mental illness; to provide for contracts; to provide for requirements for the operation of the treatment facility or facilities; to provide for the continued employment for current employees; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Health and Human Services Committee offered the following substitute to SB 602:
A BILL TO BE ENTITLED AN ACT

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To amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources with respect to mental health, so as to require the privatization of one or more state facilities for the treatment of mental illness; to provide for contracts; to provide for requirements for the operation of the treatment facility or facilities; to provide for the continued employment for current employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources with respect to mental health, is amended by adding a new Code section to the end of such article to read as follows:
37-1-25. (a) The department shall, through a request for proposals, privatize the West Central Georgia Regional Hospital or one or more other state facilities for the treatment of mental illness under the control and supervision of the department. The department shall begin the implementation of such privatization no later than October 14, 2006. (b) The department may enter into one or more contracts, not to exceed 23 years, with a private provider or providers to finance, design, and construct a treatment facility having up to 350 beds and to operate all aspects of daily operations of the facility. Any such contract or contracts shall be contingent upon appropriations and shall include provisions to terminate the contract upon determination that sufficient funds have not been appropriated. (c) The department and the contractor or contractors shall ensure that the treatment facility or facilities are operated as a part of the total continuum of care for persons who are mentally ill. Each contractor shall ensure that each treatment facility under its control effectively treats persons who are mentally ill and assists them in returning to the community as quickly as possible. (d) Current employees of any treatment facility which is privatized pursuant to this Code section shall be given first preference for continued employment by the contractor. The department shall make reasonable efforts to find suitable job placements for employees who wish to remain employed with the state. (e) Any request for proposals issued pursuant to this Code section shall be conducted in accordance with Article 3 of Chapter 5 of Title 50 and applicable rules and regulations of the Department of Administrative Services.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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Senator Thompson of the 33rd moved that SB 602 be placed on the Table.

Senator Seabaugh of the 28th objected.

Senator Thompson of the 33rd called for the yeas and nays; the call was sustained and on the motion a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Brown Y Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort
Goggans Y Golden Y Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson
Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody E Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R E Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 21, nays 30; the motion lost, and SB 602 was not placed on the Table.

Senators Grant of the 25th, Bulloch of the 11th, Tolleson of the 20th, Harbison of the 15th and Golden of the 8th offered the following amendment #1:

Amend the Senate Health and Human Services Committee substitute to SB 602 by striking "require" on line 3 of page 1 and inserting in lieu thereof "authorize".

By striking "shall" on line 13 of page 1 and inserting in lieu thereof "may".

By striking lines 15 through 18 of page 1 and inserting in lieu thereof the following: illness under the control and supervision of the department. (b) The department may enter into one or more contracts with a private provider or providers to finance, design, and renovate or construct a treatment facility having

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Senator Smith of the 52nd offered the following amendment #1a to amendment #1 (AM 21 3449) to the committee substitute (LC 33 1455S) to SB 602 by deleting page 1, lines 3-4 and by deleting on page 1, lines 5 the words "by striking" and by

inserting at the beginning of line 7 following the word "(b)" the following:

"No later than January 1, 2007,"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Brown N Bulloch N Butler Y Cagle Y Carter Y Chance N Chapman N Douglas N Fort Y Goggans N Golden N Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

N Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith E Starr N Staton N Stephens N Stoner Y Tarver N Tate Y Thomas,D N Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 31, nays 22, and the Smith amendment #1a was adopted.

On the adoption of the amendment, the yeas were 34, nays 13, and the Grant et al. amendment #1 was adopted as amended.

Senators Harbison of the 15th and Hooks of the 14th offered the following amendment #2 to the Senate Health and Human Services Committee substitute to SB 602:

On line 16 of page 1, by inserting immediately following the phrase "October 14, 2006." the following:

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"West Central Georgia Regional Hospital shall not be closed."

Senator Smith of the 52nd offered following amendment #2a:

Amend amendment #2 to the committee substitute (LC 33 1455S) to SB 602 by deleting on page 1 the words, "October 14, 2006" and inserting in lieu thereof the following:

"January 1, 2007."

and by adding after the word "closed" on the last line the following, "by virtue of the enactment of this Code Section."

On the adoption of the amendment, the yeas were 34, nays 10, and the Smith amendment #2a was adopted.

On the adoption of the amendment, the yeas were 37, nays 1, and the Harbison, Hooks amendment #2 was adopted as amended.

Senator Smith of the 52nd offered the following amendment #3:

Amend the committee substitute (LC 33 1455S) to SB 602 by deleting on page 1, line 16 the words "October 14, 2006." and inserting in lieu thereof the following, "January 1, 2007."

On the adoption of the amendment, the yeas were 32, nays 9, and the Smith amendment #3 was adopted.

Senator Williams of the 19th offered the following amendment #4:

Amend the committee substitute (LC 33 1455S) to SB 602 by striking on line 13 page 1 after privatize, the words "the West Central" and on line 14, page 1 the words "Georgia Regional Hospital or"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Brown N Bulloch N Butler Y Cagle Y Carter

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp

Y Smith E Starr Y Staton Y Stephens N Stoner Y Tarver Y Tate

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Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden N Grant Y Hamrick N Harbison N Harp Y Heath N Henson

N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 39, nays 15, and the Williams amendment #4 was adopted.

Senator Zamarripa of the 36th offered the following amendment #5:

Amend the committee substitute to SB 602 by inserting after the word "shall" on line 13, page 1... "create a study committee to review the privatization of state facilities for the mentally ill."

and deleting from the word "through" on line 13 page 1 through line 6 on page 2.

Senator Smith of the 52nd offered the following amendment #5a:

Amend amendment #5 to the committee substitute to SB 602 by deleting page 1, lines 6-8

and adding after the word, "ill" on line 4, the following,

"and shall"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Brown N Bulloch N Butler Y Cagle Y Carter Y Chance

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen

Y Smith E Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D

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Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 33, nays 20, and the Smith amendment #5a was adopted.

On the adoption of the amendment, Senator Smith of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

N Adelman N Balfour Y Brown Y Bulloch Y Butler Y Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans N Golden Y Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson N Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens N Stoner Y Tarver Y Tate N Thomas,D N Thomas,R E Thompson,C Y Thompson,S N Tolleson N Unterman Y Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 36, and the Zamarripa amendment #5 was lost.

Due to the loss of amendment #5, amendment #5a was moot.

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Pursuant to Senate Rule 3-1.4(b), Senator Grant of the 25th asked for a ruling of the Chair to determine if SB 602 was out of order due to the lack of a fiscal note.

The President ruled SB 602 did have a significant fiscal impact and was therefore out of order.

Senator Smith of the 52nd appealed the ruling of the Chair.

Pursuant to Senate Rule 8-1.11(a), President Pro Tempore Johnson of the 1st, acting Parliamentarian, ruled SB 602 did not have a significant fiscal impact, did not require a fiscal note and was therefore in order.

Senator Grant of the 25th objected to the ruling of the Senate Parliamentarian and moved to appeal.

On the motion to appeal the ruling of the Parliamentarian, the question was, "Shall the ruling of the Senate Parliamentarian be sustained?" A roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden N Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 33, nays 21, the motion prevailed; and the ruling of the President Pro Tempore was sustained.

Senator Cagle of the 49th moved that SB 602 be placed on the Table.

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Senator Smith of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman N Balfour Y Brown Y Bulloch Y Butler Y Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden Y Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay Y Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R E Thompson,C Y Thompson,S N Tolleson N Unterman Y Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 25, nays 29; the motion lost, and SB 602 was not placed on the Table.

Senator Thompson of the 33rd moved that the Senate adjourn.

Senator Seabaugh of the 28th objected.

Senator Smith of the 52nd called for the yeas and nays; the call was sustained and on the motion to adjourn a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Brown Y Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas

N Hill,Jack N Hill,Judson N Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver N Tate N Thomas,D N Thomas,R E Thompson,C

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Y Fort N Goggans Y Golden N Grant N Hamrick N Harbison N Harp N Heath N Henson

N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

Y Thompson,S N Tolleson N Unterman N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion to adjourn the yeas were 16, nays 38; the motion to adjourn lost.

On the adoption of the substitute, the yeas were 31, nays 9, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown N Bulloch N Butler N Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden N Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay N Shafer,D

Y Smith E Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber N Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 29, nays 25.

SB 602, having received the requisite constitutional majority, was passed by substitute.

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Senator Grant of the 25th gave notice that at the proper time he would move that the Senate reconsider its action on SB 602.

SB 648. By Senators Cagle of the 49th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide that the Department of Community Health shall establish a comprehensive program to monitor for and detect the provision of medical assistance benefits to ineligible individuals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas 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 N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh N Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 3.

SB 648, having received the requisite constitutional majority, was passed.

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SB 583. By Senators Hamrick of the 30th and Shafer of the 48th:

A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for criminal trials, so as to provide a method for the waiver of the right to trial by jury in a criminal case; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 43, nays 6.

SB 583, having received the requisite constitutional majority, was passed.

Senator Bulloch of the 11th asked unanimous consent to drop SB 612 to the foot of today's Senate Rules Calendar.

The consent was granted, and SB 612 was placed at the foot of the Rules Calendar.

Senator Eric Johnson, President Pro Tempore, assumed the Chair.

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The Calendar was resumed.
SB 483. By Senators Seay of the 34th, Whitehead, Sr. of the 24th, Zamarripa of the 36th, Reed of the 35th, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to public roads generally, so as to provide that the Department of Transportation shall conduct a study of each county to identify road corridors along which synchronized traffic signals would significantly improve the flow of traffic; to provide for a certain report; to repeal conflicting laws; and for other purposes.
The Senate Transportation Committee offered the following substitute to SB 483:
A BILL TO BE ENTITLED AN ACT
To amend Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to public roads generally, so as to provide that the Department of Transportation shall conduct a study of each county contained in the ten county area of the Atlanta Regional Commission to identify road corridors along which synchronized traffic signals would significantly improve the flow of traffic; to provide for a certain report; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to public roads generally, is amended by inserting at the end thereof a new Code section to read as follows:
32-6-52. (a) The department shall conduct a study of each county contained in the ten county area of the Atlanta Regional Commission to identify road corridors which are a part of the state highway system along which synchronized traffic signals would significantly improve the flow of traffic. Such survey may include data or reports which have already been prepared by the Department of Transportation as long as the relevant information is presented in a clear manner which is made readily available to the public. Such survey shall be completed not later than November 1, 2007. (b) The department shall submit a preliminary report with recommendations for state action to the Governor and to the respective chairpersons of the House Committee on Transportation and the Senate Transportation Committee not later than November 1, 2006, and shall submit a final report with recommendations for state action not later than November 12, 2007.

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown 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 N Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

SB 483, having received the requisite constitutional majority, was passed by substitute.

SB 550. By Senators Thomas of the 54th, Johnson of the 1st, Balfour of the 9th, Meyer von Bremen of the 12th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for a collection and recovery program for mercury switches removed from end-oflife vehicles in this state; to provide a short title; to provide for legislative

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purpose; to define certain terms; to provide for mercury minimization plans; to provide for review and approval of such plans; to provide for removal of mercury switches in accordance with such plans; to provide for reports; to provide for rules and regulations; to provide for penalties and enforcement; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 550:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for a collection and recovery program for mercury switches removed from end-of-life vehicles in this state; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for mercury minimization plans; to provide for review and approval of such plans; to provide for removal of mercury switches in accordance with such plans; to provide for reports; to provide for rules and regulations; to provide for penalties and enforcement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking reserved Article 4 and inserting in lieu thereof the following:
ARTICLE 4 12-8-100. This article shall be known and may be cited as the 'Mercury Switch Removal Act of 2006.'
12-8-101. The purpose of this article is to reduce the quantity of mercury in the environment by removing mercury switches from end-of-life vehicles and by creating a collection and recovery program for mercury switches removed from end-of-life vehicles in the State of Georgia.
12-8-102. As used in this article, the term:
(1) 'Capture rate' means the annual removal, collection, and recovery of mercury switches as a percentage of the total number of domestic end-of-life vehicles

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processed. (2) 'Director' means the director of the division. (3) 'Division' means the Environmental Protection Division of the department. (4) 'End-of-life vehicle' means a vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of recycling. (5) 'Manufacturer' means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that is the last person in the production or assembly process of a new vehicle which utilizes mercury switches or, in the case of an imported vehicle, the importer or domestic distributor of the vehicle. (6) 'Mercury minimization plan' means a plan for removing, collecting, and recovering mercury switches from end-of-life vehicles that is prepared pursuant to this article. (7) 'Mercury switch' means each convenience light switch assembly containing a mercury capsule, commonly known as a 'bullet,' that is installed in a vehicle. (8) 'Person' means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, or municipal, state, or federal government or agency or any other legal entity, however organized. (9) 'Scrap recycling facility' means a fixed location where machinery and equipment are utilized for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes. (10) 'Vehicle' means any passenger automobile or passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than 12,000 pounds. (11) 'Vehicle recycler' means any individual or entity engaged in the business of acquiring, dismantling, or destroying six or more end-of-life vehicles in a calendar year for the primary purpose of resale of their parts.
12-8-103. (a) Within 90 days after the effective date of this article, each manufacturer of vehicles sold within this state, individually or as part of a group, shall develop in consultation with the division a mercury minimization plan prepared pursuant to this Code section and submit the mercury minimization plan to the director for review and approval pursuant to this article. (b) The mercury minimization plan prepared and submitted pursuant to this Code section shall include at a minimum the following:
(1)(A)(i) Information identifying the makes, models, and years of vehicles, including current or anticipated future production models, that may contain one or more mercury switches; (ii) A description of the mercury switches; (iii) A system to mark vehicles to be processed for shredding or crushing to indicate presence or absence of mercury switches;

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(iv) The location of such mercury switches; and (v) The safe and environmentally sound methods for removal of mercury switches from end-of-life vehicles. (B) To the extent a manufacturer is uncertain as to the content of a switch installed during the manufacture of a vehicle, the mercury minimization plan shall presume that the switch is a mercury switch; (2) Educational materials to assist a vehicle recycler or a scrap recycling facility in undertaking a safe and environmentally sound method for the removal of the mercury switches from end-of-life vehicles, including information on the hazards related to mercury and the proper handling of mercury; (3) A proposal for the method of storage or disposal of the mercury switches, including the method of packaging and shipping mercury switches to the manufacturer or its agent or contractor for transfer to authorized recycling, storage, or disposal facilities; (4) A proposal for the storage of mercury switches collected and recovered from endof-life vehicles by the manufacturer or its agent or contractor if environmentally appropriate management technologies are not available; and (5) A plan for implementing and financing the system in accordance with this article. (c) To the extent practicable, a mercury minimization plan shall utilize the existing end-of-life vehicle recycling infrastructure. If the existing end-of-life vehicle recycling infrastructure is not utilized, the mercury minimization plan shall include the reasons for establishing a separate infrastructure. (d)(1) A mercury minimization plan shall provide for the financing of the removal, collection, and recovery system for mercury switches installed in vehicles manufactured by the manufacturer and its predecessors and affiliates as provided in this article. (2) Such costs shall be borne by the manufacturers of vehicles sold in this state, so as to ensure that additional financial burdens are not placed on automobile dealers or businesses dealing with end-of-life vehicles. The manufacturers shall develop a method that ensures the prompt payment to vehicle recyclers, scrap recycling facilities, and the division for costs associated with mercury switch removal. Costs shall include, but not be limited to, the following: (A) Three dollars for each mercury switch removed by a vehicle recycler or a scrap recycling facility pursuant to this article as partial compensation for the labor and other costs incurred by a vehicle recycler in the removal of the mercury switch; (B) Packaging in which to transport mercury switches to the manufacturer or its agent or contractor for transfer to authorized recycling, storage, or disposal facilities; (C) Shipping of mercury switches by the manufacturer or its agent or contractor to recycling, storage, or disposal facilities; (D) Recycling, storage, or disposal of the mercury switches; (E) The preparation and distribution to vehicle recyclers and scrap recycling facilities of the educational materials required pursuant to this article; and

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(F) Maintenance of all appropriate record-keeping systems by the manufacturer. (e) Within 30 days after the effective date of this article, each manufacturer of vehicles sold within this state, individually or as part of a group, shall provide to vehicle recyclers and scrap recycling facilities containers suitable for storing mercury switches until such time that vehicle recyclers and scrap recycling facilities can be reimbursed pursuant to this article. (f) No mercury minimization plan may require that vehicle recyclers or scrap recycling facilities segregate switches separately according to each motor vehicle model or to each manufacturer from which the switches are removed. (g) Manufacturers of vehicles sold within this state shall provide vehicle recyclers or scrap recycling facilities with reimbursement for each mercury switch in the amount established pursuant to this Code section regardless of when such switches were removed from the vehicles, if the vehicle recyclers or scrap recycling facilities maintain the records required by this article. (h) Manufacturers shall indemnify, defend, and hold harmless vehicle recyclers and scrap recycling facilities for any liabilities arising from the release of the mercury from the mercury-added components after the components are transferred free on board to the manufacturer or its agent or contractor.
12-8-104. (a)(1) Within 120 days after receipt of a mercury minimization plan, the director shall approve, disapprove, or conditionally approve the entire mercury minimization plan. The director may solicit input from representatives of vehicle recyclers, scrap recycling facilities, and other interested parties as the director deems appropriate. (2)(A) If the entire mercury minimization plan is approved, the manufacturer shall begin implementation within 30 days after receipt of approval or as otherwise agreed to by the director. (B) If the entire mercury minimization plan is disapproved, the director shall inform the manufacturer as to the reasons for the disapproval. The manufacturer shall have 30 days thereafter to submit a new mercury minimization plan consistent with the directors comments. (3)(A) The director may approve those parts of a mercury minimization plan that meet the requirements of this Code section and disapprove the parts that do not comply with the requirements of this Code section. (B) The manufacturer shall implement the approved parts of the mercury minimization plan within 30 days after receipt of approval or as otherwise agreed to by the director and submit a revised mercury minimization plan for the disapproved parts within 30 days after receipt of notification of the disapproval of the director. (C) The director shall review and approve, conditionally approve, or disapprove a revised mercury minimization plan within 30 days after receipt. (4)(A) If at the conclusion of the time period of 120 days after receipt of a mercury minimization plan the director has neither approved nor disapproved the mercury minimization plan pursuant to subparagraph (A) or (B) of paragraph (2) of this

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subsection, the mercury minimization plan shall be considered to be conditionally approved. (B) Subject to any modifications required by the director, a manufacturer shall implement a conditionally approved mercury minimization plan within 30 days after receipt of approval or as otherwise agreed to by the director. (b) At the conclusion of a time period 240 days after the effective date of this article, the director shall reserve the right to complete, on behalf of a manufacturer, and issue an approved plan or any portion of a plan that has not been approved pursuant to this Code section. (c)(1) The director may review a mercury minimization plan approved pursuant to this Code section and request modifications to the plan at any time upon a finding that the approved mercury minimization plan is deficient or not accomplishing the purposes set out in this article in any material respect. (2) Upon receipt of a request for modification of an approved plan, a manufacturer shall prepare and submit amendments to its plan consistent with the directors request within 60 days of receipt of such request. (3) Such amendments shall be approved or disapproved by the director within 30 days after receipt; if no action is taken after 30 days, such amendments shall be deemed approved.
12-8-105. (a) Commencing 30 days after the approval or conditional approval of a mercury minimization plan pursuant to Code Section 12-8-104, a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap recycling facility for recycling shall remove all mercury switches identified in the approved mercury minimization plan from the end-of-life vehicle prior to delivery to a scrap recycling facility, unless a mercury switch is inaccessible due to significant damage to the vehicle in the area surrounding the location of the mercury switch, in which case the damage shall be noted on the normal business records of the vehicle recycler who delivered the end-of-life vehicle to the scrap recycling facility. (b) Notwithstanding any other provision of this Code section, a scrap recycling facility may agree to accept an end-of-life vehicle which has not been intentionally flattened, crushed, or baled containing mercury switches, in which case the scrap recycling facility shall be responsible for removing the mercury switches identified in the mercury minimization plan approved pursuant to Code Section 12-8-104 before the end-of-life vehicle is intentionally flattened, crushed, baled or shredded.
(c)(1) A vehicle recycler or scrap recycling facility that removes mercury switches pursuant to this article shall maintain records documenting the number of:
(A) Mercury switches collected; (B) End-of-life domestic vehicles processed for recycling; (2) Such records shall be made available for review by the vehicle recycler or scrap recycling facility upon the request of the division. (d) No person shall represent that mercury switches have been removed from an end-

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of-life vehicle being sold, given, or otherwise conveyed for recycling if that person has not removed the mercury switches or arranged with another person to remove the mercury switches. (e) Upon removal, mercury switches shall be collected, stored, transported, and otherwise handled in accordance with the:
(1) Mercury minimization plan approved pursuant to Code Section 12-8-104; and (2) Provisions of the rules and regulations concerning universal waste adopted by the board. (f) No scrap recycling facility or other person that receives an intentionally flattened, crushed, or baled end-of-life vehicle shall be deemed in violation of this Code section if a mercury switch is found in the vehicle after its acquisition.
12-8-106. (a) One year after the implementation of a mercury minimization plan approved pursuant to Code Section 12-8-104, and annually thereafter, a manufacturer subject to this article shall report individually or as part of a group to the director concerning the implementation of the mercury minimization plan. The report shall include, but need not be limited to, the following:
(1) A detailed description and documentation of the capture rate achieved, with the goal of achieving a mercury switch capture rate of at least 90 percent, consistent with the principle that mercury switches shall be recovered unless the mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding where the mercury switch is located; (2) A description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch capture rate of at least 90 percent is not achieved; (3) The number of mercury switches collected, the number of end-of-life vehicles processed for recycling, and a description of how the mercury switches were managed; and (4) A description of the amounts paid to cover the costs of implementing the mercury minimization plan under this article. (b) The director may discontinue the requirement for the annual report pursuant to this Code section upon a finding that mercury switches in end-of-life vehicles manufactured by a particular manufacturer no longer pose a significant threat to the environment or to public health.
12-8-107. The board may adopt rules and regulations to effectuate and implement the purposes and intent of this article and the powers and duties of the division.
12-8-108. (a) Any information that constitutes a trade secret under Article 27 of Chapter 1 of Title 10, the 'Georgia Trade Secrets Act of 1990' and is obtained by the director or his

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or her agents in the administration of this article shall be kept confidential and exempt from disclosure under paragraph (1) of subsection (b) of Code Section 50-18-72. (b) Any former director or former employee of the division who obtained trade secrets in the administration of this article shall remain subject to the provisions of Article 7 of Chapter 1 of the Title 10, the 'Georgia Trade Secrets Act of 1990' and Code Section 168-13.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Heath of the 31st, Henson of the 41st, Chapman of the 3rd, Jones of the 10th, Harp of the 29th and others offered the following amendment #1:
Amend the Senate Natural Resources and the Environment Committee substitute to SB 550 (LC 25 4462S) by striking line 1 of page 1 through line 35 of page 7 and inserting in lieu thereof the following:
To amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to provide that a person who is required to deliver the certificate of a vehicle which is being scrapped or is otherwise severely damaged to certify that all mercury switches have been removed from such vehicle; to provide that any used motor vehicle parts dealer who sells such a vehicle to a scrap metal processor shall certify on the bill of sale that all mercury light switches have been removed; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, is amended by inserting at the end of paragraph (2) of subsection (a) a new subparagraph to read as follows:
(E)(i) Any person required to surrender a certificate of title of a vehicle manufactured for the 2002 model year or any preceding model year to the commissioner pursuant to the provisions of this subsection shall at the same time provide the commissioner with a written document certifying that all mercury light switches have been removed from such vehicle. (ii) Any used motor vehicle parts dealer who sells a scrap vehicle manufactured for the 2002 model year or any preceding model year to a scrap metal processor subject to the provisions of Chapter 43 of Title 43 shall certify on the bill of sale that all mercury light switches have been removed from such scrap vehicle. (iii) Any person violating this Code section shall, upon conviction, be punished as

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for a misdemeanor for each violation. Each vehicle sold in violation of this Code section shall constitute a separate offense.

Senators Heath of the 31st, Bulloch of the 11th, Pearson of the 51st, Chapman of the 3rd, Hill of the 4th and others offered the following amendment #1a:

Amend the amendment to the Senate Natural Resources and the Environment Committee substitute to SB 550 (AM 21 3441) by striking lines 8 through 10 of page 1 and inserting in lieu thereof the following: that any used motor vehicle parts dealer who sells such a

By striking lines 20 through 24 of page 1.

By striking the division designation "(ii)" on line 25of page 1 and inserting in lieu thereof the following:
(E)(i)

By striking the word "that" on line 27 of page 1 and inserting in lieu thereof the words "whether or not".

By striking the division designation "(iii)" on line 29 of page 1 and inserting in lieu thereof the division designation "(ii)".

On the adoption of the amendment, the yeas were 23, nays 11, and the Heath et al. amendment #1a was adopted.

On the adoption of the amendment, Senator Henson of the 41st called for the yeas and nays; the call was sustained, and the vote was as follows:

Adelman Y Balfour N Brown Y Bulloch N Butler N Cagle Y Carter
Chance Chapman N Douglas N Fort Y Goggans Y Golden Y Grant

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen N Miles Y Moody N Mullis N Pearson N Powell N Reed

Y Smith E Starr N Staton Y Stephens Y Stoner Y Tarver N Tate N Thomas,D N Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman N Weber

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N Hamrick Y Harbison Y Harp Y Heath N Henson

Y Rogers N Schaefer N Seabaugh N Seay Y Shafer,D

N Whitehead Y Wiles N Williams N Zamarripa

On the adoption of the amendment, the yeas were 25, nays 24, and the Heath et al. amendment #1 was adopted as amended.

Senator Balfour of the 9th moved that the Senate reconsider its action in adopting the Heath et al. amendment #1 as amended.

Senator Balfour of the 9th asked to withdraw his motion. There were no objections and the motion was withdrawn.

On the adoption of the substitute, the yeas were 34, nays 3, and the committee substitute was adopted as amended.

Senator Carter of the 13th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused.

Senator Thomas of the 2nd asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter E Chance E Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber

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Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

SB 550, having received the requisite constitutional majority, was passed by substitute.

Senator Thomas of the 54th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 14, 2006.

On the motion, a roll call was taken, and the vote was as follows:

N Adelman Balfour
N Brown Y Bulloch N Butler N Cagle Y Carter E Chance E Chapman N Douglas N Fort N Goggans Y Golden N Grant Y Hamrick N Harbison N Harp Y Heath
Henson

N Hill,Jack Y Hill,Judson N Hooks Y Hudgens
Johnson (PRS) N Jones N Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed N Rogers Y Schaefer N Seabaugh N Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Whitehead N Wiles N Williams N Zamarripa

On the motion to adjourn the yeas were 16, nays 33; the motion to adjourn lost.

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 Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.

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The Calendar was resumed.
SB 422. By Senators Unterman of the 45th, Harp of the 29th, Butler of the 55th, Balfour of the 9th and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide definitions; to provide for the scope of practice; to increase the penalty for improper practice; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 422:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide definitions; to provide for the scope of practice; to increase the penalty for improper practice; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking Code Section 43-9-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-9-1 to read as follows:
43-9-1. As used in this chapter, the term:
(1) 'Board' means the Georgia Board of Chiropractic Examiners. (2) 'Chiropractic' means the adjustment of the articulation articulations of the human body, including ilium, sacrum, and coccyx, and the use of electric X-ray photography, provided that the X-ray shall not be used for therapeutical purposes. The term 'chiropractic' shall also mean that separate and distinct branch of the healing arts whose science and art utilize the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and functions of the body, articularly of the spinal column and the nervous system, in the restoration and maintenance of health. Chiropractic is a learned profession which teaches that the relationship between structure and function in the human body is a significant health factor and that such relationships between the spinal column and the nervous system are most significant, since the normal transmission and expression of nerve energy are essential to the restoration and maintenance of health. However, the term

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'chiropractic' shall not include the use of drugs or surgery. The adjustment referred to in this paragraph and subsection (b) of Code Section 43-9-16 may only be administered by a doctor of chiropractic authorized to do so by the provisions of this chapter; provided, however, that the provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within their scope of practice. (3) 'Health certificate' means a certification of physical examination in sickness, health, or disability including reports for absence from employment or school or from participation in sports activities. (4) 'Practice of chiropractic' or 'to practice chiropractic' shall also include the procedure by which chiropractors licensed in the State of Georgia evaluate the quality and efficiency of services ordered or performed by other chiropractors, including, but not limited to, practice analysis, audit, claims review, underwriting assistance, utilization review, and compliance with applicable laws, rules, and regulations. (5) 'Subluxation' means a complex of functional or pathological articular changes that may compromise neutral integrity and may influence organ system function and general health. A subluxation is evaluated, diagnosed, and managed through the use of chiropractic procedures based on the best available rational and empirical evidence.
SECTION 2. Said chapter is further amended by striking Code Section 43-9-16, relating to scope of practice, and inserting in lieu thereof a new Code Section 43-9-16 to read as follows:
43-9-16. (a) Chiropractors who have complied with this chapter shall have the right to practice chiropractic as defined in paragraph (2) paragraphs (2) and (4) of Code Section 43-9-1 and to evaluate, diagnose, and adjust patients according to specific chiropractic methods in order to correct spinal subluxations or to adjust the articulations of the human body. Chiropractors shall observe all applicable public health regulations. (b) The chiropractic adjustment of the spine or articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use in conjunction with adjustments of the spinal structures electrical therapeutic physical modalities. Modalities include any physical agent applied to produce therapeutic change to biologic tissues including thermal, acoustic, light, mechanical, or electric energy; which induce heat or electrical current beneath the skin, including therapeutic hot or cold packs; ultrasound,; galvanism,; microwave,; diathermy,; and electromuscular electrical stimulation. Chiropractors who have complied with this chapter may utilize and recommend hot and cold packs and nonprescription, over-the-counter structural supports for the therapeutic procedures effecting change through the application of clinical skills or services that attempt to improve function, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage, and structural supports, as they relate to the articulations of the

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human body which are commonly available through retail pharmacy outlets; provided, however, that the same shall not be construed to allow chiropractors to treat patients outside the scope of practice of chiropractic as set forth in this chapter. (c) Chiropractors who have complied with this chapter may utilize those electric therapeutic physical modalities and procedures described in subsection (b) of this Code section, provided that the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization. (d) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners. (e) Chiropractors who have complied with this chapter may use X-ray and refer for diagnostic imaging, neurodiagnostic studies, and laboratory tests; provided, however, that such referral shall not be construed to allow such chiropractor to order, conduct, or perform such tests and the referral shall be to an entity with whom the chiropractor has no direct or indirect pecuniary interest. (e)(f) Chiropractors shall not prescribe or administer medicine to patients, perform surgery, or practice obstetrics or osteopathy. (f)(g) Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonics; provided, however, that this shall not prohibit the chiropractor from examining the ears or mouth to determine the appropriateness of chiropractic care. Nothing in this subsection shall be construed to prohibit a chiropractor who is licensed to perform acupuncture under Article 3 of Chapter 34 of this title from engaging in the practice of acupuncture. (g)(h) A person professing to practice chiropractic for compensation must bring to the exercise of that persons profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. If a chiropractor performs upon a patient any act authorized to be so performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, including but not limited to the use of modalities such as those described in subsection (b) of this Code section and X-rays, under similar circumstances the chiropractor shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar conditions and like circumstances. (h)(i) A licensed practitioner of chiropractic may use only the title 'chiropractor,' or 'doctor of chiropractic,' or 'D.C.' (i)(j) Chiropractors who have complied with this chapter may recommend the use of vitamins, minerals, or food nutritional and dietary supplements. Any such recommendation of vitamins, minerals, or food nutritional and dietary supplements shall not be construed to allow chiropractors to treat patients outside the scope of the practice of chiropractic as set forth in this chapter nor shall this subsection be construed to allow chiropractors to sell at a profit any such vitamins, minerals, or food nutritional

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and dietary supplements without providing their generic name. Nothing in this subsection shall preclude compliance with Chapter 8 of Title 48, relating to the collection of sales and use taxes.

SECTION 3. Said chapter is further amended by striking Code Section 43-9-19, relating to penalties, and inserting in lieu thereof a new Code Section 43-9-19 to read as follows:
43-9-19.
It shall be unlawful for any person to practice chiropractic unless that person shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who practices or attempts to practice chiropractic without a license, or who buys or fraudulently obtains a license to practice chiropractic, or who violates any of the terms of this chapter, or who uses the title 'doctor of chiropractic,' 'chiropractor,' 'chiropractic,' 'D.C.,' or any word or title to induce the belief that such a person is engaged in the practice of chiropractic, without first complying with this chapter, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 $5,000.00, or by imprisonment for not less than two nor more than five years, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses, and punishable in like manner.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 2, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter E Chance E Chapman E Douglas Y Fort

Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles N Moody Y Mullis

Y Smith E Starr N Staton N Stephens
Stoner N Tarver Y Tate N Thomas,D Y Thomas,R E Thompson,C Y Thompson,S

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Y Goggans Golden
Y Grant N Hamrick Y Harbison Y Harp N Heath Y Henson

N Pearson N Powell E Reed Y Rogers
Schaefer Seabaugh Y Seay Y Shafer,D

N Tolleson Y Unterman N Weber N Whitehead N Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 30, nays 15.

SB 422, having received the requisite constitutional majority, was passed by substitute.

Senator Thomas of the 54th gave notice that at the proper time he would move that the Senate reconsider its action on SB 422.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 379. By Representatives Bridges of the 10th and Cummings of the 16th:

A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system employed on or after July 1, 2006, who has an impairment which prevents him or her from performing his or her duties in the position he or she held at the onset of the impairment shall not be entitled to receive a disability allowance unless his or her employer certifies that there is no available position comparable in compensation which such employee is capable of performing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1193. By Representatives Knight of the 126th, Rice of the 51st, Coleman of the 97th, Ralston of the 7th and Talton of the 145th:

A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances, so as to prohibit owning or operating

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vehicles containing false or secret compartments; to prohibit installing false or secret compartments in a vehicle; to subject such vehicles to forfeiture; to provide a penalty for violations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 1361. By Representatives Martin of the 47th, Royal of the 171st, Graves of the 137th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain definitions; to change certain provisions regarding minimum millage rate requirements; to change certain provisions relative to creation of tax allocation districts; to change certain provisions regarding payments in lieu of taxes to certain political subdivisions; to amend Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, so as to make certain conforming changes thereto; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 1417. By Representatives Ralston of the 7th, Fleming of the 117th, Mumford of the 95th and Crawford of the 127th:
A BILL to be entitled an Act to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to allow the Administrative Office of the Courts to assist the board of jury commissioners in compiling, maintaining, and revising the lists of trial jurors and grand jurors; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information, so as to provide for a cross-reference to the Administrative Office of the Courts receiving certain information; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1483. By Representative Parsons of the 42nd:
A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to require two public hearings prior to decreasing any local salary supplement when there has been an increase in the state minimum salary schedule; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1502. By Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to property appraisal and assessment; to change certain provisions relating to bona fide conservation use covenants; to change certain provisions regarding appointment of members of county boards of tax assessors; to change certain provisions regarding qualifications of members of county boards of tax assessors; to change certain provisions regarding eligibility and terms of office of members of county boards of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has adopted by the requisite constitutional majority the following Resolution of the House:
HR 1551. By Representatives Stephens of the 164th, Smith of the 70th, Hill of the 180th, Lane of the 158th, Burns of the 157th and others:
A RESOLUTION creating the Joint Comprehensive Water Desalination Study Committee; and for other purposes.
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:
HB 547. By Representatives Lunsford of the 110th and Mosley of the 178th:
A BILL to be entitled an Act to amend Code Section 36-71-4 of the Official Code of Georgia Annotated, relating to calculation of and requirements relative to development impact fees imposed by local governments, so as to provide a maximum amount of impact fees which may be imposed with respect to the construction of a new single family residence; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 582. By Representatives Mosley of the 178th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees Retirement System of Georgia for persons

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employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 848.

By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

HB 1223. By Representatives Brown of the 69th, Cooper of the 41st, O`Neal of the 146th, Coleman of the 144th, Epps of the 128th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 1273. By Representatives O`Neal of the 146th, Talton of the 145th and Morris of the 155th:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change certain provisions regarding placement of security deposits in escrow accounts; to repeal conflicting laws; and for other purposes.

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HB 1290. By Representatives Hill of the 180th, Lewis of the 15th, Lane of the 167th and Lane of the 158th:
A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the intentional sale or fraudulent transfer or use of the records of a customer of a telephone service provider; to provide a short title; to provide for a fine, imprisonment of not more than ten years, or both; to exempt law enforcement agencies; to provide definitions; to provide a legislative purpose; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1456. By Representatives Meadows of the 5th, Maxwell of the 17th, Smith of the 131st, Forster of the 3rd, Holt of the 112th 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 provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to require that certain group accident and sickness insurance policies insure certain dependent children of the insured up to and including age 25; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1460. By Representatives Hill of the 180th, Lane of the 158th, Parrish of the 156th, Warren of the 122nd and Reese of the 98th:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to extensively revise

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various provisions relative to shrimp and shrimping; to change certain provisions relating to definitions relative to game and fish generally; to repeal certain provisions relating to size and construction requirements of cast nets; to change certain provisions relating to lawful methods of fishing generally; to change certain provisions relating to lawful gear generally; to change certain provisions relating to required records; to change certain provisions relating to taking of shrimp for noncommercial purposes generally; to change certain provisions relating to limit on amount of shrimp taken by cast net and penalty for violation; to change certain provisions relating to lawful nets; 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:

HB 654.

By Representatives Reese of the 98th, Coan of the 101st, Maddox of the 172nd and Benfield of the 85th:

A BILL to be entitled an Act to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to provide for additional definitions relative to all-terrain vehicles; to repeal conflicting laws; and for other purposes.

HB 710.

By Representatives Jenkins of the 8th, Bridges of the 10th, Ralston of the 7th, Roberts of the 154th, Bearden of the 68th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates identifying persons with diabetes; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1359. By Representatives Forster of the 3rd, Meadows of the 5th, Knox of the 24th and Harbin of the 118th:

A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to create the Georgia Assignment Pool Underwriting Authority; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for an

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assignment pool underwriting board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator or administrators; to provide for the duties of the Commissioner of Insurance with respect to the board and assignment pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum assignment pool benefits; to provide for certain exclusions for preexisting conditions; to provide for funding; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 1008. By Representative Carter of the 159th:
A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1302. By Representatives Casas of the 103rd, Fleming of the 117th, Everson of the 106th, Coan of the 101st, Reese of the 98th and others:
A BILL to be entitled an Act to provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the O.C.G.A., the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions;

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to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1451. By Representatives Sheldon of the 105th, Knox of the 24th, Walker of the 107th, Byrd of the 20th, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1484. By Representative Tumlin of the 38th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to clarify the circumstances under which an insurable interest exists with respect to personal insurance; to codify the common law with respect to certain insurable interests; to change certain provisions concerning prerequisites for replacement life insurance exceeding insurance being surrendered; to change special employee group provisions of group life insurance; to alter required policy provisions for group life insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th:
A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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HB 1506. By Representatives Houston of the 170th, Burkhalter of the 50th, Ehrhart of the 36th, Royal of the 171st, Harbin of the 118th and others:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to prohibit certain sales at any business location where the state revenue commissioner has revoked such business locations certificate of registration; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 14, 2006.
The motion prevailed, and the President announced the Senate adjourned at 6:29 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, March 14, 2006
Thirty-first Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

Senator Rogers of the 21st asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis 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 Grant of the 25th moved that the Senate reconsider its action in passing the following bill.

SB 602. By Senators Smith of the 52nd, Mullis of the 53rd, Kemp of the 46th, Stephens of the 27th and Hamrick of the 30th:

A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources with respect to mental health, so as to require the privatization of one or more state facilities for the treatment of mental illness; to provide for contracts; to provide for requirements for the operation of the treatment facility or facilities; to provide for the continued employment for current employees; to provide for related matters; to repeal conflicting laws; and for other purposes.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter N Chance Y Chapman Y Douglas

N Hill,Jack Y Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody

N Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C

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Y Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison N Harp N Heath Y Henson

E Mullis Y Pearson Y Powell E Reed N Rogers Y Schaefer N Seabaugh Y Seay Y Shafer,D

Y Thompson,S Y Tolleson N Unterman Y Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 37, nays 17; the motion prevailed, and SB 602 was reconsidered and placed at the foot of today's Senate Rules Calendar.

Senator Thomas of the 54th moved that the Senate reconsider its action in passing the following bill.

SB 422. By Senators Unterman of the 45th, Harp of the 29th, Butler of the 55th, Balfour of the 9th and Shafer of the 48th:

A BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide definitions; to provide for the scope of practice; to increase the penalty for improper practice; to provide for related matters; to repeal conflicting laws; and for other purposes.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown N Bulloch N Butler N Cagle Y Carter N Chance Y Chapman Y Douglas N Fort N Goggans Y Golden N Grant Y Hamrick

N Hill,Jack Y Hill,Judson N Hooks N Hudgens Y Johnson N Jones N Kemp N Me V Bremen N Miles Y Moody E Mullis Y Pearson Y Powell E Reed N Rogers

Y Smith N Starr Y Staton N Stephens Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman Y Weber N Whitehead

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N Harbison N Harp Y Heath N Henson

Y Schaefer Y Seabaugh N Seay N Shafer,D

Y Wiles N Williams N Zamarripa

On the motion, the yeas were 23, nays 31; the motion lost, and SB 422 was not reconsidered.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 304.

By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st:

A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 338.

By Representatives Warren of the 122nd, Jenkins of the 8th, Burns of the 157th, Williams of the 165th, Mosley of the 178th and others:

A BILL to be entitled an Act to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; to repeal conflicting laws; and for other purposes.

HB 429.

By Representatives Smith of the 168th, Rogers of the 26th, Manning of the 32nd, Coleman of the 144th and Graves of the 137th:

A BILL to be entitled an Act to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the

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setoff of debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to repeal conflicting laws; and for other purposes.

HB 731.

By Representatives Borders of the 175th and Black of the 174th:
A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that any person who was serving as a juvenile court judge on July 1, 2006, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employers and employees contribution with interest; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 907.

By Representative Reece of the 27th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Wholesale Licensure and Prescription Medication Integrity Act"; to provide for a short title; to provide for definitions; to provide for license requirements and procedures for wholesale distributors of prescription drugs; to provide for restrictions on transactions involving prescription drugs; to provide for pedigrees for prescription drugs; to provide for enforcement; to provide for prohibited acts; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 910.

By Representatives Rogers of the 26th and Graves of the 137th:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to change certain definitions; to delete certain duties of the Secretary of State with regard to cemeteries and funeral services; to amend provisions relating to the sale of preneed burial services; to delete certain fees; to make numerous other changes to the laws relating to cemeteries and funeral services; to repeal conflicting laws; and for other purposes.

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HB 953.

By Representatives Chambers of the 81st, Geisinger of the 48th, Day of the 163rd and Bearden of the 68th:

A BILL to be entitled an Act to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to change the definition of law enforcement officer; to repeal conflicting laws; and for other purposes.

HB 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others:

A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1121. By Representatives Smith of the 131st, Smith of the 129th, Yates of the 73rd, Warren of the 122nd, Smith of the 168th 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 sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction or improvement of the National Infantry Museum and Heritage Park at Fort Benning; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1160. By Representatives Knight of the 126th, Tumlin of the 38th, Mosby of the 90th and O`Neal of the 146th:

A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for additional adjustments with respect to certain Subchapter "S" corporations, partnerships, or limited liability companies; to provide for procedures, conditions, and limitations; to provide for a definition; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others:
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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1227. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes.
HB 1228. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Career and Technical Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes.

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HB 1239. By Representatives Setzler of the 35th, Keen of the 179th, Thomas of the 55th, Maxwell of the 17th, May of the 111th and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to require annual instruction in certain grades in criminal law in Georgia as it relates to school-aged children; to provide for legislative findings; to provide for a minimum course of study established by the State Board of Education; to provide for a manual; to provide for rules and regulations; to provide for time frames; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1244. By Representatives Scott of the 2nd, Reece of the 27th, Chambers of the 81st, Williams of the 4th, Graves of the 12th and others:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit bases; to repeal conflicting laws; and for other purposes.

HB 1249. By Representatives Reece of the 27th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Mills of the 25th 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 watercraft held in inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

HB 1279. By Representatives Butler of the 18th, Smith of the 131st, Sheldon of the 105th, Smith of the 168th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to county officers and employees participation in the state health benefit plan, so as to provide sheriffs, tax commissioners, clerks of superior court, and judges of the probate court

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with the option of participating in the state health benefit plan for themselves and their dependents; to provide for the coverage of their dependents; to provide for the manner of exercising such option; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1294. By Representatives Smith of the 113th, Floyd of the 147th and Royal of the 171st:
A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the O.C.G.A., relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), so as to delay the repeal of a certain provision of said Act until June 30, 2008; to eliminate the June 30, 2006, repeal of a certain provision of said Act; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to provide for certain nonlapsing revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1307. By Representatives Loudermilk of the 14th, Martin of the 47th, Lewis of the 15th, Byrd of the 20th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to the Georgia Register, so as to change certain provisions regarding the method of publishing and the contents of the publication; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1323. By Representatives O`Neal of the 146th, Keen of the 179th, Royal of the 171st and Porter of the 143rd:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; to provide for a short title; to provide for definitions; to provide for the powers, duties, and authority of infrastructure development districts; to provide for a board to administer infrastructure development districts; to provide for appointment or election of members of an infrastructure development district board; to provide for levying taxes, fees, and assessments; to provide for the debt of infrastructure development districts; to provide for general obligation bonds, revenue bonds, notes, and other obligations of infrastructure

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development districts; to provide for the form of bonds; to provide for consolidation, termination, or dissolution of infrastructure development districts; to provide for related matters; to provide a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 1335. By Representatives Day of the 163rd, Crawford of the 127th, Amerson of the 9th, Horne of the 71st, Hanner of the 148th and others:
A BILL to be entitled an Act to amend Code Section 35-3-34.1 of the O.C.G.A., relating to the circumstances when an exonerated first offenders criminal record may be disclosed, so as to permit state or local law enforcement units to review first offender record information when hiring a law enforcement officer; to amend Code Section 42-8-63.1 of the O.C.G.A., relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1372. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1391. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to change certain provisions relating to creation of the State Licensing Board for Residential and General Contractors, membership, divisions, vacancies, qualifications, terms, and meetings; to change certain provisions relating to appointment of members, chairperson, meetings and quorums, and assistance from professional licensing boards division; to repeal conflicting laws; and for other purposes.

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HB 1403. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change certain provisions regarding procedures for certifying additional qualified municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1423. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts, so as to change the terms of the superior court in Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1424. By Representatives Smith of the 168th, Williams of the 165th, Hatfield of the 177th, Sims of the 169th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to change certain provisions relating to hunting with dogs generally; to change certain provisions relating to killing of dogs running deer; to repeal conflicting laws; and for other purposes.
HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th:
A BILL to be entitled an Act 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 require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1497. By Representatives Knight of the 126th, Chambers of the 81st, Burkhalter of the 50th and Benfield of the 85th:
A BILL to be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be

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outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is supplementary to other laws; to provide for liability for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1501. By Representatives Lindsey of the 54th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change provisions relating to the maximum fines which may be imposed for violations of county ordinances and which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize counties and municipalities to adopt ordinances relating to alcoholic beverages specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1528. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved April 13, 2001 (Ga. L. 2001, p. 4130), so as to increase the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1542. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to extend the date by which the licensing requirements imposed by the chapter become effective; to extend the date by which persons must meet and apply to be licensed without examination; to change provisions relating to licensure involving a reciprocal agreement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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HB 1557. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, p. 3792), so as to repeal a provision relating to limitations on terms of service; to provide for other matters; to repeal conflicting laws; and for other purposes.
HB 1558. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, so as to change the corporate boundaries of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1559. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to provide a new charter for the City of Guyton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806); to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1560. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3921), so as to change the compensation of the judge and solicitor-general of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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HB 1561. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Randolph County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Randolph County; to repeal conflicting laws; and for other purposes.
HB 1562. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended, so as to change the corporate limits of such city by annexing certain territory in Stewart County into such city; to repeal conflicting laws; and for other purposes.
HB 1572. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th:
A BILL to be entitled an Act to provide a salary supplement for each judge of the Superior Court of the Bell-Forsyth Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1573. By Representative Mills of the 25th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1574. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3576), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4272), so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system; to repeal conflicting laws; and for other purposes.

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HB 1575. By Representatives Mills of the 25th, Rogers of the 26th, Reece of the 27th and Benton of the 31st:
A BILL to be entitled an Act to provide for the continuation of 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 Hall County School District, City of Gainesville Independent School District, and City of Buford Independent School District; to provide for applicability; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1576. By Representatives Knox of the 24th, Murphy of the 23rd and Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County and the office of solicitor-general of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, so as to change the provisions relating to the compensation of the solicitor-general of Forsyth County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1577. By Representative Loudermilk of the 14th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; 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 1578. By Representative Loudermilk of the 14th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 1579. By Representative Loudermilk of the 14th:

A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city 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.

HB 1580. By Representative Loudermilk of the 14th:

A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1581. By Representatives Smith of the 70th and Horne of the 71st:

A BILL to be entitled an Act to provide that the board of education of Coweta County shall be authorized to provide group medical insurance for a former member, including such members spouse and dependents, under certain conditions; to provide for payment; to provide for related matters; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolutions of the House:

HR 30.

By Representatives Brooks of the 63rd, Cummings of the 16th, Talton of the 145th, O`Neal of the 146th and Williams of the 89th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legislation and appropriate funds necessary to provide for retirement credit for retired members of the Peace Officers Annuity and Benefit Fund for service rendered prior to January 1, 1976; to provide that such legislation may

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provide for membership in such fund for peace officers who rendered service as a peace officer prior to January 1, 1976, but who are not members of the fund on July 1, 2007; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HR 1094. By Representatives Scheid of the 22nd, Smith of the 113th, Cummings of the 16th, Rogers of the 26th, Harbin of the 118th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from sales and use and motor fuel taxes with respect to aviation fuel may be appropriated for and grant made for all activities incident to providing and maintaining an adequate system of public-use airports in this state; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
HR 1109. By Representative Jamieson of the 28th:
A RESOLUTION honoring the life and lifetime achievements of the late Governor Samuel Ernest Vandiver, Jr., and dedicating the Samuel Ernest Vandiver, Jr., Interchange; and for other purposes.
HR 1299. By Representatives Stephens of the 164th, Burmeister of the 119th, Graves of the 137th, Channell of the 116th, Carter of the 159th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for unreimbursed trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HR 1339. By Representatives O`Neal of the 146th, Royal of the 171st and Porter of the 143rd:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts; to

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provide for the submission of this amendment for ratification or rejection; and for other purposes.
HR 1661. By Representative Hatfield of the 177th:
A RESOLUTION celebrating the life of Noah Hershel Stokes and dedicating the Hershel Stokes Memorial Overpass; and for other purposes.
HR 1798. By Representatives Morris of the 155th, Parrish of the 156th and Porter of the 143rd:
A RESOLUTION expressing regret at the passing of Wayne H. Sumner; and for other purposes.
The following resolution was read and adopted:
SR 1156. By Senator Tarver of the 22nd:
A RESOLUTION commending The Links, Incorporated, and its Links Day at the Capitol; and for other purposes.
Senator Tarver of the 22nd recognized members of The Links Incorporated, commended by SR 1156.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 665. By Senator Adelman of the 42nd:
A BILL to be entitled an Act to amend Article 8 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to protection of elder persons, so as to provide legislative findings; to provide definitions; to provide for the crime of criminal neglect of an adult; to provide for penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 666. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916 (Ga. L. 1916, p.

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819), and an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act approved May 22, 2003 (Ga. L. 2003, p. 3661), so as to provide for the transaction of business of the city council; to establish a quorum and the votes necessary to pass or enact any matter; to provide for meetings of the city council and notice thereof; to provide for the duties and powers of the mayor; to provide for the temporary appointment of individuals to act as city manager under certain circumstances; to provide additional duties of the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 667. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 26, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4262), so as to provide a salary for the chief magistrate, to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 668. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 669. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to make provisions related to the compensation of the judge of the juvenile court of the Clayton Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SB 670. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to provide that the solicitor-general of said court may employ such assistant solicitors-general, deputy solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be authorized by the Board of Commissioners of Clayton County; to provide for compensation; to provide for qualifications; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 671. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4130), so as to change the compensation of the chairperson and members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 672. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 673. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an

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Act approved April 16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 674. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 675. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 676. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 677. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as

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amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4665), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor-general of the state court; to provide for a county supplement; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 678. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4127), so as to change the amount of such county supplement; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 679. By Senators Stoner of the 6th, Thompson of the 5th, Henson of the 41st and Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to prohibit any person holding office as an elected executive officer, any candidate for the office of an elected executive officer, or any campaign committee of a candidate for the office of an elected executive officer from accepting a contribution from an affiliated corporation of a regulated entity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

SR 1170. By Senators Kemp of the 46th, Adelman of the 42nd, Cagle of the 49th, Hudgens of the 47th, Shafer of the 48th and others:
A RESOLUTION urging the Governor to continue his pursuit of the National Bio and Agro-Defense Facility for Georgia and expressing the Senate's support of his efforts; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SR 1176. By Senator Thompson of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the imposition of a state sales and use tax at the rate of 1 percent, the proceeds of which shall be used exclusively to build on the PeachCare for Kids program to provide health care coverage for all Georgia children; to provide for the creation and operation of the Penny for the Kids Trust Fund; to provide for legislative findings; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.
SR 1183. By Senators Wiles of the 37th, Hill of the 32nd and Rogers of the 21st:
A RESOLUTION creating the Senate Study Committee on Remote Service Terminal (ATM) Safety; and for other purposes.
Referred to the Rules Committee.

SR 1185. By Senators Tarver of the 22nd, Butler of the 55th, Harbison of the 15th, Brown of the 26th and Stoner of the 6th:
A RESOLUTION urging that all offices of Boards of Registrars be open for no less than eight hours on the last day citizens may register to vote in the next election to encourage and promote the participation of all eligible citizens in the electoral process; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
The following House legislation was read the first time and referred to committee:

HB 111. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st:
A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 338. By Representatives Warren of the 122nd, Jenkins of the 8th, Burns of the 157th, Williams of the 165th, Mosley of the 178th and others:
A BILL to be entitled an Act to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 379. By Representatives Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system employed on or after July 1, 2006, who has an impairment which prevents him or her from performing his or her duties in the position he or she held at the onset of the impairment shall not be entitled to receive a disability allowance unless his or her employer certifies that there is no available position comparable in compensation which such employee is capable of performing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

HB 429. By Representatives Smith of the 168th, Rogers of the 26th, Manning of the 32nd, Coleman of the 144th and Graves of the 137th:
A BILL to be entitled an Act to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt

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collection, so as to authorize a setoff of certain debts owed to public housing authorities; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 483. By Representatives Lane of the 158th, Parrish of the 156th and Burns of the 157th:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide for such credit for certain prior service as a temporary full-time employee; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 547. By Representatives Lunsford of the 110th and Mosley of the 178th:
A BILL to be entitled an Act to amend Code Section 36-71-4 of the Official Code of Georgia Annotated, relating to calculation of and requirements relative to development impact fees imposed by local governments, so as to provide a maximum amount of impact fees which may be imposed with respect to the construction of a new single family residence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 582. By Representatives Mosley of the 178th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

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HB 654. By Representatives Reese of the 98th, Coan of the 101st, Maddox of the 172nd and Benfield of the 85th:
A BILL to be entitled an Act to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to provide for additional definitions relative to all-terrain vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 710. By Representatives Jenkins of the 8th, Bridges of the 10th, Ralston of the 7th, Roberts of the 154th, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates identifying persons with diabetes; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 731. By Representatives Borders of the 175th and Black of the 174th:
A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that any person who was serving as a juvenile court judge on July 1, 2006, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employers and employees contribution with interest; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as

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to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 873. By Representatives Walker of the 107th, Hudson of the 124th, Day of the 163rd and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians assistants, so as to allow physicians assistants to render assistance during a state of emergency or public health emergency; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

HB 874. By Representatives Chambers of the 81st, Jacobs of the 80th, Millar of the 79th, Willard of the 49th and Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions and exemptions to requirements for disclosure of public records, so as to clarify an exception; to provide that public disclosure shall not be required for records that are specifically required by federal statute or regulation to be kept confidential; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 907. By Representative Reece of the 27th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Wholesale Licensure and Prescription Medication Integrity Act"; to provide for a short title; to provide for definitions; to provide for license requirements and procedures for wholesale distributors of prescription drugs; to provide for restrictions on transactions involving prescription drugs; to

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provide for pedigrees for prescription drugs; to provide for enforcement; to provide for prohibited acts; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 910. By Representatives Rogers of the 26th and Graves of the 137th:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to change certain definitions; to delete certain duties of the Secretary of State with regard to cemeteries and funeral services; to amend provisions relating to the sale of preneed burial services; to delete certain fees; to make numerous other changes to the laws relating to cemeteries and funeral services; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

HB 953. By Representatives Chambers of the 81st, Geisinger of the 48th, Day of the 163rd and Bearden of the 68th:
A BILL to be entitled an Act to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to change the definition of law enforcement officer; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

HB 1008. By Representative Carter of the 159th:
A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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HB 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 1121. By Representatives Smith of the 131st, Smith of the 129th, Yates of the 73rd, Warren of the 122nd, Smith of the 168th 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 sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction or improvement of the National Infantry Museum and Heritage Park at Fort Benning; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 1160. By Representatives Knight of the 126th, Tumlin of the 38th, Mosby of the 90th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for additional adjustments with respect to certain Subchapter "S" corporations, partnerships, or limited liability companies; to provide for procedures, conditions, and limitations; to provide for a definition; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Finance Committee.

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HB 1168. By Representatives Stephens of the 164th, Burkhalter of the 50th, Parrish of the 156th and Amerson of the 9th:
A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to permit sales of distilled spirits, malt beverages, and wines not produced for consumption on the premises at a tasting room of a winery; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
HB 1193. By Representatives Knight of the 126th, Rice of the 51st, Coleman of the 97th, Ralston of the 7th and Talton of the 145th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances, so as to prohibit owning or operating vehicles containing false or secret compartments; to prohibit installing false or secret compartments in a vehicle; to subject such vehicles to forfeiture; to provide a penalty for violations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others:
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

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enforcement and emergency vehicles, so as to allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1223. By Representatives Brown of the 69th, Cooper of the 41st, O`Neal of the 146th, Coleman of the 144th, Epps of the 128th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 1227. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
HB 1228. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability

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assessment programs, so as to create the Career and Technical Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
HB 1239. By Representatives Setzler of the 35th, Keen of the 179th, Thomas of the 55th, Maxwell of the 17th, May of the 111th and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to require annual instruction in certain grades in criminal law in Georgia as it relates to school-aged children; to provide for legislative findings; to provide for a minimum course of study established by the State Board of Education; to provide for a manual; to provide for rules and regulations; to provide for time frames; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
HB 1244. By Representatives Scott of the 2nd, Reece of the 27th, Chambers of the 81st, Williams of the 4th, Graves of the 12th and others:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit bases; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1248. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change

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certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 1249. By Representatives Reece of the 27th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Mills of the 25th 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 watercraft held in inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1259. By Representatives Hill of the 21st, Burmeister of the 119th, Day of the 163rd and Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the O.C.G.A., relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 1273. By Representatives O`Neal of the 146th, Talton of the 145th and Morris of the 155th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to

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change certain provisions regarding placement of security deposits in escrow accounts; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 1279. By Representatives Butler of the 18th, Smith of the 131st, Sheldon of the 105th, Smith of the 168th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to county officers and employees participation in the state health benefit plan, so as to provide sheriffs, tax commissioners, clerks of superior court, and judges of the probate court with the option of participating in the state health benefit plan for themselves and their dependents; to provide for the coverage of their dependents; to provide for the manner of exercising such option; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 1282. By Representatives Ralston of the 7th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, so as to provide for the filing of a notice of settlement; to provide for an index; to provide for a fee; to provide for a form; to provide for the effect of notice; to provide for duration; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 1290. By Representatives Hill of the 180th, Lewis of the 15th, Lane of the 167th and Lane of the 158th:
A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the intentional sale or fraudulent transfer or use of the records of a customer of a telephone service provider; to provide a short title; to provide for a fine, imprisonment of not more than ten years, or both; to exempt law enforcement agencies; to provide definitions; to provide a legislative purpose; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

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HB 1294. By Representatives Smith of the 113th, Floyd of the 147th and Royal of the 171st:
A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the O.C.G.A., relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), so as to delay the repeal of a certain provision of said Act until June 30, 2008; to eliminate the June 30, 2006, repeal of a certain provision of said Act; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to provide for certain nonlapsing revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
HB 1302. By Representatives Casas of the 103rd, Fleming of the 117th, Everson of the 106th, Coan of the 101st, Reese of the 98th and others:
A BILL to be entitled an Act to provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the O.C.G.A., the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1305. By Representatives Amerson of the 9th, Stephens of the 164th, Smith of the 113th, Royal of the 171st and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide definitions; to provide for investment entities as to which the state is a sole limited liability owner; to provide means of investment of Seed-Capital Fund moneys by and through investment entities as to which the state is a sole

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limited liability owner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1307. By Representatives Loudermilk of the 14th, Martin of the 47th, Lewis of the 15th, Byrd of the 20th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to the Georgia Register, so as to change certain provisions regarding the method of publishing and the contents of the publication; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
HB 1318. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide authority to place vending machines on the premises of department facilities for the benefit of employees; to provide for employee benefit funds; to change certain provisions relating to the Board and Department of Corrections; to provide definitions; to provide a statement of legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
HB 1323. By Representatives O`Neal of the 146th, Keen of the 179th, Royal of the 171st and Porter of the 143rd:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; to provide for a short title; to provide for definitions; to provide for the powers, duties, and authority of infrastructure development districts; to provide for a board to administer infrastructure development districts; to provide for appointment or election of members of an infrastructure development district board; to provide for levying taxes, fees, and assessments; to provide for the debt of infrastructure development districts; to provide for general obligation bonds, revenue bonds, notes, and other obligations of infrastructure development districts; to provide for the form of bonds; to provide for consolidation, termination, or dissolution

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of infrastructure development districts; to provide for related matters; to provide a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
HB 1335. By Representatives Day of the 163rd, Crawford of the 127th, Amerson of the 9th, Horne of the 71st, Hanner of the 148th and others:
A BILL to be entitled an Act to amend Code Section 35-3-34.1 of the O.C.G.A., relating to the circumstances when an exonerated first offenders criminal record may be disclosed, so as to permit state or local law enforcement units to review first offender record information when hiring a law enforcement officer; to amend Code Section 42-8-63.1 of the O.C.G.A., relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1359. By Representatives Forster of the 3rd, Meadows of the 5th, Knox of the 24th and Harbin of the 118th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to create the Georgia Assignment Pool Underwriting Authority; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for an assignment pool underwriting board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator or administrators; to provide for the duties of the Commissioner of Insurance with respect to the board and assignment pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum assignment pool benefits; to provide for certain exclusions for preexisting conditions; to provide for funding; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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HB 1361. By Representatives Martin of the 47th, Royal of the 171st, Graves of the 137th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain definitions; to change certain provisions regarding minimum millage rate requirements; to change certain provisions relative to creation of tax allocation districts; to change certain provisions regarding payments in lieu of taxes to certain political subdivisions; to amend Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, so as to make certain conforming changes thereto; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 1372. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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HB 1391. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to change certain provisions relating to creation of the State Licensing Board for Residential and General Contractors, membership, divisions, vacancies, qualifications, terms, and meetings; to change certain provisions relating to appointment of members, chairperson, meetings and quorums, and assistance from professional licensing boards division; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 1392. By Representatives Hembree of the 67th, Rice of the 51st, Murphy of the 23rd and Yates of the 73rd:
A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1403. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change certain provisions regarding procedures for certifying additional qualified municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the use of clean and renewable fuels in certain vehicles operated by certain government

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entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 1417. By Representatives Ralston of the 7th, Fleming of the 117th, Mumford of the 95th and Crawford of the 127th:
A BILL to be entitled an Act to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to allow the Administrative Office of the Courts to assist the board of jury commissioners in compiling, maintaining, and revising the lists of trial jurors and grand jurors; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information, so as to provide for a cross-reference to the Administrative Office of the Courts receiving certain information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 1423. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts, so as to change the terms of the superior court in Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 1424. By Representatives Smith of the 168th, Williams of the 165th, Hatfield of the 177th, Sims of the 169th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to change certain provisions relating to hunting with dogs generally; to change certain provisions relating to killing of dogs running deer; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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HB 1436. By Representatives Smith of the 113th, Ehrhart of the 36th, Chambers of the 81st, Drenner of the 86th, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the O.C.G.A., relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a full-course meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6 of Title 40 of the O.C.G.A., relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a full-course meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Regulated Industries and Utilities Committee.

HB 1451. By Representatives Sheldon of the 105th, Knox of the 24th, Walker of the 107th, Byrd of the 20th, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Health and Human Services Committee.

HB 1456. By Representatives Meadows of the 5th, Maxwell of the 17th, Smith of the 131st, Forster of the 3rd, Holt of the 112th 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 provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to require that certain group accident and

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sickness insurance policies insure certain dependent children of the insured up to and including age 25; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 1460. By Representatives Hill of the 180th, Lane of the 158th, Parrish of the 156th, Warren of the 122nd and Reese of the 98th:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to extensively revise various provisions relative to shrimp and shrimping; to change certain provisions relating to definitions relative to game and fish generally; to repeal certain provisions relating to size and construction requirements of cast nets; to change certain provisions relating to lawful methods of fishing generally; to change certain provisions relating to lawful gear generally; to change certain provisions relating to required records; to change certain provisions relating to taking of shrimp for noncommercial purposes generally; to change certain provisions relating to limit on amount of shrimp taken by cast net and penalty for violation; to change certain provisions relating to lawful nets; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th:
A BILL to be entitled an Act 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 require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

HB 1483. By Representative Parsons of the 42nd:
A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to require two public hearings prior to decreasing any local salary supplement when there has been

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an increase in the state minimum salary schedule; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
HB 1484. By Representative Tumlin of the 38th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to clarify the circumstances under which an insurable interest exists with respect to personal insurance; to codify the common law with respect to certain insurable interests; to change certain provisions concerning prerequisites for replacement life insurance exceeding insurance being surrendered; to change special employee group provisions of group life insurance; to alter required policy provisions for group life insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th:
A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-970 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 1497. By Representatives Knight of the 126th, Chambers of the 81st, Burkhalter of the 50th and Benfield of the 85th:
A BILL to be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements

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for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is supplementary to other laws; to provide for liability for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
HB 1501. By Representatives Lindsey of the 54th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change provisions relating to the maximum fines which may be imposed for violations of county ordinances and which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize counties and municipalities to adopt ordinances relating to alcoholic beverages specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 1502. By Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to property appraisal and assessment; to change certain provisions relating to bona fide conservation use covenants; to change certain provisions regarding appointment of members of county boards of tax assessors; to change certain provisions regarding qualifications of members of county boards of tax assessors; to change certain provisions regarding eligibility and terms of office of members of county boards of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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HB 1506. By Representatives Houston of the 170th, Burkhalter of the 50th, Ehrhart of the 36th, Royal of the 171st, Harbin of the 118th and others:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to prohibit certain sales at any business location where the state revenue commissioner has revoked such business locations certificate of registration; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 1528. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved April 13, 2001 (Ga. L. 2001, p. 4130), so as to increase the amount of such exemption; 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 1542. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to extend the date by which the licensing requirements imposed by the chapter become effective; to extend the date by which persons must meet and apply to be licensed without examination; to change provisions relating to licensure involving a reciprocal agreement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

HB 1557. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, p. 3792), so as to repeal

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a provision relating to limitations on terms of service; to provide for other matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1558. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, so as to change the corporate boundaries of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1559. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to provide a new charter for the City of Guyton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806); to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1560. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3921), so as to change the compensation of the judge and solicitor-general of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1561. By Representative Greene of the 149th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Randolph County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Randolph County; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1562. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended, so as to change the corporate limits of such city by annexing certain territory in Stewart County into such city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1572. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th:
A BILL to be entitled an Act to provide a salary supplement for each judge of the Superior Court of the Bell-Forsyth Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1573. By Representative Mills of the 25th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1574. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County,

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approved March 13, 1978 (Ga. L. 1978, p. 3576), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4272), so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1575. By Representatives Mills of the 25th, Rogers of the 26th, Reece of the 27th and Benton of the 31st:
A BILL to be entitled an Act to provide for the continuation of 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 Hall County School District, City of Gainesville Independent School District, and City of Buford Independent School District; to provide for applicability; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1576. By Representatives Knox of the 24th, Murphy of the 23rd and Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County and the office of solicitor-general of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, so as to change the provisions relating to the compensation of the solicitor-general of Forsyth County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1577. By Representative Loudermilk of the 14th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption

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and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1578. By Representative Loudermilk of the 14th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1579. By Representative Loudermilk of the 14th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1580. By Representative Loudermilk of the 14th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1581. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to provide that the board of education of Coweta County shall be authorized to provide group medical insurance for a former member, including such members spouse and dependents, under certain conditions; to provide for payment; to provide for related matters; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HR 30. By Representatives Brooks of the 63rd, Cummings of the 16th, Talton of the 145th, O`Neal of the 146th and Williams of the 89th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legislation and appropriate funds necessary to provide for retirement credit for retired members of the Peace Officers Annuity and Benefit Fund for service rendered prior to January 1, 1976; to provide that such legislation may provide for membership in such fund for peace officers who rendered service as a peace officer prior to January 1, 1976, but who are not members of the fund on July 1, 2007; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Retirement Committee.

HR 1094. By Representatives Scheid of the 22nd, Smith of the 113th, Cummings of the 16th, Rogers of the 26th, Harbin of the 118th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from sales and use and motor fuel taxes with respect to aviation fuel may be appropriated for and grant made for all activities incident to providing and maintaining an adequate system of public-use airports in this state; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Appropriations Committee.

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HR 1109. By Representative Jamieson of the 28th:
A RESOLUTION honoring the life and lifetime achievements of the late Governor Samuel Ernest Vandiver, Jr., and dedicating the Samuel Ernest Vandiver, Jr., Interchange; and for other purposes.
Referred to the Transportation Committee.
HR 1299. By Representatives Stephens of the 164th, Burmeister of the 119th, Graves of the 137th, Channell of the 116th, Carter of the 159th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for unreimbursed trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Appropriations Committee.
HR 1339. By Representatives O`Neal of the 146th, Royal of the 171st and Porter of the 143rd:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Economic Development Committee.

HR 1551. By Representatives Stephens of the 164th, Smith of the 70th, Hill of the 180th, Lane of the 158th, Burns of the 157th and others:
A RESOLUTION creating the Joint Comprehensive Water Desalination Study Committee; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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HR 1661. By Representative Hatfield of the 177th:

A RESOLUTION celebrating the life of Noah Hershel Stokes and dedicating the Hershel Stokes Memorial Overpass; and for other purposes.

Referred to the Transportation Committee.

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 1087 HB 1197 HB 1199 HB 1327

Do Pass Do Pass Do Pass Do Pass

HB 1332 HB 1333 SB 658 SR 871

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

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.

Senator Harp of the 29th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

Senator Miles of the 43rd asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.

The roll was called and the following Senators answered to their names:

Adelman Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Golden

Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Pearson Powell

Starr Staton Stephens Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman

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Hamrick Harbison Harp Heath Henson Hill,Jack

Reed Rogers Seabaugh Seay Shafer,D Smith

Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Balfour Mullis (Excused)

Fort (Excused) Schaefer

Grant (Excused) Stoner

The members pledged allegiance to the flag.

Senator Carter of the 13th introduced the chaplain of the day, Reverend Sam Rogers of Tifton, Georgia, who offered scripture reading and prayer.

Senator Staton of the 18th recognized the family of Sergeant Philip Allan Dodson, Jr., commended by SR 664, adopted previously.

The following resolution was read and adopted:

SR 1187. By Senators Shafer of the 48th, Thomas of the 54th, Kemp of the 46th, Weber of the 40th, Cagle of the 49th and others:

A RESOLUTION commending the American Red Cross and proclaiming March, 2006, American Red Cross Month; and for other purposes.

Senator Shafer of the 48th recognized members of the Red Cross, commended by SR 1187.

Senator Meyer von Bremen of the 12th introduced the doctor of the day, Dr. Joe Bateman.

The following resolutions were read and adopted:

SR 1143. By Senator Hooks of the 14th:

A RESOLUTION recognizing and congratulating Peggy Sheppard upon her retirement as director of tourism for the Town of Andersonville; and for other purposes.

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SR 1144. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Cordiary Bell on being named runner-up at the wrestling Class AAA State Championship; and for other purposes.
SR 1145. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Antonio Richardson on his fourth place finish at the wrestling Class AAA State Championship; and for other purposes.
SR 1146. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Justin Rodriguez on his sixth place finish at the wrestling Class AAA State Championship; and for other purposes.
SR 1147. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Matt Hall on his sixth place finish at the wrestling Class AAA State Championship; and for other purposes.
SR 1148. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Will McVay on his fourth place finish at the wrestling Class AAA State Championship; and for other purposes.
SR 1149. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Darren Ingram on his fifth place finish at the wrestling Class AAA State Championship; and for other purposes.

SR 1150. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Trevione Hudson on his fifth place finish at the wrestling Class AAAA State Championship; and for other purposes.

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SR 1151. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating James Bradley on his sixth place finish at the wrestling Class AAA State Championship; and for other purposes.
SR 1152. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Desmond Scott on his third place finish at the wrestling Class AAA State Championship; and for other purposes.
SR 1153. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Juan Pickett on his sixth place finish at the wrestling Class AAA State Championship; and for other purposes.
SR 1154. By Senator Harbison of the 15th:
A RESOLUTION recognizing the University of West Georgia on its centennial celebration; and for other purposes.
SR 1155. By Senator Harbison of the 15th:
A RESOLUTION commending Pastor Scottie Swinney for his life of dedicated service to his church, community, and fellow citizens; and for other purposes.
SR 1157. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION recognizing and commending James G. "Jim" Ledbetter for his contributions to the Carl Vinson Institute of Government (CVIOG) at the University of Georgia; and for other purposes.

SR 1158. By Senators Kemp of the 46th, Tolleson of the 20th, Bulloch of the 11th, Harp of the 29th, Pearson of the 51st and others:
A RESOLUTION recognizing the Daniel B. Warnell School of Forestry and Natural Resources on its centennial anniversary; and for other purposes.

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SR 1159. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating DeVante Griffin on winning the wrestling Class AAA State Championship; and for other purposes.
SR 1160. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Dorian Henderson on winning the wrestling Class AAA State Championship; and for other purposes.
SR 1161. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating C.J. Baron on winning the wrestling Class A State Championship; and for other purposes.
SR 1162. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Alan Taylor on winning the wrestling Class AAA State Championship; and for other purposes.
SR 1163. By Senator Harbison of the 15th:
A RESOLUTION commending Reverend Wayne D. Baker for his life of dedicated service to his church, community, and fellow citizens; and for other purposes.
SR 1164. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Reverend Albert McCorvey of the New Providence Missionary Baptist Church in Columbus, Georgia; and for other purposes.
SR 1165. By Senator Harbison of the 15th:
A RESOLUTION recognizing Reverend Joseph Roberson, senior pastor at South Columbus United Methodist Church, for all his contributions to the Columbus, Georgia, community; and for other purposes.
SR 1166. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Dr. Henry Cook for his contributions to the community of Columbus, Georgia; and for other purposes.

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SR 1167. By Senator Harbison of the 15th:
A RESOLUTION commending Billy Jackson; and for other purposes.
SR 1168. By Senator Harbison of the 15th:
A RESOLUTION honoring Mr. Harry Williams; and for other purposes.
SR 1169. By Senator Harbison of the 15th:
A RESOLUTION congratulating J. D. Davis Elementary School, Columbus, Georgia, as recipient of a Weyerhaeuser "Excellence in Recycling" Award; and for other purposes.
SR 1171. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION recognizing and commending Wynfield Plantation and its manager Bill Bowles on being named the 2005 Orvis Endorsed Wingshooting Lodge of the Year; and for other purposes.
SR 1172. By Senator Meyer von Bremen of the 12th:
A RESOLUTION recognizing and congratulating Everette J. Freeman, President of Albany State University; and for other purposes.
SR 1173. By Senator Meyer von Bremen of the 12th:
A RESOLUTION commending the Albany Museum of Art and its Director Aaron Berger on the institutions recognition as the 2005 Museum of the Year by the Georgia Association of Museums; and for other purposes.
SR 1174. By Senator Meyer von Bremen of the 12th:
A RESOLUTION remembering and honoring the life of the Reverend Dr. John Rowan Claypool IV; and for other purposes.

SR 1175. By Senators Jones of the 10th, Miles of the 43rd, Powell of the 23rd, Brown of the 26th, Henson of the 41st and others:
A RESOLUTION commending Mr. Lee Haney; and for other purposes.

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SR 1177. By Senator Thompson of the 5th:
A RESOLUTION commending Charles Tyler Crump; and for other purposes.
SR 1178. By Senator Thompson of the 5th:
A RESOLUTION commending Christopher John Hudgins; and for other purposes.
SR 1179. By Senators Johnson of the 1st, Williams of the 19th, Wiles of the 37th and Balfour of the 9th:
A RESOLUTION commending Mr. Billy Tauzin; and for other purposes.
SR 1180. By Senators Williams of the 19th, Douglas of the 17th, Johnson of the 1st and Cagle of the 49th:
A RESOLUTION welcoming O. Bruton Smith, Jeff Burton, Reed Sorenson, John Andretti, Bill Lester, and David Ragan to Atlanta Motor Speedway Day at the Capitol; and for other purposes.
SR 1181. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th:
A RESOLUTION commending the 2006 Senate aides for their service; and for other purposes.
SR 1182. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th:
A RESOLUTION commending the Senate interns for the 2006 regular session; and for other purposes.
SR 1184. By Senators Chance of the 16th, Douglas of the 17th, Rogers of the 21st, Cagle of the 49th, Carter of the 13th and others:
A RESOLUTION commending Mr. Reed Sorenson; and for other purposes.
HR 1798. By Representatives Morris of the 155th, Parrish of the 156th and Porter of the 143rd:
A RESOLUTION expressing regret at the passing of Wayne H. Sumner; and for other purposes.

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Senator Tarver of the 22nd introduced Dr. Rich Jadick, commended by SR 796, adopted previously. Dr. Jadick addressed the Senate briefly.

Senator Tolleson of the 20th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh 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

Tuesday, March 14, 2006 Thirty-first Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 658

Carter of the 13th TIFT COUNTY

A BILL to be entitled an Act to amend an Act providing for the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5262), and an Act approved February 16, 1994 (Ga. L. 1994, p. 3538), so as to provide for the continuation in office of the current members; to provide for the election of a chairperson; to provide for related matters; to provide for a submission pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes.

HB 1087

Williams of the 19th WAYNE COUNTY

A BILL to be entitled an Act to increase the number of directors on the board of the Wayne County Industrial Development Authority established by Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147) and carried forward as part of the Constitution of the State of Georgia by Ga. L. 1987, p. 3805 (Act No. 141; HB 940), from seven to nine, pursuant to the power granted to the General Assembly by paragraph N. in Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147); to repeal conflicting laws; and for other purposes.

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HB 1199

Chapman of the 3rd MCINTOSH COUNTY

A BILL to be entitled an Act to provide that the probate judge of McIntosh County shall serve ex officio as chief magistrate of the Magistrate Court of McIntosh County on and after a date certain; to provide an effective date; to repeal certain Acts; to repeal conflicting laws; and for other purposes.

HB 1327

Tarver of the 22nd Powell of the 23rd CITY OF AUGUSTA

A BILL to be entitled an Act to authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

HB 1332

Meyer von Bremen of the 12th TERRELL COUNTY

A BILL to be entitled an Act to provide that the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Terrell County; to repeal conflicting laws; and for other purposes.

HB 1333

Meyer von Bremen of the 12th TERRELL COUNTY

A BILL to be entitled an Act to provide that the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Terrell County; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

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HB 1197

Chapman of the 3rd CITY OF DARIAN

A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the local legislation, the yeas were 52, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

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NOTICE OF MOTION TO RECONSIDER: SB 602 Human Resources, Dept.; mental health; require privatization of one/more
state facilities; provide contracts (Substitute)(H&HS-52nd)

SB 422

Chiropractors; definitions; scope of practice; increase penalty for improper practice (Substitute)(H&HS-45th)

SENATE RULES CALENDAR TUESDAY, MARCH 14, 2006 THIRTY-FIRST LEGISLATIVE DAY

HB 400

Teachers Retirement; postretirement benefit increase; provisions (RET-31st) Coleman-97th

HB 1052 Motor vehicles; distinguishable transporter license plate; provisions (PS&HS-20th) Murphy-23rd

HB 81

Homestead exemption; unremarried surviving spouse of deceased spouse; provisions (FIN-1st) Day-163rd

SR 1027

Court Surcharges and Additional Fines, Senate Study Committee; create (JUDY-37th)

HB 984

Education; parent in military service; excused absences; provide(Substitute) (ED&Y-16th) Coan-101st

HB 149 Garnishment; exempt certain IRAs (RET-48th) Franklin-43rd

SR 844 Bluegrass Music Week in Georgia; recognize (RULES-24th)

HB 644

Employees' Retirement; allowable service; change provisions (RET-31st) Coleman-97th

HB 660

Firefighters' and Class Nine Pension Funds; certain active military duty; creditable service (RET-31st) Cummings-16th

HB 1020 Retirement; allowances; withdrawal of contributions; amend provisions (RET-31st) Bridges-10th

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

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Senator Butler of the 55th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.
Senator Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.
The following legislation was read the third time and put upon its passage:
HB 400. By Representatives Coleman of the 97th, Cummings of the 16th, Bridges of the 10th, Meadows of the 5th, Maddox of the 172nd and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Heath of the 31st.
The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
January 17, 2006
The Honorable Brooks P. Coleman, Jr. State Representative State Capitol, Room 416 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Substitute to House Bill 400 (LC 21 8630S)

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Dear Representative Coleman:
This bill would amend provisions relating to retirement allowances under the Teachers Retirement System of Georgia. Specifically, this bill would provide for a postretirement benefit increase for beneficiaries who began receiving retirement benefits on or before June 30, 1987. Under the provisions of this bill, all beneficiaries who retired prior to July 1, 1974 with at least 20 years of creditable service would receive a benefit increase of 10 percent. This bill provides for smaller increases for members who retired from July 1, 1974 to June 30, 1987 and for persons who retired with less than 20 years of creditable service. This bill does not authorize a postretirement benefit increase for any member who retired after June 30, 1987.
This is to certify that the changes made in this substitute bill are a reduction in cost amendment as defined in the Public Retirement Systems Standards Law. The actuarial investigation and the State Auditor's Summary for the substitute bill are attached.
Respectfully,
/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
January 17, 2006
Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 400 (LC 21 8630S) Teachers Retirement System

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2263

Dear Chairman Bridges:

This bill would amend provisions relating to retirement allowances under the Teachers Retirement System of Georgia. Specifically, this bill would provide for a postretirement benefit increase for beneficiaries who began receiving retirement benefits on or before June 30, 1987. Under the provisions of this bill, all beneficiaries who retired prior to July 1, 1974 with at least 20 years of creditable service would receive a benefit increase of 10 percent. This bill provides for smaller increases for members who retired from July 1, 1974 to June 30, 1987 and for persons who retired with less than 20 years of creditable service. This bill does not authorize a postretirement benefit increase for any member who retired after June 30, 1987.

The first year cost of this legislation would be $3,760,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. The first year cost represents .04% of the current projected payroll of $9,400,000,000, and is the cost required each year for the next 20 years to amortize the unfunded actuarial accrued liability. The estimated cost is based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Approximately 57% of the additional cost resulting from this bill would be paid through state appropriations. The remaining 43% would be paid through federal, local, and other fund sources.

As written, this legislation would authorize, but not require certain local retirement systems to provide similar benefit increases to teachers who retired under a county, municipal, or local board of education retirement system. Such system would be authorized to implement this benefit increase if the actuary for the fund certifies that such increase would not result in any unfunded accrued liability or if the affected political subdivision appropriates sufficient funds to cover the actuarial cost of the benefit increase. There are currently four local retirement systems that pay benefits to retired teachers. Actuaries for these systems have determined that the first year cost for such benefit increase would range from $151 for the City of Rome to $261,000 for the Fulton County School Employees Pension Fund. The combined first year cost for the four retirement systems is $437,953. The estimated costs are based on current employee data, actuarial assumptions, and actuarial methods.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$ 48,467,000

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(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$ 3,760,000

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

20

(4) The amount of the annual normal cost which will result from the bill. $

0

(5) The employer contribution rate currently in effect.

9.24%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

9.28%

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 3,760,0000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman

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2265

E Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 400, having received the requisite constitutional majority, was passed.

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

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.

HB 1052. By Representatives Murphy of the 23rd, Rice of the 51st and Beasley-Teague of the 65th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a distinguishable transporter license plate; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Tolleson of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D

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Y Chapman E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1052, having received the requisite constitutional majority, was passed.

Senator Butler of the 55th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.

Senator Fort of the 39th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.

HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:

A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

Senator Jones of the 10th offered the following amendment #1:

Amend HB 81 (LC 18 4116S) by striking "unremarried" from line 20 of page 1.

By striking "unremarried" from line 15 of page 2.

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2267

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp N Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks N Hudgens Y Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody
Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson N Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the amendment, the yeas were 43, nays 6, and the Jones amendment #1 was adopted.

Senators Wiles of the 37th, Hill of the 32nd, Heath of the 31st, Hamrick of the 30th, Staton of the 18th and others offered the following amendment #2:

Amend HB 81 by inserting "to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding property tax exemptions, so as to redefine the term 'applicant';" between "exemptions;" and "to" on line 4 of page 1.

By inserting between Sections 1 and 2 the following:

SECTION 1A. Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding property tax exemptions, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
(1) 'Applicant' means a person who is:
(A)(i) A married individual living with his spouse; (B)(ii) An individual who is unmarried but who permanently maintains a home for the benefit of one or more other individuals who are related to such individual

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or dependent wholly or partially upon such individual for support; (C)(iii) An individual who is widowed having one or more children and maintaining a home occupied by himself and the child or children; (D)(iv) A divorced individual living in a bona fide state of separation and having legal custody of one or more children, when the divorced individual owns and maintains a home for the child or children; or (E)(v) An individual who is unmarried or is widowed and who permanently maintains a home owned and occupied by himself.; and (B) Who is a resident of this state as defined in paragraph (15) of Code Section 40-5-1, as amended.

On the adoption of the amendment, the yeas were 41, nays 0, and the Wiles et al. amendment #2 was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 81, having received the requisite constitutional majority, was passed as amended.

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2269

Senator Jones of the 10th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

SR 1027. By Senators Wiles of the 37th, Harp of the 29th, Hamrick of the 30th, Balfour of the 9th and Adelman of the 42nd:

A RESOLUTION creating the Senate Study Committee on Court Surcharges and Additional Fines; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens E Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the resolution, the yeas were 46, nays 0.

SR 1027, having received the requisite constitutional majority, was adopted.

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HB 984. By Representatives Coan of the 101st, Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Chance of the 16th.
The Senate Education and Youth Committee offered the following substitute to HB 984:
A BILL TO BE ENTITLED AN ACT
To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that a student whose parent or legal guardian is in military service is granted excused absences from school to visit with his or her parent or legal guardian prior to deployment or while on leave; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, is amended by inserting after Code Section 20-2-692, relating to General Assembly pages granted excused absences, a new Code Section 20-2-692.1 to read as follows:
20-2-692.1. A student whose parent or legal guardian is in military service in the armed forces of the United States or the National Guard, and such parent or legal guardian has been called to duty for or is on leave from overseas deployment to a combat zone or combat support posting, shall be granted excused absences, up to a maximum of five school days per school year, for the day or days missed from school to visit with his or her parent or legal guardian prior to such parents or legal guardians deployment or during such parents or legal guardians leave. Nothing in this Code section shall be construed to require a local school system to revise any policies relating to maximum number of excused and unexcused absences for any purposes.

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2271

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 984, having received the requisite constitutional majority, was passed by substitute.

Senator Seabaugh of the 28th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

HB 149. By Representatives Franklin of the 43rd, Scott of the 2nd, Jacobs of the 80th, Benfield of the 85th, Willard of the 49th and others:

A BILL to be entitled an Act to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or

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retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Shafer of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle E Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison
Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

HB 149, having received the requisite constitutional majority, was passed.

Senator Kemp of the 46th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

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SR 844. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION recognizing May 1st through 7th as "Bluegrass Music Week in Georgia"; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle E Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the resolution, the yeas were 45, nays 0.

SR 844, having received the requisite constitutional majority, was adopted.

HB 644. By Representatives Coleman of the 97th, McCall of the 30th, Bridges of the 10th, Cummings of the 16th and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for certain temporary full-time service, so as to

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change certain provisions relating to allowable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Heath of the 31st.
The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
February 22, 2005 The Honorable Brooks Coleman State Representative State Capitol, Room 416 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 664 (LC 21 8257)
Dear Representative Coleman:
This bill would amend provisions relating to creditable service under the Employees' Retirement System. Specifically, this bill would allow members who had `temporary full-time service' in the legislative branch prior to July 1, 2006 to obtain up to 10 years of creditable service for such prior service. Currently, this provision is only available to persons who had such service prior to January 1, 1996. Members wishing to obtain such creditable service must submit their application to the Board by January 1, 2007 and pay the employee and employer contributions that would have been paid to the retirement system during such period of time.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,
/s/ Russell W. Hinton State Auditor

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2275

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
October 20, 2005
Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 644 (LC 21 8257) Employees' Retirement System
Dear Chairman Bridges:
This bill would amend provisions relating to creditable service under the Employees' Retirement System. Specifically, this bill would allow members who had `temporary full-time service' in the legislative branch prior to July 1, 2006 to obtain up to 10 years of creditable service for such prior service. Currently, this provision is only available to persons who had such service prior to January 1, 1996. Members wishing to obtain such creditable service must submit their application to the Board of Trustees by January 1, 2007 and pay the employee and employer contributions that would have been paid to the Employees' Retirement System during such period of time.
The first year cost of this legislation would be $6,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. The first year cost represents .0002% of the current projected payroll of $2,600,000,000 and is the cost required each year for the next 20 years to amortize the unfunded actuarial accrued liability. The estimated cost is based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through State appropriations.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be

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considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$ 78,000

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$ 6,000

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

20

(4) The amount of the annual normal cost which will result from the bill. $

0

(5) The employer contribution rate currently in effect.

10.41%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

10.41%

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 6,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour E 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 E Stoner Y Tarver E Tate

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Y Chance Y Chapman E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

HB 644, having received the requisite constitutional majority, was passed.

HB 660. By Representatives Cummings of the 16th, Bridges of the 10th, Yates of the 73rd and Forster of the 3rd:

A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400

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Russell W. Hinton State Auditor (404) 656-2174

February 22, 2005

The Honorable Bill Cummings State Representative Legislative Office Building, Room 604-A Atlanta, Georgia 30334
Dear Representative Cummings:

SUBJECT: State Auditor's Certification House Bill 660 (LC 21 8224)

This bill would amend provisions relating to creditable service for members of the Georgia Firefighters' Pension Fund and members of the Georgia Class Nine Fire Department Pension Fund. Specifically, this bill would allow members of these Funds to obtain creditable service for a break in service as a result of being called to active military duty on or after September 11, 2001. Creditable service would be granted if the member returns to employment as a firefighter upon his or her release from active duty and if the member pays the board for the cost of the normal monthly dues owed during such break in service. This payment would be due to the Board within one year of the member's release from active duty and return to employment. This bill would also change provisions relating to the calculation of creditable service by authorizing the Board to calculate creditable service on a monthly basis.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Respectfully,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

TUESDAY, MARCH 14, 2006

2279

October 25, 2005

Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 660 (LC 21 8468S) Georgia Firefighters' Pension Fund Georgia Class Nine Fire Department Pension Fund

Dear Chairman Bridges:

This bill would amend provisions relating to creditable service for members of the Georgia Firefighters' Pension Fund and members of the Georgia Class Nine Fire Department Pension Fund. Specifically, this bill would allow members of these Funds to obtain creditable service for a break in service as a result of being called to active military duty. Creditable service would be granted if the member returns to employment as a firefighter upon his or her release from active duty and if the member pays the Board of Trustees for the cost of the normal monthly dues owed during such break in service. This payment would be due to the Board within one year of the member's release from active duty and return to employment. This bill would also change provisions relating to the calculation of creditable service by authorizing the Board to calculate creditable service on a monthly basis.

The first year cost of this legislation to the Georgia Firefighters' Pension Fund would be $752,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This cost includes $690,000 each year for the next 30 years to amortize the unfunded actuarial accrued liability and $62,000 each year to fund the normal cost. Currently, revenues for the Fund are generated from member contributions, the 1% tax on gross premiums issued by fire insurance companies in Georgia, and interest on the Fund's assets. Based on information obtained from the actuary, revenues generated by the Fund are sufficient to cover the full cost of this bill. The cost estimate is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation.

The first year cost of this legislation to the Georgia Class Nine Fire Department Pension Fund would be $3,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This is the cost required each year for the next 30 years to amortize the unfunded actuarial accrued liability. Currently, revenues for the Fund are generated from member contributions, tax revenues from premiums paid on policies that cover property protected by class nine fire departments, and interest on the Fund's assets. Based on

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information obtained from the actuary, revenues generated by the Fund are sufficient to cover the full cost of this bill. The cost estimate is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Georgia Firefighters' Pension Fund

(1) The amount of the unfunded actuarial accrued liability which will

result from the bill.

$ 10,061,000

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$ 690,000

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

30

(4) The amount of the annual normal cost which will result from the bill. $ 62,000

(5) The employer contribution rate currently in effect.

1% tax on premiums

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

1% tax on premiums

$

0*

* This bill would increase costs in the first year by $752,000. However, based on information obtained from the actuary, the amount of revenues currently generated by the Fund is sufficient to cover any additional costs associated with this legislation. Therefore, it would not be necessary to increase the annual employer contribution in order to fund this legislation.

Georgia Class Nine Fire Department Pension Fund (1) The amount of the unfunded actuarial accrued liability which will
result from the bill.

$ 38,000

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2281

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$ 3,000

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

30

(4) The amount of the annual normal cost which will result from the bill. $

0

(5) The employer contribution rate currently in effect.

Tax on applicable premiums

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

Tax on Applicable premiums

$

0*

* This bill would increase costs in the first year by $3,000. However, based on information obtained from the actuary, the amount of revenues currently generated by the Fund is sufficient to cover any additional costs associated with this legislation. Therefore, it would not be necessary to increase the annual employer contribution in order to fund this legislation.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigations and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour E Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Y Starr Y Staton Y Stephens E Stoner

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Y Cagle Carter
Y Chance Y Chapman E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

HB 660, having received the requisite constitutional majority, was passed.

Senator Hill of the 32nd asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused.

Senator Chance of the 16th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

HB 1020. By Representatives Bridges of the 10th, Meadows of the 5th, Brooks of the 63rd, Cummings of the 16th and Coleman of the 97th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to insert language emphasizing that retirement allowances in several public retirement systems shall not become effective prior to the month following the members final month of employment; to provide that the trustees of the Georgia Defined Contribution Plan shall establish the amount below which a departing member must withdraw his or her contributions; to provide for gender neutrality; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st.

The following Fiscal Note, as required by law, was read by the Secretary:

TUESDAY, MARCH 14, 2006

2283

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
January 6, 2006

The Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

Dear Chairman Bridges:

SUBJECT: State Auditor's Certification House Bill 1020(LC 21 8596)

This bill would amend provisions relating to retirement allowances under the following retirement systems:
Employees' Retirement System; Public School Employees Retirement System; Georgia Judicial Retirement System; and Georgia Military Pension Fund. Specifically, this bill would clarify that retirement allowances due to retiring members of these systems will not become effective earlier than the first of the month following the member's final month of employment.

This bill would also amend provisions relating to the withdrawal of contributions and earnings from the Georgia Defined Contribution Plan. Under the current law, the board may require any member who ceases to be an employee to withdraw all amounts credited to them if such amount is less than $3,500. If this legislation is enacted, the board would set the minimum amount that a terminating employee must have in order to maintain their account in the defined contribution plan.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

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JOURNAL OF THE SENATE

Respectfully,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle E Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 1020, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, March 15, 2006.

The motion prevailed, and the President announced the Senate adjourned at 12:29 a.m.

WEDNESDAY, MARCH 15, 2006

2285

Senate Chamber, Atlanta, Georgia Wednesday, March 15, 2006
Thirty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Stephens of the 27th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following 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 1583. By Representative Sims of the 169th:
A BILL to be entitled an Act to provide for the employment of marshals in Coffee County; to provide for the appointment, duties, and term of such marshals; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1584. By Representatives Smith of the 113th and Holt of the 112th:
A BILL to be entitled an Act to create the Morgan 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 conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for

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liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1586. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Brunswick, approved April 4, 1991 (Ga. L. 1991, p. 3911), as amended, so as to change certain provisions relating to nomination of candidates; to provide for submission for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1591. By Representatives Hill of the 21st, Byrd of the 20th and Murphy of the 23rd:
A BILL to be entitled an Act to authorize the City of Ball Ground 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.
HB 1594. By Representatives Greene of the 149th and Hanner of the 148th:
A BILL to be entitled an Act to create the Lower Chattahoochee Regional Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for succession in interest to the CuthbertRandolph Airport Authority; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for an effective date; to repeal a certain Act; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 15, 2006

2287

HB 1597. By Representatives Anderson of the 123rd, Lord of the 142nd and Burns of the 157th:

A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved April 6, 1996 (Ga. L. 1996, p. 3944), so as to change certain provisions regarding the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has passed by the requisite constitutional majority the following Bills of the Senate:

SB 299. By Senator Goggans of the 7th:

A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 387. By Senator Butler of the 55th:

A BILL to be entitled an Act to provide for a homestead exemption from City of Clarkston ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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.

SB 436.

By Senators Grant of the 25th, Harp of the 29th, Tolleson of the 20th, Pearson of the 51st and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change certain provisions relating to meetings of the State Board of Technical and Adult Education; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:
SB 381. By Senators Harp of the 29th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:

SB 680. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate and revise the provisions of said Act; to provide for a comprehensive restatement; to change provisions relating to the chairperson and vice chairperson of the board and their selection, service, and powers and duties; to change provisions relating to meetings, a quorum, and voting; to modernize certain provisions and language and omit certain obsolete provisions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SR 1194. By Senator Balfour of the 9th:
A RESOLUTION applauding the Association County Commissioners of Georgia and the Georgia Municipal Association and urging the Council of Local Governments to address those issues of conflict between cities and counties such as service delivery, local government revenues, and land use; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

WEDNESDAY, MARCH 15, 2006

2289

SR 1195. By Senator Cagle of the 49th:
A RESOLUTION urging the Environmental Protection Division of the Georgia Department of Natural Resources to allow electric generation peaking facilities, which have the capability to fire natural gas or fuel oil and the flexibility to use either fuel throughout the year, assuring the state will benefit from the operation of these facilities when natural gas supplies have been interrupted or are otherwise highly volatile; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
The following House legislation was read the first time and referred to committee:
HB 1583. By Representative Sims of the 169th:
A BILL to be entitled an Act to provide for the employment of marshals in Coffee County; to provide for the appointment, duties, and term of such marshals; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1584. By Representatives Smith of the 113th and Holt of the 112th:
A BILL to be entitled an Act to create the Morgan 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 conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1586. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Brunswick, approved April 4, 1991 (Ga. L. 1991, p. 3911), as amended,

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so as to change certain provisions relating to nomination of candidates; to provide for submission 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 1591. By Representatives Hill of the 21st, Byrd of the 20th and Murphy of the 23rd:
A BILL to be entitled an Act to authorize the City of Ball Ground to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1594. By Representatives Greene of the 149th and Hanner of the 148th:
A BILL to be entitled an Act to create the Lower Chattahoochee Regional Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for succession in interest to the Cuthbert-Randolph Airport Authority; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for an effective date; to repeal a certain Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1597. By Representatives Anderson of the 123rd, Lord of the 142nd and Burns of the 157th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved April 6,

WEDNESDAY, MARCH 15, 2006

2291

1996 (Ga. L. 1996, p. 3944), so as to change certain provisions regarding the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 834 HB 1012 HB 1018 HB 1120

Do Pass Do Pass by substitute Do Pass Do Pass

HB 1219 HB 1272 HB 1293 HB 1310

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Cagle of the 49th District, Chairman

Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1066 HB 1092 HB 1112

Do Pass by substitute Do Pass Do Pass

Respectfully submitted, Senator Thomas of the 54th District, Chairman

Mr. President:

The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1257 HB 1291

Do Pass by substitute Do Pass

Respectfully submitted, Senator Hudgens of the 47th District, Chairman

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JOURNAL OF THE SENATE

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 376 Do Pass HB 692 Do Pass

HB 1421 Do Pass by substitute HB 1496 Do Pass

Respectfully submitted, Senator Smith of the 52nd 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 950 HB 1348 HB 1435 HB 1523 HB 1524 HB 1525 HB 1526 HB 1527

Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1529 HB 1530 HB 1531 HB 1532 HB 1533 HB 1534 HB 1554

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

Mr. President:

The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HR 1395 Do Pass

Respectfully submitted, Senator Grant of the 25th District, Chairman

The following legislation was read the second time:

SR 871

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2293

Senator Harbison of the 15th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused.

Senator Seay of the 34th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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 Miles of the 43rd asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused.

Senator Schaefer of the 50th asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden 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.

Senator Weber of the 40th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

Senator Hudgens of the 47th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.

The roll was called and the following Senators answered to their names:

Adelman Brown Butler Carter Chance Chapman Douglas Goggans

Johnson Kemp Me V Bremen Miles Moody Mullis Pearson Powell

Staton Stephens Tarver Tate Thomas,D Thomas,R Thompson,C Unterman

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JOURNAL OF THE SENATE

Golden Harbison Hill,Jack Hill,Judson Hooks Hudgens

Rogers Schaefer Seabaugh Seay Smith Starr

Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Balfour Fort (Excused) Harp (Excused) Reed (Excused) Thompson, S (Excused)

Bulloch Grant Henson (Excused) Shafer, D Tolleson (Excused)

Cagle (Excused) Hamrick Jones (Excused) Stoner (Excused)

Senator Shafer of the 48th was off the floor of the Senate when the roll was called and wished to be recorded as present.

The members pledged allegiance to the flag.

Senator Smith of the 52nd introduced the chaplain of the day, Reverend Glynn Stone of Rome, Georgia, who offered scripture reading and prayer.

Senator Smith of the 52nd introduced Dr. Raymond Corpe, commended by SR 868, adopted previously. Dr. Corpe addressed the Senate briefly.

Senator Kemp of the 46th recognized Mr. Henry Huckaby, commended by SR 957, adopted previously. Mr. Huckaby addressed the Senate briefly.

Senator Whitehead of the 24th recognized the family of Army Specialist Joseph Alan Lucas, Sr., commended by SR 843, adopted previously.

Senator Harbison of the 15th introduced the doctor of the day, Dr. Elizabeth Martin.

Senator Pearson of the 51st introduced John Owen, commended by SR 1106, adopted previously.

The following resolutions were read and adopted:

SR 1186. By Senator Bulloch of the 11th:

A RESOLUTION recognizing the birth of Marx Reid Gaines IV; and for other purposes.

WEDNESDAY, MARCH 15, 2006

2295

SR 1188. By Senator Hamrick of the 30th:
A RESOLUTION recognizing and commending the West Georgia Drug Task Force; and for other purposes.
SR 1189. By Senators Miles of the 43rd, Seay of the 34th, Thomas of the 2nd, Butler of the 55th and Brown of the 26th:
A RESOLUTION commending Ms. Jane Fonda; and for other purposes.
SR 1190. By Senators Miles of the 43rd, Jones of the 10th, Weber of the 40th and Butler of the 55th:
A RESOLUTION recognizing and commending the Columbia High School Eagles basketball team for winning the 2006 Class AAAA basketball state championship; and for other purposes.
SR 1191. By Senator Hamrick of the 30th:
A RESOLUTION recognizing and commending the Douglas County Meth Task Force on its receiving the 2005 Outstanding Leadership Award; and for other purposes.
SR 1192. By Senators Harp of the 29th and Harbison of the 15th:
A RESOLUTION recognizing March 16, 2006, as Columbus Day at the Capitol; and for other purposes.
SR 1193. By Senator Balfour of the 9th:
A RESOLUTION commending Operation One Voice and its Special Operations Forces Run; and for other purposes.
SR 1196. By Senator Heath of the 31st:
A RESOLUTION honoring and celebrating Mrs. Mary Louise Hollingshed on the grand occassion of her 80th birthday; and for other purposes.
SR 1197. By Senator Douglas of the 17th:
A RESOLUTION designating March 16, 2006, as Atlanta Motor Speedway Day at the Capitol; and for other purposes.

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Senator Golden of the 8th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.
The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, March 15, 2006 Thirty-second Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

HB 1348

Staton of the 18th Brown of the 26th MACON WATER COMMISSION
A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners Pension Plan," approved December 20, 1953 (Ga. L. 1953 November-December Session, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3946), so as to provide a severance option for persons who terminate membership in such plan; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1533

Schaefer of the 50th STEPHENS COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stephens County, approved March 22, 1937 (Ga. L.1937, p. 1415), as amended, so as to reconstitute the board of commissioners as a five-member board; to provide for definitions and inclusions; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 1554

WEDNESDAY, MARCH 15, 2006

2297

Schaefer of the 50th CITY OF CLAYTON
A BILL to be entitled an Act to amend an Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following ten local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

HB 1523

Schaefer of the 50th BANKS COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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 1524

Schaefer of the 50th BANKS COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

2298 HB 1525
HB 1526
HB 1527

JOURNAL OF THE SENATE
Schaefer of the 50th BANKS COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Schaefer of the 50th STEPHENS COUNTY
A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over or disabled; 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.
Schaefer of the 50th BANKS COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Banks County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1529 HB 1530 HB 1531

WEDNESDAY, MARCH 15, 2006

2299

Schaefer of the 50th STEPHENS COUNTY
A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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.

Schaefer of the 50th STEPHENS COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent 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.

Schaefer of the 50th STEPHENS COUNTY

A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 1532

Schaefer of the 50th STEPHENS COUNTY

A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1534

Schaefer of the 50th STEPHENS COUNTY

A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district for disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson

WEDNESDAY, MARCH 15, 2006

2301

Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath E Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 51, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SENATE RULES CALENDAR WEDNESDAY, MARCH 15, 2006 THIRTY-SECOND LEGISLATIVE DAY

HB 560

Ad valorem tax; county tax assessors; property valuation appeal; change certain provision (FIN-49th) Martin-47th

HB 1213 Poultry; disposal; provide (AG&CA-11th) McCall-30th

HB 543

Education; local boards; allow certain donations of sick leave (Amendment)(ED&Y-40th) Casas-103rd

HB 804 Barratry; Code section; repeal (S JUDY-12th) Ralston-7th

HB 173

Ad valorem tax; veterans organizations; exemption (Substitute)(FIN-28th) Lunsford-110th

HB 954

Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent, repeal prohibition (TRANS-37th) Geisinger-48th

HB 1067 Georgia Commission on Interstate Cooperation; certain provisions; amend (I COOP-15th) Forster-3rd

HR 1425

United Services Organization; 65th anniversary; commend (V&MA-17th) Wilkinson-52nd
Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

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Senator Cagle of the 49th asked unanimous consent to engross the following legislation on today's Senate Rules Calendar:
HB 560. By Representatives Martin of the 47th, Jones of the 46th and Geisinger of the 48th:
A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions regarding the circumstances under which county boards of tax assessors can change the valuation of real property established on appeal; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
HB 173. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Seabaugh of the 28th.
The consent was granted, and HB 560 and HB 173 were engrossed.
Senator Stephens of the 27th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.
The following legislation was read the third time and put upon its passage:
HB 560. By Representatives Martin of the 47th, Jones of the 46th and Geisinger of the 48th:
A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions regarding the circumstances under which county boards of tax assessors can change the valuation of real property established on appeal; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.

WEDNESDAY, MARCH 15, 2006

2303

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 E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 560, having received the requisite constitutional majority, was passed.

HB 1213. By Representatives McCall of the 30th, Roberts of the 154th, Royal of the 171st, Rogers of the 26th, Powell of the 29th and others:

A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to live poultry dealers, brokers, and market operators, so as to provide for disposal of dead poultry in accordance with methods for disposal of dead animals generally; to prohibit certain slaughter of poultry on the premises of dealers, brokers, and sales establishments; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Bulloch of the 11th.

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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 E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 1213, having received the requisite constitutional majority, was passed.

Senator Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

HB 543. By Representatives Casas of the 103rd, Hembree of the 67th, Maxwell of the 17th, Chambers of the 81st and Jones of the 46th:

A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Weber of the 40th.

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2305

The Senate Education and Youth Committee offered the following amendment to the substitute (LC 33 0841S) to HB 543:
Amend the substitute (LC 33 0841S) to HB 543 by striking lines 10 and 11 on page 2 and inserting in lieu thereof:
(4) A local board of education that establishes a sick leave bank pursuant to paragraph (2) of this subsection shall allow an employee of the local board to donate up to ten sick
On the adoption of the amendment, the yeas were 35, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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 E Grant Y Hamrick Y Harbison E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 543, having received the requisite constitutional majority, was passed as amended.

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HB 804. By Representatives Ralston of the 7th and Willard of the 49th:

A BILL to be entitled an Act to amend Code Section 16-10-95 of the Official Code of Georgia Annotated, relating to barratry, so as to repeal said Code section; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

N Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

HB 804, having received the requisite constitutional majority, was passed.

HB 173. By Representative Lunsford of the 110th:

A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a

WEDNESDAY, MARCH 15, 2006

2307

referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; 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
Russell W. Hinton State Auditor (404) 656-2174
February 4, 2005

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 173 (LC 18 3893)

Dear Chairman O'Neal:

This bill would expand the exemption from both state and local ad valorem property taxes on property owned by veterans' organizations. The exemption would apply to property used "primarily for veterans purposes". Currently, only property that is owned by and used exclusively as the headquarters, post home or similar facility of a veterans' organization is exempt from the ad valorem tax. In addition, the bill revises the definition of a veterans organization to include any veterans' organization that is a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code. This bill would apply to tax years beginning January 1, 2007.

The Georgia State University Fiscal Research Center reported that the cost to the State due to the extension of this exemption is estimated to be minimal. The cost to the localities stemming from the reduction in ad valorem property taxes due to this provision would be greater in magnitude but less than $500,000 across all localities. The localities would experience a larger impact because of the higher tax rates imposed on property by the local governments.

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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 173:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations which refurbish and operate historic military aircraft for educational purposes; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, is amended by striking paragraph (14) of subsection (a) and inserting in its place a new paragraph (14) to read as follows:
(14)(A) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization. As used in this paragraph, the term 'veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual; or (B) Property which is owned by and used exclusively by any veterans organization which is qualified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and which has been organized for the purpose of refurbishing and operating historic military aircraft acquired from the federal government and other sources, making such aircraft airworthy, and putting such aircraft on display to the public for educational purposes; and

WEDNESDAY, MARCH 15, 2006

2309

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, statewide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Act be approved which expands the ad valorem tax exemption for veterans organizations to include certain additional nonprofit veterans organizations which refurbish and operate historic military aircraft for educational purposes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Y Starr Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath E Henson

Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 173, having received the requisite constitutional majority, was passed by substitute.

HB 954. By Representatives Geisinger of the 48th, Chambers of the 81st, Lindsey of the 54th, Millar of the 79th, Franklin of the 43rd and others:

A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to delete a prohibition against the sale or exchange of tokens, transfers, transaction cards, or tickets without consent; 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
Butler Y Cagle Y Carter Y Chance

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D

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2311

Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath E Henson

Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 954, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following Resolution of the House:

HR 1834. By Representatives Keen of the 179th and Fleming of the 117th:
A RESOLUTION relative to adjournment; and for other purposes.
The Calendar was resumed.
HB 1067. By Representatives Forster of the 3rd, Davis of the 109th, Manning of the 32nd and Fludd of the 66th:
A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are

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joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Harbison of the 15th.
Senators Tarver of the 22nd and Harbison of the 15th offered the following amendment to HB 1067:
by delete at page 2, line 33 after "commission" the words "enable this state to do its part or more in forming a more perfect union"
and insert in lieu thereof the words "represent the interests of the State of Georgia in matters pertaining to interstate relations"
On the adoption of the amendment, the yeas were 18, nays 25, and the Tarver, Harbison 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 Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R
Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

WEDNESDAY, MARCH 15, 2006 On the passage of the bill, the yeas were 48, nays 2. HB 1067, having received the requisite constitutional majority, was passed.

2313

HR 1425. By Representatives Wilkinson of the 52nd, Yates of the 73rd, Porter of the 143rd, Reece of the 27th, Cole of the 125th and others:
A RESOLUTION recognizing and commending the United Services Organization on its 65th anniversary; and for other purposes.
Senate Sponsor: Senator Douglas of the 17th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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 E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the adoption of the resolution, the yeas were 52, nays 0.

HR 1425, having received the requisite constitutional majority, was adopted.

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Senator Douglas of the 17th gave notice that at the proper time he would move that the Senate reconsider its action on adopting SR 1189.
Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Thursday, March 16, 2006.
The motion prevailed, and the President announced the Senate adjourned at 12:00 p.m.

THURSDAY, MARCH 16, 2006

2315

Senate Chamber, Atlanta, Georgia Thursday, March 16, 2006
Thirty-third Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

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 Douglas of the 17th moved that the Senate reconsider its action in adopting the following resolution.

SR 1189. By Senators Miles of the 43rd, Seay of the 34th, Thomas of the 2nd, Butler of the 55th and Brown of the 26th:

A RESOLUTION commending Ms. Jane Fonda; and for other purposes.

On the motion to reconsider, Senator Smith of the 52nd called for the yeas and nays; the call was sustained and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson Y Jones Y Kemp N Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Starr
Y Staton E Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the motion, the yeas were 48, nays 1; the motion prevailed, and SR 1189 was reconsidered and placed at the foot of today's Senate Rules Calendar.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 1600. By Representatives Butler of the 18th, Bearden of the 68th and Brown of the 69th:

A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1603. By Representatives Jackson of the 161st, Stephens of the 164th, Bordeaux of the 162nd, Bryant of the 160th and Carter of the 159th:

A BILL to be entitled an Act to amend an Act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4031), so as to modify the compensation of members of the Board of Public Education for the City of Savannah and the County of Chatham; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 16, 2006

2317

HB 1608. By Representatives Richardson of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4145), so as to change the compensation of the chairperson and members of the commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1609. By Representatives Fleming of the 117th and Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

The House has passed by the requisite constitutional majority the following Bills of the Senate:

SB 120.

By Senators Seabaugh of the 28th, Balfour of the 9th, Stoner of the 6th, Chance of the 16th, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide legislative findings and intent; to provide definitions; to provide that no state agency shall impose any requirement on broadband service, voice over Internet protocol, or wireless service; to provide that existing requirements are void; to provide for exceptions and construction; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 486.

By Senators Balfour of the 9th, Schaefer of the 50th, Grant of the 25th, Shafer of the 48th and Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to the definition of employment under the employment security law, so as to exempt direct sellers from the definition of employment; to provide for related matters; to repeal conflicting laws; and for other purposes.

2318 SB 616. SB 626.
SB 627.

JOURNAL OF THE SENATE
By Senators Wiles of the 37th, Hill of the 32nd, Stoner of the 6th, Thompson of the 33rd and Rogers of the 21st:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to repeal conflicting laws; to provide an effective date; and for other purposes.
By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Habersham County ad valorem taxes, including taxes for educational purposes, in the amount of $10,000.00 of the assessed value of the homestead for residents of that county school district who are 65 years of age or over, which Act is the former local constitutional amendment, Resolution Act No. 162, House Resolution No. 662-1850 (Ga. L. 1978, p. 2444), which was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, so as to provide for a definition of the term "homestead" for purposes of the exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended, so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to revise the powers of the authority; to provide that the authority shall exercise its powers with the consent of the Board of Commissioners of Habersham County; to expressly authorize lease of the assets of the authority, transfer of the authoritys employees, and the provision of advice and recommendations to the Board of Commissioners of Habersham County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 16, 2006

2319

SB 628. By Senator Schaefer of the 50th:

A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are disabled or are 65 years of age or over and whose income, excluding certain retirement income, does not exceed $12,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 629. By Senator Schaefer of the 50th:

A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Habersham 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 approved May 16, 2002 (Ga. L. 2002, p. 5864), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 264. By Senators Bulloch of the 11th and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes.

The following communication was received by the Secretary:

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

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JOURNAL OF THE SENATE

The State Senate Atlanta, Georgia 30334

MEMORANDUM

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Natural Resources and the Environment Committee

The Committee on Assignments has appointed the following ex-officio member to the Senate Natural Resources and the Environment Committee to serve March 16th, 2006. The Senator appointed to serve as ex-officio member is:

Jeff Mullis of the 53rd

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

Eric Johnson /s/ Tommie Williams

Senator Williams of the 19th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

The following Senate legislation was introduced, read the first time and referred to committee:

SR 1200. By Senators Thomas of the 54th, Unterman of the 45th and Goggans of the 7th:

A RESOLUTION creating the Senate Comprehensive Medical Education Study Committee; and for other purposes.

Referred to the Rules Committee.

The following House legislation was read the first time and referred to committee:

THURSDAY, MARCH 16, 2006

2321

HB 1600. By Representatives Butler of the 18th, Bearden of the 68th and Brown of the 69th:
A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1603. By Representatives Jackson of the 161st, Stephens of the 164th, Bordeaux of the 162nd, Bryant of the 160th and Carter of the 159th:
A BILL to be entitled an Act to amend an Act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4031), so as to modify the compensation of members of the Board of Public Education for the City of Savannah and the County of Chatham; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1608. By Representatives Richardson of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4145), so as to change the compensation of the chairperson and members of the commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1609. By Representatives Fleming of the 117th and Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p.

2322

JOURNAL OF THE SENATE

2139), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 972 Do Pass HB 1241 Do Pass

Respectfully submitted, Senator Moody of the 56th District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 363 Do Pass HB 1019 Do Pass by substitute

HB 1217 Do Pass HB 1253 Do Pass by substitute

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1075 Do Pass HB 1325 Do Pass by substitute

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

THURSDAY, MARCH 16, 2006

2323

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 1375 Do Pass HB 1475 Do Pass

HB 1557 Do Pass SB 664 Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 376 HB 692 HB 834 HB 950

HB 1012 HB 1018 HB 1066 HB 1092

HB 1112 HB 1120 HB 1219

HB 1257 HB 1272 HB 1291

HB 1293 HB 1310 HB 1421

HB 1435 HB 1496 HR 1395

Senator Stephens of the 27th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

Senator Harp of the 29th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

Senator Goggans of the 7th introduced the doctor of the day, Dr. Tom Davis.

The members pledged allegiance to the flag.

Senator Heath of the 31st introduced the chaplain of the day, Chaplain Major Jim Howell of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

Senator Seay of the 34th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Bulloch

Hill,Judson Hooks Johnson

Smith Staton Stephens

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JOURNAL OF THE SENATE

Butler Cagle Chance Chapman Douglas Goggans Golden Grant Harp Heath Henson Hill,Jack

Jones Kemp Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seay Shafer,D

Stoner Tarver Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Brown Hamrick Meyer von Bremen Tate

Carter Harbison (Excused) Seabaugh (Excused) Weber (Excused)

Fort Hudgens Starr (Excused)

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators:

Brown

Tate

The following resolutions were read and adopted:

SR 1198. By Senator Miles of the 43rd:

A RESOLUTION commending Gretchen and William Winfield; and for other purposes.

SR 1199. By Senator Thomas of the 2nd:

A RESOLUTION congratulating Braddy Electric Company; and for other purposes.

SR 1201. By Senators Thomas of the 54th, Unterman of the 45th and Goggans of the 7th:

A RESOLUTION commending the Together Rx Access Card program and its participating pharmaceutical companies; and for other purposes.

THURSDAY, MARCH 16, 2006

2325

SR 1202. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Chance of the 16th and Hooks of the 14th:
A RESOLUTION commending and recognizing Scientific Games International; and for other purposes.
SR 1203. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Chance of the 16th and Hooks of the 14th:
A RESOLUTION commending the Georgia Lottery Corporation on raising eight billion dollars for education; and for other purposes.
SR 1204. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Schaefer of the 50th, Chance of the 16th, Rogers of the 21st and others:
A RESOLUTION commending Georgia's restaurant industry; and for other purposes.
Senator Mullis of the 53rd asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.
Senator Mullis of the 53rd asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.
Senator Mullis of the 53rd asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.
Senator Mullis of the 53rd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.
Senator Mullis of the 53rd asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.
The 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 16, 2006 Thirty-third Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

2326 SB 664
SR 871
HB 1375

JOURNAL OF THE SENATE
Pearson of the 51st PICKENS COUNTY
A BILL to be entitled an Act to create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to provide for 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
A RESOLUTION to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes
Johnson of the 1st Thomas of the 2nd CITY OF SAVANNAH
A BILL to be entitled an Act to authorize the City of Savannah 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

THURSDAY, MARCH 16, 2006

2327

amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

HB 1475

Pearson of the 51st CITY OF ELLIJAY

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), so as to change the corporate limits of the city; to provide for the inclusion of certain additional territory as a part of the City of Ellijay; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1557

Hill of the 4th CITY OF COLLINS

A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, p. 3792), so as to repeal a provision relating to limitations on terms of service; to provide for other matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman E Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick

E Hill,Jack Y Hill,Judson
Hooks Y Hudgens E Johnson Y Jones Y Kemp
Me V Bremen Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

E Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R
Thompson,C Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead

2328

JOURNAL OF THE SENATE

Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles E Williams Y Zamarripa

On the passage of the local legislation, the yeas were 41, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

Senators Harp of the 29th and Harbison of the 15th recognized representatives of "Columbus Day" at the Capitol, commended by SR 1192, adopted previously.

NOTICE OF MOTION TO RECONSIDER:

SR 1189 Fonda, Ms. Jane; commend (43rd)

SENATE RULES CALENDAR THURSDAY, MARCH 16, 2006 THIRTY-THIRD LEGISLATIVE DAY

HB 989

Clerks of superior courts; real estate or personal property filing fees; sunset dates; change (JUDY-49th) Fleming-117th

HB 1055 Public schools; Internet safety policies; adopt and implement (S&T-11th) Keown-173rd

HB 749

Firefighters' Pension; certain active military duty; creditable service (RET-38th) Cummings-16th

HB 999

Veterinarians and veterinary technicians; certain requirements; change provisions (AG&CA-11th) Maddox-172nd

HB 1151 Deferred compensation plan; Board of Trustees; administer (RET-21st) Cole-125th

HB 251

Judges of the Probate Courts Retirement Fund; designating surviving beneficiary (Substitute)(RET-31st) Bridges-10th

HB 809

Superior Court Clerks' Retirement; survivors benefits; amend provisions (RET-25th) Knight-126th

THURSDAY, MARCH 16, 2006

2329

HB 1042 Annual accounting periods; treatment of taxable years; amend provisions (FIN-49th) Williams-4th

HB 912

Civil practice; production of documents; amend provisions (Substitute) (S JUDY-52nd) Fleming-117th

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Pearson of the 51st asked unanimous consent that Senator Schaefer of the 50th be excused. The consent was granted, and Senator Schaefer was excused.

Senator Seay of the 34th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

The following legislation was read the third time and put upon its passage:

HB 989. By Representatives Fleming of the 117th, Willard of the 49th, Ralston of the 7th and Hatfield of the 177th:

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; 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 E Balfour Y Brown Y Bulloch Y Butler Y Cagle

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver

2330

JOURNAL OF THE SENATE

Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden
Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Kemp Me V Bremen Miles
Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber
Whitehead Y Wiles E Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

HB 989, having received the requisite constitutional majority, was passed.

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 Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

Senator Seay of the 34th asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

Senator Bulloch of the 11th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

HB 1055. By Representatives Keown of the 173rd, Freeman of the 140th, Hill of the 21st, Setzler of the 35th, Black of the 174th and others:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a short title; to provide for the adoption and implementation of Internet safety policies in public schools; to provide for the adoption and implementation of Internet safety policies in public libraries; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Bulloch of the 11th.

THURSDAY, MARCH 16, 2006

2331

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E 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 E Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles E Williams E Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

HB 1055, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Preston Smith District 52 301-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Appropriations Ethics Health and Human Services Judiciary Reapportionment and Redistricting Retirement

The State Senate Atlanta, Georgia 30334

March 16, 2006

2332

JOURNAL OF THE SENATE

Mr. Bob Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Bob:
I was unable to register my vote on HB 1055 at the time the vote was recorded. I would respectfully request that the Senate Journal reflect that had my vote been recorded as I intended, it would have been a Yes vote on HB 1055. Please do not hesitate to contact me if you have any questions or concerns.
Sincerely,
/s/ Preston W. Smith
HB 749. By Representatives Cummings of the 16th and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Tate of the 38th.
The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
February 17, 2005

THURSDAY, MARCH 16, 2006

2333

The Honorable Bill Cummings State Representative Legislative Office Building, Room 604-A Atlanta, Georgia 30334

Dear Representative Cummings:

SUBJECT: State Auditor's Certification House Bill 749 (LC 21 8195)

This bill would amend provisions relating to creditable service and retirement benefits for members of the Georgia Firefighters' Pension Fund. Specifically, this bill would allow members to obtain creditable service for a break in service as a result of being called to active duty as a member of the Army or Air Force National Guard or the Army, Air Force, Navy, or Marine Corps Reserve on or after September 14, 2001. Creditable service may only be granted if the member returns to employment as a firefighter once released from active duty and if the member pays the board for the cost of the normal monthly dues owed during such break in service. This bill would also authorize the Board to calculate creditable service on a monthly basis for periods of time less than a year.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
October 27, 2005
Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

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JOURNAL OF THE SENATE

SUBJECT:

Actuarial Investigation House Bill 749 (LC 21 8470S) Georgia Firefighters' Pension Fund Georgia Class Nine Fire Department Pension Fund

Dear Chairman Bridges:

This bill would amend provisions relating to retirement and pensions for members of the Georgia Class Nine Fire Department Pension Fund. If this legislation is enacted, this Fund would be merged into the Georgia Firefighters' Pension Fund effective July 1, 2006. All persons who are currently members of the Georgia Class Nine Fire Department Pension Fund would become members of the Georgia Firefighters' Pension Fund on that date. Any class nine firefighter who wishes to join a retirement system in the future, would be eligible to join the Georgia Firefighters' Pension Fund. This legislation provides for the transfer of all assets from the Georgia Class Nine Fire Department Pension Fund into the Georgia Firefighters' Pension Fund and specifies that no further funding will be provided to the Georgia Class Nine Fire Department Pension Fund.

The first year cost to the Georgia Firefighters' Pension Fund would be $431,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This cost includes $84,000 each year for the next 30 years to amortize the unfunded actuarial accrued liability and $347,000 each year to fund the normal cost. According to the actuary, there are currently 220 members in the Georgia Class Nine Fire Department Pension Fund, and all would become members of the Georgia Firefighters' Pension Fund if this legislation is enacted. The estimated first year cost to the Georgia Firefighters' Pension Fund represents the cost associated with providing improved benefits to these members. Currently, revenues for the Fund are generated from member contributions, the 1% tax on gross premiums issued by fire insurance companies in Georgia, and interest on the Fund's assets. Based on information obtained from the actuary, revenues generated by the Fund are sufficient to cover the full cost of this bill, provided membership from class nine fire departments does not significantly increase once the two Funds are merged. The cost estimate is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation.

This bill would not result in any cost to the Georgia Class Nine Fire Department Pension Fund. According to the provisions of this legislation, all assets and liabilities of this Fund would be transferred to the Georgia Firefighters' Pension Fund.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be

THURSDAY, MARCH 16, 2006

2335

considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Georgia Firefighters' Pension Fund (1) The amount of the unfunded actuarial accrued liability which will
result from the bill.

$ 1,230,000

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$ 84,000

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

30

(4) The amount of the annual normal cost which will result from the bill. $ 347,000

(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

1% tax on premiums
1% tax on premiums

$

0*

* This bill would increase costs in the first year by $431,000. However, based on information obtained from the actuary, the amount of revenues currently generated by the Fund is sufficient to cover any additional costs associated with this legislation. Therefore, it would not be necessary to increase the annual employer contribution in order to fund this legislation.

Georgia Class Nine Fire Department Pension Fund

(1) The amount of the unfunded actuarial accrued liability which will

result from the bill.

$

0

(2) The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

$

0

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

N/A

(4) The amount of the annual normal cost which will result from the bill. $

0

2336

JOURNAL OF THE SENATE

(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

Tax on applicable premiums
N/A

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigations and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort
Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

THURSDAY, MARCH 16, 2006

2337

On the passage of the bill, the yeas were 46, nays 0.

HB 749, having received the requisite constitutional majority, was passed.

Senator Hill of the 4th introduced Deputy Patrick Neal, commended by SR 867, adopted previously. Deputy Neal addressed the Senate briefly.

Senator Heath of the 31st recognized members of the Civil Air Patrol.

Senator Harp of the 29th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

The Calendar was resumed.

HB 999. By Representatives Maddox of the 172nd, Burkhalter of the 50th, Keen of the 179th, McCall of the 30th, Ray of the 136th and others:

A BILL to be entitled an Act to amend Chapter 50 of Title 43 of the O.C.G.A., relating to veterinarians and veterinary technicians, so as to change certain provisions relating to definitions relative to such chapter; to change certain provisions relating to exemptions from licensing and registration requirements; to change certain provisions relating to veterinary technicians; to provide for legislative purpose; to authorize the practice of veterinary technology by veterinary technicians under certain circumstances; to change certain provisions relating to application for registration as veterinary technician, qualifications, examination, renewal, applicants registered in other states, and responsibility of the State Board of Veterinary Medicine; to change certain provisions relating to scheduling and administration of examinations, reexamination, and reactivation; to provide an effective date; 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 Y Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith E Starr Y Staton
Stephens Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Goggans Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Henson

Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

HB 999, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:

HR 1834. By Representatives Keen of the 179th and Fleming of the 117th:

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2006 regular session of the General Assembly for the period of March 21, 2006, through March 27, 2006, shall be as follows:

Tuesday, March 21.........................................in adjournment Wednesday, March 22....................................in session for legislative day 35 Thursday, March 23 .......................................in session for legislative day 36 Friday, March 24............................................in session for legislative day 37 Saturday, March 25 ........................................in adjournment Sunday, March 26 ..........................................in adjournment Monday, March 27.........................................in session for legislative day 38

BE IT FURTHER RESOLVED that on and after March 27, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless

THURSDAY, MARCH 16, 2006

2339

otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

Senator Thomas of the 54th asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

The Calendar was resumed.

HB 1151. By Representatives Cole of the 125th, Roberts of the 154th, Smith of the 129th and Golick of the 34th:

A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the Board of Trustees of the Employees Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering certain deferred compensation plans; to provide for the transfer of certain accounts and funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Rogers of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R

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Douglas Y Fort Y Goggans
Golden E Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

HB 1151, having received the requisite constitutional majority, was passed.

Senator Heath of the 31st asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

HB 251. By Representatives Bridges of the 10th, Cummings of the 16th, Coleman of the 97th and Forster of the 3rd:

A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st.

The Senate Retirement Committee offered the following substitute to HB 251:

A BILL TO BE ENTITLED AN ACT

To amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is

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married at the time of retirement may make such an election with the consent of his or her spouse; to provide restrictions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety subsection (b) of Code Section 4711-71, relating to the amount of retirement benefits, optional retirement benefits, and the manner in which persons not eligible for maximum benefits at retirement may become eligible, and inserting in lieu thereof the following:
(b)(1) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the designated survivor, which benefit shall be based on the judges or employees age at retirement and the age of the judges or employees spouse designated survivor at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. A member who is unmarried at the time of such election may designate a survivor at the time of making such election. If a member is married at the time of such election, his or her spouse shall be the designated survivor unless another person is so designated with the written agreement of the spouse. In any event, the designated survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 1/2 percent interest. The spouse designated at the time of the judges or employees retirement shall be the only spouse who may draw these benefits. (2) If a member elects the option provided in paragraph (1) of this subsection, then, after the approval of the application for retirement, the following provisions apply:
(A) If the members spouse designated survivor shall predecease the member, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the members lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable to him had such option not been exercised; (B) If there is entered a final judgment of complete divorce between the member and the members spouse who is the designated survivor, the member may, in writing on forms prescribed by the board and subject to approval by the board,

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revoke such option and thereafter receive during the members lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable had such option not been exercised; and (C) If, following the death of the members spouse or the entry of a final judgment of divorce between the member and the members spouse who is the designated survivor, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect such option with respect to the members new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier.
SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
February 28, 2006
The Honorable Bill Heath, Chairman Senate Retirement Committee Paul D. Coverdell Office Building, Room 304-B Atlanta, Georgia 30334

THURSDAY, MARCH 16, 2006

2343

SUBJECT: State Auditor's Certification Substitute to House Bill 251 (LC 21 8838S)

Dear Chairman Heath:

This bill would amend provisions relating to retirement benefits for members of the Judges of the Probate Courts Retirement Fund. Specifically, this bill would allow an unmarried member to designate a survivor. An actuarially reduced benefit would then be paid out for the remainder of the member's life and the life of the survivor. This bill would allow married members to designate someone other than a spouse as a survivor, provided the spouse agrees in writing to such designation. Under the provisions of the substitute bill, the designated survivor is defined as a person with whom the member has a familial relationship through blood, marriage, or adoption.

This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for (LC21 8046) would still apply to (LC 21 8838S).

Respectfully,

/s/ Russell W. Hinton State Auditor

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle
Carter Y Chance Y Chapman Y Douglas Y Fort

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S

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Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

E Pearson Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 251, having received the requisite constitutional majority, was passed by substitute.

Senator Moody of the 56th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

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.

HB 809. By Representatives Knight of the 126th, Lunsford of the 110th and Yates of the 73rd:

A BILL to be entitled an Act to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits in the Superior Court Clerks Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, so as to provide that certain persons who elected a survivors benefit and whose spouse predeceased him or her shall receive a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Grant of the 25th.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400

THURSDAY, MARCH 16, 2006

2345

Russell W. Hinton State Auditor (404) 656-2174

October 10, 2005

Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 809 (LC 21 8309) Superior Court Clerks' Retirement Fund

Dear Chairman Bridges:

This bill would amend provisions relating to survivors benefits for retired members of the Superior Court Clerks' Retirement Fund. Specifically, this bill would provide for a postretirement benefit adjustment for certain retired members who are receiving benefits as of July 1, 2006. Such adjustment would be provided to those retired members who elected survivors benefits, however, the spouse predeceases the member. If this legislation is enacted, the retirement allowance would be adjusted to equal 100% of the normal retirement allowance due to the member.

The first year cost of this legislation would be $23,743 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This is the amount required each year to fund the normal cost. However, since the Fund is currently in a well-funded position, the employer contribution will not increase if this legislation is enacted. The estimated cost is based on member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through a portion of fines, court fees, and bond forfeitures.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will

result from the bill.

$

0

(2) The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

$

0

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(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

N/A

(4) The amount of the annual normal cost which will result from the bill. $ 23,743

(5) The employer contribution rate currently in effect.

A portion of fines, fees, and bond forfeitures

(6) The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10). A portion of

fines, fees, and

bond forfeitures

(7) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement

system in an actuarially sound condition.

$

0*

* According to the actuary, the first year cost of this legislation is $23,743. However, the required employer contribution would not increase since this Fund is in a well-funded position. Currently, the amount of revenue generated from fines, court fees, and bond forfeitures is sufficient to cover the additional costs associated with this bill and to ensure the Fund remains funded in accordance with the State's minimum funding standards.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigations and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

THURSDAY, MARCH 16, 2006

2347

March 3, 2005

The Honorable John Lunsford State Representative State Capitol, Room 401-I Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 809 (LC 21 8309)

Dear Representative Lunsford:

This bill would amend provisions relating to survivors benefits for members of the Superior Court Clerks' Retirement Fund. Specifically, this bill would provide for a postretirement benefit adjustment for certain members who are receiving a benefit on July 1, 2006. Such adjustment would be provided to retired members who elected survivors benefits and the spouse predeceases the member. If enacted, the retirement allowance would be adjusted to equal the maximum retirement allowance which the retired member would have been entitled to receive if the member had not elected such survivors benefits.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle
Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C

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Y Fort E Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Mullis E Pearson Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 43, nays 0.

HB 809, having received the requisite constitutional majority, was passed.

HB 1042. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd:

A BILL to be entitled an Act to amend Code Section 48-7-33 of the Official Code of Georgia Annotated, relating to annual accounting periods, so as to provide for treatment of 52-53 week taxable years; to provide for powers, duties, and authority of the state revenue commissioner; to provide for applicability; 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 Y Bulloch Y Butler Y Cagle
Carter Y Chance Y Chapman Y Douglas Y Fort E Goggans

Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson

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2349

Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 1042, having received the requisite constitutional majority, was passed.

Senator Eric Johnson, President Pro Tempore, assumed the Chair.

Senator Meyer von Bremen of the 12th asked unanimous consent that he be excused from voting on HB 912 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Meyer von Bremen was excused.

HB 912. By Representative Fleming of the 117th:

A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain provisions relating to applicability to nonparties; to provide that silence may act as a waiver under certain circumstances; to change certain provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Smith of the 52nd.

The Senate Special Judiciary Committee offered the following substitute to HB 912:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 9-11-34 and Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes and health records, so as to provide for production of certain documents including health records; to change certain provisions relating to applicability to nonparties; to provide that when a nonparty is not served with an objection and the nonparty produces records, the nonparty shall be immune from regulatory, civil, or criminal liability for disclosing confidential information; to change certain provisions relating to confidentiality; to change certain provisions relating to

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furnishing a copy of records to patient, provider, or other authorized person; to provide for compliance with the federal Health Insurance Portability and Accountability Act of 1996; to provide for a time period in which records shall be produced in response to a valid request; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, is amended by striking subsections (c) and (d) and inserting in lieu thereof the following:
(c) Applicability to nonparties. (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-1130 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under subsection (a) of Code Section 9-11-37 to compel discovery, he or she shall make a showing of good cause to support his or her motion. The party making a request under this Code section shall, upon request from any other party to the action, make all reasonable efforts to cause all information produced in response to the nonparty request to be made available to all parties. A reasonable document copying charge may be required. (2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon the person whose records are sought by certified mail or statutory overnight delivery, return receipt requested, or, if known, that persons counsel, and upon all other parties of record, and in compliance with Code Section 9-11-5; where such a request to such a nonparty seeks the records of a person who is not a party, a copy of the request shall be served upon all parties of record, the person whose records are sought, and, by certified mail or statutory overnight delivery, return receipt requested, or, if known, that persons counsel by certified mail or statutory overnight delivery, return receipt requested, and upon all parties of record in compliance with Code Section 9-11-5; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty, any party, or the person whose records are sought may file an objection with the court in which the action is pending within 20 days of service of the request

THURSDAY, MARCH 16, 2006

2351

and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under subsection (a) of Code Section 9-11-37 to compel discovery and, if he or she shall make a showing of good cause to support his or her motion, discovery shall be allowed. If no objection is filed within ten 20 days of service of the request, the nonparty to whom the request is directed shall promptly comply therewith. (3) For any discovery requested from a nonparty pursuant to paragraph (2) of this subsection or a subpoena requesting records from a nonparty pursuant to Code Section 9-11-45, when the nonparty to whom the discovery request is made is not served with an objection and the nonparty produces the requested records, the nonparty shall be immune from regulatory, civil, or criminal liability or damages notwithstanding that the produced documents contained confidential or privileged information. (d) Confidentiality. The provisions of this Code section shall not be deemed to repeal the confidentiality provided by Code Sections 37-3-166 concerning mental illness treatment records, 37-4-125 concerning mental retardation treatment records, and 37-7166 concerning alcohol and drug treatment records, 24-9-40.1 concerning the confidential nature of AIDS information, and 24-9-47 concerning the disclosure of AIDS information; provided, however, that a persons failure to object to the production of documents as set forth in paragraph (2) of subsection (c) of this Code section shall waive any right of recovery for damages as to the nonparty for disclosure of the requested documents.
SECTION 2. Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, is amended by striking subsections (a) and (b) of Code Section 31-33-2, relating to furnishing a copy of records to patient, provider, or other authorized person, and inserting in its place the following:
(a)(1)(A) A provider having custody and control of any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in a patients record shall retain such item for a period of not less than ten years from the date such item was created. (B) The requirements of subparagraph (A) of this paragraph shall not apply to:
(i) An individual provider who has retired from or sold his or her professional practice if such provider has notified the patient of such retirement or sale and offered to provide such items in the patients record or copies thereof to another provider of the patients choice and, if the patient so requests, to the patient; or (ii) A hospital which is an institution as defined in subparagraph (B) of paragraph (1) of Code Section 31-7-1, which shall retain patient records in accordance with rules and regulations for hospitals as issued by the department pursuant to Code Section 31-7-2. (2) Upon written request from the patient or a person authorized to have access to the

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patients record under a health care power of attorney for such patient, the provider having custody and control of the patients record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If the patient is deceased, such request may be made by a person authorized immediately prior to the decedents death to have access to the patients record under a health care power of attorney for such patient; the executor, temporary executor, administrator, or temporary administrator for the decedents estate; or any survivor, as defined by Code Sections 51-4-2, 51-4-4, and 51-4-5. the following persons:
(A) The executor, administrator, or temporary administrator for the decedents estate if such person has been appointed; (B) If an executor, administrator, or temporary administrator for the decedents estate has not been appointed, by the surviving spouse; (C) If there is no surviving spouse, by any surviving child; (D) If there is no surviving child, any parent. (b) Any record requested under subsection (a) of this Code section shall, within 30 days of the receipt of a request for records be furnished within a reasonable period of time to the patient, any other provider designated by the patient, any person authorized by paragraph (2) of subsection (a) of this Code section to request a patients or deceased patients medical records, or any other person designated by the patient. Such record request shall be accompanied by: (1) An authorization in compliance with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d-2, et seq., and regulations implementing such act; and (2) A signed written authorization as specified in subsection (d) of this Code Section.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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:

Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle

Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens
Johnson (PRS) Y Jones

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver

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2353

Carter Y Chance Y Chapman Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Kemp E Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

HB 912, having received the requisite constitutional majority, was passed by substitute.

Senator Williams of the 19th recognized O. Bruton Smith, Jeff Burton, Reed Sorenson, John Andretti, Bill Lester and David Ragan, commended by SR 1180, adopted previously.

Senator Chance of the 16th recognized Reed Sorenson, commended by SR 1184, adopted previously.

Senator Douglas of the 17th spoke to SR 1197, designating "Atlanta Motor Speedway Day" at the Capitol.

Senator Harp of the 29th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

The Calendar was resumed.

Senator Miles of the 43rd moved that the following resolution be withdrawn from the consideration of the Senate.

SR 1189. By Senators Miles of the 43rd, Seay of the 34th, Thomas of the 2nd, Butler of the 55th and Brown of the 26th:

A RESOLUTION commending Ms. Jane Fonda; and for other purposes.

Senator Seabaugh of the 28th objected.

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On the motion to withdraw the resolution from consideration, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Brown
Bulloch Y Butler N Cagle
Carter N Chance N Chapman N Douglas Y Fort E Goggans
Golden N Grant N Hamrick E Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson E Hooks N Hudgens
Johnson (PRS) Y Jones N Kemp E Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers E Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S N Tolleson N Unterman N Weber N Whitehead N Wiles
Williams E Zamarripa

On the motion, the yeas were 15, nays 28; the motion lost, and SR 1189 was not withdrawn from consideration of the Senate.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Adelman N Balfour N Brown
Bulloch N Butler N Cagle
Carter N Chance N Chapman N Douglas N Fort E Goggans

N Hill,Jack N Hill,Judson E Hooks N Hudgens
Johnson (PRS) Y Jones N Kemp E Me V Bremen N Miles N Moody N Mullis N Pearson

N Smith E Starr N Staton N Stephens
Stoner N Tarver N Tate N Thomas,D N Thomas,R
Thompson,C E Thompson,S N Tolleson

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2355

Golden N Grant N Hamrick E Harbison N Harp N Heath
Henson

N Powell Reed
N Rogers E Schaefer N Seabaugh N Seay N Shafer,D

N Unterman N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the resolution, the yeas were 1, nays 38.

SR 1189, having failed to receive the requisite constitutional majority, was lost.

Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 1098 until 1:00 p.m. Monday, March 20, 2006; the motion prevailed, and at 11:03 a.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, March 20, 2006
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following 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 1448. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baldwin, approved March 28, 1986, (Ga. L. 1986, p. 5578), as amended, so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes.

HB 1570. By Representatives Mumford of the 95th, Holt of the 112th, Lunsford of the 110th, Walker of the 107th and May of the 111th:
A BILL to be entitled an Act to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4219), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4221), so as to provide an increase in the salary supplement for the superior court judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1585. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

HB 1610. By Representatives England of the 108th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, so as to annex certain territory into the City of Winder and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes.

HB 1611. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st:
A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251), so as to correct the terms of office of members of the board; to correct a typographical error; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1612. By Representatives Forster of the 3rd and Neal of the 1st:
A BILL to be entitled an Act to amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4416), so as to provide for a limit on the number of terms which members of such board may serve; to repeal conflicting laws; and for other purposes.

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HB 1613. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5579), so as to change the compensation of the judges of the State Court of Forsyth County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1614. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 1615. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th and Sinkfield of the 60th:
A BILL to be entitled an Act to establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
HB 1616. By Representatives Scott of the 2nd and Neal of the 1st:
A BILL to be entitled an Act to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a three-year phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1617. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th, Sinkfield of the 60th and others:
A BILL to be entitled an Act to create a Heritage Trail Commission for Clayton County and to provide for its powers and duties; to provide for the composition of the commission and the selection and appointment of

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members; to provide for meetings, procedures, and operational bylaws; to provide for findings; to provide for automatic repeal; to provide for dissolution; to repeal conflicting laws; and for other purposes.

The House has passed by the requisite constitutional majority the following Bill of the Senate:

SB 609. By Senator Douglas of the 17th:

A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Hampton in Henry 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 an effective date; to repeal conflicting laws; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate:

SB 209.

By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes.

SB 472.

By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for

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awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following House legislation was read the first time and referred to committee:
HB 1448. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baldwin, approved March 28, 1986, (Ga. L. 1986, p. 5578), as amended, so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1570. By Representatives Mumford of the 95th, Holt of the 112th, Lunsford of the 110th, Walker of the 107th and May of the 111th:
A BILL to be entitled an Act to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4219), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4221), so as to provide an increase in the salary supplement for the superior court judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1585. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1610. By Representatives England of the 108th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, so as to annex certain territory into the City of Winder and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1611. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st:
A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251), so as to correct the terms of office of members of the board; to correct a typographical error; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1612. By Representatives Forster of the 3rd and Neal of the 1st:
A BILL to be entitled an Act to amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4416), so as to provide for a limit on the number of terms which members of such board may serve; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1613. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5579), so as to change the compensation of the judges of the State Court of Forsyth County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1614. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1615. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th and Sinkfield of the 60th:
A BILL to be entitled an Act to establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1616. By Representatives Scott of the 2nd and Neal of the 1st:
A BILL to be entitled an Act to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a three-year phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1617. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th, Sinkfield of the 60th and others:
A BILL to be entitled an Act to create a Heritage Trail Commission for Clayton County and to provide for its powers and duties; to provide for the composition of the commission and the selection and appointment of members; to provide for meetings, procedures, and operational bylaws; to provide for

MONDAY, MARCH 20, 2006

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findings; to provide for automatic repeal; to provide for dissolution; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1027 Do Pass by substitute HB 1164 Do Pass HB 1373 Do Pass by substitute

Mr. President:

Respectfully submitted, Senator Hill of the 4th District, Chairman

The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 848 Do Pass by substitute HB 1121 Do Pass

HB 1249 Do Pass HB 1361 Do Pass

Mr. President:

Respectfully submitted, Senator Cagle of the 49th District, Chairman

The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1126 HB 1240 HB 1304 HB 1326 HB 1372

Do Pass Do Pass Do Pass by substitute Do Pass Do Pass by substitute

HB 1405 HB 1444 HB 1456 HB 1484

Do Pass Do Pass Do Pass by substitute Do Pass

Respectfully submitted, Senator Hudgens of the 47th District, Chairman

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Mr. President:

The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 724 Do Pass HB 1319 Do Pass

HR 1551 Do Pass SR 1133 Do Pass

Mr. President:

Respectfully submitted, Senator Tolleson of the 20th District, Chairman

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 1385 Do Pass by substitute

Mr. President:

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1211 Do Pass SR 1114 Do Pass

Respectfully submitted, Senator Balfour of the 9th District, Chairman

Mr. President:

The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 535 Do Pass HB 1273 Do Pass HB 1282 Do Pass

Respectfully submitted, Senator Adelman of the 42nd District, Vice Chairman

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Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 595 HB 1457 HB 1494 HB 1519 HB 1521 HB 1522 HB 1558 HB 1574 HB 1584 SB 659 SB 660 SB 666 SB 667

Do Pass as amended Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

SB 668 SB 669 SB 670 SB 671 SB 672 SB 673 SB 674 SB 675 SB 676 SB 677 SB 678 SB 680

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

Mr. President:

The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 654 HB 1090 HB 1106 HB 1190

Do Pass Do Pass Do Pass Do Pass

HB 1275 HR 1169 HR 1491 HR 1661

Do Pass Do Pass Do Pass by substitute Do Pass

Respectfully submitted, Senator Stephens of the 27th District, Chairman

The following legislation was read the second time:

HB 363 HB 972

HB 1019 HB 1075

HB 1217

HB 1241

HB 1253

HB 1325

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Senator Seay of the 34th asked unanimous consent that Senator Miles of the 43rd be excused. The consent was granted, and Senator Miles was excused.

Senator Heath of the 31st asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Harbison Harp Heath Henson Hill,Jack

Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Moody Pearson Powell Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith

Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Bulloch (Excused) Mullis

Hamrick

Miles (Excused)

The members pledged allegiance to the flag.

Senator Thompson of the 5th introduced the chaplain of the day, Imam Suleyman Eris of Norcross, who offered scripture reading and prayer.

Senator Schaefer of the 50th introduced the doctor of the day, Dr. Marc Chetta.

Senator Cagle of the 49th recognized members of the Leukemia Lymphoma Society, commended by SR 1062, adopted previously.

MONDAY, MARCH 20, 2006

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The following resolutions were read and adopted:
SR 1205. By Senators Hill of the 32nd, Adelman of the 42nd and Weber of the 40th:
A RESOLUTION commending the Epstein School; and for other purposes.
SR 1206. By Senators Hill of the 32nd, Adelman of the 42nd and Weber of the 40th:
A RESOLUTION commending the Weber School; and for other purposes.
SR 1207. By Senators Hill of the 32nd, Adelman of the 42nd and Weber of the 40th:
A RESOLUTION commending the Alfred and Adele Davis Academy; and for other purposes.
SR 1208. By Senator Butler of the 55th:
A RESOLUTION commending Avondale High School Lady Blue Devils basketball team for winning the Class AAA state basketball championship; and for other purposes.
SR 1209. By Senator Goggans of the 7th:
A RESOLUTION remembering and honoring the achievements and sacrifice made by Private James Boggan; and for other purposes.
SR 1210. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION expressing regret at the passing of Dr. Sykes E. "Si" Trieb; and for other purposes.
SR 1211. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION commending Upshaw C. Bentley, Jr.; and for other purposes.

SR 1212. By Senator Kemp of the 46th:
A RESOLUTION expressing regret at the passing of JoeAnn Willoughby Mitchell; and for other purposes.

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SR 1213. By Senator Hill of the 4th: A RESOLUTION expressing regret at the passing of Dr. Willie Grier Todd; and for other purposes.
SR 1214. By Senator Bulloch of the 11th: A RESOLUTION recognizing the contributions of American Indians and the work of the Council on American Indian Concerns; and for other purposes.
SR 1215. By Senator Adelman of the 42nd: A RESOLUTION congratulating Mr. and Mrs. H. Glenn Clark on the occasion of their 50th wedding anniversary; and for other purposes.
SR 1216. By Senator Adelman of the 42nd: A RESOLUTION commending Starr Zalanka; and for other purposes.
SR 1217. By Senator Adelman of the 42nd: A RESOLUTION commending Beth Sullivan; and for other purposes.
SR 1218. By Senator Adelman of the 42nd: A RESOLUTION commending Suzanne B. Sumrall; and for other purposes.
SR 1219. By Senator Adelman of the 42nd: A RESOLUTION commending Jerrie Page Hawkins; and for other purposes.
SR 1220. By Senator Adelman of the 42nd: A RESOLUTION commending Patricia D. Solomon; and for other purposes.
SR 1221. By Senator Adelman of the 42nd: A RESOLUTION commending Penny Ratliff; and for other purposes.
SR 1222. By Senator Adelman of the 42nd: A RESOLUTION commending Jerold Donovan; and for other purposes.

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SR 1223. By Senator Adelman of the 42nd:
A RESOLUTION commending Susan Taquechel; and for other purposes.
SR 1224. By Senator Adelman of the 42nd:
A RESOLUTION commending Gwendolyn Weaver; and for other purposes.
SR 1225. By Senator Meyer von Bremen of the 12th:
A RESOLUTION commending Mr. Eddie McCarty and the Albany Area Arts Council and encouraging continued support of the council; and for other purposes.
SR 1227. By Senator Rogers of the 21st:
A RESOLUTION commending Michael Clark on his selection as the STAR student for Lassiter High School; and for other purposes.
SR 1228. By Senator Rogers of the 21st:
A RESOLUTION commending Tyler K. Smith on his selection as the STAR student for Kell High School; and for other purposes.
SR 1229. By Senator Rogers of the 21st:
A RESOLUTION commending Ryan Patrick Smith on his selection as the STAR student for Kell High School; and for other purposes.
SR 1230. By Senator Rogers of the 21st:
A RESOLUTION commending Livia Zarnescue on her selection as the STAR student for Pope High School; and for other purposes.
SR 1231. By Senator Rogers of the 21st:
A RESOLUTION commending Jennifer Newby on her selection as the STAR student for Woodstock High School; and for other purposes.
SR 1232. By Senator Rogers of the 21st:
A RESOLUTION commending Tyler Jackson on his selection as the STAR student for Sequoyah High School; and for other purposes.

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SR 1233. By Senator Rogers of the 21st:
A RESOLUTION commending James Hicks on his selection as the STAR student for Etowah High School; and for other purposes.
SR 1226. By Senators Meyer von Bremen of the 12th, Brown of the 26th, Jones of the 10th, Butler of the 55th and Fort of the 39th:
A RESOLUTION commending Lieutenant Colonel Twala Denise Mathis; and for other purposes.
Senator Meyer von Bremen of the 12th introduced Lieutenant Colonel Twala Denise Mathis, commended by SR 1226. Lieutenant Colonel Mathis addressed the Senate briefly.
Senator Carter of the 13th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Public Safety and Homeland Security Committee:
HB 1193. By Representatives Knight of the 126th, Rice of the 51st, Coleman of the 97th, Ralston of the 7th and Talton of the 145th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances, so as to prohibit owning or operating vehicles containing false or secret compartments; to prohibit installing false or secret compartments in a vehicle; to subject such vehicles to forfeiture; to provide a penalty for violations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The consent was granted, and HB 1193 was committed to the Senate Public Safety and Homeland Security Committee.
Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden 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 Goggans of the 7th asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

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2371

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Monday, March 20, 2006 Thirty-fourth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 659

Grant of the 25th CITY OF MADISON

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to amend, consolidate, revise, and restate such charter and amendatory Acts amending such charter; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 660

Bulloch of the 11th GRADY COUNTY

A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide for the compensation of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 666

Grant of the 25th CITY OF MILLEDGEVILLE

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916 (Ga. L. 1916, p. 819), and an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act approved May 22, 2003 (Ga. L. 2003, p. 3661), so as to provide for the transaction of business of the city council; to establish a quorum and the votes necessary to pass or enact any matter; to provide for meetings of the city council and notice thereof; to provide for the duties and powers of the mayor; to provide for the temporary appointment of individuals to act as city manager under certain circumstances; to

2372 SB 667 SB 668
SB 669 SB 670

JOURNAL OF THE SENATE
provide additional duties of the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 26, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4262), so as to provide a salary for the chief magistrate, to provide an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to make provisions related to the compensation of the judge of the juvenile court of the Clayton Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to provide that the solicitor-general of

SB 671 SB 672 SB 673

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2373

said court may employ such assistant solicitors-general, deputy solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be authorized by the Board of Commissioners of Clayton County; to provide for compensation; to provide for qualifications; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4130), so as to change the compensation of the chairperson and members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON JUDICIAL CIRCUIT
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.

2374 SB 674
SB 675 SB 676
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Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999

SB 678 SB 680 HB 1457

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(Ga. L. 1999, p. 4665), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor-general of the state court; to provide for a county supplement; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON JUDICIAL CIRCUIT
A BILL to be entitled an Act to amend an Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4127), so as to change the amount of such county supplement; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Bulloch of the 11th DECATUR COUNTY
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate and revise the provisions of said Act; to provide for a comprehensive restatement; to change provisions relating to the chairperson and vice chairperson of the board and their selection, service, and powers and duties; to change provisions relating to meetings, a quorum, and voting; to modernize certain provisions and language and omit certain obsolete provisions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Thompson of the 5th Balfour of the 9th Weber of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT COUNTY
A BILL to be entitled an Act to amend an Act to continue and recreate the State Court of Gwinnett County, approved March 23,

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HB 1519 HB 1521

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1977 (Ga. L. 1977, p. 3331), as amended, so as to change the terms of court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Grant of the 25th MORGAN COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Morgan 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 and terms of members; to provide for employees of the board; 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 compensation of personnel; to provide for offices and equipment; to provide for construction; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Tolleson of the 20th CITY OF DUDLEY
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dudley, Georgia, in the County of Laurens, approved February 18, 1977 (Ga. L. 1977, p. 2657), as amended, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes.
Tolleson of the 20th CITY OF DUBLIN
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), an Act approved March 20, 1990 (Ga. L. 1990, p. 4073), and

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an Act approved October 1, 2001 (Ga. L. Ex. Sess. 2001, p. 665), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

HB 1522

Tolleson of the 20th CITY OF EAST DUBLIN

A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3769), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

HB 1558

Powell of the 23rd CITY OF SYLVANIA

A BILL to be entitled an Act to amend an Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, so as to change the corporate boundaries of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1584

Grant of the 25th MORGAN COUNTY

A BILL to be entitled an Act to create the Morgan 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 conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

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HB 595

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 provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. (AMENDMENT)

Pursuant to Senate Rule 4-2.9(b), Senator Butler of the 55th filed the following objection:

As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 595, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar.

/s/ Butler of the 55th /s/ Henson of the 41st /s/ Thomas of the 2nd Date: March 20, 2006

Pursuant to Senate Rule 4-2.9(b), HB 595 was placed on the Senate Local Contested Calendar for today.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown

Y Hill,Jack E Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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E Bulloch Y Butler Y Cagle Y Carter Y Chance E Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 50, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

Senator Pearson of the 51st asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.
The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage:

SENATE LOCAL CONTESTED CALENDAR
Monday, March 20, 2006 Thirty-fourth Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

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HB 595

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 provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. (AMENDMENT)

The Senate State and Local Governmental Operations Committee offered the following amendment:

Amend HB 595 by striking all matter on lines 20 through 22 of page 2 and inserting in place thereof the following: (f) The exemption granted by subsection (b) of this section shall apply only to taxable years 2007 through 2011. Unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2012 or any subsequent taxable year.

On the adoption of the amendment, the yeas were 46, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman E Balfour
Brown Y Bulloch N Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Y Starr Y Staton Y Stephens Y Stoner

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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 N Henson

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 Tarver N Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 4.

HB 595, having received the requisite constitutional majority, was passed as amended.

Senator Adelman of the 42nd asked unanimous consent that HB 595 be immediately transmitted to the House.

There was no objection, and HB 595 was immediately transmitted.

SENATE RULES CALENDAR MONDAY, MARCH 20, 2006 THIRTY-FOURTH LEGISLATIVE DAY

HB 425

Insurers; permit food and refreshments under certain circumstances (Substitute)(I&L-47th) Harbin-118th

HB 1272 Sales and use tax exemption; nonprofit volunteer health clinics; provide (FIN-51st) Graves-12th

HB 1257 Insurance; certain change of address filings; exempt from fee (Substitute) (I&L-48th) Knox-24th

HB 1066 Metabolic and genetic disorders; system for screening newborns; change provisions (Substitute)(H&HS-45th) Manning-32nd

HB 1291 Automobile clubs; regulate (I&L-29th) Smith-131st

HB 594 Bail bonds; fees of sureties (S JUDY-30th) Maxwell-17th

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HB 1014 Sales and use tax; government contractor; automatic repeal date; extend (FIN-37th) Tumlin-38th
HB 1310 Revenue and taxation; comprehensive revision of provisions; provide (FIN-49th) O`Neal-146th
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee
Senator Cagle of the 49th asked unanimous consent that HB 1014, which was on today's Senate Rules Calendar be engrossed.
There was no objection and HB 1014 was engrossed.
Senator Cagle of the 49th asked unanimous consent that HB 1310, which was on today's Senate Rules Calendar be engrossed.
There was no objection and HB 1310 was engrossed.
Senator Cagle of the 49th asked unanimous consent that HB 1272, which was on today's Senate Rules Calendar be engrossed.
There was no objection and HB 1272 was engrossed.
The following legislation was read the third time and put upon its passage:

HB 425. By Representatives Harbin of the 118th, Knox of the 24th and Watson of the 91st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Hudgens of the 47th.

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Senator Hooks of the 14th asked unanimous consent that he be excused from voting on HB 425 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Hooks was excused.
Senator Harbison of the 15th asked unanimous consent that he be excused from voting on HB 425 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Harbison was excused.
Senator Starr of the 44th asked unanimous consent that he be excused from voting on HB 425 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Starr was excused.
The Senate Insurance and Labor Committee offered the following substitute to HB 425:
A BILL TO BE ENTITLED AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraph (b)(8)(C) of Code Section 33-6-4, relating to unfair methods of competition and unfair or deceptive acts or practices, and inserting in lieu thereof a new subparagraph (b)(8)(C) to read as follows:
(C) Nothing in subparagraphs (A) and (B) of this paragraph shall be construed as including within the definition of discrimination or rebates any of the following practices:
(i) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interest of the company and its policyholders; (ii) In the case of life or accident and sickness insurance policies issued on the industrial debit or weekly premium plan, making allowance in an amount which fairly represents the saving in collection expense to policyholders who have continuously for a specified period made premium payments directly to an office

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of the insurer; (iii) Making a readjustment of the rate of premium for a policy based on the loss or expense experienced at the end of the first or any subsequent policy year of insurance thereunder, which adjustment may be made retroactive only for the policy year; (iv) Issuing life or accident and sickness insurance policies covering bona fide employees of the insurer at a rate less than the rate charged other persons in the same class; (v) Issuing life or accident and sickness policies on a salary-saving, payroll deduction, preauthorized, postdated, automatic check, or draft plan at a reduced rate commensurate with the savings made by the use of such plan; (vi) Paying commissions or other compensation to duly licensed agents or brokers or allowing or returning dividends, savings, or unabsorbed premium deposits to participating policyholders, members, or subscribers; (vii) Paying by an insurance agent of part or all of the commissions on public insurance to a nonprofit association of insurance agents which is affiliated with a recognized state or national insurance agents association, which commissions are to be used in whole or in part for one or more civic enterprises; (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during group sales presentations and group seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; or (ix) Paying for business meals and entertainment by an insurer or an agent, broker, or employee of an insurer, agent, or broker for current or prospective clients;

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.

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 E Balfour
Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson

Y Smith E Starr Y Staton Y Stephens
Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 45, nays 3.

HB 425, having received the requisite constitutional majority, was passed by substitute.

HB 1272. By Representatives Graves of the 12th, Brown of the 69th, Ralston of the 7th, Channell of the 116th, Burmeister of the 119th 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 sales and use tax, so as to provide for an exemption regarding sales to nonprofit volunteer health clinics; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Pearson of the 51st.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

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February 17, 2006
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1272 (LC 18 5106)
Dear Chairman O'Neal:
This bill provides for an exemption from sales and use taxes on sales of tangible personal property sold to nonprofit volunteer health clinics and used exclusively for the provision of treatment. To qualify for this sales and use tax exemption, these volunteer health clinics must be tax exempt organizations under the Internal Revenue Code.
The Georgia State University Fiscal Research Center has estimated the impact on state revenues to be a reduction of $1.648 million - $3.296 million. The impact on local government revenues would be a reduction of $1.236 million - $2.472 million. The Center provided the following analysis of the revenue impact of this bill:
The estimated cost to the state for this bill is extremely speculative. To qualify for the exemption, a non-profit volunteer health clinic must be a tax-exempt organization under the Internal Revenue Code (this usually means a federally registered 501(c)(3) organization). However, it is difficult to get an accurate count of current qualifying volunteer health clinics in the state. The Volunteers in Health Care organization (VIH) defines a "free clinic" as a non-profit organization that relies on the spirit of volunteerism to provided health care to the uninsured. This definition excludes federally qualified community health centers. The VIH also notes that these "free clinics" may still charge a nominal fee for their services. The VIH estimates that there is at least one free clinic in every state and that some states have over 30. Georgia is not listed as one of the states with over 30 clinics. Thus, Georgia is assumed to have 30 qualifying volunteer health care clinics. The VIH estimates that roughly 3 million people were served in free clinics in 2003 in the country. Georgia's share of the uninsured would be roughly 90,000 people, assuming these uninsured are evenly distributed by population per state.
Another report by Families USA estimates that the cost to Georgia for care of the uninsured was approximately $1.3 billion in 2004. The report estimates that the uninsured pay roughly 35 percent of the total cost for their care. Assuming the $1.3 billion represents the state's 65 percent share, the total cost of care for the uninsured in Georgia was approximately $2 billion in 2004.

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It is likely that most of the cost of care for the uninsured is born by Georgia's hospitals. It is possible for an uninsured person who has been in an accident or suffered some serious injury to incur hundreds of thousands of dollars in medical expenses in an emergency room and intensive care unit in one of Georgia's nonprofit hospitals. Thus, 80 percent -90 percent of the medical expenses incurred by the uninsured are assumed to arise in Georgia's non-profit hospitals, nursing homes, hospices and mental health facilities and are already covered by the existing law.
Sales and use tax is only charged on purchases of tangible goods like medical supplies, prescriptions and office supplies. Services are not subject to the tax. Georgia's free clinics are assumed to provide 10 percent - 20 percent of the $2 billion total cost of uninsured care in Georgia per year. Thus, non-profit volunteer health clinics provide $200 million - $400 million worth of medical care per year. This breaks down to approximately $2,200 to $4,400 per patient per year of medical costs incurred in Georgia's current volunteer health clinics.
In a report summarizing Georgia's health care costs, Kaiser Permanente found that 14.3 percent of medical costs were for drugs and other medical non-durables and 1.3 percent of medical costs in the state were for medical durables. The volunteer health clinics administrative supply cost is assumed to be 5 percent of medical costs. If all of the above expenses are subject to state sales and use tax at a four percent rate, then the total revenue lost to the state is approximately $1.648 million - $3.296 million dollars per year. If county revenue is included at an average rate of 3 percent, that adds an additional $1.236 million $2.472 million to the cost.
This estimate is subject to a great degree of uncertainty. The largest component of cost in this estimate is the cost for drugs and other medical non-durables. However, it is likely that a substantial portion of these products are donated or provided at reduced cost which would reduce the cost to the state. It is also very difficult to estimate how much care is given by volunteer health clinics in Georgia versus institutions already covered by the tax exemption. If the amount of care given by volunteer health organizations fall outside the 10 percent - 20 percent range, then the cost to the state could change substantially.
Finally, Georgia has approximately 5,100 federally tax exempt 501(c)(3) organizations. These organizations receive approximately $300 million in contributions a year. It is possible that some current federally tax exempt organizations may decide to open up volunteer health clinics to take advantage of the state sales tax exemption. The bill does not specify any other restrictions on volunteer health clinics other than the federal tax exemption and the exclusive use of purchases for treatment. This could add substantial additional cost to the state.

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The estimated cost to the state of this bill for an exemption from sales and use taxes for all tangible personal property sold to qualified volunteer health clinics is $1.648 million - $3.296 million. If county sales tax is also exempt, the total cost grows to $2.884 million - $5.768 million. It is possible that other tax exempt organizations might open up volunteer health clinics in order to qualify for the exemption once it becomes law. This would add additional cost to the state.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Shelley C. Nickel, 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:

Adelman E 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 E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1272, having received the requisite constitutional majority, was passed.

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Senator Whitehead of the 24th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Shafer of the 48th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1257:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to revise certain definitions; to change certain provisions relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to emergency services requirements; to change certain provisions relating to payments to nonparticipating and nonpreferred providers of health care services; to change certain provisions relating to health benefit plans providing incentives to use services of preferred providers; to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking paragraphs (2) and (3) of Code Section 31-1181, relating to definitions, in their entirety and inserting in lieu thereof the following:
(2) 'Emergency medical provider' means any provider of emergency medical transportation licensed or permitted by the Georgia Department of Human Resources,

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any hospital licensed or permitted by the Georgia Department of Human Resources, any hospital based service, or any physician licensed by the Composite State Board of Medical Examiners who provides emergency services. (3) 'Emergency services' means emergency medical transportation or health care services provided in a hospital emergency facility to evaluate and treat any emergency condition.
SECTION 2.
Said chapter is further amended in Code Section 31-11-82, relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization, by striking subsection (b) in its entirety and inserting a new subsection (b) to read as follows:
(b) If in the opinion of the attending physician or licensed ambulance service personnel acting under the medical direction of an ambulance service medical director as defined in Code Section 31-11-60.1 the evaluation provided under subsection (a) of this Code section warrants, he or she may initiate appropriate intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by an insurer, a health maintenance organization, or a private health benefit plan. No insurer, health maintenance organization, or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition.
SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraph (A) of paragraph (1) of Code Section 33-20A-9, relating to emergency services requirements, in its entirety and inserting in lieu thereof the following:
(1)(A) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patients emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. No managed care entity or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition. For purposes of this Code section, the term 'emergency health care provider' includes without limitation an emergency services provider and a licensed ambulance service providing all emergency medical transportation.
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 33-24-54, relating to payments to nonparticipating or nonpreferred providers of health care services, in its

MONDAY, MARCH 20, 2006

2391

entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, and 33-24-17 and Chapter 20 of this title or any other provisions of this title which might be construed to the contrary, whenever an accident and sickness insurance policy, subscriber contract, or self-insured health benefit plan, by whatever name called, which is issued or administered by a person licensed under this title provides that any of its benefits are payable to a participating or preferred provider of health care services licensed under the provisions of Chapter 4 of Title 26 or of Chapter 9, 11, 30, 34, 35, or 39 of Title 43 or of Chapter 11 of Title 31 for services rendered, the person licensed under this title shall be required to pay such benefits either directly to any similarly licensed nonparticipating or nonpreferred provider who has rendered such services, has a written assignment of benefits, and has caused written notice of such assignment to be given to the person licensed under this title or jointly to such nonparticipating or nonpreferred provider and to the insured, subscriber, or other covered person; provided, however, that in either case the person licensed under this title shall be required to send such benefit payments directly to the provider who has the written assignment. When payment is made directly to a provider of health care services as authorized by this Code section, the person licensed under this title shall give written notice of such payment to the insured, subscriber, or other covered person.
SECTION 5. Said title is further amended by adding to the end of Code Section 33-30-24, relating to health benefit plans providing certain incentives, the following:
For purposes of this Code section, when a request for emergency care is made through the emergency 9-1-1 system on behalf of a covered person and the ambulance service licensed under Chapter 11 of Title 31 that was dispatched in response to the request is not a preferred provider, for purposes of payment under paragraph (1) of this Code section, it shall be presumed that the covered person could not reasonably reach a preferred provider.
SECTION 6. Said title is further amended by striking subparagraph (AA) of paragraph (6) of Code Section 33-8-1, relating to fees and charges generally, and inserting in lieu thereof a new subparagraph (AA) to read as follows:
(AA) Amendment of filings...................................................................... 25.00
Provided, however, that the Commissioner, in his or her discretion, may exempt from such fee change of address filings done off line by agents, subagents, counselors, and adjusters.
(AA.1) Change of address filings done on line by agents, subagents, counselors, and adjusters............................................................................ No charge

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SECTION 7. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license, and inserting in lieu thereof a new paragraph (6) to read as follows:
(6) If applying for a license as counselor, the applicant must show that he or she either has had five years experience acting as either as an agent, subagent, or adjuster or in some other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion of the Commissioner, has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner unless the applicant is exempted by the Commissioner, based on the applicants experience and qualifications and pursuant to a regulation adopted by the Commissioner; .
SECTION 8. Said title is further amended by striking Code Section 33-23-25, relating to place of business, and inserting a new Code Section 33-23-25 to read as follows:
33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall appear on all licenses of the resident licensee be maintained by the Commissioner. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Substitute
Senators Shafer of the 48th and Balfour of the 9th offered the following amendment:
Amend the committee substitute (LC 33 1494S) to HB 1257 by striking the word "all" from line 27 of page 2 and inserting the numerals "911" in its place.
On the adoption of the amendment, the yeas were 37, nays 0, and the Shafer of the 48th, Balfour amendment was adopted.
On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

MONDAY, MARCH 20, 2006

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman E 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 E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

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HB 1257, having received the requisite constitutional majority, was passed by substitute.

HB 1066. By Representatives Manning of the 32nd, Ehrhart of the 36th, O`Neal of the 146th, Cooper of the 41st, Brown of the 69th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Unterman of the 45th.

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The Senate Health and Human Services Committee offered the following substitute to HB 1066:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by striking Code Section 31-12-6, relating to a system for prevention of mental retardation resulting inherited metabolic disorders, and inserting in lieu thereof the following:
31-12-6. (a) The department shall promulgate rules and regulations creating a system for the prevention of mental retardation serious illness, severe physical or developmental disability, and death caused by genetic conditions, such as phenylketonuria, galactosemia, tyrosinemia, homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal hyperplasia, and such other inherited metabolic and genetic disorders as may be determined identified in the future to result in serious illness, severe physical or developmental disability, and death cause mental retardation if undiagnosed and untreated. The system shall have five components: screening newborns for the disorders; retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (b) The entire process for screening, retrieval, and diagnosis must occur within the first three weeks of an infants life time frames established by the department pursuant to rules and regulations, and the system shall be structured to meet this critical need. (c) The department shall be responsible for the screening of all newborns for the disorder disorders enumerated and in a manner determined by the department pursuant to rules and regulations and shall be responsible for assessment of the program. (d) The department shall, to the extent state or federal funds are available for such purposes, including but not limited to funds provided under Title V of the Social Security Act, the Maternal and Child Health Services Block Grant, provide for retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the

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program. (e) Because the rudiments of such a system already exist, the The department shall utilize appropriate existing resources whenever possible and shall cause the coordination and cooperation of agencies and organizations having resources necessary for the creation of an effective system. (f) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia. (g) The department shall allow any laboratory licensed in Georgia and authorized to perform screening testing of newborn infants in any state using normal pediatric reference ranges to conduct the analysis required pursuant to this Code section. The testing performed by such laboratory must include testing for newborn diseases as required by law or regulation and shall provide test results and reports consistent with law and with policies, procedures, and regulations of the department. (h) No later than January 1, 2007, the Georgia Department of Audits and Accounts shall conduct an assessment evaluating the efficiency and effectiveness of the newborn screenings conducted by the Georgia Public Health Laboratory pursuant to this Code section. If it is determined that private laboratories can provide testing at a lower cost than the Georgia Public Health Laboratory, the department shall issue a request for proposals to qualified vendors including any private laboratory licensed in Georgia as established in subsection (g) of this Code section. The Georgia Public Health Laboratory shall be eligible to respond to such request for proposals.
(i) The requirements of this Code section with regard to screening, retrieval, and diagnosis shall not apply to any infant whose parents object in writing thereto on the grounds that such tests and treatment conflict with their religious tenets and practices.
SECTION 2. Said chapter is further amended by striking Code Section 31-12-7, relating to rules and regulations regarding tests for phenylketonuria, sickle cell anemia, and sickle cell trait, and inserting in lieu thereof the following:
31-12-7. (a) In coordination and association with the system established by the department for the screening, retrieval, and diagnosis of certain metabolic and genetic disorders pursuant to Code Section 31-12-6, the The department, or its successor agency or department, shall adopt and promulgate appropriate rules and regulations governing tests for phenylketonuria, sickle cell anemia, and sickle cell trait, and other metabolic and genetic disorders as enumerated by the department pursuant to rules and regulations so that as nearly as possible all newborn infants who are susceptible or likely to have

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phenylketonuria, sickle cell anemia, or sickle cell trait, or other metabolic and genetic disorders shall receive a test for phenylketonuria, sickle cell anemia, or sickle cell trait, or other metabolic and genetic disorders or all of such conditions as soon after birth as successful testing and treatment therefor may be initiated; provided, however, that this Code section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices. (b) If any such child is found to have phenylketonuria, sickle cell anemia, or sickle cell trait, it shall be the duty of the examining physician or the department to inform the parents of such child that the child is so afflicted and, if such child has sickle cell anemia or sickle cell trait, that counseling regarding the nature of the disease, its effects, and its treatment is available without cost from the department and the county board of health or county department of health. (c) It shall be the duty of the department and each county board of health and county department of health, or their successor agencies or departments, to furnish counseling and advice to any persons requesting such counseling regarding sickle cell anemia or sickle cell trait, its characteristics, symptoms, traits, effects, and treatment. Such counseling shall be furnished without cost to the person requesting it. (d) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department; provided, however, that in no event shall the total fees associated with such screening, retrieval, and diagnosis exceed $40.00 for the calendar year beginning January 1, 2007. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia.
SECTION 3. This Act shall become effective on January 1, 2007.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman E 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 E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1066, having received the requisite constitutional majority, was passed by substitute.

Senator Kemp of the 46th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

HB 1291. By Representatives Smith of the 131st, Rogers of the 26th, Meadows of the 5th and Murphy of the 120th:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate automobile clubs; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harp of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman E Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort E 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 E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 1.

HB 1291, having received the requisite constitutional majority, was passed.

HB 594. By Representatives Maxwell of the 17th, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and Randall of the 138th:

A BILL to be entitled an Act to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the basis of the bondsmens fees; to provide for related matters; 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 E Balfour Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 594, having received the requisite constitutional majority, was passed.

Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

HB 1014. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Jones of the 44th, Golick of the 34th, Manning of the 32nd 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 sales and use tax, so as to extend the automatic repeal date for an exemption for overhead materials of a government contractor; to delete obsolete language; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Wiles of the 37th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400

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Russell W. Hinton State Auditor (404) 656-2174

January 13, 2006

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 HB 1014 (LC 33 1082)

Overhead materials used or consumed in the performance of a contract between the U.S. Department of Defense (DOD) or the National Aeronautics and Space Administration (NASA) and a government contractor are currently exempt from Georgia's sales and use tax. However, this exemption expires on January 1, 2007. This bill would extend this exemption until January 1, 2011. The Georgia State University Fiscal Research Center provided the following analysis of the revenue impact of extending this exemption:

The table below lists expenditures in Georgia for FY 2004 by DOD and NASA. For DOD, these expenditures are published in the Atlas/Data Abstract for the U.S. and Selected Areas. For NASA, the data are published in the Consolidated Federal Funds Report. Expenditures by DOD on construction are not included since these expenditures are not included in this exemption from sales tax.

Department of Defense Supply & Equipment Contracts RDT&E Contracts Services Contracts Civil Function Contracts Grants

FY 2004 Contract Expenditures ($ Thousands)

$

1,76 4,766

$

5 6,525

$

1,66 5,406

$

10 3,053

$

4 8,345

Sub-Total $

3,63 8,095

NASA

Procurement Contracts

$

Grants

$

2 1,724 2 1,857

Sub- Total $

4 3,581

Tota l

$

3,68 1,676

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To develop a most likely estimate, it is necessary to exclude some of these expenditures that would continue to be non-taxable even if the current exemption were to expire; these expenditures would not be taxed per other provisions of Georgia's tax code. For example, services are generally not subject to sales tax in Georgia. Expenditures on identified services contracts equaled $1,665.4 million. Thus, our most likely estimate excludes these expenditures. In addition, it is assumed that grants are provided to government entities and purchases using grant funds are also exempt from the sales tax.

For the other categories of expenditures, it was assumed that overhead materials represented 40% of total expenditures. The remaining 60% would be made up of categories such as labor and services. Applying this percentage to the remaining categories and excluding all expenditures on services contracts and grants yields FY 2004 expenditures of $778.4 million on overhead materials that would be taxable after this exemption expires.

The FY 2004 revenue loss is calculated by applying the state's 4% tax rate to this expenditure estimate. This yields $31.1 million as the most likely estimate of the FY 2004 revenue loss due to the exemption. In addition, local government revenues would decline by $23.4 million, assuming a 3% local sales tax rate.

Assuming this expenditure amount remains relatively constant over time, continuing this exemption beyond January 1, 2007 would reduce state sales tax revenue by $15.6 million in FY 2007 and $31.1 million in FY 2008. Continuing the exemption would reduce local governments' sales tax revenues by $11.7 million in FY 2007 and $23.4 million in FY 2008.

Respectfully,

/s/ Russell W. Hinton State Auditor

/s/ Shelley C. Nickel, 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 E Balfour
Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1014, having received the requisite constitutional majority, was passed.

HB 1310. By Representatives O`Neal of the 146th, Knight of the 126th, Cole of the 125th, Smith of the 131st and Mosby of the 90th:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to change certain provisions relating to confidential information; to change certain provisions regarding forms of payment; to change certain provisions regarding extension of time for certain returns; to change certain provisions regarding sales and use tax return allowances; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cagle of the 49th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts

MONDAY, MARCH 20, 2006

2403

Russell W. Hinton State Auditor (404) 656-2174

270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
February 17, 2006

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 1310 Substitute (LC 18 5227S)

This bill amends current state tax law by adopting the changes to the Federal Tax code that occurred during 2005. Georgia uses the calculation of Federal taxable income as the base of taxation for the state corporation income tax. Furthermore, the Georgia personal income tax incorporates the value of itemized deductions taken at the federal level as well as federal adjusted gross income (AGI). Thus, changes made at the Federal level to the definition of federal taxable income of corporations, federal AGI, and itemized deductions affect the base of the Georgia corporate and personal income tax.

The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of the various provisions of this bill and estimates the revenue impact to be a decrease of approximately $35 million over a five year period:

The passage of several pieces of legislation at the Federal level in 2005, specifically the Energy Policy Act of 2005 (HR 6), the Katrina Emergency Tax Relief Act of 2005 (HR 3768), and the Gulf Opportunity Zone Act of 2005 (HR 4440), reduces the base of tax revenues for Georgia, and represents a decline in potential revenue collections. The revenue consequences to the state of Georgia of adopting new provisions contained in the Federal Code are shown in Table 1.

Table 1 - The Revenue Effect of HB 1310 (Fiscal Years/$ in millions)
2006 2007 2008 2009 2010 Total -6 -11 -9 -5 -4 -35
The tables on the following pages provide the detailed impacts for the various elements of the changes in federal regulations that are to be adopted under HB 1310.

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Estimates of provisions contained in HR 6, HR 4440, HR 3768 -

Estimates of provisions contained in HR 6 -

Fiscal Years - $ in millions 2006 2007 2008 2009 2010 Total

Natural gas distribution lines treated -0.1 as 15 year property

-0.2 -0.4 -0.6 -0.7 -2.0

Transmission property treated as 15 year property

*

-0.1 -0.2 -0.4 -0.5 -1.2

Amortization of atmospheric pollution control facilities

-0.1

-0.2 -0.3 -0.5 -0.7 -1.8

Modification of special rules for nuclear decommissioning costs

-0.8

-1.3 -1.2 -1.1 -0.8 -5.2

Treatment of income of certain electric cooperatives

0

-0.1 -0.2 -0.2 -0.3 -0.8

Dispositions of transmission property -0.2 to implement FERC restructing policy

-0.5 -1.1 -0.4 0.2 -2.0

Alternative technology vehicle credits and elimination of section 179 deduction

0.1

*

*

*

* 0.1

Energy efficient commercial buildings deduction

-0.7

-1.2 -0.4 0.1

* -2.2

5 year carryback of net operating loss -0.4 for certain electrical utility companies

-0.2 -0.1 0.1 0.1 -0.5

Modify recapture of section 197 amortization

0.1

0.1 0.1 0.1 0.1 0.5

Estimate of provisions contained in HR 4440 -

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2405

Part 1 - Establishment of the Gulf Opportunity Zone

Income exclusion for interest earned -0.2 from private activity bonds related to Gulf Opportunity Zone and allow for advanced refunding of certain bonds

-0.8 -1.3 -1.7 -1.9 -6.0

Increased expensing under Sec. 179 - -0.1 provision

-0.2 -0.1 0.1 0.1 -0.3

Partial expensing for certain demolition costs

Fiscal Years - $ in millions

2006

2007 2008 2009 2010 Total

-0.3

-0.4 -0.2 0.0 0.0 -0.9

Extend and expand expensing to petroleum products

-0.1

-0.3 -0.2 0.0 0.0 -0.5

Treatment of Public Utilities property -0.6 disaster losses

-0.7 0.1 0.3 0.2 -0.8

Part 2. Tax benefits related to Hurricanes Rita and Wilma

Suspension of 10% and $100

-0.4

-0.9 -0.5 * --- -1.7

thresholds on personal casualty losses

Modifications of suspension of interest and penalties

0.2

0.0 0.0 0.0 0.0 0.2

Estimate of provisions contained in HR 3768 -

Part 3 - Charitable giving incentives Increase in standard mileage rate for -0.1 charitable vehicles related to hurricane relief

-0.2

--- --- --- -0.3

Mileage reimbursements to charitable 0.0 volunteers excluded from income

0.0

--- --- --- 0.0

Part 4 - Additional Tax Relief Provisions

Suspend the 10% and $100

-0.8

thresholds on personal casualty losses

relating to Hurricane Katrina

-1.8 -1.0 * --- -3.6

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Required exercise of IRS administrative authority (combat zones, others)

0.0

0.0 0.0 0.0 0.0 -0.1

Special mortgage financing rules for

0.0

residences in Katrina affected areas

0.0 -0.1 -0.1 -0.1 -0.4

Extend replacement period for

-1.0

-2.4 -1.5 -0.1 0.0 -5.0

nonrecognition of gain for Katrina

area property

Combined Total for Adoption of HR 6, HR 4440, and HR 3768

-6

-11

-9 -5 -4 -35

HR 6 refers to the Energy Policy Act of 2005 HR 3768 refers to the Katrina Emergency Tax Relief Act of 2005 HR 4440 refers to the Gulf Opportunity Zone Act of 2005

* represents a loss of less than $500,000.

The following provisions from HR 4440 were estimated to have no revenue effect or have an effect of less than $100,000 to the State of Georgia. Low-income housing credit Increase rehabilitation credit Increase reforestation expensing from $10,000 to $20,000 for expenses incurred in the GO zone, Rita GO zone, and Wilma GO zone. Treat small timber growers as farmers for purposes of the 5 year net operating loss carryback in section 172(b)(1)(G) Treatment of representations regarding income eligibility for purposes of qualified residential rental project requirements Expansion of HOPE Scholarship and Lifetime Learning Credits Extension of special rules for Mortgage Revenue Bonds in the Katrina disaster area. Recontributions of withdrawals for home purchases cancelled due to Hurricanes Rita and Wilma Retention Credits Required exercise of IRS administrative authority under Code section 7508A for tax relief for certain taxpayers Secretarial authority to make adjustments regarding taxpayer and dependency status Designation of certain public debt as Gulf Coast Recovery Bonds Inclusion of combat pay in earned income for purposes of EITC at taxpayer's election Disclosures of certain tax information.

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2407

The following provisions from HR 3768 were estimated to have no revenue effect or have an effect of less than $100,000 to the State of Georgia. Special rules for use of retirement funds for relief relating to Hurricane Katrina Employment relief Additional $500 personal exemption for Hurricane Katrina displaced individuals Extend enhanced deduction for contributions of food inventory to individuals Extend enhanced deduction for contributions of book inventory to include contributions to public schools Exclusion of certain indebtedness affected by Hurricane Katrina Allow residents of Hurricane Katrina disaster area as of 8/25/05 exceptions for calculation of EITC Secretarial authority to make adjustments regarding taxpayer and dependency status for taxpayers affected by Hurricane Katrina
The following provisions from HR 6 were estimated to have no revenue effect or have an effect of less than $100,000 to the State of Georgia. Arbitrage rules not to apply to prepayments for natural gas Natural gas gathering lines treated as 7 year property Determination of small refiner exception to oil depletion deduction Temporary expensing for equipment used in the refining of liquid fuels Allow pass through to owners of deduction for capital costs incurred by small refiner coops in complying with EPA Amortization of geological and geophysical expenditures
House Bill 1310 does not adopt the Federal Code in its entirety but includes several exceptions. These exceptions include Section 1400N(d)(1), Section 1400N(j), and Section 1400N(k). These provisions which are contained in the Federal Code are to be explicitly excluded from state law under House Bill 1310. Furthermore, while state law does not currently include Internal Revenue Code (IRC) Section 168, House Bill 1310 would adopt IRC Section 168(k)(2)(A)(i), 168(k)(2)(D)(i), and 168(k)(2)(E) for purposes of reference to other sections of state law.
Respectfully,
/s/ Russell W. Hinton State Auditor
/s/ Shelley C. Nickel, Director Office of Planning and Budget
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman E 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 E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

HB 1310, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1834 until 10:00 a.m. Wednesday, March 22, 2006; the motion prevailed, and at 2:52 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, March 22, 2006 Thirty-fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:

HB 1620. By Representatives Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, Orrock of the 58th and others:
A BILL to be entitled an Act to provide a new charter for the City of Lithonia in DeKalb County, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for severability; to repeal conflicting laws; and for other purposes.

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HB 1621. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1622. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act providing 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 so as to change certain provisions regarding the compensation of the members of such board; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1623. By Representative Mosley of the 178th:
A BILL to be entitled an Act to create a board of elections and registration for Brantley 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 related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1624. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1626. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to annex certain territory into the City of Guyton and change the corporate limits of the city; to provide for related matters; to provide for a referendum; to provide for submission; to provide effective dates; to repeal conflicting laws; and for other purposes.
The House has passed by the requisite constitutional majority the following Bills of the Senate:

SB 210.

By Senators Stoner of the 6th, Hill of the 32nd, Shafer of the 48th and Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for superior court filing of certain commission orders; to provide for venue, judgment, and effect of judgment; to repeal conflicting laws, and for other purposes.

SB 399. SB 441.

By Senators Shafer of the 48th, Zamarripa of the 36th, Moody of the 56th, Reed of the 35th and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, so as to provide that a noncontiguous area within three miles of another noncontiguous area may be treated as the same noncontiguous area; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Bulloch of the 11th, Kemp of the 46th, Cagle of the 49th, Stephens of the 27th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

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SB 79.

By Senators Williams of the 19th, Pearson of the 51st, Rogers of the 21st, Goggans of the 7th, Heath of the 31st and others:

A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide expressly that local boards of education are authorized to provide additional elective courses for students in specified grades; to provide for state funding of such additional elective courses; to repeal conflicting laws; and for other purposes.

SB 195.

By Senators Schaefer of the 50th, Rogers of the 21st, Carter of the 13th, Chance of the 16th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for other related matters; to repeal conflicting laws; and for other purposes

SB 592.

By Senators Grant of the 25th, Hill of the 4th, Kemp of the 46th and Harp of the 29th:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate:

SR 823.

By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth

WEDNESDAY, MARCH 22, 2006

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County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate substitutes to the following Bills of the House:

HB 251.

By Representatives Bridges of the 10th, Cummings of the 16th, Coleman of the 97th and Forster of the 3rd:

A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 984.

By Representatives Coan of the 101st, Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Coleman of the 97th and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate amendments to the following Bills of the House:

HB 543.

By Representatives Casas of the 103rd, Hembree of the 67th, Maxwell of the 17th, Chambers of the 81st and Jones of the 46th:
A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain

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purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 595.

By Representatives Millar of the 79th, Jacobs of the 80th, Drenner of the 86th, Chambers of the 81st, Henson of the 87th and others:

A BILL to be entitled an Act to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The House has disagreed to the Senate substitutes to the following Bills of the House:

HB 173.

By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

HB 912.

By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain provisions relating to applicability to nonparties; to provide that silence may act as a waiver under certain circumstances; to change certain provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has disagreed to the Senate amendments to the following Bills of the House:

HB 81.

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2415

By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:

SR 1236. By Senators Meyer von Bremen of the 12th, Hooks of the 14th, Goggans of the 7th and Carter of the 13th:
A RESOLUTION creating the Senate Study Committee on the State Health Care Benefit Plan; and for other purposes.
Referred to the Rules Committee.

The following House legislation was read the first time and referred to committee:

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HB 1620. By Representatives Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, Orrock of the 58th and others:
A BILL to be entitled an Act to provide a new charter for the City of Lithonia in DeKalb County, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1621. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1622. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act providing 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 so as to change certain provisions regarding the compensation of the members of such board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

WEDNESDAY, MARCH 22, 2006

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HB 1623. By Representative Mosley of the 178th:
A BILL to be entitled an Act to create a board of elections and registration for Brantley 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 related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1624. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1626. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to annex certain territory into the City of Guyton and change the corporate limits of the city; to provide for related matters; to provide for a referendum; to provide for submission; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

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Mr. President:

The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1404 Do Pass Mr. President:

Respectfully submitted, Senator Bulloch of the 11th District, Chairman

The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1168 Do Pass HB 1184 Do Pass by substitute

Mr. President:

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1227 Do Pass by substitute HB 1316 Do Pass

HB 1358 Do Pass HB 1483 Do Pass

Mr. President:

Respectfully submitted, Senator Moody of the 56th District, Chairman

The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 304 HB 429 HB 1160 HB 1244

Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute

HB 1305 HB 1403 HB 1502 HB 1506

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Cagle of the 49th District, Chairman

WEDNESDAY, MARCH 22, 2006

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Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 801 HB 832 HB 873 HB 907

Do Pass Do Pass Do Pass Do Pass by substitute

HB 1223 HB 1224 HB 1308 HB 1451

Do Pass by substitute Do Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Thomas of the 54th District, Chairman

Mr. President:

The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1083 Do Pass HB 1228 Do Pass as amended HB 1252 Do Pass

HB 1294 Do Pass HR 1258 Do Pass

Respectfully submitted, Senator Harp of the 29th District, Chairman

Mr. President:

The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1364 Do Pass HB 1371 Do Pass by substitute
Respectfully submitted, Senator Hudgens of the 47th District, Chairman

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Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 239 HB 268 HB 847 HB 1059

Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute

HB 1073 HB 1145 HB 1195 HB 1313

Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1085 Do Pass HB 1490 Do Pass by substitute SR 1195 Do Pass

Respectfully submitted, Senator Tolleson of the 20th District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 276 HB 513 HB 710 HB 959 HB 1006

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1053 HB 1216 HB 1236 HR 1564 SR 1170

Do Pass by substitute Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Kemp of the 46th District, Chairman

WEDNESDAY, MARCH 22, 2006

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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 1170 Do Pass HB 1248 Do Pass by substitute HB 1259 Do Pass by substitute

HB 1436 Do Pass by substitute HB 1542 Do Pass

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

Mr. President:

The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1292 Do Pass

HB 1325 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Regulated Industries and Utilities 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 874 HB 1044 HB 1143 HB 1162 HB 1423 HB 1474 HB 1501

Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass by substitute

HB 1570 HB 1572 HB 1583 HB 1585 HB 1608 HB 1609 HB 1610

Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

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Senator Williams of the 19th gave notice that at the proper time he would move the Senate resolve itself into the Committee of the Whole Senate for the purpose of considering HB 1027.
The following communication from His Excellency, Governor Sonny Perdue, was read by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
Sonny Perdue Governor
March 20, 2006
Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, GA 30334
Dear Lieutenant Governor and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Jerilyn Barr of Cherokee County, as a member of the Board of Commissioners of the Commission on Equal Opportunity, for the term of office beginning January 17, 2006, and ending September 29, 2008.
The Honorable Barbara Gunn of Cobb County, as a member of the Board of Commissioners of the Commission on Equal Opportunity, for the term of office beginning January 17, 2006, and ending September 29, 2008.
The Honorable Dudley Rochelle of Cobb County, as a member of the Board of Commissioners of the Commission on Equal Opportunity, for the term of office beginning January 17, 2006, and ending September 29, 2008.
The Honorable Garrison Baker of White County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning November 24, 2005, and ending June 30, 2008.

WEDNESDAY, MARCH 22, 2006

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The Honorable Gary Braddy of Montgomery County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning September 10, 2005, and ending October 1, 2006.
The Honorable Johnnie Crews of Brantley County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning October 24, 2005, and ending June 30, 2008.
The Honorable Mike Greene of Jones County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning September 12, 2005, and ending June 30, 2006.
The Honorable Jim Larche of Cobb County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning December 12, 2005, and ending at the pleasure of the Governor.
The Honorable Roger Garrison of Cherokee County, as a member of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, for the term of office beginning January 17, 2006, and ending June 30, 2007.
The Honorable L. Cary Bittick Jr. of Monroe County, as a member of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, for the term of office beginning January 17, 2006, and ending June 30, 2007.
The Honorable Kim Gay of Fulton County, as a member of the Board of Community Health, for the term of office beginning January 19, 2006, and ending July 1, 2008.
The Honorable Ann Parker of Fulton County, as a member of the Board of Community Health, for the term of office beginning January 19, 2006, and ending July 1, 2008.
The Honorable Michael Vollmer of Tift County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning October 24, 2005, and ending June 30, 2009.
The Honorable A. D. Frazier of Fulton County, as a member of the Board of Corrections, for the term of office beginning October 24, 2005, and ending July 1, 2010.
The Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections, for the term of office beginning October 17, 2005, and ending July 1, 2010.
The Honorable Bill Jackson of Columbia County, as a member of the Board of Corrections, for the term of office beginning September 26, 2005, and ending July 1, 2009.

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The Honorable Carlton Powell of Thomas County, as a member of the Board of Corrections, for the term of office beginning October 17, 2005, and ending July 1, 2010.
The Honorable David Karangu of Richmond County, as a member of the Board of Directors of MCG Health, Inc, for the term of office beginning October 15, 2005, and ending October 15, 2008.
The Honorable Ann Crowder of Chatham County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning January 3, 2006, and ending December 15, 2009.
The Honorable Marty Kogon of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning January 25, 2006, and ending December 15, 2006.
The Honorable Jerry Bowman of Forsyth County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 6, 2005, and ending June 1, 2007.
The Honorable Doug Chalmers of Fulton County, as a member of the Board of Drivers Services, for the term of office beginning October 17, 2005, and ending June 30, 2011.
The Honorable David Hanna of Fulton County, as a member of the Board of Drivers Services, for the term of office beginning September 19, 2005, and ending June 30, 2011.
The Honorable Gabrielle Braswell of Fulton County, as a member of the Board of Early Care and Learning, for the term of office beginning October 3, 2005, and ending July 1, 2007.
The Honorable Theodore Mallory of Fayette County, as a member of the Board of Early Care and Learning, for the term of office beginning November 14, 2005, and ending July 1, 2007.
The Honorable Maggy Martinez of Clayton County, as a member of the Board of Early Care and Learning, for the term of office beginning September 19, 2005, and ending July 1, 2006.

The Honorable Victor Morgan of Bartow County, as a member of the Board of Early Care and Learning, for the term of office beginning November 14, 2005, and ending July 1, 2009.

WEDNESDAY, MARCH 22, 2006

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The Honorable Carlene Talton of DeKalb County, as a member of the Board of Early Care and Learning, for the term of office beginning September 19, 2005, and ending July 1, 2007.
The Honorable Melissa Turner of Gwinnett County, as a member of the Board of Early Care and Learning, for the term of office beginning September 19, 2005, and ending July 1, 2009.
The Honorable Charles Webb of Bulloch County, as a member of the Board of Early Care and Learning, for the term of office beginning September 19, 2005, and ending July 1, 2006.
The Honorable Joe M. Hatfield of Habersham County, as a member of the Board of Economic Development, for the term of office beginning October 17, 2005, and ending July 1, 2010.
The Honorable Phil Jacobs of Fulton County, as a member of the Board of Economic Development, for the term of office beginning September 12, 2005, and ending July 1, 2009.
The Honorable Rick Singletary of Thomas County, as a member of the Board of Economic Development, for the term of office beginning November 21, 2005, and ending July 1, 2010.
The Honorable Robert Dicks III of Clarke County, as a member of the Board of Human Resources, for the term of office beginning October 17, 2005, and ending January 1, 2008.
The Honorable Patrick Head of Cobb County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2006, and ending January 20, 2009.
The Honorable Bob Hatcher of Bibb County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 6, 2006, and ending January 1, 2013.
The Honorable Felton Jenkins of Morgan County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 6, 2006, and ending January 1, 2013.
The Honorable Mansfield Jennings of Pulaski County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 6, 2006, and ending January 1, 2013.

2426

JOURNAL OF THE SENATE

The Honorable Willis Potts of Floyd County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning February 28, 2006, and ending January 1, 2013.
The Honorable Ben Tarbutton III of Washington County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 6, 2006, and ending January 1, 2013.
The Honorable Scott Evans of Pickens County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning March 15, 2006, and ending June 30, 2010.
The Honorable Steve Richards of Murray County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning March 15, 2006, and ending August 28, 2010.
The Honorable Elmo Richardson of Bibb County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning March 15, 2006, and ending June 1, 2010.
The Honorable Alvin Wilbanks of Gwinnett County, as a member of the Board of Trustees of the Georgia Teachers Retirement System, for the term of office beginning November 14, 2005, and ending June 30, 2007.
The Honorable Steven Leibel of Lumpkin County, as a member of the Brain & Spinal Injury Trust Fund Commission, for the term of office beginning February 21, 2006, and ending December 8, 2007.
The Honorable Wayne St. Clair of Fulton County, as Commissioner of the Georgia Merit System, for the term of office beginning September 10, 2005, and ending at the pleasure of the Governor.
The Honorable Kathy Kinlaw of Dekalb County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 13, 2006, and ending July 1, 2009.
The Honorable William Roundtree of Muscogee County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 13, 2006, and ending July 1, 2009.
The Honorable Jean Sumner of Johnson County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning February 21, 2006, and ending July 1, 2009.

WEDNESDAY, MARCH 22, 2006

2427

The Honorable Martin Moore of Hall County, as a member of the Consumer Advisory Board, for the term of office beginning September 12, 2005, and ending July 1, 2008.
The Honorable Fred Greer of Newton County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning January 25, 2006, and ending June 30, 2009.
The Honorable Curly Cook of Oglethorpe County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning October 3, 2005, and ending January 25, 2008.
The Honorable Paul English of Bleckley County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning September 26, 2005, and ending January 25, 2009.
The Honorable George Lee of Tift County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning October 3, 2005, and ending January 25, 2008.
The Honorable Dale Redeker of Tift County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning October 3, 2005, and ending July 1, 2008.
The Honorable Tyron Spearman of Tift County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning September 19, 2005, and ending July 1, 2009.
The Honorable Mark Manley of Thomas County, as a member of the Georgia Auctioneers Commission, for the term of office beginning January 19, 2006, and ending August 14, 2010.
The Honorable Willis Boshears of Richmond County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning February 14, 2006, and ending July 1, 2011.
The Honorable Terry Cawley of Lowndes County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning February 23, 2006, and ending July 1, 2011.
The Honorable Eugene Demonet of Harris County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning February 16, 2006, and ending July 1, 2011.

2428

JOURNAL OF THE SENATE

The Honorable Bob Harless of Coffee County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning November 21, 2005, and ending July 1, 2010.
The Honorable Karen Mathaik of Spalding County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning November 16, 2005, and ending August 20, 2010.
The Honorable David Wren of Lee County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning January 19, 2006, and ending August 20, 2110.
The Honorable Joan Fischer of Clarke County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning January 19, 2006, and ending June 30, 2009.
The Honorable Tracey Neely of Richmond County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning January 19, 2006, and ending June 30, 2009.
The Honorable Nancy Walters of Columbia County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning January 19, 2006, and ending June 30, 2009.
The Honorable Toni Barnett of Gilmer County, as a member of the Georgia Board of Nursing, for the term of office beginning November 4, 2005, and ending September 23, 2008.
The Honorable Eric Groh of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008.
The Honorable Patricia Anne Harwell of Rockdale County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008.
The Honorable William Jackson of Banks County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008.

WEDNESDAY, MARCH 22, 2006

2429

The Honorable Janet Lenard of Columbia County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008.
The Honorable Jan Ligon of Cobb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008.
The Honorable Rick Austin of Habersham County, as a member of the Georgia County Leadership Academy, for the term of office beginning February 6, 2006, and ending July 1, 2006.
The Honorable Jan Tankersley of Bulloch County, as a member of the Georgia County Leadership Academy, for the term of office beginning February 6, 2006, and ending July 1, 2006.
The Honorable Douglas Mitchell of Fulton County, as a member of the Georgia Environmental Facilities Authority, for the term of office beginning January 20, 2006, and ending July 1, 2009.
The Honorable Mike Byrd of Cherokee County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning October 20, 2005, and ending at the pleasure of the Governor.
The Honorable Billy Johnson of Douglas County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning October 20, 2005, and ending at the pleasure of the Governor.
The Honorable John Woodruff of Fulton County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning October 20, 2005, and ending at the pleasure of the Governor.
The Honorable Shaw Blackmon of Houston County, as a member of the Georgia Golf Hall of Fame Board, for the term of office beginning October 24, 2005, and ending November 1, 2010.

The Honorable Bob Love of Fulton County, as a member of the Georgia Real Estate Commission, for the term of office beginning March 20, 2006, and ending January 26, 2011.

2430

JOURNAL OF THE SENATE

The Honorable Dwight Wood of Hall County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning September 28, 2005, and ending July 1, 2008.
The Honorable Darvin Eason of Cook County, as a member of the Georgia Tobacco Community Development Board, for the term of office beginning January 19, 2006, and ending August 26, 2008.
The Honorable Chuck Adams of Hart County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Elizabeth Brock of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007.
The Honorable Chris Bryson of Stephens County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2009.
The Honorable Clay Campbell of Thomas County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Susan Chambers of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007.
The Honorable Janet Deal of Douglas County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007.
The Honorable Robert Dyar of Cobb County, as a member of the Health Strategies Council, for the term of office beginning February 21, 2006, and ending July 1, 2006.
The Honorable John Freihaut of Cobb County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Venus Gines of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007.
The Honorable Trey Googe of Fulton County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Michael Greene of Bibb County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007.

WEDNESDAY, MARCH 22, 2006

2431

The Honorable Tommy Hopkins of Spalding County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Donna Hyland of Fulton County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007.
The Honorable Tammy King of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007.
The Honorable Kirkland McGhee of Fulton County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007.
The Honorable Lynn Mullis of Bleckley County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2009.
The Honorable Grace Newsome of Dawson County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007.
The Honorable Gary Oetgen of Chatham County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007.
The Honorable Kelly Penton of Richmond County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Jessie Petrea of Chatham County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007.
The Honorable Louise Radloff of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Dan Rahn of Richmond County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Sheila Ridley of Tift County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009.
The Honorable Julie Wilkerson of Bibb County, as a member of the Health Strategies Council, for the term of office beginning February 21, 2006, and ending July 1, 2009.
The Honorable Mark Wilson of Lowndes County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007.

2432

JOURNAL OF THE SENATE

The Honorable Connie Hagler of Hall County, as a member of the Lake Lanier Islands Authority, for the term of office beginning March 20, 2006, and ending March 15, 2009.
The Honorable Sallie Bullock of Madison County, as a member of the Professional Standards Commission, for the term of office beginning December 19, 2005, and ending July 1, 2008.
The Honorable Pam Greenway of Houston County, as a member of the Professional Standards Commission, for the term of office beginning November 21, 2005, and ending July 1, 2008.
The Honorable Lee Muns of Columbia County, as a member of the Professional Standards Commission, for the term of office beginning October 21, 2005, and ending July 1, 2008.
The Honorable Craig Smith of Baldwin County, as a member of the Professional Standards Commission, for the term of office beginning October 21, 2005, and ending July 1, 2008.
The Honorable Gary Bechtel of Bibb County, as a member of the Professional Standards Commission, for the term of office beginning October 21, 2005, and ending July 1, 2008.
The Honorable Mary Outlaw of Floyd County, as a member of the Professional Standards Commission, for the term of office beginning October 21, 2005, and ending July 1, 2008.
The Honorable Sam Johnson of Stephens County, as a member of the State Board of Accountancy, for the term of office beginning January 19, 2006, and ending June 30, 2009.
The Honorable Lorena Holland-Barrios of Richmond County, as a member of the State Board of Barbers, for the term of office beginning January 19, 2006, and ending December 29, 2008.
The Honorable Evelyn Reid of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning March 20, 2006, and ending July 1, 2006.
The Honorable Michelle Turley of Chatham County, as a member of the State Board of Cosmetology, for the term of office beginning March 20, 2006, and ending May 5, 2008.
The Honorable Wanda Barrs of Bleckley County, as a member of the State Board of Education, for the term of office beginning January 5, 2006, and ending January 1, 2013.

WEDNESDAY, MARCH 22, 2006

2433

The Honorable Brad Bryant of DeKalb County, as a member of the State Board of Education, for the term of office beginning January 5, 2006, and ending January 1, 2013.
The Honorable Stanley Tate of Carroll County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning September 19, 2005, and ending June 30, 2007.
The Honorable Draper Watson of Houston County, as a member of the State Board of Funeral Service, for the term of office beginning February 22, 2006, and ending February 13, 2012.
The Honorable Sheila Weddon of Burke County, as a member of the State Board of Nursing Home Administrator, for the term of office beginning January 19, 2006, and ending June 4, 2008.
The Honorable Malcolm Tatum of Harris County, as a member of the State Board of Pharmacy, for the term of office beginning March 20, 2006, and ending November 1, 2010.
The Honorable Patricia Willis of Gwinnett County, as a member of the State Board of Physical Therapy, for the term of office beginning January 19, 2006, and ending August 30, 2008.
The Honorable Robert Griggers of Peach County, as a member of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning November 7, 2005, and ending June 30, 2009.
The Honorable Butch Hon of Bleckley County, as a member of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning February 21, 2006, and ending June 30, 2008.
The Honorable Donald Riner of Emanuel County, as a member of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning November 7, 2005, and ending June 30, 2007.
The Honorable Jeff Appling of Banks County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning November 7, 2005, and ending November 21, 2007.
The Honorable Brenda Garland of Habersham County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning January 3, 2006, and ending November 21, 2009.

2434

JOURNAL OF THE SENATE

The Honorable Nick Masino of Gwinnett County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning October 17, 2005, and ending November 21, 2007.

The Honorable Jo Maypole of Richmond County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning October 19, 2005, and ending November 21, 2009.

The Honorable David Moody of Dekalb County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning October 17, 2005, and ending November 21, 2007.

The Honorable Neatha Young of Chatham County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning November 14, 2005, and ending November 21, 2007.

The Honorable Rob Joseph of Dekalb County, as a member of the State Personnel Board, for the term of office beginning November 14, 2005, and ending November 14, 2010.

The Honorable Hal Roach of Bulloch County, as a member of the State Personnel Board, for the term of office beginning January 25, 2006, and ending January 3, 2008.

The Honorable Geri Thomas of Fulton County, as a member of the State Personnel Board, for the term of office beginning November 21, 2005, and ending January 3, 2009.

Sincerely,

/s/ Sonny Perdue

The President assigned the Governor's Executive Appointments to the Senate Rules Committee.

The following legislation was read the second time:

HB 535 HB 654 HB 724 HB 848 HB 1027 HB 1090

HB 1121 HB 1126 HB 1164 HB 1211 HB 1240 HB 1249

HB 1273 HB 1275 HB 1282 HB 1304 HB 1319

HB 1326 HB 1361 HB 1372 HB 1373 HB 1385

HB 1405 HB 1444 HB 1456 HB 1484 HR 1169

HR 1491 HR 1551 HR 1661 SR 1114 SR 1133

Senator Kemp of the 46th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

WEDNESDAY, MARCH 22, 2006

2435

Senator Thomas of the 2nd asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Goggans of the 7th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman 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.

Senator Hudgens of the 47th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

Senator Seay of the 34th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Bulloch Cagle Carter Chance Chapman Douglas Goggans Golden Grant Hamrick Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Schaefer Seabaugh Seay

Shafer,D Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Butler (Excused) Thompson, S (Excused)

Fort (Excused) Tolleson (Excused)

Rogers (Excused) Unterman (Excused)

The members pledged allegiance to the flag.

2436

JOURNAL OF THE SENATE

Senator Jones of the 10th introduced the chaplain of the day, Bishop Jimmie L. Smith of Stockbridge, Georgia, who offered scripture reading. Pastor Ruth Smith of Stockbridge, Georgia offered prayer.
Senator Miles of the 43rd recognized the Columbia High School Eagles Basketball Team, commended by SR 1190, adopted previously.
Senator Jones of the 10th recognized senior football players from DeKalb County, commended by SR 1049, adopted previously.
Senator Hill of the 32nd recognized United States Marine Lee Merritt, commended by SR 762, adopted previously.
Senator Butler of the 55th recognized representatives of the City of Clarkston, commended by SR 771, SR 772, SR 773, SR 774, SR 775, SR 776 and SR 777, adopted previously.
Senator Butler of the 55th recognized the Clarkston Health Collaborative, commended by SR 778, adopted previously.
Senator Butler of the 55th recognized Tony Scipio, commended by SR 1115, adopted previously.
The following resolutions were read and adopted:
SR 1234. By Senator Schaefer of the 50th:
A RESOLUTION commending the Sandy Cross Volunteer Fire Department and congratulating them on the opening of a new and modern fire station; and for other purposes.

SR 1235. By Senators Henson of the 41st, Hooks of the 14th and Williams of the 19th:
A RESOLUTION commending Dr. James L. Cherry for his pioneering efforts in the disability rights movement; and for other purposes.

SR 1237. By Senator Harbison of the 15th:
A RESOLUTION congratulating New Bethel Seventh Day Adventist Church on its 100th anniversary; and for other purposes.

WEDNESDAY, MARCH 22, 2006

2437

SR 1238. By Senators Rogers of the 21st, Douglas of the 17th and Chapman of the 3rd:
A RESOLUTION recognizing and commending the Armor 4 Troops Foundation, Inc.; and for other purposes.
SR 1239. By Senator Bulloch of the 11th:
A RESOLUTION commending John D. Burch on becoming an Eagle Scout; and for other purposes.
SR 1240. By Senator Bulloch of the 11th:
A RESOLUTION commending Bryan H. Digby on becoming an Eagle Scout; and for other purposes.
SR 1241. By Senators Bulloch of the 11th, Tolleson of the 20th, Hill of the 4th, Starr of the 44th, Goggans of the 7th and others:
A RESOLUTION recognizing and commending Bob Addison and his family for hosting the Wild Hog Supper; and for other purposes.
SR 1242. By Senator Bulloch of the 11th:
A RESOLUTION commending James Christopher Harrell on becoming an Eagle Scout; and for other purposes.
SR 1243. By Senator Chance of the 16th:
A RESOLUTION commending Patrick Ryan Schneider; and for other purposes.
SR 1244. By Senators Johnson of the 1st, Harp of the 29th, Douglas of the 17th, Williams of the 19th, Tolleson of the 20th and others:
A RESOLUTION recognizing and thanking an American hero, General H. Norman Schwarzkopf; and for other purposes.
Senator Stephens of the 27th asked unanimous consent that SR 1244 be immediately transmitted to the House.
The consent was granted, and SR 1244 was immediately transmitted.

2438

JOURNAL OF THE SENATE

Senators Jones of the 10th and Adelman of the 42nd recognized representatives of Southwest DeKalb High School's Advance Placement United States History Program, commended by SR 1050 and SR 1105, adopted previously.
Senator Hill of the 32nd introduced the doctor of the day, Dr. Charles Burton.
Senator Chance of the 16th asked unanimous consent that the following bill be withdrawn from the Senate Agriculture and Consumer Affairs Committee and committed to the Senate Public Safety and Homeland Security Committee:
HB 1497. By Representatives Knight of the 126th, Chambers of the 81st, Burkhalter of the 50th and Benfield of the 85th:
A BILL to be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is supplementary to other laws; to provide for liability for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
The consent was granted, and HB 1497 was committed to the Senate Public Safety and Homeland Security Committee.
Senator Starr of the 44th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.
Senator Stephens of the 27th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.
Senator Powell of the 23rd 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
Wednesday, March 22, 2006 Thirty-fifth Legislative Day

WEDNESDAY, MARCH 22, 2006

2439

(The names listed are the Senators whose districts are affected by the legislation.)

HB 1474

Hudgens of the 47th CITY OF MONROE

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to revise certain provisions relating to quorum requirements; to change and extend the corporate limits of the City of Monroe; to provide for a new Article VI, relating to municipal utilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1570

Douglas of the 17th Hudgens of the 47th ALCOVY JUDICIAL CIRCUIT

A BILL to be entitled an Act to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4219), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4221), so as to provide an increase in the salary supplement for the superior court judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1572

Pearson of the 51st Stephens of the 27th BELL-FORSYTH JUDICIAL CIRCUIT

A BILL to be entitled an Act to provide a salary supplement for each judge of the Superior Court of the Bell-Forsyth Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1574

Pearson of the 51st Stephens of the 27th FORSYTH COUNTY

A BILL to be entitled an Act to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3576), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4272), so as to exempt certain employees

2440 HB 1583 HB 1585
HB 1608

JOURNAL OF THE SENATE
of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system; to repeal conflicting laws; and for other purposes.
Goggans of the 7th COFFEE COUNTY
A BILL to be entitled an Act to provide for the employment of marshals in Coffee County; to provide for the appointment, duties, and term of such marshals; to provide for related matters; to repeal conflicting laws; and for other purposes.
Chapman of the 3rd BRUNSWICK-GLYNN COUNTY JOINT WATER AND SEWER COMMISSION
A BILL to be entitled an Act to create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Hamrick of the 30th Heath of the 31st PAULDING COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4145), so as to change the compensation of the chairperson and members of the commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 22, 2006

2441

HB 1609

Whitehead of the 24th CITY OF WASHINGTON

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

HB 1610

Hudgens of the 47th CITY OF WINDER

A BILL to be entitled an Act to amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, so as to annex certain territory into the City of Winder and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes.

The substitute to the following bill was put upon its adoption:

*HB 1585:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1585:

A BILL TO BE ENTITLED AN ACT

To create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to expressly prohibit the exercise of eminent domain by the commission; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide for a referendum; to provide effective dates; to provide for contingent repeal; 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 "Brunswick-Glynn County Joint Water and Sewer Commission Act."

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SECTION 2. There is hereby created a body corporate and politic, to be known as the BrunswickGlynn County Joint Water and Sewer Commission, which shall be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The commission shall have perpetual existence, and shall be deemed a governmental body within the meaning of the Georgia Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, specifically under subparagraph (2)(C) of Code Section 36-82-61.
SECTION 3. As used in this Act, the following words and terms shall have the following meanings:
(1) 'Commission' shall mean the Brunswick-Glynn County Joint Water and Sewer Commission created by Section 2 of this Act. (2) 'City' shall mean the City of Brunswick. (3) 'County' shall mean Glynn County, Georgia. (4) 'Project' shall mean the acquisition, construction, and equipping of a water system, sewer system, or combined water and sewer system and all property used or useful in connection therewith. (5) 'Revenue bonds' and 'bonds' shall mean revenue bonds, certificates, and other obligations of the commission, as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the commission under this Act and as authorized under said article. (6) 'System' means any water system or sewer system or combined water and sewer system of the commission. (7) 'Unified system' shall mean the combined water and sewer systems of the City of Brunswick and Glynn County.
SECTION 4. (a) The commission shall consist of five members. The governing authorities of the county and the city shall each appoint two of their members to the commission. The initial terms of one of the members appointed by the city and one of the members appointed by the county shall be one year from the date of appointment, and all succeeding terms shall be for a period of two years. The terms of all other members of the commission shall be two years from the date of appointment except that no member appointed to one of these four positions or their successors in office shall serve beyond their term in office as a member of the respective appointing body. There shall be no limit to the number of terms a person may serve as a member of the commission. A majority of the four original commission members shall select and name a fifth member to serve on the commission within 30 days of its first meeting. The fifth member shall be a resident of the county and shall serve a term of two years from the date of appointment. Successors in office to the original fifth member shall be selected in the same manner by a majority of members of the commission then sitting. The commission may declare that

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any member missing three consecutive meetings of the commission has vacated his or her office. The commission may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the commission declares an office vacated, it may request the county or the city, as appropriate, to name a successor to serve the balance of that former members term. Within 30 days of receiving such a request, the governing commission of the county or the city shall appoint a successor. In the case of the fifth member, the four members of the commission that are also members of the governing authorities of the county and the city may name a successor to serve the balance of the members term. Members of the commission shall be officers of the commission when performing the functions of those offices and shall not be deemed to be officers of the city or county. (b) All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage rate as determined by the Internal Revenue Service and adopted by the commission. (c) A quorum of the members of the commission shall be required to transact any business. Three members of the commission shall constitute a quorum. A quorum of the commission must include at least one member who is a member of the governing commission of the city and at least one member who is a member of the governing commission of the county. Meetings of the commission shall be conducted in accordance with Roberts Rules of Order. (d) The commission shall elect a chairperson from its members to serve a one year term. There shall be no limit to the number of terms, consecutive or otherwise, that the chairperson may serve.
SECTION 5. The commission shall contract with an individual to serve as director to manage the unified system as its employee. The director shall not be a member of the commission and shall not be deemed to be an employee of either the county or the city.
SECTION 6. Without limiting the generality of any provisions of this Act, the general purposes of the commission are declared to be those of acquiring, constructing, equipping, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and services available to public and private consumers and users located in the city and the county; and extending and improving such facilities as necessary.
SECTION 7. After holding a public hearing regarding and prior to entering into an operational agreement with the city and county to operate the unified system and subsequently entering into such an agreement, the commission shall have the following powers and duties:

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(1) To have a seal and to alter same at its pleasure; (2) To operate a water and sewer system or systems including a unified water and sewer system utilizing the systems and assets of both the county and the city water and sewer systems and to provide water and sewer services to all citizens and customers in the county and the city and to citizens and customers in either political subdivision. The commission shall operate its system or systems in conformity with all applicable regulations, licenses, and permits and shall be liable to pay any fines or assessments resulting from failure to conform to same; (3) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire real or personal property in its own name by purchase, lease, exchange, gift, or otherwise on such terms and conditions and in such a manner as it may deem proper, necessary, or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the commission, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and reduce the face value of such lien or encumbrance. (5) To appoint, select, and employ such officers, agents, and employees as shall be necessary in the judgment of the commission to accomplish the purposes of the commission, including accountants, auditors, attorneys, consulting engineers, and other professionals; to fix their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees. After the commission enters into an agreement to operate the unified system, existing water and sewer employees of the county and the city and former employees of the county who are employees of the company operating the countys water and sewer system shall be offered employment with the commission. The position offered to such persons and the terms of compensation are entirely within the discretion of the commission; (6) To formulate and adopt an annual operating budget of all its revenues and expenses. On or before May 1 of each year the commission shall submit its proposed budget to the county and the city for their comments before its adoption by the commission; (7) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the commission upon such terms and for such purposes as they deem advisable; (8) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act and to pay the cost of the project in whole or in part from the proceeds of revenue bonds of the

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commission or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any political subdivision, agency, or instrumentality thereof; (9) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; (11) To enter into an operational agreement with the county and the city detailing the power of the commission to operate the unified system and the rights of the county, the city, and the commission during the period of such operation. The term of such agreement shall not exceed 50 years; (12) To be liable for payment of all charges and expenses of operating the unified system and to receive all income from the operation of the unified system, except that the county and the city shall continue to receive income necessary to retire any existing indebtedness of their systems; (13) To prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges, provided that such rates, fees, tolls, or charges shall be calculated to cover only the cost of providing services; to provide capital to expand facilities; to maintain, replace, or expand existing facilities; to provide a reasonable reserve for operations; to fund bond sinking funds; or to fund sinking funds for other debt of the county or the city incurred to provide capital portions of their water or sewer system. The commission shall not operate the unified system at a profit; (14) To accept grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon terms and conditions as the United States of America or such agency or instrumentality may impose; (15) To accept grants of money, materials, or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) To accept grants of money, materials, or property of any kind from the city, the county, or any agency or instrumentality thereof upon terms and conditions as the city, the county, or such agency or instrumentality may impose; (17) To accept grants of money, materials, or property of any kind from any other source, private or public, provided that such grant or gift is not encumbered with any terms or conditions; (18) To insure its interest and the interest of the county and the city or any other entity with which it contracts in all assets leased or utilized by it; and (19) To do all things necessary or convenient to carry out the powers and duties expressly given in this Act.

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SECTION 8. The commission shall not have or exercise any power of eminent domain.
SECTION 9. The commission shall be charged with formulating a proposal for the standardization of county and city ordinances relating to water and sewer services. Such ordinances shall become effective only upon adoption by the governing authorities of the county and the city.
SECTION 10. The commission, or any commission, authority, or other entity or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the commission created in this Act, shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects and to provide by resolution for issuance of revenue bonds for that purpose. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the commission, and may be made redeemable before maturity, at the option of the commission, at such price or prices and under such terms and conditions as may be fixed by the commission in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the commission in the resolution providing for the issuance of all bonds.
SECTION 11. The commission is authorized to provide by resolution for the issuance of refunding bonds of the commission for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon, and to refund any revenue bonds issued by the city, the county, or the commission with respect to any facilities to be acquired by the commission from the city, county, or other political subdivision or authority.
SECTION 12. Any action to protect or enforce any rights under the provisions of this Act or any action against the commission shall be brought in the Superior Court of Glynn County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.
SECTION 13. Bonds of the commission shall be confirmed and validated in accordance with the procedure provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended.

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SECTION 14. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the city and county and not for purposes of private or corporate benefit and income. Such properties and the commission shall be exempt from all taxes of any city, county, the state, or any political subdivision thereof.
SECTION 15. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.
SECTION 16. This Act does not in any way take from the county or the city the authority to own, operate, and maintain water, sanitary sewerage, and water pollution control facilities or to issue revenue bonds as provided by Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; but the powers granted by this Act to the commission shall be in addition to and cumulative of all other powers now or hereafter given to any municipal corporation or political subdivision of this state.
SECTION 17. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendents of the City of Brunswick and Glynn County shall call and conduct elections as provided in this section for the purpose of submitting this Act to the electors of the City of Brunswick and to the electors of all that portion of Glynn County outside of the City of Brunswick for approval or rejection. The election superintendents shall conduct such elections on the date of the state-wide general primary in 2006 and shall issue the call and conduct those elections as provided by general law. The election superintendent of Glynn County shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which creates the Brunswick-Glynn County ( ) NO Joint Water and Sewer Commission?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question by the voters of the City of Brunswick and more than onehalf of the votes cast on such question by the voters of all that portion of Glynn County outside of the City of Brunswick are for approval of the Act, then Sections 1 through 15 of this Act shall become of full force and effect immediately. If the Act is not so approved by the voters of the City of Brunswick and the voters of all that portion of Glynn County outside the City of Brunswick or if the election is not conducted as provided in this section, Sections 1 through 15 of this Act shall not become effective and

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this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Brunswick and Glynn County. It shall be the election superintendents duties to certify the result thereof to the Secretary of State.
SECTION 18. Except as otherwise provided in Section 17 of this Act, this Act shall be come effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 19. If this Act becomes effective under Section 16 of this Act, this Act shall stand repealed one year after the date on which this Act becomes so effective unless an operational agreement between the City of Brunswick and Glynn County has been entered into under Section 7 of this Act prior to such latter date.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch E Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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2449

Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Williams
Y Zamarripa

On the passage of the local bills, the yeas were 49, nays 0.

The bills on the Local Consent Calendar, except HB 1585 having received the requisite constitutional majority, were passed.

HB 1585, having received the requisite constitutional majority, was passed by substitute.

Senators Jones of the 10th and Miles of the 43rd recognized members of the Southwest DeKalb Marching Band, commended by SR 946, adopted previously.

SENATE RULES CALENDAR WEDNESDAY, MARCH 22, 2006 THIRTY-FIFTH LEGISLATIVE DAY

HR 1395 Wiley T. Nixon Capitol Post Office; name (SI&P-52nd) Loudermilk-14th

HB 692 Probation; terms and conditions; amend (JUDY-7th) Black-174th

HB 972

Teacher certification renewal; require test in basic computer skill competency (ED&Y-13th) Casas-103rd

HB 1012 General obligation bonds; requirements; provisions (Substitute)(FIN-16th) Millar-79th

HB 1018 Sales and use tax; biomass material; certain exemptions; provide (FIN-49th) Lewis-15th

HB 1217 Disabled persons; parking permits; provide (PS&HS-20th) Murphy-23rd

HB 1253 Drivers' licenses; certain provisions; clarify (Substitute)(PS&HS-46th) Rice-51st

HB 1120 Dealers' sales and use tax; estimated liability; change provisions (FIN-49th) Scott-2nd

HB 363

Motor vehicles; state vehicles; license plates; requirements (PS&HS-20th) Murphy-23rd

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HB 1075 Bond; used motor vehicle dealers; increase amount (RI&Util-25th) Parham-141st

HB 718

Pretrial intervention and diversion programs; authorize certain courts to administer (Substitute)(JUDY-32nd) Lindsey-54th

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

Senator Cagle of the 49th moved to engross HB 1018, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick E Harbison Y Harp
Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 34, nays 19, the motion prevailed; and HB 1018 was engrossed.

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2451

Senator Carter of the 13th asked unanimous consent that Senator Heath of the 31st be excused. The consent was granted, and Senator Heath was excused.

Senator Cagle of the 49th moved to engross HB 1120, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick E Harbison Y Harp E Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen
Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate
Thomas,D N Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 33, nays 17, the motion prevailed; and HB 1120 was engrossed.

The following legislation was read the third time and put upon its passage:

HR 1395. By Representatives Loudermilk of the 14th, Richardson of the 19th, Keen of the 179th, Porter of the 143rd, Hugley of the 133rd and others:

A RESOLUTION honoring the memory of Wiley T. Nixon and naming the Wiley T. Nixon Capitol Post Office in his honor; and for other purposes.

Senate Sponsor: Senator Smith of the 52nd.

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The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y 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 Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 50, nays 0.

HR 1395, having received the requisite constitutional majority, was adopted.

Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.

Senator Carter of the 13th asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused.

HB 692. By Representatives Black of the 174th, Hatfield of the 177th, Greene of the 149th, Sims of the 169th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation

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2453

system, so as to change certain provisions relating to terms and conditions of probation; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Goggans of the 7th.
Senators Smith of the 52nd and Goggans of the 7th offered the following amendment:
Amend HB 692 by striking all matter on line 3 on page 1 and inserting in place thereof the following:
terms and conditions of probation; to change the repeal date of the "Probation Management Act of 2004"; to provide an effective date; to provide for applicability;
By adding a new section between lines 17 and 18 on page 2 to read as follows:
SECTION 2.
Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, is amended by striking Code Section 42-8-160, relating to the repealer, and inserting in lieu thereof the following:
"42-8-160. This article shall be repealed in its entirety on July 1, 2006 June 30, 2008."
By striking all matter on lines 18 through 21 on page 2 and inserting in place thereof the following:
SECTION 3.
(a) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to terms and conditions of probation imposed on or after such date. (b) Section 2 of this Act shall become effective on June 15, 2006.
By striking "3" on line 22 on page 2 and inserting "4" in place thereof.
On the adoption of the amendment, the yeas were 37, nays 0, and the Smith, Goggans amendment was adopted.
Senators Goggans of the 7th and Smith of the 52nd offered the following substitute to HB 692:
A BILL TO BE ENTITLED AN ACT

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To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to establish the Georgia Methamphetamine Offender Registry for the registration of persons convicted of certain offenses relating to methamphetamine; to provide a statement of purpose; to provide for definitions; to change certain provisions relating to terms and conditions of probation; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section to read as follows:
42-1-14. (a) The purpose of this Code section is to reduce and prevent the operation of clandestine methamphetamine laboratories and the contamination of private property by such laboratories, especially in residential areas. The General Assembly recognizes that such laboratories pose a significant threat to the citizens of this state due to the lethal environmental hazard posed by the unregulated and illegal use of harmful chemicals involved in the unlawful production of methamphetamine. This Code section is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. (b) As used in this Code section, the term:
(1) 'Appropriate official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; (C) With respect to an offender who is placed on parole, the chairman of the State Board of Pardons and Paroles or his or her designee; and (D) With respect to an offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee.
(2) 'Bureau' means the Georgia Bureau of Investigation. (3) 'Conviction' means a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section upon the defendants discharge. (4) 'Registry' means the Georgia Methamphetamine Offender Registry maintained

WEDNESDAY, MARCH 22, 2006

2455

and administered by the bureau. (c)(1) There is created under the authority and direction of the bureau the Georgia Methamphetamine Offender Registry for the registration of persons convicted of Code Section 16-13-31 where the conviction relates to the delivery, manufacture, sale, or trafficking of methamphetamine. (2) The registry shall be maintained by the bureau and made available for public inquiry and review on the Internet. (3) The registry entry for each person shall include: the persons name, including any known aliases; the persons date of birth; any offense or offenses listed in paragraph (1) of this subsection for which the person has been convicted; the date and county of each such conviction; the address listed on the persons current drivers license, if any; a photograph taken at the time of arrest or release from incarceration; and, any other identifying data as determined by the bureau for the proper identification of the person but shall not include the persons social security or drivers license numbers. (4) Any person convicted of an offense listed in paragraph (1) of this subsection on or after July 1, 2006, and any person so convicted before July 1, 2006, who is released from prison or placed on parole, supervised release, or probation on or after July 1, 2006, shall be listed as an offender on the registry. (5) For each offender required to register under this subsection, the appropriate official shall forward to the bureau a copy of the judgment of conviction and information relevant to the conviction which shall include the date of birth and any further information relevant to the conviction as determined by the bureau. Where an offender has more than one offense requiring registration, a copy of the conviction and other relevant information shall be sent for each such offense. The judgment of conviction and other information related thereto shall be provided to the bureau within 30 days of the date of conviction or, in the event the offender is incarcerated, within 30 days from the release from incarceration. (6) The bureau shall remove from the registry the name and other identifying information of persons who are registered seven years following the entry of conviction or, in the event the offender is incarcerated, seven years following the release from incarceration.
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following:
(a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit the probationer at the probationers home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible;

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(6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within the state:
(A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or (B) In which any service or program in which the probationer must participate as a condition of probation is not available; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationers offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationers offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support the probationers legal dependents to the best of the probationers ability; (11) Violate no local, state, or federal laws and be of general good behavior; (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state; and (13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department.
SECTION 3. (a) Section 2, this section, and Section 4 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval and shall apply to terms and conditions of probation imposed on or after such date. (b) Section 1 of this Act shall become effective on July 1, 2006.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Goggans of the 7th asked unanimous consent that his substitute be withdrawn. The consent was granted, and the substitute was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

WEDNESDAY, MARCH 22, 2006

2457

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 E 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 E Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 692, having received the requisite constitutional majority, was passed as amended.

Senator Grant of the 25th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.

HB 972. By Representatives Casas of the 103rd, Everson of the 106th, Cox of the 102nd, Maxwell of the 17th and Forster of the 3rd:

A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide that the Professional Standards Commission shall not require a course in computer skill competency for certification renewal but shall require a test in basic computer skill competency; to provide for certificated personnel to have the opportunity to take a basic computer skill competency test onsite at his or her assigned school; to provide for onsite proctors for the basic computer skill competency test; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Carter of the 13th.

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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 E Hamrick Y Harbison E 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 E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 972, having received the requisite constitutional majority, was passed.

HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th:
A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Chance of the 16th.

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2459

The Senate Finance Committee offered the following substitute to HB 1012:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to change certain provisions regarding the contents of certain bond reports; to provide for additional performance audit requirements with respect to general obligation bonds and revenue bonds; to provide for a definition; to provide for power, duties, and authority of the inspector general; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended in Code Section 36-82-10, relating to reporting requirements regarding bonds, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
(b) A political subdivision which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision in an amount exceeding $1 million, shall file a report with the Department of Community Affairs which contains the following:
(1) Name of issuer; (2) Whether the issue is a new issue or a refinancing or refunding; (3) Total amount issued; (4) Term of issue; (5) Detailed description of purpose or purposes; (5.1) Whether the issue is a general obligation bond, revenue bond, or other bond, note, certificate of participation, or other obligation; (6) Name of underwriter; (7) Underwriting costs Proceeds used for bond issuance costs, including underwriters discount as reported on Line 24 of the United States Department of Treasurys Internal Revenue Service Form 8038-G; (8) Name of bond counsel; (9) Interest rate; and (10) True or net interest costs. Such information shall be reported to the Department of Community Affairs in accordance with Code Section 36-81-8.
SECTION 2. Said chapter is further amended by striking the Reserved designation of Article 4 and inserting in its place a new Article 4 to read as follows:

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ARTICLE 4
36-82-100. (a) As used in this Code section, the term 'bonds' means any revenue or general obligation bonds issued under this chapter. (b) When bonds are issued by a county, municipality, or local authority in the amount of $5 million or more, the expenditure of bond proceeds shall be subject to an ongoing performance audit or performance review as provided in this Code section; but this Code section shall not apply if such bond issue is below $5 million. (c) Each county, municipality, or local authority expending bond proceeds shall provide for a continuing performance audit or performance review of the expenditure of such funds. The county, municipality, or local authority shall contract with a certified public accountant or with an outside auditor, consultant, or other provider accredited or certified in the field of performance audits or performance reviews. Such accountant, auditor, consultant, or other provider shall only be qualified to perform the audit and review functions under this Code section if such accountant, auditor, consultant, or other provider has significant experience and competence in conducting comprehensive audits and reviews in conformance with generally accepted government auditing standards. The performance audit or performance review contract shall:
(1) Include a goal of ensuring to the maximum extent possible that the bond funds are expended efficiently and economically, so as to secure to the county, municipality, or local authority the maximum possible benefit from the bond funds; (2) Provide for the issuance of periodic public reports, made accessible through electronic or printed format, or both, at a location advertised in the legal organ not less often than once annually, with respect to the extent to which expenditures are meeting the goal specified in paragraph (1) of this subsection; and (3) Provide for the issuance of periodic public recommendations, made accessible through electronic or printed format, or both, at a location advertised in the legal organ not less often than once annually, for improvements in meeting the goal specified in paragraph (1) of this subsection. (d) The auditor, consultant, or other provider to carry out the performance audit or performance review shall be selected through a public request for proposals process. The reasonable cost of the performance audit or performance review shall be paid from the proceeds of the bonds unless a specific waiver of public accountability is included in a legal advertisement in bold print which expressly states that no performance audit or performance review shall be conducted with respect to such bond issue. (e) On and after the effective date of this Code section, the expenditure of bond proceeds shall be under the jurisdiction of and subject to review by the inspector general of this state with respect to any claim of fraud, waste, abuse, or mismanagement of funds. (f) This Code section shall apply with respect to any bonds which are subject to the requirements of subsection (b) of this Code section which are issued after the effective date of this Code section until the proceeds of such bond issue have been expended.

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SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Chance of the 16th offered the following amendment:

Amend the Senate Finance Committee substitute to HB 1012 (LC 18 5541S) by inserting between "print" and "which" on line 9 of page 3 the following:
contained within requisite public notice soliciting public preapproval of the applicable bond issue

On the adoption of the amendment, the yeas were 32, nays 0, and the Chance amendment was adopted.

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 Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison E Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 52, nays 0.
HB 1012, having received the requisite constitutional majority, was passed by substitute.
Senator Chance of the 16th asked unanimous consent that HB 1012 be immediately transmitted to the House.
The consent was granted, and HB 1012 was immediately transmitted.
The following bill was taken up to consider House action thereto:
HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Senator Johnson of the 1st asked unanimous consent that the Senate insist on its amendment to HB 81.
The consent was granted, and the Senate insisted on its amendment to HB 81.
The following bill was taken up to consider House action thereto:
HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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2463

Senator Seabaugh of the 28th asked unanimous consent that the Senate insist on its amendment to HB 1032.
The consent was granted, and the Senate insisted on its amendment to HB 1032.
The following bill was taken up to consider House action thereto:
HB 173. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Senator Seabaugh of the 28th asked unanimous consent that the Senate insist on its substitute to HB 173.
The consent was granted, and the Senate insisted on its substitute to HB 173.
The following bill was taken up to consider House action thereto:
HB 912. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain provisions relating to applicability to nonparties; to provide that silence may act as a waiver under certain circumstances; to change certain provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Smith of the 52nd asked unanimous consent that the Senate insist on its substitute to HB 912.
The consent was granted, and the Senate insisted on its substitute to HB 912.
Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.
The Calendar was resumed.

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HB 1018. By Representatives Lewis of the 15th, O`Neal of the 146th, Greene of the 149th, Royal of the 171st, Hanner of the 148th 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 sales and use tax, so as to provide for an exemption regarding the sale or use of biomass material utilized in the production of electrical power or the coproduction or cogeneration of electrical and steam power which is subsequently sold; to provide an effective date; 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
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

February 2, 2006

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 1018 (LC 18 4936)

Dear Chairman O'Neal:

This bill would exempt from the state sales tax biomass materials (pellets or other fuels derived from compressed, chipped or shredded biomass material) used in the production of energy which is subsequently sold. The bill would be effective on July 1, 2006.

The Georgia State University Fiscal Research Center provided the following analysis of the revenue impact of this bill:

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2465

Since the exemption is only for biomass used in the production of energy for resale, it is assumed that the exemption would apply primarily to the electric power sector. It is assumed that the exemption does not apply to biomass materials that give off methane gas that is used to generate electricity.

The Energy Information Administration publishes fuel expenditures by sector by fuel source for each state. From 1994 to 2001, Georgia's expenditures on biomass fuels used in power production intended for resale ranged from $100,000 to $800,000 and averaged $160,000 over the period. A state sales tax exemption is expected to result in a revenue loss of between $4,000 and $32,000.

Respectfully,

Russell W. Hinton State Auditor

Shelley C. Nickel, 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 E 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 E Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 53, nays 1.

HB 1018, having received the requisite constitutional majority, was passed.

Senator Hudgens of the 47th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans 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 Pearson of the 51st asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.

HB 1217. By Representatives Murphy of the 23rd, Rice of the 51st, Talton of the 145th, Maxwell of the 17th and Dollar of the 45th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for parking permits for disabled persons; to provide for specifications for such parking permits; to require that the person with the disability be the operator of or a passenger in the vehicle when such permit is being used; to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to designate certain Code sections as reserved; to update cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Tolleson of the 20th.

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 Y Johnson Y Jones Y Kemp
Me V Bremen

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate E Thomas,D

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2467

Y Chapman Y Douglas Y Fort E Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 1217, having received the requisite constitutional majority, was passed.

HB 1253. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for reinstatement of a minors license upon proof of graduation from high school; to provide that social security numbers shall not be used on drivers licenses; to provide for a suspension for violation of restrictions on a drivers license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a drivers license; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a drivers license suspension; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide for related matters; to repeal conflicting laws; to provide for an effective date; 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 1253:
A BILL TO BE ENTITLED AN ACT

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for sharing of information with courts and other

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agencies regarding license information; reinstatement of a minors license upon proof of graduation from high school; to provide that social security numbers shall not be used on drivers licenses; to provide for a suspension for violation of restrictions on a drivers license; to require implementation of electronic transmission of uniform traffic citations to the Department of Driver Services; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a drivers license; to provide that each violation of a provision that leads to a license suspension is treated as a separate transaction; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a drivers license suspension; to provide a penalty for driving a vehicle in violation of an out of service order; to provide that applicants for commercial drivers licenses must take the Highway Watch safety and security program; to allow for issuance of nonresident commercial drivers licenses; to clarify the requirements for commercial drivers licenses with a hazardous materials endorsement; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide that a speeding conviction must specify the amount by which the speed limit was exceeded; to provide for related matters; to repeal conflicting laws; to provide for an effective date; 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 by striking subparagraph (c)(1)(D) of Code Section 40-5-2, relating to maintaining records of applicants for drivers licenses, in its entirety and inserting in its place the following:
(D) To a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the drivers licensing agency of another state; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the drivers licensing agency of another state shall be limited to name, address, driver identification number, and medical or disability information;
SECTION 2. Said chapter is further amended by striking the undesignated text following division (a.1)(2)(C)(v) of Code Section 40-5-22, relating to minimum age for licensees, school attendance requirements, and driving training requirements, in its entirety and inserting in its place the following:
Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the

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2469

minor to return immediately the instruction permit or drivers license to the department and information summarizing the minors right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minors eighteenth birthday or upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first.
SECTION 3. Said chapter is further amended by striking Code Section 40-5-28.1, relating to use of social security numbers on drivers licenses, in its entirety and inserting in its place the following:
40-5-28.1. No license or permit issued or renewed on or after July 1, 1997 January 1, 2007, pursuant to this article shall contain the social security number of the licensee or permit holder unless such person specifically requests the use of such number.
SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 40-5-30, relating to restricted drivers licenses, in its entirety and inserting in its place the following:
(c) The department, upon receiving satisfactory evidence of any violation of the restrictions of such license, may revoke suspend the license, but the licensee shall be entitled to a hearing as upon a revocation under subsection (c) of Code Section 40-5-59 for a period of six months. No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her.

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SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 40-5-53, relating to when courts have to send drivers licenses and reports of convictions to the department, and inserting a new subsection (b) 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 shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method 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 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 6. Said chapter is further amended by striking Code Section 40-5-56, relating to drivers license suspensions for failure to respond to a citation and appear before a court of competent jurisdiction, in its entirety and inserting in its place the following:
40-5-56. (a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the drivers license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction of in this state or of in any other state for a traffic violation other than a parking violation. The department shall forthwith notify such person that his license is to be suspended subject to review as provided for in this chapter. (b) The person so notified may request a hearing within ten days from the date of receipt of notice sent by registered mail or statutory overnight delivery. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (c) The suspension provided for in this Code section shall be for an indefinite period

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2471

until such person shall respond and pay any fines and penalties imposed. Such persons license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail to the department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter.
SECTION 7. Said chapter is further amended by striking subparagraph (e)(1)(A) of Code Section 40-558, relating to habitual violators and probationary licenses, in its entirety and inserting in its place the following:
(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary drivers license;
SECTION 8. Said chapter is further amended by enacting a new subsection (d) in Code Section 40-559, relating to reexamination of drivers believed to be incompetent or unqualified, to read as follows:
(d) The reports required by this Code section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this state. No civil or criminal action may be brought against any person or agency for providing the information to the department for the purposes of this Code section. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Code Section 40-5-2.
SECTION 9. Said chapter is further amended by striking the introductory language of subsection (a) and subsection (d) of Code Section 40-5-63, relating to drivers license suspensions for certain offenses, in their entirety and inserting in their place, respectively, the following:
(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; and further provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident:
(d)(1) 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

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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. (2) For purposes of this subsection chapter, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle any violation of Code Section 40-6-393 or 40-6-394 shall constitute a conviction.
SECTION 10. Said chapter is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, in its entirety and inserting in its place the following:
(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the drivers eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicants drivers license issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-563 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her drivers license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicants execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her drivers license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit.
SECTION 11. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 40-5-75, relating to suspension of drivers licenses by operation of law, in its entirety and inserting in its place the following:
(a) The drivers license of any person convicted of any violation of the Georgia Controlled Substances Act, including, but not limited to, possession, distribution,

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2473

manufacture, cultivation, sale, transfer of, trafficking in, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer or traffic in a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
SECTION 12. Said chapter is further amended by striking subsection (b) of Code Section 40-5-121, relating to driving while license is suspended or revoked, in its entirety and inserting in its place the following:
(b)(1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-556 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the uniform citation. If the suspension or disqualification is verified and the driver possesses a drivers license, the license shall be confiscated and mailed to the department. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the drivers license, if available, to the copy of service and send it to the department. (2) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) of Code Section 40-5-75, shall extend the period of suspension or disqualification for six months. The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section.
SECTION 13. Said chapter is further amended by striking subparagraph (C) of paragraph (7) and the undesignated text following said subparagraph (C) and paragraphs (9) and (22) of Code Section 40-5-142, relating to definitions relevant to commercial drivers licenses, in their entirety and inserting in their respective places the following:
(C) If the vehicle is transporting hazardous materials as designated under 49 U.S.C. Section 5103 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 or is transporting any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part 73; provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel commercial vehicle operated by

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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, including operation by employees or family members; 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 motor common or contract carrier. Any other waiver by the Federal Highway Administration Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, and 384 of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services 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.
SECTION 14. Said chapter is further amended by striking subsection (b) of Code Section 40-5-146, relating to operation of a commercial motor vehicle without valid license or driving privilege, in its entirety and inserting in its place the following:

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(b)(1) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, or while subject to a disqualification, . (2) No person may drive a commercial motor vehicle or in violation of an out of service order.
SECTION 15. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-147, relating to the requirements for issuing a commercial driver's license or instruction permit, in its entirety and inserting in its place the following:
(a)(1) Except as provided in Code Section 40-5-148, no person may be issued a commercial drivers license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department in English only.
SECTION 16. Said chapter is further amended by adding a new Code section to read as follows:
40-5-148.2. If an individual is a resident of another state while that other state is prohibited from issuing commercial drivers licenses pursuant to 49 C.F.R. Section 384.405, that individual is eligible to obtain a nonresident commercial drivers license. The 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 within 90 days of being notified that a state will be prohibited from issuing commercial drivers licenses.
SECTION 17. Said chapter is further amended by adding a new subsection (i) to Code Section 40-5150, relating to contents, classifications, endorsements, and restrictions on commercial drivers licenses, to read as follows:
(i)(1) Before issuing, renewing, upgrading, or transferring a commercial drivers license with a hazardous materials endorsement, the department shall obtain a Transportation Security Administration determination that the individual does not pose a security risk warranting denial of the endorsement. The department shall promulgate rules and regulations as necessary to implement this subsection. (2) If, after issuing a commercial drivers license bearing a hazardous materials endorsement, the department receives notification that the Transportation Security Administration has determined that the holder thereof poses a security risk, it shall cancel the commercial drivers license. The department may issue a new commercial

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drivers license without a hazardous materials endorsement to said licensee upon surrender of the license bearing the cancelled endorsement. (3) If a person to whom the department previously issued a commercial drivers license with a hazardous materials endorsement has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment before the expiration date of said commercial drivers license, the department may renew the commercial drivers license for a period of 90 days if the licensee wishes to retain the hazardous materials endorsement. Notwithstanding the foregoing, the persons commercial drivers license may be renewed for the full renewal period if the licensee wishes to drop the hazardous materials endorsement. (4) If a person to whom another state previously issued a commercial drivers license with a hazardous materials endorsement applies prior to the expiration thereof to transfer said license, the department may issue a temporary commercial drivers license with a hazardous materials endorsement valid for a period of 90 days upon the persons successful completion of all other statutory requirements. It shall be a prerequisite to the issuance of such a temporary license that the person has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment prior to the expiration date of the persons commercial drivers license issued by the previous state.
SECTION 18. Said chapter is further amended by striking subsection (h) of Code Section 40-5-150, relating to the contents of a commercial driver's license, in its entirety 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, and provide evidence the applicant has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.
SECTION 19. Said chapter is further amended by striking subsections (b), (c), and (g) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, in their entirety and inserting in lieu thereof new subsections (b), (c), and (g) and by adding new subsection (i) and (j) to read as follows:
(b) Any person is disqualified from driving a commercial motor vehicle for a period of

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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, paragraph (1) of subsection (b) of Code Section 40-5-146, 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.
(g)(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) 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. (3) 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 commercial motor vehicles designed to transport more than 15 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 out-of-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 commercial motor vehicles designed to transport more than 15 passengers, including the driver. (4) In addition to any other penalty imposed pursuant to this article, any driver who is

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convicted of a railroad grade crossing violation in a commercial vehicle shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00. (i) 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. (j)(1) Any person is disqualified from driving a commercial vehicle for a period of not less than 30 days if the department receives notification from the Federal Motor Carrier Safety Administration that the person poses an imminent hazard. (2) If the Federal Motor Carrier Safety Administration notifies the department that a persons driving constitutes an imminent hazard and imposes a disqualification greater than 30 days, the person shall be disqualified from driving a commercial vehicle for the period designated by the Federal Motor Carrier Safety Administration, not to exceed one year.
SECTION 20. Said chapter is further amended by striking subsections (c) and (d) of Code Section 40-5159, relating to penalties for driving a commercial motor vehicle while in violation of the law, in its entirety and inserting in its place the following:
(c)(1) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The department shall suspend the commercial drivers license or commercial driving privilege of such any driver convicted of violating subsection (a) or paragraph (1) of subsection (b) of Code Section 40-5-146 for a period of six months. (2) The department shall suspend the commercial drivers license or commercial driving privilege of any person who is convicted of violating Code Section 40-5-29 in a commercial vehicle for a period of six months. (d) Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $10,000.00 $11,000.00.
SECTION 21. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking subsection (c) of Code Section 40-6-186, relating to racing on highways or streets, and inserting in its place the following:
(c) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor. In addition to the punishment prescribed by law, the Department of Public Safety shall suspend for 12 months the license of any person convicted of such violation.

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SECTION 22. Said chapter is further amended by striking Code Section 40-6-187, relating to charging speeding violations, in its entirety and inserting in its place the following:
40-6-187. (a) In every charge of violation of any speed regulation in this chapter, the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and also the maximum speed applicable within the district or at the location. (b) For the purpose of imposing points pursuant to Code Section 40-5-57, every sentence for a violation of any speed regulation in this chapter shall state the specific amount by which the person convicted exceeded the speed limit.
SECTION 23. This Act shall become effective on July 1, 2006.
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort E Goggans
Golden Y Grant Y Hamrick Y Harbison

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp
Me V Bremen Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton
Stephens Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

E Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

HB 1253, having received the requisite constitutional majority, was passed by substitute.

Senator Williams of the 19th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

HB 1120. By Representatives Scott of the 2nd, Knight of the 126th, Graves of the 12th, Fludd of the 66th, Neal of the 1st and others:

A BILL to be entitled an Act to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, so as to change certain provisions regarding estimated tax liability; 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
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

February 15, 2006

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 1120 Substitute (LC 18 5095S)

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Dear Chairman O'Neal:
This bill would raise the threshold at which a dealer is required to pay estimated taxes from $2,500 to $5,000. Currently, if a dealer's estimated sales tax liability for any taxable period exceeds $2,500, the dealer is required to file a return and remit to the state revenue commissioner not less than 50% of estimated liability for that period on or before the twentieth day of the period.
The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill:
This legislation would have a one time impact on state sales tax revenue as the new legislation went into effect. Currently, dealers pre-pay part of their monthly sales tax obligations per the estimated sales tax requirement. For example, a dealer will make an estimated payment in November against the dealer's sales tax obligations due with its December tax return. The state recognizes as revenue the estimated payment at the time it is received in November. The dealer then receives a credit against its payments due in December equal to its pre-paid amount but at the same time pays the pre-paid amount for its January obligations.
If this legislation were effective, there would be one monthly cycle in which certain dealers would receive the credit for the estimated payment from the prior month but would no longer pay the estimated payment amount for the current month. Thus, state sales tax revenue would decrease by the aggregate amount of the estimated payments that these dealers had paid under current rules. The dealers that would be affected by this change are those with an estimated tax liability greater than $2,500 but less than or equal to $5,000.
The Department of Revenue estimates that estimated payments by these dealers total about $7 to $8 million per month. Therefore, state sales tax revenue would experience a one time loss of $7 to $8 million. This would occur in the month in which the legislation took effect. Thereafter, the change would not impact state sales tax revenue.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Shelley C. Nickel, 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
Butler Y 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

E 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 E Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton
Stephens Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 1120, having received the requisite constitutional majority, was passed.

HB 363. By Representatives Murphy of the 23rd, Rice of the 51st and Powell of the 29th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replating of 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 provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Tolleson of the 20th.

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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
Brown Y Bulloch
Butler Y 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

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones
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
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 363, having received the requisite constitutional majority, was passed.

HB 1075. By Representative Parham of the 141st:

A BILL to be entitled an Act to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, so as to increase the amount of the bond for used motor vehicle dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Grant of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
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
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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1075, having received the requisite constitutional majority, was passed.

HB 718. By Representative Lindsey of the 54th:

A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hill of the 32nd.

The Senate Judiciary Committee offered the following substitute to HB 718:

A BILL TO BE ENTITLED AN ACT

To amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to

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create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, is amended by striking subsections (a), (f), and (g) of Code Section 15-18-80, relating to policy and procedure, and inserting in their respective places the following:
(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts. (f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 for the administration of the program. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed political subdivision in which the case is being prosecuted. (g) The prosecuting attorney shall be further authorized to collect restitution on behalf of victims. Any restitution collected under this subsection shall be made payable to and disbursed by the clerk of the court in the county in which the case would be prosecuted.
SECTION 2. Said article is further amended by striking Code Section 15-18-81, relating to court costs, and inserting in lieu thereof the following:
15-18-81. The prosecuting attorney may assess court costs against the defendant for the dismissal of criminal warrants when the affiant is not a peace officer. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed political subdivision in which the case is being prosecuted.
SECTION 3. Said article is further amended by adding a new Code section to the end of the article to read as follows:
15-18-82. As used in this article, the term 'prosecuting attorney' means the individual responsible for prosecuting cases in superior courts, state courts, probate courts, magistrate courts,

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municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis
Pearson 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 718, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

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2487

Mr. President:
The House has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 1244. By Senators Johnson of the 1st, Harp of the 29th, Douglas of the 17th, Williams of the 19th, Tolleson of the 20th and others:
A RESOLUTION recognizing and thanking an American hero, General H. Norman Schwarzkopf; and for other purposes.
Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Thursday, March 23, 2006.
The motion prevailed, and the President announced the Senate adjourned at 12:33 p.m.

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Senate Chamber, Atlanta, Georgia Thursday, March 23, 2006
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 Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:

HB 1099. By Representatives Martin of the 47th and Jones of the 46th:
A BILL to be entitled an Act to authorize the City of Alpharetta 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 related matters; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 1627. By Representatives Rynders of the 152nd and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act to create the Lee County Parks and Recreation Authority, approved May 17, 2004 (Ga. L. 2004, p. 3788), so as to provide terms for members; to provide for the removal of office for cause; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 23, 2006

2489

HB 1629. By Representatives Rynders of the 152nd and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3697), so as to provide for terms for authority members; to provide for removal from office of authority members under certain circumstances; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
HB 1630. By Representatives Rynders of the 152nd and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to provide for the establishment of terms of offices for members of local authorities; to provide for the removal of members of such authorities for cause; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1632. By Representatives Coleman of the 144th and Roberts of the 154th:
A BILL to be entitled an Act to create the Historic Milan Railroad Depot Museum Authority; to provide a short title; to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the collection of the revenues, tolls, fees, charges, earnings, and contract payments of the authority; to fix and provide for the venue and jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1633. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the 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.

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HB 1634. By Representatives Lane of the 158th and Stephens of the 164th:

A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county; 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 House has passed by the requisite constitutional majority the following Bills of the Senate:

SB 208.

By Senators Meyer von Bremen of the 12th, Stephens of the 27th, Thomas of the 54th, Hooks of the 14th and Carter of the 13th:

A BILL to be entitled an Act to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to create a statewide central registry for traumatic brain and spinal cord injuries; to change certain definitions; to require that certain information relating to brain or spinal cord injured persons be reported to the Brain and Spinal Injury Trust Fund Commission; to provide for certain duties of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 398. By Senator Harp of the 29th:

A BILL to be entitled an Act to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to change certain provisions relating to the courts instructions; to revise procedures related to psychiatric evaluations of defendants; to provide for a timeframe for forwarding the examination report to the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 445.

By Senators Mullis of the 53rd, Tolleson of the 20th, Rogers of the 21st, Bulloch of the 11th, Schaefer of the 50th and others:

A BILL to be entitled an Act to amend an Act creating the Civil War Commission, approved April 28, 1993 (Ga. L. 1993, p. 1952), so as to make certain editorial changes; to change the administrative assignment of

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the commission and the facilitating state department from the Department of Natural Resources to the Department of Economic Development; to codify certain provisions of said Act, as amended, in Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development; to repeal conflicting laws; and for other purposes.

SB 506. SB 658.

By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and HOPE grants, so as to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants for eligible public postsecondary institutions created after January 1, 2004; to repeal conflicting laws; and for other purposes.
By Senator Carter of the 13th:
A BILL to be entitled an Act to amend an Act providing for the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5262), and an Act approved February 16, 1994 (Ga. L. 1994, p. 3538), so as to provide for the continuation in office of the current members; to provide for the election of a chairperson; to provide for related matters; to provide for a submission pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; 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 95.

By Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of the 47th and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for administration; to provide for certain records; to provide for filing and service of documents; to provide for applications; to

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provide for eligibility; to provide for licensing; to provide for refusal and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of violations; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 238. By Senators Hill of the 32nd and Smith of the 52nd:

A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.

SB 244.

By Senators Hudgens of the 47th, Kemp of the 46th, Douglas of the 17th and Grant of the 25th:

A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

SB 581.

By Senators Mullis of the 53rd, Tolleson of the 20th, Carter of the 13th, Thomas of the 54th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public Safety Training Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The House has agreed to the Senate substitutes to the following Bills of the House:

HB 425.

By Representatives Harbin of the 118th, Knox of the 24th and Watson of the 91st:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 733.

By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th:

A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1003. By Representatives Talton of the 145th, O`Neal of the 146th, Floyd of the 147th and Ray of the 136th:

A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for the filling of vacancies; to provide for the submission of this Act to the United States Department of Justice; to repeal conflicting laws; and for other purposes.

HB 1066. By Representatives Manning of the 32nd, Ehrhart of the 36th, O`Neal of the 146th, Cooper of the 41st, Brown of the 69th and others:

A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions

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relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1298. By Representative Hanner of the 148th:

A BILL to be entitled an Act to create and establish the Preston-WestonWebster 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 Preston, the City of Weston, and the County of Webster; 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.

HB 1351. By Representatives Dickson of the 6th and Meadows of the 5th:

A BILL to be entitled an Act to provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; 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 following communications were received by the Secretary:

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

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MEMORANDUM

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Member for the Senate Appropriations Committee

The Committee on Assignments has appointed the following ex-officio member to the Senate Appropriations Committee to serve March 23rd, 2006. The Senator appointed to serve as ex-officio member is:

Bill Heath of the 31st

The appointment is for this date only and this Senator should not be considered to be a member of the committee beyond this date.

Please contact us if you have further questions.

/s/ Eric Johnson
Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

MEMORANDUM

The State Senate Atlanta, Georgia 30334

TO:

Mr. Bob Ewing

Secretary of the Senate

FROM: Senate Committee on Assignments

Subject: Ex-Officio Members for the Senate Ethics Committee

The Committee on Assignments has appointed the following ex-officio members to the Senate Ethics Committee to serve March 23rd, 2006. The Senators appointed to serve as ex-officio member are:

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John Douglas of the 17th Tommie Williams of the 19th Chip Pearson of the 51st
The appointments are for this date only and these Senators should not be considered to be members of the committee beyond this date.
Please contact us if you have further questions.
Eric Johnson /s/ Tommie Williams
The following Senate legislation was introduced, read the first time and referred to committee:
SB 681. By Senators Staton of the 18th and Chance of the 16th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Monroe 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.
SR 1256. By Senators Cagle of the 49th, Shafer of the 48th, Pearson of the 51st, Schaefer of the 50th and Heath of the 31st:
A RESOLUTION creating the Senate Study Committee on Bible Literacy Courses in Public Schools; and for other purposes.
Referred to the Rules Committee.
SR 1257. By Senators Cagle of the 49th, Thomas of the 54th, Pearson of the 51st and Mullis of the 53rd:
A RESOLUTION expressing disapproval of efforts in Congress to pass a resolution to censure President George W. Bush and expressing support of our troops and the President in the war on terror; and for other purposes.
Referred to the Rules Committee.

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SR 1259. By Senators Thomas of the 54th, Goggans of the 7th, Tate of the 38th and Hill of the 32nd:
A RESOLUTION creating the Senate Study Committee on Prevention Programs in Health Care; and for other purposes.
Referred to the Rules Committee.
SR 1270. By Senators Hill of the 32nd, Schaefer of the 50th, Pearson of the 51st, Williams of the 19th, Stephens of the 27th and others:
A RESOLUTION urging and requesting the Department of Human Resources to conduct a multiday state-wide conference to discuss the values and beliefs which should form the foundation for Georgias child welfare system as determined by the departments Division of Family and Children Services, Georgia citizenry, legislators, other leaders, and other interested parties; and for other purposes.
Referred to the Health and Human Services Committee.
SR 1272. By Senators Mullis of the 53rd, Chance of the 16th and Staton of the 18th:
A RESOLUTION creating the Senate Study Committee on Prescriptive Authority of Psychologists; and for other purposes.
Referred to the Rules Committee.
SR 1273. By Senator Wiles of the 37th:
A RESOLUTION creating the Senate Study Committee on the Teacher Complaint/Grievance Procedure; and for other purposes.
Referred to the Rules Committee.

The following House legislation was read the first time and referred to committee:
HB 1099. By Representatives Martin of the 47th and Jones of the 46th:
A BILL to be entitled an Act to authorize the City of Alpharetta 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 related matters; to

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provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1627. By Representatives Rynders of the 152nd and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act to create the Lee County Parks and Recreation Authority, approved May 17, 2004 (Ga. L. 2004, p. 3788), so as to provide terms for members; to provide for the removal of office for cause; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1629. By Representatives Rynders of the 152nd and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3697), so as to provide for terms for authority members; to provide for removal from office of authority members under certain circumstances; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1630. By Representatives Rynders of the 152nd and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to provide for the establishment of terms of offices for members of local authorities; to provide for the removal of members of such authorities for cause; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1632. By Representatives Coleman of the 144th and Roberts of the 154th:
A BILL to be entitled an Act to create the Historic Milan Railroad Depot Museum Authority; to provide a short title; to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the collection of the revenues, tolls, fees, charges, earnings, and contract payments of the authority; to fix and provide for the venue and jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1633. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1634. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county; 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. The following committee reports were read by the Secretary:

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Mr. President:
The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 953 Do Pass by substitute HB 1473 Do Pass by substitute
Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 111 HB 841 HB 893 HB 1030

Do Pass by substitute Do Pass Do Pass by substitute Do Pass

HB 1187 Do Pass by substitute HB 1301 Do Pass HR 773 Do Pass by substitute

Respectfully submitted, Senator Cagle of the 49th District, Chairman

Mr. President:
The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 881 Do Pass HB 1008 Do Pass HB 1054 Do Pass by substitute

HB 1178 Do Pass by substitute HB 1390 Do Pass

Respectfully submitted, Senator Thomas of the 54th District, Chairman

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Mr. President:
The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 494 Do Pass by substitute HB 1288 Do Pass HB 1302 Do Pass by substitute

HB 1335 Do Pass by substitute HR 1306 Do Pass

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:
The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 338 Do Pass by substitute HB 695 Do Pass HB 1320 Do Pass by substitute

HB 1424 Do Pass by substitute HR 1226 Do Pass by substitute

Respectfully submitted, Senator Tolleson of the 20th District, Chairman

Mr. President:
The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 184 Do Pass by substitute HB 910 Do Pass by substitute HB 1105 Do Pass by substitute

HB 1325 Do Pass by substitute HB 1391 Do Pass

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

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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 344 Do Pass by substitute HB 379 Do Pass by substitute

Mr. President:

Respectfully submitted, Senator Heath of the 31st District, Chairman

The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 941 Do Pass by substitute Mr. President:

Respectfully submitted, Senator Balfour of the 9th District, Chairman

The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1307 Do Pass Mr. President:

Respectfully submitted, Senator Shafer of the 48th District, Chairman

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1264 HB 1267 HB 1366 HB 1481 HB 1499 HB 1562 HB 1566

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1612 HB 1613 HB 1614 HB 1615 HB 1616 HB 1617 HB 1624

Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

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Mr. President:

The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1318 Do Pass HR 1259 Do Pass by substitute

Respectfully submitted, Senator Grant of the 25th District, Chairman

The following legislation was read the second time:

HB 111 HB 184 HB 239 HB 268 HB 276 HB 304 HB 338 HB 344 HB 379 HB 429 HB 494 HB 513 HB 695 HB 710 HB 801 HB 832 HB 841

HB 847 HB 873 HB 874 HB 881 HB 893 HB 907 HB 910 HB 941 HB 953 HB 959 HB 1006 HB 1008 HB 1030 HB 1044 HB 1053 HB 1054

HB 1059 HB 1073 HB 1083 HB 1085 HB 1105 HB 1143 HB 1145 HB 1160 HB 1162 HB 1168 HB 1170 HB 1178 HB 1184 HB 1187 HB 1195 HB 1216

HB 1223 HB 1224 HB 1227 HB 1228 HB 1236 HB 1244 HB 1248 HB 1252 HB 1259 HB 1288 HB 1292 HB 1294 HB 1301 HB 1302 HB 1305 HB 1307

HB 1308 HB 1313 HB 1316 HB 1318 HB 1320 HB 1335 HB 1358 HB 1364 HB 1371 HB 1390 HB 1391 HB 1403 HB 1404 HB 1423 HB 1424 HB 1436

HB 1451 HB 1473 HB 1483 HB 1490 HB 1501 HB 1502 HB 1506 HB 1542 HR 773 HR 1226 HR 1258 HR 1259 HR 1306 HR 1564 SR 1170 SR 1195

Senator Starr of the 44th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

Senator Goggans of the 7th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.
Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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Senator 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 roll was called and the following Senators answered to their names:

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Golden Hamrick Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hudgens Johnson Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay Shafer,D

Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Fort Jones

Grant (Excused) Thompson, S (Excused)

Hooks (Excused) Unterman (Excused)

Senator Fort was off the floor of the Senate when the roll was called and wished to be recorded as present.

The members pledged allegiance to the flag.

Senator Stoner of the 6th introduced the chaplain of the day, Reverend Ronald McCrary of Mableton, Georgia, who offered scripture reading and prayer.

Senator Miles of the 43rd introduced Gretchen and William Winfield, commended by SR 1198, adopted previously.
Senator Jones of the 10th introduced Dr. Greg Fields, commended by SR 1102, adopted previously.

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Senator Harp of the 29th introduced General H. Norman Schwarzkopf, commended by SR 1244, adopted previously. General Schwarzkopf addressed the Senate briefly.
Senator Pearson of the 51st introduced the doctor of the day, Dr. Clay Copher.
The following resolutions were read and adopted:
SR 1245. By Senators Thompson of the 33rd and Thomas of the 2nd:
A RESOLUTION urging the Georgia Ports Authority to continue their diligent operation and oversight of Georgia's ports, to study during the remainder of 2006 the security, procedures, and possible improvements to the operation of Georgia's ports, and to present a report before the 2007 regular session of the General Assembly; and for other purposes.
SR 1246. By Senator Tate of the 38th:
A RESOLUTION commending Ms. Brenda Wood; and for other purposes.
SR 1247. By Senator Tate of the 38th:
A RESOLUTION recognizing Monica Kaufman in honor of Women's History Month; and for other purposes.
SR 1248. By Senator Tate of the 38th:
A RESOLUTION commending Amanda Davis; and for other purposes.
SR 1249. By Senator Tate of the 38th:
A RESOLUTION recognizing and commending Mrs. Evelyn G. Lowery for her contributions as a community activist; and for other purposes.
SR 1250. By Senator Tate of the 38th:
A RESOLUTION commending Mr. M. Bryan Freeman; and for other purposes.
SR 1251. By Senator Thomas of the 2nd:
A RESOLUTION recognizing the Georgia Chapter of the National Organization of Black Law Enforcement Executives; and for other purposes.

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SR 1252. By Senator Thomas of the 2nd:
A RESOLUTION commending Dyanne C. Reese; and for other purposes.
SR 1253. By Senator Thomas of the 2nd:
A RESOLUTION commending Reverend Thurmond N. Tillman; and for other purposes.
SR 1254. By Senators Hill of the 4th and Kemp of the 46th:
A RESOLUTION commending Colonel Robert Lee Izlar on the occasion of his retirement; and for other purposes.
SR 1255. By Senators Kemp of the 46th, Hudgens of the 47th and Whitehead, Sr. of the 24th:
A RESOLUTION remembering and honoring the life of Mr. William Coleman Hartman, Jr.; and for other purposes.
SR 1258. By Senator Butler of the 55th:
A RESOLUTION commending Morty Buckles; and for other purposes.
SR 1260. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION remembering and honoring the life of Mr. Henry Hugh Logan, Sr.; and for other purposes.

SR 1261. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION remembering and honoring the life of Sergeant Bryan Lewis; and for other purposes.

SR 1262. By Senators Miles of the 43rd, Seay of the 34th, Tate of the 38th, Butler of the 55th, Thomas of the 2nd and others:
A RESOLUTION commending Nellie Duke, a distinguished Georgian, for her pioneering efforts in the women's rights movement; and for other purposes.

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SR 1263. By Senators Miles of the 43rd, Seay of the 34th, Butler of the 55th and Thomas of the 2nd:
A RESOLUTION commending Mrs. Peggy Stokes Nielson; and for other purposes.
SR 1264. By Senators Miles of the 43rd, Tate of the 38th, Schaefer of the 50th, Seay of the 34th, Thomas of the 2nd and others:
A RESOLUTION recognizing and commending Barbara Bunn; and for other purposes.
SR 1265. By Senators Miles of the 43rd, Henson of the 41st and Butler of the 55th:
A RESOLUTION honoring Pastor James C. Ward and Antioch-Lithonia Missionary Baptist Church; and for other purposes.
SR 1266. By Senator Bulloch of the 11th:
A RESOLUTION commending Eric Andrew Gaupp on becoming an Eagle Scout; and for other purposes.
SR 1267. By Senator Stephens of the 27th:
A RESOLUTION congratulating the Sixes Shooters of Sixes Elementary School on winning the Cherokee County Youth Basketball six-year-old boys tournament championship; and for other purposes.
SR 1268. By Senator Hill of the 32nd:
A RESOLUTION commending Jon Jose Clausen on attaining the rank of Eagle Scout; and for other purposes.
SR 1269. By Senator Hill of the 32nd:
A RESOLUTION commending Arthur Benjamin Simms V on attaining the rank of Eagle Scout; and for other purposes.
SR 1271. By Senator Unterman of the 45th:
A RESOLUTION commending Reverend Larry Wynn; and for other purposes.

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SR 1274. By Senator Cagle of the 49th:
A RESOLUTION commending Ms. Carolyn Garcia; and for other purposes.
SR 1275. By Senator Cagle of the 49th:
A RESOLUTION commending Ms. Adrienne Susong; and for other purposes.
SR 1276. By Senator Cagle of the 49th:
A RESOLUTION commending Ms. Caryl Swift; and for other purposes.
SR 1277. By Senator Cagle of the 49th:
A RESOLUTION commending Mrs. Janice Olejnik; and for other purposes.
SR 1278. By Senator Cagle of the 49th:
A RESOLUTION honoring crisis pregnancy centers in Georgia and the dedicated individuals who support them and recognizing March 23, 2006, as Crisis Pregnancy Center Day at the Capitol; and for other purposes.
SR 1279. By Senator Bulloch of the 11th:
A RESOLUTION commending Mr. Douglas Harrell; and for other purposes.
SR 1280. By Senator Golden of the 8th:
A RESOLUTION commending James A. Bridges; and for other purposes.
SR 1281. By Senator Golden of the 8th:
A RESOLUTION congratulating Valdosta State University on its 100th anniversary and recognizing Valdosta State University Day in Georgia and the Valdosta State University Centennial Years Celebration; and for other purposes.
SR 1283. By Senator Harbison of the 15th:
A RESOLUTION commending Reverend Bruce O. Alford for his life of dedicated service to his church and recognizing him on his second anniversary; and for other purposes.

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SR 1284. By Senator Harbison of the 15th:

A RESOLUTION recognizing George Stanton and congratulating him on his promotion to vice president of academic affairs of Columbus State University; and for other purposes.

Senator Henson of the 41st asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate 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 23, 2006 Thirty-sixth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

HB 1264

Thompson of the 5th Balfour of the 9th Weber of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT COUNTY

A BILL to be entitled an Act to amend an Act to continue and recreate the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3598), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1267

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

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A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3607), so as to change the compensations 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.
Carter of the 13th CITY OF LEESBURG
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), so as to provide for a municipal court for the City of Leesburg; to provide the City Council certain powers to determine qualifications and requirements relating to municipal court judges; to provide for certain penalties for violations under the jurisdiction of the municipal court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Heath of the 31st Smith of the 52nd BARTOW COUNTY
A BILL to be entitled an Act to create the Board of Commissioners of Bartow County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for elections, qualifications, and terms of office; to provide for powers, duties, authority, and compensation of the chairperson and members of the board; to provide for vacancies; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for oaths of office and surety bonds; to provide for a vice chairperson; to provide for other related matters; to repeal an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1499
HB 1562 HB 1566

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Hooks of the 14th SUMTER COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, so as to provide that on and after January 1, 2007, the district attorney of the judicial circuit within which Sumter County is located shall represent the state in all criminal prosecutions brought in the State Court of Sumter County and shall perform the duties of the office of solicitor-general of the state court; to provide for the powers, duties, and responsibilities of said district attorney in such state court; to authorize the establishment of a state court division by said district attorney; to provide for the assignment, appointment, and compensation of personnel by said district attorney; to provide for annual budgets; to provide for definitions and references; to provide for submission to the Justice Department for preclearance; to repeal conflicting laws; and for other purposes.

Hooks of the 14th STEWART COUNTY/CITY OF RICHLAND
A BILL to be entitled an Act to amend an Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended, so as to change the corporate limits of such city by annexing certain territory in Stewart County into such city; to repeal conflicting laws; and for other purposes.
Rogers of the 21st Stephens of the 27th BLUE RIDGE JUDICIAL CIRCUIT
A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to authorize participation by such judges in county

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HB 1614 HB 1615

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retirement, deferred compensation, or similar plans; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Mullis of the 53rd Thomas of the 54th CATOOSA COUNTY
A BILL to be entitled an Act to amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4416), so as to provide for a limit on the number of terms which members of such board may serve; to repeal conflicting laws; and for other purposes.
Stephens of the 27th Pearson of the 51st FORSYTH COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5579), so as to change the compensation of the judges of the State Court of Forsyth County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Williams of the 19th CITY OF GLENNVILLE
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; to repeal conflicting laws; and for other purposes.

HB 1617

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Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to create a Heritage Trail Commission for Clayton County and to provide for its powers and duties; to provide for the composition of the commission and the selection and appointment of members; to provide for meetings, procedures, and operational bylaws; to provide for findings; to provide for automatic repeal; to provide for dissolution; to repeal conflicting laws; and for other purposes.

HB 1624

Carter of the 13th TIFT COUNTY

A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; to provide for related matters; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

HB 1616

Mullis of the 53rd WALKER COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a three-year phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

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The substitute to the following bill was put upon its adoption:
*HB 1616:
State and Local Governmental Operations offered the following substitute to HB 1616:
A BILL TO BE ENTITLED AN ACT
To provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a three-year phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Walker County school district, except for ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b)(1) Each resident of the Walker County school district who is a senior citizen is granted an exemption on that persons homestead from all Walker County school district ad valorem taxes for educational purposes as follows:
(A) For the taxable years beginning on or after January 1, 2008, and prior to January 1, 2010, in the amount of $25,000.00 of the assessed value of that homestead; and (B) For all taxable years commencing on or after January 1, 2010, in the amount of $50,000.00 of the assessed value of the homestead. (2) The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Walker County giving the persons age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination

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regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Walker County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Walker County school district ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2008.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Walker County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Walker County school district for approval or rejection. The election superintendent shall conduct that election on the date of the July, 2006, state-wide general primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Walker County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from Walker County school district ad valorem taxes for educational purposes
( ) NO in the amount of $50,000.00 of the assessed value of the homestead for after a three-year phase in period residents of that school district who are 70 years of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2008. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Walker County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.

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SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Bulloch
Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the local bills, the yeas were 44, nays 0.

The bills on the Local Consent Calendar, except HB 1616 having received the requisite constitutional majority, were passed.

HB 1616, having received the requisite constitutional majority, was passed by substitute.

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The following communication was received by the Secretary:

Senator Curt Thompson District 5 323-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Economic Development Higher Education State Institutions and Property Veterans and Military Affairs

The State Senate Atlanta, Georgia 30334

3/23/06

Please record me as having voted for the Local Consent Calendar.

/s/ Curt Thompson

Senator Reed of the 35th introduced Pam Walker, 2007 Georgia Teacher of the Year. Pam Walker addressed the Senate briefly.

SENATE RULES CALENDAR THURSDAY, MARCH 23, 2006 THIRTY-SIXTH LEGISLATIVE DAY

HB 1219 Sales and use tax exemption; certain school supplies; energy efficient products; provide (FIN-49th) Smith-70th

HB 1319 Georgia Environmental Facilities Authority; change certain provisions (NR&E-20th) Smith-70th

HB 724

Sewage management systems; licensed plumbers; allow certain work (NR&E-24th) McCall-30th

HB 1090 Public works; exercise of power to contract by Department of Transportation; amend (TRANS-24th) Harbin-118th

HB 1027 General appropriations; FY 2006-2007 (Substitute)(APPROP-4th) Richardson-19th

HB 1092 Suicide Prevention Program; create (H&HS-45th) Manning-32nd

HB 1106 Weight of vehicle and load; hauling of construction aggregates; include (TRANS-31st) Graves-12th

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HB 1121 HB 1190 HB 1293 HB 376 HB 654 HB 1112 HB 1241 HB 1421 HB 1435 HB 1211

Sales and use tax exemption; National Infantry Museum and Heritage Park; provisions (FIN-29th) Smith-131st
State Road and Tollway Authority; collection of unpaid tolls; amend (TRANS-32nd) Wilkinson-52nd
Conservation use covenant; breach; provide for additional acts (FIN-11th) Royal-171st
Juries; exemption; caregivers of certain children (JUDY-21st) Loudermilk-14th
All-terrain vehicles; additional definitions; provisions (TRANS-32nd) Reese-98th
Speech-language pathologists and audiologists; licensing; change provisions (H&HS-25th) Smith-113th
Quality Basic Education Act; eligibility conditions for student athletes; provide (ED&Y-17th) Martin-47th
Demand for trial; defendant present in court; require (Substitute) (JUDY-32nd) Fleming-117th
Voting; persons with disabilities; provisions (SLGO(G)-16th) Burmeister-119th
Southern Appalachian brook trout; official state cold water game fish; designate (RULES-52nd) Reese-98th

HB 1496 HB 1249 HB 1273 HB 194

Waycross Judicial Circuit; term of court; change (JUDY-7th) Hatfield-177th
Ad valorem taxation exemption; watercraft in inventory; provide (FIN-49th) Reece-27th
Security deposits; escrow accounts; change certain provisions (S JUDY-12th) O`Neal-146th
Income tax credit; teleworking for limited period of time (Substitute) (FIN-49th) Martin-47th

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Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Cagle of the 49th moved to engross HB 1219, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown
Bulloch N Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver E Tate Y Thomas,D N Thomas,R
Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 31, nays 15, the motion prevailed; and HB 1219 was engrossed.

Senator Cagle of the 49th moved to engross HB 1121, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

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Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance E Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody
Mullis Y Pearson N Powell
Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver E Tate Y Thomas,D N Thomas,R
Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Zamarripa

On the motion, the yeas were 32, nays 14, the motion prevailed; and HB 1121 was engrossed.

Senator Cagle of the 49th moved to engross HB 1293, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell

Y Smith N Starr Y Staton Y Stephens
Stoner N Tarver E Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman

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Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Reed Y Rogers Y Schaefer Y Seabaugh N Seay E Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 33, nays 16, the motion prevailed; and HB 1293 was engrossed.

Senator Whitehead of the 24th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.

Senator Cagle of the 49th moved to engross HB 1249, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell
Reed Y Rogers
Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver E Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 32, nays 17, the motion prevailed; and HB 1249 was engrossed.

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Senator Adelman of the 42nd asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

Senator Cagle of the 49th moved to engross HB 194, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas
Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody
Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver E Tate Y Thomas,D
Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 33, nays 17, the motion prevailed; and HB 194 was engrossed.

The following legislation was read the third time and put upon its passage:

HB 1219. By Representatives Smith of the 70th, Freeman of the 140th, Maddox of the 172nd, Morris of the 155th, Reese of the 98th and others:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide for an exemption from state sales and use tax

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only with respect to certain sales of certain energy efficient products for a limited period of time; to provide an effective date; 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
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
February 15, 2006
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1219 Substitute (LC 18 5275S)
Dear Chairman O'Neal:
This bill would continue the sales tax holiday, first implemented in 2003, by making the period of exemption go from 12:01 A.M. on August 3, 2006 to 12:00 Midnight on August 6, 2006. As was the case in the previous two years, within those four days three categories of otherwise taxable purchases would be exempted. Sales of clothes and footwear priced at no more than $100 per article would not be taxed. Up to $1,500 of sales transactions involving personal computer, peripheral devices, computer-related accessories, and non-recreational software would go tax-free. Finally, sales of school supplies and books on approved lists for pre-kindergarten through twelfth grade priced at no more than $20 per unit would be exempted.
In addition, the bill would continue the energy efficient product sales tax holiday first

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implemented in 2005. The products identified are dishwashers, clothes washers, air conditioners, ceiling fans, incandescent or fluorescent light bulbs, dehumidifiers, programmable thermostats and refrigerators which meet the energy savings efficiency standards of the U.S. Environmental Protection Agency or the U.S. Department of Energy or meet Energy Star efficiency standards. In addition, this substitute to the bill would expand the eligible products to include doors and windows. These products must have a sales price of $1,500 or less per product and must be purchased for noncommercial home or personal use. The exemption for energy efficient products would not include exemption from applicable local sales and use tax.
The Georgia State University Fiscal Research Center analyzed the fiscal impact of another version of House Bill 1219 (LC 18 5193S). The Center has updated this earlier estimate of revenue impact to reflect their analysis of the new provisions contained in this substitute. The revised estimate is an $11.284 million reduction in state tax revenue and an $8.463 million reduction in local government revenues. The Center provided the following analysis of the revenue impact of this bill:
This fiscal analysis updates the analysis prepared for LC 18 5193S. That bill continued the sales tax holiday, first implemented in 2003, by making the period of exemption go from 12:01 A.M. on July 13, 2006 to 12:00 Midnight on July 16, 2006. In addition, the bill would continue the energy efficient product sales tax holiday first implemented in 2005.
For LC 18 5193S, the estimated total revenue impact for the State from the proposed 2006 combined sales tax holiday was $11.17 million. For local jurisdictions, the revenue impact was estimated to be $8.378 million.
This legislation has two impacts relative to LC 18 5193S. First, it changes the effective dates to August 3, 2006 through August 6, 2006. The change in date is assumed to have no impact on the revenue estimate. Second, the legislation adds energy efficient doors and windows to the list of products exempted.
To estimate the incremental impact of including doors and windows, data from the Census Bureau's Retail Census were used to develop the estimate. Sales of doors and windows totaled $20.4 billion in the census. The share of this total that is assumed to meet energy efficient requirements is 40% or $8.2 billion. This percentage is consistent with market share estimates for other energy efficient products. Georgia's share of this expenditure based on its percentage of total personal income would be $223.4 million.
The contractor share of this spending is assumed to be $149.7 million based on 2004 housing starts and estimated spending of $1,600 per unit. The remainder of the annual spending is assumed to be sold direct to consumers and would be

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covered by the exemption. The revenue loss to the state from the consumer segment would be $113,500 assuming that consumers purchase two weeks of annual purchases during the sales tax holiday. The local jurisdiction impact from this exemption would be $85,125.

The overall impact from this legislation combines the original estimates from LC 18 5193S with the incremental impacts of including doors and windows. This impact is an $11.284 million reduction in state tax revenue and an $8.463 million reduction in local government revenues.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Shelley C. Nickel, 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
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis
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 Tarver E Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 49, nays 0.
HB 1219, having received the requisite constitutional majority, was passed.
Senator Williams of the 19th recognized Dr. Lee Cheek and his political science class from Brewton College.
Senator Harp of the 29th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.
Senator 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 Kemp of the 46th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.
The Calendar was resumed.
HB 1319. By Representatives Smith of the 70th, Knight of the 126th, Golick of the 34th, Rogers of the 26th and McCall of the 30th:
A BILL to be entitled an Act to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions relative to said article; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to loans to local governments and repayment thereof; to change certain provisions relating to lease agreements; to change certain provisions relating to review of contracts and agreements with local governments by the Environmental Protection Division of the Department of Natural Resources; to repeal certain provisions relating to transfer of employees of the former Office of Energy Resources; to change certain provisions relating to transfer of assets, funds, property, contracts, programs, obligations, and interests of the former Office of Energy Resources; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Tolleson of the 20th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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2527

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis
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 Tarver E Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 45, nays 1.

HB 1319, having received the requisite constitutional majority, was passed.

Senator Smith of the 52nd asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

HB 724. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to provide that such Code section does not restrict certain work of a plumber licensed by the Construction Industry Licensing Board; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Whitehead, Sr. of the 24th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

2528

JOURNAL OF THE SENATE

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 E Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis
Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

On the passage of the bill, the yeas were 44, nays 0.

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams
Zamarripa

HB 724, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Chip Pearson District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Transportation Agriculture and Consumer Affairs Appropriations Regulated Industries and Utilities

The State Senate Atlanta, Georgia 30334
March 23, 2006

THURSDAY, MARCH 23, 2006

2529

I should have been excused for business elsewhere in the Capitol on HB 1319 and HB 724.
/s/ Chip Pearson District 51
Senator Hill of the 32nd asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

Senator Smith of the 52nd asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Whitehead, Sr. of the 24th.

Senator Whitehead, Sr. of the 24th offered the following amendment:

Amend HB 1090 by inserting on line 6 of the Act between state and public the word "agency"
Line 19 and 22 of Section 1 Article 3 between state and public inserting the word "agency"

2530

JOURNAL OF THE SENATE

Line 17 of Section 2 between state and public inserting the word "agency"
On the adoption of the amendment, the yeas were 33, nays 0, and the Whitehead amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Balfour Y Brown Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton E Stephens
Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

HB 1090, having received the requisite constitutional majority, was passed as amended.

Senator Williams of the 19th moved that HB 1027 be referred to the Committee of the Whole Senate.

There were no objections and HB 1027 was referred to the Committee of the Whole Senate.

THURSDAY, MARCH 23, 2006

2531

Senator Williams of the 19th moved that the Senate resolve into the Committee of the Whole Senate for the purpose of considering HB 1027.

There were no objections and the Senate resolved into the Committee of the Whole Senate.

Senator Eric Johnson, President Pro Tempore, assumed the Chair as Chairman of the Committee of the Whole Senate.

The President Pro Tempore announced the Committee of the Whole Senate dissolved.

The President resumed the Chair, and the Senate reconvened.

Senator Johnson of the 1st, Chairman of the Committee of the Whole Senate, rose and reported that the Committee of the Whole Senate had considered HB 1027 and recommends that HB 1027 do pass by the Senate Appropriations Committee substitute.

The President announced the recommendation by the Committee of the Whole Senate to the Senate.

The Calendar was resumed.

HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007.
Senate Sponsor: Senator Hill of the 4th.

The Senate Appropriations Committee offered the following substitute to HB 1027:

2532

JOURNAL OF THE SENATE

A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2006, and ending

June 30, 2007:

H.B. 1027

Governor House

SAC

Revenue Sources Available for Appropriation

TOTAL STATE FUNDS

$18,654,564,058 $18,654,564,058 $18,654,564,058

Brain and Spinal Injury Trust Fund

$3,007,691

$3,000,000

$3,007,691

Lottery Proceeds

$841,554,506 $841,554,506 $841,554,506

State Motor Fuel Funds

$801,759,400 $801,759,400 $801,759,400

State General Funds

$16,830,724,074 $16,830,731,765 $16,830,724,074

Tobacco Settlement Funds

$177,518,387 $177,518,387 $177,518,387

TOTAL FEDERAL FUNDS

$9,282,923,106 $9,349,479,883 $9,735,349,031

Child Care & Development Block Grant CFDA93.575

$78,075,044

$78,075,044

$79,755,270

CCDF Mandatory & Matching Funds CFDA93.596

$74,410,706 $110,410,706 $132,529,040

Community Mental Health Services Block Grant CFDA93.958

$12,840,422

$12,840,422

$12,840,422

Community Services Block Grant CFDA93.569

$17,189,251

$17,189,251

$17,189,251

Federal Funds Not Itemized

$2,060,780,867 $2,105,343,425 $2,497,762,769

Federal Highway Administration Planning & Construction

$793,997,972 $793,997,972 $794,447,225

CFDA20.205

FHA Planning & Construction CFDA20.205

$357,883,962 $357,883,962 $357,883,962

Foster Care Title IV-E CFDA93.658

$55,502,068

$52,002,068

$53,202,068

Low-Income Home Energy Assistance CFDA93.568

$18,929,972

$18,929,972

$18,929,972

Maternal & Child Health Services Block Grant CFDA93.994

$17,348,033

$17,348,033

$17,348,033

THURSDAY, MARCH 23, 2006
Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA 93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Block Grant CFDA 93.558
TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS

2533

$4,986,835,192 $4,976,329,411 $4,943,998,069

$50,960,435

$50,960,435

$51,293,768

$4,203,960 $50,485,333 $190,656,641 $372,028,378 $318,725,882

$4,203,960 $50,485,333 $190,656,641 $372,028,378 $354,525,882

$4,203,960 $50,485,333 $190,656,641 $372,028,378 $368,540,390

$23,602,496 $29,700,000 $140,794,870 $3,409,099,575 $80,710,042 $20,000,000 $60,710,042 $181,487,379 $181,487,379
$5,504,384 $5,504,384 $1,677,770,985 $1,677,770,985 $41,518,660 $41,518,660 $3,891,368 $3,891,368 $1,418,216,757 $1,418,216,757
$2,998,450,684

$17,502,496
$140,794,870 $3,409,286,803
$80,710,042 $20,000,000 $60,710,042 $181,687,379 $181,687,379
$5,504,384 $5,504,384 $1,677,770,985 $1,677,770,985 $41,518,660 $41,518,660 $3,891,368 $3,891,368 $1,418,203,985 $1,418,203,985
$2,986,450,684

$3,487,988
$140,794,870 $3,526,249,413
$80,703,626 $20,000,000 $60,703,626 $182,921,069 $182,921,069
$6,891,327 $6,891,327 $1,693,926,174 $1,693,926,174 $53,771,536 $53,771,536 $6,956,133 $6,956,133 $1,500,932,605 $1,500,932,605
$146,943 $146,943 $3,013,783,701

2534

JOURNAL OF THE SENATE

Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments Retirement Payments Risk Management Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund Lottery Proceeds State Motor Fuel Funds State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized

$8,973,456 $608,684
$12,321,266 $657,795
$2,430,674,325 $21,006,280 $51,764,816 $1,638,361 $12,849,537 $333,430 $2,706,350 $332,300,483 $20,678,179 $991,080 $36,219,631 $759,169 $8,046,494 $55,921,348
$31,346,586,739

$8,973,456 $608,684
$12,321,266 $657,795
$2,418,674,325 $21,006,280 $51,764,816 $1,638,361 $12,849,537 $333,430 $2,706,350 $332,300,483 $20,678,179 $991,080 $36,219,631 $759,169 $8,046,494 $55,921,348
$31,413,330,744

$8,973,456 $688,684
$16,379,292 $657,795
$2,430,674,325 $31,049,680 $51,764,816 $1,651,861 $14,158,567 $333,430 $2,806,350 $332,029,544 $20,678,179 $991,080 $36,219,631 $759,169 $8,046,494 $55,921,348
$31,916,162,502

$1,248,657,465 $7,691
$29,924,748 $11,759,400 $1,186,073,991 $20,891,635 $554,229,784
$4,048,741
$4,068 $5,827,739

$1,248,657,465
$29,924,748 $11,759,400 $1,186,081,682 $20,891,635 $719,233,074
$4,048,741 $36,000,000
$4,068 $55,701,473

$1,248,657,465 $7,691
$29,924,748 $11,759,400 $1,186,073,991 $20,891,635 $1,105,102,222
$5,728,967 $58,118,334
$4,068 $448,120,817

THURSDAY, MARCH 23, 2006
Federal Highway Administration Planning & Construction CFDA20.205
Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Social Services Block Grant CFDA 93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Block Grant CFDA 93.558
TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized

2535

$51,435,092

$51,435,092

$51,884,345

$8,910,512 $449,051,027

$5,410,512 $438,545,246

$6,610,512 $406,213,904
$333,333

($4,883,400) $8,173,061 $4,003,411 $4,003,411

($4,883,400) $8,173,061 $9,074,605
$44,874,605

($4,883,400) $8,173,061 $4,003,411
$53,817,919

$27,659,533 ($66,626,210)
($5,835) ($5,835) $149,583,119 $149,583,119
$2,135 $2,135 ($138,011,825) ($138,011,825) $139,974 $139,974 ($370,782) ($370,782) ($77,962,996) ($77,962,996)

($6,100,000) ($29,700,000) $115,723,676 ($60,438,982)
($5,835) ($5,835) $155,783,119 $155,783,119
$2,135 $2,135 ($138,011,825) ($138,011,825) $139,974 $139,974 ($370,782) ($370,782) ($77,975,768) ($77,975,768)

($20,114,508) ($29,700,000) $120,794,870
$50,523,628 ($12,251) ($12,251)
$151,016,809 $151,016,809
$1,389,078 $1,389,078 ($121,856,636) ($121,856,636) $12,392,850 $12,392,850 $2,693,983 $2,693,983 $4,752,852 $4,752,852
$146,943 $146,943

2536

JOURNAL OF THE SENATE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments Retirement Payments Risk Management Assessments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS
Federal Funds Not Itemized Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Block Grant CFDA 93.558
Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized

$461,407,604 $117,662 $7,376 $83,439
$451,633,037
$23,488 $106,383 $1,122,113 ($212,168)
$93,589 $10,687,184
$18,381 $991,080 ($3,399,802)
$54,652 $1,205
$79,985 $2,197,668,643

$449,407,604 $117,662 $7,376 $83,439
$439,633,037
$23,488 $106,383 $1,122,113 ($212,168) $93,589 $10,687,184 $18,381 $991,080 ($3,399,802) $54,652
$1,205 $79,985 $2,356,859,161

$476,740,621 $117,662 $87,376
$4,141,465 $451,633,037
$10,043,400 $23,488 $119,883
$2,431,143 ($212,168)
$193,589 $10,416,245
$18,381 $991,080 ($3,399,802) $54,652
$1,205 $79,985 $2,881,023,936

$98,446,513 $5,311,176
$93,135,337

($5,071,194) ($5,071,194)
$5,071,194 ($6,000,000) ($6,000,000) ($6,000,000)

THURSDAY, MARCH 23, 2006
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS Changes in Operations / Administration 1.1 Reflect operations changes. State General Funds 1. Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS Changes in Operations / Administration 2.1 Reflect operations changes. State General Funds 2. Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

2537

Section Total - Continuation

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

$9,715,183

Section Total - Final

$9,779,214

$9,779,214

$9,779,214

$9,779,214

$9,779,214

$9,779,214

$9,779,214

$9,779,214

$9,779,214

Continuation Budget

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$813,497

$25,204

$25,204

$25,204

Appropriation (HB1027)

$838,701

$838,701

$838,701

$838,701

$838,701

$838,701

$838,701

$838,701

$838,701

Continuation Budget

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

$1,212,412

($13,446)

($13,446)

($13,446)

Appropriation (HB1027)

$1,198,966

$1,198,966

$1,198,966

$1,198,966

$1,198,966

$1,198,966

$1,198,966

$1,198,966

$1,198,966

2538

JOURNAL OF THE SENATE

Senate

Continuation Budget

TOTAL STATE FUNDS

$6,689,602

$6,689,602

$6,689,602

State General Funds

$6,689,602

$6,689,602

$6,689,602

TOTAL PUBLIC FUNDS

$6,689,602

$6,689,602

$6,689,602

Changes in Operations / Administration

3.1 Reflect operations changes.

State General Funds

$49,172

$49,172

$49,172

3. Senate

Appropriation (HB1027)

TOTAL STATE FUNDS

$6,738,774

$6,738,774

$6,738,774

State General Funds

$6,738,774

$6,738,774

$6,738,774

TOTAL PUBLIC FUNDS

$6,738,774

$6,738,774

$6,738,774

Senate Budget and Evaluation Office

Continuation Budget

The purpose is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$999,672

$999,672

$999,672

State General Funds

$999,672

$999,672

$999,672

TOTAL PUBLIC FUNDS

$999,672

$999,672

$999,672

Changes in Operations / Administration

4.1 Reflect operations changes.

State General Funds

$3,101

$3,101

$3,101

4. Senate Budget and Evaluation Office

Appropriation (HB1027)

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$1,002,773

$1,002,773

$1,002,773

State General Funds

$1,002,773

$1,002,773

$1,002,773

TOTAL PUBLIC FUNDS

$1,002,773

$1,002,773

$1,002,773

Section 2: Georgia House of Representatives

Section Total - Continuation

TOTAL STATE FUNDS

$17,216,615

$17,216,615

$17,216,615

State General Funds

$17,216,615

$17,216,615

$17,216,615

TOTAL PUBLIC FUNDS

$17,216,615

$17,216,615

$17,216,615

Section Total - Final

TOTAL STATE FUNDS

$17,366,660

$17,616,660

$17,491,660

THURSDAY, MARCH 23, 2006

2539

State General Funds TOTAL PUBLIC FUNDS

$17,366,660 $17,366,660

$17,616,660 $17,616,660

$17,491,660 $17,491,660

House of Representatives

Continuation Budget

TOTAL STATE FUNDS

$17,216,615

$17,216,615

$17,216,615

State General Funds

$17,216,615

$17,216,615

$17,216,615

TOTAL PUBLIC FUNDS

$17,216,615

$17,216,615

$17,216,615

Changes in Operations / Administration

5.1 Reflect operations changes.

State General Funds

$150,045

$150,045

$150,045

5.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%. (H and S:YES)

State General Funds

$0

$0

5.3 Provide funding for a dual-agency Formula Study Committee involving the Board of Regents and DTAE.

State General Funds

$250,000

$125,000

5. House of Representatives

Appropriation (HB1027)

TOTAL STATE FUNDS

$17,366,660

$17,616,660

$17,491,660

State General Funds

$17,366,660

$17,616,660

$17,491,660

TOTAL PUBLIC FUNDS

$17,366,660

$17,616,660

$17,491,660

Section 3: Georgia General Assembly Joint Offices

Section Total - Continuation

TOTAL STATE FUNDS

$10,154,263

$10,154,263

$10,154,263

State General Funds

$10,154,263

$10,154,263

$10,154,263

TOTAL PUBLIC FUNDS

$10,154,263

$10,154,263

$10,154,263

Section Total - Final

TOTAL STATE FUNDS

$9,078,281

$9,078,281

$9,078,281

State General Funds

$9,078,281

$9,078,281

$9,078,281

TOTAL PUBLIC FUNDS

$9,078,281

$9,078,281

$9,078,281

Ancillary Activities

Continuation Budget

The purpose is to provide services for the legislative branch of government.

2540

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$4,933,862

$4,933,862

$4,933,862

State General Funds

$4,933,862

$4,933,862

$4,933,862

TOTAL PUBLIC FUNDS

$4,933,862

$4,933,862

$4,933,862

Changes in Operations / Administration

6.1 Reflect operations changes.

State General Funds

($1,100,739)

($1,100,739)

($1,100,739)

6. Ancillary Activities

Appropriation (HB1027)

The purpose of this appropriation is to provide services for the legislative branch of government.

TOTAL STATE FUNDS

$3,833,123

$3,833,123

$3,833,123

State General Funds

$3,833,123

$3,833,123

$3,833,123

TOTAL PUBLIC FUNDS

$3,833,123

$3,833,123

$3,833,123

Legislative Fiscal Office

Continuation Budget

The purpose is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of

legislative expenditures and commitments.

TOTAL STATE FUNDS

$2,209,558

$2,209,558

$2,209,558

State General Funds

$2,209,558

$2,209,558

$2,209,558

TOTAL PUBLIC FUNDS

$2,209,558

$2,209,558

$2,209,558

Changes in Operations / Administration

7.1 Reflect operations changes.

State General Funds

$154,990

$154,990

$154,990

7. Legislative Fiscal Office

Appropriation (HB1027)

The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and

maintain an account of legislative expenditures and commitments.

TOTAL STATE FUNDS

$2,364,548

$2,364,548

$2,364,548

State General Funds

$2,364,548

$2,364,548

$2,364,548

TOTAL PUBLIC FUNDS

$2,364,548

$2,364,548

$2,364,548

Office of Legislative Counsel

Continuation Budget

The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$3,010,843

$3,010,843

$3,010,843

State General Funds

$3,010,843

$3,010,843

$3,010,843

TOTAL PUBLIC FUNDS

$3,010,843

$3,010,843

$3,010,843

THURSDAY, MARCH 23, 2006

2541

Changes in Operations / Administration

8.1 Reflect operations changes.

State General Funds

($130,233)

($130,233)

($130,233)

8. Office of Legislative Counsel

Appropriation (HB1027)

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General

Assembly.

TOTAL STATE FUNDS

$2,880,610

$2,880,610

$2,880,610

State General Funds

$2,880,610

$2,880,610

$2,880,610

TOTAL PUBLIC FUNDS

$2,880,610

$2,880,610

$2,880,610

Section 4: Audits and Accounts, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$30,095,144

$30,095,144

$30,095,144

State General Funds

$30,095,144

$30,095,144

$30,095,144

TOTAL PUBLIC FUNDS

$30,095,144

$30,095,144

$30,095,144

Section Total - Final

TOTAL STATE FUNDS

$31,927,549

$31,927,549

$31,427,549

State General Funds

$31,927,549

$31,927,549

$31,427,549

TOTAL PUBLIC FUNDS

$31,927,549

$31,927,549

$31,427,549

Departmental Administration

Continuation Budget

The purpose is to provide administrative support to all Department programs.

TOTAL STATE FUNDS

$1,596,639

$1,596,639

$1,596,639

State General Funds

$1,596,639

$1,596,639

$1,596,639

TOTAL PUBLIC FUNDS

$1,596,639

$1,596,639

$1,596,639

Changes in Operations / Administration

9.1 Reflect operations changes.

State General Funds

$6,075

$6,075

$6,075

9.2 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from

14.20% to 16.713%. (H and S:YES)

State General Funds

$0

$0

9.3 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (H and S:YES)

State General Funds

$0

$0

2542

JOURNAL OF THE SENATE

9.4 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H and

S:YES)

State General Funds

$0

$0

9. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative support to all Department programs.

TOTAL STATE FUNDS

$1,602,714

$1,602,714

$1,602,714

State General Funds

$1,602,714

$1,602,714

$1,602,714

TOTAL PUBLIC FUNDS

$1,602,714

$1,602,714

$1,602,714

Financial Audits

Continuation Budget

The purpose is to conduct financial and compliance audits of state entities, local boards of education, and healthcare

providers that participate in the State's Medicaid program; and review financial statements of local governments and non-

profit organizations.

TOTAL STATE FUNDS

$22,831,899

$22,831,899

$22,831,899

State General Funds

$22,831,899

$22,831,899

$22,831,899

TOTAL PUBLIC FUNDS

$22,831,899

$22,831,899

$22,831,899

Changes in Operations / Administration

10.1 Reflect operations changes.

State General Funds

$1,319,769

$1,319,769

$819,769

10.2 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits,

and Information System Audits programs. (H:YES)(S:NO)

State General Funds

$0

$0

10. Financial Audits

Appropriation (HB1027)

The purpose of this appropriation is to conduct financial and compliance audits of state entities, local boards of education,

and healthcare providers that participate in the State's Medicaid program; and review financial statements of local

governments and non-profit organizations.

TOTAL STATE FUNDS

$24,151,668

$24,151,668

$23,651,668

State General Funds

$24,151,668

$24,151,668

$23,651,668

TOTAL PUBLIC FUNDS

$24,151,668

$24,151,668

$23,651,668

Information Systems Audits

Continuation Budget

The purpose is to provide independent information systems audits, reviews, and vulnerability assessments and to provide

information systems audit guidance and support to other operations within the Department.

THURSDAY, MARCH 23, 2006

2543

TOTAL STATE FUNDS

$1,076,951

$1,076,951

$1,076,951

State General Funds

$1,076,951

$1,076,951

$1,076,951

TOTAL PUBLIC FUNDS

$1,076,951

$1,076,951

$1,076,951

Changes in Operations / Administration

11.1 Reflect operations changes.

State General Funds

$312,535

$312,535

$312,535

11.2 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits,

and Information System Audits programs. (H:YES)(S:NO)

State General Funds

$0

$0

11. Information Systems Audits

Appropriation (HB1027)

The purpose of this appropriation is to provide independent information systems audits, reviews, and vulnerability

assessments and to provide information systems audit guidance and support to other operations within the Department.

TOTAL STATE FUNDS

$1,389,486

$1,389,486

$1,389,486

State General Funds

$1,389,486

$1,389,486

$1,389,486

TOTAL PUBLIC FUNDS

$1,389,486

$1,389,486

$1,389,486

Legislative Services

Continuation Budget

The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures

and provide fiscal note services.

TOTAL STATE FUNDS

$110,575

$110,575

$110,575

State General Funds

$110,575

$110,575

$110,575

TOTAL PUBLIC FUNDS

$110,575

$110,575

$110,575

Changes in Operations / Administration

12.1 Reflect operations changes.

State General Funds

$2,521

$2,521

$2,521

12. Legislative Services

Appropriation (HB1027)

The purpose of this appropriation is to provide information on retirement system services, promulgation of statewide

policies and procedures and provide fiscal note services.

TOTAL STATE FUNDS

$113,096

$113,096

$113,096

State General Funds

$113,096

$113,096

$113,096

TOTAL PUBLIC FUNDS

$113,096

$113,096

$113,096

2544

JOURNAL OF THE SENATE

Performance Audits

Continuation Budget

The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance

with laws and rules.

TOTAL STATE FUNDS

$2,426,566

$2,426,566

$2,426,566

State General Funds

$2,426,566

$2,426,566

$2,426,566

TOTAL PUBLIC FUNDS

$2,426,566

$2,426,566

$2,426,566

Changes in Operations / Administration

13.1 Reflect operations changes.

State General Funds

$85,754

$85,754

$85,754

13.2 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits,

and Information System Audits programs. (H:YES)(S:NO)

State General Funds

$0

$0

13. Performance Audits

Appropriation (HB1027)

The purpose of this appropriation is to audit state programs to determine their efficiency, effectiveness, economy of

operations, and compliance with laws and rules.

TOTAL STATE FUNDS

$2,512,320

$2,512,320

$2,512,320

State General Funds

$2,512,320

$2,512,320

$2,512,320

TOTAL PUBLIC FUNDS

$2,512,320

$2,512,320

$2,512,320

Statewide Equalized Adjusted Property Tax Digest

Continuation Budget

The purpose is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in

allocating State funds for public school systems.

TOTAL STATE FUNDS

$2,052,514

$2,052,514

$2,052,514

State General Funds

$2,052,514

$2,052,514

$2,052,514

TOTAL PUBLIC FUNDS

$2,052,514

$2,052,514

$2,052,514

Changes in Operations / Administration

14.1 Reflect operations changes.

State General Funds

$105,751

$105,751

$105,751

14. Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB1027)

The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State

as a whole for use in allocating State funds for public school systems.

THURSDAY, MARCH 23, 2006

2545

TOTAL STATE FUNDS

$2,158,265

$2,158,265

$2,158,265

State General Funds

$2,158,265

$2,158,265

$2,158,265

TOTAL PUBLIC FUNDS

$2,158,265

$2,158,265

$2,158,265

Section 5: Appeals, Court of

Section Total - Continuation

TOTAL STATE FUNDS

$12,537,586

$12,537,586

$12,537,586

State General Funds

$12,537,586

$12,537,586

$12,537,586

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$12,627,586

$12,627,586

$12,627,586

Section Total - Final

TOTAL STATE FUNDS

$12,878,792

$12,878,792

$12,751,212

State General Funds

$12,878,792

$12,878,792

$12,751,212

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$12,968,792

$12,968,792

$12,841,212

Court of Appeals

Continuation Budget

The purpose of this court is to review and exercise appellate and certiorari jurisdiction in all cases not reserved to the

Supreme Court or conferred on other courts by law.

TOTAL STATE FUNDS

$12,537,586

$12,537,586

$12,537,586

State General Funds

$12,537,586

$12,537,586

$12,537,586

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

Sales and Services Not Itemized

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$12,627,586

$12,627,586

$12,627,586

Changes in Operations / Administration

15.1 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$125,465

$125,465

$125,465

15.2 Provide additional funding for an increase in real estate rents due to occupancy of new space in Health Building.

State General Funds

$67,773

$67,773

$67,773

2546

JOURNAL OF THE SENATE

15.3 Provide funding to pay for new GTA Billing Costs related to PeopleSoft HRMS and Financials.

State General Funds

$20,388

$20,388

$20,388

15.4 Provide for a salary increase in of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

15.5 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

15.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%.(H and S:YES)

State General Funds

$0

$0

Changes in the Size of the Program

15.7 Increase funds to fill an open administrative position and a record clerk position.

State General Funds

$127,580

$127,580

$0

15. Court of Appeals

Appropriation (HB1027)

The purpose of this court is to review and exercise appellate and certiorari jurisdiction in all cases not reserved to the

Supreme Court or conferred on other courts by law.

TOTAL STATE FUNDS

$12,878,792

$12,878,792

$12,751,212

State General Funds

$12,878,792

$12,878,792

$12,751,212

TOTAL AGENCY FUNDS

$90,000

$90,000

$90,000

Sales and Services

$90,000

$90,000

$90,000

Sales and Services Not Itemized

$90,000

$90,000

$90,000

TOTAL PUBLIC FUNDS

$12,968,792

$12,968,792

$12,841,212

Section 6: Judicial Council

Section Total - Continuation

TOTAL STATE FUNDS

$14,176,292

$14,176,292

$14,176,292

State General Funds

$14,176,292

$14,176,292

$14,176,292

TOTAL PUBLIC FUNDS

$14,176,292

$14,176,292

$14,176,292

Section Total - Final

TOTAL STATE FUNDS

$16,208,743

$13,823,743

$10,747,129

State General Funds

$16,208,743

$13,823,743

$10,747,129

TOTAL FEDERAL FUNDS

$235,282

$235,282

$2,591,770

Federal Funds Not Itemized

$235,282

$235,282

$2,258,437

THURSDAY, MARCH 23, 2006

2547

Prevention & Treatment of Substance Abuse Block Grant

$333,333

CFDA93.959

TOTAL AGENCY FUNDS

$633,460

Sales and Services

$633,460

TOTAL PUBLIC FUNDS

$16,444,025

$14,059,025

$13,972,359

Georgia Office of Dispute Resolution

Continuation Budget

The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

TOTAL STATE FUNDS

$362,494

$362,494

$362,494

State General Funds

$362,494

$362,494

$362,494

TOTAL PUBLIC FUNDS

$362,494

$362,494

$362,494

Changes in Operations / Administration

16.1 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$2,889

$2,889

$2,889

16.4 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

16.5 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from

14.20% to 16.713%.(H and S:YES)

State General Funds

$0

$0

16.6 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

Changes in How the Program is Funded

16.7 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$189,640

Changes in the Size of the Program

16.2 Provide for an additional project administrator position.

State General Funds

$50,000

$50,000

$0

16.3 Provide funds to train 600 Domestic Relations Mediators in the new Child Support Guidelines.

State General Funds

$7,684

$7,684

$0

16. Georgia Office of Dispute Resolution

Appropriation (HB1027)

The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs

in Georgia.

2548

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$423,067

$423,067

$365,383

State General Funds

$423,067

$423,067

$365,383

TOTAL AGENCY FUNDS

$189,640

Sales and Services

$189,640

Sales and Services Not Itemized

$189,640

TOTAL PUBLIC FUNDS

$423,067

$423,067

$555,023

Institute of Continuing Judicial Education

Continuation Budget

The purpose is to provide basic training and continuing education to elected officials, court support personnel and

volunteer agents of the State's judicial branch.

TOTAL STATE FUNDS

$1,126,382

$1,126,382

$1,126,382

State General Funds

$1,126,382

$1,126,382

$1,126,382

TOTAL PUBLIC FUNDS

$1,126,382

$1,126,382

$1,126,382

Changes in How the Program is Funded

17.7 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$214,326

Changes in the Size of the Program

17.1 Increase funds to contract for the design and delivery of a certificate program for Georgia Court Administrators.

State General Funds

$40,000

$40,000

$0

17.2 Provide funding to underwrite the cost of the personal security summit, a course which provides training on the

steps that judges and court personnel should take in order to enhance their own security.

State General Funds

$10,000

$10,000

$0

17.3 Provide funds to recover the 15% reduction in funding between FY2003 and FY2004. These funds will restore

routine constituent services reduced to absorb the reduction.

State General Funds

$50,000

$50,000

$0

17.4 Provide additional funding to cover the expense of taking part in Continuing Judicial Education (CJE) for 40 new

judgeships, superior court and state court positions created since 1996.

State General Funds

$60,000

$60,000

$0

17.5 Transfer the Court Business Process Section Training ($170,138), the Macon Training Facility ($95,081), the

Georgia Council of Court Administrators ($4,884) and the Georgia Law School Consortium ($180,939) from the

Administrative Office of the Courts.

THURSDAY, MARCH 23, 2006

2549

State General Funds

$451,042

17.6 Reduce funds for the Georgia Law School Consortium.

State General Funds

($49,350)

17. Institute of Continuing Judicial Education

Appropriation (HB1027)

The purpose of this appropriation is to provide basic training and continuing education to elected officials, court support

personnel and volunteer agents of the State's judicial branch.

TOTAL STATE FUNDS

$1,286,382

$1,286,382

$1,528,074

State General Funds

$1,286,382

$1,286,382

$1,528,074

TOTAL AGENCY FUNDS

$214,326

Sales and Services

$214,326

Sales and Services Not Itemized

$214,326

TOTAL PUBLIC FUNDS

$1,286,382

$1,286,382

$1,742,400

Judicial Council

Continuation Budget

The purpose is to consult with and assist judges, administrators, clerks of court, and other officers and employees of the

court pertaining to matters relating to court administration.

TOTAL STATE FUNDS

$10,629,370

$10,629,370

$10,629,370

State General Funds

$10,629,370

$10,629,370

$10,629,370

TOTAL PUBLIC FUNDS

$10,629,370

$10,629,370

$10,629,370

Changes in Operations / Administration

18.1 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$58,828

$58,828

$37,400

Changes in the Size of the Program

18.2 Provide $28,032 for increases in fuel costs to offset a portion of the increase in travel (mileage) costs and to fund

increases in printing charges.

State General Funds

$111,087

$111,087

$0

18.3 Provide funds to expand the number and amount of grants given to non-profits providing legal services to victims

in domestic violence cases.

State General Funds

$83,803

$83,803

$0

18.4 Increase funds for the Administrative Office of the Courts Technology Administration technology contracts for an

off-site location to back up all computer data.

2550

JOURNAL OF THE SENATE

State General Funds

$40,000

$40,000

$0

18.5 Reduce operations.

State General Funds

($1,000,000)

$0

18.6 Transfer funds to the Administrative Office of the Courts.

State General Funds

($10,666,770)

18. Judicial Council

Appropriation (HB1027)

The purpose of this appropriation is to consult with and assist judges, administrators, clerks of court, and other officers and

employees of the court pertaining to matters relating to court administration.

TOTAL STATE FUNDS

$10,923,088

$9,923,088

State General Funds

$10,923,088

$9,923,088

TOTAL PUBLIC FUNDS

$10,923,088

$9,923,088

Judicial Qualifications Commission

Continuation Budget

The purpose is to discipline, remove, and cause involuntary retirement of judges.

TOTAL STATE FUNDS

$258,046

$258,046

$258,046

State General Funds

$258,046

$258,046

$258,046

TOTAL PUBLIC FUNDS

$258,046

$258,046

$258,046

Changes in Operations / Administration

19.1 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$1,528

$1,528

$1,528

19.3 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

19.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%.(H and S:YES)

State General Funds

$0

$0

19.5 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

Changes in the Size of the Program

19.2 Provide funds to restructure the office and provide more efficient labor.(S:Use temporary position)

State General Funds

$10,426

$10,426

$0

19. Judicial Qualifications Commission

Appropriation (HB1027)

The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges.

THURSDAY, MARCH 23, 2006

2551

TOTAL STATE FUNDS

$270,000

$270,000

$259,574

State General Funds

$270,000

$270,000

$259,574

TOTAL PUBLIC FUNDS

$270,000

$270,000

$259,574

Resource Center

Continuation Budget

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

Changes in the Size of the Program

20.1 Provide additional contract funding for additional attorneys to handle the increased number of cases projected to

enter state habeas corpus proceedings.

State General Funds

$385,000

$0

$0

20. Resource Center

Appropriation (HB1027)

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS

$1,185,000

$800,000

$800,000

State General Funds

$1,185,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$1,185,000

$800,000

$800,000

Statewide Felony and Juvenile Drug Courts

Continuation Budget

The purpose of this program is to reduce recidivism among nonviolent substance abusing adult and juvenile offenders

through intensive, judicially-supervised case management. Funds for this program are used to support Superior Court

Judges' drug courts and other drug courts, through cooperation with the Judicial Council.

TOTAL STATE FUNDS

$1,000,000

$1,000,000

$1,000,000

State General Funds

$1,000,000

$1,000,000

$1,000,000

TOTAL PUBLIC FUNDS

$1,000,000

$1,000,000

$1,000,000

Changes in the Size of the Program

30.1 Transfer Statewide Felony and Juvenile Drug Courts from the Superior Courts.(H:YES)(S:YES)

State General Funds

$0

30.2 Provide funds for the Judicial Council Standing Committee on Drug Courts for start up and mature courts in the

state, training for personnel and to collect data on drug courts statewide.

State General Funds

$1,000,000

$0

$0

2552

JOURNAL OF THE SENATE

30. Statewide Felony and Juvenile Drug Courts

Appropriation (HB1027)

The purpose of this program is to reduce recidivism among nonviolent substance abusing adult and juvenile offenders

through intensive, judicially-supervised case management. Funds for this program are used to support Superior Court

Judges' drug courts and other drug courts, through cooperation with the Judicial Council.

TOTAL STATE FUNDS

$2,000,000

$1,000,000

$1,000,000

State General Funds

$2,000,000

$1,000,000

$1,000,000

TOTAL PUBLIC FUNDS

$2,000,000

$1,000,000

$1,000,000

Administrative Office of the Courts

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

419.9 SAC: The purpose of this appropriation is to (1) Consult with and assist judges, administrators, clerks of court, and

other officers and employees of the court pertaining to matters relating to court administration and provide such

services as are requested;(2) Examine the administrative and business methods and systems employed in the offices

related to and serving the courts and make recommendations for necessary improvement;(3) Compile statistical

and financial data and other information on the judicial work of the courts and on the work of other offices related

to and serving the courts, which data and information shall be provided by the courts;(4) Analyze data relating to

civil cases collected pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58

and provide such data, analysis, or both data and analysis to the courts and agencies of the judicial branch,

agencies of the executive branch, and the General Assembly;(5) Examine the state of the dockets and practices and

procedures of the courts and make recommendations for the expedition of litigation;(6) Act as fiscal officer and

prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the

judicial system;(7) Formulate and submit recommendations for the improvement of the judicial system;(8) Perform

such additional duties as may be assigned by the Judicial Council; and (9) Prepare and publish an annual report

on the work of the courts and on the activities of the Administrative Office of the Courts

State General Funds

$0

Changes in Operations / Administration

419.1 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

419.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%.(H and S:YES)

THURSDAY, MARCH 23, 2006

2553

State General Funds

$0

$0

419.3 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

Changes in the Size of the Program

419.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$2,023,155

Prevention & Treatment of Substance Abuse Block Grant

$333,333

CFDA93.959

Sales and Services Not Itemized

$229,494

TOTAL PUBLIC FUNDS

$2,585,982

419.5 Transfer Victims of Domestic Violence to Criminal Justice Coordinating Council.

State General Funds

($2,095,081)

419.6 Transfer funds and activities to the Institute of Continuing Judicial Education ($451,042), the Council of

Magistrate Court Judges ($60,416), the Council of Probate Court Judges ($60,138), the Council of State Court

Judges ($270,652), the Council of Municipal Court Judges ($19,534), Children, Family and the Courts ($203,500),

and Statewide Technology Programs ($2,666,192).

State General Funds

($3,731,474)

419.7 Transfer funds and activities from the Judicial Council.

State General Funds

$10,666,770

419.8 Reduce operating funds and agency to charge fees where applicable.

State General Funds

($1,300,000)

419. Administrative Office of the Courts

Appropriation (HB1027)

The purpose of this appropriation is to (1) Consult with and assist judges, administrators, clerks of court, and other officers

and employees of the court pertaining to matters relating to court administration and provide such services as are

requested;(2) Examine the administrative and business methods and systems employed in the offices related to and serving

the courts and make recommendations for necessary improvement;(3) Compile statistical and financial data and other

information on the judicial work of the courts and on the work of other offices related to and serving the courts, which data

and information shall be provided by the courts;(4) Analyze data relating to civil cases collected pursuant to subsection (b)

of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and provide such data, analysis, or both data and

analysis to the courts and agencies of the judicial branch, agencies of the executive branch, and the General Assembly;(5)

Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition

2554

JOURNAL OF THE SENATE

of litigation;(6) Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the

maintenance and operation of the judicial system;(7) Formulate and submit recommendations for the improvement of the

judicial system;(8) Perform such additional duties as may be assigned by the Judicial Council; and (9) Prepare and publish

an annual report on the work of the courts and on the activities of the Administrative Office of the Courts.

TOTAL STATE FUNDS

$3,540,215

State General Funds

$3,540,215

TOTAL FEDERAL FUNDS

$2,356,488

Federal Funds Not Itemized

$2,023,155

Prevention & Treatment of Substance Abuse Block Grant

$333,333

CFDA93.959

TOTAL AGENCY FUNDS

$229,494

Sales and Services

$229,494

Sales and Services Not Itemized

$229,494

TOTAL PUBLIC FUNDS

$6,126,197

Children and Family Court Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

420.3 SAC: The purpose of this appropriation is to improve the process of civil child abuse and neglect cases as they

move through Georgia's superior and juvenile courts.

State General Funds

$0

Changes in Operations / Administration

420.4 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$1,506

Changes in the Size of the Program

420.1 Provide matching funds for a new federal grant applied for to expand the Child Support Judicial Liaison program.

State General Funds

$121,206

$121,206

$121,206

Federal Funds Not Itemized

$235,282

$235,282

$235,282

TOTAL PUBLIC FUNDS

$356,488

$356,488

$356,488

420.2 Transfer funds and activities from the Administrative Office of the Courts.

State General Funds

$203,500

THURSDAY, MARCH 23, 2006

2555

420. Children and Family Court Services

Appropriation (HB1027)

The purpose of this appropriation is to improve the process of civil child abuse and neglect cases as they move through

Georgia's superior and juvenile courts.

TOTAL STATE FUNDS

$121,206

$121,206

$326,212

State General Funds

$121,206

$121,206

$326,212

TOTAL FEDERAL FUNDS

$235,282

$235,282

$235,282

Federal Funds Not Itemized

$235,282

$235,282

$235,282

TOTAL PUBLIC FUNDS

$356,488

$356,488

$561,494

Council of Magistrate Court Judges

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

421.1 SAC: The purpose of this appropriation is to further improve the magistrate courts and the administration of

justice.

State General Funds

$0

Changes in the Size of the Program

421.2 Transfer funds and activities from the Administrative Office of the Courts.

State General Funds

$60,416

421.3 Provide funds for an Executive Director and operating expenses.

State General Funds

$103,769

421.4 Provide $20,000 for Westlaw to all Magistrate Courts statewide.

State General Funds

$0

421. Council of Magistrate Court Judges

Appropriation (HB1027)

The purpose of this appropriation is to further improve the magistrate courts and the administration of justice.

TOTAL STATE FUNDS

$164,185

State General Funds

$164,185

TOTAL PUBLIC FUNDS

$164,185

Council of Municipal Court Judges

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

2556

JOURNAL OF THE SENATE

Changes to the Purpose or the Purpose Measure

422.1 SAC: The purpose of the council is to carry out statutory duties, further the improvement of the municipal courts

and the administration of justice, assist the judges of the municipal courts in the execution of their duties and

promote and assist in the training of such judges.

State General Funds

$0

Changes in the Size of the Program

422.2 Transfer funds and activities from the Administrative Office of the Courts.

State General Funds

$19,534

422. Council of Municipal Court Judges

Appropriation (HB1027)

The purpose of the council is to carry out statutory duties, further the improvement of the municipal courts and the

administration of justice, assist the judges of the municipal courts in the execution of their duties and promote and assist in

the training of such judges.

TOTAL STATE FUNDS

$19,534

State General Funds

$19,534

TOTAL PUBLIC FUNDS

$19,534

Council of Probate Court Judges

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

423.1 SAC: The purpose of this appropriation is to further improve the probate courts and the administration of justice.

State General Funds

$0

Changes in the Size of the Program

423.2 Transfer funds and activities from the Administrative Office of the Courts.

State General Funds

$60,138

423.3 Provide $20,000 for Westlaw to all Probate Courts statewide.

State General Funds

$0

423. Council of Probate Court Judges

Appropriation (HB1027)

The purpose of this appropriation is to further improve the probate courts and the administration of justice.

TOTAL STATE FUNDS

$60,138

State General Funds

$60,138

TOTAL PUBLIC FUNDS

$60,138

THURSDAY, MARCH 23, 2006

2557

Council of State Court Judges

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

424.1 SAC: The purpose of this appropriation is to improve the quality of justice in the communities served by the State

Courts of Georgia and to administer DUI Courts and the Mock Trial Assistance Program.

State General Funds

$0

Changes in Operations / Administration

424.2 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$1,682

Changes in the Size of the Program

424.3 Transfer funds and activities from the Administrative Office of the Courts.

State General Funds

$270,652

424.4 Provide $30,000 for the Mock Trial Program and the DUI court implementation program.

State General Funds

$0

424. Council of State Court Judges

Appropriation (HB1027)

The purpose of this appropriation is to improve the quality of justice in the communities served by the State Courts of

Georgia and to administer DUI Courts and the Mock Trial Assistance Program.

TOTAL STATE FUNDS

$272,334

State General Funds

$272,334

TOTAL PUBLIC FUNDS

$272,334

Statewide Technology Programs

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

425.1 SAC: The purpose of this appropriation is to provide information technology to the individual courts and the

judicial system.

State General Funds

$0

Changes in Operations / Administration

425.3 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$16,675

2558

JOURNAL OF THE SENATE

Changes in the Size of the Program

425.2 Transfer Technology Services ($1,770,657), Statewide Technology ($569,148) and the Georgia Courts Automation

Section ($326,387) from the Administrative Office of the Courts.

State General Funds

$2,666,192

425.4 Reduce operating funds and one-time funds for the Bearing Point Contract from the Georgia Courts Automation

Commission.

State General Funds

($271,387)

425. Statewide Technology Programs

Appropriation (HB1027)

The purpose of this appropriation is to provide information technology to the individual courts and the judicial system.

TOTAL STATE FUNDS

$2,411,480

State General Funds

$2,411,480

TOTAL PUBLIC FUNDS

$2,411,480

Section 7: Juvenile Courts

Section Total - Continuation

TOTAL STATE FUNDS

$6,233,940

$6,233,940

$6,233,940

State General Funds

$6,233,940

$6,233,940

$6,233,940

TOTAL PUBLIC FUNDS

$6,233,940

$6,233,940

$6,233,940

Section Total - Final

TOTAL STATE FUNDS

$6,449,545

$6,470,795

$6,449,545

State General Funds

$6,449,545

$6,470,795

$6,449,545

TOTAL FEDERAL FUNDS

$1,102,706

Federal Funds Not Itemized

$1,102,706

TOTAL PUBLIC FUNDS

$6,449,545

$6,470,795

$7,552,251

Council of Juvenile Court Judges

Continuation Budget

The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children

includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS

$1,519,101

$1,519,101

$1,519,101

State General Funds

$1,519,101

$1,519,101

$1,519,101

TOTAL PUBLIC FUNDS

$1,519,101

$1,519,101

$1,519,101

Changes in Operations / Administration

21.1 Provide for base adjustments and annualizers - salary annualizers ($40,216), computer maintenance ($1,000),

THURSDAY, MARCH 23, 2006

2559

travel ($30,000), GBA rent increase ($3,000), and match for federal funding ($13,000).

State General Funds

$113,882

$61,216

$61,216

21.2 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

21.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%.(H and S:YES)

State General Funds

$0

$0

21.4 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

21.5 Transfer funds to Grants to Counties to correct base budget.

State General Funds

($41,603)

($41,603)

Changes in How the Program is Funded

21.6 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,102,706

21. Council of Juvenile Court Judges

Appropriation (HB1027)

The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children

includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS

$1,632,983

$1,538,714

$1,538,714

State General Funds

$1,632,983

$1,538,714

$1,538,714

TOTAL FEDERAL FUNDS

$1,102,706

Federal Funds Not Itemized

$1,102,706

TOTAL PUBLIC FUNDS

$1,632,983

$1,538,714

$2,641,420

Grants to Counties for Juvenile Court Judges

Continuation Budget

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$4,714,839

$4,714,839

$4,714,839

State General Funds

$4,714,839

$4,714,839

$4,714,839

TOTAL PUBLIC FUNDS

$4,714,839

$4,714,839

$4,714,839

Changes in Operations / Administration

22.1 Provide for base adjustments and annualizers - annualize costs associated with an increase in judge days from two

days to three days per week for Toombs County ($10,430) and costs associated with implementation of HB334

($95,337).

2560

JOURNAL OF THE SENATE

State General Funds

$53,101

$105,767

$105,767

22.4 Transfer funds from the Council of Juvenile Court Judges to correct base budget.

State General Funds

$41,603

$41,603

Changes in the Size of the Program

22.2 Provide funds to implement HB334 for part-time judges compensation.

State General Funds

$48,622

$48,622

$48,622

22.3 Provide funding for four new judgeships and requirements in Houston, Blue Ridge, Coweta, and Paulding

Circuits.(S:Fund in FY2007A)

State General Funds

$21,250

$0

22. Grants to Counties for Juvenile Court Judges

Appropriation (HB1027)

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$4,816,562

$4,932,081

$4,910,831

State General Funds

$4,816,562

$4,932,081

$4,910,831

TOTAL PUBLIC FUNDS

$4,816,562

$4,932,081

$4,910,831

Section 8: Prosecuting Attorneys

Section Total - Continuation

TOTAL STATE FUNDS

$43,925,448

$43,925,448

$43,925,448

State General Funds

$43,925,448

$43,925,448

$43,925,448

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$1,767,046

Sales and Services

$1,767,046

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$45,692,494

$45,692,494

$45,692,494

Section Total - Final

TOTAL STATE FUNDS

$53,771,825

$52,218,154

$51,330,092

State General Funds

$53,771,825

$52,218,154

$51,330,092

TOTAL FEDERAL FUNDS

$2,151,046

Federal Funds Not Itemized

$2,151,046

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$4,004,800

Intergovernmental Transfers

$4,004,800

Sales and Services

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$55,538,871

$53,985,200

$57,485,938

District Attorneys

Continuation Budget

THURSDAY, MARCH 23, 2006

2561

The District Attorney represents the State of Georgia in the trial and appeal of felony criminal cases in the Superior Court

for the judicial circuit and delinquency cases in the juvenile courts.

TOTAL STATE FUNDS

$39,495,618

$39,495,618

$39,495,618

State General Funds

$39,495,618

$39,495,618

$39,495,618

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$1,767,046

Sales and Services

$1,767,046

$1,767,046

$1,767,046

Sales and Services Not Itemized

$1,767,046

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$41,262,664

$41,262,664

$41,262,664

Changes in Operations / Administration

23.1 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$421,046

$421,046

$421,046

23.2 Annualize the cost of five additional Assistant District Attorneys.

State General Funds

$388,290

$388,290

$194,145

23.3 Annualize the cost of seven additional Victim Advocate positions.

State General Funds

$296,262

$296,262

$148,131

23.4 Provide for base adjustments and annualizers for the Superior Court District Attorneys.(S:Restore funding to HB85

level)

State General Funds

$5,373,652

$4,429,830

$4,429,830

23.7 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

23.8 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%.(H and S:YES)

State General Funds

$0

$0

23.9 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

Changes in How the Program is Funded

23.10 Add funds to properly reflect operating budget represented in HB1026.

Intergovernmental Transfers Not Itemized

$4,004,800

23.11 Change base budget in agency funds to correct fund source type.

Federal Funds Not Itemized

$1,767,046

Sales and Services Not Itemized

($1,767,046)

2562

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$0

Changes in the Size of the Program

23.5 Provide funding for ten additional Victim Advocate positions.(S:Fund an additional Victim Advocate for Douglas

Judicial Circuit)

State General Funds

$439,552

$300,000

$512,810

23.6 Provide funding for four new judgeships and requirements in Houston, Blue Ridge, Coweta, and Paulding

Circuits.(S:Fund in FY2007A)

State General Funds

$209,790

$0

23. District Attorneys

Appropriation (HB1027)

The District Attorney represents the State of Georgia in the trial and appeal of felony criminal cases in the Superior Court

for the judicial circuit and delinquency cases in the juvenile courts.

TOTAL STATE FUNDS

$46,414,420

$45,540,836

$45,201,580

State General Funds

$46,414,420

$45,540,836

$45,201,580

TOTAL FEDERAL FUNDS

$1,767,046

Federal Funds Not Itemized

$1,767,046

TOTAL AGENCY FUNDS

$1,767,046

$1,767,046

$4,004,800

Intergovernmental Transfers

$4,004,800

Intergovernmental Transfers Not Itemized

$4,004,800

Sales and Services

$1,767,046

$1,767,046

Sales and Services Not Itemized

$1,767,046

$1,767,046

TOTAL PUBLIC FUNDS

$48,181,466

$47,307,882

$50,973,426

Prosecuting Attorney's Council

Continuation Budget

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$4,429,830

$4,429,830

$4,429,830

State General Funds

$4,429,830

$4,429,830

$4,429,830

TOTAL PUBLIC FUNDS

$4,429,830

$4,429,830

$4,429,830

Changes in Operations / Administration

24.1 Annualize the cost of the FY2006 salary adjustment.

State General Funds

$37,257

$37,257

$37,257

24.2 Annualize three additional positions in the Capital Litigation division.

State General Funds

$311,968

$311,968

$137,984

THURSDAY, MARCH 23, 2006

2563

24.3 Transfer funds from the Superior Court Judges to properly reflect where the positions in the DOAS contract are

utilized.(S:Council of Superior Court Judges are to share fiscal staff resources with Prosecuting Attorney's

Council)

State General Funds

$106,385

$106,385

$45,957

24.4 Provide for base adjustments and annualizer.(S:Restore base budget to HB85 level ($1,305,427) and provide funds

for rental increases ($8,897))

State General Funds

$1,663,805

$983,718

$1,044,324

24.9 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

24.10 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%.(H and S:YES)

State General Funds

$0

$0

24.11 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

One-Time Expense

24.5 Provide funds to initiate a judicial circuit integrated communication project which would connect the District

Attorney, Public Defender, Court Clerk, Sheriff and Superior Court Judge allowing them to share common

information.

State General Funds

$500,000

$500,000

$350,000

24.6 Provide funds to purchase current editions of "Daniel's Georgia Criminal Trial Practice" and "Georgia Rules of

Evidence" for all District Attorney offices.

State General Funds

$215,000

$215,000

$0

24.7 Provide funds to send District Attorneys to the Governor's Leadership Institute.

State General Funds

$10,000

$10,000

$0

Changes in How the Program is Funded

24.12 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$384,000

TOTAL PUBLIC FUNDS

$384,000

Changes in the Size of the Program

24.8 Provide funds for intern positions.

State General Funds

$83,160

$83,160

$83,160

2564

JOURNAL OF THE SENATE

24. Prosecuting Attorney's Council

Appropriation (HB1027)

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$7,357,405

$6,677,318

$6,128,512

State General Funds

$7,357,405

$6,677,318

$6,128,512

TOTAL FEDERAL FUNDS

$384,000

Federal Funds Not Itemized

$384,000

TOTAL PUBLIC FUNDS

$7,357,405

$6,677,318

$6,512,512

Section 9: Public Defender Standards Council, Georgia

Section Total - Continuation

TOTAL STATE FUNDS

$42,079,060

$42,079,060

$42,079,060

State General Funds

$42,079,060

$42,079,060

$42,079,060

TOTAL AGENCY FUNDS

$1,972,832

$1,972,832

$1,972,832

Interest and Investment Income

$1,972,832

$1,972,832

$1,972,832

TOTAL PUBLIC FUNDS

$44,051,892

$44,051,892

$44,051,892

Section Total - Final

TOTAL STATE FUNDS

$27,832,122

$27,832,122

$27,832,122

State General Funds

$27,832,122

$27,832,122

$27,832,122

TOTAL AGENCY FUNDS

$1,972,832

$1,972,832

$3,359,775

Interest and Investment Income

$1,972,832

$1,972,832

$3,359,775

TOTAL PUBLIC FUNDS

$29,804,954

$29,804,954

$31,191,897

Public Defender Standards Council

Continuation Budget

The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices

including all training. The Standards Council also represents persons charged with the death penalty after January 1,

2005, and provides training, assistance and direct representation in NGRI (Not Guilty by Reason of Insanity) cases.

TOTAL STATE FUNDS

$10,607,210

$10,607,210

$10,607,210

State General Funds

$10,607,210

$10,607,210

$10,607,210

TOTAL AGENCY FUNDS

$559,797

$559,797

$559,797

Interest and Investment Income

$559,797

$559,797

$559,797

Interest and Investment Income Not Itemized

$559,797

$559,797

$559,797

TOTAL PUBLIC FUNDS

$11,167,007

$11,167,007

$11,167,007

THURSDAY, MARCH 23, 2006

2565

Changes in Operations / Administration

25.1 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

25.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%.(H and S:YES)

State General Funds

$0

$0

25.3 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

Changes in How the Program is Funded

25.4 Add funds to properly reflect operating budget represented in HB1026.

Interest and Investment Income Not Itemized

$329,989

25. Public Defender Standards Council

Appropriation (HB1027)

The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices

including all training. The Standards Council also represents persons charged with the death penalty after January 1,

2005, and provides training, assistance and direct representation in NGRI (Not Guilty by Reason of Insanity) cases.

TOTAL STATE FUNDS

$10,607,210

$10,607,210

$10,607,210

State General Funds

$10,607,210

$10,607,210

$10,607,210

TOTAL AGENCY FUNDS

$559,797

$559,797

$889,786

Interest and Investment Income

$559,797

$559,797

$889,786

Interest and Investment Income Not Itemized

$559,797

$559,797

$889,786

TOTAL PUBLIC FUNDS

$11,167,007

$11,167,007

$11,496,996

Public Defenders

Continuation Budget

The purpose is to assure that adequate and effective legal representation is provided, independently of political

considerations or private interests, to indigent persons who are entitled to representation under this chapter.

TOTAL STATE FUNDS

$31,471,850

$31,471,850

$31,471,850

State General Funds

$31,471,850

$31,471,850

$31,471,850

TOTAL AGENCY FUNDS

$1,413,035

$1,413,035

$1,413,035

Interest and Investment Income

$1,413,035

$1,413,035

$1,413,035

Interest and Investment Income Not Itemized

$1,413,035

$1,413,035

$1,413,035

TOTAL PUBLIC FUNDS

$32,884,885

$32,884,885

$32,884,885

2566

JOURNAL OF THE SENATE

Changes in Operations / Administration

26.1 Redirect $2,276,693 from Public Defender circuit offices to Conflict Case Management

offices.(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

26.3 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

26.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20%

to 16.713%.(H and S:YES)

State General Funds

$0

$0

26.5 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

Changes in How the Program is Funded

26.6 Add funds to properly reflect operating budget represented in HB1026.

Interest and Investment Income Not Itemized

$1,056,954

Changes in the Size of the Program

26.2 Provide for a general reduction in operating expenses.

State General Funds

($14,246,938) ($14,246,938) ($14,246,938)

26. Public Defenders

Appropriation (HB1027)

The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of

political considerations or private interests, to indigent persons who are entitled to representation under this chapter.

TOTAL STATE FUNDS

$17,224,912

$17,224,912

$17,224,912

State General Funds

$17,224,912

$17,224,912

$17,224,912

TOTAL AGENCY FUNDS

$1,413,035

$1,413,035

$2,469,989

Interest and Investment Income

$1,413,035

$1,413,035

$2,469,989

Interest and Investment Income Not Itemized

$1,413,035

$1,413,035

$2,469,989

TOTAL PUBLIC FUNDS

$18,637,947

$18,637,947

$19,694,901

Section 10: Superior Courts

Section Total - Continuation

TOTAL STATE FUNDS

$50,488,656

$50,488,656

$50,488,656

State General Funds

$50,488,656

$50,488,656

$50,488,656

TOTAL PUBLIC FUNDS

$50,488,656

$50,488,656

$50,488,656

THURSDAY, MARCH 23, 2006

2567

Section Total - Final

TOTAL STATE FUNDS

$54,652,022

$54,043,008

$52,738,093

State General Funds

$54,652,022

$54,043,008

$52,738,093

TOTAL PUBLIC FUNDS

$54,652,022

$54,043,008

$52,738,093

Council of Superior Court Clerks

Continuation Budget

To assist superior court clerks throughout the state in the execution of their duties, and to promote and assist in their

training of the superior court clerks.

TOTAL STATE FUNDS

$144,925

$144,925

$144,925

State General Funds

$144,925

$144,925

$144,925

TOTAL PUBLIC FUNDS

$144,925

$144,925

$144,925

Changes in Operations / Administration

27.1 Provide base adjustments and annualizers - matching funds for the Georgia Department of Archives' Disaster

Recovery Grant ($15,958), training ($22,500), data integration pilot implementation ($50,000), and an increase in

administrative costs due to the above mentioned projects ($9,617).

State General Funds

$98,075

$98,075

$98,075

27. Council of Superior Court Clerks

Appropriation (HB1027)

To assist superior court clerks throughout the state in the execution of their duties, and to promote and assist in their

training of the superior court clerks.

TOTAL STATE FUNDS

$243,000

$243,000

$243,000

State General Funds

$243,000

$243,000

$243,000

TOTAL PUBLIC FUNDS

$243,000

$243,000

$243,000

Council of Superior Court Judges

Continuation Budget

The purpose of the Council of Superior Court Judges is to further the improvement of the superior court and the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

Changes in Operations / Administration

28.1 Provide base adjustments and annualizers - salary annualizers ($16,289), restore funds removed from Fiscal

Affairs transfer ($82,809), rent increases ($10,241), and equipment ($16,000).

2568

JOURNAL OF THE SENATE

State General Funds

$125,339

$125,339

$125,339

28.3 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

28.4 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from

14.20% to 16.713%.(H and S:YES)

State General Funds

$0

$0

28.5 Increase funds to reflect an adjustment in the Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

Changes in the Size of the Program

28.2 Provide funds to add an administrative assistant position to assist with workload.

State General Funds

$46,291

$46,291

$0

28. Council of Superior Court Judges

Appropriation (HB1027)

The purpose of the Council of Superior Court Judges is to further the improvement of the superior court and the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$971,630

$971,630

$925,339

State General Funds

$971,630

$971,630

$925,339

TOTAL PUBLIC FUNDS

$971,630

$971,630

$925,339

Judicial Administrative Districts

Continuation Budget

The purpose is to provide regional administrative support to the judges of the superior court. This support includes

managing budgets, policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS

$2,253,718

$2,253,718

$2,253,718

State General Funds

$2,253,718

$2,253,718

$2,253,718

TOTAL PUBLIC FUNDS

$2,253,718

$2,253,718

$2,253,718

Changes in Operations / Administration

29.1 Provide base adjustments and annualizers.

State General Funds

($68,997)

($68,997)

($68,997)

29. Judicial Administrative Districts

Appropriation (HB1027)

The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This

support includes managing budgets, policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS

$2,184,721

$2,184,721

$2,184,721

State General Funds

$2,184,721

$2,184,721

$2,184,721

THURSDAY, MARCH 23, 2006

2569

TOTAL PUBLIC FUNDS

$2,184,721

$2,184,721

$2,184,721

Superior Court Judges

Continuation Budget

The purpose is to be Georgia's general jurisdiction trial court and exercise exclusive, constitutional authority over felony

cases, divorce, equity and cases regarding title to land.

TOTAL STATE FUNDS

$47,290,013

$47,290,013

$47,290,013

State General Funds

$47,290,013

$47,290,013

$47,290,013

TOTAL PUBLIC FUNDS

$47,290,013

$47,290,013

$47,290,013

Changes in Operations / Administration

31.1 Provide base adjustments and annualizers - salary annualizers ($1,111,158), revised pay plan for judicial

secretaries ($1,867,638), restore funds removed by Fiscal Affairs transfer ($664,812), provide for increase in

operating expenses ($169,050), and provide for increases in travel and mileage costs ($150,000).(S:Delay

secretary pay plan)

State General Funds

$3,962,658

$2,162,658

$2,095,020

31.2 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

31.3 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from

14.20% to 16.713%.(H and S:YES)

State General Funds

$0

$0

31.4 Increase funds to reflect an adjustment in the Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

31.5 Provide for secretaries pay raise effective April 1, 2007.

State General Funds

$466,911

$0

Changes in the Size of the Program

31.6 Provide funding for four new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding

circuits.(S:Fund in FY2007A)

State General Funds

$724,075

$0

31.7 Transfer Statewide Felony and Juvenile Drug Courts to the Judicial Council.(H:YES)(S:YES)

State General Funds

$0

31. Superior Court Judges

Appropriation (HB1027)

The purpose of this appropriation is to be Georgia's general jurisdiction trial court and exercise exclusive, constitutional

authority over felony cases, divorce, equity and cases regarding title to land.

2570

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$51,252,671

$50,643,657

$49,385,033

State General Funds

$51,252,671

$50,643,657

$49,385,033

TOTAL PUBLIC FUNDS

$51,252,671

$50,643,657

$49,385,033

Section 11: Supreme Court

Section Total - Continuation

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

Section Total - Final

TOTAL STATE FUNDS

$7,969,323

$7,969,323

$7,921,323

State General Funds

$7,969,323

$7,969,323

$7,921,323

TOTAL PUBLIC FUNDS

$7,969,323

$7,969,323

$7,921,323

Supreme Court of Georgia

Continuation Budget

The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of

a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a

law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest.

TOTAL STATE FUNDS

$7,647,980

$7,647,980

$7,647,980

State General Funds

$7,647,980

$7,647,980

$7,647,980

TOTAL PUBLIC FUNDS

$7,647,980

$7,647,980

$7,647,980

Changes in Operations / Administration

32.1 Provide for base adjustments and annualizers - salary annualizers ($60,580), funding for the Collaborative Multi-

State Case Management System ($250,000), and an increase in the annual assessment paid to the National Center

for State Courts ($10,763).

State General Funds

$321,343

$321,343

$321,343

32.2 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES)

State General Funds

$0

$0

32.3 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from

14.20% to 16.713%.(H and S:YES)

State General Funds

$0

$0

32.4 Increase funds to reflect an adjustment in the Workers' Compensation premiums.(H and S:YES)

State General Funds

$0

$0

THURSDAY, MARCH 23, 2006

2571

32.5 Reduce funds used for lobbyists.

State General Funds

($48,000)

32. Supreme Court of Georgia

Appropriation (HB1027)

The purpose of this appropriation is to be a court of review and exercise exclusive appellate jurisdiction in all cases

involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in

which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of

election contest.

TOTAL STATE FUNDS

$7,969,323

$7,969,323

$7,921,323

State General Funds

$7,969,323

$7,969,323

$7,921,323

TOTAL PUBLIC FUNDS

$7,969,323

$7,969,323

$7,921,323

Section 12: Accounting Office, State

Section Total - Continuation

TOTAL STATE FUNDS

$1,723,889

$1,723,889

$1,723,889

State General Funds

$1,723,889

$1,723,889

$1,723,889

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$10,579,683

$10,579,683

$10,579,683

Section Total - Final

TOTAL STATE FUNDS

$6,802,841

$6,802,841

$6,802,841

State General Funds

$6,802,841

$6,802,841

$6,802,841

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,973,456

$8,973,456

$8,973,456

TOTAL PUBLIC FUNDS

$15,776,297

$15,776,297

$15,776,297

State Accounting Office

Continuation Budget

The purpose is to support statewide People Soft financials and human capital management, to provide the comprehensive

annual financial report of Georgia, and to create accounting procedures and policies for state agencies.

TOTAL STATE FUNDS

$1,723,889

$1,723,889

$1,723,889

State General Funds

$1,723,889

$1,723,889

$1,723,889

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,855,794

$8,855,794

$8,855,794

Accounting System Assessments

$8,855,794

$8,855,794

$8,855,794

TOTAL PUBLIC FUNDS

$10,579,683

$10,579,683

$10,579,683

Statewide Changes

33.1 GTA, GBA, WC, COLA, SHBP and Annualizer

2572

JOURNAL OF THE SENATE

State General Funds

$146,339

$146,339

$146,339

Accounting System Assessments

$117,662

$117,662

$117,662

TOTAL PUBLIC FUNDS

$264,001

$264,001

$264,001

Changes in Operations / Administration

33.2 Fund a rate increase for the PeopleSoft maintenance contract.

State General Funds

$78,618

$78,618

$78,618

Changes in the Size of the Program

33.3 Fully fund five positions in statewide operations.

State General Funds

$355,018

$355,018

$355,018

33.4 Increase funds to implement a Consolidated Banking initiative to reduce fees and increase earnings.

State General Funds

$538,868

$538,868

$538,868

33.5 Increase funds to implement an Accounts Receivable initiative.

State General Funds

$300,000

$300,000

$300,000

33.6 Increase funds to create the Statewide Reporting tool.

State General Funds

$2,464,909

$2,464,909

$2,464,909

33.7 Increase funds to implement the PeopleSoft CAFR tool.

State General Funds

$1,195,200

$1,195,200

$1,195,200

33. State Accounting Office

Appropriation (HB1027)

The purpose of this appropriation is to support statewide People Soft financials and human capital management, to provide

the comprehensive annual financial report of Georgia, and to create accounting procedures and policies for state agencies.

TOTAL STATE FUNDS

$6,802,841

$6,802,841

$6,802,841

State General Funds

$6,802,841

$6,802,841

$6,802,841

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$8,973,456

$8,973,456

$8,973,456

Accounting System Assessments

$8,973,456

$8,973,456

$8,973,456

TOTAL PUBLIC FUNDS

$15,776,297

$15,776,297

$15,776,297

Section 13: Administrative Services, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$24,762,477

$24,762,477

$24,762,477

State General Funds

$24,762,477

$24,762,477

$24,762,477

TOTAL AGENCY FUNDS

$9,923,958

$9,923,958

$9,923,958

Reserved Fund Balances

$2,020,000

$2,020,000

$2,020,000

THURSDAY, MARCH 23, 2006

2573

Interest and Investment Income

$262,121

$262,121

$262,121

Rebates, Refunds, and Reimbursements

$497,831

$497,831

$497,831

Royalties and Rents

$210,151

$210,151

$210,151

Sales and Services

$6,933,855

$6,933,855

$6,933,855

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$143,043,553 $143,043,553 $143,043,553

TOTAL PUBLIC FUNDS

$177,729,988 $177,729,988 $177,729,988

Section Total - Final

TOTAL STATE FUNDS

$23,216,619

$20,716,619

$21,016,619

State General Funds

$23,216,619

$20,716,619

$21,016,619

TOTAL AGENCY FUNDS

$5,662,153

$5,662,153

$6,349,337

Reserved Fund Balances

$379,184

Interest and Investment Income

$262,121

$262,121

$262,121

Rebates, Refunds, and Reimbursements

$537,805

$537,805

$537,805

Royalties and Rents

$214,726

$214,726

$214,726

Sales and Services

$4,647,501

$4,647,501

$4,955,501

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$143,445,679 $143,445,679 $144,107,968

TOTAL PUBLIC FUNDS

$172,324,451 $169,824,451 $171,473,924

Bulk Paper Sales

Continuation Budget

The purpose is to reduce cost through aggregation of demand for paper in bulk quantities.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL AGENCY FUNDS

$2,353,715

$2,353,715

$2,353,715

Sales and Services

$2,353,715

$2,353,715

$2,353,715

Sales and Services Not Itemized

$2,353,715

$2,353,715

$2,353,715

TOTAL PUBLIC FUNDS

$2,353,715

$2,353,715

$2,353,715

Changes in the Size of the Program

34.1 Eliminate the Bulk Paper Sales program.

Sales and Services Not Itemized

($2,261,523)

($2,261,523)

($2,261,523)

34.2 Transfer one position and salary to Surplus Property program.

Sales and Services Not Itemized

($92,192)

($92,192)

($92,192)

Departmental Administration

Continuation Budget

The purpose is to provide administrative support to all department programs.

2574

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$3,514,361

$3,514,361

$3,514,361

State General Funds

$3,514,361

$3,514,361

$3,514,361

TOTAL AGENCY FUNDS

$849,268

$849,268

$849,268

Interest and Investment Income

$62,121

$62,121

$62,121

Interest and Investment Income Not Itemized

$62,121

$62,121

$62,121

Royalties and Rents

$59,151

$59,151

$59,151

Royalties and Rents Not Itemized

$59,151

$59,151

$59,151

Sales and Services

$727,996

$727,996

$727,996

Sales and Services Not Itemized

$727,996

$727,996

$727,996

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,180,740

$1,180,740

$1,180,740

Agency to Agency Contracts

$21,818

$21,818

$21,818

Mail and Courier Services

$250,719

$250,719

$250,719

Motor Vehicle Rental Payments

$203,686

$203,686

$203,686

Risk Management Assessments

$704,517

$704,517

$704,517

TOTAL PUBLIC FUNDS

$5,544,369

$5,544,369

$5,544,369

Statewide Changes

35.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$251,324

$251,324

$251,324

Risk Management Assessments

$54,652

$54,652

$54,652

TOTAL PUBLIC FUNDS

$305,976

$305,976

$305,976

Changes in the Size of the Program

35.2 Reduce funds.

State General Funds

($70,479)

($70,479)

($70,479)

35.3 Reduce funds based on planned expenditures against reserves.

State General Funds

($200,000)

35. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$3,695,206

$3,695,206

$3,495,206

State General Funds

$3,695,206

$3,695,206

$3,495,206

TOTAL AGENCY FUNDS

$849,268

$849,268

$849,268

Interest and Investment Income

$62,121

$62,121

$62,121

THURSDAY, MARCH 23, 2006

2575

Interest and Investment Income Not Itemized Royalties and Rents
Royalties and Rents Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS

$62,121 $59,151 $59,151 $727,996 $727,996 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,779,866

$62,121 $59,151 $59,151 $727,996 $727,996 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,779,866

$62,121 $59,151 $59,151 $727,996 $727,996 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,579,866

Fiscal Services

Continuation Budget

The purpose is to provide administrative functions, services, and equipment necessary for the fulfillment of the

responsibilities of the superior courts, to provide pass-thru to appropriate authorities, and to act as administrative

managers of attached agencies.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$307,228

$307,228

$307,228

Agency to Agency Contracts

$307,228

$307,228

$307,228

TOTAL PUBLIC FUNDS

$307,228

$307,228

$307,228

Statewide Changes

36.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Agency to Agency Contracts

$14,809

$14,809

$14,809

Changes to the Purpose or the Purpose Measure

36.2 SAC: The purpose of this appropriation is to provide administrative functions and services necessary for the

fulfillment of the responsibilities of the Superior Courts.

House: To provide administrative functions and services necessary for the fulfillment of the responsibilities of the

Superior Courts.

Agency to Agency Contracts

$0

$0

2576

JOURNAL OF THE SENATE

36. Fiscal Services

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative functions and services necessary for the fulfillment of the

responsibilities of the Superior Courts.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$322,037

$322,037

$322,037

Agency to Agency Contracts

$322,037

$322,037

$322,037

TOTAL PUBLIC FUNDS

$322,037

$322,037

$322,037

Fleet Management

Continuation Budget

The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle

fleet.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,409,075

$2,409,075

$2,409,075

Motor Vehicle Rental Payments

$2,409,075

$2,409,075

$2,409,075

TOTAL PUBLIC FUNDS

$2,409,075

$2,409,075

$2,409,075

Statewide Changes

37.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Motor Vehicle Rental Payments

$37,369

$37,369

$37,369

Changes to the Purpose or the Purpose Measure

37.2 SAC: The purpose of this appropriation is, in conjunction with OPB, to centralize state government motor vehicle

fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs

associated with vehicle ownership.

House: In conjunction with OPB, the program centralizes State government motor vehicle fleet management

functions to ensure efficient cost effective fleet operations and to minimize the life-cycle costs associated with

vehicle ownership.

Motor Vehicle Rental Payments

$0

$0

Changes in the Size of the Program

37.3 Transfer one position and salary from Service Contract Management program.

Motor Vehicle Rental Payments

$56,220

$56,220

$56,220

37.4 Add funds to properly reflect operating budget represented in HB1026.

Motor Vehicle Rental Payments

$100,000

37. Fleet Management

Appropriation (HB1027)

THURSDAY, MARCH 23, 2006

2577

The purpose of this appropriation is, in conjunction with OPB, to centralize state government motor vehicle fleet

management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated

with vehicle ownership.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,502,664

$2,502,664

$2,602,664

Motor Vehicle Rental Payments

$2,502,664

$2,502,664

$2,602,664

TOTAL PUBLIC FUNDS

$2,502,664

$2,502,664

$2,602,664

Mail and Courier

Continuation Budget

The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery

services.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,281,259

$1,281,259

$1,281,259

Mail and Courier Services

$1,281,259

$1,281,259

$1,281,259

TOTAL PUBLIC FUNDS

$1,281,259

$1,281,259

$1,281,259

Statewide Changes

38.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Mail and Courier Services

$25,551

$25,551

$25,551

Changes to the Purpose or the Purpose Measure

38.2 SAC: The purpose of this appropriation is to provide convenient, efficient, and cost effective services through

aggregation of demand for Capitol Hill and metro area mail and package delivery services.

House: To provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill

and metro area mail and package delivery services.

Mail and Courier Services

$0

$0

Changes in the Size of the Program

38.3 Transfer funds and activities from Service Contract Management program.

Mail and Courier Services

$80,832

$80,832

$80,832

38.4 Add funds to properly reflect operating budget represented in HB1026.

Mail and Courier Services

$13,500

38. Mail and Courier

Appropriation (HB1027)

The purpose of this appropriation is to provide convenient, efficient, and cost effective services through aggregation of

demand for Capitol Hill and metro area mail and package delivery services.

2578

JOURNAL OF THE SENATE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,387,642

$1,387,642

$1,401,142

Mail and Courier Services

$1,387,642

$1,387,642

$1,401,142

TOTAL PUBLIC FUNDS

$1,387,642

$1,387,642

$1,401,142

Risk Management

Continuation Budget

The purpose is cost minimization and fair treatment of citizens through effective claims management.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$137,263,943 $137,263,943 $137,263,943

Agency to Agency Contracts

$976,165

$976,165

$976,165

Liability Funds

$51,741,328

$51,741,328

$51,741,328

Property Insurance Funds

$20,659,798

$20,659,798

$20,659,798

Unemployment Compensation Funds

$8,045,289

$8,045,289

$8,045,289

Workers Compensation Funds

$55,841,363

$55,841,363

$55,841,363

TOTAL PUBLIC FUNDS

$137,263,943 $137,263,943 $137,263,943

Statewide Changes

39.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Agency to Agency Contracts

$2,258

$2,258

$2,258

Liability Funds

$23,488

$23,488

$23,488

Property Insurance Funds

$18,381

$18,381

$18,381

Unemployment Compensation Funds

$1,205

$1,205

$1,205

Workers Compensation Funds

$79,985

$79,985

$79,985

TOTAL PUBLIC FUNDS

$125,317

$125,317

$125,317

39. Risk Management

Appropriation (HB1027)

The purpose of this appropriation is cost minimization and fair treatment of citizens through effective claims management.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$137,389,260 $137,389,260 $137,389,260

Agency to Agency Contracts

$978,423

$978,423

$978,423

Liability Funds

$51,764,816

$51,764,816

$51,764,816

Property Insurance Funds

$20,678,179

$20,678,179

$20,678,179

Unemployment Compensation Funds

$8,046,494

$8,046,494

$8,046,494

Workers Compensation Funds

$55,921,348

$55,921,348

$55,921,348

TOTAL PUBLIC FUNDS

$137,389,260 $137,389,260 $137,389,260

THURSDAY, MARCH 23, 2006

2579

Service Contract Management

Continuation Budget

The purpose is to provide customer cost avoidance for service contracts through aggregation of demand, competitive

procurement, and contract management.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

TOTAL AGENCY FUNDS

$140,330

$140,330

$140,330

Sales and Services

$140,330

$140,330

$140,330

Sales and Services Not Itemized

$140,330

$140,330

$140,330

TOTAL PUBLIC FUNDS

$140,330

$140,330

$140,330

Changes in the Size of the Program

40.1 Eliminate the Service Contract Management program.

Sales and Services Not Itemized

($3,278)

($3,278)

($3,278)

40.2 Transfer one position and salary to Fleet Management program.

Sales and Services Not Itemized

($56,220)

($56,220)

($56,220)

40.3 Transfer funds and activities to Mail and Courier program.

Sales and Services Not Itemized

($80,832)

($80,832)

($80,832)

State Purchasing

Continuation Budget

The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement.

TOTAL STATE FUNDS

$16,623,841

$16,623,841

$16,623,841

State General Funds

$16,623,841

$16,623,841

$16,623,841

TOTAL AGENCY FUNDS

$2,167,831

$2,167,831

$2,167,831

Reserved Fund Balances

$2,020,000

$2,020,000

$2,020,000

Reserved Fund Balances Not Itemized

$2,020,000

$2,020,000

$2,020,000

Rebates, Refunds, and Reimbursements

$147,831

$147,831

$147,831

Rebates, Refunds, and Reimbursements Not Itemized

$147,831

$147,831

$147,831

TOTAL PUBLIC FUNDS

$18,791,672

$18,791,672

$18,791,672

Statewide Changes

41.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$311,771

$311,771

$311,771

Rebates, Refunds, and Reimbursements Not Itemized

$37,172

$37,172

$37,172

TOTAL PUBLIC FUNDS

$348,943

$348,943

$348,943

2580

JOURNAL OF THE SENATE

Changes to the Purpose or the Purpose Measure

41.2 SAC: The purpose of this appropriation is to reduce cost through aggregation of purchasing demand for state and

local governments and to provide fair and equitable access through open, structured competitive procurement.

House: To reduce cost through aggregation of purchasing demand for state and local governments and to provide

fair and equitable access through open, structured competitive procurement.

State General Funds

$0

$0

One-Time Expense

41.3 Eliminate one-time funding for the Commission for a New Georgia's Procurement initiative.

State General Funds

($11,195,400) ($11,195,400) ($11,195,400)

Reserved Fund Balances Not Itemized

($2,020,000)

($2,020,000)

($2,020,000)

TOTAL PUBLIC FUNDS

($13,215,400) ($13,215,400) ($13,215,400)

Changes in How the Program is Funded

41.4 Reduce processing time and capture savings by funding an increase for the E-Procurement System for the

Commission for a New Georgia's Procurement initiative.

State General Funds

$2,020,000

$2,020,000

$2,020,000

Changes in the Size of the Program

41.5 Improve stewardship of assets and capture operation efficiencies by increasing funds for the Commission for a

New Georgia's Enterprise Asset Management System.

State General Funds

$1,705,000

$1,705,000

$1,705,000

41.6 Add funds to properly reflect operating budget represented in HB1026.

Reserved Fund Balances Not Itemized

$379,184

Agency to Agency Contracts

$468,789

TOTAL PUBLIC FUNDS

$847,973

41. State Purchasing

Appropriation (HB1027)

The purpose of this appropriation is to reduce cost through aggregation of purchasing demand for state and local

governments and to provide fair and equitable access through open, structured competitive procurement.

TOTAL STATE FUNDS

$9,465,212

$9,465,212

$9,465,212

State General Funds

$9,465,212

$9,465,212

$9,465,212

TOTAL AGENCY FUNDS

$185,003

$185,003

$564,187

Reserved Fund Balances

$379,184

Reserved Fund Balances Not Itemized

$379,184

THURSDAY, MARCH 23, 2006

2581

Rebates, Refunds, and Reimbursements

$185,003

$185,003

$185,003

Rebates, Refunds, and Reimbursements Not Itemized

$185,003

$185,003

$185,003

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$468,789

Agency to Agency Contracts

$468,789

TOTAL PUBLIC FUNDS

$9,650,215

$9,650,215

$10,498,188

Surplus Property

Continuation Budget

The purpose is to reduce cost through maximization of the useful life of state-owned equipment.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

TOTAL AGENCY FUNDS

$1,885,035

$1,885,035

$1,885,035

Sales and Services

$1,885,035

$1,885,035

$1,885,035

Sales and Services Not Itemized

$1,885,035

$1,885,035

$1,885,035

TOTAL PUBLIC FUNDS

$1,885,035

$1,885,035

$1,885,035

Statewide Changes

42.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Sales and Services Not Itemized

$66,506

$66,506

$66,506

Changes to the Purpose or the Purpose Measure

42.2 SAC: The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned

equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public

through auction.

House: To reduce cost through maximization of the useful life of state-owned equipment and redistribution of

property to state and local governments, qualifying non-profits, and to the public through auction.

Sales and Services Not Itemized

$0

$0

Changes in the Size of the Program

42.3 Transfer one position and salary from Bulk Paper Sales program.

Sales and Services Not Itemized

$92,192

$92,192

$92,192

42.4 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$308,000

42. Surplus Property

Appropriation (HB1027)

The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and

redistribution of property to state and local governments, qualifying non-profits, and to the public through auction.

2582

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$2,043,733

$2,043,733

$2,351,733

Sales and Services

$2,043,733

$2,043,733

$2,351,733

Sales and Services Not Itemized

$2,043,733

$2,043,733

$2,351,733

TOTAL PUBLIC FUNDS

$2,043,733

$2,043,733

$2,351,733

U.S. Post Office

Continuation Budget

The purpose is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS

$9,593

$9,593

$9,593

State General Funds

$9,593

$9,593

$9,593

TOTAL AGENCY FUNDS

$151,000

$151,000

$151,000

Royalties and Rents

$151,000

$151,000

$151,000

Royalties and Rents Not Itemized

$151,000

$151,000

$151,000

TOTAL PUBLIC FUNDS

$160,593

$160,593

$160,593

Statewide Changes

43.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$8,128

$8,128

$8,128

Royalties and Rents Not Itemized

$4,575

$4,575

$4,575

TOTAL PUBLIC FUNDS

$12,703

$12,703

$12,703

43. U.S. Post Office

Appropriation (HB1027)

The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals.

TOTAL STATE FUNDS

$17,721

$17,721

$17,721

State General Funds

$17,721

$17,721

$17,721

TOTAL AGENCY FUNDS

$155,575

$155,575

$155,575

Royalties and Rents

$155,575

$155,575

$155,575

Royalties and Rents Not Itemized

$155,575

$155,575

$155,575

TOTAL PUBLIC FUNDS

$173,296

$173,296

$173,296

Administrative Hearings, Office of State

Continuation Budget

The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

TOTAL STATE FUNDS

$3,717,517

$3,717,517

$3,717,517

State General Funds

$3,717,517

$3,717,517

$3,717,517

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$601,308

$601,308

$601,308

Administrative Hearing Payments

$601,308

$601,308

$601,308

THURSDAY, MARCH 23, 2006

2583

TOTAL PUBLIC FUNDS

$4,318,825

$4,318,825

$4,318,825

Statewide Changes

44.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$186,086

$186,086

$186,086

Administrative Hearing Payments

$7,376

$7,376

$7,376

TOTAL PUBLIC FUNDS

$193,462

$193,462

$193,462

Changes in the Size of the Program

44.2 Reduce funds.

State General Funds

($74,351)

($74,351)

($74,351)

44.3 Add funds to properly reflect operating budget represented in HB1026.

Administrative Hearing Payments

$80,000

44. Administrative Hearings, Office of State

Appropriation (HB1027)

The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public

and state agencies.

TOTAL STATE FUNDS

$3,829,252

$3,829,252

$3,829,252

State General Funds

$3,829,252

$3,829,252

$3,829,252

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$608,684

$608,684

$688,684

Administrative Hearing Payments

$608,684

$608,684

$688,684

TOTAL PUBLIC FUNDS

$4,437,936

$4,437,936

$4,517,936

Hazardous Materials, Agency for the Removal of

Continuation Budget

The purpose is to establish and administer a program for the abatement and removal of asbestos and other hazardous

materials from premises of the state.

TOTAL STATE FUNDS

$85,354

$85,354

$85,354

State General Funds

$85,354

$85,354

$85,354

TOTAL PUBLIC FUNDS

$85,354

$85,354

$85,354

45. Hazardous Materials, Agency for the Removal of

Appropriation (HB1027)

The purpose of this appropriation is to establish and administer a program for the abatement and removal of asbestos and

other hazardous materials from premises of the state.

TOTAL STATE FUNDS

$85,354

$85,354

$85,354

State General Funds

$85,354

$85,354

$85,354

TOTAL PUBLIC FUNDS

$85,354

$85,354

$85,354

2584

JOURNAL OF THE SENATE

Health Planning Review Board

Continuation Budget

The purpose is to review decisions made by hearing officers.

TOTAL STATE FUNDS

$60,473

$60,473

$60,473

State General Funds

$60,473

$60,473

$60,473

TOTAL PUBLIC FUNDS

$60,473

$60,473

$60,473

46. Health Planning Review Board

Appropriation (HB1027)

The purpose of this appropriation is to review decisions made by hearing officers.

TOTAL STATE FUNDS

$60,473

$60,473

$60,473

State General Funds

$60,473

$60,473

$60,473

TOTAL PUBLIC FUNDS

$60,473

$60,473

$60,473

Payments to Georgia Technology Authority

Continuation Budget

The purpose is to provide for procurement of technology resources, enterprise management, and portfolio management as

well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access online or in

volume, of certain public information maintained in electronic format to the public.

TOTAL STATE FUNDS

$396,769

$396,769

$396,769

State General Funds

$396,769

$396,769

$396,769

TOTAL PUBLIC FUNDS

$396,769

$396,769

$396,769

Statewide Changes

47.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Sales and Services Not Itemized

$0

$0

$0

Changes in Operations / Administration

47.2 Reflect credits negotiated with vendors and to fund the Commission for a New Georgia's Information Technology

initiative. (G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

47.3 Reflect operational efficiencies and to fund hardware and software refresh at the Data Center.

(G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

Changes in the Size of the Program

47.4 Increase Payments to Georgia Technology Authority for the Statewide Wireless Broadband Initiative.

State General Funds

$5,000,000

$2,500,000

$3,000,000

THURSDAY, MARCH 23, 2006

2585

47. Payments to Georgia Technology Authority

Appropriation (HB1027)

The purpose of this appropriation is to provide for procurement of technology resources, enterprise management, and

portfolio management as well as the centralized marketing, provision, sale, and leasing, or execution of license agreements

for access online or in volume, of certain public information maintained in electronic format to the public.

TOTAL STATE FUNDS

$5,396,769

$2,896,769

$3,396,769

State General Funds

$5,396,769

$2,896,769

$3,396,769

TOTAL PUBLIC FUNDS

$5,396,769

$2,896,769

$3,396,769

Treasury and Fiscal Services, Office of

Continuation Budget

The purpose is to receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and

to pay all warrants legally drawn on the treasury.

TOTAL STATE FUNDS

$354,569

$354,569

$354,569

State General Funds

$354,569

$354,569

$354,569

TOTAL AGENCY FUNDS

$2,376,779

$2,376,779

$2,376,779

Interest and Investment Income

$200,000

$200,000

$200,000

Interest and Investment Income Not Itemized

$200,000

$200,000

$200,000

Rebates, Refunds, and Reimbursements

$350,000

$350,000

$350,000

Rebates, Refunds, and Reimbursements Not Itemized

$350,000

$350,000

$350,000

Sales and Services

$1,826,779

$1,826,779

$1,826,779

Sales and Services Not Itemized

$1,826,779

$1,826,779

$1,826,779

TOTAL PUBLIC FUNDS

$2,731,348

$2,731,348

$2,731,348

Statewide Changes

48.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$56,355

$56,355

$56,355

Rebates, Refunds, and Reimbursements Not Itemized

$2,802

$2,802

$2,802

Sales and Services Not Itemized

$48,993

$48,993

$48,993

TOTAL PUBLIC FUNDS

$108,150

$108,150

$108,150

Changes in Operations / Administration

48.2 Reduce funds to reflect an insurance policy rate adjustment.

State General Funds

($7,092)

($7,092)

($7,092)

2586

JOURNAL OF THE SENATE

Changes in the Size of the Program

48.3 Increase funding and add two new positions for the Consolidated Banking initiative.

State General Funds

$262,800

$262,800

$262,800

48. Treasury and Fiscal Services, Office of

Appropriation (HB1027)

The purpose of this appropriation is to receive and keep safely all monies which shall from time to time be paid to the

treasury of this state, and to pay all warrants legally drawn on the treasury.

TOTAL STATE FUNDS

$666,632

$666,632

$666,632

State General Funds

$666,632

$666,632

$666,632

TOTAL AGENCY FUNDS

$2,428,574

$2,428,574

$2,428,574

Interest and Investment Income

$200,000

$200,000

$200,000

Interest and Investment Income Not Itemized

$200,000

$200,000

$200,000

Rebates, Refunds, and Reimbursements

$352,802

$352,802

$352,802

Rebates, Refunds, and Reimbursements Not Itemized

$352,802

$352,802

$352,802

Sales and Services

$1,875,772

$1,875,772

$1,875,772

Sales and Services Not Itemized

$1,875,772

$1,875,772

$1,875,772

TOTAL PUBLIC FUNDS

$3,095,206

$3,095,206

$3,095,206

Section 14: Agriculture, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$40,871,168

$40,871,168

$40,871,168

State General Funds

$40,871,168

$40,871,168

$40,871,168

TOTAL FEDERAL FUNDS

$7,076,968

$7,076,968

$7,076,968

Federal Funds Not Itemized

$7,076,968

$7,076,968

$7,076,968

TOTAL AGENCY FUNDS

$1,657,042

$1,657,042

$1,657,042

Intergovernmental Transfers

$748,420

$748,420

$748,420

Sales and Services

$908,622

$908,622

$908,622

TOTAL PUBLIC FUNDS

$49,605,178

$49,605,178

$49,605,178

Section Total - Final

TOTAL STATE FUNDS

$42,815,078

$42,911,540

$42,946,178

State General Funds

$42,815,078

$42,911,540

$42,946,178

TOTAL FEDERAL FUNDS

$6,849,321

$6,849,321

$6,849,321

Federal Funds Not Itemized

$6,849,321

$6,849,321

$6,849,321

THURSDAY, MARCH 23, 2006

2587

TOTAL AGENCY FUNDS

$1,884,689

$1,884,689

$1,884,689

Intergovernmental Transfers

$663,868

$663,868

$663,868

Rebates, Refunds, and Reimbursements

$100,000

$100,000

$100,000

Sales and Services

$1,120,821

$1,120,821

$1,120,821

TOTAL PUBLIC FUNDS

$51,549,088

$51,645,550

$51,680,188

Athens and Tifton Veterinary Laboratories

Continuation Budget

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

TOTAL STATE FUNDS

$3,271,132

$3,271,132

$3,271,132

State General Funds

$3,271,132

$3,271,132

$3,271,132

TOTAL PUBLIC FUNDS

$3,271,132

$3,271,132

$3,271,132

Statewide Changes

49.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$41,542

$41,542

$41,542

Changes in Operations / Administration

49.2 Transfer pay raise funds for Athens/Tifton Veterinary Labs employees from the Board of Regents to the Department

of Agriculture.

State General Funds

$41,542

$41,542

$41,542

Changes in the Size of the Program

49.3 Fill one vacant pathologist position for early detection and treatment of diseases affecting livestock, wildlife, and

companion animals.

State General Funds

$130,845

$130,845

$130,845

49. Athens and Tifton Veterinary Laboratories

Appropriation (HB1027)

The purpose of this appropriation is to ensure the safety of our food supply and the health of animals (production, equine

and companion) within the State of Georgia.

TOTAL STATE FUNDS

$3,485,061

$3,485,061

$3,485,061

State General Funds

$3,485,061

$3,485,061

$3,485,061

TOTAL PUBLIC FUNDS

$3,485,061

$3,485,061

$3,485,061

Consumer Protection

Continuation Budget

The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock.

TOTAL STATE FUNDS

$20,634,327

$20,634,327

$20,634,327

2588

JOURNAL OF THE SENATE

State General Funds

$20,634,327

$20,634,327

$20,634,327

TOTAL FEDERAL FUNDS

$7,020,116

$7,020,116

$7,020,116

Federal Funds Not Itemized

$7,020,116

$7,020,116

$7,020,116

TOTAL AGENCY FUNDS

$1,339,677

$1,339,677

$1,339,677

Intergovernmental Transfers

$748,420

$748,420

$748,420

Intergovernmental Transfers Not Itemized

$748,420

$748,420

$748,420

Sales and Services

$591,257

$591,257

$591,257

Sales and Services Not Itemized

$591,257

$591,257

$591,257

TOTAL PUBLIC FUNDS

$28,994,120

$28,994,120

$28,994,120

Statewide Changes

50.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$875,687

$875,687

$875,687

Changes to the Purpose or the Purpose Measure

50.7 SAC: The purpose of this appropriation is to ensure a safe food supply, ensure a safe and healthy supply of

agricultural products, ensure accurate commercial transactions that utilize weighing and measuring devices and to

protect animal health (production, equine & companion) for the Citizens of Georgia. The purpose will be

measured by the percent of licensed food establishments maintaining compliance and not requiring state level

administrative action.

House: To ensure a safe food supply, ensure a safe and healthy supply of agricultural products, ensure accurate

commercial transactions that utilize weighing and measuring devices and to protect animal health (production,

equine & companion) for the Citizens of Georgia

State General Funds

$0

$0

Changes in Operations / Administration

50.8 Transfer Seed Development Commission to Marketing and Promotion.

Intergovernmental Transfers Not Itemized

($663,868)

TOTAL PUBLIC FUNDS

($663,868)

Changes in the Size of the Program

50.2 Transfer funds from the Administration program and the Marketing and Promotion program to reflect program

expenditures.

State General Funds

$334,272

$334,272

$334,272

Federal Funds Not Itemized

($270,895)

($270,895)

($270,895)

THURSDAY, MARCH 23, 2006

2589

Intergovernmental Transfers Not Itemized

($84,552)

($84,552)

($84,552)

Rebates, Refunds, and Reimbursements Not Itemized

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$243,743

$243,743

$243,743

TOTAL PUBLIC FUNDS

$322,568

$322,568

$322,568

50.3 Fill three vacant plant pathologist positions to ensure the timely detection of and response to agricultural pests and

diseases. (H:Fill one vacant plant protection position.)(S:Fill two vacant plant protection positions)

State General Funds

$103,916

$34,638

$69,276

50.4 Fill one vacant inspector position and one vacant veterinary district supervisor position in the Meat Inspection

program to guarantee the safety of Georgia's meat supply.

State General Funds

$47,480

$47,480

$47,480

50.5 Fill three vacant food safety positions to provide adequate monitoring of Georgia's food supply.

State General Funds

$96,315

$96,315

$96,315

50.6 Transfer funds to the Administration program and Marketing and Promotion to meet expenses.

State General Funds

($6,332)

($6,332)

($6,332)

50. Consumer Protection

Appropriation (HB1027)

The purpose of this appropriation is to ensure a safe food supply, ensure a safe and healthy supply of agricultural products,

ensure accurate commercial transactions that utilize weighing and measuring devices and to protect animal health

(production, equine & companion) for the Citizens of Georgia. The purpose will be measured by the percent of licensed

food establishments maintaining compliance and not requiring state level administrative action.

TOTAL STATE FUNDS

$22,085,665

$22,016,387

$22,051,025

State General Funds

$22,085,665

$22,016,387

$22,051,025

TOTAL FEDERAL FUNDS

$6,749,221

$6,749,221

$6,749,221

Federal Funds Not Itemized

$6,749,221

$6,749,221

$6,749,221

TOTAL AGENCY FUNDS

$1,598,868

$1,598,868

$935,000

Intergovernmental Transfers

$663,868

$663,868

Intergovernmental Transfers Not Itemized

$663,868

$663,868

Rebates, Refunds, and Reimbursements

$100,000

$100,000

$100,000

Rebates, Refunds, and Reimbursements Not Itemized

$100,000

$100,000

$100,000

Sales and Services

$835,000

$835,000

$835,000

Sales and Services Not Itemized

$835,000

$835,000

$835,000

2590

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$30,433,754

$30,364,476

$29,735,246

Departmental Administration

Continuation Budget

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$5,967,006

$5,967,006

$5,967,006

State General Funds

$5,967,006

$5,967,006

$5,967,006

TOTAL FEDERAL FUNDS

$37,776

$37,776

$37,776

Federal Funds Not Itemized

$37,776

$37,776

$37,776

TOTAL AGENCY FUNDS

$211,680

$211,680

$211,680

Sales and Services

$211,680

$211,680

$211,680

Sales and Services Not Itemized

$211,680

$211,680

$211,680

TOTAL PUBLIC FUNDS

$6,216,462

$6,216,462

$6,216,462

Statewide Changes

51.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$223,892

$223,892

$223,892

Changes in the Size of the Program

51.2 Transfer funds to the Consumer Protection Program and the Poultry Veterinary Diagnostic Labs to reflect

program expenditures.

State General Funds

($111,683)

($111,683)

($111,683)

Federal Funds Not Itemized

$31,724

$31,724

$31,724

Sales and Services Not Itemized

$47,041

$47,041

$47,041

TOTAL PUBLIC FUNDS

($32,918)

($32,918)

($32,918)

51.3 Transfer funds from Consumer Protection program to meet expenses.

State General Funds

$5,504

$5,504

$5,504

51. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$6,084,719

$6,084,719

$6,084,719

State General Funds

$6,084,719

$6,084,719

$6,084,719

TOTAL FEDERAL FUNDS

$69,500

$69,500

$69,500

Federal Funds Not Itemized

$69,500

$69,500

$69,500

TOTAL AGENCY FUNDS

$258,721

$258,721

$258,721

Sales and Services

$258,721

$258,721

$258,721

THURSDAY, MARCH 23, 2006

2591

Sales and Services Not Itemized

$258,721

$258,721

$258,721

TOTAL PUBLIC FUNDS

$6,412,940

$6,412,940

$6,412,940

Marketing and Promotion

Continuation Budget

The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

TOTAL STATE FUNDS

$7,857,881

$7,857,881

$7,857,881

State General Funds

$7,857,881

$7,857,881

$7,857,881

TOTAL FEDERAL FUNDS

$19,076

$19,076

$19,076

Federal Funds Not Itemized

$19,076

$19,076

$19,076

TOTAL AGENCY FUNDS

$105,685

$105,685

$105,685

Sales and Services

$105,685

$105,685

$105,685

Sales and Services Not Itemized

$105,685

$105,685

$105,685

TOTAL PUBLIC FUNDS

$7,982,642

$7,982,642

$7,982,642

Statewide Changes

52.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$177,087

$177,087

$177,087

Changes in Operations / Administration

52.2 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

State General Funds

$32,355

$32,355

$32,355

52.6 Transfer Seed Development Commission from Consumer Protection.

Intergovernmental Transfers Not Itemized

$663,868

TOTAL PUBLIC FUNDS

$663,868

Changes in the Size of the Program

52.3 Transfer funds to the Consumer Protection program and the Poultry Veterinary Diagnostic Labs to reflect program

expenditures.

State General Funds

($225,233)

($225,233)

($225,233)

Federal Funds Not Itemized

$11,524

$11,524

$11,524

Sales and Services Not Itemized

($78,585)

($78,585)

($78,585)

TOTAL PUBLIC FUNDS

($292,294)

($292,294)

($292,294)

52.4 Reduce the contract with the Federation of Southern Cooperatives.

State General Funds

($741)

($741)

($741)

52.5 Transfer funds from the Consumer Protection program to meet expenses.

2592

JOURNAL OF THE SENATE

State General Funds

$828

$828

$828

52. Marketing and Promotion

Appropriation (HB1027)

The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them

domestically and internationally.

TOTAL STATE FUNDS

$7,842,177

$7,842,177

$7,842,177

State General Funds

$7,842,177

$7,842,177

$7,842,177

TOTAL FEDERAL FUNDS

$30,600

$30,600

$30,600

Federal Funds Not Itemized

$30,600

$30,600

$30,600

TOTAL AGENCY FUNDS

$27,100

$27,100

$690,968

Intergovernmental Transfers

$663,868

Intergovernmental Transfers Not Itemized

$663,868

Sales and Services

$27,100

$27,100

$27,100

Sales and Services Not Itemized

$27,100

$27,100

$27,100

TOTAL PUBLIC FUNDS

$7,899,877

$7,899,877

$8,563,745

Poultry Veterinary Diagnostic Labs

Continuation Budget

The purpose is to provide diagnostic and monitoring services to Georgia poultry growers.

TOTAL STATE FUNDS

$3,140,822

$3,140,822

$3,140,822

State General Funds

$3,140,822

$3,140,822

$3,140,822

TOTAL PUBLIC FUNDS

$3,140,822

$3,140,822

$3,140,822

Statewide Changes

53.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$52,591

$98,331

$98,331

Changes to the Purpose or the Purpose Measure

53.5 SAC: The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with

emphasis on Avian Influenza. The purpose will be measured by the percent increase in the total number and quality

of the tests performed by the network of poultry labs from the previous year.

House: To provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza.

State General Funds

$0

$0

One-Time Expense

53.4 Provide funds to automate the liquid handling system appropriated in HB1026.

State General Funds

$120,000

$120,000

THURSDAY, MARCH 23, 2006

2593

Changes in the Size of the Program 53.2 Transfer funds from the Administration program and the Marketing and Promotion program to reflect program
expenditures.

State General Funds

$2,644

$2,644

$2,644

53.3 Provide funding for diagnostic equipment and supplies at the Oakwood Poultry Veterinary Diagnostic Lab and

branch laboratories to ensure a quick response to avian influenza and other threats.(H:Provide funding for

diagnostic supplies at the Oakwood Poultry Veterinary Diagnostic Lab and branch labs.)(S: Provide funding for

diagnostic equipment and supplies at the Oakwood Poultry Veterinary Diagnostic Lab and brand laboratories to

increase the total number and quality of tests performed from the Previous year.)

State General Funds

$121,399

$121,399

$121,399

53. Poultry Veterinary Diagnostic Labs

Appropriation (HB1027)

The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian

Influenza. The purpose will be measured by the percent increase in the total number and quality of the tests performed by

the network of poultry labs from the previous year.

TOTAL STATE FUNDS

$3,317,456

$3,483,196

$3,483,196

State General Funds

$3,317,456

$3,483,196

$3,483,196

TOTAL PUBLIC FUNDS

$3,317,456

$3,483,196

$3,483,196

Section 15: Banking and Finance, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$10,976,353

$10,976,353

$10,976,353

State General Funds

$10,976,353

$10,976,353

$10,976,353

TOTAL PUBLIC FUNDS

$10,976,353

$10,976,353

$10,976,353

Section Total - Final

TOTAL STATE FUNDS

$11,581,920

$11,581,920

$11,581,920

State General Funds

$11,581,920

$11,581,920

$11,581,920

TOTAL PUBLIC FUNDS

$11,581,920

$11,581,920

$11,581,920

Chartering, Licensing and Applications/Non-Mortgage Entities

Continuation Budget

The purpose is to provide efficient and flexible application, registration and notification procedures for financial

institutions that are in compliance with applicable laws, regulations and department policies.

TOTAL STATE FUNDS

$495,504

$495,504

$495,504

2594

JOURNAL OF THE SENATE

State General Funds

$495,504

$495,504

$495,504

TOTAL PUBLIC FUNDS

$495,504

$495,504

$495,504

Statewide Changes

54.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$17,488

$17,488

$17,488

54. Chartering, Licensing and Applications/Non-Mortgage

Appropriation (HB1027)

Entities

The purpose of this appropriation is to provide efficient and flexible application, registration and notification procedures

for financial institutions that are in compliance with applicable laws, regulations and department policies.

TOTAL STATE FUNDS

$512,992

$512,992

$512,992

State General Funds

$512,992

$512,992

$512,992

TOTAL PUBLIC FUNDS

$512,992

$512,992

$512,992

Consumer Protection and Assistance

Continuation Budget

The purpose is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS

$515,920

$515,920

$515,920

State General Funds

$515,920

$515,920

$515,920

TOTAL PUBLIC FUNDS

$515,920

$515,920

$515,920

Statewide Changes

55.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$13,781

$13,781

$13,781

55. Consumer Protection and Assistance

Appropriation (HB1027)

The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-

regulated entities.

TOTAL STATE FUNDS

$529,701

$529,701

$529,701

State General Funds

$529,701

$529,701

$529,701

TOTAL PUBLIC FUNDS

$529,701

$529,701

$529,701

Departmental Administration

Continuation Budget

The purpose is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$1,645,199

$1,645,199

$1,645,199

State General Funds

$1,645,199

$1,645,199

$1,645,199

TOTAL PUBLIC FUNDS

$1,645,199

$1,645,199

$1,645,199

THURSDAY, MARCH 23, 2006

2595

Statewide Changes

56.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$56,108

$56,108

$56,108

One-Time Expense

56.2 Purchase field offices phone system.

State General Funds

$25,018

$25,018

$25,018

Changes in the Size of the Program

56.3 Increase funds to add one network administrator.

State General Funds

$59,701

$59,701

$59,701

56. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$1,786,026

$1,786,026

$1,786,026

State General Funds

$1,786,026

$1,786,026

$1,786,026

TOTAL PUBLIC FUNDS

$1,786,026

$1,786,026

$1,786,026

Financial Institution Supervision

Continuation Budget

The purpose is to provide for safe and sound operation of Georgia state-chartered financial institutions, and to protect the

interests of the depositors, creditors and shareholders of those institutions.

TOTAL STATE FUNDS

$6,581,431

$6,581,431

$6,581,431

State General Funds

$6,581,431

$6,581,431

$6,581,431

TOTAL PUBLIC FUNDS

$6,581,431

$6,581,431

$6,581,431

Statewide Changes

57.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$218,845

$218,845

$218,845

One-Time Expense

57.2 Purchase field offices phone system.

State General Funds

$156,007

$156,007

$156,007

57. Financial Institution Supervision

Appropriation (HB1027)

The purpose of this appropriation is to provide for safe and sound operation of Georgia state-chartered financial

institutions, and to protect the interests of the depositors, creditors and shareholders of those institutions.

TOTAL STATE FUNDS

$6,956,283

$6,956,283

$6,956,283

State General Funds

$6,956,283

$6,956,283

$6,956,283

2596

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$6,956,283

$6,956,283

$6,956,283

Mortgage Supervision

Continuation Budget

The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and

enforce applicable laws and regulations.

TOTAL STATE FUNDS

$1,738,299

$1,738,299

$1,738,299

State General Funds

$1,738,299

$1,738,299

$1,738,299

TOTAL PUBLIC FUNDS

$1,738,299

$1,738,299

$1,738,299

Statewide Changes

58.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$58,619

$58,619

$58,619

58. Mortgage Supervision

Appropriation (HB1027)

The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending

practices and enforce applicable laws and regulations.

TOTAL STATE FUNDS

$1,796,918

$1,796,918

$1,796,918

State General Funds

$1,796,918

$1,796,918

$1,796,918

TOTAL PUBLIC FUNDS

$1,796,918

$1,796,918

$1,796,918

Section 16: Community Affairs, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$80,217,219

$80,217,219

$80,217,219

State General Funds

$33,093,886

$33,093,886

$33,093,886

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,123,333

TOTAL FEDERAL FUNDS

$93,566,048

$93,566,048

$93,566,048

Federal Funds Not Itemized

$93,566,048

$93,566,048

$93,566,048

TOTAL AGENCY FUNDS

$10,831,688

$10,831,688

$10,831,688

Reserved Fund Balances

$9,715

$9,715

$9,715

Intergovernmental Transfers

$9,477,792

$9,477,792

$9,477,792

Sales and Services

$1,344,181

$1,344,181

$1,344,181

TOTAL PUBLIC FUNDS

$184,614,955 $184,614,955 $184,614,955

Section Total - Final

TOTAL STATE FUNDS

$97,885,145

$95,985,145

$93,338,190

State General Funds

$50,761,812

$48,861,812

$46,214,857

THURSDAY, MARCH 23, 2006

2597

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,123,333

TOTAL FEDERAL FUNDS

$93,566,048

$93,566,048 $108,529,689

Federal Funds Not Itemized

$93,566,048

$93,566,048 $108,529,689

TOTAL AGENCY FUNDS

$10,833,823

$10,833,823

$13,296,168

Reserved Fund Balances

$9,715

$9,715

$293,674

Interest and Investment Income

$2,135

$2,135

$2,135

Intergovernmental Transfers

$9,477,792

$9,477,792

$11,420,477

Sales and Services

$1,344,181

$1,344,181

$1,579,882

TOTAL PUBLIC FUNDS

$202,285,016 $200,385,016 $215,164,047

Building Construction

Continuation Budget

The purpose is to establish minimum building construction standards for all new structures including mass-produced

factory built (modular) buildings built in the state.

TOTAL STATE FUNDS

$279,403

$279,403

$279,403

State General Funds

$279,403

$279,403

$279,403

TOTAL AGENCY FUNDS

$171,722

$171,722

$171,722

Sales and Services

$171,722

$171,722

$171,722

Sales and Services Not Itemized

$171,722

$171,722

$171,722

TOTAL PUBLIC FUNDS

$451,125

$451,125

$451,125

Statewide Changes

59.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$10,152

$10,152

$10,152

59. Building Construction

Appropriation (HB1027)

The purpose of this appropriation is to establish minimum building construction standards for all new structures including

mass-produced factory built (modular) buildings built in the state.

TOTAL STATE FUNDS

$289,555

$289,555

$289,555

State General Funds

$289,555

$289,555

$289,555

TOTAL AGENCY FUNDS

$171,722

$171,722

$171,722

Sales and Services

$171,722

$171,722

$171,722

Sales and Services Not Itemized

$171,722

$171,722

$171,722

TOTAL PUBLIC FUNDS

$461,277

$461,277

$461,277

Coordinated Planning

Continuation Budget

2598

JOURNAL OF THE SENATE

The purpose is to give communities the information, assistance, tools and funding needed to successfully implement

planning and quality growth solutions to enhance and fulfill the requirements of Coordinated Comprehensive Planning

according to the Georgia Planning Act of 1989.

TOTAL STATE FUNDS

$3,831,884

$3,831,884

$3,831,884

State General Funds

$3,831,884

$3,831,884

$3,831,884

TOTAL PUBLIC FUNDS

$3,831,884

$3,831,884

$3,831,884

Statewide Changes

60.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$69,162

$69,162

$69,162

Changes in Operations / Administration

60.2 Transfer GTA rate structure adjustments to the Administration program.

State General Funds

($51,508)

($51,508)

($51,508)

One-Time Expense

60.3 Provide two time-limited positions and funding to support the development of a strategy for sound economic

development and conservation for Georgia's coastal region by DCA's Coastal Comprehensive Plan Advisory

Committee.

State General Funds

$300,000

$300,000

$300,000

Changes in the Size of the Program

60.4 Reduce annual contracts to the sixteen Regional Development Centers.(S:Restore funds.)

State General Funds

($233,045)

($233,045)

$0

60.5 Transfer the Signature Community Program funds to the Regional Services program.

State General Funds

($250,000)

($250,000)

($250,000)

60.6 Transfer one position to Administration.

State General Funds

($160,739)

($160,739)

60.7 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$43,150

60. Coordinated Planning

Appropriation (HB1027)

The purpose of this appropriation is to give communities the information, assistance, tools and funding needed to

successfully implement planning and quality growth solutions to enhance and fulfill the requirements of Coordinated

Comprehensive Planning according to the Georgia Planning Act of 1989.

THURSDAY, MARCH 23, 2006

2599

TOTAL STATE FUNDS

$3,666,493

$3,505,754

$3,738,799

State General Funds

$3,666,493

$3,505,754

$3,738,799

TOTAL AGENCY FUNDS

$43,150

Sales and Services

$43,150

Sales and Services Not Itemized

$43,150

TOTAL PUBLIC FUNDS

$3,666,493

$3,505,754

$3,781,949

Departmental Administration

Continuation Budget

The purpose is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$1,982,095

$1,982,095

$1,982,095

State General Funds

$1,982,095

$1,982,095

$1,982,095

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

Federal Funds Not Itemized

$22,000

$22,000

$22,000

TOTAL AGENCY FUNDS

$2,476,773

$2,476,773

$2,476,773

Intergovernmental Transfers

$2,476,773

$2,476,773

$2,476,773

Intergovernmental Transfers Not Itemized

$2,476,773

$2,476,773

$2,476,773

TOTAL PUBLIC FUNDS

$4,480,868

$4,480,868

$4,480,868

Statewide Changes

61.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$63,130

$63,130

$63,130

Changes in Operations / Administration

61.2 Use current funds for one human resources position to perform administrative support and transactional

activities.(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

Changes in the Size of the Program

61.3 Transfer GTA rate structure adjustments from Coordinated Planning, Environmental Education and Assistance,

Federal Community & Economic Development Programs, Regional Services, Research and Surveys, State

Community Development Programs, and State Economic Development Program.

State General Funds

$95,591

$95,591

$95,591

61.4 Establish a secondary IT infrastructure site with current funds to continue key services in the event of an

emergency that renders the central office inaccessible.(G:YES)(H:YES)(S:YES)

2600

JOURNAL OF THE SENATE

State General Funds

$0

$0

$0

61.5 Transfer one position from Coordinated Planning.

State General Funds

$160,739

$160,739

61.6 Add funds to properly reflect operating budget represented in HB1026.

Intergovernmental Transfers Not Itemized

$31,662

Sales and Services Not Itemized

$101,909

TOTAL PUBLIC FUNDS

$133,571

61. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$2,140,816

$2,301,555

$2,301,555

State General Funds

$2,140,816

$2,301,555

$2,301,555

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

Federal Funds Not Itemized

$22,000

$22,000

$22,000

TOTAL AGENCY FUNDS

$2,476,773

$2,476,773

$2,610,344

Intergovernmental Transfers

$2,476,773

$2,476,773

$2,508,435

Intergovernmental Transfers Not Itemized

$2,476,773

$2,476,773

$2,508,435

Sales and Services

$101,909

Sales and Services Not Itemized

$101,909

TOTAL PUBLIC FUNDS

$4,639,589

$4,800,328

$4,933,899

Environmental Education and Assistance

Continuation Budget

The purpose is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS

$973,896

$973,896

$973,896

State General Funds

$973,896

$973,896

$973,896

TOTAL PUBLIC FUNDS

$973,896

$973,896

$973,896

Statewide Changes

62.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$26,996

$26,996

$26,996

Changes in Operations / Administration

62.2 Transfer GTA rate structure adjustments to the Administration program.

State General Funds

($2,039)

($2,039)

($2,039)

THURSDAY, MARCH 23, 2006

2601

Changes in How the Program is Funded

62.3 Add funds to properly reflect operating budget represented in HB1026.

Reserved Fund Balances Not Itemized

$277,000

62. Environmental Education and Assistance

Appropriation (HB1027)

The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach

resources.

TOTAL STATE FUNDS

$998,853

$998,853

$998,853

State General Funds

$998,853

$998,853

$998,853

TOTAL AGENCY FUNDS

$277,000

Reserved Fund Balances

$277,000

Reserved Fund Balances Not Itemized

$277,000

TOTAL PUBLIC FUNDS

$998,853

$998,853

$1,275,853

Federal Community and Economic Development Programs

Continuation Budget

The purpose is to administer incentive programs and education programs as well as provide technical assistance in the

area of economic development to local governments, development authorities, and private for-profit entities.

TOTAL STATE FUNDS

$1,608,212

$1,608,212

$1,608,212

State General Funds

$1,608,212

$1,608,212

$1,608,212

TOTAL FEDERAL FUNDS

$36,985,354

$36,985,354

$36,985,354

Federal Funds Not Itemized

$36,985,354

$36,985,354

$36,985,354

TOTAL PUBLIC FUNDS

$38,593,566

$38,593,566

$38,593,566

Statewide Changes

63.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$53,322

$53,322

$53,322

Changes in Operations / Administration

63.2 Transfer GTA rate structure adjustments to the Administration program.

State General Funds

($1,197)

($1,197)

($1,197)

Changes in How the Program is Funded

63.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$13,159,053

TOTAL PUBLIC FUNDS

$13,159,053

2602

JOURNAL OF THE SENATE

Changes in the Size of the Program

63.3 Provide additional funding for the Hands on Georgia contract for community challenge grants.

State General Funds

$100,000

$100,000

$100,000

63. Federal Community and Economic Development

Appropriation (HB1027)

The purpose of this appropriation is to administer incentive programs and education programs as well as provide technical

assistance in the area of economic development to local governments, development authorities, and private for-profit

entities.

TOTAL STATE FUNDS

$1,760,337

$1,760,337

$1,760,337

State General Funds

$1,760,337

$1,760,337

$1,760,337

TOTAL FEDERAL FUNDS

$36,985,354

$36,985,354

$50,144,407

Federal Funds Not Itemized

$36,985,354

$36,985,354

$50,144,407

TOTAL PUBLIC FUNDS

$38,745,691

$38,745,691

$51,904,744

Homeownership programs

Continuation Budget

The purpose is to expand the supply of standard affordable housing through rehabilitation, construction and provide

homeownership opportunities for low and moderate income individuals.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL AGENCY FUNDS

$4,014,155

$4,014,155

$4,014,155

Intergovernmental Transfers

$4,014,155

$4,014,155

$4,014,155

Intergovernmental Transfers Not Itemized

$4,014,155

$4,014,155

$4,014,155

TOTAL PUBLIC FUNDS

$4,014,155

$4,014,155

$4,014,155

Statewide Changes

64.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Intergovernmental Transfers

$0

$0

$0

Changes in How the Program is Funded

64.2 Add funds to properly reflect operating budget represented in HB1026.

Intergovernmental Transfers Not Itemized

$134,280

64. Homeownership programs

Appropriation (HB1027)

The purpose of this appropriation is to expand the supply of standard affordable housing through rehabilitation,

construction and provide homeownership opportunities for low and moderate income individuals.

TOTAL AGENCY FUNDS

$4,014,155

$4,014,155

$4,148,435

Intergovernmental Transfers

$4,014,155

$4,014,155

$4,148,435

THURSDAY, MARCH 23, 2006

2603

Intergovernmental Transfers Not Itemized

$4,014,155

$4,014,155

$4,148,435

TOTAL PUBLIC FUNDS

$4,014,155

$4,014,155

$4,148,435

Local Assistance Grants

Continuation Budget

The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are

specified by amount, recipient, and purpose in an appropriation to the department.

TOTAL STATE FUNDS

$3,881,066

$3,881,066

$3,881,066

State General Funds

$3,881,066

$3,881,066

$3,881,066

TOTAL PUBLIC FUNDS

$3,881,066

$3,881,066

$3,881,066

One-Time Expense

65.1 Eliminate one-time Local Assistance Grant funds originating in HB85 for FY 2006.

State General Funds

($3,881,066)

($3,881,066)

($3,881,066)

Regional Services

Continuation Budget

The purpose is to assist in the marketing, development, and implementation of housing, community and economic

development projects and services and to award grants from the Local Development Fund.

TOTAL STATE FUNDS

$3,096,517

$3,096,517

$3,096,517

State General Funds

$3,096,517

$3,096,517

$3,096,517

TOTAL PUBLIC FUNDS

$3,096,517

$3,096,517

$3,096,517

Statewide Changes

66.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$60,536

$60,536

$60,536

Changes in Operations / Administration

66.2 Transfer GTA rate structure adjustments to the Administration program.

State General Funds

($1,627)

($1,627)

($1,627)

One-Time Expense

66.7 Provide funds for a boundary study of Doraville, Chamblee and the proposed City of Dunwoody.

State General Funds

$20,000

Changes in the Size of the Program

66.3 Increase the number of Signature Community grantees from five to seven to assist additional local governments in

implementing their comprehensive plan initiatives.

State General Funds

$100,000

$100,000

$100,000

66.4 Transfer the Signature Community Program funds from the Coordinated Planning program.

2604

JOURNAL OF THE SENATE

State General Funds

$250,000

$250,000

$250,000

66.5 Add one position and related funding to implement economic development strategies in rural Georgia.

State General Funds

$110,508

$110,508

$110,508

66.6 Enhance funds for the Local Development Fund from $1.5 million to $5 million.(H:Designate $1,000,000 for

downtown revitalization efforts.)(S:No to House language).

State General Funds

$3,500,000

$3,500,000

$3,500,000

66. Regional Services

Appropriation (HB1027)

The purpose of this appropriation is to assist in the marketing, development, and implementation of housing, community

and economic development projects and services and to award grants from the Local Development Fund.

TOTAL STATE FUNDS

$7,115,934

$7,115,934

$7,135,934

State General Funds

$7,115,934

$7,115,934

$7,135,934

TOTAL PUBLIC FUNDS

$7,115,934

$7,115,934

$7,135,934

Rental Housing Programs

Continuation Budget

The purpose is to provide affordable rental housing to very low, low, and moderate-income households by allocating

federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing

Choice Program.

TOTAL STATE FUNDS

$3,287,829

$3,287,829

$3,287,829

State General Funds

$3,287,829

$3,287,829

$3,287,829

TOTAL FEDERAL FUNDS

$56,546,807

$56,546,807

$56,546,807

Federal Funds Not Itemized

$56,546,807

$56,546,807

$56,546,807

TOTAL AGENCY FUNDS

$2,996,579

$2,996,579

$2,996,579

Reserved Fund Balances

$9,715

$9,715

$9,715

Reserved Fund Balances Not Itemized

$9,715

$9,715

$9,715

Intergovernmental Transfers

$2,986,864

$2,986,864

$2,986,864

Intergovernmental Transfers Not Itemized

$2,986,864

$2,986,864

$2,986,864

TOTAL PUBLIC FUNDS

$62,831,215

$62,831,215

$62,831,215

Statewide Changes

67.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$0

$0

$0

Changes in How the Program is Funded

67.2 Add funds to properly reflect operating budget represented in HB1026.

THURSDAY, MARCH 23, 2006

2605

Federal Funds Not Itemized

$1,804,588

Reserved Fund Balances Not Itemized

($9,715)

Intergovernmental Transfers Not Itemized

$981,421

TOTAL PUBLIC FUNDS

$2,776,294

67. Rental Housing Programs

Appropriation (HB1027)

The purpose of this appropriation is to provide affordable rental housing to very low, low, and moderate-income

households by allocating federal and state housing tax credits on a competitive basis and by providing subsidized housing

through the Housing Choice Program.

TOTAL STATE FUNDS

$3,287,829

$3,287,829

$3,287,829

State General Funds

$3,287,829

$3,287,829

$3,287,829

TOTAL FEDERAL FUNDS

$56,546,807

$56,546,807

$58,351,395

Federal Funds Not Itemized

$56,546,807

$56,546,807

$58,351,395

TOTAL AGENCY FUNDS

$2,996,579

$2,996,579

$3,968,285

Reserved Fund Balances

$9,715

$9,715

Reserved Fund Balances Not Itemized

$9,715

$9,715

Intergovernmental Transfers

$2,986,864

$2,986,864

$3,968,285

Intergovernmental Transfers Not Itemized

$2,986,864

$2,986,864

$3,968,285

TOTAL PUBLIC FUNDS

$62,831,215

$62,831,215

$65,607,509

Research and Surveys

Continuation Budget

The purpose is to conduct surveys and collect financial/management data from local governments and authorities as

directed by statute.

TOTAL STATE FUNDS

$667,698

$667,698

$667,698

State General Funds

$667,698

$667,698

$667,698

TOTAL PUBLIC FUNDS

$667,698

$667,698

$667,698

Statewide Changes

68.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$21,928

$21,928

$21,928

Changes in Operations / Administration

68.2 Transfer GTA rate structure adjustments to the Administration program.

State General Funds

($38,496)

($38,496)

($38,496)

Changes in How the Program is Funded

2606

JOURNAL OF THE SENATE

68.3 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$51,304

68. Research and Surveys

Appropriation (HB1027)

The purpose of this appropriation is to conduct surveys and collect financial/management data from local governments and

authorities as directed by statute.

TOTAL STATE FUNDS

$651,130

$651,130

$651,130

State General Funds

$651,130

$651,130

$651,130

TOTAL AGENCY FUNDS

$51,304

Sales and Services

$51,304

Sales and Services Not Itemized

$51,304

TOTAL PUBLIC FUNDS

$651,130

$651,130

$702,434

State Community Development Programs

Continuation Budget

The purpose is to assist Georgia cities, small towns and neighborhoods in the development of their core commercial areas

and champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$1,190,051

$1,190,051

$1,190,051

State General Funds

$1,190,051

$1,190,051

$1,190,051

TOTAL PUBLIC FUNDS

$1,190,051

$1,190,051

$1,190,051

Statewide Changes

69.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$43,041

$43,041

$43,041

Changes in Operations / Administration

69.2 Transfer GTA rate structure adjustments to the Administration program.

State General Funds

($542)

($542)

($542)

Changes in How the Program is Funded

69.3 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$39,338

69. State Community Development Programs

Appropriation (HB1027)

The purpose of this appropriation is to assist Georgia cities, small towns and neighborhoods in the development of their

core commercial areas and champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$1,232,550

$1,232,550

$1,232,550

State General Funds

$1,232,550

$1,232,550

$1,232,550

THURSDAY, MARCH 23, 2006

2607

TOTAL AGENCY FUNDS

$39,338

Sales and Services

$39,338

Sales and Services Not Itemized

$39,338

TOTAL PUBLIC FUNDS

$1,232,550

$1,232,550

$1,271,888

State Economic Development Program

Continuation Budget

The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means

including making loans and grants.

TOTAL STATE FUNDS

$4,201,762

$4,201,762

$4,201,762

State General Funds

$4,201,762

$4,201,762

$4,201,762

TOTAL FEDERAL FUNDS

$11,887

$11,887

$11,887

Federal Funds Not Itemized

$11,887

$11,887

$11,887

TOTAL PUBLIC FUNDS

$4,213,649

$4,213,649

$4,213,649

One-Time Expense

70.1 Provide funding to expand the Life Sciences Facilities Fund for investment in entrepreneur-led startup businesses

to promote job growth in Georgia's bioscience industry.

State General Funds

$5,000,000

$5,000,000

$5,000,000

70.2 Provide funds for critical economic development projects.

State General Funds

$6,000,000

$3,000,000

$1,000,000

70.5 Provide funding to the Georgia Cities Foundation.

State General Funds

$1,000,000

$0

Changes in the Size of the Program

70.3 Add one economic development program manager position to work with state agency partners on life sciences and

strategic industries loans.

State General Funds

$77,444

$77,444

$77,444

70.4 Transfer GTA rate structure adjustments to the Administration program.

State General Funds

($182)

($182)

($182)

70. State Economic Development Program

Appropriation (HB1027)

The purpose of this appropriation is to facilitate and stimulate economic activity, private investment, and job creation by

various means including making loans and grants.

TOTAL STATE FUNDS

$15,279,024

$13,279,024

$10,279,024

State General Funds

$15,279,024

$13,279,024

$10,279,024

2608

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$11,887

$11,887

$11,887

Federal Funds Not Itemized

$11,887

$11,887

$11,887

TOTAL PUBLIC FUNDS

$15,290,911

$13,290,911

$10,290,911

Payments to Georgia Environmental Facilities Authority

Continuation Budget

The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program.

TOTAL STATE FUNDS

$700,000

$700,000

$700,000

State General Funds

$700,000

$700,000

$700,000

TOTAL PUBLIC FUNDS

$700,000

$700,000

$700,000

Statewide Changes

71.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Interest and Investment Income Not Itemized

$2,135

$2,135

$2,135

TOTAL PUBLIC FUNDS

$2,135

$2,135

$2,135

Changes in Operations / Administration

71.2 Provide annual State of Georgia dues to the Southern States Energy Board.

State General Funds

$35,782

$35,782

$35,782

TOTAL PUBLIC FUNDS

$35,782

$35,782

$35,782

One-Time Expense

71.3 Provide grant funds for local governments in the Governor's Land Conservation program.

State General Funds

$5,000,000

$5,000,000

$5,000,000

71.6 Provide additional contract funds to the Georgia Rural Water Association.

State General Funds

$100,000

$200,000

Changes in the Size of the Program

71.4 Provide required match funds for the State Energy program.

State General Funds

$200,000

$200,000

$200,000

71.5 Provide one and one-half positions and funding to develop the state's energy management capability to reduce cost

and usage of energy through improved procurement strategies, data collection and efficient consumption

strategies.

State General Funds

$500,000

$500,000

$500,000

71. Payments to Georgia Environmental Facilities Authority

Appropriation (HB1027)

The purpose of this appropriation is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant

Program.

THURSDAY, MARCH 23, 2006

2609

TOTAL STATE FUNDS

$6,435,782

$6,535,782

$6,635,782

State General Funds

$6,435,782

$6,535,782

$6,635,782

TOTAL AGENCY FUNDS

$2,135

$2,135

$2,135

Interest and Investment Income

$2,135

$2,135

$2,135

Interest and Investment Income Not Itemized

$2,135

$2,135

$2,135

TOTAL PUBLIC FUNDS

$6,437,917

$6,537,917

$6,637,917

Payments to Georgia Regional Transportation Authority

Continuation Budget

The purpose is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS

$4,360,581

$4,360,581

$4,360,581

State General Funds

$4,360,581

$4,360,581

$4,360,581

TOTAL PUBLIC FUNDS

$4,360,581

$4,360,581

$4,360,581

Statewide Changes

72.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$122,825

$122,825

$122,825

Changes in the Size of the Program

72.2 Provide funding for one position to coordinate transit services and policy.

State General Funds

$90,108

$90,108

$90,108

72.3 Reduce funding in the Mitigation/Land Use Planning program to reflect the transfer of a position to the

Transportation Project Planning program

State General Funds

($2,897)

($2,897)

($2,897)

72. Payments to Georgia Regional Transportation Authority

Appropriation (HB1027)

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS

$4,570,617

$4,570,617

$4,570,617

State General Funds

$4,570,617

$4,570,617

$4,570,617

TOTAL PUBLIC FUNDS

$4,570,617

$4,570,617

$4,570,617

Payments to OneGeorgia Authority

Continuation Budget

The purpose is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS

$47,123,333

$47,123,333

$47,123,333

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,123,333

TOTAL PUBLIC FUNDS

$47,123,333

$47,123,333

$47,123,333

2610

JOURNAL OF THE SENATE

73. Payments to OneGeorgia Authority

Appropriation (HB1027)

The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS

$47,123,333

$47,123,333

$47,123,333

Tobacco Settlement Funds

$47,123,333

$47,123,333

$47,123,333

TOTAL PUBLIC FUNDS

$47,123,333

$47,123,333

$47,123,333

Payments to the State Housing Trust Fund

Continuation Budget

The purpose is to provide temporary shelter, permanent housing, and essential services to homeless individuals and

households, and provide affordable housing to persons with special needs.

TOTAL STATE FUNDS

$3,032,892

$3,032,892

$3,032,892

State General Funds

$3,032,892

$3,032,892

$3,032,892

TOTAL AGENCY FUNDS

$1,172,459

$1,172,459

$1,172,459

Sales and Services

$1,172,459

$1,172,459

$1,172,459

Sales and Services Not Itemized

$1,172,459

$1,172,459

$1,172,459

TOTAL PUBLIC FUNDS

$4,205,351

$4,205,351

$4,205,351

Changes to the Purpose or the Purpose Measure

74.3 SAC: The purpose of this appropriation is to provide temporary shelter, permanent housing, and essential services

to homeless individuals and households, provide affordable housing to persons with special needs, assist

organizations that provide affordable housing to persons with special needs, and assist individuals with locating

rental properties through the Rental Access Network to locate rental properties that meet their special

circumstances. The purpose will be measured by the percentage of Shelter Plus Care authorized units under

contract.

State General Funds

$0

Changes in Operations / Administration

74.1 Change the name "Payments to the State Housing Trust Fund" program back to its original name: "Special

Housing Initiatives".(G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

Changes in How the Program is Funded

74.4 Add funds to properly reflect operating budget represented in HB1026.

Reserved Fund Balances Not Itemized

$16,674

Intergovernmental Transfers Not Itemized

$795,322

TOTAL PUBLIC FUNDS

$811,996

THURSDAY, MARCH 23, 2006

2611

Changes in the Size of the Program

74.2 Provide grants for accessibility improvements at owner-occupied homes in which an individual with a physical

disability resides.

State General Funds

$300,000

$300,000

$300,000

74. Payments to the State Housing Trust Fund

Appropriation (HB1027)

The purpose of this appropriation is to provide temporary shelter, permanent housing, and essential services to homeless

individuals and households, provide affordable housing to persons with special needs, assist organizations that provide

affordable housing to persons with special needs, and assist individuals with locating rental properties through the Rental

Access Network to locate rental properties that meet their special circumstances. The purpose will be measured by the

percentage of Shelter Plus Care authorized units under contract.

TOTAL STATE FUNDS

$3,332,892

$3,332,892

$3,332,892

State General Funds

$3,332,892

$3,332,892

$3,332,892

TOTAL AGENCY FUNDS

$1,172,459

$1,172,459

$1,984,455

Reserved Fund Balances

$16,674

Reserved Fund Balances Not Itemized

$16,674

Intergovernmental Transfers

$795,322

Intergovernmental Transfers Not Itemized

$795,322

Sales and Services

$1,172,459

$1,172,459

$1,172,459

Sales and Services Not Itemized

$1,172,459

$1,172,459

$1,172,459

TOTAL PUBLIC FUNDS

$4,505,351

$4,505,351

$5,317,347

If a local assistance grant incorrectly identifies the local government recipient for the stated purpose, then the intended

recipient is the local government entity with responsibility for the purpose. If a local assistance grant states an ineligible

purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local

assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local

government recipient contract for services of such a nature from the private entity. If a local assistance grant states that it is

for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that

recipient contract for services of the private entity using the property.

Section 17: Community Health, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$2,259,945,634 $2,259,945,634 $2,259,945,634

State General Funds

$2,201,858,248 $2,201,858,248 $2,201,858,248

2612

JOURNAL OF THE SENATE

Tobacco Settlement Funds

$58,087,386

$58,087,386

$58,087,386

TOTAL FEDERAL FUNDS

$4,535,269,475 $4,535,269,475 $4,535,269,475

Medical Assistance Program CFDA93.778

$4,352,785,895 $4,352,785,895 $4,352,785,895

State Children's Insurance Program CFDA93.767

$182,483,580 $182,483,580 $182,483,580

TOTAL AGENCY FUNDS

$295,898,629 $295,898,629 $295,898,629

Contributions, Donations, and Forfeitures

$14,000,000

$14,000,000

$14,000,000

Intergovernmental Transfers

$281,798,629 $281,798,629 $281,798,629

Sales and Services

$100,000

$100,000

$100,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,300,654,587 $2,300,654,587 $2,300,654,587

TOTAL PUBLIC FUNDS

$9,391,768,325 $9,391,768,325 $9,391,768,325

Section Total - Final

TOTAL STATE FUNDS

$2,388,864,892 $2,376,711,666 $2,384,052,563

State General Funds

$2,332,920,531 $2,320,767,305 $2,328,108,202

Tobacco Settlement Funds

$55,944,361

$55,944,361

$55,944,361

TOTAL FEDERAL FUNDS

$4,975,746,699 $4,958,996,764 $4,967,404,559

Medical Assistance Program CFDA93.778

$4,785,090,058 $4,768,340,123 $4,776,747,918

State Children's Insurance Program CFDA93.767

$190,656,641 $190,656,641 $190,656,641

TOTAL AGENCY FUNDS

$327,706,343 $333,706,343 $327,706,343

Contributions, Donations, and Forfeitures

$14,000,000

$14,000,000

$14,000,000

Reserved Fund Balances

$166,869,021 $172,869,021 $166,869,021

Intergovernmental Transfers

$144,537,322 $144,537,322 $144,537,322

Sales and Services

$2,300,000

$2,300,000

$2,300,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,762,974,808 $2,750,974,808 $2,762,703,869

TOTAL PUBLIC FUNDS

$10,455,292,742 $10,420,389,581 $10,441,867,334

Departmental Administration and Program Support

Continuation Budget

The purpose is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$62,221,212

$62,221,212

$62,221,212

State General Funds

$62,221,212

$62,221,212

$62,221,212

TOTAL FEDERAL FUNDS

$226,667,078 $226,667,078 $226,667,078

Medical Assistance Program CFDA93.778

$218,520,539 $218,520,539 $218,520,539

State Children's Insurance Program CFDA93.767

$8,146,539

$8,146,539

$8,146,539

THURSDAY, MARCH 23, 2006

2613

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$19,158,820

$19,158,820

$19,158,820

Health Insurance Payments

$19,158,820

$19,158,820

$19,158,820

TOTAL PUBLIC FUNDS

$308,047,110 $308,047,110 $308,047,110

Statewide Changes

75.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$580,987

$580,987

$580,987

Medical Assistance Program CFDA93.778

$499,839

$499,839

$499,839

State Children's Insurance Program CFDA93.767

$5,563

$5,563

$5,563

Health Insurance Payments

$81,443

$81,443

$81,443

TOTAL PUBLIC FUNDS

$1,167,832

$1,167,832

$1,167,832

Changes in Operations / Administration

75.5 By December 1, 2006, the department shall conduct an analysis of Medicaid Buy-In programs operational in other

states and shall recommend a cost-effective Medicaid Buy-In program that would allow working Georgians with

disabilities to receive healthcare through Medicaid. (S:YES).

Medical Assistance Program CFDA93.778

$0

Changes in the Size of the Program

75.2 Add funds for the Enrollment Broker for the Georgia Healthy Families (GHF) managed care program contract.

Medical Assistance Program CFDA93.778

$8,711,128

$8,711,128

$8,711,128

Reserved Fund Balances Not Itemized

$8,711,128

$8,711,128

$8,711,128

TOTAL PUBLIC FUNDS

$17,422,256

$17,422,256

$17,422,256

75.3 Add funds for the DHR Right from the Start Medicaid (RSM) contract.

Medical Assistance Program CFDA93.778

$3,800,000

$3,800,000

$3,800,000

Reserved Fund Balances Not Itemized

$3,800,000

$3,800,000

$3,800,000

TOTAL PUBLIC FUNDS

$7,600,000

$7,600,000

$7,600,000

75.4 Provide additional funds for an eligibility review contract to conduct process and systems review and audit of

member records.

Medical Assistance Program CFDA93.778

$1,618,872

$1,618,872

$1,618,872

Reserved Fund Balances Not Itemized

$1,618,872

$1,618,872

$1,618,872

TOTAL PUBLIC FUNDS

$3,237,744

$3,237,744

$3,237,744

75. Departmental Administration and Program Support

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative support to all departmental programs.

2614

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$62,802,199

$62,802,199

$62,802,199

State General Funds

$62,802,199

$62,802,199

$62,802,199

TOTAL FEDERAL FUNDS

$241,302,480 $241,302,480 $241,302,480

Medical Assistance Program CFDA93.778

$233,150,378 $233,150,378 $233,150,378

State Children's Insurance Program CFDA93.767

$8,152,102

$8,152,102

$8,152,102

TOTAL AGENCY FUNDS

$14,130,000

$14,130,000

$14,130,000

Reserved Fund Balances

$14,130,000

$14,130,000

$14,130,000

Reserved Fund Balances Not Itemized

$14,130,000

$14,130,000

$14,130,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$19,240,263

$19,240,263

$19,240,263

Health Insurance Payments

$19,240,263

$19,240,263

$19,240,263

TOTAL PUBLIC FUNDS

$337,474,942 $337,474,942 $337,474,942

Health Care Access and Improvement

Continuation Budget

The purpose is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS

$5,786,551

$5,786,551

$5,786,551

State General Funds

$5,786,551

$5,786,551

$5,786,551

TOTAL FEDERAL FUNDS

$549,838

$549,838

$549,838

Medical Assistance Program CFDA93.778

$549,838

$549,838

$549,838

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$6,436,389

$6,436,389

$6,436,389

Statewide Changes

76.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$63,066

$63,066

$63,066

Changes in the Size of the Program

76.2 Provide funds for primary health care to establish a statewide EMR system to link to federally qualified Community

Health Centers.

State General Funds

$1,500,000

$500,000

76.3 Provide funds for the Cancer Research and Education Facility in Savannah.

State General Funds

$500,000

$0

76.4 Provide funds to upgrade the cancer treatment center at Oconee Regional Medical Center.

THURSDAY, MARCH 23, 2006

2615

State General Funds

$150,000

$50,000

76.5 Provide funds for the Southwest Georgia Cancer Coalition.

State General Funds

$250,000

76.6 Support the operation of Hughes Spalding Children's Hospital. (S:Transfer from Indigent Care Trust Fund.)

State General Funds

$3,750,000

76.7 Provide additional funds to support the Georgia Statewide Area Health Education Center (AHEC) Network.

State General Funds

$300,000

76. Health Care Access and Improvement

Appropriation (HB1027)

The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS

$5,849,617

$7,999,617

$10,699,617

State General Funds

$5,849,617

$7,999,617

$10,699,617

TOTAL FEDERAL FUNDS

$549,838

$549,838

$549,838

Medical Assistance Program CFDA93.778

$549,838

$549,838

$549,838

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$6,499,455

$8,649,455

$11,349,455

Indigent Care Trust Fund

Continuation Budget

The purpose is to expand Medicaid eligibility and services; support rural and other healthcare providers, primarily

hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

TOTAL FEDERAL FUNDS

$219,438,624 $219,438,624 $219,438,624

Medical Assistance Program CFDA93.778

$219,438,624 $219,438,624 $219,438,624

TOTAL AGENCY FUNDS

$148,828,880 $148,828,880 $148,828,880

Contributions, Donations, and Forfeitures

$14,000,000

$14,000,000

$14,000,000

Contributions, Donations, and Forfeitures Not Itemized

$14,000,000

$14,000,000

$14,000,000

Intergovernmental Transfers

$134,828,880 $134,828,880 $134,828,880

Intergovernmental Transfers Not Itemized

$134,828,880 $134,828,880 $134,828,880

TOTAL PUBLIC FUNDS

$368,267,504 $368,267,504 $368,267,504

Changes to the Purpose or the Purpose Measure

2616

JOURNAL OF THE SENATE

77.7 SAC: The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals,

that serve medically indigent Georgians. The purpose will be measured by the number and dollar amount of

claims paid to hospitals for indigent care patients.

House: To support rural and other healthcare providers, primarily hospitals, that serve medically

indigent Georgians.

State General Funds

$0

$0

Changes in How the Program is Funded

77.1 Eliminate funding from Disproportionate Share Hospital (DSH) payments used to support Right from the Start

Medicaid (RSM) Benefit Expansion based on revised federal policy. RSM will be funded in the Low Income

Medicaid Program with State Funds.

Medical Assistance Program CFDA93.778

($35,128,020) ($35,128,020) ($35,128,020)

Intergovernmental Transfers Not Itemized

($22,000,000) ($22,000,000) ($22,000,000)

TOTAL PUBLIC FUNDS

($57,128,020) ($57,128,020) ($57,128,020)

77.2 Add funding to reflect revised federal policy on projected payments to Disproportionate Share Hospitals.

Medical Assistance Program CFDA93.778

$72,630,396

$72,630,396

$72,630,396

Intergovernmental Transfers Not Itemized

$35,508,442

$35,508,442

$35,508,442

TOTAL PUBLIC FUNDS

$108,138,838 $108,138,838 $108,138,838

77.3 Add funds to reflect new CMO provider fee based on 6% of their revenue beginning April 2006.

State General Funds

$145,500,635 $145,500,635 $145,500,635

Medical Assistance Program CFDA93.778

$232,324,956 $232,324,956 $232,324,956

TOTAL PUBLIC FUNDS

$377,825,591 $377,825,591 $377,825,591

77.4 Reflect projected revenue from ambulance licensing fees.

Medical Assistance Program CFDA93.778

$3,512,802

$3,512,802

$3,512,802

Sales and Services Not Itemized

$2,200,000

$2,200,000

$2,200,000

TOTAL PUBLIC FUNDS

$5,712,802

$5,712,802

$5,712,802

77.5 Reflect reduction of Disproportionate Share Hospital (DSH) payments used for Right from the Start Medicaid

eligibility services performed by the Department of Human Resources. RSM will be funded in the Low Income

Medicaid Program with State Funds.

Medical Assistance Program CFDA93.778

($3,800,000)

($3,800,000)

($3,800,000)

Intergovernmental Transfers Not Itemized

($3,800,000)

($3,800,000)

($3,800,000)

TOTAL PUBLIC FUNDS

($7,600,000)

($7,600,000)

($7,600,000)

THURSDAY, MARCH 23, 2006

2617

Changes in the Size of the Program

77.6 Support the operation of Hughes Spalding Children's Hospital. (S:Move to Health Care Access and Improvement.)

State General Funds

$3,750,000

$3,750,000

$0

77. Indigent Care Trust Fund

Appropriation (HB1027)

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve

medically indigent Georgians. The purpose will be measured by the number and dollar amount of claims paid to hospitals

for indigent care patients.

TOTAL STATE FUNDS

$149,250,635 $149,250,635 $145,500,635

State General Funds

$149,250,635 $149,250,635 $145,500,635

TOTAL FEDERAL FUNDS

$488,978,758 $488,978,758 $488,978,758

Medical Assistance Program CFDA93.778

$488,978,758 $488,978,758 $488,978,758

TOTAL AGENCY FUNDS

$160,737,322 $160,737,322 $160,737,322

Contributions, Donations, and Forfeitures

$14,000,000

$14,000,000

$14,000,000

Contributions, Donations, and Forfeitures Not Itemized

$14,000,000

$14,000,000

$14,000,000

Intergovernmental Transfers

$144,537,322 $144,537,322 $144,537,322

Intergovernmental Transfers Not Itemized

$144,537,322 $144,537,322 $144,537,322

Sales and Services

$2,200,000

$2,200,000

$2,200,000

Sales and Services Not Itemized

$2,200,000

$2,200,000

$2,200,000

TOTAL PUBLIC FUNDS

$798,966,715 $798,966,715 $795,216,715

Medicaid: Aged, Blind, and Disabled

Continuation Budget

The purpose is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS

$897,259,297 $897,259,297 $897,259,297

State General Funds

$895,116,272 $895,116,272 $895,116,272

Tobacco Settlement Funds

$2,143,025

$2,143,025

$2,143,025

TOTAL FEDERAL FUNDS

$2,327,230,795 $2,327,230,795 $2,327,230,795

Medical Assistance Program CFDA93.778

$2,327,230,795 $2,327,230,795 $2,327,230,795

TOTAL AGENCY FUNDS

$91,726,671

$91,726,671

$91,726,671

Intergovernmental Transfers

$91,726,671

$91,726,671

$91,726,671

Intergovernmental Transfers Not Itemized

$91,726,671

$91,726,671

$91,726,671

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$270,155,171 $270,155,171 $270,155,171

Optional Medicaid Services Payments

$270,155,171 $270,155,171 $270,155,171

2618

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$3,586,371,934 $3,586,371,934 $3,586,371,934

Changes in Who is Served by the Program

78.1 Reduce Medicaid cost based on performing an eligibility review/audit of the eligibility system and

members.(G:Assume 0.9% impact on eligibility.)(S:Assume 1.0% impact on eligibility.)

State General Funds

($6,250,000)

($6,843,750)

($7,732,148)

Medical Assistance Program CFDA93.778

($9,979,551) ($10,927,608) ($12,346,138)

TOTAL PUBLIC FUNDS

($16,229,551) ($17,771,358) ($20,078,286)

Changes in Operations / Administration

78.2 Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider

over-payment for years of service FY2002 to FY2005.

State General Funds

($26,229,750) ($32,249,752) ($26,229,750)

Medical Assistance Program CFDA93.778

($41,881,779) ($51,494,085) ($41,881,779)

TOTAL PUBLIC FUNDS

($68,111,529) ($83,743,837) ($68,111,529)

78.3 Reduce Medicaid benefit costs by implementing an Administrative Services Organization model as a gatekeeper

and manager of services. Assumes reduction of expenditures by 8%.

State General Funds

($20,000,000) ($24,847,200) ($22,500,000)

Medical Assistance Program CFDA93.778

($31,934,562) ($39,674,223) ($35,926,380)

TOTAL PUBLIC FUNDS

($51,934,562) ($64,521,423) ($58,426,380)

78.4 Update nursing home reimbursement rates to the FY2004 cost reports. (H and S:Update nursing homes fees to the

FY2005 cost reports using 5.83% growth allowance from increasing nursing home provider fee from $9.15 to

$12.74.)

State General Funds

$20,030,472

$20,030,472

$20,030,472

Medical Assistance Program CFDA93.778

$31,983,218

$31,983,218

$31,983,218

TOTAL PUBLIC FUNDS

$52,013,690

$52,013,690

$52,013,690

Changes in How the Program is Funded

78.5 Add funds to replace the loss of Upper Payment Limit (UPL) funds. Per agreement with CMS about the states

continuation of the UPL Program, the practice of overmatching ended July 1, 2005.

State General Funds

$91,726,671

$90,000,000

$90,000,000

Intergovernmental Transfers Not Itemized

($91,726,671) ($91,726,671) ($91,726,671)

TOTAL PUBLIC FUNDS

$0

($1,726,671)

($1,726,671)

78.6 Adjust funds needed for match in Medicaid benefits due to change in the federal match rate from 0.6056 to 0.6149.

THURSDAY, MARCH 23, 2006

2619

State General Funds

($36,545,869) ($36,545,869) ($36,545,869)

Medical Assistance Program CFDA93.778

$36,545,869

$36,545,869

$36,545,869

TOTAL PUBLIC FUNDS

$0

$0

$0

78.7 Change fund sources to support Independent Care Waiver Slots.

State General Funds

$2,143,025

$2,143,025

$2,143,025

Tobacco Settlement Funds

($2,143,025)

($2,143,025)

($2,143,025)

TOTAL PUBLIC FUNDS

$0

$0

$0

78.8 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of

Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early,

Accounts Receivable Balances.

State General Funds

($73,645,233) ($79,645,233) ($76,645,233)

Reserved Fund Balances Not Itemized

$73,645,233

$79,645,233

$73,645,233

TOTAL PUBLIC FUNDS

$0

$0

($3,000,000)

Changes in What Services are Offered

78.9 Fund an additional $20 monthly supplement for nursing home residents who receive Supplemental Security Income

to purchase personal items such as shampoo and toothpaste. (H and S:Fund a monthly supplement of $20 to be

used by all persons on Medical Assistance in nursing homes, as well as those in the hospice program in nursing

home settings.)

State General Funds

$1,044,962

$3,174,962

$3,174,962

Changes in the Size of the Program

78.10 Increase funds in Medicaid benefits to reflect projected growth in FY2007. (G and H:Assume 5.7%

growth.)(S:Assume 5.5% growth.)

State General Funds

$141,544,540 $141,544,540 $137,719,745

Medical Assistance Program CFDA93.778

$271,670,900 $271,670,900 $263,958,886

Optional Medicaid Services Payments

$28,597,701

$28,597,701

$27,594,272

TOTAL PUBLIC FUNDS

$441,813,141 $441,813,141 $429,272,903

78.11 Realign funds to project balance between Medicaid programs.

State General Funds

($32,537,965) ($32,537,965)

Medical Assistance Program CFDA93.778

($51,878,676) ($51,878,676)

Optional Medicaid Services Payments

$0

$0

TOTAL PUBLIC FUNDS

($84,416,641) ($84,416,641)

2620

JOURNAL OF THE SENATE

78.12 Add 152 new slots to the Independent Care Waiver Program (ICWP) for Disabilities and Traumatic Brain Injuries.

(S:10 slots annualized from HB1026 and 142 new slots.)

State General Funds

$3,286,957

$3,286,957

Medical Assistance Program CFDA93.778

$5,248,376

$5,248,376

TOTAL PUBLIC FUNDS

$8,535,333

$8,535,333

78. Medicaid: Aged, Blind, and Disabled

Appropriation (HB1027)

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS

$988,935,090 $942,626,459 $949,280,468

State General Funds

$988,935,090 $942,626,459 $949,280,468

TOTAL FEDERAL FUNDS

$2,583,634,890 $2,518,704,566 $2,522,934,171

Medical Assistance Program CFDA93.778

$2,583,634,890 $2,518,704,566 $2,522,934,171

TOTAL AGENCY FUNDS

$73,645,233

$79,645,233

$73,645,233

Reserved Fund Balances

$73,645,233

$79,645,233

$73,645,233

Reserved Fund Balances Not Itemized

$73,645,233

$79,645,233

$73,645,233

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$298,752,872 $298,752,872 $297,749,443

Optional Medicaid Services Payments

$298,752,872 $298,752,872 $297,749,443

TOTAL PUBLIC FUNDS

$3,944,968,085 $3,839,729,130 $3,843,609,315

Medicaid: Low-Income Medicaid

Continuation Budget

The purpose is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$1,085,234,722 $1,085,234,722 $1,085,234,722

State General Funds

$1,034,261,066 $1,034,261,066 $1,034,261,066

Tobacco Settlement Funds

$50,973,656

$50,973,656

$50,973,656

TOTAL FEDERAL FUNDS

$1,439,078,743 $1,439,078,743 $1,439,078,743

Medical Assistance Program CFDA93.778

$1,439,078,743 $1,439,078,743 $1,439,078,743

TOTAL AGENCY FUNDS

$55,243,078

$55,243,078

$55,243,078

Intergovernmental Transfers

$55,243,078

$55,243,078

$55,243,078

Intergovernmental Transfers Not Itemized

$55,243,078

$55,243,078

$55,243,078

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$51,458,128

$51,458,128

$51,458,128

Optional Medicaid Services Payments

$51,458,128

$51,458,128

$51,458,128

TOTAL PUBLIC FUNDS

$2,631,014,671 $2,631,014,671 $2,631,014,671

Changes in Who is Served by the Program

THURSDAY, MARCH 23, 2006

2621

79.1 Reduce Medicaid cost based on performing an eligibility review/audit of the eligibility system and members.

(G:Assume 0.9% impact on eligiblity.)(S:Assume 1.0% impact on eligibility.)

State General Funds

($18,750,000) ($20,531,250) ($19,935,919)

Medical Assistance Program CFDA93.778

($29,938,652) ($32,782,824) ($31,832,244)

TOTAL PUBLIC FUNDS

($48,688,652) ($53,314,074) ($51,768,163)

Changes in Operations / Administration

79.2 Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider

over-payment for years of service FY2002 to FY2005.

State General Funds

($44,363,597) ($48,245,103) ($44,363,597)

Medical Assistance Program CFDA93.778

($70,836,603) ($77,034,312) ($70,836,603)

TOTAL PUBLIC FUNDS

($115,200,200) ($125,279,415) ($115,200,200)

79.3 Add funds for additional costs to move from cash to accrual basis in order to reimburse capitation payments to

CMO providers. DCH Medicaid benefits budget has been on a cash basis since FY2002. The capitation payments

are on accrual basis.

State General Funds

$102,514,604 $102,514,604 $102,514,604

Medical Assistance Program CFDA93.778

$163,687,951 $163,687,951 $163,687,951

TOTAL PUBLIC FUNDS

$266,202,555 $266,202,555 $266,202,555

79.4 Reduce Medicaid benefits funds based on projected savings from implementation of the Managed Care Model.

This program began January 1, 2006, in two regional locations - Atlanta and Central regions. In FY2007 the

program will be statewide.

State General Funds

($78,459,736) ($78,459,736) ($78,459,736)

Medical Assistance Program CFDA93.778

($125,278,867) ($125,278,867) ($125,278,867)

TOTAL PUBLIC FUNDS

($203,738,603) ($203,738,603) ($203,738,603)

Changes in How the Program is Funded

79.5 Replace funds eliminated in Indigent Care Trust Funds for Right from the Start Medicaid (RSM) due to federal

policy changes in the Disproportionate Share Hospital (DSH) program.

State General Funds

$22,000,000

$22,000,000

$22,000,000

Medical Assistance Program CFDA93.778

$35,128,019

$35,128,019

$35,128,019

TOTAL PUBLIC FUNDS

$57,128,019

$57,128,019

$57,128,019

2622

JOURNAL OF THE SENATE

79.6 Add funds to replace the loss of Upper Payment Limit (UPL) funds for pregnant women and children. Per

agreement with CMS about the state's continuation of the UPL program, the practice of overmatching ended on

July 1, 2005.

State General Funds

$55,243,078

$55,243,078

$55,243,078

Intergovernmental Transfers Not Itemized

($55,243,078) ($55,243,078) ($55,243,078)

TOTAL PUBLIC FUNDS

$0

$0

$0

79.7 Reduce funds and increase federal funds needed for match in Medicaid benefits due to change in the federal match

rate from 0.6056 to 0.6149.

State General Funds

($24,016,224) ($24,016,224) ($24,016,224)

Medical Assistance Program CFDA93.778

$24,016,224

$24,016,224

$24,016,224

TOTAL PUBLIC FUNDS

$0

$0

$0

79.8 Add funds to reflect new CMO provider fee based on 6% of their revenue.

State General Funds

($145,500,635) ($145,500,635) ($145,500,635)

Medical Assistance Program CFDA93.778

($232,324,956) ($232,324,956) ($232,324,956)

TOTAL PUBLIC FUNDS

($377,825,591) ($377,825,591) ($377,825,591)

79.9 Transfer funds from the Department of Human Resources Community Services Adult program to implement

Georgia Healthy Families which serves Medicaid clients who receive mental health services. (S:Change in CMO

implementation dates for the six regions in the state.)

State General Funds

$17,910,517

$17,910,517

$17,178,027

Optional Medicaid Services Payments

($17,910,517) ($17,910,517) ($17,178,027)

TOTAL PUBLIC FUNDS

$0

$0

$0

79.10 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of

Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, costs settlements collected early

and Accounts Receivable balances.

State General Funds

($79,093,788) ($79,093,788) ($79,093,788)

Reserved Fund Balances Not Itemized

$79,093,788

$79,093,788

$79,093,788

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

79.11 Increase reimbursement rate for Health Checks for children ages 0 to 8. (S:Increase rate from $55.38 to $67.38.)

State General Funds

$1,000,000

$1,857,521

THURSDAY, MARCH 23, 2006

2623

Medical Assistance Program CFDA93.778

$1,596,728

$2,983,555

TOTAL PUBLIC FUNDS

$2,596,728

$4,841,076

79.12 Fund Medicaid costs associated with the expansion of the newborn screening program administered by the

Department of Human Resources. (S:Reflect change in implementation date from July 2006 to January 2007.)

State General Funds

$998,384

$498,384

$449,192

Medical Assistance Program CFDA93.778

$1,594,148

$795,784

$717,237

TOTAL PUBLIC FUNDS

$2,592,532

$1,294,168

$1,166,429

79.13 Increase funds in Medicaid Benefits to reflect projected growth. (G and H:Assume 5.7% growth.)(S:Assume 5.5%

growth.)

State General Funds

$79,618,711

$79,618,711

$76,891,893

Medical Assistance Program CFDA93.778

$127,129,435 $127,129,435 $122,851,056

TOTAL PUBLIC FUNDS

$206,748,146 $206,748,146 $199,742,949

79.14 Realign funds to project balance between Medicaid programs.

State General Funds

$32,537,965

$32,537,965

Medical Assistance Program CFDA93.778

$51,878,676

$51,878,676

TOTAL PUBLIC FUNDS

$84,416,641

$84,416,641

79.15 Provide dental coverage for Medicaid eligible pregnant women, limited to these codes: 0120, 0150, 0180, 1204,

0110, 2330, 2331, 2332, 2140, 2150, 2160, 2161, 2335, 2391, 2392, 2393, 2394, 4240, 4241, 4910, 4341, 4342,

7286, 9110, and 9215.

State General Funds

$2,500,000

$2,500,000

Medical Assistance Program CFDA93.778

$3,991,820

$3,991,820

TOTAL PUBLIC FUNDS

$6,491,820

$6,491,820

79.16 Increase reimbursement rate for Speech Therapy visits.

State General Funds

$346,590

$346,590

Medical Assistance Program CFDA93.778

$553,410

$553,410

TOTAL PUBLIC FUNDS

$900,000

$900,000

79. Medicaid: Low-Income Medicaid

Appropriation (HB1027)

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$973,336,036 $1,003,557,835 $1,005,383,693

State General Funds

$922,362,380 $952,584,179 $954,410,037

Tobacco Settlement Funds

$50,973,656

$50,973,656

$50,973,656

2624

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$1,332,255,442 $1,332,255,442
$79,093,788 $79,093,788 $79,093,788 $33,547,611 $33,547,611 $2,418,232,877

$1,380,435,831 $1,380,435,831
$79,093,788 $79,093,788 $79,093,788 $33,547,611 $33,547,611 $2,496,635,065

$1,384,614,021 $1,384,614,021
$79,093,788 $79,093,788 $79,093,788 $34,280,101 $34,280,101 $2,503,371,603

Nursing Home Provider Fees

Continuation Budget

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees

paid to the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31. The sum of money is

appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS

$100,229,284 $100,229,284 $100,229,284

State General Funds

$100,229,284 $100,229,284 $100,229,284

TOTAL FEDERAL FUNDS

$147,967,356 $147,967,356 $147,967,356

Medical Assistance Program CFDA93.778

$147,967,356 $147,967,356 $147,967,356

TOTAL PUBLIC FUNDS

$248,196,640 $248,196,640 $248,196,640

Changes in How the Program is Funded

80.2 Update nursing home reimbursement rates to the FY 2005 cost reports using 5.83% growth allowance by

increasing nursing home provider fees from $9.15 to $12.74.

State General Funds

$0

80.3 Increase reimbursement rates to nursing homes to reflect the Medicaid share of the additional provider fee cost.

State General Funds

$0

Changes in the Size of the Program

80.1 Adjust to reflect actual nursing home provider fee revenue in FY 2007.

State General Funds

($942,108)

($942,108)

($942,108)

Medical Assistance Program CFDA93.778

($1,446,604)

($1,446,604)

($1,446,604)

TOTAL PUBLIC FUNDS

($2,388,712)

($2,388,712)

($2,388,712)

THURSDAY, MARCH 23, 2006

2625

80. Nursing Home Provider Fees

Appropriation (HB1027)

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees

paid to the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31. The sum of money is

appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS

$99,287,176

$99,287,176

$99,287,176

State General Funds

$99,287,176

$99,287,176

$99,287,176

TOTAL FEDERAL FUNDS

$146,520,752 $146,520,752 $146,520,752

Medical Assistance Program CFDA93.778

$146,520,752 $146,520,752 $146,520,752

TOTAL PUBLIC FUNDS

$245,807,928 $245,807,928 $245,807,928

PeachCare

Continuation Budget

The purpose is to offer comprehensive health care to uninsured children living in Georgia.

TOTAL STATE FUNDS

$67,159,673

$67,159,673

$67,159,673

State General Funds

$62,188,968

$62,188,968

$62,188,968

Tobacco Settlement Funds

$4,970,705

$4,970,705

$4,970,705

TOTAL FEDERAL FUNDS

$174,337,041 $174,337,041 $174,337,041

State Children's Insurance Program CFDA93.767

$174,337,041 $174,337,041 $174,337,041

TOTAL PUBLIC FUNDS

$241,496,714 $241,496,714 $241,496,714

Changes to the Purpose or the Purpose Measure

81.2 SAC: The purpose of this appropriation is to improve access to healthcare for qualified low-income families.

House: To improve access to healthcare for qualified low-income families.

State General Funds

$0

$0

Changes in Operations / Administration

81.3 Restore the dental codes cut in the FY2006 budget in the PeachCare dental budget using funds already included in

the CMO rates as members move into risk-based managed care.

State General Funds

$0

$0

Changes in How the Program is Funded

81.1 Increase federal funds needed for match in PeachCare benefits due to change in the federal match rate from

0.7240 to 0.7310.

State Children's Insurance Program CFDA93.767

$8,167,498

$8,167,498

$8,167,498

81. PeachCare

Appropriation (HB1027)

The purpose of this appropriation is to improve access to healthcare for qualified low-income families.

2626

JOURNAL OF THE SENATE

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL PUBLIC FUNDS

$67,159,673 $62,188,968
$4,970,705 $182,504,539 $182,504,539 $249,664,212

$67,159,673 $62,188,968
$4,970,705 $182,504,539 $182,504,539 $249,664,212

$67,159,673 $62,188,968
$4,970,705 $182,504,539 $182,504,539 $249,664,212

State Health Benefit Plan

Continuation Budget

The purpose is to provide to state employees a healthcare benefit that is competitive with other commercial benefit plans in

quality of care, access to providers and efficient management of provider fees. It is the intent of this General Assembly that

the employer contribution rate for the teachers' and state employees' health benefit plan for SFY 2006 shall not exceed

14.30%.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,959,882,468 $1,959,882,468 $1,959,882,468

Health Insurance Payments

$1,959,882,468 $1,959,882,468 $1,959,882,468

TOTAL PUBLIC FUNDS

$1,959,882,468 $1,959,882,468 $1,959,882,468

Statewide Changes

82.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Health Insurance Payments

$206,991,162 $206,991,162 $206,991,162

Changes to the Purpose or the Purpose Measure

82.5 SAC: The purpose of this appropriation is to provide a healthcare benefit that is competitive with other commercial

benefit plans in quality of care, access to providers and efficient management of provider fees and utilization. It is

the intent of this General Assembly that the employer contribution rate for the teachers' and state employees' health

benefit plan for calendar year 2006 shall not exceed 16.713%.

House: To provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care,

access to providers and efficient management of provider fees and utilization. It is the intent of this General

Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for calendar

year 2006 shall not exceed 16.713%.

State General Funds

$0

$0

THURSDAY, MARCH 23, 2006

2627

Changes in Operations / Administration

82.2 Increase funds to reflect appropriated employer contributions and employee premiums for the State Health Benefit

Plan.

Health Insurance Payments

$244,560,432 $244,560,432 $244,560,432

82.3 The Department of Community Health and the Board of Regents shall offer a Health Reimbursement Arrangement

(HRA) for every SHBP participant and fund a Health Incentive Account (HIA) that rewards changed behaviors of

plan participants that have demonstrated savings.

Health Insurance Payments

($2,500,000)

$0

Changes in the Size of the Program

82.4 Remove prior approval for Omeprazole OTC as the only PPI paid for in the SHBP and the Board of Regents Plan.

Health Insurance Payments

($9,500,000)

$0

82. State Health Benefit Plan

Appropriation (HB1027)

The purpose of this appropriation is to provide a healthcare benefit that is competitive with other commercial benefit plans

in quality of care, access to providers and efficient management of provider fees and utilization. It is the intent of this

General Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for calendar

year 2006 shall not exceed 16.713%.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,411,434,062 $2,399,434,062 $2,411,434,062

Health Insurance Payments

$2,411,434,062 $2,399,434,062 $2,411,434,062

TOTAL PUBLIC FUNDS

$2,411,434,062 $2,399,434,062 $2,411,434,062

Composite Board of Medical Examiners

Continuation Budget

The purpose of this program is to ensure quality health care by licensing qualified applicants as physicians, physician's

assistants, physician residents in training, per fusionists, respiratory care professionals, acupuncturists and auricular (ear)

detoxification specialists.

TOTAL STATE FUNDS

$2,135,705

$2,135,705

$2,135,705

State General Funds

$2,135,705

$2,135,705

$2,135,705

TOTAL PUBLIC FUNDS

$2,135,705

$2,135,705

$2,135,705

Statewide Changes

83.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$64,850

$64,850

$64,850

2628

JOURNAL OF THE SENATE

Changes to the Purpose or the Purpose Measure

83.4 SAC: The purpose of this appropriation is to protect the public's health by ensuring healthcare practioners are

qualified to practice in the State of Georgia.

House: To protect the public's health by ensuring healthcare practioners are qualified to practice in the State of

Georgia.

State General Funds

$0

$0

Changes in Operations / Administration

83.2 Reduce funding to reflect addition of an interactive voice response system (IVR) to enhance customer service.

State General Funds

($3,000)

($3,000)

($3,000)

Changes in the Size of the Program

83.3 Add funding for reviews when a physician has practiced medicine below acceptable standards.

State General Funds

$5,000

$5,000

$5,000

83. Composite Board of Medical Examiners

Appropriation (HB1027)

The purpose of this appropriation is to protect the public's health by ensuring healthcare practioners are qualified to

practice in the State of Georgia.

TOTAL STATE FUNDS

$2,202,555

$2,202,555

$2,202,555

State General Funds

$2,202,555

$2,202,555

$2,202,555

TOTAL PUBLIC FUNDS

$2,202,555

$2,202,555

$2,202,555

Physician Workforce, Georgia Board of: Board

Continuation Budget

The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce.

TOTAL STATE FUNDS

$533,241

$533,241

$533,241

State General Funds

$533,241

$533,241

$533,241

TOTAL PUBLIC FUNDS

$533,241

$533,241

$533,241

Statewide Changes

84.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$26,214

$26,214

$26,214

Changes to the Purpose or the Purpose Measure

84.2 SAC: The purpose of this appropriation is to provide administrative support to all agency programs. The purpose

will be measured by the agency administrative costs as a percent of total agency cost.

House: To provide administrative support to all agency programs.

State General Funds

$0

$0

THURSDAY, MARCH 23, 2006

2629

84. Physician Workforce, Georgia Board of: Board

Appropriation (HB1027)

Administration

The purpose of this appropriation is to provide administrative support to all agency programs. The purpose will be

measured by the agency administrative costs as a percent of total agency cost.

TOTAL STATE FUNDS

$559,455

$559,455

$559,455

State General Funds

$559,455

$559,455

$559,455

TOTAL PUBLIC FUNDS

$559,455

$559,455

$559,455

Physician Workforce, Georgia Board of: Graduate Medical

Continuation Budget

Education

The purpose is to ensure an adequate supply of primary care and other needed physician specialists through cost effective

public/private partnerships with Georgia's private medical schools.

TOTAL STATE FUNDS

$6,501,965

$6,501,965

$6,501,965

State General Funds

$6,501,965

$6,501,965

$6,501,965

TOTAL PUBLIC FUNDS

$6,501,965

$6,501,965

$6,501,965

Changes to the Purpose or the Purpose Measure

85.4 SAC: The purpose of this appropriation is to address the physician workforce needs of Georgia communities

through the support and development of medical education programs.

House: To address the physician workforce needs of Georgia communities through the support and development of

medical education programs.

State General Funds

$0

$0

Changes in the Size of the Program

85.1 Provide funds to increase the size of the Pediatric Residency Program at the Medical Center of Central Georgia.

State General Funds

$36,579

$36,579

$36,579

85.2 Fund a 4% increase in the capitation rates for the Family Practice Residency program. (S:2% increase.)

State General Funds

$159,280

$79,640

85.3 Fund a 4% increase in the capitation rates for the Pediatrics Residency program. (S:2% increase.)

State General Funds

$72,291

$36,146

85. Physician Workforce, Georgia Board of: Graduate

Appropriation (HB1027)

Medical Education

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support

and development of medical education programs.

2630

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$6,538,544

$6,770,115

$6,654,330

State General Funds

$6,538,544

$6,770,115

$6,654,330

TOTAL PUBLIC FUNDS

$6,538,544

$6,770,115

$6,654,330

Physician Workforce, Georgia Board of: Mercer School of

Continuation Budget

Medicine Grant

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$17,960,862

$17,960,862

$17,960,862

State General Funds

$17,960,862

$17,960,862

$17,960,862

TOTAL PUBLIC FUNDS

$17,960,862

$17,960,862

$17,960,862

Changes to the Purpose or the Purpose Measure

86.2 SAC: The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of

primary and other needed physician specialists through a public/private partnership with Mercer University

School of Medicine.

House: The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of

primary and other needed physician specialists through a public/private partnership with Mercer University

School of Medicine.

State General Funds

$0

$0

Changes in the Size of the Program

86.1 Increase operating grant.

State General Funds

$0

$1,000,000

$1,100,000

86. Physician Workforce, Georgia Board of: Mercer School of

Appropriation (HB1027)

Medicine Grant

The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of primary and other

needed physician specialists through a public/private partnership with Mercer University School of Medicine.

TOTAL STATE FUNDS

$17,960,862

$18,960,862

$19,060,862

State General Funds

$17,960,862

$18,960,862

$19,060,862

TOTAL PUBLIC FUNDS

$17,960,862

$18,960,862

$19,060,862

Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant

Continuation Budget

THURSDAY, MARCH 23, 2006

2631

The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved

Georgians.

TOTAL STATE FUNDS

$10,141,628

$10,141,628

$10,141,628

State General Funds

$10,141,628

$10,141,628

$10,141,628

TOTAL PUBLIC FUNDS

$10,141,628

$10,141,628

$10,141,628

Changes to the Purpose or the Purpose Measure

87.2 SAC: The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary and

other needed physician specialists through a public/private partnership with Morehouse School of Medicine.

House: The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary and

other needed physician specialists through a public/private partnership with Morehouse School of Medicine.

State General Funds

$0

$0

Changes in the Size of the Program

87.1 Increase operating grant.

State General Funds

$0

$405,665

$405,665

87. Physician Workforce, Georgia Board of: Morehouse

Appropriation (HB1027)

School of Medicine Grant

The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary and other needed

physician specialists through a public/private partnership with Morehouse School of Medicine.

TOTAL STATE FUNDS

$10,141,628

$10,547,293

$10,547,293

State General Funds

$10,141,628

$10,547,293

$10,547,293

TOTAL PUBLIC FUNDS

$10,141,628

$10,547,293

$10,547,293

Physician Workforce, Georgia Board of: Undergraduate

Continuation Budget

Medical Education

The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the

support and development of medical education programs.

TOTAL STATE FUNDS

$3,428,706

$3,428,706

$3,428,706

State General Funds

$3,428,706

$3,428,706

$3,428,706

TOTAL PUBLIC FUNDS

$3,428,706

$3,428,706

$3,428,706

Changes to the Purpose or the Purpose Measure

88.2 SAC: The purpose of this appropriation is to ensure an adequate supply of primary care and other needed

physician specialists through a public/private partnership with certain private medical schools in Georgia. The

2632

JOURNAL OF THE SENATE

purpose will be measured by the number of medical students entering core specialty residency programs upon

graduation from medical school.

House: To ensure an adequate supply of primary care and other needed physician specialists through a

public/private partnership with certain private medical schools in Georgia.

State General Funds

$0

$0

Changes in the Size of the Program

88.1 Fund a 4% increase in the capitation rates for the Georgia Medical Student program(S:2% increase).

State General Funds

$0

$146,370

$73,185

88. Physician Workforce, Georgia Board of: Undergraduate

Appropriation (HB1027)

Medical Education

The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists

through a public/private partnership with certain private medical schools in Georgia. The purpose will be measured by the

number of medical students entering core specialty residency programs upon graduation from medical school.

TOTAL STATE FUNDS

$3,428,706

$3,575,076

$3,501,891

State General Funds

$3,428,706

$3,575,076

$3,501,891

TOTAL PUBLIC FUNDS

$3,428,706

$3,575,076

$3,501,891

Medical Education Board, State

Continuation Budget

The purpose is to provide an adequate supply of physicians in rural areas of the state; and to provide a program of aid to

promising medical students.

TOTAL STATE FUNDS

$1,352,788

$1,352,788

$1,352,788

State General Funds

$1,352,788

$1,352,788

$1,352,788

TOTAL PUBLIC FUNDS

$1,352,788

$1,352,788

$1,352,788

Statewide Changes

89.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$9,928

$9,928

$9,928

Changes to the Purpose or the Purpose Measure

89.5 SAC: The purpose of this appropriation is to ensure an adequate supply of physician in rural areas of the state;

and to provide a program to aid promising medical students. The purpose will be measured the number of

physicians in rural areas.

House: To ensure an adequate supply of physician in rural areas of the state; and to provide a program to aid

promising medical students.

THURSDAY, MARCH 23, 2006

2633

State General Funds

$0

$0

Changes in the Size of the Program

89.2 Increase contract with the Georgia Student Finance Commission for monitoring of outstanding loan repayment

collections.

State General Funds

$15,000

$15,000

$15,000

89.3 Increase funding for the Medical Fair to get doctors to practice in rural areas of Georgia.

State General Funds

$20,000

$20,000

$20,000

89.4 Provide additional funds for physicians seeking to practice in rural Georgia by assisting with medical debt

payments.

State General Funds

$15,000

$15,000

$15,000

89. Medical Education Board, State

Appropriation (HB1027)

The purpose of this appropriation is to ensure an adequate supply of physician in rural areas of the state; and to provide a

program to aid promising medical students. The purpose will be measured the number of physicians in rural areas.

TOTAL STATE FUNDS

$1,412,716

$1,412,716

$1,412,716

State General Funds

$1,412,716

$1,412,716

$1,412,716

TOTAL PUBLIC FUNDS

$1,412,716

$1,412,716

$1,412,716

This paragraph applies to and only to the appropriations for the "MEDICAID: LOW-INCOME MEDICAID" and

"MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department of Community Health. The appropriation of

a particular fund source for each program is the amount stated plus up to an additional amount of 2 percent (2%) of the

amount stated. However, if the additional authority is used, the appropriation of the same fund source for the other

program to that agency is reduced in the same amount, such that the stated total in program appropriations from that fund

source for the two programs is not exceeded. However, the additional amount must be from a fund source which is lawfully

available for the program to which it is added.

Section 18: Corrections, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$927,228,065 $927,228,065 $927,228,065

State General Funds

$927,228,065 $927,228,065 $927,228,065

TOTAL FEDERAL FUNDS

$10,316,943

$10,316,943

$10,316,943

Federal Funds Not Itemized

$10,316,943

$10,316,943

$10,316,943

TOTAL AGENCY FUNDS

$21,256,350

$21,256,350

$21,256,350

Royalties and Rents

$3,837,834

$3,837,834

$3,837,834

2634

JOURNAL OF THE SENATE

Sales and Services

$17,418,516

$17,418,516

$17,418,516

TOTAL PUBLIC FUNDS

$958,801,358 $958,801,358 $958,801,358

Section Total - Final

TOTAL STATE FUNDS

$997,005,543 $992,852,094 $994,306,209

State General Funds

$997,005,543 $992,852,094 $994,306,209

TOTAL FEDERAL FUNDS

$6,448,312

$6,448,312

$11,435,687

Federal Funds Not Itemized

$6,448,312

$6,448,312

$11,433,276

Federal Highway Administration Planning & Construction

$2,411

CFDA20.205

TOTAL AGENCY FUNDS

$20,603,800

$20,603,800

$36,024,102

Reserved Fund Balances

$214,865

$214,865

$214,865

Royalties and Rents

$3,462,003

$3,462,003

$6,520,742

Sales and Services

$16,926,932

$16,926,932

$29,288,495

TOTAL PUBLIC FUNDS

$1,024,057,655 $1,019,904,206 $1,041,765,998

Bainbridge Probation Substance Abuse Treatment Center

Continuation Budget

The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided

by regular community supervision.

TOTAL STATE FUNDS

$3,226,673

$3,226,673

$3,226,673

State General Funds

$3,226,673

$3,226,673

$3,226,673

TOTAL FEDERAL FUNDS

$20,743

$20,743

$20,743

Federal Funds Not Itemized

$20,743

$20,743

$20,743

TOTAL AGENCY FUNDS

$7,046

$7,046

$7,046

Sales and Services

$7,046

$7,046

$7,046

Sales and Services Not Itemized

$7,046

$7,046

$7,046

TOTAL PUBLIC FUNDS

$3,254,462

$3,254,462

$3,254,462

Statewide Changes

90.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$99,113

$99,113

$99,113

Changes in How the Program is Funded

90.5 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$400,480

THURSDAY, MARCH 23, 2006

2635

Sales and Services Not Itemized

$6,807

TOTAL PUBLIC FUNDS

$407,287

Changes in the Size of the Program

90.2 Provide start-up funding and three months operating for the Bainbridge Probation Substance Abuse Treatment

Center's 192 bed expansion.

State General Funds

$1,389,359

$1,389,359

$1,389,359

90.3 Reduce funds to reflect projected program expenditures.

State General Funds

($51,930)

($51,930)

($51,930)

90.4 Realign contract funds to more accurately reflect program expenditures.

State General Funds

$27,130

$27,130

$27,130

90. Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB1027)

The purpose of this appropriation is to provide a sanctioning option for probationers who require more security and

supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$4,690,345

$4,690,345

$4,690,345

State General Funds

$4,690,345

$4,690,345

$4,690,345

TOTAL FEDERAL FUNDS

$20,743

$20,743

$421,223

Federal Funds Not Itemized

$20,743

$20,743

$421,223

TOTAL AGENCY FUNDS

$7,046

$7,046

$13,853

Sales and Services

$7,046

$7,046

$13,853

Sales and Services Not Itemized

$7,046

$7,046

$13,853

TOTAL PUBLIC FUNDS

$4,718,134

$4,718,134

$5,125,421

Compensation Per General Assembly Resolutions

Continuation Budget

The purpose is to fund HR108 of the 2005 session.

TOTAL STATE FUNDS

$512,377

$512,377

$512,377

State General Funds

$512,377

$512,377

$512,377

TOTAL PUBLIC FUNDS

$512,377

$512,377

$512,377

One-Time Expense

91.1 Remove Inmate Compensation funds originally appropriated in FY2006 in accordance with HR108.

State General Funds

($512,377)

($512,377)

($512,377)

County Jail Subsidy

Continuation Budget

The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

2636

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$9,653,491

$9,653,491

$9,653,491

State General Funds

$9,653,491

$9,653,491

$9,653,491

TOTAL FEDERAL FUNDS

$2,501,508

$2,501,508

$2,501,508

Federal Funds Not Itemized

$2,501,508

$2,501,508

$2,501,508

TOTAL PUBLIC FUNDS

$12,154,999

$12,154,999

$12,154,999

Changes in How the Program is Funded

92.1 Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP).

Federal Funds Not Itemized

($2,501,508)

($2,501,508)

($2,501,508)

Changes in the Size of the Program

92.2 Reduce funding for County Subsidy for Jails to reflect reduction in county jail backlog.

State General Funds

($4,854,999)

($4,854,999)

($4,854,999)

92. County Jail Subsidy

Appropriation (HB1027)

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local

facilities.

TOTAL STATE FUNDS

$4,798,492

$4,798,492

$4,798,492

State General Funds

$4,798,492

$4,798,492

$4,798,492

TOTAL PUBLIC FUNDS

$4,798,492

$4,798,492

$4,798,492

Departmental Administration

Continuation Budget

The purpose is to protect and serve the citizens of Georgia by providing an effective and efficient department that

administers a balanced correctional system.

TOTAL STATE FUNDS

$53,012,017

$53,012,017

$53,012,017

State General Funds

$53,012,017

$53,012,017

$53,012,017

TOTAL FEDERAL FUNDS

$1,836,000

$1,836,000

$1,836,000

Federal Funds Not Itemized

$1,836,000

$1,836,000

$1,836,000

TOTAL PUBLIC FUNDS

$54,848,017

$54,848,017

$54,848,017

Statewide Changes

93.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,567,873

$1,567,873

$1,567,873

Changes in Operations / Administration

93.2 Provide additional funding to reflect annualized cost of four Day Reporting Centers opened in

FY2006.(S:Annualize the costs using existing funds)

THURSDAY, MARCH 23, 2006

2637

State General Funds

$2,000

$0

$0

93.3 Provide additional funding to reflect annualized cost of the Special Education program.

State General Funds

$12,528

$12,528

$12,528

93.11 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for

the following law enforcement positions: Correction Officers, Probation Officers 1 and Probation Officers

2.(S:Add Fugitive Agents, Canine Handlers, Sergeants OID, Sergeants GDC, Transfer Officers, Investigators,

Probation Surveillance Officers, Probation Officers - Center, Probation Officers 3, and Correctional Officers -

Farm Services)

State General Funds

$4,455,176

$5,281,392

One-Time Expense

93.4 Eliminate Special Education Program startup funds.

State General Funds

($6,300)

($6,300)

($6,300)

Changes in How the Program is Funded

93.12 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$547,590

Federal Highway Administration Planning & Construction

$2,411

CFDA20.205

Royalties and Rents Not Itemized

$2,233,259

Sales and Services Not Itemized

$1,154,585

TOTAL PUBLIC FUNDS

$3,937,845

Changes in the Size of the Program

93.5 Eliminate the Bar Association Support to Improve Correctional Services (BASICS) program.

State General Funds

($100,000)

($100,000)

($100,000)

93.6 Transfer one position to the Georgia Peace Officer Standards and Training Council.

State General Funds

($43,499)

($43,499)

($43,499)

93.7 Increase funds to reflect program expenditures.

State General Funds

$2,513,950

$2,513,950

$2,513,950

93.8 Transfer funds from closing a Probation Detention Center to cover the assessment fees for fuel storage tank

maintenance.

State General Funds

$220,000

$220,000

$0

2638

JOURNAL OF THE SENATE

93.9 Realign contract funds to more accurately reflect program expenditures.

State General Funds

($214,569)

($214,569)

($214,569)

93.10 Reduce Administration Program by 13%.(S:Reduce by 2%)

State General Funds

($7,405,060)

($1,060,240)

93. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient

department that administers a balanced correctional system.

TOTAL STATE FUNDS

$56,964,000

$54,012,116

$60,963,152

State General Funds

$56,964,000

$54,012,116

$60,963,152

TOTAL FEDERAL FUNDS

$1,836,000

$1,836,000

$2,386,001

Federal Funds Not Itemized

$1,836,000

$1,836,000

$2,383,590

Federal Highway Administration Planning & Construction

$2,411

CFDA20.205

TOTAL AGENCY FUNDS

$3,387,844

Royalties and Rents

$2,233,259

Royalties and Rents Not Itemized

$2,233,259

Sales and Services

$1,154,585

Sales and Services Not Itemized

$1,154,585

TOTAL PUBLIC FUNDS

$58,800,000

$55,848,116

$66,736,997

Detention Centers

Continuation Budget

The purpose is to provide a sanctioning option for probationers who require more security or supervision than provided by

regular community supervision or a diversion center.

TOTAL STATE FUNDS

$43,455,859

$43,455,859

$43,455,859

State General Funds

$43,455,859

$43,455,859

$43,455,859

TOTAL FEDERAL FUNDS

$2,574,466

$2,574,466

$2,574,466

Federal Funds Not Itemized

$2,574,466

$2,574,466

$2,574,466

TOTAL AGENCY FUNDS

$1,136,399

$1,136,399

$1,136,399

Sales and Services

$1,136,399

$1,136,399

$1,136,399

Sales and Services Not Itemized

$1,136,399

$1,136,399

$1,136,399

TOTAL PUBLIC FUNDS

$47,166,724

$47,166,724

$47,166,724

THURSDAY, MARCH 23, 2006

2639

Statewide Changes

94.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,586,787

$1,586,787

$1,586,787

Reserved Fund Balances Not Itemized

$53,716

$53,716

$53,716

TOTAL PUBLIC FUNDS

$1,640,503

$1,640,503

$1,640,503

Changes in How the Program is Funded

94.2 Reflect the loss of federal funds from the State Criminal Alien Assistance Program (SCAAP) at the Long Inmate

Boot Camp.

Federal Funds Not Itemized

($840,301)

($840,301)

($840,301)

94.3 Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP) for three new Detention

Centers.

Federal Funds Not Itemized

($300,000)

($300,000)

($300,000)

94.8 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$2,025,459

Royalties and Rents Not Itemized

$600,000

Sales and Services Not Itemized

$4,425,085

TOTAL PUBLIC FUNDS

$7,050,544

Changes in the Size of the Program

94.4 Increase funds to reflect projected program expenditures.

State General Funds

$535,252

$535,252

$535,252

94.5 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith

State Prison.

State General Funds

($1,943,378)

($1,943,378)

($1,943,378)

Federal Funds Not Itemized

($14,865)

($14,865)

($14,865)

Sales and Services Not Itemized

($304,334)

($304,334)

($304,334)

TOTAL PUBLIC FUNDS

($2,262,577)

($2,262,577)

($2,262,577)

94.6 Transfer funds from the closing of a Probation Detention Center to provide funds for inmate release funds, food

services and fuel storage tank maintenance fees.

State General Funds

($2,195,670)

($2,195,670)

($2,195,670)

Federal Funds Not Itemized

($4,122)

($4,122)

($4,122)

Sales and Services Not Itemized

($33,754)

($33,754)

($33,754)

2640

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

($2,233,546)

($2,233,546)

($2,233,546)

94.7 Redistribute funds from the conversion of a Probation Detention Center to a State Prison Unit.

State General Funds

($2,010,646)

($2,010,646)

($2,010,646)

Federal Funds Not Itemized

($28,027)

($28,027)

($28,027)

Sales and Services Not Itemized

($23,621)

($23,621)

($23,621)

TOTAL PUBLIC FUNDS

($2,062,294)

($2,062,294)

($2,062,294)

94. Detention Centers

Appropriation (HB1027)

The purpose of this appropriation is to provide a sanctioning option for probationers who require more security or

supervision than provided by regular community supervision or a diversion center.

TOTAL STATE FUNDS

$39,428,204

$39,428,204

$39,428,204

State General Funds

$39,428,204

$39,428,204

$39,428,204

TOTAL FEDERAL FUNDS

$1,387,151

$1,387,151

$3,412,610

Federal Funds Not Itemized

$1,387,151

$1,387,151

$3,412,610

TOTAL AGENCY FUNDS

$828,406

$828,406

$5,853,491

Reserved Fund Balances

$53,716

$53,716

$53,716

Reserved Fund Balances Not Itemized

$53,716

$53,716

$53,716

Royalties and Rents

$600,000

Royalties and Rents Not Itemized

$600,000

Sales and Services

$774,690

$774,690

$5,199,775

Sales and Services Not Itemized

$774,690

$774,690

$5,199,775

TOTAL PUBLIC FUNDS

$41,643,761

$41,643,761

$48,694,305

Food and Farm Operations

Continuation Budget

The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$12,407,740

$12,407,740

$12,407,740

State General Funds

$12,407,740

$12,407,740

$12,407,740

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

Federal Funds Not Itemized

$22,000

$22,000

$22,000

TOTAL AGENCY FUNDS

$194,725

$194,725

$194,725

Sales and Services

$194,725

$194,725

$194,725

Sales and Services Not Itemized

$194,725

$194,725

$194,725

TOTAL PUBLIC FUNDS

$12,624,465

$12,624,465

$12,624,465

THURSDAY, MARCH 23, 2006

2641

Statewide Changes

95.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$217,402

$217,402

$217,402

Changes in How the Program is Funded

95.2 Reflect loss of funds due to reduced participation in employee meal program.

Sales and Services Not Itemized

($149,725)

($149,725)

($149,725)

95.5 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$136,473

Changes in the Size of the Program

95.3 Reduce funds to reflect projected program expenditures.

State General Funds

($41,677)

($41,677)

($41,677)

95.4 Transfer funds from closing a Probation Detention Center to food services.

State General Funds

$1,060,905

$1,060,905

$0

95. Food and Farm Operations

Appropriation (HB1027)

The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for

offenders.

TOTAL STATE FUNDS

$13,644,370

$13,644,370

$12,583,465

State General Funds

$13,644,370

$13,644,370

$12,583,465

TOTAL FEDERAL FUNDS

$22,000

$22,000

$22,000

Federal Funds Not Itemized

$22,000

$22,000

$22,000

TOTAL AGENCY FUNDS

$45,000

$45,000

$181,473

Sales and Services

$45,000

$45,000

$181,473

Sales and Services Not Itemized

$45,000

$45,000

$181,473

TOTAL PUBLIC FUNDS

$13,711,370

$13,711,370

$12,786,938

Health

Continuation Budget

The purpose is to provide the required constitutional level of health care to the inmates of the correctional system in the

most cost effective and humane manner possible.

TOTAL STATE FUNDS

$151,543,143 $151,543,143 $151,543,143

State General Funds

$151,543,143 $151,543,143 $151,543,143

TOTAL AGENCY FUNDS

$8,464,209

$8,464,209

$8,464,209

Sales and Services

$8,464,209

$8,464,209

$8,464,209

2642

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$8,464,209

$8,464,209

$8,464,209

TOTAL PUBLIC FUNDS

$160,007,352 $160,007,352 $160,007,352

Statewide Changes

96.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$878,954

$878,954

$878,954

Changes in How the Program is Funded

96.15 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$176,154

Sales and Services Not Itemized

$2,908,830

TOTAL PUBLIC FUNDS

$3,084,984

Changes in the Size of the Program

96.2 Increase funds for inmate mental health care.

State General Funds

$630,101

$630,101

$630,101

96.3 Increase funds for inmate dental health care.

State General Funds

$63,634

$63,634

$63,634

96.4 Increase funds for County Correctional Institutions' health care.

State General Funds

$115,053

$115,053

$115,053

96.5 Reduce funds to reflect projected program expenditures.

State General Funds

($402,267)

($402,267)

($402,267)

96.6 Provide start-up and two months of operating funds for a 192 bed expansion at Calhoun State Prison to reduce

county jail backlogs and meet increased capacity needs.

State General Funds

$134,359

$134,359

$134,359

96.7 Provide additional funding for Health Services Purchases.

State General Funds

$10,281,484

$10,281,484

$9,013,895

96.8 Provide additional funds to adequately staff inmate health services.

State General Funds

$2,173,417

$0

$0

96.9 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$5,279,374

$5,279,374

$5,279,374

96.10 Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

THURSDAY, MARCH 23, 2006

2643

State General Funds

$3,595,500

$3,595,500

$3,595,500

96.11 Provide operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State Prison

units to reduce county jail backlogs and meet increased capacity needs.

State General Funds

$3,010,233

$3,010,233

$3,010,233

96.12 Provide start-up and five months of operating funds for a 525 bed expansion at Johnson State Prison to reduce

county jail backlogs and meet increased capacity needs.

State General Funds

$883,973

$883,973

$883,973

96.13 Provide start-up funding and 3 months operating for the Bainbridge Probation Substance Abuse Treatment

Center's 192 bed expansion.

State General Funds

$178,086

$178,086

$178,086

96.14 Provide funding for Hepatitis B immunization.

State General Funds

$1,500,000

$0

96. Health

Appropriation (HB1027)

The purpose of this appropriation is to provide the required constitutional level of health care to the inmates of the

correctional system in the most cost effective and humane manner possible.

TOTAL STATE FUNDS

$178,365,044 $177,691,627 $174,924,038

State General Funds

$178,365,044 $177,691,627 $174,924,038

TOTAL FEDERAL FUNDS

$176,154

Federal Funds Not Itemized

$176,154

TOTAL AGENCY FUNDS

$8,464,209

$8,464,209

$11,373,039

Sales and Services

$8,464,209

$8,464,209

$11,373,039

Sales and Services Not Itemized

$8,464,209

$8,464,209

$11,373,039

TOTAL PUBLIC FUNDS

$186,829,253 $186,155,836 $186,473,231

Offender Management

Continuation Budget

The purpose is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS

$44,118,606

$44,118,606

$44,118,606

State General Funds

$44,118,606

$44,118,606

$44,118,606

TOTAL PUBLIC FUNDS

$44,118,606

$44,118,606

$44,118,606

Statewide Changes

97.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$229,340

$229,340

$229,340

2644

JOURNAL OF THE SENATE

Changes in the Size of the Program

97.2 Reduce funds to reflect projected program expenditures.

State General Funds

($104,698)

($104,698)

($104,698)

97.3 Transfer funds from closing a Probation Detention Center to Inmate Release Funds.

State General Funds

$150,000

$150,000

$0

97. Offender Management

Appropriation (HB1027)

The purpose of this appropriation is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS

$44,393,248

$44,393,248

$44,243,248

State General Funds

$44,393,248

$44,393,248

$44,243,248

TOTAL PUBLIC FUNDS

$44,393,248

$44,393,248

$44,243,248

Parole Revocation Centers

Continuation Budget

The purpose is to provide a sanction for parole violations.

TOTAL STATE FUNDS

$3,835,308

$3,835,308

$3,835,308

State General Funds

$3,835,308

$3,835,308

$3,835,308

TOTAL FEDERAL FUNDS

$10,510

$10,510

$10,510

Federal Funds Not Itemized

$10,510

$10,510

$10,510

TOTAL AGENCY FUNDS

$49,138

$49,138

$49,138

Sales and Services

$49,138

$49,138

$49,138

Sales and Services Not Itemized

$49,138

$49,138

$49,138

TOTAL PUBLIC FUNDS

$3,894,956

$3,894,956

$3,894,956

Statewide Changes

98.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$143,797

$143,797

$143,797

Changes in How the Program is Funded

98.3 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$525,000

Changes in the Size of the Program

98.2 Reduce funds to reflect projected program expenditures.

State General Funds

($2,847)

($2,847)

($2,847)

98. Parole Revocation Centers

Appropriation (HB1027)

The purpose of this appropriation is to provide a sanction for parole violations.

THURSDAY, MARCH 23, 2006

2645

TOTAL STATE FUNDS

$3,976,258

$3,976,258

$3,976,258

State General Funds

$3,976,258

$3,976,258

$3,976,258

TOTAL FEDERAL FUNDS

$10,510

$10,510

$10,510

Federal Funds Not Itemized

$10,510

$10,510

$10,510

TOTAL AGENCY FUNDS

$49,138

$49,138

$574,138

Sales and Services

$49,138

$49,138

$574,138

Sales and Services Not Itemized

$49,138

$49,138

$574,138

TOTAL PUBLIC FUNDS

$4,035,906

$4,035,906

$4,560,906

Private Prisons

Continuation Budget

The purpose is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS

$72,518,200

$72,518,200

$72,518,200

State General Funds

$72,518,200

$72,518,200

$72,518,200

TOTAL PUBLIC FUNDS

$72,518,200

$72,518,200

$72,518,200

Changes in the Size of the Program

99.1 Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and an additional 470 contracted

prison beds. (H:Fund 470 additional prison beds)(S:Fund CPI increase and 470 additional prison beds)

State General Funds

$4,267,522

$4,267,522

$4,267,522

99. Private Prisons

Appropriation (HB1027)

The purpose of this appropriation is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS

$76,785,722

$76,785,722

$76,785,722

State General Funds

$76,785,722

$76,785,722

$76,785,722

TOTAL PUBLIC FUNDS

$76,785,722

$76,785,722

$76,785,722

Probation Diversion Centers

Continuation Budget

The purpose is to provide a residential sentencing option that allows offenders to continue to work in the community while

receiving close supervision from corrections officials.

TOTAL STATE FUNDS

$12,784,156

$12,784,156

$12,784,156

State General Funds

$12,784,156

$12,784,156

$12,784,156

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$3,188,692

$3,188,692

$3,188,692

Royalties and Rents

$3,180,834

$3,180,834

$3,180,834

2646

JOURNAL OF THE SENATE

Royalties and Rents Not Itemized

$3,180,834

$3,180,834

$3,180,834

Sales and Services

$7,858

$7,858

$7,858

Sales and Services Not Itemized

$7,858

$7,858

$7,858

TOTAL PUBLIC FUNDS

$16,172,848

$16,172,848

$16,172,848

Statewide Changes

100.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$534,216

$534,216

$534,216

Royalties and Rents Not Itemized

$53,716

$53,716

$53,716

TOTAL PUBLIC FUNDS

$587,932

$587,932

$587,932

Changes in How the Program is Funded

100.2 Reflect the loss of federal funds from the State Criminal Alien Assistance Program (SCAAP).

Federal Funds Not Itemized

($200,000)

($200,000)

($200,000)

100.5 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$195,712

Sales and Services Not Itemized

$301,501

TOTAL PUBLIC FUNDS

$497,213

Changes in the Size of the Program

100.3 Increase funds to more accurately reflect projected program expenditures.

State General Funds

$249,324

$249,324

$249,324

100.4 Redistribute funds from the conversion of two Probation Diversion Centers to Transition Centers.

State General Funds

($1,624,714)

($1,624,714)

($1,624,714)

Royalties and Rents Not Itemized

($429,547)

($429,547)

($429,547)

TOTAL PUBLIC FUNDS

($2,054,261)

($2,054,261)

($2,054,261)

100. Probation Diversion Centers

Appropriation (HB1027)

The purpose of this appropriation is to provide a residential sentencing option that allows offenders to continue to work in

the community while receiving close supervision from corrections officials.

TOTAL STATE FUNDS

$11,942,982

$11,942,982

$11,942,982

State General Funds

$11,942,982

$11,942,982

$11,942,982

TOTAL FEDERAL FUNDS

$195,712

Federal Funds Not Itemized

$195,712

TOTAL AGENCY FUNDS

$2,812,861

$2,812,861

$3,114,362

THURSDAY, MARCH 23, 2006

2647

Royalties and Rents

$2,805,003

$2,805,003

$2,805,003

Royalties and Rents Not Itemized

$2,805,003

$2,805,003

$2,805,003

Sales and Services

$7,858

$7,858

$309,359

Sales and Services Not Itemized

$7,858

$7,858

$309,359

TOTAL PUBLIC FUNDS

$14,755,843

$14,755,843

$15,253,056

Probation Supervision

Continuation Budget

The purpose is to supervise probationers.

TOTAL STATE FUNDS

$68,632,697

$68,632,697

$68,632,697

State General Funds

$68,632,697

$68,632,697

$68,632,697

TOTAL PUBLIC FUNDS

$68,632,697

$68,632,697

$68,632,697

Statewide Changes

101.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$2,660,220

$2,660,220

$2,660,220

Changes in Operations / Administration

101.2 Provide additional funding to reflect annualized cost of four Day Reporting Centers opened in FY2006.

State General Funds

$1,026,148

$0

$1,026,148

One-Time Expense

101.3 Provide funding to replace outdated ballistic vests used for Probation and Surveillance Officers.

State General Funds

$199,200

$199,200

$199,200

Changes in How the Program is Funded

101.4 Provide state operating funds for the Griffin Day Reporting Center to replace inmate telephone commission funds

no longer available.

State General Funds

$250,000

$0

$250,000

101.6 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,000,874

Royalties and Rents Not Itemized

$110,000

Sales and Services Not Itemized

$552,491

TOTAL PUBLIC FUNDS

$1,663,365

Changes in the Size of the Program

101.5 Reduce funds to more accurately reflect projected program expenditures.

State General Funds

($122,728)

($122,728)

($122,728)

2648

JOURNAL OF THE SENATE

101. Probation Supervision

Appropriation (HB1027)

The purpose of this appropriation is to supervise probationers.

TOTAL STATE FUNDS

$72,645,537

$71,369,389

$72,645,537

State General Funds

$72,645,537

$71,369,389

$72,645,537

TOTAL FEDERAL FUNDS

$1,000,874

Federal Funds Not Itemized

$1,000,874

TOTAL AGENCY FUNDS

$662,491

Royalties and Rents

$110,000

Royalties and Rents Not Itemized

$110,000

Sales and Services

$552,491

Sales and Services Not Itemized

$552,491

TOTAL PUBLIC FUNDS

$72,645,537

$71,369,389

$74,308,902

State Prisons

Continuation Budget

The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of

punishment.

TOTAL STATE FUNDS

$431,214,343 $431,214,343 $431,214,343

State General Funds

$431,214,343 $431,214,343 $431,214,343

TOTAL FEDERAL FUNDS

$3,151,716

$3,151,716

$3,151,716

Federal Funds Not Itemized

$3,151,716

$3,151,716

$3,151,716

TOTAL AGENCY FUNDS

$8,216,141

$8,216,141

$8,216,141

Royalties and Rents

$657,000

$657,000

$657,000

Royalties and Rents Not Itemized

$657,000

$657,000

$657,000

Sales and Services

$7,559,141

$7,559,141

$7,559,141

Sales and Services Not Itemized

$7,559,141

$7,559,141

$7,559,141

TOTAL PUBLIC FUNDS

$442,582,200 $442,582,200 $442,582,200

Statewide Changes

102.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$16,150,237

$16,150,237

$16,150,237

Federal Funds Not Itemized

$20,192

$20,192

$20,192

Reserved Fund Balances Not Itemized

$161,149

$161,149

$161,149

Sales and Services Not Itemized

$19,850

$19,850

$19,850

THURSDAY, MARCH 23, 2006

2649

TOTAL PUBLIC FUNDS

$16,351,428

$16,351,428

$16,351,428

Changes in Operations / Administration

102.2 Provide additional funds to reflect annualized cost of the Special Education program.

State General Funds

$279,201

$279,201

$279,201

One-Time Expense

102.3 Eliminate special education program startup funds.

State General Funds

($205,802)

($205,802)

($205,802)

102.14 Provide funds to the Wilcox State Prison to purchase a generator, a transfer switch and installation.

State General Funds

$48,000

$0

102.15 To provide funds for door and window frame replacements at multiple locations and to fund security hardening at

Washington State Prison. (H:Transferred from Bonds)(S:Fund through bonds)

State General Funds

$700,000

$0

Changes in How the Program is Funded

102.4 Reflect loss of federal funds for purchase of dry milk powder and milk replacement products needed to feed

inmates.

State General Funds

$416,759

$416,759

$416,759

102.16 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$638,695

Sales and Services Not Itemized

$2,232,311

TOTAL PUBLIC FUNDS

$2,871,006

Changes in the Size of the Program

102.5 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith

State Prison.

State General Funds

$1,668,724

$1,668,724

$1,668,724

102.6 Reduce funds to reflect projected program expenditures.

State General Funds

($2,620,028)

($2,620,028)

($2,620,028)

102.7 Redistribute funds from the conversion of a Probation Detention Center to a State Prison Unit.

State General Funds

$2,046,575

$2,046,575

$0

102.8 Provide operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State Prison

units to reduce county jail backlogs and meet increased capacity needs.

State General Funds

$8,890,699

$8,890,699

$8,890,699

2650

JOURNAL OF THE SENATE

102.9 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$898,509

$898,509

$898,509

102.10 Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$2,320,276

$2,320,276

$2,320,276

102.11 Provide start-up and two months of operating funds for a 192 bed expansion at Calhoun State Prison to reduce

county jail backlogs and meet increased capacity needs.

State General Funds

$1,048,028

$1,048,028

$1,048,028

102.12 Provide start-up and five months operating funds for a 525 bed expansion at Johnson State Prison to reduce county

jail backlogs and meet increased capacity needs.

State General Funds

$3,353,954

$3,353,954

$3,353,954

102.13 Realign contract funds to more accurately reflect program expenditures.

State General Funds

$187,439

$187,439

$187,439

102. State Prisons

Appropriation (HB1027)

The purpose of this appropriation is to house violent or repeat criminals, or nonviolent inmates who have exhausted all

other forms of punishment.

TOTAL STATE FUNDS

$465,648,914 $466,396,914 $463,602,339

State General Funds

$465,648,914 $466,396,914 $463,602,339

TOTAL FEDERAL FUNDS

$3,171,908

$3,171,908

$3,810,603

Federal Funds Not Itemized

$3,171,908

$3,171,908

$3,810,603

TOTAL AGENCY FUNDS

$8,397,140

$8,397,140

$10,629,451

Reserved Fund Balances

$161,149

$161,149

$161,149

Reserved Fund Balances Not Itemized

$161,149

$161,149

$161,149

Royalties and Rents

$657,000

$657,000

$657,000

Royalties and Rents Not Itemized

$657,000

$657,000

$657,000

Sales and Services

$7,578,991

$7,578,991

$9,811,302

Sales and Services Not Itemized

$7,578,991

$7,578,991

$9,811,302

TOTAL PUBLIC FUNDS

$477,217,962 $477,965,962 $478,042,393

THURSDAY, MARCH 23, 2006

2651

Transitional Centers

Continuation Budget

The purpose is to provide "work release", allowing the inmate to obtain and maintain a paying job in the community while

requiring him or her to conform to the structure of the center.

TOTAL STATE FUNDS

$20,313,455

$20,313,455

$20,313,455

State General Funds

$20,313,455

$20,313,455

$20,313,455

TOTAL PUBLIC FUNDS

$20,313,455

$20,313,455

$20,313,455

Statewide Changes

103.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$694,174

$694,174

$694,174

Changes in How the Program is Funded

103.5 Add funds to properly reflect operating budget represented in HB1026.

Royalties and Rents Not Itemized

$115,480

Sales and Services Not Itemized

$118,480

TOTAL PUBLIC FUNDS

$233,960

Changes in the Size of the Program

103.2 Increase funds to more accurately reflect projected program expenditures.

State General Funds

$47,649

$47,649

$47,649

103.3 Redistribute funds from conversion of two Probation Diversion Centers to Transition Centers.

State General Funds

$2,628,204

$2,628,204

$2,628,204

103.4 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and

meet increased capacity needs.

State General Funds

$38,945

$38,945

$38,945

103. Transitional Centers

Appropriation (HB1027)

The purpose of this appropriation is to provide "work release", allowing the inmate to obtain and maintain a paying job in

the community while requiring him or her to conform to the structure of the center.

TOTAL STATE FUNDS

$23,722,427

$23,722,427

$23,722,427

State General Funds

$23,722,427

$23,722,427

$23,722,427

TOTAL AGENCY FUNDS

$233,960

Royalties and Rents

$115,480

Royalties and Rents Not Itemized

$115,480

Sales and Services

$118,480

2652

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$118,480

TOTAL PUBLIC FUNDS

$23,722,427

$23,722,427

$23,956,387

Section 19: Defense, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$8,359,405

$8,359,405

$8,359,405

State General Funds

$8,359,405

$8,359,405

$8,359,405

TOTAL FEDERAL FUNDS

$36,026,553

$36,026,553

$36,026,553

Federal Funds Not Itemized

$36,026,553

$36,026,553

$36,026,553

TOTAL AGENCY FUNDS

$844,374

$844,374

$844,374

Interest and Investment Income

$138,791

$138,791

$138,791

Royalties and Rents

$59,889

$59,889

$59,889

Sales and Services

$645,694

$645,694

$645,694

TOTAL PUBLIC FUNDS

$45,230,332

$45,230,332

$45,230,332

Section Total - Final

TOTAL STATE FUNDS

$8,789,464

$8,815,464

$8,815,464

State General Funds

$8,789,464

$8,815,464

$8,815,464

TOTAL FEDERAL FUNDS

$36,679,340

$36,692,112

$39,474,929

Federal Funds Not Itemized

$36,679,340

$36,692,112

$39,474,929

TOTAL AGENCY FUNDS

$857,146

$844,374

$844,374

Interest and Investment Income

$138,791

$138,791

$138,791

Royalties and Rents

$59,889

$59,889

$59,889

Sales and Services

$658,466

$645,694

$645,694

TOTAL PUBLIC FUNDS

$46,325,950

$46,351,950

$49,134,767

Departmental Administration

Continuation Budget

The purpose is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$2,275,222

$2,275,222

$2,275,222

State General Funds

$2,275,222

$2,275,222

$2,275,222

TOTAL FEDERAL FUNDS

$102,133

$102,133

$102,133

Federal Funds Not Itemized

$102,133

$102,133

$102,133

TOTAL AGENCY FUNDS

$138,791

$138,791

$138,791

Interest and Investment Income

$138,791

$138,791

$138,791

THURSDAY, MARCH 23, 2006

2653

Interest and Investment Income Not Itemized

$138,791

$138,791

$138,791

TOTAL PUBLIC FUNDS

$2,516,146

$2,516,146

$2,516,146

Statewide Changes

104.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$88,832

$35,036

$35,036

Federal Funds Not Itemized

$11,971

$38,356

$38,356

TOTAL PUBLIC FUNDS

$100,803

$73,392

$73,392

Changes in How the Program is Funded

104.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$184,907

TOTAL PUBLIC FUNDS

$184,907

Changes in the Size of the Program

104.2 Redistribute funds to Civil Support and Facilities Management Programs.(H and S:Transfer to Military Readiness)

State General Funds

($173,000)

($173,000)

($173,000)

104.3 Transfer funds to Military Readiness.

State General Funds

($1,166,525)

($1,166,525)

Interest and Investment Income Not Itemized

($138,791)

($138,791)

TOTAL PUBLIC FUNDS

($1,305,316)

($1,305,316)

104. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$2,191,054

$970,733

$970,733

State General Funds

$2,191,054

$970,733

$970,733

TOTAL FEDERAL FUNDS

$114,104

$140,489

$325,396

Federal Funds Not Itemized

$114,104

$140,489

$325,396

TOTAL AGENCY FUNDS

$138,791

Interest and Investment Income

$138,791

Interest and Investment Income Not Itemized

$138,791

TOTAL PUBLIC FUNDS

$2,443,949

$1,111,222

$1,296,129

Military Readiness

Continuation Budget

The purpose is to provide a trained and ready military air force that can be activated and deployed at the direction of the

President or the Governor to insure the safety and well being of all citizens.

2654

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$475,776

$475,776

$475,776

State General Funds

$475,776

$475,776

$475,776

TOTAL FEDERAL FUNDS

$365,000

$365,000

$365,000

Federal Funds Not Itemized

$365,000

$365,000

$365,000

TOTAL PUBLIC FUNDS

$840,776

$840,776

$840,776

Statewide Changes

105.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$22,253

$96,820

$96,820

Federal Funds Not Itemized

$6,514

$151,115

$151,115

TOTAL PUBLIC FUNDS

$28,767

$247,935

$247,935

Changes to the Purpose or the Purpose Measure

105.2 SAC: The purpose of this appropriation is to provide a trained and ready military land force and air force that can

be activated and deployed at the direction of the President or the Governor to ensure the safety and well being of

all citizens.

House: The purpose of this appropriation is to provide a trained and ready military land force and air force that

can be activated and deployed at the direction of the President or the Governor to insure the safety and well being

of all citizens.

State General Funds

$0

$0

One-Time Expense

105.3 Provide funds for two editions of "Georgia Guardsman" and the annual publication of "Airlift Chronicle."

State General Funds

$26,000

$26,000

Changes in How the Program is Funded

105.10 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$2,574,096

Changes in the Size of the Program

105.4 Transfer funds from the Facilities Management program.

State General Funds

$2,254,499

$2,254,499

Federal Funds Not Itemized

$29,888,711

$29,888,711

Royalties and Rents Not Itemized

$59,889

$59,889

Sales and Services Not Itemized

$645,694

$645,694

TOTAL PUBLIC FUNDS

$32,848,793

$32,848,793

THURSDAY, MARCH 23, 2006

2655

105.5 Transfer funds from Administration.

State General Funds

$1,166,525

$1,166,525

Interest and Investment Income Not Itemized

$138,791

$138,791

TOTAL PUBLIC FUNDS

$1,305,316

$1,305,316

105.6 Increase funds to support the Georgia State Defense Force program.

State General Funds

$68,323

$68,323

105.7 Transfer the State Defense Force and Federal-State Joint Operations to the Military Readiness program.

State General Funds

$5,700

$5,700

Federal Funds Not Itemized

$341,558

$341,558

TOTAL PUBLIC FUNDS

$347,258

$347,258

105.8 Increase funds to maintain additional facilities for the JSTARS unit at Robins Air Force Base.

State General Funds

$100,000

$100,000

Federal Funds Not Itemized

$300,000

$300,000

TOTAL PUBLIC FUNDS

$400,000

$400,000

105.9 Redistribute state funds from Administration.

State General Funds

$173,000

$173,000

105. Military Readiness

Appropriation (HB1027)

The purpose of this appropriation is to provide a trained and ready military land force and air force that can be activated

and deployed at the direction of the President or the Governor to ensure the safety and well being of all citizens.

TOTAL STATE FUNDS

$498,029

$4,366,643

$4,366,643

State General Funds

$498,029

$4,366,643

$4,366,643

TOTAL FEDERAL FUNDS

$371,514

$31,046,384

$33,620,480

Federal Funds Not Itemized

$371,514

$31,046,384

$33,620,480

TOTAL AGENCY FUNDS

$844,374

$844,374

Interest and Investment Income

$138,791

$138,791

Interest and Investment Income Not Itemized

$138,791

$138,791

Royalties and Rents

$59,889

$59,889

Royalties and Rents Not Itemized

$59,889

$59,889

Sales and Services

$645,694

$645,694

Sales and Services Not Itemized

$645,694

$645,694

TOTAL PUBLIC FUNDS

$869,543

$36,257,401

$38,831,497

2656

JOURNAL OF THE SENATE

Youth Educational Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

State General Funds

$0

$0

Statewide Changes

106.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$129,880

$129,880

Federal Funds Not Itemized

$176,088

$176,088

TOTAL PUBLIC FUNDS

$305,968

$305,968

Changes to the Purpose or the Purpose Measure

106.2 SAC: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in

Georgia. The purpose will be measured by: the number of youth participating in Starbase; and the number of

graduates from the Youth Challenge Academies.

House: The purpose of this appropriation is to provide educational and vocational opportunites to at-

risk youth in Georgia.

State General Funds

$0

$0

Changes in How the Program is Funded

106.5 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$23,814

Changes in the Size of the Program

106.3 Create the Youth Educational Services program.(H and S:YES)

State General Funds

$0

$0

106.4 Transfer the Youth Challenge program and the Starbase program into a Youth Services program.

State General Funds

$3,348,208

$3,348,208

Federal Funds Not Itemized

$5,329,151

$5,329,151

TOTAL PUBLIC FUNDS

$8,677,359

$8,677,359

106. Youth Educational Services

Appropriation (HB1027)

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. The

purpose will be measured by: the number of youth participating in Starbase; and the number of graduates from the Youth

Challenge Academies.

TOTAL STATE FUNDS

$3,478,088

$3,478,088

State General Funds

$3,478,088

$3,478,088

THURSDAY, MARCH 23, 2006

2657

TOTAL FEDERAL FUNDS

$5,505,239

$5,529,053

Federal Funds Not Itemized

$5,505,239

$5,529,053

TOTAL PUBLIC FUNDS

$8,983,327

$9,007,141

Civil Support

Continuation Budget

The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force

mobilization.

TOTAL STATE FUNDS

$3,353,908

$3,353,908

$3,353,908

State General Funds

$3,353,908

$3,353,908

$3,353,908

TOTAL FEDERAL FUNDS

$5,670,709

$5,670,709

$5,670,709

Federal Funds Not Itemized

$5,670,709

$5,670,709

$5,670,709

TOTAL PUBLIC FUNDS

$9,024,617

$9,024,617

$9,024,617

Statewide Changes

107.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$123,068

$0

$0

Federal Funds Not Itemized

$105,707

$0

$0

TOTAL PUBLIC FUNDS

$228,775

$0

$0

Changes in the Size of the Program

107.2 Increase funds to support the Georgia State Defense Force program.

State General Funds

$68,323

$0

$0

107.3 Align funds with appropriate positions. Funds for these positions were distributed in HB85 to Administration in

FY2006.

State General Funds

$148,000

$0

$0

107.4 Eliminate the Civil Support program.(H and S:YES)

State General Funds

$0

$0

107.5 Transfer the Youth Challenge program and the Starbase program into a Youth Educational Services Program.

State General Funds

($3,348,208)

($3,348,208)

Federal Funds Not Itemized

($5,329,151)

($5,329,151)

TOTAL PUBLIC FUNDS

($8,677,359)

($8,677,359)

107.6 Transfer the State Defense Force and Federal-State Joint Operations to the Military Readiness program.

State General Funds

($5,700)

($5,700)

Federal Funds Not Itemized

($341,558)

($341,558)

2658

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

($347,258)

($347,258)

107. Civil Support

Appropriation (HB1027)

The purpose of this appropriation is to provide an all volunteer force to augment Georgia's organized militia in the event of

a federal force mobilization.

TOTAL STATE FUNDS

$3,693,299

State General Funds

$3,693,299

TOTAL FEDERAL FUNDS

$5,776,416

Federal Funds Not Itemized

$5,776,416

TOTAL PUBLIC FUNDS

$9,469,715

Facilities Management

Continuation Budget

The purpose is to provide and maintain administrative, flight and training facilities for the Georgia Air National Guard that

enhance readiness and are aesthetically pleasing within the community.

TOTAL STATE FUNDS

$2,254,499

$2,254,499

$2,254,499

State General Funds

$2,254,499

$2,254,499

$2,254,499

TOTAL FEDERAL FUNDS

$29,888,711

$29,888,711

$29,888,711

Federal Funds Not Itemized

$29,888,711

$29,888,711

$29,888,711

TOTAL AGENCY FUNDS

$705,583

$705,583

$705,583

Royalties and Rents

$59,889

$59,889

$59,889

Royalties and Rents Not Itemized

$59,889

$59,889

$59,889

Sales and Services

$645,694

$645,694

$645,694

Sales and Services Not Itemized

$645,694

$645,694

$645,694

TOTAL PUBLIC FUNDS

$32,848,793

$32,848,793

$32,848,793

Statewide Changes

108.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$27,583

$0

$0

Federal Funds Not Itemized

$228,595

$0

$0

Sales and Services Not Itemized

$12,772

$0

$0

TOTAL PUBLIC FUNDS

$268,950

$0

$0

Changes in the Size of the Program

108.2 Align funds with associated position. Funds for the position were distributed in Administration in prior year.

State General Funds

$25,000

$0

$0

THURSDAY, MARCH 23, 2006

2659

108.3 Increase operating expenses to maintain additional facilities for the JSTARS unit at Robins Air Force Base.

State General Funds

$100,000

$0

$0

Federal Funds Not Itemized

$300,000

$0

$0

TOTAL PUBLIC FUNDS

$400,000

$0

$0

108.4 Eliminate the Facilities Management program.(H and S:YES)

State General Funds

$0

$0

108.5 Transfer funds to the Military Readiness program.

State General Funds

($2,254,499)

($2,254,499)

Federal Funds Not Itemized

($29,888,711) ($29,888,711)

Royalties and Rents Not Itemized

($59,889)

($59,889)

Sales and Services Not Itemized

($645,694)

($645,694)

TOTAL PUBLIC FUNDS

($32,848,793) ($32,848,793)

108. Facilities Management

Appropriation (HB1027)

The purpose of this appropriation is to provide and maintain administrative, flight and training facilities for the Georgia

Air National Guard that enhance readiness and are aesthetically pleasing within the community.

TOTAL STATE FUNDS

$2,407,082

State General Funds

$2,407,082

TOTAL FEDERAL FUNDS

$30,417,306

Federal Funds Not Itemized

$30,417,306

TOTAL AGENCY FUNDS

$718,355

Royalties and Rents

$59,889

Royalties and Rents Not Itemized

$59,889

Sales and Services

$658,466

Sales and Services Not Itemized

$658,466

TOTAL PUBLIC FUNDS

$33,542,743

Section 20: Driver Services, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$47,163,866

$47,163,866

$47,163,866

State General Funds

$47,163,866

$47,163,866

$47,163,866

TOTAL AGENCY FUNDS

$715,075

$715,075

$715,075

Sales and Services

$715,075

$715,075

$715,075

2660

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$47,878,941

$47,878,941

$47,878,941

Section Total - Final

TOTAL STATE FUNDS

$52,631,393

$53,431,393

$53,481,393

State General Funds

$52,631,393

$53,431,393

$53,481,393

TOTAL AGENCY FUNDS

$721,456

$721,456

$721,456

Reserved Fund Balances

$6,108

$6,108

$6,108

Sales and Services

$715,348

$715,348

$715,348

TOTAL PUBLIC FUNDS

$53,352,849

$54,152,849

$54,202,849

Customer Service Support

Continuation Budget

The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$4,948,415

$4,948,415

$4,948,415

State General Funds

$4,948,415

$4,948,415

$4,948,415

TOTAL PUBLIC FUNDS

$4,948,415

$4,948,415

$4,948,415

Statewide Changes

109.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$180,287

$180,287

$180,287

Reserved Fund Balances Not Itemized

$857

$857

$857

TOTAL PUBLIC FUNDS

$181,144

$181,144

$181,144

Changes in the Size of the Program

109.2 Increase funds to establish the base budget for the Department of Driver Services.

State General Funds

$3,664,357

$3,664,357

$3,664,357

109.3 Reduce operating expenses.

State General Funds

($16,000)

($16,000)

($16,000)

109. Customer Service Support

Appropriation (HB1027)

The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial

truck compliance.

TOTAL STATE FUNDS

$8,777,059

$8,777,059

$8,777,059

State General Funds

$8,777,059

$8,777,059

$8,777,059

TOTAL AGENCY FUNDS

$857

$857

$857

Reserved Fund Balances

$857

$857

$857

Reserved Fund Balances Not Itemized

$857

$857

$857

THURSDAY, MARCH 23, 2006

2661

TOTAL PUBLIC FUNDS

$8,777,916

$8,777,916

$8,777,916

License Issuance

Continuation Budget

The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS

$41,924,451

$41,924,451

$41,924,451

State General Funds

$41,924,451

$41,924,451

$41,924,451

TOTAL AGENCY FUNDS

$200,000

$200,000

$200,000

Sales and Services

$200,000

$200,000

$200,000

Sales and Services Not Itemized

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$42,124,451

$42,124,451

$42,124,451

Statewide Changes

110.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,067,656

$1,067,656

$1,067,656

Reserved Fund Balances Not Itemized

$5,251

$5,251

$5,251

TOTAL PUBLIC FUNDS

$1,072,907

$1,072,907

$1,072,907

Changes in Operations / Administration

110.7 Increase funds to provide for a new Blue Ridge Customer Service Center.

State General Funds

$700,000

$700,000

110.8 Increase funds to renovate the Athens Customer Service Center.(S:Renovate the Newnan Customer Service Center)

State General Funds

$200,000

$200,000

Changes in the Size of the Program

110.2 Reduce funds to establish the base budget for the Department of Driver Services.

State General Funds

($4,826,757)

($4,826,757)

($4,826,757)

110.3 Reduce operating expenses.

State General Funds

($79,677)

($79,677)

($79,677)

110.4 Minimize wait times at DDS locations by adding thirty five examiner positions in the License Issuance program

and increasing personal services.

State General Funds

$945,665

$945,665

$945,665

110.5 Improve customer access by expanding agency services available on the Internet by increasing operating expenses.

State General Funds

$358,942

$358,942

$358,942

110.6 Fund complimentary Photo Identification cards to qualifying individuals.

State General Funds

$100,000

$100,000

$100,000

2662

JOURNAL OF THE SENATE

110. License Issuance

Appropriation (HB1027)

The purpose of this appropriation is for the issuance of Georgia drivers license renewals through alternative methods.

TOTAL STATE FUNDS

$39,490,280

$40,390,280

$40,390,280

State General Funds

$39,490,280

$40,390,280

$40,390,280

TOTAL AGENCY FUNDS

$205,251

$205,251

$205,251

Reserved Fund Balances

$5,251

$5,251

$5,251

Reserved Fund Balances Not Itemized

$5,251

$5,251

$5,251

Sales and Services

$200,000

$200,000

$200,000

Sales and Services Not Itemized

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$39,695,531

$40,595,531

$40,595,531

Motorcycle Safety

Continuation Budget

The purpose is to maintain and improve motorcycle safety.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes in the Size of the Program

111.1 Provide funds for motorcycle safety education.(S:See item 112.5)

State General Funds

$0

$0

$50,000

111. Motorcycle Safety

Appropriation (HB1027)

The purpose of this appropriation is to maintain and improve motorcycle safety.

TOTAL STATE FUNDS

$50,000

State General Funds

$50,000

TOTAL PUBLIC FUNDS

$50,000

Regulatory Compliance

Continuation Budget

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$291,000

$291,000

$291,000

State General Funds

$291,000

$291,000

$291,000

TOTAL AGENCY FUNDS

$515,075

$515,075

$515,075

Sales and Services

$515,075

$515,075

$515,075

Sales and Services Not Itemized

$515,075

$515,075

$515,075

TOTAL PUBLIC FUNDS

$806,075

$806,075

$806,075

THURSDAY, MARCH 23, 2006

2663

Statewide Changes

112.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$74,436

$74,436

$74,436

Sales and Services Not Itemized

$273

$273

$273

TOTAL PUBLIC FUNDS

$74,709

$74,709

$74,709

Changes in How the Program is Funded

112.2 Recognize additional revenues collected from fees to support driver's education (SB226 "Joshua's Law").

State General Funds

$2,756,218

$2,756,218

$2,756,218

Changes in the Size of the Program

112.3 Increase funds to establish the base budget for the Department of Driver Services.

State General Funds

$1,162,400

$1,162,400

$1,162,400

112.4 Eliminate the state purchased shoes and trousers for the examiners uniforms.

State General Funds

($20,000)

($20,000)

($20,000)

112.5 Provide additional funds for motorcycle safety education.(S:Transfer to Motorcycle Safety(See line item 111.1))

State General Funds

$100,000

$0

$0

112. Regulatory Compliance

Appropriation (HB1027)

The purpose of this appropriation is to enforce and administer state laws and regulations for mandated programs relating

to driver safety and driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$4,364,054

$4,264,054

$4,264,054

State General Funds

$4,364,054

$4,264,054

$4,264,054

TOTAL AGENCY FUNDS

$515,348

$515,348

$515,348

Sales and Services

$515,348

$515,348

$515,348

Sales and Services Not Itemized

$515,348

$515,348

$515,348

TOTAL PUBLIC FUNDS

$4,879,402

$4,779,402

$4,779,402

Section 21: Early Care and Learning, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$294,111,979 $294,111,979 $294,111,979

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308

State General Funds

$4,030,671

$4,030,671

$4,030,671

TOTAL FEDERAL FUNDS

$110,474,059 $110,474,059 $110,474,059

Child Care & Development Block Grant CFDA93.575

$21,919,354

$21,919,354

$21,919,354

2664

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$88,554,705

$88,554,705

$88,554,705

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$404,741,038 $404,741,038 $404,741,038

Section Total - Final

TOTAL STATE FUNDS

$306,009,646 $306,009,646 $306,009,646

Lottery Proceeds

$301,953,447 $301,953,447 $301,953,447

State General Funds

$4,056,199

$4,056,199

$4,056,199

TOTAL FEDERAL FUNDS

$116,492,824 $116,492,824 $116,492,824

Child Care & Development Block Grant CFDA93.575

$25,938,119

$25,938,119

$25,938,119

Federal Funds Not Itemized

$90,554,705

$90,554,705

$90,554,705

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$422,657,470 $422,657,470 $422,657,470

Child Care Services

Continuation Budget

The purpose is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children

experience optimum opportunities for learning and growth.

TOTAL STATE FUNDS

$4,030,671

$4,030,671

$4,030,671

State General Funds

$4,030,671

$4,030,671

$4,030,671

TOTAL FEDERAL FUNDS

$3,435,255

$3,435,255

$3,435,255

Child Care & Development Block Grant CFDA93.575

$3,435,255

$3,435,255

$3,435,255

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

Sales and Services Not Itemized

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$7,620,926

$7,620,926

$7,620,926

Statewide Changes

113.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$169,468

$169,468

$169,468

Child Care & Development Block Grant CFDA93.575

$18,765

$18,765

$18,765

TOTAL PUBLIC FUNDS

$188,233

$188,233

$188,233

Changes in Operations / Administration

THURSDAY, MARCH 23, 2006

2665

113.2 Provide funds for a new Board of Directors.

State General Funds

$21,060

$21,060

$21,060

Changes in How the Program is Funded

113.4 Reflect $3,435,255 in base budget funds in Child Care Development Block Grant from Department of Human

Resources.

Child Care & Development Block Grant CFDA93.575

$0

Changes in the Size of the Program

113.3 Eliminate contract (2% reduction).

State General Funds

($165,000)

($165,000)

($165,000)

113. Child Care Services

Appropriation (HB1027)

The purpose of this appropriation is to guide and assist child care learning facilities to provide safe, healthy, quality child

care so that children experience optimum opportunities for learning and growth.

TOTAL STATE FUNDS

$4,056,199

$4,056,199

$4,056,199

State General Funds

$4,056,199

$4,056,199

$4,056,199

TOTAL FEDERAL FUNDS

$3,454,020

$3,454,020

$3,454,020

Child Care & Development Block Grant CFDA93.575

$3,454,020

$3,454,020

$3,454,020

TOTAL AGENCY FUNDS

$155,000

$155,000

$155,000

Sales and Services

$155,000

$155,000

$155,000

Sales and Services Not Itemized

$155,000

$155,000

$155,000

TOTAL PUBLIC FUNDS

$7,665,219

$7,665,219

$7,665,219

Nutrition

Continuation Budget

The purpose is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL FEDERAL FUNDS

$88,000,835

$88,000,835

$88,000,835

Federal Funds Not Itemized

$88,000,835

$88,000,835

$88,000,835

TOTAL PUBLIC FUNDS

$88,000,835

$88,000,835

$88,000,835

Changes in Operations / Administration

114.1 Provide funds for an increase in the cost of meals.

Federal Funds Not Itemized

$2,000,000

$2,000,000

$2,000,000

114. Nutrition

Appropriation (HB1027)

The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals.

2666

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$90,000,835

$90,000,835

$90,000,835

Federal Funds Not Itemized

$90,000,835

$90,000,835

$90,000,835

TOTAL PUBLIC FUNDS

$90,000,835

$90,000,835

$90,000,835

Pre-Kindergarten Program

Continuation Budget

The purpose is to provide funding for providers who operate the Pre-K program.

TOTAL STATE FUNDS

$290,081,308 $290,081,308 $290,081,308

Lottery Proceeds

$290,081,308 $290,081,308 $290,081,308

State General Funds

$0

$0

TOTAL FEDERAL FUNDS

$667,823

$667,823

$667,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

Federal Funds Not Itemized

$553,870

$553,870

$553,870

TOTAL PUBLIC FUNDS

$290,749,131 $290,749,131 $290,749,131

Statewide Changes

115.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Lottery Proceeds

$5,989,476

$5,989,476

$5,989,476

Changes to the Purpose or the Purpose Measure

115.5 SAC: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-

K programs operated by public and private providers throughout the state.

House: To provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and

private providers throughout the state.

State General Funds

$0

$0

Changes in Operations / Administration

115.2 Increase salaries with current funds for certified consultants to make them more comparable to the state teacher

salary schedule. (G:YES)(H:YES)(S:YES)

Lottery Proceeds

$0

$0

$0

Changes in Where or When the Services are Offered

115.3 Expand the Work Sampling System Assessment statewide to improve the evaluation of students' progress

throughout the year.

Lottery Proceeds

$816,898

$816,898

$816,898

Changes in How the Program is Funded

THURSDAY, MARCH 23, 2006

2667

115.6 Reflect $113,953 in base budget funds in Child Care Development Block Grant from Department of Human

Resources.

Child Care & Development Block Grant CFDA93.575

$0

Changes in the Size of the Program

115.4 Increase grants to fund 1,000 additional slots, bringing the total enrollment to 75,000.

Lottery Proceeds

$5,065,765

$5,065,765

$5,065,765

115. Pre-Kindergarten Program

Appropriation (HB1027)

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-K programs

operated by public and private providers throughout the state.

TOTAL STATE FUNDS

$301,953,447 $301,953,447 $301,953,447

Lottery Proceeds

$301,953,447 $301,953,447 $301,953,447

TOTAL FEDERAL FUNDS

$667,823

$667,823

$667,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

Federal Funds Not Itemized

$553,870

$553,870

$553,870

TOTAL PUBLIC FUNDS

$302,621,270 $302,621,270 $302,621,270

Quality Initiatives

Continuation Budget

The purpose is to explore new ideas and help implement innovative strategies that focus on improving the quality of early

education, child care, and nutrition for Georgia's children and families.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL FEDERAL FUNDS

$18,370,146

$18,370,146

$18,370,146

Child Care & Development Block Grant CFDA93.575

$18,370,146

$18,370,146

$18,370,146

TOTAL PUBLIC FUNDS

$18,370,146

$18,370,146

$18,370,146

Changes in Operations / Administration

116.1 Adjust funds to reflect actual budgets.

Child Care & Development Block Grant CFDA93.575

$4,000,000

$4,000,000

$4,000,000

Changes in How the Program is Funded

116.2 Reflect $18,370,146 in base budget funds in Child Care Development Block Grant from Department of Human

Resources.

Child Care & Development Block Grant CFDA93.575

$0

2668

JOURNAL OF THE SENATE

116. Quality Initiatives

Appropriation (HB1027)

The purpose of this appropriation is to explore new ideas and help implement innovative strategies that focus on improving

the quality of early education, child care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS

$22,370,146

$22,370,146

$22,370,146

Child Care & Development Block Grant CFDA93.575

$22,370,146

$22,370,146

$22,370,146

TOTAL PUBLIC FUNDS

$22,370,146

$22,370,146

$22,370,146

Section 22: Economic Development, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$31,501,663

$31,501,663

$31,501,663

State General Funds

$31,501,663

$31,501,663

$31,501,663

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$31,521,907

$31,521,907

$31,521,907

Section Total - Final

TOTAL STATE FUNDS

$33,480,784

$35,689,782

$35,013,432

State General Funds

$33,480,784

$35,689,782

$35,013,432

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$33,501,028

$35,710,026

$35,033,676

Business Recruitment and Expansion

Continuation Budget

The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in

Georgia.

TOTAL STATE FUNDS

$6,783,664

$6,783,664

$6,783,664

State General Funds

$6,783,664

$6,783,664

$6,783,664

TOTAL PUBLIC FUNDS

$6,783,664

$6,783,664

$6,783,664

Statewide Changes

117.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$146,396

$146,396

$146,396

One-Time Expense

117.5 Provide funding for the Savannah Riverwalk Project.(S:Fund in Bonds for $8,000,000)

State General Funds

$2,000,000

$0

Changes in the Size of the Program

THURSDAY, MARCH 23, 2006

2669

117.2 Reduce to reflect agency reorganization efforts.

State General Funds

($34,395)

($34,395)

($34,395)

117.3 Increase the department's capacity to grow jobs for Georgians by funding new positions.(H:Reduce one regional

project manager)

State General Funds

$132,260

$66,130

$66,130

117.4 Expand international trade and recruitment activities by increasing funding for contracts in the Business

Recruitment and Expansion program to hire a contractor to focus on Southern Europe ($35,000) and to cover costs

of trade missions ($15,000).

State General Funds

$50,000

$50,000

$50,000

117. Business Recruitment and Expansion

Appropriation (HB1027)

The purpose of this appropriation is to provide assistance to local communities and to the state to recruit, retain, and

expand businesses in Georgia.

TOTAL STATE FUNDS

$7,077,925

$9,011,795

$7,011,795

State General Funds

$7,077,925

$9,011,795

$7,011,795

TOTAL PUBLIC FUNDS

$7,077,925

$9,011,795

$7,011,795

Departmental Administration

Continuation Budget

The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and

companies to promote the state.

TOTAL STATE FUNDS

$6,213,661

$6,213,661

$6,213,661

State General Funds

$6,213,661

$6,213,661

$6,213,661

TOTAL PUBLIC FUNDS

$6,213,661

$6,213,661

$6,213,661

Statewide Changes

118.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$162,968

$162,968

$162,968

Changes in the Size of the Program

118.2 Increase funds to reflect agency reorganization efforts.

State General Funds

$47,317

$47,317

$47,317

118. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide

information to people and companies to promote the state.

TOTAL STATE FUNDS

$6,423,946

$6,423,946

$6,423,946

2670

JOURNAL OF THE SENATE

State General Funds

$6,423,946

$6,423,946

$6,423,946

TOTAL PUBLIC FUNDS

$6,423,946

$6,423,946

$6,423,946

Film, Video, and Music

Continuation Budget

The purpose is to increase industry awareness of Georgia business opportunities, infrastructure resources, and natural

resources as it pertains to the film, video, and music industry.

TOTAL STATE FUNDS

$1,012,337

$1,012,337

$1,012,337

State General Funds

$1,012,337

$1,012,337

$1,012,337

TOTAL PUBLIC FUNDS

$1,012,337

$1,012,337

$1,012,337

Statewide Changes

119.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$16,372

$16,372

$16,372

Changes in Operations / Administration

119.4 Change the name "Film, Music, and Video" program to "Film, Video, and Music.(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

Changes in the Size of the Program

119.2 Reduce funds to reflect agency reorganization efforts.

State General Funds

($118,000)

($118,000)

($118,000)

119.3 Increase the department's capacity to grow jobs for Georgians by funding new positions.

State General Funds

$85,969

$85,969

$85,969

119.5 Provide funding to promote Georgia Film, Music, and Video.(S:Designate $100,000 to be used for the Georgia

Music Hall of Fame Authority to celebrate the upcoming 10th anniversary inductee ceremony.)

State General Funds

$200,000

119. Film, Video, and Music

Appropriation (HB1027)

The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, infrastructure

resources, and natural resources as it pertains to the film, video, and music industry.

TOTAL STATE FUNDS

$996,678

$996,678

$1,196,678

State General Funds

$996,678

$996,678

$1,196,678

TOTAL PUBLIC FUNDS

$996,678

$996,678

$1,196,678

International Relations and Trade

Continuation Budget

The purpose is to provide international trade opportunities through exports to provide executive leadership for

international relations and promote Georgia products and companies to other nations.

THURSDAY, MARCH 23, 2006

2671

TOTAL STATE FUNDS

$2,056,980

$2,056,980

$2,056,980

State General Funds

$2,056,980

$2,056,980

$2,056,980

TOTAL PUBLIC FUNDS

$2,056,980

$2,056,980

$2,056,980

Statewide Changes

120.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$34,190

$34,190

$34,190

Changes in the Size of the Program

120.2 Reduce funds to reflect agency reorganization efforts.

State General Funds

($45,000)

($45,000)

($45,000)

120.3 Provide funds for Global Commerce Development.

State General Funds

$250,000

120. International Relations and Trade

Appropriation (HB1027)

The purpose of this appropriation is to provide international trade opportunities through exports to provide executive

leadership for international relations and promote Georgia products and companies to other nations.

TOTAL STATE FUNDS

$2,046,170

$2,046,170

$2,296,170

State General Funds

$2,046,170

$2,046,170

$2,296,170

TOTAL PUBLIC FUNDS

$2,046,170

$2,046,170

$2,296,170

Office of Science and Technology Business Development

Continuation Budget

The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia.

TOTAL STATE FUNDS

$1,563,914

$1,563,914

$1,563,914

State General Funds

$1,563,914

$1,563,914

$1,563,914

TOTAL PUBLIC FUNDS

$1,563,914

$1,563,914

$1,563,914

Statewide Changes

121.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$19,047

$19,047

$19,047

Changes in Operations / Administration

121.5 Change the name "Office of Science and Technology Business Development" program to "Innovation and

Technology".(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

One-Time Expense

2672

JOURNAL OF THE SENATE

121.6 Provide funds for Micro Enterprises.

State General Funds

$25,000

Changes in the Size of the Program

121.2 Reduce funds to reflect agency reorganization efforts.

State General Funds

($50,000)

($50,000)

($50,000)

121.3 Increase the department's capacity to grow jobs for Georgians by funding new positions.

State General Funds

$66,130

$0

$66,130

121.4 Provide funding to the Innovation and Technology program for a bioscience collaboration project to identify and

design public/private partnering opportunities that will leverage private funding to stimulate bioscience industry

growth in Georgia.

State General Funds

$1,000,000

$1,000,000

$1,000,000

121. Office of Science and Technology Business Development

Appropriation (HB1027)

The purpose of this appropriation is to lead in the recruitment, growth, and marketing of the life sciences and technology

industries in Georgia.

TOTAL STATE FUNDS

$2,599,091

$2,532,961

$2,624,091

State General Funds

$2,599,091

$2,532,961

$2,624,091

TOTAL PUBLIC FUNDS

$2,599,091

$2,532,961

$2,624,091

Small and Minority Business Development

Continuation Budget

The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small

and minority businesses.

TOTAL STATE FUNDS

$924,154

$924,154

$924,154

State General Funds

$924,154

$924,154

$924,154

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures Not Itemized

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$944,398

$944,398

$944,398

Statewide Changes

122.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$29,392

$29,392

$29,392

Changes in the Size of the Program

122.2 Reduce funds to reflect agency reorganization efforts.

THURSDAY, MARCH 23, 2006

2673

State General Funds

($59,922)

($59,922)

($59,922)

122.3 Increase the department's capacity to grow jobs for Georgians by funding new positions.

State General Funds

$66,130

$66,130

$66,130

122. Small and Minority Business Development

Appropriation (HB1027)

The purpose of this appropriation is to provide guidance and support to agencies in maximizing access to state business

opportunities for small and minority businesses.

TOTAL STATE FUNDS

$959,754

$959,754

$959,754

State General Funds

$959,754

$959,754

$959,754

TOTAL AGENCY FUNDS

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures

$20,244

$20,244

$20,244

Contributions, Donations, and Forfeitures Not Itemized

$20,244

$20,244

$20,244

TOTAL PUBLIC FUNDS

$979,998

$979,998

$979,998

Tourism

Continuation Budget

The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism

expenditures.

TOTAL STATE FUNDS

$11,096,169

$11,096,169

$11,096,169

State General Funds

$11,096,169

$11,096,169

$11,096,169

TOTAL PUBLIC FUNDS

$11,096,169

$11,096,169

$11,096,169

Statewide Changes

123.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$125,823

$125,823

$125,823

One-Time Expense

123.8 Provide funding for the Georgia Shrimp Association.

State General Funds

$50,000

$25,000

Changes in the Size of the Program

123.2 Increase funds to reflect agency reorganization efforts.

State General Funds

$260,000

$260,000

$260,000

123.3 Increase the department's capacity to grow jobs for Georgians by funding new positions.

State General Funds

$79,356

$79,356

$79,356

123.4 Reduce pass-thru funding for local welcome centers by 10%(Bainbridge-$9,832;local welcome center grant

program-$21,426), continuing the phase-out of state funds.(H:Restore funds)(S:Restore funds and no phase-out)

2674

JOURNAL OF THE SENATE

State General Funds

($31,258)

$0

$0

123.5 Reduce funding for the Sylvania visitor center by 10% to continue to phase out state funds.(S:Restore funds and no

phase out)

State General Funds

($15,020)

($15,020)

$0

123.6 Eliminate pass-thru funding for the Historic Chattahoochee Commission.(H:Restore $52,500 plus add an

additional $52,500)(S:Restore funds)

State General Funds

($52,500)

$52,500

$0

123.7 Redirect $50,000 from the marketing fund to be used for the Georgia Shrimp Association.(S:NO)

State General Funds

$0

$0

123.9 Provide the resources to support the tourism effort to get the message to the customer through placement of print,

broadcast media and other marketing initiatives.

State General Funds

$1,000,000

123. Tourism

Appropriation (HB1027)

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and

encourage tourism expenditures.

TOTAL STATE FUNDS

$11,462,570

$11,648,828

$12,586,348

State General Funds

$11,462,570

$11,648,828

$12,586,348

TOTAL PUBLIC FUNDS

$11,462,570

$11,648,828

$12,586,348

Payments to Aviation Hall of Fame

Continuation Budget

The purpose is to promote and encourage the growth and public support of aviation within the state by honoring those,

living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in

Georgia.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

124. Payments to Aviation Hall of Fame

Appropriation (HB1027)

The purpose of this appropriation is to promote and encourage the growth and public support of aviation within the state by

honoring those, living or dead, who by extraordinary achievement or service have made outstanding and lasting

contributions to aviation in Georgia.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

THURSDAY, MARCH 23, 2006

2675

State General Funds

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

Payments to Golf Hall Of Fame Authority

Continuation Budget

The purpose is to construct and maintain a facility and related attractions to house the Georgia Golf Hall of Fame to honor

those who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or

elsewhere.

TOTAL STATE FUNDS

$58,685

$58,685

$58,685

State General Funds

$58,685

$58,685

$58,685

TOTAL PUBLIC FUNDS

$58,685

$58,685

$58,685

Statewide Changes

125.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$0

$0

$0

125. Payments to Golf Hall Of Fame Authority

Appropriation (HB1027)

The purpose of this appropriation is to construct and maintain a facility and related attractions to house the Georgia Golf

Hall of Fame to honor those who by achievement or service have made outstanding and lasting contributions to the sport of

golf in this state or elsewhere.

TOTAL STATE FUNDS

$58,685

$58,685

$58,685

State General Funds

$58,685

$58,685

$58,685

TOTAL PUBLIC FUNDS

$58,685

$58,685

$58,685

Payments to Georgia Medical Center Authority

Continuation Budget

The purpose is to provide funds to the Georgia Medical Center Authority.

TOTAL STATE FUNDS

$250,000

$250,000

$250,000

State General Funds

$250,000

$250,000

$250,000

TOTAL PUBLIC FUNDS

$250,000

$250,000

$250,000

Statewide Changes

126.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$0

$0

$0

One-Time Expense

126.2 Provide funding for an Assistant Director position and funding to expand infrastructure.

State General Funds

$155,000

$0

2676

JOURNAL OF THE SENATE

126. Payments to Georgia Medical Center Authority

Appropriation (HB1027)

The purpose of this appropriation is to provide funds to the Georgia Medical Center Authority.

TOTAL STATE FUNDS

$250,000

$405,000

$250,000

State General Funds

$250,000

$405,000

$250,000

TOTAL PUBLIC FUNDS

$250,000

$405,000

$250,000

Payments to Georgia Music Hall of Fame Authority

Continuation Budget

The purpose is to preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS

$767,039

$767,039

$767,039

State General Funds

$767,039

$767,039

$767,039

TOTAL PUBLIC FUNDS

$767,039

$767,039

$767,039

Statewide Changes

127.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$20,050

$20,050

$20,050

Changes in Operations / Administration

127.2 Provide additional funds for one new position to manage and expand the volunteer program.

State General Funds

$26,981

$26,981

$26,981

127. Payments to Georgia Music Hall of Fame Authority

Appropriation (HB1027)

The purpose of this appropriation is to preserve Georgia's rich musical heritage.

TOTAL STATE FUNDS

$814,070

$814,070

$814,070

State General Funds

$814,070

$814,070

$814,070

TOTAL PUBLIC FUNDS

$814,070

$814,070

$814,070

Payments to Georgia Sports Hall of Fame Authority

Continuation Budget

The purpose is to preserve and interpret the history of sports in Georgia.

TOTAL STATE FUNDS

$725,060

$725,060

$725,060

State General Funds

$725,060

$725,060

$725,060

TOTAL PUBLIC FUNDS

$725,060

$725,060

$725,060

Statewide Changes

128.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$16,835

$16,835

$16,835

128. Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB1027)

The purpose of this appropriation is to preserve and interpret the history of sports in Georgia.

THURSDAY, MARCH 23, 2006

2677

TOTAL STATE FUNDS

$741,895

$741,895

$741,895

State General Funds

$741,895

$741,895

$741,895

TOTAL PUBLIC FUNDS

$741,895

$741,895

$741,895

Section 23: Education, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$6,439,678,120 $6,439,678,120 $6,439,678,120

State General Funds

$6,439,678,120 $6,439,678,120 $6,439,678,120

TOTAL FEDERAL FUNDS

$1,109,448,190 $1,109,448,190 $1,109,448,190

Federal Funds Not Itemized

$1,109,448,190 $1,109,448,190 $1,109,448,190

TOTAL AGENCY FUNDS

$41,498,551

$41,498,551

$41,498,551

Contributions, Donations, and Forfeitures

$3,896,476

$3,896,476

$3,896,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$93,486

Sales and Services

$31,616,886

$31,616,886

$31,616,886

TOTAL PUBLIC FUNDS

$7,590,624,861 $7,590,624,861 $7,590,624,861

Section Total - Final

TOTAL STATE FUNDS

$7,217,901,070 $7,218,454,201 $7,219,835,343

State General Funds

$7,187,901,070 $7,188,454,201 $7,189,835,343

Tobacco Settlement Funds

$30,000,000

$30,000,000

$30,000,000

TOTAL FEDERAL FUNDS

$1,109,448,190 $1,109,448,190 $1,110,456,201

Federal Funds Not Itemized

$1,109,448,190 $1,109,448,190 $1,110,256,201

Temporary Assistance for Needy Families

$200,000

TOTAL AGENCY FUNDS

$11,498,551

$11,498,551

$11,440,540

Contributions, Donations, and Forfeitures

$3,896,476

$3,896,476

$3,843,465

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$88,486

Sales and Services

$1,616,886

$1,616,886

$1,616,886

TOTAL PUBLIC FUNDS

$8,338,847,811 $8,339,400,942 $8,341,732,084

Academic Coach Program

Continuation Budget

The purpose of this program is to provide certificated public school teachers who exhibit excellence in the classroom with

salary supplements or bonuses in exchange for mentoring other public school teachers.

2678

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$3,899,132

$3,899,132

$3,899,132

State General Funds

$3,899,132

$3,899,132

$3,899,132

TOTAL PUBLIC FUNDS

$3,899,132

$3,899,132

$3,899,132

Changes in Operations / Administration

129.3 Transfer funds and activities of Teacher Liability Insurance to State Interagency Transfers.

State General Funds

($1,300,000)

Changes in the Size of the Program

129.1 Reduce funding (2% reduction).

State General Funds

($66,000)

($66,000)

$0

129.2 Provide funds for Needs Improvement schools.

State General Funds

$2,467,578

$2,467,578

$2,467,578

129. Academic Coach Program

Appropriation (HB1027)

The purpose of this program is to provide certificated public school teachers who exhibit excellence in the classroom with

salary supplements or bonuses in exchange for mentoring other public school teachers.

TOTAL STATE FUNDS

$6,300,710

$6,300,710

$5,066,710

State General Funds

$6,300,710

$6,300,710

$5,066,710

TOTAL PUBLIC FUNDS

$6,300,710

$6,300,710

$5,066,710

Agricultural Education

Continuation Budget

The purpose is to provide students with competencies to make them aware of the importance of the agricultural industry

and develop skills to prepare them for the world of work.

TOTAL STATE FUNDS

$7,423,422

$7,423,422

$7,423,422

State General Funds

$7,423,422

$7,423,422

$7,423,422

TOTAL FEDERAL FUNDS

$126,577

$126,577

$126,577

Federal Funds Not Itemized

$126,577

$126,577

$126,577

TOTAL PUBLIC FUNDS

$7,549,999

$7,549,999

$7,549,999

Statewide Changes

130.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$685,237

$685,237

$685,237

Changes in Operations / Administration

130.2 Transfer from Central Office.

State General Funds

$114,613

THURSDAY, MARCH 23, 2006

2679

Federal Funds Not Itemized

$324,200

TOTAL PUBLIC FUNDS

$438,813

130. Agricultural Education

Appropriation (HB1027)

The purpose of this appropriation is to provide students with competencies to make them aware of the importance of the

agricultural industry and develop skills to prepare them for the world of work.

TOTAL STATE FUNDS

$8,108,659

$8,108,659

$8,223,272

State General Funds

$8,108,659

$8,108,659

$8,223,272

TOTAL FEDERAL FUNDS

$126,577

$126,577

$450,777

Federal Funds Not Itemized

$126,577

$126,577

$450,777

TOTAL PUBLIC FUNDS

$8,235,236

$8,235,236

$8,674,049

Central Office

Continuation Budget

The purpose is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS

$34,924,681

$34,924,681

$34,924,681

State General Funds

$34,924,681

$34,924,681

$34,924,681

TOTAL FEDERAL FUNDS

$34,182,308

$34,182,308

$34,182,308

Federal Funds Not Itemized

$34,182,308

$34,182,308

$34,182,308

TOTAL AGENCY FUNDS

$10,897,550

$10,897,550

$10,897,550

Contributions, Donations, and Forfeitures

$3,796,476

$3,796,476

$3,796,476

Contributions, Donations, and Forfeitures Not Itemized

$3,796,476

$3,796,476

$3,796,476

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

Reserved Fund Balances Not Itemized

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$93,486

Intergovernmental Transfers Not Itemized

$93,486

$93,486

$93,486

Sales and Services

$1,115,885

$1,115,885

$1,115,885

Sales and Services Not Itemized

$1,115,885

$1,115,885

$1,115,885

TOTAL PUBLIC FUNDS

$80,004,539

$80,004,539

$80,004,539

Statewide Changes

131.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,465,557

$1,465,557

$1,465,557

Changes in Operations / Administration

131.2 Reduce funding to reflect anticipated real estate payments from the Office of Student Achievement.

2680

JOURNAL OF THE SENATE

State General Funds

($14,000)

($14,000)

($14,000)

131.6 Transfer the administration for Agriculture Education ($438,813), Curriculum ($12,648,440), Special Education

($7,030,147), IT Services ($3,678,307), Nutrition ($4,112,514), Pupil Transportation ($537,958), School

Improvement ($3,768,040), State Schools ($1,613,993), Technology/Career Education ($4,317,541), and Testing

($639,392) to their respective programs.

State General Funds

($10,803,830)

Federal Funds Not Itemized

($27,015,574)

Contributions, Donations, and Forfeitures Not Itemized

($2,616,092)

Intergovernmental Transfers Not Itemized

($5,000)

TOTAL PUBLIC FUNDS

($40,440,496)

131.7 Transfer Educational Technology to Information Technology Services.

State General Funds

($1,179,939)

Federal Funds Not Itemized

($895,748)

Contributions, Donations, and Forfeitures Not Itemized

($529,000)

TOTAL PUBLIC FUNDS

($2,604,687)

One-Time Expense

131.3 Redirect funds to allow for an evaluation of the Reading and Math program. (H:Transfer funds from the Reading

and Math program to fund evaluation.)(S:Governor position)

State General Funds

$0

$150,000

$0

Changes in What Services are Offered

131.4 Eliminate funding for the Global Achievers contract. (S:Reduce funding.)

State General Funds

($50,000)

($50,000)

($35,000)

Changes in the Size of the Program

131.5 Reduce funding ( 2% reduction).

State General Funds

($698,493)

($698,493)

$0

131. Central Office

Appropriation (HB1027)

The purpose of this appropriation is to act as a service oriented agency supporting local school districts.

TOTAL STATE FUNDS

$35,627,745

$35,777,745

$24,357,469

State General Funds

$35,627,745

$35,777,745

$24,357,469

TOTAL FEDERAL FUNDS

$34,182,308

$34,182,308

$6,270,986

Federal Funds Not Itemized

$34,182,308

$34,182,308

$6,270,986

THURSDAY, MARCH 23, 2006

2681

TOTAL AGENCY FUNDS

$10,897,550

$10,897,550

$7,747,458

Contributions, Donations, and Forfeitures

$3,796,476

$3,796,476

$651,384

Contributions, Donations, and Forfeitures Not Itemized

$3,796,476

$3,796,476

$651,384

Reserved Fund Balances

$5,891,703

$5,891,703

$5,891,703

Reserved Fund Balances Not Itemized

$5,891,703

$5,891,703

$5,891,703

Intergovernmental Transfers

$93,486

$93,486

$88,486

Intergovernmental Transfers Not Itemized

$93,486

$93,486

$88,486

Sales and Services

$1,115,885

$1,115,885

$1,115,885

Sales and Services Not Itemized

$1,115,885

$1,115,885

$1,115,885

TOTAL PUBLIC FUNDS

$80,707,603

$80,857,603

$38,375,913

Charter Schools

Continuation Budget

Georgia's Charter School program seeks to support and encourage development and approval of charter public schools as

one part of Georgia's overall school improvement strategy.

TOTAL STATE FUNDS

$770,193

$770,193

$770,193

State General Funds

$770,193

$770,193

$770,193

TOTAL FEDERAL FUNDS

$6,729,711

$6,729,711

$6,729,711

Federal Funds Not Itemized

$6,729,711

$6,729,711

$6,729,711

TOTAL PUBLIC FUNDS

$7,499,904

$7,499,904

$7,499,904

Changes in Operations / Administration

132.1 Provide additional funding for development to include the lease, rental, repair and/or renovation of facilities.

State General Funds

$450,000

$450,000

132. Charter Schools

Appropriation (HB1027)

Georgia's Charter School program seeks to support and encourage development and approval of charter public schools as

one part of Georgia's overall school improvement strategy.

TOTAL STATE FUNDS

$770,193

$1,220,193

$1,220,193

State General Funds

$770,193

$1,220,193

$1,220,193

TOTAL FEDERAL FUNDS

$6,729,711

$6,729,711

$6,729,711

Federal Funds Not Itemized

$6,729,711

$6,729,711

$6,729,711

TOTAL PUBLIC FUNDS

$7,499,904

$7,949,904

$7,949,904

Curriculum Standards

Continuation Budget

2682

JOURNAL OF THE SENATE

The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers

and students.

TOTAL STATE FUNDS

$1,774,833

$1,774,833

$1,774,833

State General Funds

$1,774,833

$1,774,833

$1,774,833

TOTAL PUBLIC FUNDS

$1,774,833

$1,774,833

$1,774,833

Changes in Operations / Administration

134.3 Transfer from Central Office.

State General Funds

$2,666,020

Federal Funds Not Itemized

$9,819,339

Contributions, Donations, and Forfeitures Not Itemized

$163,081

TOTAL PUBLIC FUNDS

$12,648,440

134.4 Change program name to: "Curriculum Standards." (S:YES)

State General Funds

$0

134.5 Transfer funds and activities of Georgia Youth Science and Technology Centers ($689,203), National Science

Center and Foundation ($1,416,750), and Foreign Language ($1,590,857).

State General Funds

$3,696,810

Changes in the Size of the Program

134.1 Redirect funds to Testing to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance

Standards (GPS).

State General Funds

($500,000)

$0

$0

134.2 Eliminate payment to National Science Center Foundation.

State General Funds

($316,000)

134.6 Provide funding to the Center for Understanding School Policy for Basic Right Over Wrong (B-ROW) education.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$200,000

134. Curriculum Standards

Appropriation (HB1027)

The purpose of this appropriation is to provide a world-class curriculum that will drive both instruction and assessment for

Georgia's teachers and students.

TOTAL STATE FUNDS

$1,274,833

$1,774,833

$7,821,663

State General Funds

$1,274,833

$1,774,833

$7,821,663

TOTAL FEDERAL FUNDS

$10,019,339

Federal Funds Not Itemized

$9,819,339

THURSDAY, MARCH 23, 2006

2683

Temporary Assistance for Needy Families

$200,000

Temporary Assistance for Needy Families Block Grant CFDA

$200,000

93.558

TOTAL AGENCY FUNDS

$163,081

Contributions, Donations, and Forfeitures

$163,081

Contributions, Donations, and Forfeitures Not Itemized

$163,081

TOTAL PUBLIC FUNDS

$1,274,833

$1,774,833

$18,004,083

Georgia Virtual School

Continuation Budget

The purpose of this program is to provide students enrollment in state funded courses via the Internet or in any other

manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$1,385,000

$1,385,000

$1,385,000

State General Funds

$1,385,000

$1,385,000

$1,385,000

TOTAL PUBLIC FUNDS

$1,385,000

$1,385,000

$1,385,000

Statewide Changes

139.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$3,734

$3,734

$3,734

Changes in the Size of the Program

139.2 Add funding and two positions to expand the program by an additional 2,000 seats.

State General Funds

$800,000

$800,000

$800,000

139. Georgia Virtual School

Appropriation (HB1027)

The purpose of this program is to provide students enrollment in state funded courses via the Internet or in any other

manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$2,188,734

$2,188,734

$2,188,734

State General Funds

$2,188,734

$2,188,734

$2,188,734

TOTAL PUBLIC FUNDS

$2,188,734

$2,188,734

$2,188,734

Governor's Honors Program

Continuation Budget

The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and

enriching educational opportunities not usually available during the regular school year.

TOTAL STATE FUNDS

$1,416,743

$1,416,743

$1,416,743

State General Funds

$1,416,743

$1,416,743

$1,416,743

TOTAL PUBLIC FUNDS

$1,416,743

$1,416,743

$1,416,743

2684

JOURNAL OF THE SENATE

Statewide Changes

141.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,480

$1,480

$1,480

141. Governor's Honors Program

Appropriation (HB1027)

The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and

enriching educational opportunities not usually available during the regular school year.

TOTAL STATE FUNDS

$1,418,223

$1,418,223

$1,418,223

State General Funds

$1,418,223

$1,418,223

$1,418,223

TOTAL PUBLIC FUNDS

$1,418,223

$1,418,223

$1,418,223

Information Technology Services

Continuation Budget

The purpose is primarily responsible for the collection and reporting of accurate data through the development and

maintenance of web-enabled applications.

TOTAL STATE FUNDS

$7,496,550

$7,496,550

$7,496,550

State General Funds

$7,496,550

$7,496,550

$7,496,550

TOTAL PUBLIC FUNDS

$7,496,550

$7,496,550

$7,496,550

Changes in Operations / Administration

142.2 Transfer from Central Office.

State General Funds

$1,273,307

Federal Funds Not Itemized

$5,000

Contributions, Donations, and Forfeitures Not Itemized

$2,400,000

TOTAL PUBLIC FUNDS

$3,678,307

142.4 Transfer Educational Technology from Central Office.

State General Funds

$1,179,939

Federal Funds Not Itemized

$2,551,099

Contributions, Donations, and Forfeitures Not Itemized

$529,000

TOTAL PUBLIC FUNDS

$4,260,038

One-Time Expense

142.3 Provide funds for Fund Accounting .

State General Funds

$4,000,000

Changes in the Size of the Program

142.1 Reduce funding for the Educational Technology Training Centers (ETTCs).

THURSDAY, MARCH 23, 2006

2685

State General Funds

($79,231)

($79,231)

$0

142. Information Technology Services

Appropriation (HB1027)

The purpose of this appropriation is primarily responsible for the collection and reporting of accurate data through the

development and maintenance of web-enabled applications.

TOTAL STATE FUNDS

$7,417,319

$7,417,319

$13,949,796

State General Funds

$7,417,319

$7,417,319

$13,949,796

TOTAL FEDERAL FUNDS

$2,556,099

Federal Funds Not Itemized

$2,556,099

TOTAL AGENCY FUNDS

$2,929,000

Contributions, Donations, and Forfeitures

$2,929,000

Contributions, Donations, and Forfeitures Not Itemized

$2,929,000

TOTAL PUBLIC FUNDS

$7,417,319

$7,417,319

$19,434,895

National Board Certification

Continuation Budget

National Board Certification is jointly administered between the Department of Education and the Professional Standards

Commission. The Department of Education component provides the ten percent salary increase for national board certified

teachers (based on the state salary) to local systems.

TOTAL STATE FUNDS

$11,038,035

$11,038,035

$11,038,035

State General Funds

$11,038,035

$11,038,035

$11,038,035

TOTAL PUBLIC FUNDS

$11,038,035

$11,038,035

$11,038,035

Changes to the Purpose or the Purpose Measure

143.1 SAC: The purpose of this appropriation is to provide the ten percent salary increase for National Board Certified

teachers to local systems (jointly administered between the Department of Education and the Professional

Standards Commission). The purpose will be measured by the number and percentage of teachers who hold

National Board Certification by district.

House: To provide the ten percent salary increase for National Board Certified teachers to local systems (jointly

administered between the Department of Education and the Professional Standards Commission).

State General Funds

$0

$0

143. National Board Certification

Appropriation (HB1027)

The purpose of this appropriation is to provide the ten percent salary increase for National Board Certified teachers to

local systems (jointly administered between the Department of Education and the Professional Standards Commission). The

purpose will be measured by the number and percentage of teachers who hold National Board Certification by district.

2686

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$11,038,035

$11,038,035

$11,038,035

State General Funds

$11,038,035

$11,038,035

$11,038,035

TOTAL PUBLIC FUNDS

$11,038,035

$11,038,035

$11,038,035

Non Quality Basic Education Formula Grants

Continuation Budget

The purpose of this program is to assure that sufficient funds are provided in order for the State's public school students to

receive an effective education.

TOTAL STATE FUNDS

$7,688,674

$7,688,674

$7,688,674

State General Funds

$7,688,674

$7,688,674

$7,688,674

TOTAL PUBLIC FUNDS

$7,688,674

$7,688,674

$7,688,674

Changes in Operations / Administration

145.4 Create a new program called Classroom Supplies. (G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

145.5 Transfer Special Ed-Low Incidence grant to Exceptional Students.

State General Funds

($826,722)

One-Time Expense

145.1 Remove one-time funds in Migrant Education for the Bulloch County poultry plant. (S:Jeff Davis County Board of

Education Migrant Education.)

State General Funds

($250,000)

($250,000)

($50,000)

Changes in the Size of the Program

145.2 Provide funds for teachers for classroom supplies ($100 purchase card). (H:Add funds to provide a $100 teacher

supply card for all state and local classroom teachers.)(S:Governor's position)

State General Funds

$10,000,000

$10,500,000

$10,000,000

145.3 Increase grants to schools for remedial education in grades 6-8.

State General Funds

$3,800,000

145. Non Quality Basic Education Formula Grants

Appropriation (HB1027)

The purpose of this program is to assure that sufficient funds are provided in order for the State's public school students to

receive an effective education.

TOTAL STATE FUNDS

$17,438,674

$17,938,674

$20,611,952

State General Funds

$17,438,674

$17,938,674

$20,611,952

TOTAL PUBLIC FUNDS

$17,438,674

$17,938,674

$20,611,952

THURSDAY, MARCH 23, 2006

2687

Nutrition

Continuation Budget

The purpose is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver

meals that support nutritional well-being and performance at school.

TOTAL STATE FUNDS

$36,017,592

$36,017,592

$36,017,592

State General Funds

$36,017,592

$36,017,592

$36,017,592

TOTAL FEDERAL FUNDS

$188,375,722 $188,375,722 $188,375,722

Federal Funds Not Itemized

$188,375,722 $188,375,722 $188,375,722

TOTAL PUBLIC FUNDS

$224,393,314 $224,393,314 $224,393,314

Statewide Changes

146.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,506,292

$1,506,292

$1,506,292

Changes in Operations / Administration

146.2 Transfer from Central Office.

State General Funds

$165,115

Federal Funds Not Itemized

$3,947,399

TOTAL PUBLIC FUNDS

$4,112,514

146. Nutrition

Appropriation (HB1027)

The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program

personnel can deliver meals that support nutritional well-being and performance at school.

TOTAL STATE FUNDS

$37,523,884

$37,523,884

$37,688,999

State General Funds

$37,523,884

$37,523,884

$37,688,999

TOTAL FEDERAL FUNDS

$188,375,722 $188,375,722 $192,323,121

Federal Funds Not Itemized

$188,375,722 $188,375,722 $192,323,121

TOTAL PUBLIC FUNDS

$225,899,606 $225,899,606 $230,012,120

Principal Supplements

Continuation Budget

The purpose of the program is to provide supplements to principals, the amount being determined by multiplying the

amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school.

TOTAL STATE FUNDS

$5,361,125

$5,361,125

$5,361,125

State General Funds

$5,361,125

$5,361,125

$5,361,125

TOTAL PUBLIC FUNDS

$5,361,125

$5,361,125

$5,361,125

Changes to the Purpose or the Purpose Measure

2688

JOURNAL OF THE SENATE

148.3 SAC: The purpose of this appropriation is to provide supplements to principals, the amount being determined by

multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each

school.

House: To provide Supplements to principals.

State General Funds

$0

$0

Changes in Operations / Administration

148.1 Create a new program called High Performing Principals. (G:YES)(H:YES)(S:NO)

State General Funds

$0

$0

$0

Changes in What Services are Offered

148.2 Provide grant funds for school districts to recruit high performing principals for target schools (High Performing

Principals). (H:Provide funding for 100 principals at a maximum of $15,000 each as authorized in SB 468.)

(S:Provide funding for 75 principals at a maximum of $15,000 each as authorized in SB 468.)

State General Funds

$3,000,000

$1,500,000

$1,125,000

148. Principal Supplements

Appropriation (HB1027)

The purpose of this appropriation is to provide supplements to principals, the amount being determined by multiplying the

amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school.

TOTAL STATE FUNDS

$8,361,125

$6,861,125

$6,486,125

State General Funds

$8,361,125

$6,861,125

$6,486,125

TOTAL PUBLIC FUNDS

$8,361,125

$6,861,125

$6,486,125

Quality Basic Education Equalization

Continuation Budget

This program provides money to local school systems after assessing an equity breakdown of the Local Five Mill Share

Program in order to narrow the gap (per pupil) between school systems.

TOTAL STATE FUNDS

$371,657,510 $371,657,510 $371,657,510

State General Funds

$371,657,510 $371,657,510 $371,657,510

TOTAL PUBLIC FUNDS

$371,657,510 $371,657,510 $371,657,510

Changes in the Size of the Program

149.1 Provide for an increase in grants.

State General Funds

$46,575,439

$46,575,439

$46,575,439

149.2 Annualize the correction to grant funding to properly reflect millage increase. (H:Reflects the actual calculation

with proposed legislative changes and exclusion of hurricane FTE's.)(S:House position)

State General Funds

$8,789,577

$8,591,423

$8,591,423

THURSDAY, MARCH 23, 2006

2689

149. Quality Basic Education Equalization

Appropriation (HB1027)

This program provides money to local school systems after assessing an equity breakdown of the Local Five Mill Share

Program in order to narrow the gap (per pupil) between school systems.

TOTAL STATE FUNDS

$427,022,526 $426,824,372 $426,824,372

State General Funds

$427,022,526 $426,824,372 $426,824,372

TOTAL PUBLIC FUNDS

$427,022,526 $426,824,372 $426,824,372

Quality Basic Education Local Five Mill Share

Continuation Budget

The state will pay 80% of QBE Formula funded costs and local school systems are required to pay 20%. The Local Five

Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest.

TOTAL STATE FUNDS

($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

State General Funds

($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

TOTAL PUBLIC FUNDS

($1,335,476,389) ($1,335,476,389) ($1,335,476,389)

Changes to the Purpose or the Purpose Measure

150.2 SAC: The state will pay 80% of QBE Formula funded costs, and local school systems are required to pay 20%. The

Local Five Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property

tax digest.

House: The Local Five Mill Share is a required local effort and is based on five mills of tax on the equalized

adjusted property tax digest.

State General Funds

$0

$0

Changes in Operations / Administration

150.1 Increase funds.

State General Funds

($104,786,117) ($104,786,117) ($104,786,117)

150. Quality Basic Education Local Five Mill Share

Appropriation (HB1027)

The state will pay 80% of QBE Formula funded costs, and local school systems are required to pay 20%. The Local Five

Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest.

TOTAL STATE FUNDS

($1,440,262,506) ($1,440,262,506) ($1,440,262,506)

State General Funds

($1,440,262,506) ($1,440,262,506) ($1,440,262,506)

TOTAL PUBLIC FUNDS

($1,440,262,506) ($1,440,262,506) ($1,440,262,506)

Quality Basic Education Program

Continuation Budget

The purpose is to provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-

12 students are academically prepared for further education and the workplace.

2690

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$6,677,381,942 $6,677,381,942 $6,677,381,942

State General Funds

$6,677,381,942 $6,677,381,942 $6,677,381,942

TOTAL PUBLIC FUNDS

$6,677,381,942 $6,677,381,942 $6,677,381,942

Statewide Changes

151.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$371,781,789 $371,781,789 $371,781,789

Changes in the Size of the Program

151.2 Expand Remedial Education to include students in grades 6-8. (H:Provide funding as part of the FY 2007 midterm

adjustment once an actual FTE count is available in October 2006.)(S:Provide funding in Non-QBE Grants

program.)

State General Funds

$2,390,507

$0

$0

151.3 Provide funds to reduce the individual maximum class size for grades K-8.

State General Funds

$163,164,787 $163,164,787 $163,164,787

151.4 Provide funds for enrollment growth of 2.5% and an increase in teacher training and experience.

State General Funds

$201,590,474 $201,590,474 $201,590,474

151.5 Provide funds to restore half of the FY 2003 reductions to the formula funding for media materials increasing the

rate from $9.77 to $14.65 per FTE. (S: Increase the media materials rate from $9.77 to $1104 per FTE).

State General Funds

$7,646,577

$1,989,176

151.6 Provide funding for school systems to fund one high school completion counselor, at the base teacher salary plus

fringe benefits, for each of Georgia's 385 high schools and adjust for training and experience, as necessary, in

future calculations. (S:See item 426.3.)

State General Funds

$15,429,069

$0

151. Quality Basic Education Program

Appropriation (HB1027)

The purpose of this appropriation is to provide funds to school systems for the instruction of students in grades K-12 to

ensure that Georgia's K-12 students are academically prepared for further education and the workplace.

TOTAL STATE FUNDS

$7,416,309,499 $7,436,994,638 $7,415,908,168

State General Funds

$7,416,309,499 $7,436,994,638 $7,415,908,168

TOTAL PUBLIC FUNDS

$7,416,309,499 $7,436,994,638 $7,415,908,168

Regional Education Service Agencies

Continuation Budget

The purpose is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the

effectiveness of educational programs and services to local school systems.

THURSDAY, MARCH 23, 2006

2691

TOTAL STATE FUNDS

$11,473,253

$11,473,253

$11,473,253

State General Funds

$11,473,253

$11,473,253

$11,473,253

TOTAL PUBLIC FUNDS

$11,473,253

$11,473,253

$11,473,253

Statewide Changes

152.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$489,218

$489,218

$489,218

Changes in the Size of the Program

152.2 Reduce funding (2% reduction).

State General Funds

($229,465)

$0

$0

152. Regional Education Service Agencies

Appropriation (HB1027)

The purpose of this appropriation is to provide Georgia's 16 Regional Education Service Agencies with shared services to

improve the effectiveness of educational programs and services to local school systems.

TOTAL STATE FUNDS

$11,733,006

$11,962,471

$11,962,471

State General Funds

$11,733,006

$11,962,471

$11,962,471

TOTAL PUBLIC FUNDS

$11,733,006

$11,962,471

$11,962,471

School Improvement

Continuation Budget

The purpose is to design and implement a coherent and sustained statewide system of support and process for improvement,

providing local education agencies and schools in Georgia with tools and resources as well as intensive support for schools

not making Adequate Yearly Progress

TOTAL STATE FUNDS

$11,636,228

$11,636,228

$11,636,228

State General Funds

$11,636,228

$11,636,228

$11,636,228

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$11,736,228

$11,736,228

$11,736,228

Changes in Operations / Administration

153.2 Transfer from Central Office.

State General Funds

$1,980,469

Federal Funds Not Itemized

$1,787,571

TOTAL PUBLIC FUNDS

$3,768,040

153.3 Transfer Comprehensive School Reform funds from U.S. Department of Education Grants.

2692

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$17,222,647

Changes in the Size of the Program

153.1 Redirect to Testing to fund an assessment for English Language Learners to measure English proficiency.

State General Funds

($1,000,000)

$0

$0

153. School Improvement

Appropriation (HB1027)

The purpose of this appropriation is to design and implement a coherent and sustained statewide system of support and

process for improvement, providing local education agencies and schools in Georgia with tools and resources as well as

intensive support for schools not making Adequate Yearly Progress.

TOTAL STATE FUNDS

$10,636,228

$11,636,228

$13,616,697

State General Funds

$10,636,228

$11,636,228

$13,616,697

TOTAL FEDERAL FUNDS

$19,010,218

Federal Funds Not Itemized

$19,010,218

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures

$100,000

$100,000

$100,000

Contributions, Donations, and Forfeitures Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$10,736,228

$11,736,228

$32,726,915

School Nurses

Continuation Budget

The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase

opportunities for academic success.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL AGENCY FUNDS

$30,000,000

$30,000,000

$30,000,000

Sales and Services

$30,000,000

$30,000,000

$30,000,000

Sales and Services Not Itemized

$30,000,000

$30,000,000

$30,000,000

TOTAL PUBLIC FUNDS

$30,000,000

$30,000,000

$30,000,000

Changes in How the Program is Funded

154.1 Replace funds.

Tobacco Settlement Funds

$30,000,000

$30,000,000

$30,000,000

Sales and Services Not Itemized

($30,000,000) ($30,000,000) ($30,000,000)

TOTAL PUBLIC FUNDS

$0

$0

$0

THURSDAY, MARCH 23, 2006

2693

154. School Nurses

Appropriation (HB1027)

The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase

opportunities for academic success.

TOTAL STATE FUNDS

$30,000,000

$30,000,000

$30,000,000

Tobacco Settlement Funds

$30,000,000

$30,000,000

$30,000,000

TOTAL PUBLIC FUNDS

$30,000,000

$30,000,000

$30,000,000

State Interagency Transfers

Continuation Budget

The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a

contract.

TOTAL STATE FUNDS

$251,591,693 $251,591,693 $251,591,693

State General Funds

$251,591,693 $251,591,693 $251,591,693

TOTAL FEDERAL FUNDS

$18,888,697

$18,888,697

$18,888,697

Federal Funds Not Itemized

$18,888,697

$18,888,697

$18,888,697

TOTAL PUBLIC FUNDS

$270,480,390 $270,480,390 $270,480,390

Changes in Operations / Administration

156.2 Transfer Even Start funds from U.S. Department of Education Grants.

Federal Funds Not Itemized

$6,391,803

156.3 Transfer funds and activities of Teacher Liability Insurance from the Academic Coach program..

State General Funds

$1,300,000

Changes in the Size of the Program

156.1 Transfer funds from Teacher Liability Insurance to Testing to fund additional students and the increased cost of the

Preliminary Scholastic Assessment Test (PSAT).

State General Funds

($200,000)

($200,000)

($200,000)

156. State Interagency Transfers

Appropriation (HB1027)

The purpose of this appropriation is to provide health insurance to retired teachers and non certified personnel and to pass

through funding via a contract.

TOTAL STATE FUNDS

$251,391,693 $251,391,693 $252,691,693

State General Funds

$251,391,693 $251,391,693 $252,691,693

TOTAL FEDERAL FUNDS

$18,888,697

$18,888,697

$25,280,500

Federal Funds Not Itemized

$18,888,697

$18,888,697

$25,280,500

TOTAL PUBLIC FUNDS

$270,280,390 $270,280,390 $277,972,193

2694

JOURNAL OF THE SENATE

Reading and Math

Continuation Budget

The purpose of this program is to improve academic proficiency in reading and math by funding research-based programs

in grades K-3 and after-school programs in grades 4-8.

TOTAL STATE FUNDS

$26,652,770

$26,652,770

$26,652,770

State General Funds

$26,652,770

$26,652,770

$26,652,770

TOTAL PUBLIC FUNDS

$26,652,770

$26,652,770

$26,652,770

Changes in Operations / Administration

157.2 Transfer Reading First funds from U.S. Department of Education Grants.

Federal Funds Not Itemized

$50,116,464

157.3 Change name to: "Reading and Math." (S:YES)

State General Funds

$0

Changes in the Size of the Program

157.1 Transfer funds to Central Office to fund an evaluation of the Reading and Math program.

State General Funds

($150,000)

$0

157. Reading and Math

Appropriation (HB1027)

The purpose of this program is to improve academic proficiency in reading and math by funding research-based programs

in grades K-3 and after-school programs in grades 4-8.

TOTAL STATE FUNDS

$26,652,770

$26,502,770

$26,652,770

State General Funds

$26,652,770

$26,502,770

$26,652,770

TOTAL FEDERAL FUNDS

$50,116,464

Federal Funds Not Itemized

$50,116,464

TOTAL PUBLIC FUNDS

$26,652,770

$26,502,770

$76,769,234

State Schools

Continuation Budget

The purpose of the State Schools is to prepare sensory-impaired and multi-disabled students to become productive citizens

by providing a learning environment addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$18,875,323

$18,875,323

$18,875,323

State General Funds

$18,875,323

$18,875,323

$18,875,323

TOTAL FEDERAL FUNDS

$431,714

$431,714

$431,714

Federal Funds Not Itemized

$431,714

$431,714

$431,714

TOTAL AGENCY FUNDS

$501,001

$501,001

$501,001

Sales and Services

$501,001

$501,001

$501,001

THURSDAY, MARCH 23, 2006

2695

Sales and Services Not Itemized

$501,001

$501,001

$501,001

TOTAL PUBLIC FUNDS

$19,808,038

$19,808,038

$19,808,038

Statewide Changes

158.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,323,270

$1,323,270

$1,323,270

Changes in Operations / Administration

158.2 Transfer from Central Office.

State General Funds

$1,578,723

Federal Funds Not Itemized

$35,270

TOTAL PUBLIC FUNDS

$1,613,993

158. State Schools

Appropriation (HB1027)

The purpose of the State Schools is to prepare sensory-impaired and multi-disabled students to become productive citizens

by providing a learning environment addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$20,198,593

$20,198,593

$21,777,316

State General Funds

$20,198,593

$20,198,593

$21,777,316

TOTAL FEDERAL FUNDS

$431,714

$431,714

$466,984

Federal Funds Not Itemized

$431,714

$431,714

$466,984

TOTAL AGENCY FUNDS

$501,001

$501,001

$501,001

Sales and Services

$501,001

$501,001

$501,001

Sales and Services Not Itemized

$501,001

$501,001

$501,001

TOTAL PUBLIC FUNDS

$21,131,308

$21,131,308

$22,745,301

Technology/Career Education

Continuation Budget

The purpose is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS

$15,256,641

$15,256,641

$15,256,641

State General Funds

$15,256,641

$15,256,641

$15,256,641

TOTAL FEDERAL FUNDS

$20,606,546

$20,606,546

$20,606,546

Federal Funds Not Itemized

$20,606,546

$20,606,546

$20,606,546

TOTAL PUBLIC FUNDS

$35,863,187

$35,863,187

$35,863,187

Statewide Changes

159.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$697,745

$697,745

$697,745

2696

JOURNAL OF THE SENATE

Changes in Operations / Administration

159.2 Transfer from Central Office.

State General Funds

$1,736,139

Federal Funds Not Itemized

$2,581,402

TOTAL PUBLIC FUNDS

$4,317,541

159. Technology/Career Education

Appropriation (HB1027)

The purpose of this appropriation is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS

$15,954,386

$15,954,386

$17,690,525

State General Funds

$15,954,386

$15,954,386

$17,690,525

TOTAL FEDERAL FUNDS

$20,606,546

$20,606,546

$23,187,948

Federal Funds Not Itemized

$20,606,546

$20,606,546

$23,187,948

TOTAL PUBLIC FUNDS

$36,560,932

$36,560,932

$40,878,473

Testing

Continuation Budget

The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to

implement the program.

TOTAL STATE FUNDS

$17,709,829

$17,709,829

$17,709,829

State General Funds

$17,709,829

$17,709,829

$17,709,829

TOTAL FEDERAL FUNDS

$9,704,191

$9,704,191

$9,704,191

Federal Funds Not Itemized

$9,704,191

$9,704,191

$9,704,191

TOTAL PUBLIC FUNDS

$27,414,020

$27,414,020

$27,414,020

Changes in Operations / Administration

160.7 Transfer from Central Office.

State General Funds

$248,407

Federal Funds Not Itemized

$390,985

TOTAL PUBLIC FUNDS

$639,392

Changes in What Services are Offered

160.1 Redirect from School Improvement to fund an assessment for English Language Learners to measure English

proficiency.

State General Funds

$1,000,000

$0

$0

160.2 Expand the web-based classroom accountability model.

State General Funds

$800,000

$800,000

$0

THURSDAY, MARCH 23, 2006

2697

160.8 Provide funding for an assessment for English Language Learners to measure English proficiency.

State General Funds

$1,000,000

$500,000

Federal Funds Not Itemized

$500,000

TOTAL PUBLIC FUNDS

$1,000,000

Changes in the Size of the Program

160.3 Redirect funds from Curriculum Development to align the Georgia Alternate Assessment (GAA) with the new

Georgia Performance Standards (GPS).

State General Funds

$500,000

$0

$0

160.4 Annualize funding for the online SAT preparation software and maintain current contract rate for FY 2007.

State General Funds

$1,000,000

$1,000,000

$1,000,000

160.5 Redirect funds from Teacher Liability Insurance to fund additional students and the increased cost of the

Preliminary Scholastic Assessment Test (PSAT).

State General Funds

$200,000

$200,000

$200,000

160.6 Provide funds to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards

(GPS).

State General Funds

$500,000

$250,000

Federal Funds Not Itemized

$250,000

TOTAL PUBLIC FUNDS

$500,000

160. Testing

Appropriation (HB1027)

The purpose of this appropriation is to adopt a student assessment program consisting of instruments, procedures, and

policies necessary to implement the program.

TOTAL STATE FUNDS

$21,209,829

$21,209,829

$19,908,236

State General Funds

$21,209,829

$21,209,829

$19,908,236

TOTAL FEDERAL FUNDS

$9,704,191

$9,704,191

$10,845,176

Federal Funds Not Itemized

$9,704,191

$9,704,191

$10,845,176

TOTAL PUBLIC FUNDS

$30,914,020

$30,914,020

$30,753,412

Transportation

Continuation Budget

The purpose is to assist local school systems in their efforts to provide safe and efficient transportation for students to and

from school and school related activities. Assistance is provided in the areas of driver training, funding, equipment

specifications and purchases.

TOTAL STATE FUNDS

$158,353,875 $158,353,875 $158,353,875

2698

JOURNAL OF THE SENATE

State General Funds

$158,353,875 $158,353,875 $158,353,875

TOTAL PUBLIC FUNDS

$158,353,875 $158,353,875 $158,353,875

Statewide Changes

161.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$3,098,255

$3,098,255

$3,098,255

Changes to the Purpose or the Purpose Measure

161.3 SAC: The purpose of this appropriation is to assist local school systems in their efforts to provide safe and efficient

transportation for students to and from school, and school related activities.

House: To assist local school systems in their efforts to provide safe and efficient transportation for students to and

from school and school related activities.

State General Funds

$0

$0

Changes in Operations / Administration

161.4 Transfer from Central Office.

State General Funds

$537,958

Changes in the Size of the Program

161.2 Add funds for rising fuel costs.

State General Funds

$5,000,000

$5,000,000

$5,000,000

161. Transportation

Appropriation (HB1027)

The purpose of this appropriation is to assist local school systems in their efforts to provide safe and efficient transportation

for students to and from school, and school related activities.

TOTAL STATE FUNDS

$166,452,130 $166,452,130 $166,990,088

State General Funds

$166,452,130 $166,452,130 $166,990,088

TOTAL PUBLIC FUNDS

$166,452,130 $166,452,130 $166,990,088

DropOut Prevention

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

426.8 SAC: The purpose of this appropriation is to substantially reduce dropout rates for Georgia students. The purpose

will be measured by the number of students who graduate from high school in four years.

State General Funds

$0

Changes in Operations / Administration

THURSDAY, MARCH 23, 2006

2699

426.1 Create a new program called Education Go Get It. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

426.2 Create a new program called High School Completion (G:YES) (H:NO) (S:NO)

State General Funds

$0

$0

$0

426.7 Transfer funds and activities from Communities in Schools.

State General Funds

$1,320,623

Changes in What Services are Offered

426.3 Improve graduation rates by providing grants to school systems to fund one high school completion counselor for

every high school (High School Completion). (H:Provide funding as part of the QBE Program to reflect completion

counselors as part of the full complement of earned high school personnel rather than establishing a new

program.)(S:See item 151.6.)

State General Funds

$21,175,000

$0

$15,429,069

Changes in the Size of the Program

426.4 Transfer the Education GO Get It program and two positions from the Board of Regents. (H:Redirect funds to the

Communities in Schools program to further dropout prevention efforts.)(S:Governor position)

State General Funds

$977,905

$0

$977,905

426.5 Redirect funds from Education Go Get It to provide for three new Performance Learning Centers in Ben Hill

County, Cobb County and Troup County. (S:Provide funds for five new Performance Learning Centers in Ben Hill

County, Cobb County, Troup County, Laurens County (Dublin), and Chatham County (Savannah) at $196,500 per

county.)

State General Funds

$639,586

$982,500

426.6 Redirect funds from Education Go Get It to provide for high school completion counselor training.

State General Funds

$400,000

$0

426. DropOut Prevention

Appropriation (HB1027)

The purpose of this appropriation is to substantially reduce dropout rates for Georgia students. The purpose will be

measured by the number of students who graduate from high school in four years.

TOTAL STATE FUNDS

$22,152,905

$1,039,586

$18,710,097

State General Funds

$22,152,905

$1,039,586

$18,710,097

TOTAL PUBLIC FUNDS

$22,152,905

$1,039,586

$18,710,097

Exceptional Students

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

2700

JOURNAL OF THE SENATE

State General Funds

$0

$0

$0

Statewide Changes

427.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$5,612,412

$5,612,412

$5,612,412

Changes to the Purpose or the Purpose Measure

427.9 SAC: The purpose of this appropriation is to ensure that children with special needs have the additional resources

needed to support full participation in academic instruction designed to ensure that Georgia's PreK-12 students

are academically prepared for further education and the workplace. The purpose will be measured by the number

of exceptional students who have access to the general curriculum.

State General Funds

$0

Changes in Operations / Administration

427.2 Transfer from Central Office.

State General Funds

$503,079

Federal Funds Not Itemized

$6,527,068

TOTAL PUBLIC FUNDS

$7,030,147

427.3 Transfer Special Education funds from U.S. Department of Education Grants.

Federal Funds Not Itemized

$259,777,567

TOTAL PUBLIC FUNDS

$259,777,567

427.4 Transfer funds and activities of Georgia Learning Resources System.

Federal Funds Not Itemized

$5,117,573

427.5 Transfer funds and activities of Preschool Handicapped.

State General Funds

$24,008,490

427.6 Transfer funds and activities of Severely Emotionally Disturbed.

State General Funds

$64,684,683

Federal Funds Not Itemized

$7,724,112

TOTAL PUBLIC FUNDS

$72,408,795

427.7 Transfer funds and activities of Tuition for Multihandicapped.

State General Funds

$1,658,859

427.8 Transfer funds of Special Ed-Low Incidence Grant.

State General Funds

$826,722

THURSDAY, MARCH 23, 2006

2701

427. Exceptional Students

Appropriation (HB1027)

The purpose of this appropriation is to ensure that children with special needs have the additional resources needed to

support full participation in academic instruction designed to ensure that Georgia's PreK-12 students are academically

prepared for further education and the workplace. The purpose will be measured by the number of exceptional students

who have access to the general curriculum.

TOTAL STATE FUNDS

$5,612,412

$5,612,412

$97,294,245

State General Funds

$5,612,412

$5,612,412

$97,294,245

TOTAL FEDERAL FUNDS

$279,146,320

Federal Funds Not Itemized

$279,146,320

TOTAL PUBLIC FUNDS

$5,612,412

$5,612,412 $376,440,565

No Child Left Behind

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

428.2 SAC: The purpose of this appropriation is to improve the performance of America's elementary and secondary

schools while at the same time ensure that no child is trapped in a failing school. The purpose will be measured by

the number of students served in neglected or delinquent institutions.

Federal Funds Not Itemized

$0

Changes in Operations / Administration

428.1 Transfer all Title I funds from U.S. Department of Education Grants.

Federal Funds Not Itemized

$470,211,330

TOTAL PUBLIC FUNDS

$470,211,330

428. No Child Left Behind

Appropriation (HB1027)

The purpose of this appropriation is to improve the performance of America's elementary and secondary schools while at

the same time ensure that no child is trapped in a failing school. The purpose will be measured by the number of students

served in neglected or delinquent institutions.

TOTAL FEDERAL FUNDS

$470,211,330

Federal Funds Not Itemized

$470,211,330

TOTAL PUBLIC FUNDS

$470,211,330

U.S. Department of Education Grants

Continuation Budget

Federal programs coordinates federally funded programs and allocates federal funds to school systems.

2702

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$0

$0

$0

TOTAL FEDERAL FUNDS

$817,561,039 $817,561,039 $817,561,039

Federal Funds Not Itemized

$817,561,039 $817,561,039 $817,561,039

TOTAL PUBLIC FUNDS

$817,561,039 $817,561,039 $817,561,039

Changes to the Purpose or the Purpose Measure

431.6 SAC: The purpose of this appropriation is to offer federally funded programs to Georgia students. The purpose

will be measured by the number of students served by US DOE Grants compared to the number of students eligible

for those grants.

Federal Funds Not Itemized

$0

Changes in Operations / Administration

431.1 Transfer all Title I funds [Title I ($311,537,540), Title I-C Migrant ($8,548,626), Title I-D Neglected and

Delinquent and Title II-A Improving Teacher Quality ($74,520,950), Title II Math/Science Programs ($4,212,377),

Title II-D Enhancing Youth Through Technology ($19,170,536), Title III-A English Language ($10,629,204), Title

IV-B 21st Century Schools ($27,235,252), Title V Innovative Programs ($7,410,479), and Title VI-B Rural and Low

Income ($6,946,366)] to No Child Left Behind.

Federal Funds Not Itemized

($470,211,330)

TOTAL PUBLIC FUNDS

($470,211,330)

431.2 Transfer Comprehensive School Reform funds to School Improvement.

Federal Funds Not Itemized

($17,222,647)

431.3 Transfer Even Start funds to State Interagency Transfers.

Federal Funds Not Itemized

($6,391,803)

431.4 Transfer Reading First funds to Reading and Math.

Federal Funds Not Itemized

($50,116,464)

431.5 Transfer Special Education funds to Exceptional Students.

Federal Funds Not Itemized

($259,777,567)

TOTAL PUBLIC FUNDS

($259,777,567)

431. U.S. Department of Education Grants

Appropriation (HB1027)

The purpose of this appropriation is to offer federally funded programs to Georgia students. The purpose will be measured

by the number of students served by US DOE Grants compared to the number of students eligible for those grants.

TOTAL FEDERAL FUNDS

$817,561,039 $817,561,039

$13,841,228

Federal Funds Not Itemized

$817,561,039 $817,561,039

$13,841,228

THURSDAY, MARCH 23, 2006

2703

TOTAL PUBLIC FUNDS

$817,561,039 $817,561,039

$13,841,228

Tuition for Multi-Handicapped

Continuation Budget

The purpose is to provide funds to assist school systems that have multi-handicapped students. These funds are intended to

assist systems in meeting the high cost of private residential placements and to provide a continuum of placements for such

students as mandated by federal regulations.

TOTAL STATE FUNDS

$1,658,859

$1,658,859

$1,658,859

State General Funds

$1,658,859

$1,658,859

$1,658,859

TOTAL PUBLIC FUNDS

$1,658,859

$1,658,859

$1,658,859

Changes in Operations / Administration

957.1 Transfer funds and activities to Exceptional Students.

State General Funds

($1,658,859)

957. Tuition for Multi-Handicapped

Appropriation (HB1027)

The purpose of this appropriation is to provide funds to assist school systems that have multi-handicapped students. These

funds are intended to assist systems in meeting the high cost of private residential placements and to provide a continuum of

placements for such students as mandated by federal regulations.

TOTAL STATE FUNDS

$1,658,859

$1,658,859

State General Funds

$1,658,859

$1,658,859

TOTAL PUBLIC FUNDS

$1,658,859

$1,658,859

Severely Emotionally Disturbed

Continuation Budget

The purpose is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS

$64,684,683

$64,684,683

$64,684,683

State General Funds

$64,684,683

$64,684,683

$64,684,683

TOTAL FEDERAL FUNDS

$7,724,112

$7,724,112

$7,724,112

Federal Funds Not Itemized

$7,724,112

$7,724,112

$7,724,112

TOTAL PUBLIC FUNDS

$72,408,795

$72,408,795

$72,408,795

Changes in Operations / Administration

958.1 Transfer funds and activities to Exceptional Students.

State General Funds

($64,684,683)

Federal Funds Not Itemized

($7,724,112)

TOTAL PUBLIC FUNDS

($72,408,795)

2704

JOURNAL OF THE SENATE

958. Severely Emotionally Disturbed

Appropriation (HB1027)

The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS

$64,684,683

$64,684,683

State General Funds

$64,684,683

$64,684,683

TOTAL FEDERAL FUNDS

$7,724,112

$7,724,112

Federal Funds Not Itemized

$7,724,112

$7,724,112

TOTAL PUBLIC FUNDS

$72,408,795

$72,408,795

Georgia Learning Resources System

Continuation Budget

The purpose of this program is to provide training and resources to educators and parents of students with disabilities

through a network of 17 centers around the state.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL FEDERAL FUNDS

$5,117,573

$5,117,573

$5,117,573

Federal Funds Not Itemized

$5,117,573

$5,117,573

$5,117,573

TOTAL PUBLIC FUNDS

$5,117,573

$5,117,573

$5,117,573

Changes in Operations / Administration

959.1 Transfer funds and activities to Exceptional Students.

Federal Funds Not Itemized

($5,117,573)

959. Georgia Learning Resources System

Appropriation (HB1027)

The purpose of this program is to provide training and resources to educators and parents of students with disabilities

through a network of 17 centers around the state.

TOTAL FEDERAL FUNDS

$5,117,573

$5,117,573

Federal Funds Not Itemized

$5,117,573

$5,117,573

TOTAL PUBLIC FUNDS

$5,117,573

$5,117,573

Preschool Handicapped

Continuation Budget

The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to

succeed.

TOTAL STATE FUNDS

$24,008,490

$24,008,490

$24,008,490

State General Funds

$24,008,490

$24,008,490

$24,008,490

TOTAL PUBLIC FUNDS

$24,008,490

$24,008,490

$24,008,490

Changes in Operations / Administration

960.1 Transfer funds and activities to Exceptional Students.

THURSDAY, MARCH 23, 2006

2705

State General Funds

($24,008,490)

960. Preschool Handicapped

Appropriation (HB1027)

The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to

succeed.

TOTAL STATE FUNDS

$24,008,490

$24,008,490

State General Funds

$24,008,490

$24,008,490

TOTAL PUBLIC FUNDS

$24,008,490

$24,008,490

National Science Center and Foundation

Continuation Budget

The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways

to use technology in teaching, and to deploy those methods in our schools.

TOTAL STATE FUNDS

$1,416,750

$1,416,750

$1,416,750

State General Funds

$1,416,750

$1,416,750

$1,416,750

TOTAL PUBLIC FUNDS

$1,416,750

$1,416,750

$1,416,750

Changes in Operations / Administration

961.1 Transfer funds and activities to Curriculum Standards.

State General Funds

($1,416,750)

961. National Science Center and Foundation

Appropriation (HB1027)

The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways

to use technology in teaching, and to deploy those methods in our schools.

TOTAL STATE FUNDS

$1,416,750

$1,416,750

State General Funds

$1,416,750

$1,416,750

TOTAL PUBLIC FUNDS

$1,416,750

$1,416,750

Georgia Youth Science and Technology

Continuation Budget

The purpose of this program is to increase interest and enthusiasm in science and the technologies, particularly among

elementary and middle school teachers and students.

TOTAL STATE FUNDS

$689,203

$689,203

$689,203

State General Funds

$689,203

$689,203

$689,203

TOTAL PUBLIC FUNDS

$689,203

$689,203

$689,203

Changes in Operations / Administration

962.1 Transfer funds and activities to Curriculum Standards.

State General Funds

($689,203)

2706

JOURNAL OF THE SENATE

962. Georgia Youth Science and Technology

Appropriation (HB1027)

The purpose of this program is to increase interest and enthusiasm in science and the technologies, particularly among

elementary and middle school teachers and students.

TOTAL STATE FUNDS

$689,203

$689,203

State General Funds

$689,203

$689,203

TOTAL PUBLIC FUNDS

$689,203

$689,203

Foreign Language

Continuation Budget

The foreign language program provides funds to elementary schools for foreign language instruction.

TOTAL STATE FUNDS

$1,590,857

$1,590,857

$1,590,857

State General Funds

$1,590,857

$1,590,857

$1,590,857

TOTAL PUBLIC FUNDS

$1,590,857

$1,590,857

$1,590,857

Changes in Operations / Administration

963.1 Transfer funds and activities to Curriculum Standards.

State General Funds

($1,590,857)

963. Foreign Language

Appropriation (HB1027)

The foreign language program provides funds to elementary schools for foreign language instruction.

TOTAL STATE FUNDS

$1,590,857

$1,590,857

State General Funds

$1,590,857

$1,590,857

TOTAL PUBLIC FUNDS

$1,590,857

$1,590,857

Communities in Schools

Continuation Budget

Communities in Schools operates alternative education programs throughout the state, bringing community resources into

schools to help students stay in school and prepare for life.

TOTAL STATE FUNDS

$1,320,623

$1,320,623

$1,320,623

State General Funds

$1,320,623

$1,320,623

$1,320,623

TOTAL PUBLIC FUNDS

$1,320,623

$1,320,623

$1,320,623

Changes in Operations / Administration

964.1 Transfer funds and activities of Communities in Schools to Dropout Prevention.

State General Funds

($1,320,623)

964. Communities in Schools

Appropriation (HB1027)

Communities in Schools operates alternative education programs throughout the state, bringing community resources into

schools to help students stay in school and prepare for life.

THURSDAY, MARCH 23, 2006

2707

TOTAL STATE FUNDS

$1,320,623

$1,320,623

State General Funds

$1,320,623

$1,320,623

TOTAL PUBLIC FUNDS

$1,320,623

$1,320,623

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,429.42. In addition, all local

school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 24: Employees' Retirement System of Georgia

Section Total - Continuation

TOTAL STATE FUNDS

$5,112,647

$5,112,647

$5,112,647

State General Funds

$5,112,647

$5,112,647

$5,112,647

TOTAL AGENCY FUNDS

$6,256,626

$6,256,626

$6,256,626

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

Sales and Services

$3,128,121

$3,128,121

$3,128,121

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,856,982

$16,856,982

$16,856,982

TOTAL PUBLIC FUNDS

$28,226,255

$28,226,255

$28,226,255

Section Total - Final

TOTAL STATE FUNDS

$5,227,095

$8,939,095

$9,775,095

State General Funds

$5,227,095

$8,939,095

$9,775,095

TOTAL AGENCY FUNDS

$6,889,063

$6,889,063

$6,889,063

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

Sales and Services

$3,760,558

$3,760,558

$3,760,558

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$14,180,500

$14,180,500

$14,180,500

TOTAL PUBLIC FUNDS

$26,296,658

$30,008,658

$30,844,658

Deferred Compensation

Continuation Budget

The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the

State, giving them an effective supplement for their retirement planning.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

TOTAL AGENCY FUNDS

$3,128,121

$3,128,121

$3,128,121

Sales and Services

$3,128,121

$3,128,121

$3,128,121

Sales and Services Not Itemized

$3,128,121

$3,128,121

$3,128,121

TOTAL PUBLIC FUNDS

$3,128,121

$3,128,121

$3,128,121

Statewide Changes

2708

JOURNAL OF THE SENATE

163.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Sales and Services Not Itemized

$15,778

$15,778

$15,778

Changes in the Size of the Program

163.2 Increase funds to integrate Deferred Compensation into the ERS computer system and provide contract funding for

a third party administrator.

Sales and Services Not Itemized

$616,659

$616,659

$616,659

163. Deferred Compensation

Appropriation (HB1027)

The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for

all employees of the State, giving them an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS

$3,760,558

$3,760,558

$3,760,558

Sales and Services

$3,760,558

$3,760,558

$3,760,558

Sales and Services Not Itemized

$3,760,558

$3,760,558

$3,760,558

TOTAL PUBLIC FUNDS

$3,760,558

$3,760,558

$3,760,558

Georgia Military Pension Fund

Continuation Budget

The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$890,651

$890,651

$890,651

State General Funds

$890,651

$890,651

$890,651

TOTAL PUBLIC FUNDS

$890,651

$890,651

$890,651

Changes in the Size of the Program

164.1 Increase funds based on current actuarial valuation.

State General Funds

$114,448

$114,448

$114,448

164. Georgia Military Pension Fund

Appropriation (HB1027)

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia

National Guard.

TOTAL STATE FUNDS

$1,005,099

$1,005,099

$1,005,099

State General Funds

$1,005,099

$1,005,099

$1,005,099

TOTAL PUBLIC FUNDS

$1,005,099

$1,005,099

$1,005,099

System Administration

Continuation Budget

The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement

benefits to members and beneficiaries. It is the intent of the General Assembly that the employer contribution rate for the

Employees' Retirement System shall not exceed 10.41% for New Plan Employees and 5.66% for Old Plan Employees for

THURSDAY, MARCH 23, 2006

2709

State Fiscal Year 2006.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

TOTAL AGENCY FUNDS

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income Not Itemized

$3,128,505

$3,128,505

$3,128,505

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,856,982

$16,856,982

$16,856,982

Retirement Payments

$16,856,982

$16,856,982

$16,856,982

TOTAL PUBLIC FUNDS

$19,985,487

$19,985,487

$19,985,487

Statewide Changes

165.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Retirement Payments

$108,518

$108,518

$108,518

Changes in Operations / Administration

165.2 Fund HB 731 - Membership in the Georgia Judicial Retirement System.

State General Funds

$4,000

$4,000

165.3 Fund HB 644 - Credible service for ERS members with temporary full-time service in the Legislative Branch.

State General Funds

$6,000

$6,000

165.4 Fund HB 582 - Credible service for temporary full-time service with an employer covered under ERS.

State General Funds

$88,000

$88,000

165.5 Fund HB 101 - Peace Officers' Annuity and Benefit Fund.

State General Funds

$1,514,000

$250,000

Changes in the Size of the Program

165.6 Reduce funds.

Retirement Payments

($2,785,000)

($2,785,000)

($2,785,000)

165. System Administration

Appropriation (HB1027)

The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and

disburse retirement benefits to members and beneficiaries. It is the intent of the General Assembly that the employer

contribution rate for the Employees' Retirement System shall not exceed 10.41% for New Plan Employees and 5.66% for

Old Plan Employees for State Fiscal Year 2006.

TOTAL STATE FUNDS

$1,612,000

$348,000

State General Funds

$1,612,000

$348,000

2710

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income

$3,128,505

$3,128,505

$3,128,505

Interest and Investment Income Not Itemized

$3,128,505

$3,128,505

$3,128,505

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$14,180,500

$14,180,500

$14,180,500

Retirement Payments

$14,180,500

$14,180,500

$14,180,500

TOTAL PUBLIC FUNDS

$17,309,005

$18,921,005

$17,657,005

Public School Employees Retirement System

Continuation Budget

The purpose is to account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely

and accurate payment of retirement benefits. It is the intent of the General Assembly that the employer contribution for

Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006.

TOTAL STATE FUNDS

$4,221,996

$4,221,996

$4,221,996

State General Funds

$4,221,996

$4,221,996

$4,221,996

TOTAL PUBLIC FUNDS

$4,221,996

$4,221,996

$4,221,996

Changes in the Size of the Program

166.1 Provide funds to increase the benefits accrual rate by $0.25 per month for each year of service increasing the rate

from $13.50 to $13.75(S: Rate from $13.50 to $14.00).

State General Funds

$2,100,000

$4,200,000

166. Public School Employees Retirement System

Appropriation (HB1027)

The purpose of this appropriation is to account for the receipt of retirement contributions, to ensure sound investing of

system funds, and timely and accurate payment of retirement benefits. It is the intent of the General Assembly that the

employer contribution for Public School Employees' Retirement System shall not exceed $101.12 per member for State

Fiscal Year 2006.

TOTAL STATE FUNDS

$4,221,996

$6,321,996

$8,421,996

State General Funds

$4,221,996

$6,321,996

$8,421,996

TOTAL PUBLIC FUNDS

$4,221,996

$6,321,996

$8,421,996

Section 25: Forestry Commission, State

Section Total - Continuation

TOTAL STATE FUNDS

$31,932,273

$31,932,273

$31,932,273

State General Funds

$31,932,273

$31,932,273

$31,932,273

TOTAL FEDERAL FUNDS

$822,000

$822,000

$822,000

Federal Funds Not Itemized

$822,000

$822,000

$822,000

THURSDAY, MARCH 23, 2006

2711

TOTAL AGENCY FUNDS

$5,448,129

$5,448,129

$5,448,129

Royalties and Rents

$138,000

$138,000

$138,000

Sales and Services

$5,310,129

$5,310,129

$5,310,129

TOTAL PUBLIC FUNDS

$38,202,402

$38,202,402

$38,202,402

Section Total - Final

TOTAL STATE FUNDS

$35,128,545

$33,846,518

$34,421,050

State General Funds

$35,128,545

$33,846,518

$34,421,050

TOTAL FEDERAL FUNDS

$822,000

$822,000

$822,000

Federal Funds Not Itemized

$822,000

$822,000

$822,000

TOTAL AGENCY FUNDS

$4,978,638

$4,978,638

$4,978,638

Royalties and Rents

$139,500

$139,500

$139,500

Sales and Services

$4,839,138

$4,839,138

$4,839,138

TOTAL PUBLIC FUNDS

$40,929,183

$39,647,156

$40,221,688

Commission Administration

Continuation Budget

The purpose is to administer work force needs, handle purchasing, accounts receivable and payable, meet information

technology needs, and provide oversight that emphasizes customer values and process innovation.

TOTAL STATE FUNDS

$3,798,610

$3,798,610

$3,798,610

State General Funds

$3,798,610

$3,798,610

$3,798,610

TOTAL AGENCY FUNDS

$173,027

$173,027

$173,027

Sales and Services

$173,027

$173,027

$173,027

Sales and Services Not Itemized

$173,027

$173,027

$173,027

TOTAL PUBLIC FUNDS

$3,971,637

$3,971,637

$3,971,637

Statewide Changes

167.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$90,622

$90,622

$90,622

Changes in the Size of the Program

167.2 Transfer funds from the Forest Management, Forest Protection, Tree Improvement and Tree Seedling Nursery

programs to reflect program expenditures.

State General Funds

$154,485

$154,485

$344,098

167.3 Add one technical position to support the computer network.

State General Funds

$73,500

$73,500

$73,500

2712

JOURNAL OF THE SENATE

167.4 Provide funding to address ongoing and deferred maintenance needs, ensuring firefighting readiness.(S: Fund in

Bonds for $1,500,000.)

State General Funds

$876,222

$438,111

$0

167.5 Provide funds for a Six Engine Firetruck Program.

State General Funds

$250,000

167. Commission Administration

Appropriation (HB1027)

The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable,

meet information technology needs, and provide oversight that emphasizes customer values and process innovation.

TOTAL STATE FUNDS

$4,993,439

$4,555,328

$4,556,830

State General Funds

$4,993,439

$4,555,328

$4,556,830

TOTAL AGENCY FUNDS

$173,027

$173,027

$173,027

Sales and Services

$173,027

$173,027

$173,027

Sales and Services Not Itemized

$173,027

$173,027

$173,027

TOTAL PUBLIC FUNDS

$5,166,466

$4,728,355

$4,729,857

Forest Management

Continuation Budget

The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory

data.

TOTAL STATE FUNDS

$2,624,712

$2,624,712

$2,624,712

State General Funds

$2,624,712

$2,624,712

$2,624,712

TOTAL FEDERAL FUNDS

$552,000

$552,000

$552,000

Federal Funds Not Itemized

$552,000

$552,000

$552,000

TOTAL AGENCY FUNDS

$627,500

$627,500

$627,500

Royalties and Rents

$125,000

$125,000

$125,000

Royalties and Rents Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$502,500

$502,500

$502,500

Sales and Services Not Itemized

$502,500

$502,500

$502,500

TOTAL PUBLIC FUNDS

$3,804,212

$3,804,212

$3,804,212

Statewide Changes

168.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$80,658

$80,658

$80,658

Changes in the Size of the Program

THURSDAY, MARCH 23, 2006

2713

168.2 Transfer funds to the Administration program to properly reflect program expenditures.

State General Funds

($555,373)

($555,373)

($248,449)

168.3 Add five foresters to address forest pests and diseases in order to preserve the health of Georgia's forest

lands.(H:Reduce two positions.)(S:Governor's position)

State General Funds

$292,379

$175,427

$292,379

168.4 Add three positions and funding to implement a carbon sequestration program that will improve air quality,

leverage federal funding and provide greater incentives to landowners to plant more trees.(H:Reduce two

positions.)(S:Governor's position)

State General Funds

$281,946

$93,982

$281,946

168.5 Add four foresters to preserve water quality through education, training and evaluation of best management

practices.(H:Reduce two positions.)(S:Governor's position)

State General Funds

$278,000

$139,000

$278,000

168.6 Add one position for the creation of a bioenergy program to address Georgia's energy needs through the

development of bioenergy markets and greater use of forest resources.

State General Funds

$93,982

$93,982

$93,982

168. Forest Management

Appropriation (HB1027)

The purpose of this appropriation is to survey 20% of permanently established forest survey plots annually to gather forest

health and inventory data.

TOTAL STATE FUNDS

$3,096,304

$2,652,388

$3,403,228

State General Funds

$3,096,304

$2,652,388

$3,403,228

TOTAL FEDERAL FUNDS

$552,000

$552,000

$552,000

Federal Funds Not Itemized

$552,000

$552,000

$552,000

TOTAL AGENCY FUNDS

$627,500

$627,500

$627,500

Royalties and Rents

$125,000

$125,000

$125,000

Royalties and Rents Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$502,500

$502,500

$502,500

Sales and Services Not Itemized

$502,500

$502,500

$502,500

TOTAL PUBLIC FUNDS

$4,275,804

$3,831,888

$4,582,728

Forest Protection

Continuation Budget

The purpose is to protect the public and forest resources.

TOTAL STATE FUNDS

$25,575,110

$25,575,110

$25,575,110

2714

JOURNAL OF THE SENATE

State General Funds

$25,575,110

$25,575,110

$25,575,110

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$2,676,611

$2,676,611

$2,676,611

Royalties and Rents

$13,000

$13,000

$13,000

Royalties and Rents Not Itemized

$13,000

$13,000

$13,000

Sales and Services

$2,663,611

$2,663,611

$2,663,611

Sales and Services Not Itemized

$2,663,611

$2,663,611

$2,663,611

TOTAL PUBLIC FUNDS

$28,451,721

$28,451,721

$28,451,721

Statewide Changes

169.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$821,457

$821,457

$821,457

Changes in Operations / Administration

169.2 Eliminate funds used for the lease/purchase of a helicopter paid for in FY 2005.

State General Funds

($700,000)

($700,000)

($700,000)

Changes in the Size of the Program

169.3 Increase funds to properly reflect program expenditures.

State General Funds

$447,689

$447,689

($55,121)

169.4 Fill fifteen vacant ranger positions to provide adequate staffing for a moderate fire season.(H:Reduce five

positions.)(S:Governor's position.)

State General Funds

$525,000

$350,000

$525,000

169.5 Provide additional funds to address moderate fire season maintenance needs.

State General Funds

$475,000

$250,000

$400,000

169. Forest Protection

Appropriation (HB1027)

The purpose of this appropriation is to protect the public and forest resources.

TOTAL STATE FUNDS

$27,144,256

$26,744,256

$26,566,446

State General Funds

$27,144,256

$26,744,256

$26,566,446

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$2,676,611

$2,676,611

$2,676,611

Royalties and Rents

$13,000

$13,000

$13,000

THURSDAY, MARCH 23, 2006

2715

Royalties and Rents Not Itemized

$13,000

$13,000

$13,000

Sales and Services

$2,663,611

$2,663,611

$2,663,611

Sales and Services Not Itemized

$2,663,611

$2,663,611

$2,663,611

TOTAL PUBLIC FUNDS

$30,020,867

$29,620,867

$29,443,057

Tree Improvement

Continuation Budget

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

$119,123

$119,123

$119,123

State General Funds

$119,123

$119,123

$119,123

TOTAL PUBLIC FUNDS

$119,123

$119,123

$119,123

Statewide Changes

170.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$312

$312

$312

Changes in the Size of the Program

170.2 Reduce funds to reflect program expenditures.

State General Funds

($776)

($776)

($776)

170. Tree Improvement

Appropriation (HB1027)

The purpose of this appropriation is to provide quality, forest tree planting stock to Georgia landowners at reasonable

prices without reliance on legislative appropriations.

TOTAL STATE FUNDS

$118,659

$118,659

$118,659

State General Funds

$118,659

$118,659

$118,659

TOTAL PUBLIC FUNDS

$118,659

$118,659

$118,659

Tree Seedling Nursery

Continuation Budget

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on

legislative appropriations.

TOTAL STATE FUNDS

($185,282)

($185,282)

($185,282)

State General Funds

($185,282)

($185,282)

($185,282)

TOTAL FEDERAL FUNDS

$70,000

$70,000

$70,000

Federal Funds Not Itemized

$70,000

$70,000

$70,000

TOTAL AGENCY FUNDS

$1,970,991

$1,970,991

$1,970,991

Sales and Services

$1,970,991

$1,970,991

$1,970,991

2716

JOURNAL OF THE SENATE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS Statewide Changes

$1,970,991 $1,855,709

$1,970,991 $1,855,709

$1,970,991 $1,855,709

171.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$7,194

$7,194

$7,194

Changes to the Purpose or the Purpose Measure

171.4 SAC: The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for

sale at reasonable cost to Georgia landowners. The purpose will be measured by the number of tree seedlings

sold.

House: Producing adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia

landowners.

State General Funds

$0

$0

Changes in the Size of the Program

171.2 Reduce funds to reflect program expenditures.

State General Funds

($46,025)

($46,025)

($46,025)

171.3 Decrease other funds to accurately reflect collections from seedling sales.

Royalties and Rents Not Itemized

$1,500

$1,500

$1,500

Sales and Services Not Itemized

($470,991)

($470,991)

($470,991)

TOTAL PUBLIC FUNDS

($469,491)

($469,491)

($469,491)

171. Tree Seedling Nursery

Appropriation (HB1027)

The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at

reasonable cost to Georgia landowners. The purpose will be measured by the number of tree seedlings sold.

TOTAL STATE FUNDS

($224,113)

($224,113)

($224,113)

State General Funds

($224,113)

($224,113)

($224,113)

TOTAL FEDERAL FUNDS

$70,000

$70,000

$70,000

Federal Funds Not Itemized

$70,000

$70,000

$70,000

TOTAL AGENCY FUNDS

$1,501,500

$1,501,500

$1,501,500

Royalties and Rents

$1,500

$1,500

$1,500

Royalties and Rents Not Itemized

$1,500

$1,500

$1,500

Sales and Services

$1,500,000

$1,500,000

$1,500,000

THURSDAY, MARCH 23, 2006

2717

Sales and Services Not Itemized

$1,500,000

$1,500,000

$1,500,000

TOTAL PUBLIC FUNDS

$1,347,387

$1,347,387

$1,347,387

Section 26: Governor, Office of the

Section Total - Continuation

TOTAL STATE FUNDS

$39,517,470

$39,517,470

$39,517,470

State General Funds

$39,517,470

$39,517,470

$39,517,470

TOTAL FEDERAL FUNDS

$5,603,227

$5,603,227

$5,603,227

Federal Funds Not Itemized

$5,603,227

$5,603,227

$5,603,227

TOTAL AGENCY FUNDS

$624,875

$624,875

$624,875

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

Sales and Services

$609,875

$609,875

$609,875

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$265,670

$265,670

$265,670

TOTAL PUBLIC FUNDS

$46,011,242

$46,011,242

$46,011,242

Section Total - Final

TOTAL STATE FUNDS

$42,028,724

$39,862,011

$40,826,593

State General Funds

$42,028,724

$39,862,011

$40,826,593

TOTAL FEDERAL FUNDS

$5,603,227

$5,603,227

$26,042,786

Federal Funds Not Itemized

$5,603,227

$5,603,227

$26,042,786

TOTAL AGENCY FUNDS

$624,875

$624,875

$799,079

Contributions, Donations, and Forfeitures

$15,000

$15,000

$37,080

Sales and Services

$609,875

$609,875

$615,056

Sanctions, Fines, and Penalties

$146,943

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$265,670

$265,670

$265,670

TOTAL PUBLIC FUNDS

$48,522,496

$46,355,783

$67,934,128

Governor's Emergency Fund

Continuation Budget

The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS

$3,469,576

$3,469,576

$3,469,576

State General Funds

$3,469,576

$3,469,576

$3,469,576

TOTAL PUBLIC FUNDS

$3,469,576

$3,469,576

$3,469,576

172. Governor's Emergency Fund

Appropriation (HB1027)

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands

on government.

2718

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$3,469,576

$3,469,576

$3,469,576

State General Funds

$3,469,576

$3,469,576

$3,469,576

TOTAL PUBLIC FUNDS

$3,469,576

$3,469,576

$3,469,576

Governor's Office

Continuation Budget

The purpose is to provide numerous duties including, but not limited to: granting commissions, appointments and

vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion

allowance shall be $40,000.

TOTAL STATE FUNDS

$5,056,367

$5,056,367

$5,056,367

State General Funds

$5,056,367

$5,056,367

$5,056,367

TOTAL PUBLIC FUNDS

$5,056,367

$5,056,367

$5,056,367

Statewide Changes

173.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$137,992

$137,992

$137,992

Changes in Operations / Administration

173.2 Provide funds for a gubernatorial transition as required by OCGA 45-12-195.

State General Funds

$50,000

$50,000

$50,000

173. Governor's Office

Appropriation (HB1027)

The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions,

appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies.

The Mansion allowance shall be $40,000.

TOTAL STATE FUNDS

$5,244,359

$5,244,359

$5,244,359

State General Funds

$5,244,359

$5,244,359

$5,244,359

TOTAL PUBLIC FUNDS

$5,244,359

$5,244,359

$5,244,359

Arts, Georgia Council for the

Continuation Budget

The purpose is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS

$3,900,546

$3,900,546

$3,900,546

State General Funds

$3,900,546

$3,900,546

$3,900,546

TOTAL FEDERAL FUNDS

$710,524

$710,524

$710,524

Federal Funds Not Itemized

$710,524

$710,524

$710,524

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

THURSDAY, MARCH 23, 2006

2719

Contributions, Donations, and Forfeitures Not Itemized

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$4,626,070

$4,626,070

$4,626,070

Statewide Changes

179.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$7,014

$7,014

$7,014

One-Time Expense

179.2 Provide one-time funding for a federally mandated strategic plan to preserve grant eligibility with the National

Endowment for the Arts.

State General Funds

$73,400

$73,400

$73,400

Changes in the Size of the Program

179.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$4,106

179. Arts, Georgia Council for the

Appropriation (HB1027)

The purpose of this appropriation is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS

$3,980,960

$3,980,960

$3,980,960

State General Funds

$3,980,960

$3,980,960

$3,980,960

TOTAL FEDERAL FUNDS

$710,524

$710,524

$714,630

Federal Funds Not Itemized

$710,524

$710,524

$714,630

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures

$15,000

$15,000

$15,000

Contributions, Donations, and Forfeitures Not Itemized

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$4,706,484

$4,706,484

$4,710,590

Child Advocate, Office of the

Continuation Budget

The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and

well-being of children.

TOTAL STATE FUNDS

$716,356

$716,356

$716,356

State General Funds

$716,356

$716,356

$716,356

TOTAL PUBLIC FUNDS

$716,356

$716,356

$716,356

Statewide Changes

180.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$22,820

$22,820

$22,820

2720

JOURNAL OF THE SENATE

Changes in the Size of the Program

180.2 Enhance funding to cover rising costs due to increasing statewide travel in the course of conducting agency core

functions throughout Georgia.

State General Funds

$1,522

$1,522

$1,522

180.3 Provide yearly maintenance on electronic document software.

State General Funds

$2,500

$2,500

$2,500

180.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$134,182

TOTAL PUBLIC FUNDS

$134,182

180. Child Advocate, Office of the

Appropriation (HB1027)

The purpose of this appropriation is to provide independent oversight of persons, organizations, and agencies responsible

for the protection and well-being of children.

TOTAL STATE FUNDS

$743,198

$743,198

$743,198

State General Funds

$743,198

$743,198

$743,198

TOTAL FEDERAL FUNDS

$134,182

Federal Funds Not Itemized

$134,182

TOTAL PUBLIC FUNDS

$743,198

$743,198

$877,380

Consumer Affairs, Governor's Office of

Continuation Budget

The Office of Consumer Affairs protects consumers and legitimate business enterprises from unfair and deceptive business

practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS

$3,287,352

$3,287,352

$3,287,352

State General Funds

$3,287,352

$3,287,352

$3,287,352

TOTAL AGENCY FUNDS

$417,019

$417,019

$417,019

Sales and Services

$417,019

$417,019

$417,019

Sales and Services Not Itemized

$417,019

$417,019

$417,019

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,670

$150,670

$150,670

Agency to Agency Contracts

$150,670

$150,670

$150,670

TOTAL PUBLIC FUNDS

$3,855,041

$3,855,041

$3,855,041

Statewide Changes

181.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$155,922

$155,922

$155,922

THURSDAY, MARCH 23, 2006

2721

Changes in the Size of the Program

181.2 Fund the continuing rental expense for the cool room server storage.

State General Funds

$5,000

$5,000

$5,000

181.3 Provide five positions and funding to implement a statewide customer service initiative to make services to citizens

faster, friendlier, and easier to access and to capture savings by reducing the cost of call centers and call handling.

State General Funds

$3,500,000

$2,000,000

$2,750,000

181.4 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$5,000

Sanctions, Fines, and Penalties Not Itemized

$146,943

TOTAL PUBLIC FUNDS

$151,943

181. Consumer Affairs, Governor's Office of

Appropriation (HB1027)

The Office of Consumer Affairs protects consumers and legitimate business enterprises from unfair and deceptive business

practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS

$6,948,274

$5,448,274

$6,198,274

State General Funds

$6,948,274

$5,448,274

$6,198,274

TOTAL AGENCY FUNDS

$417,019

$417,019

$568,962

Sales and Services

$417,019

$417,019

$422,019

Sales and Services Not Itemized

$417,019

$417,019

$422,019

Sanctions, Fines, and Penalties

$146,943

Sanctions, Fines, and Penalties Not Itemized

$146,943

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,670

$150,670

$150,670

Agency to Agency Contracts

$150,670

$150,670

$150,670

TOTAL PUBLIC FUNDS

$7,515,963

$6,015,963

$6,917,906

Emergency Management Agency, Georgia

Continuation Budget

The purpose is to provide a comprehensive and aggressive emergency preparedness, response, and recovery program for

the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters.

TOTAL STATE FUNDS

$1,989,168

$1,989,168

$1,989,168

State General Funds

$1,989,168

$1,989,168

$1,989,168

TOTAL FEDERAL FUNDS

$4,127,556

$4,127,556

$4,127,556

Federal Funds Not Itemized

$4,127,556

$4,127,556

$4,127,556

TOTAL AGENCY FUNDS

$192,856

$192,856

$192,856

2722

JOURNAL OF THE SENATE

Sales and Services

$192,856

$192,856

$192,856

Sales and Services Not Itemized

$192,856

$192,856

$192,856

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$115,000

$115,000

$115,000

Agency to Agency Contracts

$115,000

$115,000

$115,000

TOTAL PUBLIC FUNDS

$6,424,580

$6,424,580

$6,424,580

Statewide Changes

182.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$52,249

$52,249

$52,249

Changes in Operations / Administration

182.2 Reflect decrease in the position count due to the downsizing of the federal excess property program and the

elimination of 3 positions.

State General Funds

$0

$0

182.3 Provide additional funding for the Civil Air Patrol.

State General Funds

$71,400

$71,400

Changes in the Size of the Program

182.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$16,966,097

182. Emergency Management Agency, Georgia

Appropriation (HB1027)

The purpose of this appropriation is to provide a comprehensive and aggressive emergency preparedness, response, and

recovery program for the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters.

TOTAL STATE FUNDS

$2,041,417

$2,112,817

$2,112,817

State General Funds

$2,041,417

$2,112,817

$2,112,817

TOTAL FEDERAL FUNDS

$4,127,556

$4,127,556

$21,093,653

Federal Funds Not Itemized

$4,127,556

$4,127,556

$21,093,653

TOTAL AGENCY FUNDS

$192,856

$192,856

$192,856

Sales and Services

$192,856

$192,856

$192,856

Sales and Services Not Itemized

$192,856

$192,856

$192,856

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$115,000

$115,000

$115,000

Agency to Agency Contracts

$115,000

$115,000

$115,000

TOTAL PUBLIC FUNDS

$6,476,829

$6,548,229

$23,514,326

THURSDAY, MARCH 23, 2006

2723

Equal Opportunity, Georgia Commission on

Continuation Budget

The purpose is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act

which makes it unlawful for discrimination against any individual.

TOTAL STATE FUNDS

$695,707

$695,707

$695,707

State General Funds

$695,707

$695,707

$695,707

TOTAL FEDERAL FUNDS

$387,217

$387,217

$387,217

Federal Funds Not Itemized

$387,217

$387,217

$387,217

TOTAL PUBLIC FUNDS

$1,082,924

$1,082,924

$1,082,924

Statewide Changes

183.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$35,388

$35,388

$35,388

Changes in Operations / Administration

183.2 Decrease funding due to relocation of office space from Peachtree Center to the Floyd State Office Building.

State General Funds

($68,700)

($68,700)

($68,700)

Changes in the Size of the Program

183.3 Provide additional funding for a new position to handle housing and employment complaints.

State General Funds

$36,826

$0

$0

183.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$90,500

183. Equal Opportunity, Georgia Commission on

Appropriation (HB1027)

The purpose of this appropriation is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the

Fair Housing Act which makes it unlawful for discrimination against any individual.

TOTAL STATE FUNDS

$699,221

$662,395

$662,395

State General Funds

$699,221

$662,395

$662,395

TOTAL FEDERAL FUNDS

$387,217

$387,217

$477,717

Federal Funds Not Itemized

$387,217

$387,217

$477,717

TOTAL PUBLIC FUNDS

$1,086,438

$1,049,612

$1,140,112

Office of Homeland Security

Continuation Budget

Per Executive Order, the purpose is to lead and direct the preparation, employment and management of state resources to

safeguard Georgia and its citizens against threats or acts of terrorism and natural disasters.

TOTAL STATE FUNDS

$592,905

$592,905

$592,905

2724

JOURNAL OF THE SENATE

State General Funds

$592,905

$592,905

$592,905

TOTAL PUBLIC FUNDS

$592,905

$592,905

$592,905

Statewide Changes

184.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$17,764

$17,764

$17,764

Changes in How the Program is Funded

184.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$200

Changes in the Size of the Program

184.2 Reduce funds.

State General Funds

($105,000)

($105,000)

($105,000)

184. Office of Homeland Security

Appropriation (HB1027)

Per Executive Order, The purpose of this appropriation is to lead and direct the preparation, employment and management

of state resources to safeguard Georgia and its citizens against threats or acts of terrorism and natural disasters.

TOTAL STATE FUNDS

$505,669

$505,669

$505,669

State General Funds

$505,669

$505,669

$505,669

TOTAL FEDERAL FUNDS

$200

Federal Funds Not Itemized

$200

TOTAL PUBLIC FUNDS

$505,669

$505,669

$505,869

Office of the State Inspector General

Continuation Budget

Per Executive Order, the purpose is to foster and promote accountability and integrity in state government by investigating

and preventing fraud, waste and abuse.

TOTAL STATE FUNDS

$791,432

$791,432

$791,432

State General Funds

$791,432

$791,432

$791,432

TOTAL PUBLIC FUNDS

$791,432

$791,432

$791,432

Statewide Changes

185.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$23,382

$23,382

$23,382

One-Time Expense

185.2 Provide one-time funding for development of a prevention training program for state officials and employees.

State General Funds

$31,650

$31,650

$31,650

THURSDAY, MARCH 23, 2006

2725

Changes in the Size of the Program

185.3 Reduce expenses pertaining to the investigative functions of the office.

State General Funds

($15,828)

($15,828)

($15,828)

185. Office of the State Inspector General

Appropriation (HB1027)

Per Executive Order, The purpose of this appropriation is to foster and promote accountability and integrity in state

government by investigating and preventing fraud, waste and abuse.

TOTAL STATE FUNDS

$830,636

$830,636

$830,636

State General Funds

$830,636

$830,636

$830,636

TOTAL PUBLIC FUNDS

$830,636

$830,636

$830,636

Professional Standards Commission, Georgia

Continuation Budget

The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

TOTAL STATE FUNDS

$6,579,840

$6,579,840

$6,579,840

State General Funds

$6,579,840

$6,579,840

$6,579,840

TOTAL FEDERAL FUNDS

$111,930

$111,930

$111,930

Federal Funds Not Itemized

$111,930

$111,930

$111,930

TOTAL PUBLIC FUNDS

$6,691,770

$6,691,770

$6,691,770

Statewide Changes

186.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$196,166

$196,166

$196,166

Changes in the Size of the Program

186.2 Provide funds for one senior investigator position.

State General Funds

$78,485

$78,485

$78,485

186.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$3,057,996

Contributions, Donations, and Forfeitures Not Itemized

$22,080

Sales and Services Not Itemized

$181

TOTAL PUBLIC FUNDS

$3,080,257

186. Professional Standards Commission, Georgia

Appropriation (HB1027)

The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of

educators in Georgia.

TOTAL STATE FUNDS

$6,854,491

$6,854,491

$6,854,491

2726

JOURNAL OF THE SENATE

State General Funds

$6,854,491

$6,854,491

$6,854,491

TOTAL FEDERAL FUNDS

$111,930

$111,930

$3,169,926

Federal Funds Not Itemized

$111,930

$111,930

$3,169,926

TOTAL AGENCY FUNDS

$22,261

Contributions, Donations, and Forfeitures

$22,080

Contributions, Donations, and Forfeitures Not Itemized

$22,080

Sales and Services

$181

Sales and Services Not Itemized

$181

TOTAL PUBLIC FUNDS

$6,966,421

$6,966,421

$10,046,678

Student Achievement, Office of

Continuation Budget

The purpose is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS

$1,135,864

$1,135,864

$1,135,864

State General Funds

$1,135,864

$1,135,864

$1,135,864

TOTAL FEDERAL FUNDS

$266,000

$266,000

$266,000

Federal Funds Not Itemized

$266,000

$266,000

$266,000

TOTAL PUBLIC FUNDS

$1,401,864

$1,401,864

$1,401,864

Statewide Changes

187.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$27,512

$27,512

$27,512

Changes in Operations / Administration

187.2 Hire an audit position with current funds to evaluate why certain schools are not meeting student achievement

goals.

State General Funds

$0

$0

$0

187. Student Achievement, Office of

Appropriation (HB1027)

The purpose of this appropriation is to improve student achievement and school completion in Georgia.

TOTAL STATE FUNDS

$1,163,376

$1,163,376

$1,163,376

State General Funds

$1,163,376

$1,163,376

$1,163,376

TOTAL FEDERAL FUNDS

$266,000

$266,000

$266,000

Federal Funds Not Itemized

$266,000

$266,000

$266,000

TOTAL PUBLIC FUNDS

$1,429,376

$1,429,376

$1,429,376

THURSDAY, MARCH 23, 2006

2727

Planning and Budget, Governor's Office of

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

432.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$265,612

$265,612

$265,612

Changes in Operations / Administration

432.9 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget."

State General Funds

$11,302,357

$11,302,357

$11,302,357

One-Time Expense

432.2 Delete one-time funding for the Commission on New Georgia Human Resources Task Force.

State General Funds

($2,850,000)

($3,000,000)

($3,000,000)

Changes in the Size of the Program

432.3 Improve the effectiveness of agency programs and operations by re-establishing OPB's program evaluation

function by filling four vacancies and providing operating expenses in new program: Policy, Planning, and

Technical Support. (H:Use existing funds in the Program Budget and Policy Management Division)(S:Provide

funds for one Analyst I position and one Analyst II position)

State General Funds

$279,110

$0

$127,766

432.4 Provide funds to fill five vacant budget analysts positions. (H:Provide funds to fill four Analyst I positions and one

Analyst II position)

State General Funds

$346,835

$248,291

$248,291

432.5 Reduce consulting contracts for Military Affairs Coordinating Council.

State General Funds

($72,000)

($72,000)

($72,000)

432.6 Establish training function within OPB to train state agency staff in budget and performance management by

increasing funding for two additional positions. (H:Use existing funds in the Program Budget and Policy

Management Division)(S:Provide funds for one additional position)

State General Funds

$173,633

$0

$86,816

432.7 Provide for on-going maintenance and support of enterprise budgeting systems.

State General Funds

$102,000

$102,000

$102,000

432.8 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$186,478

2728

JOURNAL OF THE SENATE

432. Planning and Budget, Governor's Office of

Appropriation (HB1027)

TOTAL STATE FUNDS

$9,547,547

$8,846,260

$9,060,842

State General Funds

$9,547,547

$8,846,260

$9,060,842

TOTAL FEDERAL FUNDS

$186,478

Federal Funds Not Itemized

$186,478

TOTAL PUBLIC FUNDS

$9,547,547

$8,846,260

$9,247,320

Planning and Budget - Attached Agency Administration

Continuation Budget

The purpose is to provide administration services to various agencies.

TOTAL STATE FUNDS

$4,961,364

$4,961,364

$4,961,364

State General Funds

$4,961,364

$4,961,364

$4,961,364

TOTAL PUBLIC FUNDS

$4,961,364

$4,961,364

$4,961,364

Changes in Operations / Administration

952.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget."

State General Funds

($4,961,364)

($4,961,364)

($4,961,364)

Planning and Budget - Budget Management and Fiscal Policy

Continuation Budget

The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor.

TOTAL STATE FUNDS

$2,331,824

$2,331,824

$2,331,824

State General Funds

$2,331,824

$2,331,824

$2,331,824

TOTAL PUBLIC FUNDS

$2,331,824

$2,331,824

$2,331,824

Changes in Operations / Administration

953.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget."

State General Funds

($2,331,824)

($2,331,824)

($2,331,824)

Planning and Budget - Planning and Evaluation

Continuation Budget

The purpose is to provide capital budget planning and review and to provide strategic and business planning services to the

Office of the Governor.

TOTAL STATE FUNDS

$899,456

$899,456

$899,456

State General Funds

$899,456

$899,456

$899,456

TOTAL PUBLIC FUNDS

$899,456

$899,456

$899,456

Changes in Operations / Administration

954.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget."

State General Funds

($899,456)

($899,456)

($899,456)

THURSDAY, MARCH 23, 2006

2729

Planning and Budget - Research and Management

Continuation Budget

The purpose is to provide policy and program research for the Office of the Governor and to manage state Clearinghouse

function and provide the Office of Planning and Budget database and technical support.

TOTAL STATE FUNDS

$1,588,475

$1,588,475

$1,588,475

State General Funds

$1,588,475

$1,588,475

$1,588,475

TOTAL PUBLIC FUNDS

$1,588,475

$1,588,475

$1,588,475

Changes in Operations / Administration

955.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget."

State General Funds

($1,588,475)

($1,588,475)

($1,588,475)

Planning and Budget - Office Administration

Continuation Budget

The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state

agencies.

TOTAL STATE FUNDS

$1,521,238

$1,521,238

$1,521,238

State General Funds

$1,521,238

$1,521,238

$1,521,238

TOTAL PUBLIC FUNDS

$1,521,238

$1,521,238

$1,521,238

Changes in Operations / Administration

956.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget."

State General Funds

($1,521,238)

($1,521,238)

($1,521,238)

There is hereby appropriated to the Office of the Governor the sum of $400,000 of the moneys collected in accordance with

O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the office of the Consumer Affairs

for all the purposes for which such moneys may be appropriated pursuant to Article 28.

Section 27: Human Resources, Department

Section Total - Continuation

TOTAL STATE FUNDS

$1,372,277,952 $1,372,277,952 $1,372,277,952

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

State General Funds

$1,334,244,473 $1,334,244,473 $1,334,244,473

Tobacco Settlement Funds

$35,033,479

$35,033,479

$35,033,479

TOTAL FEDERAL FUNDS

$1,197,385,486 $1,197,385,486 $1,197,385,486

Child Care & Development Block Grant CFDA93.575

$52,106,949

$52,106,949

$52,106,949

CCDF Mandatory & Matching Funds CFDA93.596

$74,410,706

$74,410,706

$74,410,706

Community Mental Health Services Block Grant CFDA93.958

$12,840,422

$12,840,422

$12,840,422

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

2730

JOURNAL OF THE SENATE

Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778

$308,987,738 $41,354,292 $18,929,972 $17,348,033 $175,865,314 $50,960,435

$308,987,738 $41,354,292 $18,929,972 $17,348,033 $175,865,314 $50,960,435

$308,987,738 $41,354,292 $18,929,972 $17,348,033 $175,865,314 $50,960,435

$4,203,960

$4,203,960

$4,203,960

$55,368,733

$55,368,733

$55,368,733

$347,823,749 $347,823,749 $347,823,749

$20,000,000

$20,000,000

$20,000,000

$181,632,610 $181,632,610 $181,632,610

$20,000,000

$20,000,000

$20,000,000

$161,632,610 $161,632,610 $161,632,610

$6,030,541

$6,030,541

$6,030,541

$2,757,326,589 $2,757,326,589 $2,757,326,589
Section Total - Final

$1,413,695,132 $1,422,608,634 $1,419,502,836

$3,007,691

$3,000,000

$3,007,691

$1,382,119,302 $1,391,040,495 $1,387,927,006

$28,568,139

$28,568,139

$28,568,139

$1,260,647,133 $1,449,238,227 $1,710,573,711

$52,136,925

$52,136,925

$53,817,151

$74,410,706 $110,410,706 $132,529,040

$12,840,422

$12,840,422

$12,840,422

$17,189,251

$17,189,251

$17,189,251

$319,778,421 $369,990,024 $650,911,455

$50,264,804

$46,764,804

$47,964,804

$18,929,972

$18,929,972

$18,929,972

$17,348,033

$17,348,033

$17,348,033

$192,612,178 $198,856,332 $158,070,607

THURSDAY, MARCH 23, 2006

2731

Prevention & Treatment of Substance Abuse Block Grant

$50,960,435

$50,960,435

$50,960,435

CFDA93.959

Preventive Health & Health Services Block Grant CFDA93.991

$4,203,960

$4,203,960

$4,203,960

Social Services Block Grant CFDA 93.667

$50,485,333

$50,485,333

$50,485,333

Temporary Assistance for Needy Families

$351,827,160 $363,398,354 $354,528,378

Temporary Assistance for Needy Families Unobligated Balance

$47,659,533 $135,723,676 $140,794,870

TOTAL AGENCY FUNDS

$183,914,529 $183,914,529 $187,178,765

Contributions, Donations, and Forfeitures

$20,000,000

$20,000,000

$20,000,000

Sales and Services

$163,914,529 $163,914,529 $167,178,765

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$6,030,541

$6,030,541

$6,030,541

TOTAL PUBLIC FUNDS

$2,864,287,335 $3,061,791,931 $3,323,285,853

Adolescent and Adult Health Promotion

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

188.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$984,820

$839,385

$580,275

Changes to the Purpose or the Purpose Measure

188.2 SAC: The purpose of this appropriation is to provide education and services to promote the health and well being

of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and

prevention, and family planning services. The purpose will be measured by: the percentage of people who use

tobacco among a.)adults, b.)youth, c.) pregnant women; the pregnancy rate among adolescents ages 10-19 years;

and the rate of breast and cervical cancer screening services to low income or uninsured women.

House: The purpose of this appropriation is to provide education and services to promote health and well being of

Georgian. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and

prevention, and family planning services.

State General Funds

$0

$0

Changes in Operations / Administration

188.3 Create a new program by transferring funds and activities from "Adolescent Health & Youth Development",

"Laboratory Services", "Women's Health Services","Cancer Screening & Prevention", and "Tobacco Use

Prevention"(H and S:YES).

2732

JOURNAL OF THE SENATE

State General Funds

$14,323,394

$14,323,394

$14,323,394

Tobacco Settlement Funds

$4,874,988

$4,874,988

$4,874,988

Federal Funds Not Itemized

$6,207,725

$6,207,725

$6,207,725

Maternal & Child Health Services Block Grant CFDA93.994

$1,087,109

$1,087,109

$1,087,109

Medical Assistance Program CFDA93.778

$571,735

$571,735

$571,735

Preventive Health & Health Services Block Grant CFDA93.991

$41,694

$41,694

$41,694

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $20,596,897 $20,596,897 $20,596,897

TOTAL PUBLIC FUNDS

$47,703,542

$47,703,542

$47,703,542

Changes in How the Program is Funded

188.4 Transfer funds from previous services in the Tobacco Use Prevention sub-program to supplant State funds in the

Cancer Screening sub-program(S:NO).

State General Funds

($1,899,875)

$0

Tobacco Settlement Funds

$1,899,875

$0

TOTAL PUBLIC FUNDS

$0

$0

188.8 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,051,755

Changes in What Services are Offered

188.5 Provide funding for the Diabetic Care Coalition(S:Diabetes Care Coalition).

State General Funds

$250,000

$100,000

Changes in the Size of the Program

188.6 Eliminate the Tobacco Use Prevention sub-program except for $250,000 in media promotions to promote the

National Cancer Institute's Quitline with Tobacco funds(S:NO).

State General Funds

($61,159)

$0

Tobacco Settlement Funds

($1,899,875)

$0

TOTAL PUBLIC FUNDS

($1,961,034)

$0

188.7 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta,

Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on

population.

State General Funds

$100,000

$0

THURSDAY, MARCH 23, 2006

2733

188. Adolescent and Adult Health Promotion

Appropriation (HB1027)

The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians.

Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family

planning services. The purpose will be measured by: the percentage of people who use tobacco among a.)adults, b.)youth,

c.) pregnant women; the pregnancy rate among adolescents ages 10-19 years; and the rate of breast and cervical cancer

screening services to low income or uninsured women.

TOTAL STATE FUNDS

$20,183,202

$18,426,733

$19,878,657

State General Funds

$15,308,214

$13,551,745

$15,003,669

Tobacco Settlement Funds

$4,874,988

$4,874,988

$4,874,988

TOTAL FEDERAL FUNDS

$28,505,160

$28,505,160

$29,556,915

Federal Funds Not Itemized

$6,207,725

$6,207,725

$7,259,480

Maternal & Child Health Services Block Grant CFDA93.994

$1,087,109

$1,087,109

$1,087,109

Medical Assistance Program CFDA93.778

$571,735

$571,735

$571,735

Preventive Health & Health Services Block Grant CFDA93.991

$41,694

$41,694

$41,694

Temporary Assistance for Needy Families

$20,596,897

$20,596,897

$20,596,897

Temporary Assistance for Needy Families Block Grant CFDA

$20,596,897

$20,596,897

$20,596,897

93.558

TOTAL PUBLIC FUNDS

$48,688,362

$46,931,893

$49,435,572

Adoptions Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

189.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$44,659

$44,659

$44,659

Changes to the Purpose or the Purpose Measure

189.2 SAC: The purpose of this appropriation is to support and facilitate the safe permanent placement of children by

prescreening families and providing support and financial services after adoption. The purpose will be measured

by the average length of time, for a child in state custody, to exit state care into finalized adoption.

House: The purpose of this appropriation is to support and facilitate the safe permanent placement of children by

prescreening families and providing support and financial services after adoption.

State General Funds

$0

$0

2734

JOURNAL OF THE SENATE

Changes in Operations / Administration

189.4 Create a new program by transferring funds and activities from "Adoption Services & Supplements", "Post

Adoption Services" and, "Pre Adoption Services"

State General Funds

$33,258,201

$33,258,201

$33,258,201

Federal Funds Not Itemized

$24,070,544

$24,070,544

$24,070,544

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $4,300,000

$4,300,000

$4,300,000

Sales and Services Not Itemized

$561,732

$561,732

$561,732

TOTAL PUBLIC FUNDS

$62,190,477

$62,190,477

$62,190,477

Changes in How the Program is Funded

189.3 Recognize increase in federal match rate by adjusting state funds.

State General Funds

($348,668)

($348,668)

($348,668)

Changes in the Size of the Program

189.5 Increase funding for adoption assistance for two parent families.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$7,700,000

$7,700,000

189. Adoptions Services

Appropriation (HB1027)

The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening

families and providing support and financial services after adoption. The purpose will be measured by the average length

of time, for a child in state custody, to exit state care into finalized adoption.

TOTAL STATE FUNDS

$32,954,192

$32,954,192

$32,954,192

State General Funds

$32,954,192

$32,954,192

$32,954,192

TOTAL FEDERAL FUNDS

$28,370,544

$36,070,544

$36,070,544

Federal Funds Not Itemized

$24,070,544

$24,070,544

$24,070,544

Temporary Assistance for Needy Families

$4,300,000

$12,000,000

$12,000,000

Temporary Assistance for Needy Families Block Grant CFDA

$4,300,000

$12,000,000

$12,000,000

93.558

TOTAL AGENCY FUNDS

$561,732

$561,732

$561,732

Sales and Services

$561,732

$561,732

$561,732

Sales and Services Not Itemized

$561,732

$561,732

$561,732

TOTAL PUBLIC FUNDS

$61,886,468

$69,586,468

$69,586,468

Adult Addictive Diseases Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

THURSDAY, MARCH 23, 2006

2735

State General Funds

$0

$0

$0

Statewide Changes

190.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$9,210,777

$0

$1,069,318

Changes to the Purpose or the Purpose Measure

190.2 SAC: The purpose of this appropriation is to provide services to adults for the safe withdrawal from abused

substances and promote a transition to productive living. The purpose will be measured by: the percentage of

consumers with addictive diseases who are effectively treated; and the percentage of clients referred by other state

agencies that are treated.

House: The purpose of this appropriation is to provide services to adults for the safe withdrawal from abused

substances and promote a transition to productive living.

State General Funds

$0

$0

Changes in Operations / Administration

190.3 Create a new program by transferring funds and activities from "Community Services - Adult"(H and S:YES).

State General Funds

$41,766,783

$41,766,783

$41,766,783

Prevention & Treatment of Substance Abuse Block Grant

$26,315,435

$26,315,435

$26,315,435

CFDA93.959

TOTAL PUBLIC FUNDS

$68,082,218

$68,082,218

$68,082,218

Changes in What Services are Offered

190.4 Provide funds for provider training and treatment services to 200 methamphetamine-addicted adults with children.

State General Funds

$1,000,000

$1,000,000

$1,000,000

Changes in the Size of the Program

190.5 Funding for the operation of the Emanuel Regional Detoxification Center

State General Funds

$240,000

190. Adult Addictive Diseases Services

Appropriation (HB1027)

The purpose of this appropriation is to provide services to adults for the safe withdrawal from abused substances and

promote a transition to productive living. The purpose will be measured by: the percentage of consumers with addictive

diseases who are effectively treated; and the percentage of clients referred by other state agencies that are treated.

TOTAL STATE FUNDS

$51,977,560

$42,766,783

$44,076,101

State General Funds

$51,977,560

$42,766,783

$44,076,101

TOTAL FEDERAL FUNDS

$26,315,435

$26,315,435

$26,315,435

2736

JOURNAL OF THE SENATE

Prevention & Treatment of Substance Abuse Block Grant

$26,315,435

$26,315,435

$26,315,435

CFDA93.959

TOTAL PUBLIC FUNDS

$78,292,995

$69,082,218

$70,391,536

Adult Developmental Disabilities Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

191.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$2,100,000

$4,751,916

Changes to the Purpose or the Purpose Measure

191.11 SAC: The purpose of this appropriation is to provide evaluation, residential, support, and education services to

promote independence for adults with developmental disabilities.

House: The purpose of this appropriation is to provide evaluation, residential, support, and education services to

promote independence for adults with developmental disabilities.

State General Funds

$0

$0

Changes in Operations / Administration

191.2 Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital.

State General Funds

($2,100,000)

($2,100,000)

($2,100,000)

191.3 Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List.

State General Funds

$2,648,987

$2,648,987

$2,648,987

Medical Assistance Program CFDA93.778

$4,229,713

$4,229,713

$4,229,713

TOTAL PUBLIC FUNDS

$6,878,700

$6,878,700

$6,878,700

191.4 Create a new program by transferring funds and activities from "Community Services - Adult" and "State Hospital

Facilities - Other Care"(H and S:YES).

State General Funds

$160,201,125 $160,201,125 $160,201,125

Tobacco Settlement Funds

$10,255,138

$10,255,138

$10,255,138

Federal Funds Not Itemized

$161,867

$161,867

$161,867

Medical Assistance Program CFDA93.778

$17,873,979

$17,873,979

$17,873,979

Social Services Block Grant CFDA 93.667

$30,636,459

$30,636,459

$30,636,459

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $27,016,392 $27,016,392 $27,016,392

TANF Transfers to Social Services Block Grant

$3,487,988

$3,487,988

$3,487,988

THURSDAY, MARCH 23, 2006

2737

Sales and Services Not Itemized

$53,767,732

$53,767,732

$53,767,732

TOTAL PUBLIC FUNDS

$303,400,680 $303,400,680 $303,400,680

191.5 Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided

by the Department of Community Health.

State General Funds

($500,519)

($500,519)

One-Time Expense

191.12 Provide funds for Rockdale Cares.

State General Funds

$50,000

Changes in How the Program is Funded

191.6 Recognize increase in federal match rate by adjusting state funds.

State General Funds

($500,000)

($500,000)

($500,000)

Changes in What Services are Offered

191.10 Coordinate dental hygienist programs at technical schools to provide services to consumers with developmental

disabilities. Contract outside the agency for coordination services.

State General Funds

$50,000

Changes in the Size of the Program

191.7 Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List(H:Add

750 slots with 9 months funding to bring total funding to 1,500 slots)(S:House position but 6 months funding. See

item 191.9 and 199.11 for an additional 12 months funding for 1,500 slots).

State General Funds

$5,277,697

$9,993,472

$9,619,528

Medical Assistance Program CFDA93.778

$5,745,727

$10,879,705

$12,218,453

TOTAL PUBLIC FUNDS

$11,023,424

$20,873,177

$21,837,981

191.8 Transfer to Child and Adolescent Developmental Disabilities.

TANF Transfers to Social Services Block Grant

($3,487,988)

($3,487,988)

191.9 Provide 12 month funding for 1,500 slots for consumers on the Mental Retardation/Developmental Disabilities

waiting list. This initiative, combined with items 191.7 and 199.5, brings the total number of new slots to 3,000.

(S:Offset $24,147,199 state funds cost with funds previously used to cover the deficit for state hospitals).

State General Funds

$0

191. Adult Developmental Disabilities Services

Appropriation (HB1027)

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote

independence for adults with developmental disabilities.

2738

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$175,782,947 $182,098,203 $184,476,175

State General Funds

$165,527,809 $171,843,065 $174,221,037

Tobacco Settlement Funds

$10,255,138

$10,255,138

$10,255,138

TOTAL FEDERAL FUNDS

$89,152,125

$90,798,115

$92,136,863

Federal Funds Not Itemized

$161,867

$161,867

$161,867

Medical Assistance Program CFDA93.778

$27,849,419

$32,983,397

$34,322,145

Social Services Block Grant CFDA 93.667

$30,636,459

$30,636,459

$30,636,459

Temporary Assistance for Needy Families

$30,504,380

$27,016,392

$27,016,392

Temporary Assistance for Needy Families Block Grant CFDA

$27,016,392

$27,016,392

$27,016,392

93.558

TANF Transfers to Social Services Block Grant

$3,487,988

TOTAL AGENCY FUNDS

$53,767,732

$53,767,732

$53,767,732

Sales and Services

$53,767,732

$53,767,732

$53,767,732

Sales and Services Not Itemized

$53,767,732

$53,767,732

$53,767,732

TOTAL PUBLIC FUNDS

$318,702,804 $326,664,050 $330,380,770

Adult Essential Health Treatment Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

192.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,326,449

$890,279

$75,328

Changes to the Purpose or the Purpose Measure

192.2 SAC: The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer,

Georgians at risk of stroke or heart attacks, and refugees. The purpose will be measured by: the number of

uninsured cancer patients who are at or below 200% FPL that are treated; and the percentage of those eligible

that receive refugee health services.

House: The purpose of this appropriation is to provide treatment and services to low income Georgians with

cancer, Georgians at risk of stroke or heart attacks, and refugees.

State General Funds

$0

$0

Changes in Operations / Administration

THURSDAY, MARCH 23, 2006

2739

192.3 Create a new program by transferring funds and activities from "Chronic Disease Treatment & Control" and

"Refugee Health Program" (H and S:YES).

State General Funds

$7,992,535

$7,992,535

$7,992,535

Tobacco Settlement Funds

$3,547,455

$3,547,455

$3,547,455

Federal Funds Not Itemized

$118,690

$118,690

$118,690

Preventive Health & Health Services Block Grant CFDA93.991

$1,210,877

$1,210,877

$1,210,877

TOTAL PUBLIC FUNDS

$12,869,557

$12,869,557

$12,869,557

One-Time Expense

192.6 Increase funding to purchase factor concentrate for people with hemophilia who lack health insurance, Medicaid,

or Medicare.

State General Funds

$100,000

$200,000

Changes in How the Program is Funded

192.7 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$407,993

TOTAL PUBLIC FUNDS

$407,993

Changes in the Size of the Program

192.4 Provide funding for Cancer State Aid to treat low-income, uninsured or underinsured patients with survivable

cancers.

Tobacco Settlement Funds

$1,452,545

$1,452,545

$1,452,545

192.5 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta,

Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on

population.

State General Funds

$100,000

$0

192. Adult Essential Health Treatment Services

Appropriation (HB1027)

The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, Georgians at

risk of stroke or heart attacks, and refugees. The purpose will be measured by: the number of uninsured cancer patients

who are at or below 200% FPL that are treated; and the percentage of those eligible that receive refugee health services.

TOTAL STATE FUNDS

$14,318,984

$14,082,814

$13,267,863

State General Funds

$9,318,984

$9,082,814

$8,267,863

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

TOTAL FEDERAL FUNDS

$1,329,567

$1,329,567

$1,737,560

2740

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$118,690

$118,690

$526,683

Preventive Health & Health Services Block Grant CFDA93.991

$1,210,877

$1,210,877

$1,210,877

TOTAL PUBLIC FUNDS

$15,648,551

$15,412,381

$15,005,423

Adult Forensic Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

193.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$7,110,777

$504,926

Changes to the Purpose or the Purpose Measure

193.2 SAC: The purpose of this appropriation is to provide evaluation, treatment and residential services to adult clients

referred by Georgia's criminal justice or corrections system.

House: The purpose of this appropriation is to provide evaluation, treatment and residential services to adult

clients referred by Georgia's criminal justice or corrections system.

State General Funds

$0

$0

Changes in Operations / Administration

193.3 Create a new program by transferring funds and activities from "State Hospital Facilities"(H and S:YES).

State General Funds

$25,665,915

$25,665,915

$25,665,915

Federal Funds Not Itemized

$1,115,408

$1,115,408

$1,115,408

TOTAL PUBLIC FUNDS

$26,781,323

$26,781,323

$26,781,323

193. Adult Forensic Services

Appropriation (HB1027)

The purpose of this appropriation is to provide evaluation, treatment and residential services to adult clients referred by

Georgia's criminal justice or corrections system.

TOTAL STATE FUNDS

$25,665,915

$32,776,692

$26,170,841

State General Funds

$25,665,915

$32,776,692

$26,170,841

TOTAL FEDERAL FUNDS

$1,115,408

$1,115,408

$1,115,408

Federal Funds Not Itemized

$1,115,408

$1,115,408

$1,115,408

TOTAL PUBLIC FUNDS

$26,781,323

$33,892,100

$27,286,249

Adult Mental Health Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

THURSDAY, MARCH 23, 2006

2741

Statewide Changes

194.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$2,884,617

Changes to the Purpose or the Purpose Measure

194.10 SAC: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential

services to adults with mental illness.

House: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential

services to adults with mental illness.

State General Funds

$0

$0

Changes in Operations / Administration

194.2 Transfer from the Administration program to adjust Georgia Technology Authority rate funding.

State General Funds

$399,881

$399,881

$399,881

194.3 Create a new program by transferring funds and activities from "Community Services - Adult" and "State Hospital

Facilities"(H and S:YES).

State General Funds

$174,319,232 $174,319,232 $174,319,232

Community Mental Health Services Block Grant CFDA93.958

$7,474,598

$7,474,598

$7,474,598

Federal Funds Not Itemized

$4,605,116

$4,605,116

$4,605,116

Sales and Services Not Itemized

$2,935,696

$2,935,696

$2,935,696

TOTAL PUBLIC FUNDS

$189,334,642 $189,334,642 $189,334,642

194.4 Evaluate all state mental health hospitals and begin planning for the privatization of at least one facility.(H and

S:YES).

State General Funds

$0

$0

One-Time Expense

194.8 Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital

through the following strategies:

a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital (Rome) by October 1, 2006

b. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006

c. Transfer 40 forensic beds to Georgia Regional Hospital (Savannah) by June 15, 2007

d. Provide community forensic transition services by establishing a 6-bed community integration home by

February 1, 2007

e. Provide court ordered community placement for 35 forensic consumers by June 1, 2007;

2742

JOURNAL OF THE SENATE

f. Transfer 35 adult mental health consumers to the community by March 1, 2007;

g. Transfer administration of 8 adolescent transition beds to Southwestern State Hospital (Thomasville).

State General Funds

$1,600,643

$1,600,643

$1,600,643

194.9 Add one-time funding to support the new building project for the Savannah Area Behavioral Health Collaborative.

State General Funds

$50,000

$500,000

Changes in the Size of the Program

194.5 Transfer state funds to the Department of Community Health's Low Income Medicaid program to implement

Georgia Healthy Families which serves Medicaid clients that receive mental health services.

State General Funds

($17,910,517) ($17,910,517) ($17,910,517)

194.6 Provide funds for one adult crisis stabilization unit so that consumers can be served in the community rather than

at a state hospital.

State General Funds

$1,523,479

$1,523,479

$1,523,479

Medical Assistance Program CFDA93.778

$250,000

$250,000

$250,000

TOTAL PUBLIC FUNDS

$1,773,479

$1,773,479

$1,773,479

194.7 Provide for case management and other support services for adult mental health and addictive disease consumers

being treated in the community.

State General Funds

$1,530,000

$427,000

$1,530,000

Medical Assistance Program CFDA93.778

$459,000

$98,210

$459,000

TOTAL PUBLIC FUNDS

$1,989,000

$525,210

$1,989,000

194. Adult Mental Health Services

Appropriation (HB1027)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults

with mental illness.

TOTAL STATE FUNDS

$161,462,718 $160,409,718 $164,847,335

State General Funds

$161,462,718 $160,409,718 $164,847,335

TOTAL FEDERAL FUNDS

$12,788,714

$12,427,924

$12,788,714

Community Mental Health Services Block Grant CFDA93.958

$7,474,598

$7,474,598

$7,474,598

Federal Funds Not Itemized

$4,605,116

$4,605,116

$4,605,116

Medical Assistance Program CFDA93.778

$709,000

$348,210

$709,000

TOTAL AGENCY FUNDS

$2,935,696

$2,935,696

$2,935,696

Sales and Services

$2,935,696

$2,935,696

$2,935,696

Sales and Services Not Itemized

$2,935,696

$2,935,696

$2,935,696

THURSDAY, MARCH 23, 2006

2743

TOTAL PUBLIC FUNDS

$177,187,128 $175,773,338 $180,571,745

Adult Nursing Home Services

Continuation Budget

The purpose is to provide education and health promotion related to intentional and unintentional injuries.

TOTAL STATE FUNDS

$1,495,494

$1,495,494

$1,495,494

State General Funds

$1,495,494

$1,495,494

$1,495,494

TOTAL FEDERAL FUNDS

$14,551

$14,551

$14,551

Federal Funds Not Itemized

$14,551

$14,551

$14,551

TOTAL AGENCY FUNDS

$1,547,240

$1,547,240

$1,547,240

Sales and Services

$1,547,240

$1,547,240

$1,547,240

Sales and Services Not Itemized

$1,547,240

$1,547,240

$1,547,240

TOTAL PUBLIC FUNDS

$3,057,285

$3,057,285

$3,057,285

Changes to the Purpose or the Purpose Measure

195.1 SAC: The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental

retardation or developmental disabilities.

House: The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental

retardation or developmental disabilities.

State General Funds

$0

$0

Changes in Operations / Administration

195.2 Transfer funds and activities to create the program "Adult Services" (G:YES)(H and S:NO, Rename program

"Adult Nursing Home Services").

State General Funds

$0

$0

$0

Changes in Where or When the Services are Offered

195.3 Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center.

State General Funds

($1,349,123)

($1,349,123)

($1,349,123)

Sales and Services Not Itemized

$0

$0

$0

TOTAL PUBLIC FUNDS

($1,349,123)

($1,349,123)

($1,349,123)

195. Adult Nursing Home Services

Appropriation (HB1027)

The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or

developmental disabilities.

TOTAL STATE FUNDS

$146,371

$146,371

$146,371

State General Funds

$146,371

$146,371

$146,371

2744

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$14,551

$14,551

$14,551

Federal Funds Not Itemized

$14,551

$14,551

$14,551

TOTAL AGENCY FUNDS

$1,547,240

$1,547,240

$1,547,240

Sales and Services

$1,547,240

$1,547,240

$1,547,240

Sales and Services Not Itemized

$1,547,240

$1,547,240

$1,547,240

TOTAL PUBLIC FUNDS

$1,708,162

$1,708,162

$1,708,162

After School Care

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

196.1 SAC: The purpose of this appropriation is to expand the provision of after school care services and draw down

TANF maintenance of effort funds. The purpose will be measured by the amount of maintenance of effort money

drawn down by after school care programs.

House: The purpose of this appropriation is to expand the provision of after school care services and draw down

TANF maintenance of effort funds.

State General Funds

$0

$0

Changes in Operations / Administration

196.2 Create a new program by transferring funds and activities from "Child Care & Parent Services"(H and S:YES).

State General Funds

$4,000,000

$4,000,000

$4,000,000

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $10,000,000 $10,000,000 $10,000,000

TOTAL PUBLIC FUNDS

$14,000,000

$14,000,000

$14,000,000

Changes in How the Program is Funded

196.3 Transfer Maintenance of Effort money collected for after school care programs from Support for Needy Families-

Basic Assistance.

TANF Maintenance-of-Effort from External Sources

$20,000,000

196. After School Care

Appropriation (HB1027)

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF

maintenance of effort funds. The purpose will be measured by the amount of maintenance of effort money drawn down by

after school care programs.

TOTAL STATE FUNDS

$4,000,000

$4,000,000

$4,000,000

State General Funds

$4,000,000

$4,000,000

$4,000,000

THURSDAY, MARCH 23, 2006

2745

TOTAL FEDERAL FUNDS

$10,000,000

$10,000,000

$10,000,000

Temporary Assistance for Needy Families

$10,000,000

$10,000,000

$10,000,000

Temporary Assistance for Needy Families Block Grant CFDA

$10,000,000

$10,000,000

$10,000,000

93.558

TOTAL AGENCY FUNDS

$20,000,000

Contributions, Donations, and Forfeitures

$20,000,000

TANF Maintenance-of-Effort from External Sources

$20,000,000

TOTAL PUBLIC FUNDS

$14,000,000

$14,000,000

$34,000,000

Child and Adolescent Addictive Diseases Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

198.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,612,337

$0

$378,352

Changes to the Purpose or the Purpose Measure

198.2 SAC: The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal

from abused substances and promote a transition to productive living. The purpose will be measured by: the

percentage of consumers with addictive diseases who are effectively treated; and by the percentage of clients

referred by other state agencies that are treated.

House: The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal

from abused substances and promote a transition to productive living.

State General Funds

$0

$0

Changes in Operations / Administration

198.3 Create a new program by transferring funds and activities from "Community Services - Child & Adolescent"(H

and S:YES).

State General Funds

$9,232,387

$9,232,387

$9,232,387

Prevention & Treatment of Substance Abuse Block Grant

$14,452,912

$14,452,912

$14,452,912

CFDA93.959

TOTAL PUBLIC FUNDS

$23,685,299

$23,685,299

$23,685,299

Changes in How the Program is Funded

198.4 Add funds to properly reflect operating budget represented in HB1026.

2746

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$2,486,456

TOTAL PUBLIC FUNDS

$2,486,456

198. Child and Adolescent Addictive Diseases Services

Appropriation (HB1027)

The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused

substances and promote a transition to productive living. The purpose will be measured by: the percentage of consumers

with addictive diseases who are effectively treated; and by the percentage of clients referred by other state agencies that are

treated.

TOTAL STATE FUNDS

$10,844,724

$9,232,387

$9,610,739

State General Funds

$10,844,724

$9,232,387

$9,610,739

TOTAL FEDERAL FUNDS

$14,452,912

$14,452,912

$16,939,368

Federal Funds Not Itemized

$2,486,456

Prevention & Treatment of Substance Abuse Block Grant

$14,452,912

$14,452,912

$14,452,912

CFDA93.959

TOTAL PUBLIC FUNDS

$25,297,636

$23,685,299

$26,550,107

Child and Adolescent Developmental Disabilities

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

199.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$223,008

Changes to the Purpose or the Purpose Measure

199.12 SAC: The purpose of this appropriation is to provide evaluation, residential, support, and education services to

promote independence for children and adolescents with developmental disabilities.

House: The purpose of this appropriation is to provide evaluation, residential, support, and education services to

promote independence for children and adolescents with developmental disabilities.

State General Funds

$0

$0

Changes in Operations / Administration

199.2 Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List.

State General Funds

$548,430

$548,430

$548,430

Medical Assistance Program CFDA93.778

$875,693

$875,693

$875,693

TOTAL PUBLIC FUNDS

$1,424,123

$1,424,123

$1,424,123

THURSDAY, MARCH 23, 2006

2747

199.3 Create a new program by transferring funds and activities from "Community Services - Child & Adolescent"(H

and S:YES).

State General Funds

$8,694,426

$8,694,426

$8,694,426

Medical Assistance Program CFDA93.778

$3,131,597

$3,131,597

$3,131,597

TOTAL PUBLIC FUNDS

$11,826,023

$11,826,023

$11,826,023

199.4 Recognize efficiencies through the implementation of an ASO provided by the Department of Community Health.

State General Funds

($94,319)

($94,319)

Changes in the Size of the Program

199.5 Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List(H:Add

750 slots with 9 months funding to bring total funding to 1,500 slots)(S:House position but 6 months funding. See

item 191.9 and 199.11 for an additional 12 months funding for 1,500 slots).

State General Funds

$1,080,974

$2,046,857

$1,970,266

Medical Assistance Program CFDA93.778

$1,176,835

$2,228,374

$2,502,576

TOTAL PUBLIC FUNDS

$2,257,809

$4,275,231

$4,472,842

199.6 Transfer the American Association of Adapted Sports Program contract from the Department of Labor's Roosevelt

Warm Springs Institute program.

State General Funds

$284,069

$284,069

$284,069

199.7 Provide additional funding for the American Association of Adapted Sports program to expand services statewide.

State General Funds

$250,000

$0

199.8 Provide additional funding for the Marcus Institute to serve children with disabilities.

State General Funds

$2,000,000

$500,000

199.9 Provide additional funding for the Matthew Reardon Center to serve children with disabilities.

State General Funds

$100,000

$100,000

199.10 Transfer money from Adult Developmental Disabilities.

TANF Transfers to Social Services Block Grant

$3,487,988

$3,487,988

199.11 Provide 12 month funding for 1,500 slots for consumers on the Mental Retardation/Developmental Disabilities

waiting list. This initiative, combined with items 191.7 and 199.5, brings the total number of new slots to 3,000.

(S:Offset $24,147,199 state funds cost with funds previously used to cover the deficit for state hospitals).

State General Funds

$0

2748

JOURNAL OF THE SENATE

199. Child and Adolescent Developmental Disabilities

Appropriation (HB1027)

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote

independence for children and adolescents with developmental disabilities.

TOTAL STATE FUNDS

$10,607,899

$13,829,463

$12,225,880

State General Funds

$10,607,899

$13,829,463

$12,225,880

TOTAL FEDERAL FUNDS

$5,184,125

$9,723,652

$9,997,854

Medical Assistance Program CFDA93.778

$5,184,125

$6,235,664

$6,509,866

Temporary Assistance for Needy Families

$3,487,988

$3,487,988

TANF Transfers to Social Services Block Grant

$3,487,988

$3,487,988

TOTAL PUBLIC FUNDS

$15,792,024

$23,553,115

$22,223,734

Child and Adolescent Forensic Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

200.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$164,797

$986,473

Changes to the Purpose or the Purpose Measure

200.6 SAC: The purpose of this appropriation is to provide evaluation, treatment and residential services to children and

adolescents clients referred by Georgia's criminal justice or corrections system.

House: The purpose of this appropriation is to provide evaluation, treatment and residential services to children

and adolescents clients referred by Georgia's criminal justice or corrections system.

State General Funds

$0

$0

Changes in Operations / Administration

200.2 Transfer from the Administration program to adjust Georgia Technology Authority rate funding.

State General Funds

$93,507

$93,507

$93,507

200.3 Create a new program by transferring funds and activities from "Outdoor Therapeutic"(H and S:YES).

State General Funds

$1,789,534

$1,789,534

$1,789,534

Agency to Agency Contracts

$937,587

$937,587

$937,587

TOTAL PUBLIC FUNDS

$2,727,121

$2,727,121

$2,727,121

THURSDAY, MARCH 23, 2006

2749

Changes in Where or When the Services are Offered

200.4 Provide a savings by transferring 19 mentally retarded and seriously emotionally disturbed child and adolescent

consumers from Northwest Georgia Regional Hospital.

State General Funds

($1,002,687)

($1,002,687)

($1,002,687)

Changes in the Size of the Program

200.5 Provide nine months funding to expand child and adolescent crisis stabilization services(H:Designate one CSU at

Gwinnett, Rockdale, and Newton CSB)(S:No designation).

State General Funds

$3,774,000

$3,774,000

$3,774,000

Medical Assistance Program CFDA93.778

$276,000

$276,000

$276,000

TOTAL PUBLIC FUNDS

$4,050,000

$4,050,000

$4,050,000

200. Child and Adolescent Forensic Services

Appropriation (HB1027)

The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents

clients referred by Georgia's criminal justice or corrections system.

TOTAL STATE FUNDS

$4,654,354

$4,819,151

$5,640,827

State General Funds

$4,654,354

$4,819,151

$5,640,827

TOTAL FEDERAL FUNDS

$276,000

$276,000

$276,000

Medical Assistance Program CFDA93.778

$276,000

$276,000

$276,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$937,587

$937,587

$937,587

Agency to Agency Contracts

$937,587

$937,587

$937,587

TOTAL PUBLIC FUNDS

$5,867,941

$6,032,738

$6,854,414

Child and Adolescent Mental Health Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

201.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,447,540

$24,504

Changes to the Purpose or the Purpose Measure

201.2 SAC: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential

services to children and adolescents with mental illness.

House: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential

services to children and adolescents with mental illness.

2750

JOURNAL OF THE SENATE

State General Funds

$0

$0

Changes in Operations / Administration

201.3 Create a new program by transferring funds and activities from "Community Services - Child & Adolescent",

"Outdoor Therapeutic" and, "State Hospital Facilities - Other Care"(H and S:YES).

State General Funds

$64,730,241

$64,730,241

$64,730,241

Community Mental Health Services Block Grant CFDA93.958

$5,365,824

$5,365,824

$5,365,824

Medical Assistance Program CFDA93.778

$3,105

$3,105

$3,105

TOTAL PUBLIC FUNDS

$70,099,170

$70,099,170

$70,099,170

201. Child and Adolescent Mental Health Services

Appropriation (HB1027)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to

children and adolescents with mental illness.

TOTAL STATE FUNDS

$64,730,241

$66,177,781

$64,754,745

State General Funds

$64,730,241

$66,177,781

$64,754,745

TOTAL FEDERAL FUNDS

$5,368,929

$5,368,929

$5,368,929

Community Mental Health Services Block Grant CFDA93.958

$5,365,824

$5,365,824

$5,365,824

Medical Assistance Program CFDA93.778

$3,105

$3,105

$3,105

TOTAL PUBLIC FUNDS

$70,099,170

$71,546,710

$70,123,674

Child Care Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

202.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,119,613

$142,728

Changes to the Purpose or the Purpose Measure

202.5 SAC: The purpose of this appropriation is to permit low income families to be self-reliant while protecting the

safety and well-being of their children by ensuring access to child care. The purpose will be measured by the

percentage of children who meet the maximum federal income eligibility requirements for subsidies that receive

subsidies.

House: The purpose of this appropriation is to permit low income families to be self-reliant while protecting the

safety and well-being of their children by ensuring access to child care.

State General Funds

$0

$0

THURSDAY, MARCH 23, 2006

2751

Changes in Operations / Administration

202.2 Create a new program by transferring funds and activities from "Child Care & Parent Services"(H and S:YES).

State General Funds

$57,805,665

$57,805,665

$57,805,665

Child Care & Development Block Grant CFDA93.575

$52,106,949

$52,106,949

$52,106,949

CCDF Mandatory & Matching Funds CFDA93.596

$32,580,082

$32,580,082

$32,580,082

Social Services Block Grant CFDA 93.667

$90

$90

$90

TANF Transfers to Child Care Development Fund

$29,700,000

$29,700,000

$29,700,000

Sales and Services Not Itemized

$832,728

$832,728

$832,728

TOTAL PUBLIC FUNDS

$173,025,514 $173,025,514 $173,025,514

Changes in How the Program is Funded

202.3 Supplant funds.

Federal Funds Not Itemized

$0

$29,700,000

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$29,700,000

$0

TANF Transfers to Child Care Development Fund

($29,700,000) ($29,700,000)

TOTAL PUBLIC FUNDS

$0

$0

202.6 Reflect $21,919,354 in base budget transfers of CCDF block grant funds to the Department of Early Care and

Learning.

Child Care & Development Block Grant CFDA93.575

$0

Changes in the Size of the Program

202.4 Increase CCDF funding to improve child care rate reimbursement and the number of children served(S:Reflect

actual operating budget-no net change to reimbursement or number of children served).

Child Care & Development Block Grant CFDA93.575

$0

$1,680,226

CCDF Mandatory & Matching Funds CFDA93.596

$36,000,000

$58,118,334

TOTAL PUBLIC FUNDS

$36,000,000

$59,798,560

202. Child Care Services

Appropriation (HB1027)

The purpose of this appropriation is to permit low income families to be self-reliant while protecting the safety and well-

being of their children by ensuring access to child care. The purpose will be measured by the percentage of children who

meet the maximum federal income eligibility requirements for subsidies that receive subsidies.

TOTAL STATE FUNDS

$57,805,665

$58,925,278

$57,948,393

State General Funds

$57,805,665

$58,925,278

$57,948,393

TOTAL FEDERAL FUNDS

$114,387,121 $150,387,121 $174,185,681

2752

JOURNAL OF THE SENATE

Child Care & Development Block Grant CFDA93.575

$52,106,949

$52,106,949

$53,787,175

CCDF Mandatory & Matching Funds CFDA93.596

$32,580,082

$68,580,082

$90,698,416

Federal Funds Not Itemized

$29,700,000

Social Services Block Grant CFDA 93.667

$90

$90

$90

Temporary Assistance for Needy Families

$29,700,000

$29,700,000

Temporary Assistance for Needy Families Block Grant CFDA

$29,700,000

93.558

TANF Transfers to Child Care Development Fund

$29,700,000

TOTAL AGENCY FUNDS

$832,728

$832,728

$832,728

Sales and Services

$832,728

$832,728

$832,728

Sales and Services Not Itemized

$832,728

$832,728

$832,728

TOTAL PUBLIC FUNDS

$173,025,514 $210,145,127 $232,966,802

Child Fatality Review Panel

Continuation Budget

The purpose is to provide a confidential forum for local child fatality review committees to determine manner and cause of

death and if the death was preventable.

TOTAL STATE FUNDS

$334,562

$334,562

$334,562

State General Funds

$334,562

$334,562

$334,562

TOTAL PUBLIC FUNDS

$334,562

$334,562

$334,562

Statewide Changes

203.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$4,270

$4,270

$4,270

203. Child Fatality Review Panel

Appropriation (HB1027)

The purpose of this appropriation is to provide a confidential forum for local child fatality review committees to determine

manner and cause of death and if the death was preventable.

TOTAL STATE FUNDS

$338,832

$338,832

$338,832

State General Funds

$338,832

$338,832

$338,832

TOTAL PUBLIC FUNDS

$338,832

$338,832

$338,832

Child Support Services

Continuation Budget

The purpose is to enforce parental responsibility by paying financial support.

TOTAL STATE FUNDS

$15,508,672

$15,508,672

$15,508,672

State General Funds

$15,508,672

$15,508,672

$15,508,672

THURSDAY, MARCH 23, 2006

2753

TOTAL FEDERAL FUNDS

$52,008,171

$52,008,171

$52,008,171

Federal Funds Not Itemized

$51,888,171

$51,888,171

$51,888,171

Social Services Block Grant CFDA 93.667

$120,000

$120,000

$120,000

TOTAL AGENCY FUNDS

$300,000

$300,000

$300,000

Sales and Services

$300,000

$300,000

$300,000

Sales and Services Not Itemized

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$67,816,843

$67,816,843

$67,816,843

Statewide Changes

204.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$274,208

$274,208

$274,208

Changes to the Purpose or the Purpose Measure

204.2 SAC: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial

support. The purpose will be measured by the percentage of cases that have ordered support that receive payment.

House: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying

financial support.

State General Funds

$0

$0

Changes in Operations / Administration

204.3 Reduce administrative costs(S:No contracts with District Attorneys are to be reduced).

State General Funds

($200,000)

($200,000)

($200,000)

Federal Funds Not Itemized

($388,235)

($388,235)

($388,235)

TOTAL PUBLIC FUNDS

($588,235)

($588,235)

($588,235)

204.4 Transfer funds and activities to create the programs "Child Support Services" and "Fatherhood Initiative"

(G:YES)(H and S:NO, Rename program "Child Support Services").

State General Funds

$0

$0

$0

204. Child Support Services

Appropriation (HB1027)

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. The

purpose will be measured by the percentage of cases that have ordered support that receive payment.

TOTAL STATE FUNDS

$15,582,880

$15,582,880

$15,582,880

State General Funds

$15,582,880

$15,582,880

$15,582,880

TOTAL FEDERAL FUNDS

$51,619,936

$51,619,936

$51,619,936

Federal Funds Not Itemized

$51,499,936

$51,499,936

$51,499,936

2754

JOURNAL OF THE SENATE

Social Services Block Grant CFDA 93.667

$120,000

$120,000

$120,000

TOTAL AGENCY FUNDS

$300,000

$300,000

$300,000

Sales and Services

$300,000

$300,000

$300,000

Sales and Services Not Itemized

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$67,502,816

$67,502,816

$67,502,816

Child Welfare Services

Continuation Budget

The purpose of this statewide program investigates allegations of child abuse and neglect; and provides services to protect

the child and strengthen the family.

TOTAL STATE FUNDS

$60,124,883

$60,124,883

$60,124,883

State General Funds

$58,055,835

$58,055,835

$58,055,835

Tobacco Settlement Funds

$2,069,048

$2,069,048

$2,069,048

TOTAL FEDERAL FUNDS

$156,710,324 $156,710,324 $156,710,324

CCDF Mandatory & Matching Funds CFDA93.596

$41,829,844

$41,829,844

$41,829,844

Federal Funds Not Itemized

$25,645,690

$25,645,690

$25,645,690

Foster Care Title IV-E CFDA93.658

$13,431,881

$13,431,881

$13,431,881

Social Services Block Grant CFDA 93.667

$5,018,743

$5,018,743

$5,018,743

Temporary Assistance for Needy Families

$70,784,166

$70,784,166

$70,784,166

Temporary Assistance for Needy Families Block Grant CFDA

$50,669,658

$50,669,658

$50,669,658

93.558

TANF Transfers to Social Services Block Grant

$20,114,508

$20,114,508

$20,114,508

TOTAL AGENCY FUNDS

$13,490,604

$13,490,604

$13,490,604

Sales and Services

$13,490,604

$13,490,604

$13,490,604

Sales and Services Not Itemized

$13,490,604

$13,490,604

$13,490,604

TOTAL PUBLIC FUNDS

$230,325,811 $230,325,811 $230,325,811

Statewide Changes

205.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$449,638

$449,638

$449,638

Changes to the Purpose or the Purpose Measure

205.2 SAC: The purpose of this appropriation is to investigate allegations of child abuse, abandonment and neglect and

to provide services to protect the child and strengthen the family. The purpose will be measured statewide by: the

percentage of children with a reported case of maltreatment during the first six of the previous twelve months who

THURSDAY, MARCH 23, 2006

2755

have one or more additional reported cases of maltreatment within the second six of the previous twelve months;

by the percentage of all investigations of reported abuse or neglect that are completed within the time frames

specified in the Social Services manual; and by the percentage of families with open child protective services cases

who are required to receive substance abuse treatment as a condition of having the open CPS case closed, who

receive treatment.

House: The purpose of this appropriation is to investigate allegations of child abuse, abandonment and neglect and

to provide services to protect the child and strengthen the family.

State General Funds

$0

$0

Changes in Operations / Administration

205.3 Realize efficiencies through the consolidation of DFCS county management and eliminate 60 positions through

attrition.

State General Funds

($1,503,900)

($1,503,900)

($1,503,900)

Federal Funds Not Itemized

($300,417)

($300,417)

($300,417)

Foster Care Title IV-E CFDA93.658

($355,174)

($355,174)

($355,174)

Medical Assistance Program CFDA93.778

$0

$0

$0

Social Services Block Grant CFDA 93.667

($354,576)

($354,576)

($354,576)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($485,933)

($485,933)

($485,933)

Temporary Assistance for Needy Families Unobligated Balance

$0

$0

$0

TOTAL PUBLIC FUNDS

($3,000,000)

($3,000,000)

($3,000,000)

205.4 Remove funding(S:In line with Departmental TANF plan. See item 205.13 for offset. Net add is $3,685,492).

TANF Transfers to Social Services Block Grant

($6,100,000) ($20,114,508)

205.5 Rename the program "Child Welfare Services" (G,H and S:YES).

State General Funds

$0

$0

$0

One-Time Expense

205.6 Increase funding for child welfare diversion.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$2,000,000

$0

Changes in How the Program is Funded

205.7 Replace tobacco funds with state general funds.

State General Funds

$2,069,048

$2,069,048

$2,069,048

Tobacco Settlement Funds

($2,069,048)

($2,069,048)

($2,069,048)

TOTAL PUBLIC FUNDS

$0

$0

$0

2756

JOURNAL OF THE SENATE

205.8 Annualize the cost of 500 additional Child Protective Services caseworkers added in the FY2006 budget.

State General Funds

$4,437,525

$4,437,525

$4,437,525

Foster Care Title IV-E CFDA93.658

$4,951,975

$4,951,975

$4,951,975

TOTAL PUBLIC FUNDS

$9,389,500

$9,389,500

$9,389,500

205.9 Recognize increase in federal match rate by adjusting state funds.

State General Funds

($335,972)

($335,972)

($335,972)

Changes in the Size of the Program

205.10 Increase funds for Court Appointed Special Advocates to assist an additional 1,000 abused or neglected children in

juvenile court deprivation proceedings.

State General Funds

$0

$0

$0

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$280,000

$280,000

$280,000

TOTAL PUBLIC FUNDS

$280,000

$280,000

$280,000

205.11 Provide funds for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase

prosecutions of perpetrators(S:Fund through the Children's Trust Fund Commission-Item 234.3).

State General Funds

$0

$0

$0

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$250,000

$250,000

$0

TOTAL PUBLIC FUNDS

$250,000

$250,000

$0

205.12 Reduce contracts and operating costs.

State General Funds

($31,718)

($31,718)

($31,718)

205.13 Increase funding to counties for Child Protective Services work activities.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$23,800,000

$23,800,000

205.14 Increase funding for the prevention of unnecessary placement services(S:See item 231.7).

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$4,000,000

$0

205.15 Add funding to support CPS intake activities for non Title IV-E eligible families.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$1,500,000

205. Child Welfare Services

Appropriation (HB1027)

The purpose of this appropriation is to investigate allegations of child abuse, abandonment and neglect and to provide

services to protect the child and strengthen the family. The purpose will be measured statewide by: the percentage of

children with a reported case of maltreatment during the first six of the previous twelve months who have one or more

additional reported cases of maltreatment within the second six of the previous twelve months; by the percentage of all

investigations of reported abuse or neglect that are completed within the time frames specified in the Social Services

THURSDAY, MARCH 23, 2006

2757

manual; and by the percentage of families with open child protective services cases who are required to receive substance

abuse treatment as a condition of having the open CPS case closed, who receive treatment.

TOTAL STATE FUNDS

$63,140,456

$63,140,456

$63,140,456

State General Funds

$63,140,456

$63,140,456

$63,140,456

TOTAL FEDERAL FUNDS

$160,696,199 $184,396,199 $165,631,691

CCDF Mandatory & Matching Funds CFDA93.596

$41,829,844

$41,829,844

$41,829,844

Federal Funds Not Itemized

$25,345,273

$25,345,273

$25,345,273

Foster Care Title IV-E CFDA93.658

$18,028,682

$18,028,682

$18,028,682

Social Services Block Grant CFDA 93.667

$4,664,167

$4,664,167

$4,664,167

Temporary Assistance for Needy Families

$70,828,233

$94,528,233

$75,763,725

Temporary Assistance for Needy Families Block Grant CFDA

$50,713,725

$80,513,725

$75,763,725

93.558

TANF Transfers to Social Services Block Grant

$20,114,508

$14,014,508

TOTAL AGENCY FUNDS

$13,490,604

$13,490,604

$13,490,604

Sales and Services

$13,490,604

$13,490,604

$13,490,604

Sales and Services Not Itemized

$13,490,604

$13,490,604

$13,490,604

TOTAL PUBLIC FUNDS

$237,327,259 $261,027,259 $242,262,751

Departmental Administration

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

206.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$19,168,743

$19,168,743

$19,168,743

Child Care & Development Block Grant CFDA93.575

$29,976

$29,976

$29,976

Community Services Block Grant CFDA93.569

$4,068

$4,068

$4,068

Federal Funds Not Itemized

$6,480,269

$6,480,269

$6,480,269

Medical Assistance Program CFDA93.778

$2,983,208

$2,983,208

$2,983,208

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,605,843

$1,605,843

$0

TOTAL PUBLIC FUNDS

$30,272,107

$30,272,107

$28,666,264

Changes to the Purpose or the Purpose Measure

2758

JOURNAL OF THE SENATE

206.2 SAC: The purpose of this appropriation is to provide administration and support for the Divisions and Operating

Office. The purpose will be measured by the ratio of the administration budget to the budget of the agency.

House: The purpose of this appropriation is to provide administration and support for the Divisions and Operating

Office.

State General Funds

$0

$0

Changes in Operations / Administration

206.3 Reduce administrative expenses(S:No service contracts are to be cut).

State General Funds

($1,242,777)

($1,242,778)

($1,242,778)

206.4 Reduce Information Technology equipment purchases.

State General Funds

($500,000)

($500,000)

($500,000)

206.5 Transfer to Adult Services and Child Services to adjust Georgia Technology Authority rate funding.

State General Funds

($493,388)

($493,388)

($493,388)

206.6 Create a new program by transferring funds and activities from "Departmental Administration", "Contracted

Client Transportation Services," and, "Laboratory Services"(H and S:YES).

State General Funds

$89,424,800

$89,424,800

$89,424,800

Tobacco Settlement Funds

$331,340

$331,340

$331,340

Federal Funds Not Itemized

$6,744,245

$6,744,245

$6,744,245

Low-Income Home Energy Assistance CFDA93.568

$346,557

$346,557

$346,557

Medical Assistance Program CFDA93.778

$67,960,097

$67,960,097

$67,960,097

Preventive Health & Health Services Block Grant CFDA93.991

$31,070

$31,070

$31,070

Social Services Block Grant CFDA 93.667

$9,952,472

$9,952,472

$9,952,472

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $18,070,552 $18,070,552 $18,070,552

Sales and Services Not Itemized

$5,872,044

$5,872,044

$5,872,044

TOTAL PUBLIC FUNDS

$198,733,177 $198,733,177 $198,733,177

206.7 Increase funding for computer system costs.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$1,400,000

$0

206.8 Increase TANF funding for administration costs(S:Bring to SFY 2005 cost levels)

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$10,900,000

$3,600,000

206.9 Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula,

and salaries of its employees(H and S:YES).

State General Funds

$0

$0

THURSDAY, MARCH 23, 2006

2759

206.17 Provide funding for the relocation of the Bryan, Gordon, Banks, and Randolph County DFCS facilities.

State General Funds

$200,000

Foster Care Title IV-E CFDA93.658

$200,000

TOTAL PUBLIC FUNDS

$400,000

One-Time Expense

206.10 Funds for the Statewide Automated Child Welfare Information System.

State General Funds

$3,500,000

$0

$1,000,000

Foster Care Title IV-E CFDA93.658

$3,500,000

$0

$1,000,000

TOTAL PUBLIC FUNDS

$7,000,000

$0

$2,000,000

206.11 Funds to update SUCCESS for TANF reauthorization.

State General Funds

$700,000

$700,000

$700,000

Federal Funds Not Itemized

$391,000

$391,000

$391,000

Medical Assistance Program CFDA93.778

$471,070

$471,070

$471,070

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$837,930

$837,930

$837,930

TOTAL PUBLIC FUNDS

$2,400,000

$2,400,000

$2,400,000

206.12 Use existing funds to develop a business continuity and disaster recovery security standard for statewide

department applications (G, H and S:YES).

State General Funds

$0

$0

$0

206.18 Redirect $2,625,267 in surplus funding to cover expenses related to Hurricane Katrina. This funding will be

removed in SFY2008.

State General Funds

$0

Changes in How the Program is Funded

206.13 Replace county funds previously contributed for the cost of the Electronic Benefit Transfer (EBT) card services.

State General Funds

$2,200,000

$2,200,000

$2,200,000

Federal Funds Not Itemized

$65,633

$65,633

$65,633

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$290,104

$290,104

$290,104

Temporary Assistance for Needy Families Unobligated Balance

$0

$0

$0

Sales and Services Not Itemized

$0

$0

$0

TOTAL PUBLIC FUNDS

$2,555,737

$2,555,737

$2,555,737

206.14 Replace tobacco funds with state general funds.

State General Funds

$9,356

$9,356

$9,356

2760

JOURNAL OF THE SENATE

Tobacco Settlement Funds

($9,356)

($9,356)

($9,356)

TOTAL PUBLIC FUNDS

$0

$0

$0

206.19 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$48,075,885

Medical Assistance Program CFDA93.778

($42,759,465)

Sales and Services Not Itemized

$3,264,236

TOTAL PUBLIC FUNDS

$8,580,656

206.20 Reflect Social Service Block Grant Unobligated usage by refinancing with Social Service Block Grant.

Federal Funds Not Itemized

$4,528,824

$4,448,824

$4,448,824

Social Services Block Grant CFDA 93.667

($4,528,824)

($4,448,824)

($4,448,824)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

206.15 Reduce contracts.

State General Funds

($221,077)

($1,843,282)

($1,843,282)

206.16 Reduce funding.

Social Services Block Grant CFDA 93.667

($80,000)

($80,000)

206. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. The

purpose will be measured by the ratio of the administration budget to the budget of the agency.

TOTAL STATE FUNDS

$112,867,641 $107,745,435 $108,945,435

State General Funds

$112,545,657 $107,423,451 $108,623,451

Tobacco Settlement Funds

$321,984

$321,984

$321,984

TOTAL FEDERAL FUNDS

$119,764,094 $128,484,094 $124,694,671

Child Care & Development Block Grant CFDA93.575

$29,976

$29,976

$29,976

Community Services Block Grant CFDA93.569

$4,068

$4,068

$4,068

Federal Funds Not Itemized

$18,209,971

$18,129,971

$66,205,856

Foster Care Title IV-E CFDA93.658

$3,500,000

$1,200,000

Low-Income Home Energy Assistance CFDA93.568

$346,557

$346,557

$346,557

Medical Assistance Program CFDA93.778

$71,414,375

$71,414,375

$28,654,910

Preventive Health & Health Services Block Grant CFDA93.991

$31,070

$31,070

$31,070

Social Services Block Grant CFDA 93.667

$5,423,648

$5,423,648

$5,423,648

THURSDAY, MARCH 23, 2006

2761

Temporary Assistance for Needy Families

$20,804,429

$33,104,429

$22,798,586

Temporary Assistance for Needy Families Block Grant CFDA

$20,804,429

$33,104,429

$22,798,586

93.558

TOTAL AGENCY FUNDS

$5,872,044

$5,872,044

$9,136,280

Sales and Services

$5,872,044

$5,872,044

$9,136,280

Sales and Services Not Itemized

$5,872,044

$5,872,044

$9,136,280

TOTAL PUBLIC FUNDS

$238,503,779 $242,101,573 $242,776,386

Direct Care and Support Services

Continuation Budget

The purpose is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS

$94,448,798

$94,448,798

$94,448,798

State General Funds

$94,448,798

$94,448,798

$94,448,798

TOTAL FEDERAL FUNDS

$6,120,300

$6,120,300

$6,120,300

Federal Funds Not Itemized

$6,120,300

$6,120,300

$6,120,300

TOTAL AGENCY FUNDS

$42,343,798

$42,343,798

$42,343,798

Sales and Services

$42,343,798

$42,343,798

$42,343,798

Sales and Services Not Itemized

$42,343,798

$42,343,798

$42,343,798

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,092,954

$5,092,954

$5,092,954

Agency to Agency Contracts

$5,092,954

$5,092,954

$5,092,954

TOTAL PUBLIC FUNDS

$148,005,850 $148,005,850 $148,005,850

Statewide Changes

207.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,947,332

$1,947,332

$1,947,332

Changes to the Purpose or the Purpose Measure

207.2 SAC: The purpose of this appropriation is to provide facility support services and direct patient support therapies.

House: The purpose of this appropriation is to provide facility support services and direct patient support

therapies.

State General Funds

$0

$0

Changes in Operations / Administration

207.3 Rename the program "Direct Care and Support Services" (G,H and S:YES).

State General Funds

$0

$0

$0

Changes in Where or When the Services are Offered

2762

JOURNAL OF THE SENATE

207.4 Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center.

State General Funds

($150,877)

($150,877)

($150,877)

One-Time Expense

207.5 Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital

through the following strategies:

a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital (Rome) by October 1, 2006

b. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006

c. Transfer 40 forensic beds to Georgia Regional Hospital (Savannah) by June 15, 2007

d. Provide community forensic transition services by establishing a 6-bed community integration home by

February 1, 2007

e. Provide court ordered community placement for 35 forensic consumers by June 1, 2007;

f. Transfer 35 adult mental health consumers to the community by March 1, 2007;

g. Transfer administration of 8 adolescent transition beds to Southwestern State Hospital (Thomasville).

State General Funds

$1,462,203

$1,462,204

$1,462,204

207. Direct Care and Support Services

Appropriation (HB1027)

The purpose of this appropriation is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS

$97,707,456

$97,707,457

$97,707,457

State General Funds

$97,707,456

$97,707,457

$97,707,457

TOTAL FEDERAL FUNDS

$6,120,300

$6,120,300

$6,120,300

Federal Funds Not Itemized

$6,120,300

$6,120,300

$6,120,300

TOTAL AGENCY FUNDS

$42,343,798

$42,343,798

$42,343,798

Sales and Services

$42,343,798

$42,343,798

$42,343,798

Sales and Services Not Itemized

$42,343,798

$42,343,798

$42,343,798

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,092,954

$5,092,954

$5,092,954

Agency to Agency Contracts

$5,092,954

$5,092,954

$5,092,954

TOTAL PUBLIC FUNDS

$151,264,508 $151,264,509 $151,264,509

Elder Abuse Investigations and Prevention

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

208.1 GTA, GBA, WC, COLA, SHBP and Annualizer

THURSDAY, MARCH 23, 2006

2763

State General Funds

$174,801

$174,801

$174,801

Changes to the Purpose or the Purpose Measure

208.2 SAC: The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation

and neglect, and investigate situations where it might have occurred. The purpose will be measured by the number

of repeat substantiated domestic violence abuse, neglect, or exploitation of elderly Georgians.

House: The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation

and neglect, and investigate situations where it might have occurred.

State General Funds

$0

$0

Changes in Operations / Administration

208.3 Transfer funds and activities from "Adult Protective Services", "Elder Abuse and Fraud Prevention" and, "Home

and Community Based Services".(H and S:YES).

State General Funds

$8,171,437

$8,171,437

$8,171,437

Federal Funds Not Itemized

$566,695

$566,695

$566,695

Medical Assistance Program CFDA93.778

$4,178,063

$4,178,063

$4,178,063

Social Services Block Grant CFDA 93.667

$2,279,539

$2,279,539

$2,279,539

TOTAL PUBLIC FUNDS

$15,195,734

$15,195,734

$15,195,734

Changes in How the Program is Funded

208.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$56,575

208. Elder Abuse Investigations and Prevention

Appropriation (HB1027)

The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and

investigate situations where it might have occurred. The purpose will be measured by the number of repeat substantiated

domestic violence abuse, neglect, or exploitation of elderly Georgians.

TOTAL STATE FUNDS

$8,346,238

$8,346,238

$8,346,238

State General Funds

$8,346,238

$8,346,238

$8,346,238

TOTAL FEDERAL FUNDS

$7,024,297

$7,024,297

$7,080,872

Federal Funds Not Itemized

$566,695

$566,695

$623,270

Medical Assistance Program CFDA93.778

$4,178,063

$4,178,063

$4,178,063

Social Services Block Grant CFDA 93.667

$2,279,539

$2,279,539

$2,279,539

TOTAL PUBLIC FUNDS

$15,370,535

$15,370,535

$15,427,110

2764

JOURNAL OF THE SENATE

Elder Community Living Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

209.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$13,456

Changes to the Purpose or the Purpose Measure

209.6 SAC: The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of

remaining in their own communities.

House: The purpose of this appropriation is to provide Georgians who need nursing home level of care the option

of remaining in their own communities.

State General Funds

$0

$0

Changes in Operations / Administration

209.2 Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided

by the Department of Community Health.

State General Funds

($130,574)

($130,574)

209.3 Transfer funds and activities from "Community Care Services Program" and "Home and Community Based

Services". (H and S:YES).

State General Funds

$65,584,616

$65,584,616

$65,584,616

Tobacco Settlement Funds

$5,465,745

$5,465,745

$5,465,745

Federal Funds Not Itemized

$19,829,293

$19,829,293

$19,829,293

Medical Assistance Program CFDA93.778

$9,894,353

$9,894,353

$9,894,353

Social Services Block Grant CFDA 93.667

$3,761,430

$3,761,430

$3,761,430

TOTAL PUBLIC FUNDS

$104,535,437 $104,535,437 $104,535,437

Changes in How the Program is Funded

209.4 Recognize increase in federal match rate by adjusting state funds.

State General Funds

($28,865)

($28,865)

($28,865)

Changes in the Size of the Program

209.5 Provide funds for an additional 500 slots for eligible elderly clients which will provide services that will enable

them to continue to live at home(H:Add 500 additional slots for a total of 1000 slots)(S:House position).

State General Funds

$1,446,132

$3,615,330

$3,615,330

THURSDAY, MARCH 23, 2006

2765

Medical Assistance Program CFDA93.778

$279,618

$699,045

$699,045

TOTAL PUBLIC FUNDS

$1,725,750

$4,314,375

$4,314,375

209. Elder Community Living Services

Appropriation (HB1027)

The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in

their own communities.

TOTAL STATE FUNDS

$72,467,628

$74,506,252

$74,519,708

State General Funds

$67,001,883

$69,040,507

$69,053,963

Tobacco Settlement Funds

$5,465,745

$5,465,745

$5,465,745

TOTAL FEDERAL FUNDS

$33,764,694

$34,184,121

$34,184,121

Federal Funds Not Itemized

$19,829,293

$19,829,293

$19,829,293

Medical Assistance Program CFDA93.778

$10,173,971

$10,593,398

$10,593,398

Social Services Block Grant CFDA 93.667

$3,761,430

$3,761,430

$3,761,430

TOTAL PUBLIC FUNDS

$106,232,322 $108,690,373 $108,703,829

Elder Support Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

210.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$14,551

$14,551

$1,095

Changes to the Purpose or the Purpose Measure

210.2 SAC: The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and

communities, by providing health, employment, nutrition, and other support and education services.

House: The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and

communities, by providing health, employment, nutrition, and other support and education services.

State General Funds

$0

$0

Changes in Operations / Administration

210.3 Transfer funds and activities from "Health Promotion and Disease Prevention (Wellness)" and "Home and

Community Based Services"(H and S:YES).

Tobacco Settlement Funds

$2,534,647

$2,534,647

$2,534,647

Federal Funds Not Itemized

$5,470,220

$5,470,220

$5,470,220

TOTAL PUBLIC FUNDS

$8,004,867

$8,004,867

$8,004,867

2766

JOURNAL OF THE SENATE

210.4 Improve customer service by expanding the Division of Aging Services' information, screening, and assistance

(Gateway) operation to include service to individuals with developmental disabilities.

State General Funds

$1,300,000

$0

One-Time Expense

210.5 Provide one-time funding for construction and the expansion of the Ruth Byck Adult Day Care in Savannah, GA.

State General Funds

$50,000

$50,000

Changes in the Size of the Program

210.6 Provide additional funding for Naturally Occurring Retirement Communities (NORC)(S:$250,000 in base brings

total funding to $375,000).

State General Funds

$125,000

$125,000

210. Elder Support Services

Appropriation (HB1027)

The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by

providing health, employment, nutrition, and other support and education services.

TOTAL STATE FUNDS

$2,549,198

$4,024,198

$2,710,742

State General Funds

$14,551

$1,489,551

$176,095

Tobacco Settlement Funds

$2,534,647

$2,534,647

$2,534,647

TOTAL FEDERAL FUNDS

$5,470,220

$5,470,220

$5,470,220

Federal Funds Not Itemized

$5,470,220

$5,470,220

$5,470,220

TOTAL PUBLIC FUNDS

$8,019,418

$9,494,418

$8,180,962

Eligibility Determination

Continuation Budget

The purpose is to promote access to health care for low income families, children, and pregnant women.

TOTAL STATE FUNDS

$25,683,414

$25,683,414

$25,683,414

State General Funds

$25,683,414

$25,683,414

$25,683,414

TOTAL FEDERAL FUNDS

$22,668,459

$22,668,459

$22,668,459

Medical Assistance Program CFDA93.778

$22,668,459

$22,668,459

$22,668,459

TOTAL AGENCY FUNDS

$1,709,341

$1,709,341

$1,709,341

Sales and Services

$1,709,341

$1,709,341

$1,709,341

Sales and Services Not Itemized

$1,709,341

$1,709,341

$1,709,341

TOTAL PUBLIC FUNDS

$50,061,214

$50,061,214

$50,061,214

Statewide Changes

THURSDAY, MARCH 23, 2006

2767

211.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds Changes to the Purpose or the Purpose Measure

$244,630

211.2 SAC: The purpose of this appropriation is to promote access to health care for low income families, children,

pregnant women and persons who are aged, blind or disabled. The purpose will be measured by the percentage of

accurate eligibility decisions made over the standard of promptness due to caseworker or agency delay.

House: The purpose of this appropriation is to promote access to health care for low income families, children,

pregnant women and persons who are aged, blind or disabled."

State General Funds

$0

$0

Changes in Operations / Administration

211.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO, Rename

"Eligibility Determination").

State General Funds

$0

$0

$0

211. Eligibility Determination

Appropriation (HB1027)

The purpose of this appropriation is to promote access to health care for low income families, children, pregnant women

and persons who are aged, blind or disabled. The purpose will be measured by the percentage of accurate eligibility

decisions made over the standard of promptness due to caseworker or agency delay.

TOTAL STATE FUNDS

$25,683,414

$25,683,414

$25,928,044

State General Funds

$25,683,414

$25,683,414

$25,928,044

TOTAL FEDERAL FUNDS

$22,668,459

$22,668,459

$22,668,459

Medical Assistance Program CFDA93.778

$22,668,459

$22,668,459

$22,668,459

TOTAL AGENCY FUNDS

$1,709,341

$1,709,341

$1,709,341

Sales and Services

$1,709,341

$1,709,341

$1,709,341

Sales and Services Not Itemized

$1,709,341

$1,709,341

$1,709,341

TOTAL PUBLIC FUNDS

$50,061,214

$50,061,214

$50,305,844

Emergency Preparedness / Trauma System Improvement

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

2768

JOURNAL OF THE SENATE

212.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$43,204

$43,204

$43,204

Changes to the Purpose or the Purpose Measure

212.2 SAC: The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as

well as improving the capacity of the state's trauma system. The purpose will be measured by the percentage of

trauma patients cared for at designated trauma centers.

House: The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies

as well as improving the capacity of the state's trauma system.

State General Funds

$0

$0

Changes in Operations / Administration

212.3 Transfer funds and activities from "Emergency Preparedness/Bioterrorism" and "Regulatory Compliance"(H and

S:YES).

State General Funds

$4,798,557

$4,798,557

$4,798,557

Preventive Health & Health Services Block Grant CFDA93.991

$1,147,504

$1,147,504

$1,147,504

TOTAL PUBLIC FUNDS

$5,946,061

$5,946,061

$5,946,061

Changes in How the Program is Funded

212.6 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$30,779,504

TOTAL PUBLIC FUNDS

$30,779,504

Changes in the Size of the Program

212.4 Initiate trauma care funding to subsidize designated trauma centers uncompensated care costs for the provision of

direct patient care to victims of traumatic injuries. Funding allocation should be pooled based on designations: a.)

Level I Centers receiving 55% of initial funding, b.) Level II Centers receiving 38% of initial funding, c.) Pediatric

Centers receiving 5% of initial funding, and d.) Level III Centers receiving 2% of initial funding (S:Add one

operating room to the total number of Certificate of Need permitted operating rooms for each Level One Trauma

Center)

State General Funds

$0

$4,000,000

$0

212.5 Provide funds to the American Red Cross to recruit, train, and, outfit volunteers.

State General Funds

$100,000

THURSDAY, MARCH 23, 2006

2769

212. Emergency Preparedness / Trauma System

Appropriation (HB1027)

The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as

improving the capacity of the state's trauma system. The purpose will be measured by the percentage of trauma patients

cared for at designated trauma centers.

TOTAL STATE FUNDS

$4,841,761

$8,841,761

$4,941,761

State General Funds

$4,841,761

$8,841,761

$4,941,761

TOTAL FEDERAL FUNDS

$1,147,504

$1,147,504

$31,927,008

Federal Funds Not Itemized

$30,779,504

Preventive Health & Health Services Block Grant CFDA93.991

$1,147,504

$1,147,504

$1,147,504

TOTAL PUBLIC FUNDS

$5,989,265

$9,989,265

$36,868,769

Energy Assistance

Continuation Budget

The purpose is to assist low-income households in meeting their immediate home energy needs.

TOTAL STATE FUNDS

$747,816

$747,816

$747,816

State General Funds

$747,816

$747,816

$747,816

TOTAL FEDERAL FUNDS

$18,583,415

$18,583,415

$18,583,415

Low-Income Home Energy Assistance CFDA93.568

$18,583,415

$18,583,415

$18,583,415

TOTAL AGENCY FUNDS

$40,269

$40,269

$40,269

Sales and Services

$40,269

$40,269

$40,269

Sales and Services Not Itemized

$40,269

$40,269

$40,269

TOTAL PUBLIC FUNDS

$19,371,500

$19,371,500

$19,371,500

Changes to the Purpose or the Purpose Measure

213.1 SAC: The purpose of this appropriation is to assist low-income households in meeting their immediate home

energy needs. The purpose will be measured by the percentage of those eligible that receive energy assistance.

House: The purpose of this appropriation is to assist low-income households in meeting their immediate home

energy needs.

State General Funds

$0

$0

Changes in Operations / Administration

213.2 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO).

State General Funds

$0

$0

$0

2770

JOURNAL OF THE SENATE

213. Energy Assistance

Appropriation (HB1027)

The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. The

purpose will be measured by the percentage of those eligible that receive energy assistance.

TOTAL STATE FUNDS

$747,816

$747,816

$747,816

State General Funds

$747,816

$747,816

$747,816

TOTAL FEDERAL FUNDS

$18,583,415

$18,583,415

$18,583,415

Low-Income Home Energy Assistance CFDA93.568

$18,583,415

$18,583,415

$18,583,415

TOTAL AGENCY FUNDS

$40,269

$40,269

$40,269

Sales and Services

$40,269

$40,269

$40,269

Sales and Services Not Itemized

$40,269

$40,269

$40,269

TOTAL PUBLIC FUNDS

$19,371,500

$19,371,500

$19,371,500

Epidemiology

Continuation Budget

The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern

in Georgia.

TOTAL STATE FUNDS

$4,705,651

$4,705,651

$4,705,651

State General Funds

$4,590,014

$4,590,014

$4,590,014

Tobacco Settlement Funds

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$372,341

$372,341

$372,341

Federal Funds Not Itemized

$15,631

$15,631

$15,631

Medical Assistance Program CFDA93.778

$159,960

$159,960

$159,960

Preventive Health & Health Services Block Grant CFDA93.991

$196,750

$196,750

$196,750

TOTAL PUBLIC FUNDS

$5,077,992

$5,077,992

$5,077,992

Statewide Changes

214.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$256,607

$252,962

$112,034

Changes to the Purpose or the Purpose Measure

214.2 SAC: The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events

of public health concern. The purpose will be measured by: the number of communicable diseases tracked by the

disease surveillance system; and the number of agencies, organizations, and other entities reporting disease

information to the state.

THURSDAY, MARCH 23, 2006

2771

House: The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other

events of public health concern.

State General Funds

$0

$0

Changes in Operations / Administration

214.3 Transfer funds and activities to create the program "Health Information & Assessment" (G:YES)(H and

S:Transfer funds and activities from "Laboratory Services").

State General Funds

$348,639

$348,639

$348,639

Changes in How the Program is Funded

214.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$2,155,718

TOTAL PUBLIC FUNDS

$2,155,718

214. Epidemiology

Appropriation (HB1027)

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public

health concern. The purpose will be measured by: the number of communicable diseases tracked by the disease

surveillance system; and the number of agencies, organizations, and other entities reporting disease information to the

state.

TOTAL STATE FUNDS

$5,310,897

$5,307,252

$5,166,324

State General Funds

$5,195,260

$5,191,615

$5,050,687

Tobacco Settlement Funds

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$372,341

$372,341

$2,528,059

Federal Funds Not Itemized

$15,631

$15,631

$2,171,349

Medical Assistance Program CFDA93.778

$159,960

$159,960

$159,960

Preventive Health & Health Services Block Grant CFDA93.991

$196,750

$196,750

$196,750

TOTAL PUBLIC FUNDS

$5,683,238

$5,679,593

$7,694,383

Facility and Provider Regulation

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

215.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$76,584

$76,584

$76,584

2772

JOURNAL OF THE SENATE

Changes to the Purpose or the Purpose Measure

215.2 SAC: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing

agencies, long term care and health care facilities.

House: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing

agencies, long term care and health care facilities.

State General Funds

$0

$0

Changes in Operations / Administration

215.3 Reduce administrative expenses(S:No contracts are to be reduced).

State General Funds

($79,589)

($79,589)

($79,589)

215.4 Transfer funds and activities from "Regulatory Compliance"(H and S:YES).

State General Funds

$6,752,292

$6,752,292

$6,752,292

CCDF Mandatory & Matching Funds CFDA93.596

$780

$780

$780

Federal Funds Not Itemized

$6,533,524

$6,533,524

$6,533,524

TOTAL PUBLIC FUNDS

$13,286,596

$13,286,596

$13,286,596

Changes in the Size of the Program

215.5 Provide funds to increase inspection of licensed residential child caring facilities.

State General Funds

$534,716

$534,716

$534,716

215. Facility and Provider Regulation

Appropriation (HB1027)

The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, long

term care and health care facilities.

TOTAL STATE FUNDS

$7,284,003

$7,284,003

$7,284,003

State General Funds

$7,284,003

$7,284,003

$7,284,003

TOTAL FEDERAL FUNDS

$6,534,304

$6,534,304

$6,534,304

CCDF Mandatory & Matching Funds CFDA93.596

$780

$780

$780

Federal Funds Not Itemized

$6,533,524

$6,533,524

$6,533,524

TOTAL PUBLIC FUNDS

$13,818,307

$13,818,307

$13,818,307

Family Connection

Continuation Budget

The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and

families.

TOTAL STATE FUNDS

$9,130,281

$9,130,281

$9,130,281

State General Funds

$9,130,281

$9,130,281

$9,130,281

THURSDAY, MARCH 23, 2006

2773

TOTAL FEDERAL FUNDS

$1,475,000

$1,475,000

$1,475,000

Medical Assistance Program CFDA93.778

$275,000

$275,000

$275,000

Temporary Assistance for Needy Families

$1,200,000

$1,200,000

$1,200,000

Temporary Assistance for Needy Families Block Grant CFDA

$1,200,000

$1,200,000

$1,200,000

93.558

TOTAL PUBLIC FUNDS

$10,605,281

$10,605,281

$10,605,281

Statewide Changes

216.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$7,291

$7,291

$7,291

Changes in the Size of the Program

216.2 Provide evaluation and technical assistance funding for Family Connections.

State General Funds

$250,000

$100,000

216. Family Connection

Appropriation (HB1027)

The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve

conditions for children and families.

TOTAL STATE FUNDS

$9,137,572

$9,387,572

$9,237,572

State General Funds

$9,137,572

$9,387,572

$9,237,572

TOTAL FEDERAL FUNDS

$1,475,000

$1,475,000

$1,475,000

Medical Assistance Program CFDA93.778

$275,000

$275,000

$275,000

Temporary Assistance for Needy Families

$1,200,000

$1,200,000

$1,200,000

Temporary Assistance for Needy Families Block Grant CFDA

$1,200,000

$1,200,000

$1,200,000

93.558

TOTAL PUBLIC FUNDS

$10,612,572

$10,862,572

$10,712,572

Family Violence Services

Continuation Budget

The purpose is to provide safe shelter and related services for victims of family violence and their dependents.

TOTAL STATE FUNDS

$4,701,950

$4,701,950

$4,701,950

State General Funds

$4,701,950

$4,701,950

$4,701,950

TOTAL FEDERAL FUNDS

$3,845,813

$3,845,813

$3,845,813

Federal Funds Not Itemized

$122

$122

$122

Foster Care Title IV-E CFDA93.658

$280,447

$280,447

$280,447

Temporary Assistance for Needy Families

$3,565,244

$3,565,244

$3,565,244

2774

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant CFDA

$3,565,244

$3,565,244

$3,565,244

93.558

TOTAL AGENCY FUNDS

$3,617

$3,617

$3,617

Sales and Services

$3,617

$3,617

$3,617

Sales and Services Not Itemized

$3,617

$3,617

$3,617

TOTAL PUBLIC FUNDS

$8,551,380

$8,551,380

$8,551,380

Statewide Changes

217.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,389

$1,389

$1,389

Changes to the Purpose or the Purpose Measure

217.2 SAC: The purpose of this appropriation is to provide safe shelter and related services for victims of family

violence. The purpose will be measured by the number of adults denied shelter due to lack of space.

House: The purpose of this appropriation is to provide safe shelter and related services for victims of family

violence.

State General Funds

$0

$0

Changes in Operations / Administration

217.3 Increase funding to bring up the base budget to SFY 2005 cost levels(S:This addition enables the department to

fully fund General Assembly initiatives from the SFY2006 budget).

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$1,500,000

$1,500,000

217.6 Transfer base budget funding of Child Advocacy Centers to Children's Trust Fund Commission.

State General Funds

($300,000)

Changes in Where or When the Services are Offered

217.5 Redirect $500,000 in TANF funds used for prevention of unnecessary placement activities to direct contracts with

family violence shelters to provide early intervention services for families at risk of domestic violence.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$0

Changes in the Size of the Program

217.4 Create 3 new rape crisis centers in the areas of most need in the northern, southern, and eastern regions of the

state.

State General Funds

$225,000

$225,000

217.7 Provide funding for the Sexual Assault Center of the Northwest.

State General Funds

$25,000

THURSDAY, MARCH 23, 2006

2775

217. Family Violence Services

Appropriation (HB1027)

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. The purpose

will be measured by the number of adults denied shelter due to lack of space.

TOTAL STATE FUNDS

$4,703,339

$4,928,339

$4,653,339

State General Funds

$4,703,339

$4,928,339

$4,653,339

TOTAL FEDERAL FUNDS

$3,845,813

$5,345,813

$5,345,813

Federal Funds Not Itemized

$122

$122

$122

Foster Care Title IV-E CFDA93.658

$280,447

$280,447

$280,447

Temporary Assistance for Needy Families

$3,565,244

$5,065,244

$5,065,244

Temporary Assistance for Needy Families Block Grant CFDA

$3,565,244

$5,065,244

$5,065,244

93.558

TOTAL AGENCY FUNDS

$3,617

$3,617

$3,617

Sales and Services

$3,617

$3,617

$3,617

Sales and Services Not Itemized

$3,617

$3,617

$3,617

TOTAL PUBLIC FUNDS

$8,552,769

$10,277,769

$10,002,769

Federal Unobligated Balances

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes to the Purpose or the Purpose Measure

218.1 SAC: The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are

provided.

House: The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are

provided.

State General Funds

$0

$0

Changes in How the Program is Funded

218.2 Reflect unobligated balances as of September 30, 2006.

State General Funds

$0

Federal Funds Not Itemized

$89,390,427

$89,390,427

Temporary Assistance for Needy Families Unobligated Balance

$146,790,241 $146,790,241

TOTAL PUBLIC FUNDS

$236,180,668 $236,180,668

218.3 Reduce funds to account for expenditures in SFY2006.

2776

JOURNAL OF THE SENATE

Federal Funds Not Itemized Temporary Assistance for Needy Families Unobligated Balance TOTAL PUBLIC FUNDS 218.4 Transfer funds to cover SFY2007 expenditures. Federal Funds Not Itemized Temporary Assistance for Needy Families Unobligated Balance TOTAL PUBLIC FUNDS

($34,650,000) ($5,995,371)
($40,645,371)

($34,650,000) ($5,995,371) ($40,645,371)

($4,448,824) ($97,459,533) ($101,908,357)

($34,148,824) ($29,437,964) ($63,586,788)

218. Federal Unobligated Balances

Appropriation (HB1027)

The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided.

TOTAL FEDERAL FUNDS

$93,626,940 $131,948,509

Federal Funds Not Itemized

$50,291,603

$20,591,603

Temporary Assistance for Needy Families Unobligated Balance

$43,335,337 $111,356,906

TOTAL PUBLIC FUNDS

$93,626,940 $131,948,509

Food Stamp Eligibility and Benefits

Continuation Budget

The purpose is to promote the nutritional well being of Georgia's low-income families and children.

TOTAL STATE FUNDS

$23,551,409

$23,551,409

$23,551,409

State General Funds

$23,551,409

$23,551,409

$23,551,409

TOTAL FEDERAL FUNDS

$27,568,389

$27,568,389

$27,568,389

Federal Funds Not Itemized

$25,663,448

$25,663,448

$25,663,448

Foster Care Title IV-E CFDA93.658

$1,904,941

$1,904,941

$1,904,941

TOTAL AGENCY FUNDS

$2,125,153

$2,125,153

$2,125,153

Sales and Services

$2,125,153

$2,125,153

$2,125,153

Sales and Services Not Itemized

$2,125,153

$2,125,153

$2,125,153

TOTAL PUBLIC FUNDS

$53,244,951

$53,244,951

$53,244,951

Statewide Changes

219.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$387,317

Changes to the Purpose or the Purpose Measure

THURSDAY, MARCH 23, 2006

2777

219.2 SAC: The purpose of this appropriation is to promote the nutritional well being of Georgia's low-income families

and children by providing assistance in purchasing groceries. The purpose will be measured by the percent of

those eligible who receive food stamps.

House: The purpose of this appropriation is to promote the nutritional well being of Georgia's low-income families

and children providing assistance in purchasing groceries.

State General Funds

$0

$0

Changes in Operations / Administration

219.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES).(H and S:NO, Change name

to Food Stamps Eligibility and Benefits").

State General Funds

$0

$0

$0

219. Food Stamp Eligibility and Benefits

Appropriation (HB1027)

The purpose of this appropriation is to promote the nutritional well being of Georgia's low-income families and children by

providing assistance in purchasing groceries. The purpose will be measured by the percent of those eligible who receive

food stamps.

TOTAL STATE FUNDS

$23,551,409

$23,551,409

$23,938,726

State General Funds

$23,551,409

$23,551,409

$23,938,726

TOTAL FEDERAL FUNDS

$27,568,389

$27,568,389

$27,568,389

Federal Funds Not Itemized

$25,663,448

$25,663,448

$25,663,448

Foster Care Title IV-E CFDA93.658

$1,904,941

$1,904,941

$1,904,941

TOTAL AGENCY FUNDS

$2,125,153

$2,125,153

$2,125,153

Sales and Services

$2,125,153

$2,125,153

$2,125,153

Sales and Services Not Itemized

$2,125,153

$2,125,153

$2,125,153

TOTAL PUBLIC FUNDS

$53,244,951

$53,244,951

$53,632,268

Immunization

Continuation Budget

The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$9,022,926

$9,022,926

$9,022,926

State General Funds

$9,022,926

$9,022,926

$9,022,926

TOTAL FEDERAL FUNDS

$8,769,874

$8,769,874

$8,769,874

Federal Funds Not Itemized

$1,303,416

$1,303,416

$1,303,416

Maternal & Child Health Services Block Grant CFDA93.994

$6,762,746

$6,762,746

$6,762,746

Preventive Health & Health Services Block Grant CFDA93.991

$703,712

$703,712

$703,712

2778

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$17,792,800

$17,792,800

$17,792,800

Statewide Changes

220.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$436,170

$190,178

Changes to the Purpose or the Purpose Measure

220.2 SAC: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines

and technical assistance. The purpose will be measured by: the percentage of children 19-35 months of age who

are immunized; and by the percentage of people deemed as a priority group by the Centers for Disease Control

and Prevention that receive an influenza vaccination.

House: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines

and technical assistance.

State General Funds

$0

$0

Changes in Operations / Administration

220.3 Transfer funds and activities to create the program "Infectious Disease Control" (G:YES)(H and S:NO).

State General Funds

$0

$0

$0

Changes in How the Program is Funded

220.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$3,122,161

220. Immunization

Appropriation (HB1027)

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical

assistance. The purpose will be measured by: the percentage of children 19-35 months of age who are immunized; and by

the percentage of people deemed as a priority group by the Centers for Disease Control and Prevention that receive an

influenza vaccination.

TOTAL STATE FUNDS

$9,022,926

$9,459,096

$9,213,104

State General Funds

$9,022,926

$9,459,096

$9,213,104

TOTAL FEDERAL FUNDS

$8,769,874

$8,769,874

$11,892,035

Federal Funds Not Itemized

$1,303,416

$1,303,416

$4,425,577

Maternal & Child Health Services Block Grant CFDA93.994

$6,762,746

$6,762,746

$6,762,746

Preventive Health & Health Services Block Grant CFDA93.991

$703,712

$703,712

$703,712

TOTAL PUBLIC FUNDS

$17,792,800

$18,228,970

$21,105,139

THURSDAY, MARCH 23, 2006

2779

Infant and Child Essential Health Treatment Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

221.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$464,892

Changes to the Purpose or the Purpose Measure

221.5 SAC: The purpose of this appropriation is to avoid unnecessary health problems in later life by providing

comprehensive health services to infants and children.

State General Funds

$0

Changes in Operations / Administration

221.3 Transfer funds and activities from "Children with Special Needs", "High Risk Pregnant Women and Infants",

"Infant and Child Health Services" and, Women's Health Services (H and S:YES).

State General Funds

$32,846,767

$32,846,767

$32,846,767

Federal Funds Not Itemized

$2,898,648

$2,898,648

$2,898,648

Maternal & Child Health Services Block Grant CFDA93.994

$7,960,921

$7,960,921

$7,960,921

Medical Assistance Program CFDA93.778

$354,740

$354,740

$354,740

Preventive Health & Health Services Block Grant CFDA93.991

$267,355

$267,355

$267,355

TOTAL PUBLIC FUNDS

$44,328,431

$44,328,431

$44,328,431

Changes in How the Program is Funded

221.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$637,019

Changes in the Size of the Program

221.2 Add supplemental Public Health Grant-In-Aid funding to the 14 lowest per capita funded counties based on

population.

State General Funds

$0

$100,000

$0

221. Infant and Child Essential Health Treatment Services

Appropriation (HB1027)

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health

services to infants and children.

TOTAL STATE FUNDS

$32,846,767

$32,946,767

$33,311,659

State General Funds

$32,846,767

$32,946,767

$33,311,659

2780

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$11,481,664

$11,481,664

$12,118,683

Federal Funds Not Itemized

$2,898,648

$2,898,648

$3,535,667

Maternal & Child Health Services Block Grant CFDA93.994

$7,960,921

$7,960,921

$7,960,921

Medical Assistance Program CFDA93.778

$354,740

$354,740

$354,740

Preventive Health & Health Services Block Grant CFDA93.991

$267,355

$267,355

$267,355

TOTAL PUBLIC FUNDS

$44,328,431

$44,428,431

$45,430,342

Infant and Child Health Promotion

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

222.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$145,435

$199,729

Changes to the Purpose or the Purpose Measure

222.10 SAC: The purpose of this appropriation is to provide education and services to promote health and nutrition for

infants and children. The purpose will be measured by: the percentage of children under 18 years old, who are

obese (BMI equal to or greater than 27.8); and by the percent of eligible families that receive WIC Services.

House: The purpose of this appropriation is to provide education and services to promote health and nutrition for

infants and children.

State General Funds

$0

$0

Changes in Operations / Administration

222.2 Transfer funds and activities from "Chronic Disease Reduction-Health Promotion", "High Risk Pregnant Women

and Infants", "Infant and Child Health Services", and "Women, Infants and Children"(H and S:YES).

State General Funds

$12,156,652

$12,156,652

$12,156,652

Tobacco Settlement Funds

$3,340,644

$3,340,644

$3,340,644

Federal Funds Not Itemized

$85,233,807

$85,233,807

$85,233,807

Maternal & Child Health Services Block Grant CFDA93.994

$1,258,688

$1,258,688

$1,258,688

Medical Assistance Program CFDA93.778

$5,383,258

$5,383,258

$5,383,258

Preventive Health & Health Services Block Grant CFDA93.991

$156,221

$156,221

$156,221

TOTAL PUBLIC FUNDS

$107,529,270 $107,529,270 $107,529,270

Changes in How the Program is Funded

THURSDAY, MARCH 23, 2006

2781

222.3 Replace tobacco funds with state general funds.

State General Funds

$2,000,000

$2,000,000

$2,000,000

Tobacco Settlement Funds

($2,000,000)

($2,000,000)

($2,000,000)

TOTAL PUBLIC FUNDS

$0

$0

$0

222.4 Replace tobacco funds with state general funds.

State General Funds

$1,340,644

$1,340,644

$1,340,644

Tobacco Settlement Funds

($1,340,644)

($1,340,644)

($1,340,644)

TOTAL PUBLIC FUNDS

$0

$0

$0

222.11 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$147,496,262

Changes in What Services are Offered

222.5 Increase the number of newborn screening tests currently performed from 13 to 29 to improve health and

developmental outcomes for children. Reflect a $40 fee increase and reduce state funding.

State General Funds

($2,281,919)

($2,281,919)

($2,281,919)

Tobacco Settlement Funds

$0

$0

$0

Medical Assistance Program CFDA93.778

$0

$0

$0

Sales and Services Not Itemized

$2,281,919

$2,281,919

$2,281,919

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

222.6 Reduce contracts.

State General Funds

($125,000)

($125,000)

($125,000)

222.7 Provide additional funding for prenatal care through the Babies Born Healthy program.

State General Funds

$500,000

$500,000

222.8 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta,

Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on

population.

State General Funds

$100,000

$0

222.9 Provide funding to the Rally Foundation for childhood cancer awareness activities.

State General Funds

$20,000

2782

JOURNAL OF THE SENATE

222. Infant and Child Health Promotion

Appropriation (HB1027)

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and

children. The purpose will be measured by: the percentage of children under 18 years old, who are obese (BMI equal to or

greater than 27.8); and by the percent of eligible families that receive WIC Services.

TOTAL STATE FUNDS

$13,090,377

$13,835,812

$13,810,106

State General Funds

$13,090,377

$13,835,812

$13,810,106

TOTAL FEDERAL FUNDS

$92,031,974

$92,031,974 $239,528,236

Federal Funds Not Itemized

$85,233,807

$85,233,807 $232,730,069

Maternal & Child Health Services Block Grant CFDA93.994

$1,258,688

$1,258,688

$1,258,688

Medical Assistance Program CFDA93.778

$5,383,258

$5,383,258

$5,383,258

Preventive Health & Health Services Block Grant CFDA93.991

$156,221

$156,221

$156,221

TOTAL AGENCY FUNDS

$2,281,919

$2,281,919

$2,281,919

Sales and Services

$2,281,919

$2,281,919

$2,281,919

Sales and Services Not Itemized

$2,281,919

$2,281,919

$2,281,919

TOTAL PUBLIC FUNDS

$107,404,270 $108,149,705 $255,620,261

Infectious Disease Control

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

223.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$800,867

Changes to the Purpose or the Purpose Measure

223.7 SAC: The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually

transmitted diseases, tuberculosis, and other infectious diseases. The purpose will be measured by: the rate per

100,000 of those infected with gonorrhea, syphilis, Chlamydia, HIV or tuberculosis; the percentage of those

eligible who receive AIDS Drug Assistance Program services; and the percentage of tuberculosis patients who

complete treatment within 12 months.

House: The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually

transmitted diseases, tuberculosis, and other infectious diseases.

State General Funds

$0

$0

THURSDAY, MARCH 23, 2006

2783

Changes in Operations / Administration

223.2 Transfer funds and activities from "HIV/AIDS", "Laboratory Services", "Sexually Transmitted Diseases Treatment

and Control", and "Tuberculosis Treatment and Control"(H and S:YES).

State General Funds

$33,034,021

$33,034,021

$33,034,021

Tobacco Settlement Funds

$1,226,667

$1,226,667

$1,226,667

Federal Funds Not Itemized

$10,705,829

$10,705,829

$10,705,829

Maternal & Child Health Services Block Grant CFDA93.994

$83,866

$83,866

$83,866

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$45,200,383

$45,200,383

$45,200,383

Changes in How the Program is Funded

223.3 Replace tobacco funds with state general funds.

State General Funds

$1,226,667

$1,226,667

$1,226,667

Tobacco Settlement Funds

($1,226,667)

($1,226,667)

($1,226,667)

TOTAL PUBLIC FUNDS

$0

$0

$0

223.6 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$32,765,285

TOTAL PUBLIC FUNDS

$32,765,285

Changes in the Size of the Program

223.4 Provide funding for Hepatitis C testing within the Department of Public Health.

State General Funds

$104,297

$0

223.5 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta,

Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on

population.

State General Funds

$100,000

$0

223. Infectious Disease Control

Appropriation (HB1027)

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases,

tuberculosis, and other infectious diseases. The purpose will be measured by: the rate per 100,000 of those infected with

gonorrhea, syphilis, Chlamydia, HIV or tuberculosis; the percentage of those eligible who receive AIDS Drug Assistance

Program services; and the percentage of tuberculosis patients who complete treatment within 12 months.

TOTAL STATE FUNDS

$34,260,688

$34,464,985

$35,061,555

State General Funds

$34,260,688

$34,464,985

$35,061,555

2784

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$10,789,695

$10,789,695

$43,554,980

Federal Funds Not Itemized

$10,705,829

$10,705,829

$43,471,114

Maternal & Child Health Services Block Grant CFDA93.994

$83,866

$83,866

$83,866

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$45,200,383

$45,404,680

$78,766,535

Injury Prevention

Continuation Budget

The purpose is to reduce injury-related morbidity and mortality through building injury surveillance systems to guide data-

based decision making and strategic planning, building coalitions.

TOTAL STATE FUNDS

$277,393

$277,393

$277,393

State General Funds

$277,393

$277,393

$277,393

TOTAL FEDERAL FUNDS

$112,005

$112,005

$112,005

Preventive Health & Health Services Block Grant CFDA93.991

$112,005

$112,005

$112,005

TOTAL PUBLIC FUNDS

$389,398

$389,398

$389,398

Changes to the Purpose or the Purpose Measure

224.1 SAC: The purpose of this appropriation is to provide education and services to prevent injuries due to suicide,

fires, automobile accidents, violence against women, shaken babies, and child accidents. The purpose will be

measured by: the rate of suicides per 100,000; and by the annual number of deaths caused by motor vehicle

accidents.

House: The purpose of this appropriation is to provide education and services to prevent injuries due to suicide,

fires, automobile accidents, violence against women, shaken babies, and child accidents.

State General Funds

$0

$0

Changes in Operations / Administration

224.2 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion"

(G:YES)(H and S:NO).

State General Funds

$0

$0

$0

Changes in How the Program is Funded

224.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$951,734

TOTAL PUBLIC FUNDS

$951,734

THURSDAY, MARCH 23, 2006

2785

Changes in the Size of the Program

224.3 Increase funding for suicide prevention activities.

State General Funds

$150,000

$150,000

224. Injury Prevention

Appropriation (HB1027)

The purpose of this appropriation is to provide education and services to prevent injuries due to suicide, fires, automobile

accidents, violence against women, shaken babies, and child accidents. The purpose will be measured by: the rate of

suicides per 100,000; and by the annual number of deaths caused by motor vehicle accidents.

TOTAL STATE FUNDS

$277,393

$427,393

$427,393

State General Funds

$277,393

$427,393

$427,393

TOTAL FEDERAL FUNDS

$112,005

$112,005

$1,063,739

Federal Funds Not Itemized

$951,734

Preventive Health & Health Services Block Grant CFDA93.991

$112,005

$112,005

$112,005

TOTAL PUBLIC FUNDS

$389,398

$539,398

$1,491,132

Inspections and Environmental Hazard Control

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

225.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$122,362

$122,362

$122,362

Changes to the Purpose or the Purpose Measure

225.2 SAC: The purpose of this appropriation is to detect and prevent environmental hazards as well as providing

inspection and enforcement of health regulations for food service establishments, sewage management facilities,

swimming pools.

House: The purpose of this appropriation is to detect and prevent environmental hazards as well as providing

inspection and enforcement of health regulations for food service establishments, sewage management facilities,

swimming pools.

State General Funds

$0

$0

Changes in Operations / Administration

225.3 Transfer funds and activities from "Laboratory Services" and "Regulatory Compliance"(H and S:YES).

State General Funds

$14,289,821

$14,289,821

$14,289,821

Maternal & Child Health Services Block Grant CFDA93.994

$194,703

$194,703

$194,703

2786

JOURNAL OF THE SENATE

Medical Assistance Program CFDA93.778

$12,257

$12,257

$12,257

Preventive Health & Health Services Block Grant CFDA93.991

$336,772

$336,772

$336,772

TOTAL PUBLIC FUNDS

$14,833,553

$14,833,553

$14,833,553

225. Inspections and Environmental Hazard Control

Appropriation (HB1027)

The purpose of this appropriation is to detect and prevent environmental hazards as well as providing inspection and

enforcement of health regulations for food service establishments, sewage management facilities, swimming pools.

TOTAL STATE FUNDS

$14,412,183

$14,412,183

$14,412,183

State General Funds

$14,412,183

$14,412,183

$14,412,183

TOTAL FEDERAL FUNDS

$543,732

$543,732

$543,732

Maternal & Child Health Services Block Grant CFDA93.994

$194,703

$194,703

$194,703

Medical Assistance Program CFDA93.778

$12,257

$12,257

$12,257

Preventive Health & Health Services Block Grant CFDA93.991

$336,772

$336,772

$336,772

TOTAL PUBLIC FUNDS

$14,955,915

$14,955,915

$14,955,915

Out of Home Care

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

226.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$313,862

$313,862

$313,862

Changes to the Purpose or the Purpose Measure

226.2 SAC: The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed

from their families due to neglect, abuse, or abandonment. The purpose will be measured statewide by: the annual

percentage of children in foster care who are the victim of substantiated maltreatment while in foster care; by the

percentage of children in care that have two or fewer moves during the prior twelve months in custody; and by the

percentage of children that have any unmet medical, dental, mental health, education or other service needs,

according to the service needs documented in the child's most recent case plan.

House: The purpose of this appropriation is to provide safe and appropriate temporary homes for children

removed from their families due to neglect, abuse, or abandonment.

State General Funds

$0

$0

Changes in Operations / Administration

THURSDAY, MARCH 23, 2006

2787

226.3 Transfer funds and activities from "Out of Home Care(HB85)" and "Independent and Transitional Living Skills"(H

and S:YES).

State General Funds

$148,950,713 $148,950,713 $148,950,713

Federal Funds Not Itemized

$6,155,013

$6,155,013

$6,155,013

Foster Care Title IV-E CFDA93.658

$25,737,023

$25,737,023

$25,737,023

Medical Assistance Program CFDA93.778

$33,493,500

$33,493,500

$33,493,500

Social Services Block Grant CFDA 93.667

$3,600,000

$3,600,000

$3,600,000

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $52,892,799 $52,892,799 $52,892,799

Sales and Services Not Itemized

$33,086,084

$33,086,084

$33,086,084

TOTAL PUBLIC FUNDS

$303,915,132 $303,915,132 $303,915,132

One-Time Expense

226.9 Provide funding for SB 420 that sets up subsidies for grandparents under 200% of the federal poverty level taking

care grandchildren.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$1,300,000

226.10 Reflect $4,957,827 in surplus funding being applied to offset the Level of Care Deficit.

State General Funds

$0

Changes in How the Program is Funded

226.4 Recognize increase in federal match rate by adjusting state funds.

State General Funds

($1,076,904)

($1,076,904)

($1,076,904)

226.11 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$10,000,000

Changes in the Size of the Program

226.5 Increase the relative care subsidy rate to increase the number of children placed with relatives.

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $7,450,000

$7,450,000

$7,450,000

226.6 Provide funds for an additional $100 per month per child to foster parents caring for sibling groups of 3 or more

children.

State General Funds

$0

$0

$0

Foster Care Title IV-E CFDA93.658

$0

$0

$0

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,098,000

$1,098,000

$1,098,000

TOTAL PUBLIC FUNDS

$1,098,000

$1,098,000

$1,098,000

226.7 Increase family foster care per diem rates by 3.2%, consistent with the Consumer Price Index (CPI) increase.

2788

JOURNAL OF THE SENATE

State General Funds

$768,199

$768,199

$768,199

Foster Care Title IV-E CFDA93.658

$813,711

$813,711

$813,711

TOTAL PUBLIC FUNDS

$1,581,910

$1,581,910

$1,581,910

226.8 Reduce funding for initial foster care services.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($800,000)

($800,000)

226. Out of Home Care

Appropriation (HB1027)

The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their

families due to neglect, abuse, or abandonment. The purpose will be measured statewide by: the annual percentage of

children in foster care who are the victim of substantiated maltreatment while in foster care; by the percentage of children

in care that have two or fewer moves during the prior twelve months in custody; and by the percentage of children that have

any unmet medical, dental, mental health, education or other service needs, according to the service needs documented in

the child's most recent case plan.

TOTAL STATE FUNDS

$148,955,870 $148,955,870 $148,955,870

State General Funds

$148,955,870 $148,955,870 $148,955,870

TOTAL FEDERAL FUNDS

$131,240,046 $130,440,046 $141,740,046

Federal Funds Not Itemized

$6,155,013

$6,155,013

$16,155,013

Foster Care Title IV-E CFDA93.658

$26,550,734

$26,550,734

$26,550,734

Medical Assistance Program CFDA93.778

$33,493,500

$33,493,500

$33,493,500

Social Services Block Grant CFDA 93.667

$3,600,000

$3,600,000

$3,600,000

Temporary Assistance for Needy Families

$61,440,799

$60,640,799

$61,940,799

Temporary Assistance for Needy Families Block Grant CFDA

$61,440,799

$60,640,799

$61,940,799

93.558

TOTAL AGENCY FUNDS

$33,086,084

$33,086,084

$33,086,084

Sales and Services

$33,086,084

$33,086,084

$33,086,084

Sales and Services Not Itemized

$33,086,084

$33,086,084

$33,086,084

TOTAL PUBLIC FUNDS

$313,282,000 $312,482,000 $323,782,000

Refugee Assistance

Continuation Budget

The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support.

TOTAL STATE FUNDS

$515,660

$515,660

$515,660

State General Funds

$515,660

$515,660

$515,660

TOTAL FEDERAL FUNDS

$3,103,467

$3,103,467

$3,103,467

THURSDAY, MARCH 23, 2006

2789

Federal Funds Not Itemized

$3,103,467

$3,103,467

$3,103,467

TOTAL AGENCY FUNDS

$80,538

$80,538

$80,538

Sales and Services

$80,538

$80,538

$80,538

Sales and Services Not Itemized

$80,538

$80,538

$80,538

TOTAL PUBLIC FUNDS

$3,699,665

$3,699,665

$3,699,665

Changes to the Purpose or the Purpose Measure

227.1 SAC: The purpose of this appropriation is to provide employment, health screening, medical, cash, and social

services assistance to refugees. The purpose will be measured by the percentage of those eligible that receive

refugee resettlement services.

House: The purpose of this appropriation is to provide employment, health screening, medical, cash, and social

services assistance to refugees.

State General Funds

$0

$0

Changes in Operations / Administration

227.2 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO, Rename

"Refugee Assistance").

State General Funds

$0

$0

$0

227. Refugee Assistance

Appropriation (HB1027)

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance

to refugees. The purpose will be measured by the percentage of those eligible that receive refugee resettlement services.

TOTAL STATE FUNDS

$515,660

$515,660

$515,660

State General Funds

$515,660

$515,660

$515,660

TOTAL FEDERAL FUNDS

$3,103,467

$3,103,467

$3,103,467

Federal Funds Not Itemized

$3,103,467

$3,103,467

$3,103,467

TOTAL AGENCY FUNDS

$80,538

$80,538

$80,538

Sales and Services

$80,538

$80,538

$80,538

Sales and Services Not Itemized

$80,538

$80,538

$80,538

TOTAL PUBLIC FUNDS

$3,699,665

$3,699,665

$3,699,665

Substance Abuse Prevention

Continuation Budget

The purpose is to promote the health and well-being of children, youth, families and communities through preventing the

use and/or abuse of alcohol, tobacco and drugs.

TOTAL STATE FUNDS

$669,605

$669,605

$669,605

2790

JOURNAL OF THE SENATE

State General Funds

$669,605

$669,605

$669,605

TOTAL FEDERAL FUNDS

$10,512,485

$10,512,485

$10,512,485

Federal Funds Not Itemized

$320,397

$320,397

$320,397

Prevention & Treatment of Substance Abuse Block Grant

$10,192,088

$10,192,088

$10,192,088

CFDA93.959

TOTAL PUBLIC FUNDS

$11,182,090

$11,182,090

$11,182,090

Statewide Changes

228.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$89,086

$89,086

$89,086

Changes to the Purpose or the Purpose Measure

228.2 SAC: The purpose of this appropriation is to promote the health and well-being of children, youth, families and

communities through preventing the use and/or abuse of alcohol, tobacco and drugs. The purpose will be

measured by the rate of substance abuse among Georgians.

House: The purpose of this appropriation is to promote the health and well-being of children, youth, families and

communities through preventing the use and/or abuse of alcohol, tobacco and drugs.

State General Funds

$0

$0

Changes in Operations / Administration

228.3 Change the name of the program from "Substance Abuse Prevention" to "Prevention" (G:YES)(H and S:NO).

State General Funds

$0

$0

$0

Changes in How the Program is Funded

228.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$675,084

TOTAL PUBLIC FUNDS

$675,084

228. Substance Abuse Prevention

Appropriation (HB1027)

The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities

through preventing the use and/or abuse of alcohol, tobacco and drugs. The purpose will be measured by the rate of

substance abuse among Georgians.

TOTAL STATE FUNDS

$758,691

$758,691

$758,691

State General Funds

$758,691

$758,691

$758,691

TOTAL FEDERAL FUNDS

$10,512,485

$10,512,485

$11,187,569

Federal Funds Not Itemized

$320,397

$320,397

$995,481

THURSDAY, MARCH 23, 2006

2791

Prevention & Treatment of Substance Abuse Block Grant

$10,192,088

$10,192,088

$10,192,088

CFDA93.959

TOTAL PUBLIC FUNDS

$11,271,176

$11,271,176

$11,946,260

Support for Needy Families - Basic Assistance

Continuation Budget

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$14,400,000

$14,400,000

$14,400,000

State General Funds

$14,400,000

$14,400,000

$14,400,000

TOTAL FEDERAL FUNDS

$94,788,339

$94,788,339

$94,788,339

Temporary Assistance for Needy Families

$74,788,339

$74,788,339

$74,788,339

Temporary Assistance for Needy Families Block Grant CFDA

$74,788,339

$74,788,339

$74,788,339

93.558

Temporary Assistance for Needy Families Unobligated Balance

$20,000,000

$20,000,000

$20,000,000

TOTAL AGENCY FUNDS

$20,000,000

$20,000,000

$20,000,000

Contributions, Donations, and Forfeitures

$20,000,000

$20,000,000

$20,000,000

TANF Maintenance-of-Effort from External Sources

$20,000,000

$20,000,000

$20,000,000

TOTAL PUBLIC FUNDS

$129,188,339 $129,188,339 $129,188,339

Changes in Who is Served by the Program

229.1 Add additional funds to serve clients with wage disregard(S:See item 231.1).

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$15,100,000

$0

Changes to the Purpose or the Purpose Measure

229.2 SAC: The purpose of this appropriation is to provide cash assistance to needy families in compliance with

Georgia's state plan for the federal Temporary Assistance for Needy Families program.

House: The purpose of this appropriation is to provide cash assistance to needy families in compliance with

Georgia's state plan for the federal Temporary Assistance for Needy Families program.

State General Funds

$0

$0

Changes in Operations / Administration

229.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO).

State General Funds

$0

$0

$0

Changes in How the Program is Funded

229.4 Refinance program TANF block grant funds with Unobligated Balance funds (that can only be spent on activities

that meet the federal definition of "assistance") to compensate for increased TANF expenditures.

2792

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($27,659,533) ($72,388,339) ($9,437,964)

Temporary Assistance for Needy Families Unobligated Balance

$27,659,533

$72,388,339

$9,437,964

TOTAL PUBLIC FUNDS

$0

$0

$0

229.6 Transfer Maintenance of Effort money to the After School Care program.

TANF Maintenance-of-Effort from External Sources

($20,000,000)

Changes in the Size of the Program

229.5 Reduce funding to Cash Assistance based on declining caseloads.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($17,500,000) ($17,500,000)

229. Support for Needy Families - Basic Assistance

Appropriation (HB1027)

The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan

for the federal Temporary Assistance for Needy Families program.

TOTAL STATE FUNDS

$14,400,000

$14,400,000

$14,400,000

State General Funds

$14,400,000

$14,400,000

$14,400,000

TOTAL FEDERAL FUNDS

$94,788,339

$92,388,339

$77,288,339

Temporary Assistance for Needy Families

$47,128,806

$47,850,375

Temporary Assistance for Needy Families Block Grant CFDA

$47,128,806

$47,850,375

93.558

Temporary Assistance for Needy Families Unobligated Balance

$47,659,533

$92,388,339

$29,437,964

TOTAL AGENCY FUNDS

$20,000,000

$20,000,000

Contributions, Donations, and Forfeitures

$20,000,000

$20,000,000

TANF Maintenance-of-Effort from External Sources

$20,000,000

$20,000,000

TOTAL PUBLIC FUNDS

$129,188,339 $126,788,339

$91,688,339

Support for Needy Families - Family Assistance

Continuation Budget

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$17,069,906

$17,069,906

$17,069,906

State General Funds

$17,069,906

$17,069,906

$17,069,906

TOTAL FEDERAL FUNDS

$51,340,811

$51,340,811

$51,340,811

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

Federal Funds Not Itemized

$11,959,324

$11,959,324

$11,959,324

Medical Assistance Program CFDA93.778

$9,905,211

$9,905,211

$9,905,211

Temporary Assistance for Needy Families

$12,291,093

$12,291,093

$12,291,093

THURSDAY, MARCH 23, 2006

2793

Temporary Assistance for Needy Families Block Grant CFDA

$12,291,093

$12,291,093

$12,291,093

93.558

TOTAL AGENCY FUNDS

$2,786,034

$2,786,034

$2,786,034

Sales and Services

$2,786,034

$2,786,034

$2,786,034

Sales and Services Not Itemized

$2,786,034

$2,786,034

$2,786,034

TOTAL PUBLIC FUNDS

$71,196,751

$71,196,751

$71,196,751

Statewide Changes

230.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,119,613

$0

$344,938

Changes to the Purpose or the Purpose Measure

230.2 SAC: The purpose of this appropriation is to administer and aid needy families in the accomplishment of Georgia's

state plan for the federal Temporary Assistance for Needy Families program. The purpose will be measured by:

the average time required to process applications and benefits; and the percentage of applications or benefits

processed accurately.

House: The purpose of this appropriation is to administer and aid needy families in the accomplishment of

Georgia's state plan for the federal Temporary Assistance for Needy Families program.

State General Funds

$0

$0

Changes in Operations / Administration

230.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO, Rename

program "Support for Needy Families - Family Assistance").

State General Funds

$0

$0

$0

230.4 Reduce funding to support administration.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($9,300,000)

($8,800,000)

One-Time Expense

230.5 Increase funding for a pay evaluation of the Office of Family Independence(S:Use to reward staff for achieving a

high performance bonus. Reward contingent on continued receipt of the bonus).

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$2,000,000

$2,000,000

Changes in How the Program is Funded

230.6 Recognize increase in federal match rate by adjusting state funds.

State General Funds

($631,329)

($631,329)

($631,329)

2794

JOURNAL OF THE SENATE

Changes in the Size of the Program

230.7 Increase funding for the SNAP program at the Atlanta Food Bank(S:Food bank assistance statewide).

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$1,000,000

$1,000,000

230. Support for Needy Families - Family Assistance

Appropriation (HB1027)

The purpose of this appropriation is to administer and aid needy families in the accomplishment of Georgia's state plan for

the federal Temporary Assistance for Needy Families program. The purpose will be measured by: the average time

required to process applications and benefits; and the percentage of applications or benefits processed accurately.

TOTAL STATE FUNDS

$17,558,190

$16,438,577

$16,783,515

State General Funds

$17,558,190

$16,438,577

$16,783,515

TOTAL FEDERAL FUNDS

$51,340,811

$45,040,811

$45,540,811

Community Services Block Grant CFDA93.569

$17,185,183

$17,185,183

$17,185,183

Federal Funds Not Itemized

$11,959,324

$11,959,324

$11,959,324

Medical Assistance Program CFDA93.778

$9,905,211

$9,905,211

$9,905,211

Temporary Assistance for Needy Families

$12,291,093

$5,991,093

$6,491,093

Temporary Assistance for Needy Families Block Grant CFDA

$12,291,093

$5,991,093

$6,491,093

93.558

TOTAL AGENCY FUNDS

$2,786,034

$2,786,034

$2,786,034

Sales and Services

$2,786,034

$2,786,034

$2,786,034

Sales and Services Not Itemized

$2,786,034

$2,786,034

$2,786,034

TOTAL PUBLIC FUNDS

$71,685,035

$64,265,422

$65,110,360

Support for Needy Families - Work Assistance

Continuation Budget

The purpose is to supply block grants for temporary assistance for needy families.

TOTAL STATE FUNDS

$26,000,000

$26,000,000

$26,000,000

State General Funds

$26,000,000

$26,000,000

$26,000,000

TOTAL FEDERAL FUNDS

$19,130,279

$19,130,279

$19,130,279

Temporary Assistance for Needy Families

$19,130,279

$19,130,279

$19,130,279

Temporary Assistance for Needy Families Block Grant CFDA

$19,130,279

$19,130,279

$19,130,279

93.558

TOTAL PUBLIC FUNDS

$45,130,279

$45,130,279

$45,130,279

THURSDAY, MARCH 23, 2006

2795

Changes in Who is Served by the Program

231.1 Provide clients, who are employed and receive a TANF payment, with a disregard of wages (a percentage of wages

will not count towards determining eligibility) for six months. This will allow clients time to adjust to work and

become financially stable.

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $8,280,000

$8,280,000

$8,280,000

Changes to the Purpose or the Purpose Measure

231.2 SAC: The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining

and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for

Needy Families program. The purpose will be measured by: the percent of TANF cases that do not return, or are

off of cash assistance, 18 months after exit due to employment; and by the percent of TANF adults placed (as

defined by federal guidelines) for whom employment is a goal.

House: The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining

and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for

Needy Families program.

State General Funds

$0

$0

Changes in Operations / Administration

231.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO).

State General Funds

$0

$0

$0

Changes in How the Program is Funded

231.12 Reflect $12,901,218 to the Department of Labor and $7,300,000 to the Department of Technical and Adult

Education in base budget transfers for TANF funds.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$0

Changes in What Services are Offered

231.4 Assist seriously mentally ill or disabled TANF clients to apply for SSI or enter a specialized work program.

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,597,000

$1,597,000

$1,597,000

231.5 Provide clients, who are employed but no longer receive a TANF payment, with work supports such as

transportation, tools and uniforms for six months. This will provide a step down level of support for working

parents.

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $3,600,000

$3,600,000

$3,600,000

231.6 Hire staff to provide job retention and other supportive services. Staff would have special skills to assist newly

employed with mentoring and other support services.

2796

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $5,040,000

$5,040,000

$5,040,000

Changes in the Size of the Program

231.7 Provide employed clients temporary assistance for work-related emergencies like car repairs.

Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,080,000

$1,080,000

$1,080,000

231.8 Expand the TeenWork program for teenagers in TANF families or foster care.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$740,000

$740,000

$740,000

231.9 Increase funding for translation services.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$16,100,000

$500,000

231.10 Increase funding to counties performing eligibility and employability work activities.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$500,000

$16,100,000

231.11 Increase funding for Charitable Choice.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$4,000,000

$4,000,000

231. Support for Needy Families - Work Assistance

Appropriation (HB1027)

The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping

employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families

program. The purpose will be measured by: the percent of TANF cases that do not return, or are off of cash assistance, 18

months after exit due to employment; and by the percent of TANF adults placed (as defined by federal guidelines) for whom

employment is a goal.

TOTAL STATE FUNDS

$26,000,000

$26,000,000

$26,000,000

State General Funds

$26,000,000

$26,000,000

$26,000,000

TOTAL FEDERAL FUNDS

$39,467,279

$60,067,279

$60,067,279

Temporary Assistance for Needy Families

$39,467,279

$60,067,279

$60,067,279

Temporary Assistance for Needy Families Block Grant CFDA

$39,467,279

$60,067,279

$60,067,279

93.558

TOTAL PUBLIC FUNDS

$65,467,279

$86,067,279

$86,067,279

Vital Records

Continuation Budget

The purpose of this program is to register, code, enter, and archive all vital records and associated documents (birth, death,

fetal death, induced termination of pregnancy, marriage).

TOTAL STATE FUNDS

$2,064,090

$2,064,090

$2,064,090

State General Funds

$2,064,090

$2,064,090

$2,064,090

TOTAL FEDERAL FUNDS

$288,204

$288,204

$288,204

THURSDAY, MARCH 23, 2006

2797

Federal Funds Not Itemized

$288,204

$288,204

$288,204

TOTAL PUBLIC FUNDS

$2,352,294

$2,352,294

$2,352,294

Statewide Changes

232.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$3,645

$144,573

Changes to the Purpose or the Purpose Measure

232.2 SAC: The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner,

vital records and associated documents. The purpose will be measured by the average time to accurately register,

code, enter, and archive all vital records and associated documents (birth, death, fetal death, induced termination

of pregnancy, marriage).

House: The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner,

vital records and associated documents.

State General Funds

$0

$0

Changes in Operations / Administration

232.3 Transfer funds and activities to create the program "Health Information & Assessment" (G:YES)(H and S:NO).

State General Funds

$0

$0

$0

Changes in How the Program is Funded

232.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$260,000

232. Vital Records

Appropriation (HB1027)

The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records

and associated documents. The purpose will be measured by the average time to accurately register, code, enter, and

archive all vital records and associated documents (birth, death, fetal death, induced termination of pregnancy, marriage).

TOTAL STATE FUNDS

$2,064,090

$2,067,735

$2,208,663

State General Funds

$2,064,090

$2,067,735

$2,208,663

TOTAL FEDERAL FUNDS

$288,204

$288,204

$548,204

Federal Funds Not Itemized

$288,204

$288,204

$548,204

TOTAL PUBLIC FUNDS

$2,352,294

$2,355,939

$2,756,867

Brain and Spinal Injury Trust Fund

Continuation Budget

The purpose is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to

citizens of the state who have survived brain or spinal cord injuries.

2798

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$3,000,000

$3,000,000

$3,000,000

Brain and Spinal Injury Trust Fund

$3,000,000

$3,000,000

$3,000,000

State General Funds

$0

$0

TOTAL PUBLIC FUNDS

$3,000,000

$3,000,000

$3,000,000

Statewide Changes

233.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Brain and Spinal Injury Trust Fund

$7,691

$7,691

State General Funds

$7,691

$0

TOTAL PUBLIC FUNDS

$7,691

233. Brain and Spinal Injury Trust Fund

Appropriation (HB1027)

The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and

rehabilitative services to citizens of the state who have survived brain or spinal cord injuries.

TOTAL STATE FUNDS

$3,007,691

$3,007,691

$3,007,691

Brain and Spinal Injury Trust Fund

$3,007,691

$3,000,000

$3,007,691

State General Funds

$7,691

TOTAL PUBLIC FUNDS

$3,007,691

$3,007,691

$3,007,691

Children's Trust Fund Commission

Continuation Budget

The purpose is to support the establishment of community-based educational and service programs designed to reduce the

occurrence of child abuse and neglect.

TOTAL STATE FUNDS

$6,932,873

$6,932,873

$6,932,873

State General Funds

$5,660,703

$5,660,703

$5,660,703

Tobacco Settlement Funds

$1,272,170

$1,272,170

$1,272,170

TOTAL PUBLIC FUNDS

$6,932,873

$6,932,873

$6,932,873

Statewide Changes

234.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$11,955

$11,955

$11,955

Changes in Operations / Administration

234.4 Transfer base budget funding of Child Advocacy Centers from the Family Violence Services program.

State General Funds

$300,000

Changes in How the Program is Funded

234.2 Replace tobacco settlement funds with state general funds.

THURSDAY, MARCH 23, 2006

2799

State General Funds

$1,272,170

$1,272,170

$1,272,170

Tobacco Settlement Funds

($1,272,170)

($1,272,170)

($1,272,170)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

234.3 Provide funds for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase

prosecutions of perpetrators(S:Fund in the Children's Trust Fund Commission rather than Child Welfare Services-

Item 205.11).

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$250,000

234. Children's Trust Fund Commission

Appropriation (HB1027)

The purpose of this appropriation is to support the establishment of community-based educational and service programs

designed to reduce the occurrence of child abuse and neglect.

TOTAL STATE FUNDS

$6,944,828

$6,944,828

$7,244,828

State General Funds

$6,944,828

$6,944,828

$7,244,828

TOTAL FEDERAL FUNDS

$250,000

Temporary Assistance for Needy Families

$250,000

Temporary Assistance for Needy Families Block Grant CFDA

$250,000

93.558

TOTAL PUBLIC FUNDS

$6,944,828

$6,944,828

$7,494,828

Council on Aging

Continuation Budget

The purpose is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving

safe, healthy, independent and self-reliant lives.

TOTAL STATE FUNDS

$148,951

$148,951

$148,951

State General Funds

$148,951

$148,951

$148,951

TOTAL PUBLIC FUNDS

$148,951

$148,951

$148,951

Statewide Changes

235.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$5,810

$5,810

$5,810

Changes in the Size of the Program

235.2 Provide additional funds for operating expenses.

State General Funds

$20,000

$20,000

2800

JOURNAL OF THE SENATE

235. Council on Aging

Appropriation (HB1027)

The purpose of this appropriation is to assist older individuals, at-risk adults, persons with disabilities, their families and

caregivers in achieving safe, healthy, independent and self-reliant lives.

TOTAL STATE FUNDS

$154,761

$174,761

$174,761

State General Funds

$154,761

$174,761

$174,761

TOTAL PUBLIC FUNDS

$154,761

$174,761

$174,761

Developmental Disabilities, Governor's Council on

Continuation Budget

The purpose is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$29,241

$29,241

$29,241

State General Funds

$29,241

$29,241

$29,241

TOTAL FEDERAL FUNDS

$2,248,393

$2,248,393

$2,248,393

Federal Funds Not Itemized

$2,248,393

$2,248,393

$2,248,393

TOTAL PUBLIC FUNDS

$2,277,634

$2,277,634

$2,277,634

Statewide Changes

236.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$464

$464

$464

Federal Funds Not Itemized

$13,609

$13,609

$13,609

TOTAL PUBLIC FUNDS

$14,073

$14,073

$14,073

236. Developmental Disabilities, Governor's Council on

Appropriation (HB1027)

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and

their families.

TOTAL STATE FUNDS

$29,705

$29,705

$29,705

State General Funds

$29,705

$29,705

$29,705

TOTAL FEDERAL FUNDS

$2,262,002

$2,262,002

$2,262,002

Federal Funds Not Itemized

$2,262,002

$2,262,002

$2,262,002

TOTAL PUBLIC FUNDS

$2,291,707

$2,291,707

$2,291,707

Adolescent Health and Youth Development

Continuation Budget

The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility.

TOTAL STATE FUNDS

$2,950,573

$2,950,573

$2,950,573

State General Funds

$2,950,573

$2,950,573

$2,950,573

TOTAL FEDERAL FUNDS

$9,807,473

$9,807,473

$9,807,473

THURSDAY, MARCH 23, 2006

2801

Maternal & Child Health Services Block Grant CFDA93.994

$1,043,468

$1,043,468

$1,043,468

Medical Assistance Program CFDA93.778

$25,631

$25,631

$25,631

Temporary Assistance for Needy Families

$8,738,374

$8,738,374

$8,738,374

Temporary Assistance for Needy Families Block Grant CFDA

$8,738,374

$8,738,374

$8,738,374

93.558

TOTAL PUBLIC FUNDS

$12,758,046

$12,758,046

$12,758,046

Changes in Operations / Administration

965.1 Transfer all funds and activities to create the program "Chronic Disease Prevention & Health Promotion"

(G:YES)(H and S:Transfer to Adolescent & Adult Health Promotion).

State General Funds

($2,950,573)

($2,950,573)

($2,950,573)

Maternal & Child Health Services Block Grant CFDA93.994

($1,043,468)

($1,043,468)

($1,043,468)

Medical Assistance Program CFDA93.778

($25,631)

($25,631)

($25,631)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($8,738,374) ($8,738,374) ($8,738,374)

TOTAL PUBLIC FUNDS

($12,758,046) ($12,758,046) ($12,758,046)

Adoption Services and Supplements

Continuation Budget

The purpose is to support and facilitate the permanent placement of children in safe and stable homes by providing

financial assistance and supportive services.

TOTAL STATE FUNDS

$27,839,182

$27,839,182

$27,839,182

State General Funds

$27,839,182

$27,839,182

$27,839,182

TOTAL FEDERAL FUNDS

$25,557,784

$25,557,784

$25,557,784

Federal Funds Not Itemized

$21,257,784

$21,257,784

$21,257,784

Temporary Assistance for Needy Families

$4,300,000

$4,300,000

$4,300,000

Temporary Assistance for Needy Families Block Grant CFDA

$4,300,000

$4,300,000

$4,300,000

93.558

TOTAL AGENCY FUNDS

$561,732

$561,732

$561,732

Sales and Services

$561,732

$561,732

$561,732

Sales and Services Not Itemized

$561,732

$561,732

$561,732

TOTAL PUBLIC FUNDS

$53,958,698

$53,958,698

$53,958,698

Changes in Operations / Administration

966.1 Transfer all funds and activities to create the program "Adoption Services".

State General Funds

($27,839,182) ($27,839,182) ($27,839,182)

2802

JOURNAL OF THE SENATE

Federal Funds Not Itemized

($21,257,784) ($21,257,784) ($21,257,784)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($4,300,000) ($4,300,000) ($4,300,000)

Sales and Services Not Itemized

($561,732)

($561,732)

($561,732)

TOTAL PUBLIC FUNDS

($53,958,698) ($53,958,698) ($53,958,698)

Adult Protective Services

Continuation Budget

The purpose is to protect disabled adults and elder persons who are not residents of long term care facilities from situations

of domestic abuse, neglect and exploitation.

TOTAL STATE FUNDS

$8,166,693

$8,166,693

$8,166,693

State General Funds

$8,166,693

$8,166,693

$8,166,693

TOTAL FEDERAL FUNDS

$6,432,602

$6,432,602

$6,432,602

Medical Assistance Program CFDA93.778

$4,178,063

$4,178,063

$4,178,063

Social Services Block Grant CFDA 93.667

$2,254,539

$2,254,539

$2,254,539

TOTAL PUBLIC FUNDS

$14,599,295

$14,599,295

$14,599,295

Changes in Operations / Administration

967.1 Transfer all funds and activities to create the program "Elder Rights and Protection" (G:YES) (H and S:Transfer

to "Elder Abuse Investigation and Prevention")(S:House position).

State General Funds

($8,166,693)

($8,166,693)

($8,166,693)

Medical Assistance Program CFDA93.778

($4,178,063)

($4,178,063)

($4,178,063)

Social Services Block Grant CFDA 93.667

($2,254,539)

($2,254,539)

($2,254,539)

TOTAL PUBLIC FUNDS

($14,599,295) ($14,599,295) ($14,599,295)

Cancer Screening and Prevention

Continuation Budget

The purpose is to reduce the morbidity and mortality from breast or cervical cancer.

TOTAL STATE FUNDS

$6,261,931

$6,261,931

$6,261,931

State General Funds

$3,536,818

$3,536,818

$3,536,818

Tobacco Settlement Funds

$2,725,113

$2,725,113

$2,725,113

TOTAL PUBLIC FUNDS

$6,261,931

$6,261,931

$6,261,931

Changes in Operations / Administration

968.1 Transfer all funds and activities to create the program "Chronic Disease Prevention & Health Promotion"

(G:YES)(H and S:Transfer to "Adolescent & Adult Health Promotion")

State General Funds

($3,536,818)

($3,536,818)

($3,536,818)

Tobacco Settlement Funds

($2,725,113)

($2,725,113)

($2,725,113)

THURSDAY, MARCH 23, 2006

2803

TOTAL PUBLIC FUNDS

($6,261,931)

($6,261,931)

($6,261,931)

Child Care and Parent Services

Continuation Budget

The purpose is to permit low income families to be self-reliant while protecting the safety and well-being of their children

by ensuring access to child care.

TOTAL STATE FUNDS

$61,805,665

$61,805,665

$61,805,665

State General Funds

$61,805,665

$61,805,665

$61,805,665

TOTAL FEDERAL FUNDS

$124,387,121 $124,387,121 $124,387,121

Child Care & Development Block Grant CFDA93.575

$52,106,949

$52,106,949

$52,106,949

CCDF Mandatory & Matching Funds CFDA93.596

$32,580,082

$32,580,082

$32,580,082

Social Services Block Grant CFDA 93.667

$90

$90

$90

Temporary Assistance for Needy Families

$39,700,000

$39,700,000

$39,700,000

Temporary Assistance for Needy Families Block Grant CFDA

$10,000,000

$10,000,000

$10,000,000

93.558

TANF Transfers to Child Care Development Fund

$29,700,000

$29,700,000

$29,700,000

TOTAL AGENCY FUNDS

$832,728

$832,728

$832,728

Sales and Services

$832,728

$832,728

$832,728

Sales and Services Not Itemized

$832,728

$832,728

$832,728

TOTAL PUBLIC FUNDS

$187,025,514 $187,025,514 $187,025,514

Changes in Operations / Administration

969.1 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:Split into "Child

Care Services" and "After School Care" programs).

State General Funds

($61,805,665) ($61,805,665) ($61,805,665)

Child Care & Development Block Grant CFDA93.575

($52,106,949) ($52,106,949) ($52,106,949)

CCDF Mandatory & Matching Funds CFDA93.596

($32,580,082) ($32,580,082) ($32,580,082)

Social Services Block Grant CFDA 93.667

($90)

($90)

($90)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($10,000,000) ($10,000,000) ($10,000,000)

TANF Transfers to Child Care Development Fund

($29,700,000) ($29,700,000) ($29,700,000)

Sales and Services Not Itemized

($832,728)

($832,728)

($832,728)

TOTAL PUBLIC FUNDS

($187,025,514) ($187,025,514) ($187,025,514)

2804

JOURNAL OF THE SENATE

Children with Special Needs

Continuation Budget

The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities.

TOTAL STATE FUNDS

$21,243,613

$21,243,613

$21,243,613

State General Funds

$21,243,613

$21,243,613

$21,243,613

TOTAL FEDERAL FUNDS

$10,079,911

$10,079,911

$10,079,911

Federal Funds Not Itemized

$2,714,398

$2,714,398

$2,714,398

Maternal & Child Health Services Block Grant CFDA93.994

$7,292,025

$7,292,025

$7,292,025

Medical Assistance Program CFDA93.778

$19,308

$19,308

$19,308

Preventive Health & Health Services Block Grant CFDA93.991

$54,180

$54,180

$54,180

TOTAL PUBLIC FUNDS

$31,323,524

$31,323,524

$31,323,524

Changes in Operations / Administration

970.1 Transfer all funds and activities to create the program "Essential Public Health Clinical Services" (G:YES)(H and

S:Transfer to "Infant & Child Essential Health Services")

State General Funds

($21,243,613) ($21,243,613) ($21,243,613)

Federal Funds Not Itemized

($2,714,398)

($2,714,398)

($2,714,398)

Maternal & Child Health Services Block Grant CFDA93.994

($7,292,025)

($7,292,025)

($7,292,025)

Medical Assistance Program CFDA93.778

($19,308)

($19,308)

($19,308)

Preventive Health & Health Services Block Grant CFDA93.991

($54,180)

($54,180)

($54,180)

TOTAL PUBLIC FUNDS

($31,323,524) ($31,323,524) ($31,323,524)

Chronic Disease Reduction - Health Promotion

Continuation Budget

The purpose is to provide education and health promotion related to chronic diseases.

TOTAL STATE FUNDS

$1,694,590

$1,694,590

$1,694,590

State General Funds

$353,946

$353,946

$353,946

Tobacco Settlement Funds

$1,340,644

$1,340,644

$1,340,644

TOTAL PUBLIC FUNDS

$1,694,590

$1,694,590

$1,694,590

Changes in Operations / Administration

971.1 Transfer all funds and activities to create the program "Chronic Disease Prevention and Health Promotion"

(G:YES)(H and S:Transfer to "Infant and Child Health Promotion")

State General Funds

($353,946)

($353,946)

($353,946)

Tobacco Settlement Funds

($1,340,644)

($1,340,644)

($1,340,644)

TOTAL PUBLIC FUNDS

($1,694,590)

($1,694,590)

($1,694,590)

THURSDAY, MARCH 23, 2006

2805

Chronic Disease Treatment and Control

Continuation Budget

The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians.

TOTAL STATE FUNDS

$8,112,612

$8,112,612

$8,112,612

State General Funds

$4,565,157

$4,565,157

$4,565,157

Tobacco Settlement Funds

$3,547,455

$3,547,455

$3,547,455

TOTAL FEDERAL FUNDS

$1,210,877

$1,210,877

$1,210,877

Preventive Health & Health Services Block Grant CFDA93.991

$1,210,877

$1,210,877

$1,210,877

TOTAL PUBLIC FUNDS

$9,323,489

$9,323,489

$9,323,489

Changes in Operations / Administration

972.1 Transfer all funds and activities to create the program "Essential Public Health Clinical Services" (G:YES)(H and

S:Transfer to "Adult Essential Health Treatment Services")

State General Funds

($4,565,157)

($4,565,157)

($4,565,157)

Tobacco Settlement Funds

($3,547,455)

($3,547,455)

($3,547,455)

Preventive Health & Health Services Block Grant CFDA93.991

($1,210,877)

($1,210,877)

($1,210,877)

TOTAL PUBLIC FUNDS

($9,323,489)

($9,323,489)

($9,323,489)

Community Care Services Program

Continuation Budget

The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own

communities.

TOTAL STATE FUNDS

$50,458,653

$50,458,653

$50,458,653

State General Funds

$46,266,847

$46,266,847

$46,266,847

Tobacco Settlement Funds

$4,191,806

$4,191,806

$4,191,806

TOTAL FEDERAL FUNDS

$9,894,353

$9,894,353

$9,894,353

Medical Assistance Program CFDA93.778

$9,894,353

$9,894,353

$9,894,353

TOTAL PUBLIC FUNDS

$60,353,006

$60,353,006

$60,353,006

Changes in Operations / Administration

973.1 Transfer funds and activities to create the program "Home and Community Services" (G:YES)(H and S:Transfer

to "Elder Community Living Services").

State General Funds

($46,266,847) ($46,266,847) ($46,266,847)

Tobacco Settlement Funds

($4,191,806)

($4,191,806)

($4,191,806)

Medical Assistance Program CFDA93.778

($9,894,353)

($9,894,353)

($9,894,353)

TOTAL PUBLIC FUNDS

($60,353,006) ($60,353,006) ($60,353,006)

2806

JOURNAL OF THE SENATE

Community Services - Adult

Continuation Budget

The purpose is to support adults with serious mental illness, developmental disabilities and addictive diseases in gaining the

skills to live independently in the community while avoiding the need for hospitalization.

TOTAL STATE FUNDS

$317,453,030 $317,453,030 $317,453,030

State General Funds

$307,197,892 $307,197,892 $307,197,892

Tobacco Settlement Funds

$10,255,138

$10,255,138

$10,255,138

TOTAL FEDERAL FUNDS

$112,804,851 $112,804,851 $112,804,851

Community Mental Health Services Block Grant CFDA93.958

$7,474,598

$7,474,598

$7,474,598

Medical Assistance Program CFDA93.778

$17,873,979

$17,873,979

$17,873,979

Prevention & Treatment of Substance Abuse Block Grant

$26,315,435

$26,315,435

$26,315,435

CFDA93.959

Social Services Block Grant CFDA 93.667

$30,636,459

$30,636,459

$30,636,459

Temporary Assistance for Needy Families

$30,504,380

$30,504,380

$30,504,380

Temporary Assistance for Needy Families Block Grant CFDA

$27,016,392

$27,016,392

$27,016,392

93.558

TANF Transfers to Social Services Block Grant

$3,487,988

$3,487,988

$3,487,988

TOTAL PUBLIC FUNDS

$430,257,881 $430,257,881 $430,257,881

Changes in Operations / Administration

974.1 Transfer funds and activities to create the program "Adult Services" (G:YES)(H and S:Transfer to "Adult Mental

Health Services", "Adult Developmental Disabilities Services", and "Adult Addictive Diseases Services").

State General Funds

($307,197,892) ($307,197,892) ($307,197,892)

Tobacco Settlement Funds

($10,255,138) ($10,255,138) ($10,255,138)

Community Mental Health Services Block Grant CFDA93.958

($7,474,598)

($7,474,598)

($7,474,598)

Medical Assistance Program CFDA93.778

($17,873,979) ($17,873,979) ($17,873,979)

Prevention & Treatment of Substance Abuse Block Grant

($26,315,435) ($26,315,435) ($26,315,435)

CFDA93.959

Social Services Block Grant CFDA 93.667

($30,636,459) ($30,636,459) ($30,636,459)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($27,016,392) ($27,016,392) ($27,016,392)

TANF Transfers to Social Services Block Grant

($3,487,988)

($3,487,988)

($3,487,988)

TOTAL PUBLIC FUNDS

($430,257,881) ($430,257,881) ($430,257,881)

THURSDAY, MARCH 23, 2006

2807

Community Services - Child and Adolescent

Continuation Budget

The purpose is to help children and adolescents with serious emotional disturbances, developmental disabilities and

addictive diseases participate in everyday life in the community with family and friends to the fullest extent possible by

assisting them in gaining, keeping and improving community living skills.

TOTAL STATE FUNDS

$78,712,046

$78,712,046

$78,712,046

State General Funds

$78,712,046

$78,712,046

$78,712,046

TOTAL FEDERAL FUNDS

$22,950,333

$22,950,333

$22,950,333

Community Mental Health Services Block Grant CFDA93.958

$5,365,824

$5,365,824

$5,365,824

Medical Assistance Program CFDA93.778

$3,131,597

$3,131,597

$3,131,597

Prevention & Treatment of Substance Abuse Block Grant

$14,452,912

$14,452,912

$14,452,912

CFDA93.959

TOTAL PUBLIC FUNDS

$101,662,379 $101,662,379 $101,662,379

Changes in Operations / Administration

975.1 Transfer all funds and activities to create the program "Child & Adolescent Services" (G:YES)(H and S:Transfer

to "Child & Adolescent Developmental Disabilities", "Child & Adolescent Addictive Diseases Services", and

"Child & Adolescent Mental Health Services).

State General Funds

($78,712,046) ($78,712,046) ($78,712,046)

Community Mental Health Services Block Grant CFDA93.958

($5,365,824)

($5,365,824)

($5,365,824)

Medical Assistance Program CFDA93.778

($3,131,597)

($3,131,597)

($3,131,597)

Prevention & Treatment of Substance Abuse Block Grant

($14,452,912) ($14,452,912) ($14,452,912)

CFDA93.959

TOTAL PUBLIC FUNDS

($101,662,379) ($101,662,379) ($101,662,379)

Contracted Client Transportation Services

Continuation Budget

The purpose is to provide essential transportation services in a safe, efficient and responsive manner.

TOTAL STATE FUNDS

$4,172,324

$4,172,324

$4,172,324

State General Funds

$4,172,324

$4,172,324

$4,172,324

TOTAL FEDERAL FUNDS

$24,898,482

$24,898,482

$24,898,482

Federal Funds Not Itemized

$6,744,243

$6,744,243

$6,744,243

Social Services Block Grant CFDA 93.667

$9,687,026

$9,687,026

$9,687,026

Temporary Assistance for Needy Families

$8,467,213

$8,467,213

$8,467,213

2808

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant CFDA

$8,467,213

$8,467,213

$8,467,213

93.558

TOTAL PUBLIC FUNDS

$29,070,806

$29,070,806

$29,070,806

Changes in Operations / Administration

976.1 Transfer funds and activities to the program "Departmental Administration".

State General Funds

($4,172,324)

($4,172,324)

($4,172,324)

Federal Funds Not Itemized

($6,744,243)

($6,744,243)

($6,744,243)

Social Services Block Grant CFDA 93.667

($9,687,026)

($9,687,026)

($9,687,026)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($8,467,213) ($8,467,213) ($8,467,213)

TOTAL PUBLIC FUNDS

($29,070,806) ($29,070,806) ($29,070,806)

Departmental Administration (HB85)

Continuation Budget

The purpose is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS

$84,985,533

$84,985,533

$84,985,533

State General Funds

$84,654,193

$84,654,193

$84,654,193

Tobacco Settlement Funds

$331,340

$331,340

$331,340

TOTAL FEDERAL FUNDS

$78,206,511

$78,206,511

$78,206,511

Federal Funds Not Itemized

$2

$2

$2

Low-Income Home Energy Assistance CFDA93.568

$346,557

$346,557

$346,557

Medical Assistance Program CFDA93.778

$67,960,097

$67,960,097

$67,960,097

Preventive Health & Health Services Block Grant CFDA93.991

$31,070

$31,070

$31,070

Social Services Block Grant CFDA 93.667

$265,446

$265,446

$265,446

Temporary Assistance for Needy Families

$9,603,339

$9,603,339

$9,603,339

Temporary Assistance for Needy Families Block Grant CFDA

$9,603,339

$9,603,339

$9,603,339

93.558

TOTAL AGENCY FUNDS

$5,872,044

$5,872,044

$5,872,044

Sales and Services

$5,872,044

$5,872,044

$5,872,044

Sales and Services Not Itemized

$5,872,044

$5,872,044

$5,872,044

TOTAL PUBLIC FUNDS

$169,064,088 $169,064,088 $169,064,088

Changes in What Services are Offered

977.1 Transfer all activities and fund sources to a new program that includes Contracted Client Transportation.

State General Funds

($84,654,193) ($84,654,193) ($84,654,193)

THURSDAY, MARCH 23, 2006

2809

Tobacco Settlement Funds

($331,340)

($331,340)

($331,340)

Federal Funds Not Itemized

($2)

($2)

($2)

Low-Income Home Energy Assistance CFDA93.568

($346,557)

($346,557)

($346,557)

Medical Assistance Program CFDA93.778

($67,960,097) ($67,960,097) ($67,960,097)

Preventive Health & Health Services Block Grant CFDA93.991

($31,070)

($31,070)

($31,070)

Social Services Block Grant CFDA 93.667

($265,446)

($265,446)

($265,446)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($9,603,339) ($9,603,339) ($9,603,339)

Sales and Services Not Itemized

($5,872,044)

($5,872,044)

($5,872,044)

TOTAL PUBLIC FUNDS

($169,064,088) ($169,064,088) ($169,064,088)

Elder Abuse and Fraud Prevention

Continuation Budget

The purpose is to heighten awareness of abuse of older individuals in community settings and to provide or facilitate access

to programs and services for victims.

TOTAL STATE FUNDS

$4,744

$4,744

$4,744

State General Funds

$4,744

$4,744

$4,744

TOTAL FEDERAL FUNDS

$95,389

$95,389

$95,389

Federal Funds Not Itemized

$95,389

$95,389

$95,389

TOTAL PUBLIC FUNDS

$100,133

$100,133

$100,133

Changes in Operations / Administration

978.1 Transfer funds and activities to create the program "Elder Rights and Protection" (G:YES)(H and S:Transfer to

"Elder Abuse Investigation and Prevention").

State General Funds

($4,744)

($4,744)

($4,744)

Federal Funds Not Itemized

($95,389)

($95,389)

($95,389)

TOTAL PUBLIC FUNDS

($100,133)

($100,133)

($100,133)

Emergency Preparedness/Bioterrorism

Continuation Budget

The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies.

TOTAL STATE FUNDS

$2,566,602

$2,566,602

$2,566,602

State General Funds

$2,566,602

$2,566,602

$2,566,602

TOTAL PUBLIC FUNDS

$2,566,602

$2,566,602

$2,566,602

Changes in Operations / Administration

979.1 Transfer all funds and activities to "Emergency Preparedness/Trauma System Improvement"(H and S:YES).

State General Funds

($2,566,602)

($2,566,602)

($2,566,602)

2810

JOURNAL OF THE SENATE

Health Promotion and Disease Prevention (Wellness)

Continuation Budget

The purpose is to improve or maintain the functional ability and health status of elderly Georgians.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL FEDERAL FUNDS

$480,015

$480,015

$480,015

Federal Funds Not Itemized

$480,015

$480,015

$480,015

TOTAL PUBLIC FUNDS

$480,015

$480,015

$480,015

Changes in Operations / Administration

980.1 Transfer funds and activities to create the program "Home and Community Services" (G:YES)(H and S:Transfer

to "Elder Support Services").

Federal Funds Not Itemized

($480,015)

($480,015)

($480,015)

High Risk Pregnant Women and Infants

Continuation Budget

The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as

possible in their pregnancy.

TOTAL STATE FUNDS

$5,000,049

$5,000,049

$5,000,049

State General Funds

$5,000,049

$5,000,049

$5,000,049

TOTAL FEDERAL FUNDS

$130,000

$130,000

$130,000

Maternal & Child Health Services Block Grant CFDA93.994

$130,000

$130,000

$130,000

TOTAL PUBLIC FUNDS

$5,130,049

$5,130,049

$5,130,049

Changes in Operations / Administration

981.1 Transfer funds and activities to create the program "Essential Public Health Clinical Services" (G:YES) (H and

S:Transfer to "Infant & Child Essential Health Services" and "Infant & Child Health Promotion").

State General Funds

($5,000,049)

($5,000,049)

($5,000,049)

Maternal & Child Health Services Block Grant CFDA93.994

($130,000)

($130,000)

($130,000)

TOTAL PUBLIC FUNDS

($5,130,049)

($5,130,049)

($5,130,049)

HIV/AIDS

Continuation Budget

The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease.

TOTAL STATE FUNDS

$18,002,128

$18,002,128

$18,002,128

State General Funds

$16,775,461

$16,775,461

$16,775,461

Tobacco Settlement Funds

$1,226,667

$1,226,667

$1,226,667

TOTAL FEDERAL FUNDS

$6,879,211

$6,879,211

$6,879,211

Federal Funds Not Itemized

$6,795,345

$6,795,345

$6,795,345

THURSDAY, MARCH 23, 2006

2811

Maternal & Child Health Services Block Grant CFDA93.994

$83,866

$83,866

$83,866

TOTAL PUBLIC FUNDS

$24,881,339

$24,881,339

$24,881,339

Changes in Operations / Administration

982.1 Transfer funds and activities to create the program "Infectious Disease Control".

State General Funds

($16,775,461) ($16,775,461) ($16,775,461)

Tobacco Settlement Funds

($1,226,667)

($1,226,667)

($1,226,667)

Federal Funds Not Itemized

($6,795,345)

($6,795,345)

($6,795,345)

Maternal & Child Health Services Block Grant CFDA93.994

($83,866)

($83,866)

($83,866)

TOTAL PUBLIC FUNDS

($24,881,339) ($24,881,339) ($24,881,339)

Home and Community Based Services

Continuation Budget

The purpose is to support and assist older Georgians so that they may live in their homes and communities.

TOTAL STATE FUNDS

$23,126,355

$23,126,355

$23,126,355

State General Funds

$19,317,769

$19,317,769

$19,317,769

Tobacco Settlement Funds

$3,808,586

$3,808,586

$3,808,586

TOTAL FEDERAL FUNDS

$29,077,234

$29,077,234

$29,077,234

Federal Funds Not Itemized

$25,290,804

$25,290,804

$25,290,804

Social Services Block Grant CFDA 93.667

$3,786,430

$3,786,430

$3,786,430

TOTAL PUBLIC FUNDS

$52,203,589

$52,203,589

$52,203,589

Changes in Operations / Administration

983.1 Transfer funds and activities to create the program "Home and Community Services" (G:YES)(H and S:Transfer

to "Elder Support Services", "Elder Abuse Investigation and Prevention", and "Elder Community Living Services").

State General Funds

($19,317,769) ($19,317,769) ($19,317,769)

Tobacco Settlement Funds

($3,808,586)

($3,808,586)

($3,808,586)

Federal Funds Not Itemized

($25,290,804) ($25,290,804) ($25,290,804)

Social Services Block Grant CFDA 93.667

($3,786,430)

($3,786,430)

($3,786,430)

TOTAL PUBLIC FUNDS

($52,203,589) ($52,203,589) ($52,203,589)

Independent and Transitional Living Services

Continuation Budget

The purpose is to provide a systematic approach for transitioning eligible youth in foster care.

TOTAL STATE FUNDS

$629,235

$629,235

$629,235

State General Funds

$629,235

$629,235

$629,235

TOTAL FEDERAL FUNDS

$3,675,208

$3,675,208

$3,675,208

2812

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$1,593,827

$1,593,827

$1,593,827

Foster Care Title IV-E CFDA93.658

$2,081,381

$2,081,381

$2,081,381

TOTAL AGENCY FUNDS

$160,495

$160,495

$160,495

Sales and Services

$160,495

$160,495

$160,495

Sales and Services Not Itemized

$160,495

$160,495

$160,495

TOTAL PUBLIC FUNDS

$4,464,938

$4,464,938

$4,464,938

Changes in Operations / Administration

984.1 Transfer funds and activities to create the program "Child Welfare Services" (G:YES)(H and S:Transfer to "Out of

Home Care")(S:House position)

State General Funds

($629,235)

($629,235)

($629,235)

Federal Funds Not Itemized

($1,593,827)

($1,593,827)

($1,593,827)

Foster Care Title IV-E CFDA93.658

($2,081,381)

($2,081,381)

($2,081,381)

Sales and Services Not Itemized

($160,495)

($160,495)

($160,495)

TOTAL PUBLIC FUNDS

($4,464,938)

($4,464,938)

($4,464,938)

Infant and Child Health Services

Continuation Budget

The purpose is to provide leadership and resources to communities to improve the health and well being of infants and

children and their families.

TOTAL STATE FUNDS

$15,069,179

$15,069,179

$15,069,179

State General Funds

$13,069,179

$13,069,179

$13,069,179

Tobacco Settlement Funds

$2,000,000

$2,000,000

$2,000,000

TOTAL FEDERAL FUNDS

$7,378,280

$7,378,280

$7,378,280

Federal Funds Not Itemized

$254,938

$254,938

$254,938

Maternal & Child Health Services Block Grant CFDA93.994

$1,370,688

$1,370,688

$1,370,688

Medical Assistance Program CFDA93.778

$5,383,258

$5,383,258

$5,383,258

Preventive Health & Health Services Block Grant CFDA93.991

$369,396

$369,396

$369,396

TOTAL PUBLIC FUNDS

$22,447,459

$22,447,459

$22,447,459

Changes in Operations / Administration

985.1 Transfer funds and activities to create the program "Essential Public Health Clinical Services" (G:YES)(H and

S:Transfer to "Infant & Child Essential Health Services" and "Infant & Child Health Promotion").

State General Funds

($13,069,179) ($13,069,179) ($13,069,179)

Tobacco Settlement Funds

($2,000,000)

($2,000,000)

($2,000,000)

THURSDAY, MARCH 23, 2006

2813

Federal Funds Not Itemized

($254,938)

($254,938)

($254,938)

Maternal & Child Health Services Block Grant CFDA93.994

($1,370,688)

($1,370,688)

($1,370,688)

Medical Assistance Program CFDA93.778

($5,383,258)

($5,383,258)

($5,383,258)

Preventive Health & Health Services Block Grant CFDA93.991

($369,396)

($369,396)

($369,396)

TOTAL PUBLIC FUNDS

($22,447,459) ($22,447,459) ($22,447,459)

Laboratory Services

Continuation Budget

The purpose is to provide clinical and environmental testing necessary for public health programs, to assist in controlling

infectious diseases and to identify conditions such as metabolic diseases and disorders.

TOTAL STATE FUNDS

$10,179,952

$10,179,952

$10,179,952

State General Funds

$10,179,952

$10,179,952

$10,179,952

TOTAL FEDERAL FUNDS

$546,104

$546,104

$546,104

Medical Assistance Program CFDA93.778

$546,104

$546,104

$546,104

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$10,876,056

$10,876,056

$10,876,056

Changes in Operations / Administration

986.1 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion"

(G:YES)(H and S:Transfer to "Adolescent & Adult Health Promotion", "Infectious Disease Control",

"Epidemiology", "Departmental Administration", and "Inspections and Environmental Hazard Control").

State General Funds

($10,179,952) ($10,179,952) ($10,179,952)

Medical Assistance Program CFDA93.778

($546,104)

($546,104)

($546,104)

Sales and Services Not Itemized

($150,000)

($150,000)

($150,000)

TOTAL PUBLIC FUNDS

($10,876,056) ($10,876,056) ($10,876,056)

Out of Home Care (HB85)

Continuation Budget

The purpose is to provide safe and appropriate temporary substitute homes for children.

TOTAL STATE FUNDS

$148,321,478 $148,321,478 $148,321,478

State General Funds

$148,321,478 $148,321,478 $148,321,478

TOTAL FEDERAL FUNDS

$118,203,127 $118,203,127 $118,203,127

Federal Funds Not Itemized

$4,561,186

$4,561,186

$4,561,186

Foster Care Title IV-E CFDA93.658

$23,655,642

$23,655,642

$23,655,642

2814

JOURNAL OF THE SENATE

Medical Assistance Program CFDA93.778

$33,493,500

$33,493,500

$33,493,500

Social Services Block Grant CFDA 93.667

$3,600,000

$3,600,000

$3,600,000

Temporary Assistance for Needy Families

$52,892,799

$52,892,799

$52,892,799

Temporary Assistance for Needy Families Block Grant CFDA

$52,892,799

$52,892,799

$52,892,799

93.558

TOTAL AGENCY FUNDS

$32,925,589

$32,925,589

$32,925,589

Sales and Services

$32,925,589

$32,925,589

$32,925,589

Sales and Services Not Itemized

$32,925,589

$32,925,589

$32,925,589

TOTAL PUBLIC FUNDS

$299,450,194 $299,450,194 $299,450,194

Changes in Operations / Administration

987.1 Combine funds and activities with the "Independent and Transitional Living Services" program to form a new

program "Out of Home Care"(H and S:YES).

State General Funds

($148,321,478) ($148,321,478) ($148,321,478)

Federal Funds Not Itemized

($4,561,186)

($4,561,186)

($4,561,186)

Foster Care Title IV-E CFDA93.658

($23,655,642) ($23,655,642) ($23,655,642)

Medical Assistance Program CFDA93.778

($33,493,500) ($33,493,500) ($33,493,500)

Social Services Block Grant CFDA 93.667

($3,600,000)

($3,600,000)

($3,600,000)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($52,892,799) ($52,892,799) ($52,892,799)

Sales and Services Not Itemized

($32,925,589) ($32,925,589) ($32,925,589)

TOTAL PUBLIC FUNDS

($299,450,194) ($299,450,194) ($299,450,194)

Outdoor Therapeutic Program

Continuation Budget

The purpose is to serve children and youth with behavioral and/or emotional problems in therapeutic wilderness settings to

promote positive changes in behavior that results in improved functioning in daily life and strengthens family or substitute

family involvement and returns the child or adolescent to the community.

TOTAL STATE FUNDS

$3,294,177

$3,294,177

$3,294,177

State General Funds

$3,294,177

$3,294,177

$3,294,177

TOTAL FEDERAL FUNDS

$3,105

$3,105

$3,105

Medical Assistance Program CFDA93.778

$3,105

$3,105

$3,105

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$937,587

$937,587

$937,587

Agency to Agency Contracts

$937,587

$937,587

$937,587

TOTAL PUBLIC FUNDS

$4,234,869

$4,234,869

$4,234,869

THURSDAY, MARCH 23, 2006

2815

Changes in Operations / Administration

988.1 Transfer funds and activities to create the program, "Child and Adolescent Services"(G:YES)(H and S:Transfer to

"Child & Adolescent Mental Health Services" and "Child & Adolescent Forensic Services").

State General Funds

($3,294,177)

($3,294,177)

($3,294,177)

Medical Assistance Program CFDA93.778

($3,105)

($3,105)

($3,105)

Agency to Agency Contracts

($937,587)

($937,587)

($937,587)

TOTAL PUBLIC FUNDS

($4,234,869)

($4,234,869)

($4,234,869)

Post Adoption Services

Continuation Budget

The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families.

TOTAL STATE FUNDS

$1,890,746

$1,890,746

$1,890,746

State General Funds

$1,890,746

$1,890,746

$1,890,746

TOTAL FEDERAL FUNDS

$940,404

$940,404

$940,404

Federal Funds Not Itemized

$940,404

$940,404

$940,404

TOTAL PUBLIC FUNDS

$2,831,150

$2,831,150

$2,831,150

Changes in Operations / Administration

989.1 Transfer all funds and activities to create the program "Adoption Services".

State General Funds

($1,890,746)

($1,890,746)

($1,890,746)

Federal Funds Not Itemized

($940,404)

($940,404)

($940,404)

TOTAL PUBLIC FUNDS

($2,831,150)

($2,831,150)

($2,831,150)

Pre-Adoption Services

Continuation Budget

The purpose is to provide services that ensure the safe and appropriate placement of adoptable children.

TOTAL STATE FUNDS

$3,528,273

$3,528,273

$3,528,273

State General Funds

$3,528,273

$3,528,273

$3,528,273

TOTAL FEDERAL FUNDS

$1,872,356

$1,872,356

$1,872,356

Federal Funds Not Itemized

$1,872,356

$1,872,356

$1,872,356

TOTAL PUBLIC FUNDS

$5,400,629

$5,400,629

$5,400,629

Changes in Operations / Administration

990.1 Transfer all funds and activities to create the program "Adoption Services".

State General Funds

($3,528,273)

($3,528,273)

($3,528,273)

Federal Funds Not Itemized

($1,872,356)

($1,872,356)

($1,872,356)

TOTAL PUBLIC FUNDS

($5,400,629)

($5,400,629)

($5,400,629)

2816

JOURNAL OF THE SENATE

Refugee Health Program

Continuation Budget

The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care.

TOTAL STATE FUNDS

$3,656,336

$3,656,336

$3,656,336

State General Funds

$3,656,336

$3,656,336

$3,656,336

TOTAL FEDERAL FUNDS

$118,690

$118,690

$118,690

Federal Funds Not Itemized

$118,690

$118,690

$118,690

TOTAL PUBLIC FUNDS

$3,775,026

$3,775,026

$3,775,026

Changes in Operations / Administration

991.1 Transfer funds and activities to create the program "Infectious Disease Control" (G:YES)(H and S:Transfer to

"Adult Essential Health Treatment Services").

State General Funds

($3,656,336)

($3,656,336)

($3,656,336)

Federal Funds Not Itemized

($118,690)

($118,690)

($118,690)

TOTAL PUBLIC FUNDS

($3,775,026)

($3,775,026)

($3,775,026)

Regulatory Compliance

Continuation Budget

The purpose is to protect children receiving care outside of their own homes in child-caring institutions, outdoor

therapeutic programs, and child-placing agencies through licensing activities and regular inspections.

TOTAL STATE FUNDS

$22,387,123

$22,387,123

$22,387,123

State General Funds

$22,387,123

$22,387,123

$22,387,123

TOTAL FEDERAL FUNDS

$8,225,540

$8,225,540

$8,225,540

CCDF Mandatory & Matching Funds CFDA93.596

$780

$780

$780

Federal Funds Not Itemized

$6,533,524

$6,533,524

$6,533,524

Maternal & Child Health Services Block Grant CFDA93.994

$194,703

$194,703

$194,703

Medical Assistance Program CFDA93.778

$12,257

$12,257

$12,257

Preventive Health & Health Services Block Grant CFDA93.991

$1,484,276

$1,484,276

$1,484,276

TOTAL PUBLIC FUNDS

$30,612,663

$30,612,663

$30,612,663

Changes in Operations / Administration

992.1 Transfer funds and activities from to create the program "Emergency Preparedness and Response", " Facility &

Provider Regulation," and, "Environmental Protection & Hazard Control"(G:YES)(H and S:Transfer to

"Emergency Preparedness/Trauma System Improvement", "Facility and Provider Regulation", and "Inspections

and Environmental Hazard Control")

State General Funds

($22,387,123) ($22,387,123) ($22,387,123)

THURSDAY, MARCH 23, 2006

2817

CCDF Mandatory & Matching Funds CFDA93.596

($780)

($780)

($780)

Federal Funds Not Itemized

($6,533,524)

($6,533,524)

($6,533,524)

Maternal & Child Health Services Block Grant CFDA93.994

($194,703)

($194,703)

($194,703)

Medical Assistance Program CFDA93.778

($12,257)

($12,257)

($12,257)

Preventive Health & Health Services Block Grant CFDA93.991

($1,484,276)

($1,484,276)

($1,484,276)

TOTAL PUBLIC FUNDS

($30,612,663) ($30,612,663) ($30,612,663)

Sexually Transmitted Diseases Treatment and Control

Continuation Budget

The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health

screening, partner notification, and treatment.

TOTAL STATE FUNDS

$4,480,066

$4,480,066

$4,480,066

State General Funds

$4,480,066

$4,480,066

$4,480,066

TOTAL FEDERAL FUNDS

$2,297,423

$2,297,423

$2,297,423

Federal Funds Not Itemized

$2,297,423

$2,297,423

$2,297,423

TOTAL PUBLIC FUNDS

$6,777,489

$6,777,489

$6,777,489

Changes in Operations / Administration

993.1 Transfer funds and activities to create the program "Infectious Disease Control".

State General Funds

($4,480,066)

($4,480,066)

($4,480,066)

Federal Funds Not Itemized

($2,297,423)

($2,297,423)

($2,297,423)

TOTAL PUBLIC FUNDS

($6,777,489)

($6,777,489)

($6,777,489)

State Hospital Facilities

Continuation Budget

The purpose is to provide services that enhance functioning of consumers, including special therapies (speech, occupational

therapy, physical therapy, activity therapy), pharmacy, volunteer services, dental, x-ray, medical records, housekeeping,

laundry, lab, security, meal preparation, supplies, maintenance, and the fire safety.

TOTAL STATE FUNDS

$61,482,028

$61,482,028

$61,482,028

State General Funds

$61,482,028

$61,482,028

$61,482,028

TOTAL FEDERAL FUNDS

$5,720,524

$5,720,524

$5,720,524

Federal Funds Not Itemized

$5,720,524

$5,720,524

$5,720,524

TOTAL AGENCY FUNDS

$2,935,696

$2,935,696

$2,935,696

Sales and Services

$2,935,696

$2,935,696

$2,935,696

Sales and Services Not Itemized

$2,935,696

$2,935,696

$2,935,696

TOTAL PUBLIC FUNDS

$70,138,248

$70,138,248

$70,138,248

2818

JOURNAL OF THE SENATE

Changes in Operations / Administration

994.1 Transfer funds and activities to create the program "Adult Services" (G:YES)(H and S:Transfer to "Adult Forensic

Services" and "Adult Mental Health Services").

State General Funds

($61,482,028) ($61,482,028) ($61,482,028)

Federal Funds Not Itemized

($5,720,524)

($5,720,524)

($5,720,524)

Sales and Services Not Itemized

($2,935,696)

($2,935,696)

($2,935,696)

TOTAL PUBLIC FUNDS

($70,138,248) ($70,138,248) ($70,138,248)

State Hospital Facilities - Other Care

Continuation Budget

The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning.

TOTAL STATE FUNDS

$35,713,500

$35,713,500

$35,713,500

State General Funds

$35,713,500

$35,713,500

$35,713,500

TOTAL FEDERAL FUNDS

$161,867

$161,867

$161,867

Federal Funds Not Itemized

$161,867

$161,867

$161,867

TOTAL AGENCY FUNDS

$53,767,732

$53,767,732

$53,767,732

Sales and Services

$53,767,732

$53,767,732

$53,767,732

Sales and Services Not Itemized

$53,767,732

$53,767,732

$53,767,732

TOTAL PUBLIC FUNDS

$89,643,099

$89,643,099

$89,643,099

Changes in Operations / Administration

995.1 Transfer funds and activities to create the program "Adult Services" (G:YES)(H and S:.Transfer to "Adult

Developmental Disabilities Services" and "Child & Adolescent Mental Health Services").

State General Funds

($35,713,500) ($35,713,500) ($35,713,500)

Federal Funds Not Itemized

($161,867)

($161,867)

($161,867)

Sales and Services Not Itemized

($53,767,732) ($53,767,732) ($53,767,732)

TOTAL PUBLIC FUNDS

($89,643,099) ($89,643,099) ($89,643,099)

Tobacco Use Prevention

Continuation Budget

The purpose is to reduce the number of youth and adults who smoke, reduce exposure to secondhand smoke, and decrease

the occurrence of tobacco-related illness through prevention initiatives.

TOTAL STATE FUNDS

$2,211,034

$2,211,034

$2,211,034

State General Funds

$61,159

$61,159

$61,159

Tobacco Settlement Funds

$2,149,875

$2,149,875

$2,149,875

TOTAL PUBLIC FUNDS

$2,211,034

$2,211,034

$2,211,034

THURSDAY, MARCH 23, 2006

2819

Changes in Operations / Administration

996.1 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion"

(G:YES)(H and S:Transfer to "Adolescent & Adult Health Promotion").

State General Funds

($61,159)

($61,159)

($61,159)

Tobacco Settlement Funds

($2,149,875)

($2,149,875)

($2,149,875)

TOTAL PUBLIC FUNDS

($2,211,034)

($2,211,034)

($2,211,034)

Tuberculosis Treatment and Control

Continuation Budget

The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of

disease due to tuberculosis.

TOTAL STATE FUNDS

$7,404,277

$7,404,277

$7,404,277

State General Funds

$7,404,277

$7,404,277

$7,404,277

TOTAL FEDERAL FUNDS

$1,613,061

$1,613,061

$1,613,061

Federal Funds Not Itemized

$1,613,061

$1,613,061

$1,613,061

TOTAL PUBLIC FUNDS

$9,017,338

$9,017,338

$9,017,338

Changes in Operations / Administration

997.1 Transfer funds and activities to create the program "Infectious Disease Control" .

State General Funds

($7,404,277)

($7,404,277)

($7,404,277)

Federal Funds Not Itemized

($1,613,061)

($1,613,061)

($1,613,061)

TOTAL PUBLIC FUNDS

($9,017,338)

($9,017,338)

($9,017,338)

Women, Infants and Children

Continuation Budget

The purpose is an adjunct to prenatal and postpartum care during critical periods of growth.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL FEDERAL FUNDS

$84,978,869

$84,978,869

$84,978,869

Federal Funds Not Itemized

$84,978,869

$84,978,869

$84,978,869

TOTAL PUBLIC FUNDS

$84,978,869

$84,978,869

$84,978,869

Changes in Operations / Administration

998.1 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion"

(G:YES)(H and S:Transfer to "Infant & Child Health Promotion").

Federal Funds Not Itemized

($84,978,869) ($84,978,869) ($84,978,869)

Women's Health Services

Continuation Budget

The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants.

2820

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$8,910,650

$8,910,650

$8,910,650

State General Funds

$8,910,650

$8,910,650

$8,910,650

TOTAL FEDERAL FUNDS

$19,098,161

$19,098,161

$19,098,161

Federal Funds Not Itemized

$6,391,975

$6,391,975

$6,391,975

Maternal & Child Health Services Block Grant CFDA93.994

$470,537

$470,537

$470,537

Medical Assistance Program CFDA93.778

$335,432

$335,432

$335,432

Preventive Health & Health Services Block Grant CFDA93.991

$41,694

$41,694

$41,694

Temporary Assistance for Needy Families

$11,858,523

$11,858,523

$11,858,523

Temporary Assistance for Needy Families Block Grant CFDA

$11,858,523

$11,858,523

$11,858,523

93.558

TOTAL PUBLIC FUNDS

$28,008,811

$28,008,811

$28,008,811

Changes in Operations / Administration

999.1 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion" and

"Essential Public Health Clinical Services"(G:YES)(H and S:Transfer to "Adolescent & Adult Health Promotion"

and "Infant & Child Essential Health Services).

State General Funds

($8,910,650)

($8,910,650)

($8,910,650)

Federal Funds Not Itemized

($6,391,975)

($6,391,975)

($6,391,975)

Maternal & Child Health Services Block Grant CFDA93.994

($470,537)

($470,537)

($470,537)

Medical Assistance Program CFDA93.778

($335,432)

($335,432)

($335,432)

Preventive Health & Health Services Block Grant CFDA93.991

($41,694)

($41,694)

($41,694)

Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($11,858,523) ($11,858,523) ($11,858,523)

TOTAL PUBLIC FUNDS

($28,008,811) ($28,008,811) ($28,008,811)

All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of

need; such payments shall be made from the date of certification and not from the date of application; and the following

maximum benefits and maximum standards of need shall apply:

For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378.

THURSDAY, MARCH 23, 2006

2821

For an assistance group of six, the standards of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the Maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568.

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly

amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work

experience and subsidized employment.

Section 28: Insurance, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$16,814,408

$16,814,408

$16,814,408

State General Funds

$16,814,408

$16,814,408

$16,814,408

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

Federal Funds Not Itemized

$954,555

$954,555

$954,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$17,850,908

$17,850,908

$17,850,908

Section Total - Final

TOTAL STATE FUNDS

$17,686,741

$17,686,741

$17,686,741

State General Funds

$17,686,741

$17,686,741

$17,686,741

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

Federal Funds Not Itemized

$954,555

$954,555

$954,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$97,232

$97,232

$97,232

TOTAL PUBLIC FUNDS

$18,738,528

$18,738,528

$18,738,528

Departmental Administration

Continuation Budget

The purpose is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions

and maintain a fire safe environment.

TOTAL STATE FUNDS

$2,203,831

$2,203,831

$2,203,831

State General Funds

$2,203,831

$2,203,831

$2,203,831

TOTAL PUBLIC FUNDS

$2,203,831

$2,203,831

$2,203,831

Statewide Changes

2822

JOURNAL OF THE SENATE

237.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$92,105

$92,105

$92,105

237. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and

industrial loan transactions and maintain a fire safe environment.

TOTAL STATE FUNDS

$2,295,936

$2,295,936

$2,295,936

State General Funds

$2,295,936

$2,295,936

$2,295,936

TOTAL PUBLIC FUNDS

$2,295,936

$2,295,936

$2,295,936

Enforcement

Continuation Budget

The purpose is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of

state law relating to insurance, industrial loan, fire safety and fraud.

TOTAL STATE FUNDS

$767,482

$767,482

$767,482

State General Funds

$767,482

$767,482

$767,482

TOTAL PUBLIC FUNDS

$767,482

$767,482

$767,482

Statewide Changes

238.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$44,748

$44,748

$44,748

238. Enforcement

Appropriation (HB1027)

The purpose of this appropriation is to provide legal advice and to initiate legal proceedings with regard to enforcement of

specific provisions of state law relating to insurance, industrial loan, fire safety and fraud.

TOTAL STATE FUNDS

$812,230

$812,230

$812,230

State General Funds

$812,230

$812,230

$812,230

TOTAL PUBLIC FUNDS

$812,230

$812,230

$812,230

Fire Safety

Continuation Budget

The purpose is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and

property.

TOTAL STATE FUNDS

$4,955,173

$4,955,173

$4,955,173

State General Funds

$4,955,173

$4,955,173

$4,955,173

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

Federal Funds Not Itemized

$954,555

$954,555

$954,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,945

$81,945

$81,945

THURSDAY, MARCH 23, 2006

2823

Agency to Agency Contracts

$81,945

$81,945

$81,945

TOTAL PUBLIC FUNDS

$5,991,673

$5,991,673

$5,991,673

Statewide Changes

239.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$179,558

$179,558

$179,558

Agency to Agency Contracts

$15,287

$15,287

$15,287

TOTAL PUBLIC FUNDS

$194,845

$194,845

$194,845

239. Fire Safety

Appropriation (HB1027)

The purpose of this appropriation is to create a fire safe environment in the state that protects the public from fire and

limits the loss of life and property.

TOTAL STATE FUNDS

$5,134,731

$5,134,731

$5,134,731

State General Funds

$5,134,731

$5,134,731

$5,134,731

TOTAL FEDERAL FUNDS

$954,555

$954,555

$954,555

Federal Funds Not Itemized

$954,555

$954,555

$954,555

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$97,232

$97,232

$97,232

Agency to Agency Contracts

$97,232

$97,232

$97,232

TOTAL PUBLIC FUNDS

$6,186,518

$6,186,518

$6,186,518

Industrial Loan

Continuation Budget

The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans

of $3,000 or less.

TOTAL STATE FUNDS

$688,827

$688,827

$688,827

State General Funds

$688,827

$688,827

$688,827

TOTAL PUBLIC FUNDS

$688,827

$688,827

$688,827

Statewide Changes

240.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$34,299

$34,299

$34,299

240. Industrial Loan

Appropriation (HB1027)

The purpose of this appropriation is to protect consumers by licensing, regulating and examining finance companies that

provide consumer loans of $3,000 or less.

TOTAL STATE FUNDS

$723,126

$723,126

$723,126

State General Funds

$723,126

$723,126

$723,126

2824

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$723,126

$723,126

$723,126

Insurance Regulation

Continuation Budget

The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules,

regulations, and standards.

TOTAL STATE FUNDS

$5,396,059

$5,396,059

$5,396,059

State General Funds

$5,396,059

$5,396,059

$5,396,059

TOTAL PUBLIC FUNDS

$5,396,059

$5,396,059

$5,396,059

Statewide Changes

241.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$221,895

$221,895

$221,895

241. Insurance Regulation

Appropriation (HB1027)

The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency, comply with state law and

adopt rules, regulations, and standards.

TOTAL STATE FUNDS

$5,617,954

$5,617,954

$5,617,954

State General Funds

$5,617,954

$5,617,954

$5,617,954

TOTAL PUBLIC FUNDS

$5,617,954

$5,617,954

$5,617,954

Special Fraud

Continuation Budget

The purpose is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS

$2,803,036

$2,803,036

$2,803,036

State General Funds

$2,803,036

$2,803,036

$2,803,036

TOTAL PUBLIC FUNDS

$2,803,036

$2,803,036

$2,803,036

Statewide Changes

242.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$102,764

$102,764

$102,764

Changes in the Size of the Program

242.2 Increase funding.

State General Funds

$196,964

$196,964

$196,964

242. Special Fraud

Appropriation (HB1027)

The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS

$3,102,764

$3,102,764

$3,102,764

State General Funds

$3,102,764

$3,102,764

$3,102,764

THURSDAY, MARCH 23, 2006

2825

TOTAL PUBLIC FUNDS

$3,102,764

$3,102,764

$3,102,764

Section 29: Investigation, Georgia Bureau of

Section Total - Continuation

TOTAL STATE FUNDS

$62,410,151

$62,410,151

$62,410,151

State General Funds

$62,410,151

$62,410,151

$62,410,151

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$29,876,675

Federal Funds Not Itemized

$29,876,675

$29,876,675

$29,876,675

TOTAL AGENCY FUNDS

$4,671,438

$4,671,438

$4,671,438

Sales and Services

$4,671,438

$4,671,438

$4,671,438

TOTAL PUBLIC FUNDS

$96,958,264

$96,958,264

$96,958,264

Section Total - Final

TOTAL STATE FUNDS

$65,891,012

$65,603,386

$67,876,672

State General Funds

$65,891,012

$65,603,386

$67,876,672

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$59,775,752

Federal Funds Not Itemized

$29,876,675

$29,876,675

$59,775,752

TOTAL AGENCY FUNDS

$4,887,711

$4,887,711

$8,949,075

Sales and Services

$4,887,711

$4,887,711

$8,949,075

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$13,453

TOTAL PUBLIC FUNDS

$100,655,398 $100,367,772 $136,614,952

Bureau Administration

Continuation Budget

The purpose is to provide the highest quality investigative, scientific, information services, and resources for the purpose of

maintaining law and order and protecting life and property.

TOTAL STATE FUNDS

$9,463,895

$9,463,895

$9,463,895

State General Funds

$9,463,895

$9,463,895

$9,463,895

TOTAL PUBLIC FUNDS

$9,463,895

$9,463,895

$9,463,895

Statewide Changes

243.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$170,182

$170,182

$170,182

Sales and Services Not Itemized

$1,434

$1,434

$1,434

TOTAL PUBLIC FUNDS

$171,616

$171,616

$171,616

Changes in How the Program is Funded

243.2 Add funds to properly reflect operating budget represented in HB1026.

2826

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$103,000

243. Bureau Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and

resources for the purpose of maintaining law and order and protecting life and property.

TOTAL STATE FUNDS

$9,634,077

$9,634,077

$9,634,077

State General Funds

$9,634,077

$9,634,077

$9,634,077

TOTAL FEDERAL FUNDS

$103,000

Federal Funds Not Itemized

$103,000

TOTAL AGENCY FUNDS

$1,434

$1,434

$1,434

Sales and Services

$1,434

$1,434

$1,434

Sales and Services Not Itemized

$1,434

$1,434

$1,434

TOTAL PUBLIC FUNDS

$9,635,511

$9,635,511

$9,738,511

Centralized Scientific Services

Continuation Budget

The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS

$12,160,701

$12,160,701

$12,160,701

State General Funds

$12,160,701

$12,160,701

$12,160,701

TOTAL PUBLIC FUNDS

$12,160,701

$12,160,701

$12,160,701

Statewide Changes

244.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$444,850

$444,850

$444,850

Sales and Services Not Itemized

$3,601

$3,601

$3,601

TOTAL PUBLIC FUNDS

$448,451

$448,451

$448,451

Changes in How the Program is Funded

244.2 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$714,872

TOTAL PUBLIC FUNDS

$714,872

244. Centralized Scientific Services

Appropriation (HB1027)

The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris

evidence.

TOTAL STATE FUNDS

$12,605,551

$12,605,551

$12,605,551

State General Funds

$12,605,551

$12,605,551

$12,605,551

THURSDAY, MARCH 23, 2006

2827

TOTAL FEDERAL FUNDS

$714,872

Federal Funds Not Itemized

$714,872

TOTAL AGENCY FUNDS

$3,601

$3,601

$3,601

Sales and Services

$3,601

$3,601

$3,601

Sales and Services Not Itemized

$3,601

$3,601

$3,601

TOTAL PUBLIC FUNDS

$12,609,152

$12,609,152

$13,324,024

Criminal Justice Information Services

Continuation Budget

The purpose is to provide fingerprint identification and processing of criminal history source documents to create and

update criminal history records.

TOTAL STATE FUNDS

$9,252,470

$9,252,470

$9,252,470

State General Funds

$9,252,470

$9,252,470

$9,252,470

TOTAL PUBLIC FUNDS

$9,252,470

$9,252,470

$9,252,470

Statewide Changes

245.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$321,914

$321,914

$321,914

Sales and Services Not Itemized

$2,604

$2,604

$2,604

TOTAL PUBLIC FUNDS

$324,518

$324,518

$324,518

Changes in How the Program is Funded

245.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$14,248,099

TOTAL PUBLIC FUNDS

$14,248,099

Changes in the Size of the Program

245.2 Provide funds to maintain the Uniform Crime Reporting (UCR) Unit.

State General Funds

$184,250

$184,250

$184,250

245. Criminal Justice Information Services

Appropriation (HB1027)

The purpose of this appropriation is to provide fingerprint identification and processing of criminal history source

documents to create and update criminal history records.

TOTAL STATE FUNDS

$9,758,634

$9,758,634

$9,758,634

State General Funds

$9,758,634

$9,758,634

$9,758,634

TOTAL FEDERAL FUNDS

$14,248,099

Federal Funds Not Itemized

$14,248,099

2828

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$2,604

$2,604

$2,604

Sales and Services

$2,604

$2,604

$2,604

Sales and Services Not Itemized

$2,604

$2,604

$2,604

TOTAL PUBLIC FUNDS

$9,761,238

$9,761,238

$24,009,337

Georgia Information Sharing and Analysis Center

Continuation Budget

The purpose is to assist all officials and agencies of the criminal justice system in the fulfillment of their varied

responsibilities on a statewide basis by providing round-the-clock access to needed information.

TOTAL STATE FUNDS

$775,258

$775,258

$775,258

State General Funds

$775,258

$775,258

$775,258

TOTAL PUBLIC FUNDS

$775,258

$775,258

$775,258

Statewide Changes

246.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$42,916

$42,916

$42,916

Sales and Services Not Itemized

$479

$479

$479

TOTAL PUBLIC FUNDS

$43,395

$43,395

$43,395

Changes to the Purpose or the Purpose Measure

246.2 SAC: The purpose of this appropriation is to serve as the focal point for collection, analysis and dissemination of

information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens,

or infrastructure.

House: The purpose of this appropriation is to serve as the focal point for collection, analysis and dissemination of

information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens,

or infrastructure.

State General Funds

$0

$0

Changes in How the Program is Funded

246.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,080,476

TOTAL PUBLIC FUNDS

$1,080,476

246. Georgia Information Sharing and Analysis Center

Appropriation (HB1027)

The purpose of this appropriation is to serve as the focal point for collection, analysis and dissemination of information

relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens, or infrastructure.

TOTAL STATE FUNDS

$818,174

$818,174

$818,174

THURSDAY, MARCH 23, 2006

2829

State General Funds

$818,174

$818,174

$818,174

TOTAL FEDERAL FUNDS

$1,080,476

Federal Funds Not Itemized

$1,080,476

TOTAL AGENCY FUNDS

$479

$479

$479

Sales and Services

$479

$479

$479

Sales and Services Not Itemized

$479

$479

$479

TOTAL PUBLIC FUNDS

$818,653

$818,653

$1,899,129

Regional Forensic Services

Continuation Budget

The purpose is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS

$7,926,106

$7,926,106

$7,926,106

State General Funds

$7,926,106

$7,926,106

$7,926,106

TOTAL PUBLIC FUNDS

$7,926,106

$7,926,106

$7,926,106

Statewide Changes

247.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$289,560

$289,560

$289,560

Sales and Services Not Itemized

$2,255

$2,255

$2,255

TOTAL PUBLIC FUNDS

$291,815

$291,815

$291,815

247. Regional Forensic Services

Appropriation (HB1027)

The purpose of this appropriation is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS

$8,215,666

$8,215,666

$8,215,666

State General Funds

$8,215,666

$8,215,666

$8,215,666

TOTAL AGENCY FUNDS

$2,255

$2,255

$2,255

Sales and Services

$2,255

$2,255

$2,255

Sales and Services Not Itemized

$2,255

$2,255

$2,255

TOTAL PUBLIC FUNDS

$8,217,921

$8,217,921

$8,217,921

Regional Investigative Services

Continuation Budget

The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS

$19,213,518

$19,213,518

$19,213,518

State General Funds

$19,213,518

$19,213,518

$19,213,518

TOTAL PUBLIC FUNDS

$19,213,518

$19,213,518

$19,213,518

Statewide Changes

2830

JOURNAL OF THE SENATE

248.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$735,377

$735,377

$735,377

Sales and Services Not Itemized

$5,999

$5,999

$5,999

TOTAL PUBLIC FUNDS

$741,376

$741,376

$741,376

Changes in Operations / Administration

248.4 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for

the following law enforcement personnel: Special Agent 3 positions.(S:Add Special Agents 1, Special Agents 2,

ASAC/Multi-Jurisdictional Task Force, and Narcotics Agents)

State General Funds

$112,374

$190,579

Changes in How the Program is Funded

248.2 Replace state funds for applicant polygraph testing in the Polygraph Unit with revenues generated from fee-for-

service collections.

State General Funds

($198,483)

($198,483)

($198,483)

Sales and Services Not Itemized

$198,483

$198,483

$198,483

TOTAL PUBLIC FUNDS

$0

$0

$0

248.5 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,445,886

Agency to Agency Contracts

$13,453

TOTAL PUBLIC FUNDS

$1,459,339

Changes in the Size of the Program

248.3 Establish the Meth Force to investigate methamphetamine-related crimes by funding an agent school to fill fifteen

agent vacancies and associated operating expenses.

State General Funds

$1,018,090

$1,018,090

$1,018,090

248. Regional Investigative Services

Appropriation (HB1027)

The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene

examinations.

TOTAL STATE FUNDS

$20,768,502

$20,880,876

$20,959,081

State General Funds

$20,768,502

$20,880,876

$20,959,081

TOTAL FEDERAL FUNDS

$1,445,886

Federal Funds Not Itemized

$1,445,886

TOTAL AGENCY FUNDS

$204,482

$204,482

$204,482

THURSDAY, MARCH 23, 2006

2831

Sales and Services

$204,482

$204,482

$204,482

Sales and Services Not Itemized

$204,482

$204,482

$204,482

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$13,453

Agency to Agency Contracts

$13,453

TOTAL PUBLIC FUNDS

$20,972,984

$21,085,358

$22,622,902

Special Operations Unit

Continuation Budget

Personnel respond on a statewide basis in order to render safe explosive devices of all types. Members of the unit also

assist in the identification, arrest and prosecution of individuals.

TOTAL STATE FUNDS

$673,951

$673,951

$673,951

State General Funds

$673,951

$673,951

$673,951

TOTAL PUBLIC FUNDS

$673,951

$673,951

$673,951

Statewide Changes

249.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$25,203

$25,203

$25,203

Sales and Services Not Itemized

$200

$200

$200

TOTAL PUBLIC FUNDS

$25,403

$25,403

$25,403

Changes to the Purpose or the Purpose Measure

249.2 SAC: The purpose of this appropriation is to render safe explosive devices of all types.

House: The purpose of this appropriation is to render safe explosive devices of all types.

State General Funds

$0

$0

Changes in How the Program is Funded

249.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$3,696,148

249. Special Operations Unit

Appropriation (HB1027)

The purpose of this appropriation is to render safe explosive devices of all types.

TOTAL STATE FUNDS

$699,154

$699,154

$699,154

State General Funds

$699,154

$699,154

$699,154

TOTAL FEDERAL FUNDS

$3,696,148

Federal Funds Not Itemized

$3,696,148

TOTAL AGENCY FUNDS

$200

$200

$200

Sales and Services

$200

$200

$200

2832

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$200

$200

$200

TOTAL PUBLIC FUNDS

$699,354

$699,354

$4,395,502

State Healthcare Fraud Unit

Continuation Budget

The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

TOTAL STATE FUNDS

$1,092,276

$1,092,276

$1,092,276

State General Funds

$1,092,276

$1,092,276

$1,092,276

TOTAL PUBLIC FUNDS

$1,092,276

$1,092,276

$1,092,276

Statewide Changes

250.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$31,845

$31,845

$31,845

Sales and Services Not Itemized

$387

$387

$387

TOTAL PUBLIC FUNDS

$32,232

$32,232

$32,232

Changes in How the Program is Funded

250.2 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,305,438

Sales and Services Not Itemized

$20,364

TOTAL PUBLIC FUNDS

$1,325,802

250. State Healthcare Fraud Unit

Appropriation (HB1027)

The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the

Medicaid Program.

TOTAL STATE FUNDS

$1,124,121

$1,124,121

$1,124,121

State General Funds

$1,124,121

$1,124,121

$1,124,121

TOTAL FEDERAL FUNDS

$1,305,438

Federal Funds Not Itemized

$1,305,438

TOTAL AGENCY FUNDS

$387

$387

$20,751

Sales and Services

$387

$387

$20,751

Sales and Services Not Itemized

$387

$387

$20,751

TOTAL PUBLIC FUNDS

$1,124,508

$1,124,508

$2,450,310

Task Forces

Continuation Budget

The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

TOTAL STATE FUNDS

$1,033,347

$1,033,347

$1,033,347

THURSDAY, MARCH 23, 2006

2833

State General Funds

$1,033,347

$1,033,347

$1,033,347

TOTAL PUBLIC FUNDS

$1,033,347

$1,033,347

$1,033,347

Statewide Changes

251.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$42,207

$42,207

$42,207

Sales and Services Not Itemized

$376

$376

$376

TOTAL PUBLIC FUNDS

$42,583

$42,583

$42,583

Changes in How the Program is Funded

251.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$151,627

Changes in What Services are Offered

251.2 Eliminate the High-Intensity Drug Trafficking Area (HIDTA) program, including two positions, which duplicates

existing local government efforts.

State General Funds

($91,877)

($91,877)

($91,877)

251. Task Forces

Appropriation (HB1027)

The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug

task forces.

TOTAL STATE FUNDS

$983,677

$983,677

$983,677

State General Funds

$983,677

$983,677

$983,677

TOTAL FEDERAL FUNDS

$151,627

Federal Funds Not Itemized

$151,627

TOTAL AGENCY FUNDS

$376

$376

$376

Sales and Services

$376

$376

$376

Sales and Services Not Itemized

$376

$376

$376

TOTAL PUBLIC FUNDS

$984,053

$984,053

$1,135,680

Criminal Justice Coordinating Council

Continuation Budget

The purpose is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure

communities, and to award grants from the Local Law Enforcement and Firefighter Fund.

TOTAL STATE FUNDS

$818,629

$818,629

$818,629

State General Funds

$818,629

$818,629

$818,629

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$29,876,675

2834

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$29,876,675

$29,876,675

$29,876,675

TOTAL AGENCY FUNDS

$4,671,438

$4,671,438

$4,671,438

Sales and Services

$4,671,438

$4,671,438

$4,671,438

Sales and Services Not Itemized

$4,671,438

$4,671,438

$4,671,438

TOTAL PUBLIC FUNDS

$35,366,742

$35,366,742

$35,366,742

Statewide Changes

252.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$32,082

$32,082

$32,082

Sales and Services Not Itemized

$455

$455

$455

TOTAL PUBLIC FUNDS

$32,537

$32,537

$32,537

Changes in What Services are Offered

252.2 Establish a DUI Court grant program to reduce repeat drunk driving offenses.

State General Funds

$400,000

$0

$100,000

Changes in the Size of the Program

252.3 Increase funds to leverage Federal grant money to be administered in the State.

State General Funds

$32,745

$32,745

$32,745

252.4 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$7,153,531

Sales and Services Not Itemized

$4,041,000

TOTAL PUBLIC FUNDS

$11,194,531

252.5 Transfer Victims of Domestic Violence from Judicial Council.

State General Funds

$2,095,081

252. Criminal Justice Coordinating Council

Appropriation (HB1027)

The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe

and secure communities, and to award grants from the Local Law Enforcement and Firefighter Fund.

TOTAL STATE FUNDS

$1,283,456

$883,456

$3,078,537

State General Funds

$1,283,456

$883,456

$3,078,537

TOTAL FEDERAL FUNDS

$29,876,675

$29,876,675

$37,030,206

Federal Funds Not Itemized

$29,876,675

$29,876,675

$37,030,206

TOTAL AGENCY FUNDS

$4,671,893

$4,671,893

$8,712,893

Sales and Services

$4,671,893

$4,671,893

$8,712,893

THURSDAY, MARCH 23, 2006

2835

Sales and Services Not Itemized

$4,671,893

$4,671,893

$8,712,893

TOTAL PUBLIC FUNDS

$35,832,024

$35,432,024

$48,821,636

Section 30: Juvenile Justice, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$284,564,467 $284,564,467 $284,564,467

State General Funds

$284,564,467 $284,564,467 $284,564,467

TOTAL FEDERAL FUNDS

$21,119,067

$21,119,067

$21,119,067

Federal Funds Not Itemized

$6,748,847

$6,748,847

$6,748,847

Foster Care Title IV-E CFDA93.658

$5,237,264

$5,237,264

$5,237,264

Medical Assistance Program CFDA93.778

$9,132,956

$9,132,956

$9,132,956

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$144,960

$144,960

$144,960

TOTAL PUBLIC FUNDS

$305,828,494 $305,828,494 $305,828,494

Section Total - Final

TOTAL STATE FUNDS

$296,512,793 $297,395,189 $297,007,111

State General Funds

$296,512,793 $297,395,189 $297,007,111

TOTAL FEDERAL FUNDS

$21,119,144

$21,119,144

$32,760,948

Federal Funds Not Itemized

$6,748,924

$6,748,924

$18,344,140

Foster Care Title IV-E CFDA93.658

$5,237,264

$5,237,264

$5,237,264

Medical Assistance Program CFDA93.778

$9,132,956

$9,132,956

$9,179,544

TOTAL AGENCY FUNDS

$48,962

$48,962

$71,967

Sales and Services

$48,962

$48,962

$71,967

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$144,960

$144,960

$545,744

TOTAL PUBLIC FUNDS

$317,825,859 $318,708,255 $330,385,770

Community Supervision

Continuation Budget

The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding

citizens.

TOTAL STATE FUNDS

$36,202,265

$36,202,265

$36,202,265

State General Funds

$36,202,265

$36,202,265

$36,202,265

TOTAL FEDERAL FUNDS

$4,347,003

$4,347,003

$4,347,003

Foster Care Title IV-E CFDA93.658

$4,291,027

$4,291,027

$4,291,027

Medical Assistance Program CFDA93.778

$55,976

$55,976

$55,976

TOTAL PUBLIC FUNDS

$40,549,268

$40,549,268

$40,549,268

2836

JOURNAL OF THE SENATE

Statewide Changes

253.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,280,615

$1,280,615

$1,280,615

Sales and Services Not Itemized

$7,898

$7,898

$7,898

TOTAL PUBLIC FUNDS

$1,288,513

$1,288,513

$1,288,513

Changes in How the Program is Funded

253.5 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,067,024

TOTAL PUBLIC FUNDS

$1,067,024

Changes in the Size of the Program

253.2 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral

health.

State General Funds

($74,514)

($74,514)

($74,514)

253.3 Add sixty-seven Juvenile Probation and Parole Specialist positions to improve community-based services and

reduce caseloads.

State General Funds

$3,214,336

$3,214,336

$3,214,336

253.4 Expand the Intensive Supervision Program by providing thirty additional staff to offer increased monitoring and

rehabilitative services to youth placed in community settings.(S:Delay positions until January 1,2007)

State General Funds

$1,306,663

$1,306,663

$606,663

253. Community Supervision

Appropriation (HB1027)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in

becoming law-abiding citizens.

TOTAL STATE FUNDS

$41,929,365

$41,929,365

$41,229,365

State General Funds

$41,929,365

$41,929,365

$41,229,365

TOTAL FEDERAL FUNDS

$4,347,003

$4,347,003

$5,414,027

Federal Funds Not Itemized

$1,067,024

Foster Care Title IV-E CFDA93.658

$4,291,027

$4,291,027

$4,291,027

Medical Assistance Program CFDA93.778

$55,976

$55,976

$55,976

TOTAL AGENCY FUNDS

$7,898

$7,898

$7,898

Sales and Services

$7,898

$7,898

$7,898

Sales and Services Not Itemized

$7,898

$7,898

$7,898

THURSDAY, MARCH 23, 2006

2837

TOTAL PUBLIC FUNDS

$46,284,266

$46,284,266

$46,651,290

Departmental Administration

Continuation Budget

The purpose is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions

through the delivery of effective services in appropriate settings.

TOTAL STATE FUNDS

$26,168,662

$26,168,662

$26,168,662

State General Funds

$26,168,662

$26,168,662

$26,168,662

TOTAL FEDERAL FUNDS

$198,219

$198,219

$198,219

Federal Funds Not Itemized

$177,621

$177,621

$177,621

Medical Assistance Program CFDA93.778

$20,598

$20,598

$20,598

TOTAL PUBLIC FUNDS

$26,366,881

$26,366,881

$26,366,881

Statewide Changes

254.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$680,706

$680,706

$680,706

Sales and Services Not Itemized

$4,333

$4,333

$4,333

TOTAL PUBLIC FUNDS

$685,039

$685,039

$685,039

Changes in Operations / Administration

254.5 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for

the following positions: Juvenile Correction Officer 1 and Juvenile Correction Officer 2.(S:Add Juvenile

Probation/Parole Specialists 1, Juvenile Probation/Parole Specialists 2, and Transfer Officers)

State General Funds

$882,396

$1,144,318

Changes in How the Program is Funded

254.6 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$2,586,606

Medical Assistance Program CFDA93.778

$46,588

Sales and Services Not Itemized

$9,905

TOTAL PUBLIC FUNDS

$2,643,099

Changes in the Size of the Program

254.2 Transfer contract inflation adjustment and other funds from Community Non-Secure Services to reflect actual

program expenditures.

State General Funds

$177,557

$177,557

$177,557

254.3 Reduce funds.

2838

JOURNAL OF THE SENATE

State General Funds

($300,000)

($300,000)

($300,000)

254.4 Add twelve Facility-Based Investigations staff to satisfy timeliness requirements for incident investigations.

State General Funds

$499,524

$499,524

$499,524

254. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable

for their actions through the delivery of effective services in appropriate settings.

TOTAL STATE FUNDS

$27,226,449

$28,108,845

$28,370,767

State General Funds

$27,226,449

$28,108,845

$28,370,767

TOTAL FEDERAL FUNDS

$198,219

$198,219

$2,831,413

Federal Funds Not Itemized

$177,621

$177,621

$2,764,227

Medical Assistance Program CFDA93.778

$20,598

$20,598

$67,186

TOTAL AGENCY FUNDS

$4,333

$4,333

$14,238

Sales and Services

$4,333

$4,333

$14,238

Sales and Services Not Itemized

$4,333

$4,333

$14,238

TOTAL PUBLIC FUNDS

$27,429,001

$28,311,397

$31,216,418

Non-secure Commitment

Continuation Budget

The purpose is to protect the public, hold youth accountable for their actions and assist youth in becoming law-abiding

citizens by providing non-hardware secure community-based residential placement or services for committed youth.

TOTAL STATE FUNDS

$38,464,748

$38,464,748

$38,464,748

State General Funds

$38,464,748

$38,464,748

$38,464,748

TOTAL FEDERAL FUNDS

$10,002,619

$10,002,619

$10,002,619

Foster Care Title IV-E CFDA93.658

$946,237

$946,237

$946,237

Medical Assistance Program CFDA93.778

$9,056,382

$9,056,382

$9,056,382

TOTAL PUBLIC FUNDS

$48,467,367

$48,467,367

$48,467,367

Changes in Operations / Administration

255.1 Transfer funds and activities from Non-secure Commitment and Non-Secure Detention to create Community Non-

secure Services program.

State General Funds

($38,464,748) ($38,464,748) ($38,464,748)

Foster Care Title IV-E CFDA93.658

($946,237)

($946,237)

($946,237)

Medical Assistance Program CFDA93.778

($9,056,382)

($9,056,382)

($9,056,382)

TOTAL PUBLIC FUNDS

($48,467,367) ($48,467,367) ($48,467,367)

THURSDAY, MARCH 23, 2006

2839

Non-secure Detention

Continuation Budget

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, non-secure,

community-based placements and/or services for lower-risk youth.

TOTAL STATE FUNDS

$9,088,116

$9,088,116

$9,088,116

State General Funds

$9,088,116

$9,088,116

$9,088,116

TOTAL PUBLIC FUNDS

$9,088,116

$9,088,116

$9,088,116

Changes in Operations / Administration

256.1 Transfer funds and activities from Non-secure Commitment and Non-secure Detention to create Community Non-

secure Services program.

State General Funds

($9,088,116)

($9,088,116)

($9,088,116)

Secure Commitment (YDCs)

Continuation Budget

The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming

law-abiding citizens.

TOTAL STATE FUNDS

$83,766,215

$83,766,215

$83,766,215

State General Funds

$83,766,215

$83,766,215

$83,766,215

TOTAL FEDERAL FUNDS

$3,302,426

$3,302,426

$3,302,426

Federal Funds Not Itemized

$3,302,426

$3,302,426

$3,302,426

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$48,800

$48,800

$48,800

Agency to Agency Contracts

$48,800

$48,800

$48,800

TOTAL PUBLIC FUNDS

$87,117,441

$87,117,441

$87,117,441

Statewide Changes

257.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$2,572,295

$2,572,295

$2,572,295

Sales and Services Not Itemized

$15,470

$15,470

$15,470

TOTAL PUBLIC FUNDS

$2,587,765

$2,587,765

$2,587,765

Changes in Operations / Administration

257.2 Convert sixteen part-time Medical Clerk positions to sixteen full-time staff to improve medical records

maintenance. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

257.3 Reduce fifteen Short-Term Intermediate Intervention Program beds by utilizing existing capacity at the Augusta

YDC facility and reducing costs. (G:YES)(H:YES)(S:YES)

2840

JOURNAL OF THE SENATE

State General Funds

$0

$0

$0

257.4 Convert eleven part-time dental positions to four full-time dentists, five full-time dental assistants and two full-time

hygienists to satisfy current need for dental services. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

Changes in How the Program is Funded

257.8 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,143,476

Agency to Agency Contracts

$37,463

TOTAL PUBLIC FUNDS

$1,180,939

Changes in the Size of the Program

257.5 Transfer contract inflation adjustment to Administration and Secure Detention to reflect actual program

expenditures.

State General Funds

($58,011)

($58,011)

($58,011)

257.6 Transfer funds to Secure Detention and add fifty-six positions to perform all facility maintenance services in house

rather than by contract.

State General Funds

($241,949)

($241,949)

$0

257.7 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral

health.

State General Funds

($144,396)

($144,396)

($144,396)

257. Secure Commitment (YDCs)

Appropriation (HB1027)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist juvenile

offenders in becoming law-abiding citizens.

TOTAL STATE FUNDS

$85,894,154

$85,894,154

$86,136,103

State General Funds

$85,894,154

$85,894,154

$86,136,103

TOTAL FEDERAL FUNDS

$3,302,426

$3,302,426

$4,445,902

Federal Funds Not Itemized

$3,302,426

$3,302,426

$4,445,902

TOTAL AGENCY FUNDS

$15,470

$15,470

$15,470

Sales and Services

$15,470

$15,470

$15,470

Sales and Services Not Itemized

$15,470

$15,470

$15,470

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$48,800

$48,800

$86,263

Agency to Agency Contracts

$48,800

$48,800

$86,263

THURSDAY, MARCH 23, 2006

2841

TOTAL PUBLIC FUNDS

$89,260,850

$89,260,850

$90,683,738

Secure Detention (RYDCs)

Continuation Budget

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, secure, safe care,

and supervision of high-risk youth.

TOTAL STATE FUNDS

$89,536,547

$89,536,547

$89,536,547

State General Funds

$89,536,547

$89,536,547

$89,536,547

TOTAL FEDERAL FUNDS

$1,407,800

$1,407,800

$1,407,800

Federal Funds Not Itemized

$1,407,800

$1,407,800

$1,407,800

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$96,160

$96,160

$96,160

Agency to Agency Contracts

$96,160

$96,160

$96,160

TOTAL PUBLIC FUNDS

$91,040,507

$91,040,507

$91,040,507

Statewide Changes

258.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$3,205,229

$3,205,229

$3,205,229

Sales and Services Not Itemized

$20,741

$20,741

$20,741

TOTAL PUBLIC FUNDS

$3,225,970

$3,225,970

$3,225,970

Changes in Operations / Administration

258.2 Convert eleven part-time dental positions to four full-time dentists, five full-time dental assistants and two full-time

hygienists to satisfy current need for dental services. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

Changes in How the Program is Funded

258.6 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$43,885

Changes in the Size of the Program

258.3 Transfer contract inflation adjustment and funds from Secure Commitment.

State General Funds

$349,187

$349,187

$349,187

258.4 Transfer funds from Secure Commitment and add fifty-six positions to perform all facility maintenance services in

house rather than by contract.

State General Funds

$241,949

$241,949

$0

2842

JOURNAL OF THE SENATE

258.5 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral

health.

State General Funds

($278,525)

($278,525)

($278,525)

258. Secure Detention (RYDCs)

Appropriation (HB1027)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing

temporary, secure, safe care, and supervision of high-risk youth.

TOTAL STATE FUNDS

$93,054,387

$93,054,387

$92,812,438

State General Funds

$93,054,387

$93,054,387

$92,812,438

TOTAL FEDERAL FUNDS

$1,407,800

$1,407,800

$1,451,685

Federal Funds Not Itemized

$1,407,800

$1,407,800

$1,451,685

TOTAL AGENCY FUNDS

$20,741

$20,741

$20,741

Sales and Services

$20,741

$20,741

$20,741

Sales and Services Not Itemized

$20,741

$20,741

$20,741

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$96,160

$96,160

$96,160

Agency to Agency Contracts

$96,160

$96,160

$96,160

TOTAL PUBLIC FUNDS

$94,579,088

$94,579,088

$94,381,024

Children and Youth Coordinating Council

Continuation Budget

The purpose is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS

$1,337,914

$1,337,914

$1,337,914

State General Funds

$1,337,914

$1,337,914

$1,337,914

TOTAL FEDERAL FUNDS

$1,861,000

$1,861,000

$1,861,000

Federal Funds Not Itemized

$1,861,000

$1,861,000

$1,861,000

TOTAL PUBLIC FUNDS

$3,198,914

$3,198,914

$3,198,914

Statewide Changes

259.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$12,956

$12,956

$12,956

Federal Funds Not Itemized

$77

$77

$77

TOTAL PUBLIC FUNDS

$13,033

$13,033

$13,033

Changes in How the Program is Funded

259.3 Offset loss of federal funds.

State General Funds

$50,000

THURSDAY, MARCH 23, 2006

2843

Changes in the Size of the Program

259.2 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$6,754,225

Sales and Services Not Itemized

$13,100

Agency to Agency Contracts

$363,321

TOTAL PUBLIC FUNDS

$7,130,646

259. Children and Youth Coordinating Council

Appropriation (HB1027)

The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency.

TOTAL STATE FUNDS

$1,350,870

$1,350,870

$1,400,870

State General Funds

$1,350,870

$1,350,870

$1,400,870

TOTAL FEDERAL FUNDS

$1,861,077

$1,861,077

$8,615,302

Federal Funds Not Itemized

$1,861,077

$1,861,077

$8,615,302

TOTAL AGENCY FUNDS

$13,100

Sales and Services

$13,100

Sales and Services Not Itemized

$13,100

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$363,321

Agency to Agency Contracts

$363,321

TOTAL PUBLIC FUNDS

$3,211,947

$3,211,947

$10,392,593

Community Non-Secure Services

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Statewide Changes

429.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$46,380

$46,380

$46,380

Sales and Services Not Itemized

$520

$520

$520

TOTAL PUBLIC FUNDS

$46,900

$46,900

$46,900

Changes to the Purpose or the Purpose Measure

429.10 SAC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions and assist

youth in becoming law-abiding citizens by providing non-hardware secure community based residential placement

and/or services for committed you and non-secure, community-based placements and/or services for lower-risk

youth.

2844

JOURNAL OF THE SENATE

State General Funds

$0

Changes in the Size of the Program

429.2 Provide additional Wrap-Around program services to reduce out of home placements and provide stabilization

services following placement in a community setting.

State General Funds

$400,000

$400,000

$400,000

429.3 Provide funding for additional contract staff in the Tracking program to allow for statewide monitoring of youth in

community settings.

State General Funds

$737,154

$737,154

$737,154

429.4 Transfer contract inflation adjustment and other funds to Administration and Secure Detention to reflect actual

program expenditures.

State General Funds

($468,733)

($468,733)

($468,733)

429.5 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral

health.

State General Funds

($13,768)

($13,768)

($13,768)

429.6 Reflect savings in contract costs due to the closure of beds at the Department of Human Resource's West Central

Regional Hospital and Northwest Regional Hospital.

State General Funds

($464,541)

($464,541)

($464,541)

429.7 Reduce fifteen Short-Term Intermediate Intervention Program beds by utilizing existing capacity at the Augusta

YDC facility and reducing contract costs.

State General Funds

($1,314,000)

($1,314,000)

($1,314,000)

429.8 Increase Multi-Systematic Therapy services by providing thirty additional slots serving an additional 120 youth.

State General Funds

$582,212

$582,212

$582,212

429.9 Transfer funds and activities from Non-secure Detention and Non-secure Commitment.

State General Funds

$47,552,864

$47,552,864

$47,552,864

Foster Care Title IV-E CFDA93.658

$946,237

$946,237

$946,237

Medical Assistance Program CFDA93.778

$9,056,382

$9,056,382

$9,056,382

TOTAL PUBLIC FUNDS

$57,555,483

$57,555,483

$57,555,483

429. Community Non-Secure Services

Appropriation (HB1027)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions and assist youth in

becoming law-abiding citizens by providing non-hardware secure community based residential placement and/or services

for committed you and non-secure, community-based placements and/or services for lower-risk youth.

THURSDAY, MARCH 23, 2006

2845

TOTAL STATE FUNDS

$47,057,568

$47,057,568

$47,057,568

State General Funds

$47,057,568

$47,057,568

$47,057,568

TOTAL FEDERAL FUNDS

$10,002,619

$10,002,619

$10,002,619

Foster Care Title IV-E CFDA93.658

$946,237

$946,237

$946,237

Medical Assistance Program CFDA93.778

$9,056,382

$9,056,382

$9,056,382

TOTAL AGENCY FUNDS

$520

$520

$520

Sales and Services

$520

$520

$520

Sales and Services Not Itemized

$520

$520

$520

TOTAL PUBLIC FUNDS

$57,060,707

$57,060,707

$57,060,707

Section 31: Labor, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$51,010,633

$51,010,633

$51,010,633

State General Funds

$51,010,633

$51,010,633

$51,010,633

TOTAL FEDERAL FUNDS

$273,983,612 $273,983,612 $273,983,612

Federal Funds Not Itemized

$261,082,394 $261,082,394 $261,082,394

Temporary Assistance for Needy Families

$12,901,218

$12,901,218

$12,901,218

TOTAL AGENCY FUNDS

$30,335,111

$30,335,111

$30,335,111

Sales and Services

$30,335,111

$30,335,111

$30,335,111

TOTAL PUBLIC FUNDS

$355,329,356 $355,329,356 $355,329,356

Section Total - Final

TOTAL STATE FUNDS

$51,393,696

$51,757,624

$51,389,846

State General Funds

$51,393,696

$51,757,624

$51,389,846

TOTAL FEDERAL FUNDS

$273,983,612 $267,132,971 $270,731,753

Federal Funds Not Itemized

$261,082,394 $260,731,753 $260,731,753

Temporary Assistance for Needy Families

$12,901,218

$6,401,218

$10,000,000

TOTAL AGENCY FUNDS

$30,335,111

$30,335,111

$30,335,111

Sales and Services

$30,335,111

$30,335,111

$30,335,111

TOTAL PUBLIC FUNDS

$355,712,419 $349,225,706 $352,456,710

Business Enterprise Program

Continuation Budget

The purpose is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$339,720

$339,720

$339,720

State General Funds

$339,720

$339,720

$339,720

2846

JOURNAL OF THE SENATE

TOTAL FEDERAL FUNDS

$1,316,085

$1,316,085

$1,316,085

Federal Funds Not Itemized

$1,316,085

$1,316,085

$1,316,085

TOTAL PUBLIC FUNDS

$1,655,805

$1,655,805

$1,655,805

Statewide Changes

260.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$4,582

$4,582

$4,582

Changes in the Size of the Program

260.2 Provide for two additional positions to assist in managing the training program.

State General Funds

$76,000

$76,000

$76,000

260. Business Enterprise Program

Appropriation (HB1027)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's

economy.

TOTAL STATE FUNDS

$420,302

$420,302

$420,302

State General Funds

$420,302

$420,302

$420,302

TOTAL FEDERAL FUNDS

$1,316,085

$1,316,085

$1,316,085

Federal Funds Not Itemized

$1,316,085

$1,316,085

$1,316,085

TOTAL PUBLIC FUNDS

$1,736,387

$1,736,387

$1,736,387

Department of Labor Administration

Continuation Budget

The purpose is to work with public and private partners in building a world-class workforce system that contributes to

Georgia's economic prosperity.

TOTAL STATE FUNDS

$3,236,310

$3,236,310

$3,236,310

State General Funds

$3,236,310

$3,236,310

$3,236,310

TOTAL FEDERAL FUNDS

$10,859,310

$10,859,310

$10,859,310

Federal Funds Not Itemized

$10,859,310

$10,859,310

$10,859,310

TOTAL PUBLIC FUNDS

$14,095,620

$14,095,620

$14,095,620

Statewide Changes

261.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$57,420

$57,420

$57,420

Changes in Operations / Administration

261.2 Reduce funding.

State General Funds

($14,035)

($14,035)

($14,035)

THURSDAY, MARCH 23, 2006

2847

261.3 Reduce funding.

State General Funds

($58,027)

($58,027)

Federal Funds Not Itemized

($252,291)

($252,291)

TOTAL PUBLIC FUNDS

($310,318)

($310,318)

261. Department of Labor Administration

Appropriation (HB1027)

The purpose of this appropriation is to work with public and private partners in building a world-class workforce system

that contributes to Georgia's economic prosperity.

TOTAL STATE FUNDS

$3,279,695

$3,221,668

$3,221,668

State General Funds

$3,279,695

$3,221,668

$3,221,668

TOTAL FEDERAL FUNDS

$10,859,310

$10,607,019

$10,607,019

Federal Funds Not Itemized

$10,859,310

$10,607,019

$10,607,019

TOTAL PUBLIC FUNDS

$14,139,005

$13,828,687

$13,828,687

Disability Adjudication Section

Continuation Budget

The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain

support.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL FEDERAL FUNDS

$55,598,820

$55,598,820

$55,598,820

Federal Funds Not Itemized

$55,598,820

$55,598,820

$55,598,820

TOTAL PUBLIC FUNDS

$55,598,820

$55,598,820

$55,598,820

262. Disability Adjudication Section

Appropriation (HB1027)

The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible

Georgia citizens can obtain support.

TOTAL FEDERAL FUNDS

$55,598,820

$55,598,820

$55,598,820

Federal Funds Not Itemized

$55,598,820

$55,598,820

$55,598,820

TOTAL PUBLIC FUNDS

$55,598,820

$55,598,820

$55,598,820

Division of Rehabilitation Administration

Continuation Budget

The purpose is to help people with disabilities to become fully productive members of society by achieving independence

and meaningful employment.

TOTAL STATE FUNDS

$2,167,612

$2,167,612

$2,167,612

State General Funds

$2,167,612

$2,167,612

$2,167,612

TOTAL FEDERAL FUNDS

$1,481,868

$1,481,868

$1,481,868

2848

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$1,481,868

$1,481,868

$1,481,868

TOTAL PUBLIC FUNDS

$3,649,480

$3,649,480

$3,649,480

Statewide Changes

263.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$25,667

$25,667

$25,667

Changes in Operations / Administration

263.3 Reduce funding.

State General Funds

($58,027)

($58,027)

Federal Funds Not Itemized

($98,350)

($98,350)

TOTAL PUBLIC FUNDS

($156,377)

($156,377)

Changes in the Size of the Program

263.2 Reduce contracts.

State General Funds

($19,084)

$0

$0

263. Division of Rehabilitation Administration

Appropriation (HB1027)

The purpose of this appropriation is to help people with disabilities to become fully productive members of society by

achieving independence and meaningful employment.

TOTAL STATE FUNDS

$2,174,195

$2,135,252

$2,135,252

State General Funds

$2,174,195

$2,135,252

$2,135,252

TOTAL FEDERAL FUNDS

$1,481,868

$1,383,518

$1,383,518

Federal Funds Not Itemized

$1,481,868

$1,383,518

$1,383,518

TOTAL PUBLIC FUNDS

$3,656,063

$3,518,770

$3,518,770

Georgia Industries for the Blind

Continuation Budget

The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS

$692,348

$692,348

$692,348

State General Funds

$692,348

$692,348

$692,348

TOTAL AGENCY FUNDS

$11,099,375

$11,099,375

$11,099,375

Sales and Services

$11,099,375

$11,099,375

$11,099,375

Sales and Services Not Itemized

$11,099,375

$11,099,375

$11,099,375

TOTAL PUBLIC FUNDS

$11,791,723

$11,791,723

$11,791,723

Statewide Changes

264.1 GTA, GBA, WC, COLA, SHBP and Annualizer

THURSDAY, MARCH 23, 2006

2849

State General Funds

$17,786

$17,786

$17,786

264. Georgia Industries for the Blind

Appropriation (HB1027)

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in

Bainbridge and Griffin.

TOTAL STATE FUNDS

$710,134

$710,134

$710,134

State General Funds

$710,134

$710,134

$710,134

TOTAL AGENCY FUNDS

$11,099,375

$11,099,375

$11,099,375

Sales and Services

$11,099,375

$11,099,375

$11,099,375

Sales and Services Not Itemized

$11,099,375

$11,099,375

$11,099,375

TOTAL PUBLIC FUNDS

$11,809,509

$11,809,509

$11,809,509

Labor Market Information

Continuation Budget

The purpose is to collect, analyze, and publish a wide array of information about the state's labor market.

TOTAL STATE FUNDS

$671,271

$671,271

$671,271

State General Funds

$671,271

$671,271

$671,271

TOTAL FEDERAL FUNDS

$2,249,873

$2,249,873

$2,249,873

Federal Funds Not Itemized

$2,249,873

$2,249,873

$2,249,873

TOTAL PUBLIC FUNDS

$2,921,144

$2,921,144

$2,921,144

Statewide Changes

265.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$11,082

$11,082

$11,082

265. Labor Market Information

Appropriation (HB1027)

The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor

market.

TOTAL STATE FUNDS

$682,353

$682,353

$682,353

State General Funds

$682,353

$682,353

$682,353

TOTAL FEDERAL FUNDS

$2,249,873

$2,249,873

$2,249,873

Federal Funds Not Itemized

$2,249,873

$2,249,873

$2,249,873

TOTAL PUBLIC FUNDS

$2,932,226

$2,932,226

$2,932,226

Roosevelt Warm Springs Institute

Continuation Budget

The purpose is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS

$6,662,908

$6,662,908

$6,662,908

2850

JOURNAL OF THE SENATE

State General Funds

$6,662,908

$6,662,908

$6,662,908

TOTAL FEDERAL FUNDS

$6,237,969

$6,237,969

$6,237,969

Federal Funds Not Itemized

$6,237,969

$6,237,969

$6,237,969

TOTAL AGENCY FUNDS

$18,429,520

$18,429,520

$18,429,520

Sales and Services

$18,429,520

$18,429,520

$18,429,520

Sales and Services Not Itemized

$18,429,520

$18,429,520

$18,429,520

TOTAL PUBLIC FUNDS

$31,330,397

$31,330,397

$31,330,397

Statewide Changes

266.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$119,795

$119,795

$119,795

Changes in the Size of the Program

266.2 Reduce contracts.

State General Funds

($13,760)

$0

$0

266.3 Transfer the American Association of Adapted Sports Programs contract to the Department of Human Resources.

State General Funds

($284,069)

($284,069)

($284,069)

266. Roosevelt Warm Springs Institute

Appropriation (HB1027)

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS

$6,484,874

$6,498,634

$6,498,634

State General Funds

$6,484,874

$6,498,634

$6,498,634

TOTAL FEDERAL FUNDS

$6,237,969

$6,237,969

$6,237,969

Federal Funds Not Itemized

$6,237,969

$6,237,969

$6,237,969

TOTAL AGENCY FUNDS

$18,429,520

$18,429,520

$18,429,520

Sales and Services

$18,429,520

$18,429,520

$18,429,520

Sales and Services Not Itemized

$18,429,520

$18,429,520

$18,429,520

TOTAL PUBLIC FUNDS

$31,152,363

$31,166,123

$31,166,123

Safety Inspections

Continuation Budget

The purpose is to promote and protect public safety, to provide training and information on workplace exposure to

hazardous chemicals, and to promote industrial safety.

TOTAL STATE FUNDS

$2,664,002

$2,664,002

$2,664,002

State General Funds

$2,664,002

$2,664,002

$2,664,002

TOTAL FEDERAL FUNDS

$168,552

$168,552

$168,552

THURSDAY, MARCH 23, 2006

2851

Federal Funds Not Itemized

$168,552

$168,552

$168,552

TOTAL PUBLIC FUNDS

$2,832,554

$2,832,554

$2,832,554

Statewide Changes

267.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$37,777

$37,777

$37,777

267. Safety Inspections

Appropriation (HB1027)

The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace

exposure to hazardous chemicals, and to promote industrial safety.

TOTAL STATE FUNDS

$2,701,779

$2,701,779

$2,701,779

State General Funds

$2,701,779

$2,701,779

$2,701,779

TOTAL FEDERAL FUNDS

$168,552

$168,552

$168,552

Federal Funds Not Itemized

$168,552

$168,552

$168,552

TOTAL PUBLIC FUNDS

$2,870,331

$2,870,331

$2,870,331

Unemployment Insurance

Continuation Budget

The purpose is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's

employers and distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS

$10,056,056

$10,056,056

$10,056,056

State General Funds

$10,056,056

$10,056,056

$10,056,056

TOTAL FEDERAL FUNDS

$36,610,816

$36,610,816

$36,610,816

Federal Funds Not Itemized

$36,610,816

$36,610,816

$36,610,816

TOTAL PUBLIC FUNDS

$46,666,872

$46,666,872

$46,666,872

Statewide Changes

268.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$156,797

$156,797

$156,797

268. Unemployment Insurance

Appropriation (HB1027)

The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes

from Georgia's employers and distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS

$10,212,853

$10,212,853

$10,212,853

State General Funds

$10,212,853

$10,212,853

$10,212,853

TOTAL FEDERAL FUNDS

$36,610,816

$36,610,816

$36,610,816

Federal Funds Not Itemized

$36,610,816

$36,610,816

$36,610,816

2852

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$46,823,669

$46,823,669

$46,823,669

Vocational Rehabilitation Program

Continuation Budget

The purpose is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS

$16,784,521

$16,784,521

$16,784,521

State General Funds

$16,784,521

$16,784,521

$16,784,521

TOTAL FEDERAL FUNDS

$68,844,924

$68,844,924

$68,844,924

Federal Funds Not Itemized

$66,344,924

$66,344,924

$66,344,924

Temporary Assistance for Needy Families

$2,500,000

$2,500,000

$2,500,000

Temporary Assistance for Needy Families Block Grant CFDA

$2,500,000

$2,500,000

$2,500,000

93.558

TOTAL AGENCY FUNDS

$806,216

$806,216

$806,216

Sales and Services

$806,216

$806,216

$806,216

Sales and Services Not Itemized

$806,216

$806,216

$806,216

TOTAL PUBLIC FUNDS

$86,435,661

$86,435,661

$86,435,661

Statewide Changes

269.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$179,157

$179,157

$179,589

Changes in Operations / Administration

269.3 Provide funding for Assistive Technology Centers and Reboot.

State General Funds

$30,000

$0

269.4 Provide additional funds for Middle Georgia Center for Independent Living, Inc.

State General Funds

$20,000

$20,000

269.5 Provide funds for the Georgia Association of Training, Employment and Supports (GATES).

State General Funds

$200,000

$0

269.6 Increase funding for the Center for the Visually Impaired.

State General Funds

$5,000

$0

269.7 Increase funding for the Georgia Radio Reading Service.

State General Funds

$58,928

$58,928

269.8 Increase SHARE funding to operate a new program, DEAR.

State General Funds

$50,000

$0

THURSDAY, MARCH 23, 2006

2853

Changes in How the Program is Funded

269.9 Reflect $2,500,000 in base budget transfers of Temporary Aid to Needy Families block grant funds from the

Department of Human Resources.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$0

Changes in the Size of the Program

269.2 Reduce contracts.

State General Funds

($83,210)

$0

($83,210)

269.10 Reduce funding

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($800,000)

269. Vocational Rehabilitation Program

Appropriation (HB1027)

The purpose of this appropriation is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS

$16,880,468

$17,327,606

$16,959,828

State General Funds

$16,880,468

$17,327,606

$16,959,828

TOTAL FEDERAL FUNDS

$68,844,924

$68,844,924

$68,044,924

Federal Funds Not Itemized

$66,344,924

$66,344,924

$66,344,924

Temporary Assistance for Needy Families

$2,500,000

$2,500,000

$1,700,000

Temporary Assistance for Needy Families Block Grant CFDA

$2,500,000

$2,500,000

$1,700,000

93.558

TOTAL AGENCY FUNDS

$806,216

$806,216

$806,216

Sales and Services

$806,216

$806,216

$806,216

Sales and Services Not Itemized

$806,216

$806,216

$806,216

TOTAL PUBLIC FUNDS

$86,531,608

$86,978,746

$85,810,968

Workforce Development

Continuation Budget

The purpose is to assist employers and job seekers with job matching services and to promote economic growth and

development.

TOTAL STATE FUNDS

$7,642,713

$7,642,713

$7,642,713

State General Funds

$7,642,713

$7,642,713

$7,642,713

TOTAL FEDERAL FUNDS

$90,615,395

$90,615,395

$90,615,395

Federal Funds Not Itemized

$80,214,177

$80,214,177

$80,214,177

Temporary Assistance for Needy Families

$10,401,218

$10,401,218

$10,401,218

2854

JOURNAL OF THE SENATE

Temporary Assistance for Needy Families Block Grant CFDA

$10,401,218

$10,401,218

$10,401,218

93.558

TOTAL PUBLIC FUNDS

$98,258,108

$98,258,108

$98,258,108

Statewide Changes

270.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$111,158

$111,158

$111,158

Changes in How the Program is Funded

270.3 Reflect $10,401,218 in base budget transfers of Temporary Aid to Needy Families block grant funds from the

Department of Human Resources.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$0

Changes in the Size of the Program

270.2 Decrease funding for GoodWorks and job placement program (Note: This reduction appears in the House version

in the Support For Needy Families-Work Assistance program of the Department of Human Resources)

Temporary Assistance for Needy Families Block Grant CFDA 93.558

($6,500,000)

($2,101,218)

270. Workforce Development

Appropriation (HB1027)

The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote

economic growth and development.

TOTAL STATE FUNDS

$7,753,871

$7,753,871

$7,753,871

State General Funds

$7,753,871

$7,753,871

$7,753,871

TOTAL FEDERAL FUNDS

$90,615,395

$84,115,395

$88,514,177

Federal Funds Not Itemized

$80,214,177

$80,214,177

$80,214,177

Temporary Assistance for Needy Families

$10,401,218

$3,901,218

$8,300,000

Temporary Assistance for Needy Families Block Grant CFDA

$10,401,218

$3,901,218

$8,300,000

93.558

TOTAL PUBLIC FUNDS

$98,369,266

$91,869,266

$96,268,048

Commission on Women

Continuation Budget

The purpose is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS

$93,172

$93,172

$93,172

State General Funds

$93,172

$93,172

$93,172

TOTAL PUBLIC FUNDS

$93,172

$93,172

$93,172

THURSDAY, MARCH 23, 2006

2855

271. Commission on Women

Appropriation (HB1027)

The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS

$93,172

$93,172

$93,172

State General Funds

$93,172

$93,172

$93,172

TOTAL PUBLIC FUNDS

$93,172

$93,172

$93,172

Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund

by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-

147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the

unemployment compensation law and public employment offices, including workforce information service delivery,

technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings,

fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code

Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section

903 (d) (4) of the Social Security Act. Provided further, that no funds shall be expended until approved by the Office of

Planning and Budget.

Section 32: Law, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$13,659,592

$13,659,592

$13,659,592

State General Funds

$13,659,592

$13,659,592

$13,659,592

TOTAL AGENCY FUNDS

$795,143

$795,143

$795,143

Contributions, Donations, and Forfeitures

$794,143

$794,143

$794,143

Sales and Services

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$21,006,280

TOTAL PUBLIC FUNDS

$35,461,015

$35,461,015

$35,461,015

Section Total - Final

TOTAL STATE FUNDS

$14,670,539

$14,670,539

$14,670,539

State General Funds

$14,670,539

$14,670,539

$14,670,539

TOTAL AGENCY FUNDS

$819,960

$819,960

$841,360

Contributions, Donations, and Forfeitures

$788,308

$788,308

$809,708

Reserved Fund Balances

$30,652

$30,652

$30,652

Sales and Services

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$31,049,680

TOTAL PUBLIC FUNDS

$36,496,779

$36,496,779

$46,561,579

2856

JOURNAL OF THE SENATE

Law, Department of

Continuation Budget

The purpose is to serve the citizens of the State of Georgia by providing legal representation of the highest quality to the

agencies, officers and employees of state government.

TOTAL STATE FUNDS

$13,659,592

$13,659,592

$13,659,592

State General Funds

$13,659,592

$13,659,592

$13,659,592

TOTAL AGENCY FUNDS

$795,143

$795,143

$795,143

Contributions, Donations, and Forfeitures

$794,143

$794,143

$794,143

Contributions, Donations, and Forfeitures Not Itemized

$794,143

$794,143

$794,143

Sales and Services

$1,000

$1,000

$1,000

Sales and Services Not Itemized

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$21,006,280

Legal Services - Client Reimbursable per 45-15-4

$21,006,280

$21,006,280

$21,006,280

TOTAL PUBLIC FUNDS

$35,461,015

$35,461,015

$35,461,015

Statewide Changes

272.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$986,464

$986,464

$986,464

Reserved Fund Balances Not Itemized

$30,652

$30,652

$30,652

TOTAL PUBLIC FUNDS

$1,017,116

$1,017,116

$1,017,116

Changes in Operations / Administration

272.2 Increase real estate rental funds to meet contractual commitments.

State General Funds

$24,483

$24,483

$24,483

Changes in How the Program is Funded

272.4 Add funds to properly reflect operating budget represented in HB1026.

Contributions, Donations, and Forfeitures Not Itemized

$21,400

Legal Services - Client Reimbursable per 45-15-4

$10,043,400

TOTAL PUBLIC FUNDS

$10,064,800

Changes in the Size of the Program

272.3 Reduce funds.

Contributions, Donations, and Forfeitures Not Itemized

($5,835)

($5,835)

($5,835)

THURSDAY, MARCH 23, 2006

2857

272. Law, Department of

Appropriation (HB1027)

The purpose of this appropriation is to serve the citizens of the State of Georgia by providing legal representation of the

highest quality to the agencies, officers and employees of state government.

TOTAL STATE FUNDS

$14,670,539

$14,670,539

$14,670,539

State General Funds

$14,670,539

$14,670,539

$14,670,539

TOTAL AGENCY FUNDS

$819,960

$819,960

$841,360

Contributions, Donations, and Forfeitures

$788,308

$788,308

$809,708

Contributions, Donations, and Forfeitures Not Itemized

$788,308

$788,308

$809,708

Reserved Fund Balances

$30,652

$30,652

$30,652

Reserved Fund Balances Not Itemized

$30,652

$30,652

$30,652

Sales and Services

$1,000

$1,000

$1,000

Sales and Services Not Itemized

$1,000

$1,000

$1,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,006,280

$21,006,280

$31,049,680

Legal Services - Client Reimbursable per 45-15-4

$21,006,280

$21,006,280

$31,049,680

TOTAL PUBLIC FUNDS

$36,496,779

$36,496,779

$46,561,579

Section 33: State Merit System of Personnel Administration

Section Total - Continuation

TOTAL AGENCY FUNDS

$1,337,147

$1,337,147

$1,337,147

Reserved Fund Balances

$1,161,033

$1,161,033

$1,161,033

Sales and Services

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$12,273,022

$12,273,022

$12,273,022

TOTAL PUBLIC FUNDS

$13,610,169

$13,610,169

$13,610,169

Section Total - Final

TOTAL AGENCY FUNDS

$1,337,147

$1,337,147

$1,533,844

Reserved Fund Balances

$1,161,033

$1,161,033

$1,357,730

Sales and Services

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$13,182,967

$13,182,967

$17,666,997

TOTAL PUBLIC FUNDS

$14,520,114

$14,520,114

$19,200,841

Recruitment and Staffing Services

Continuation Budget

The purpose is to provide a central point of contact for the general public.

TOTAL STATE FUNDS

$0

$0

$0

2858

JOURNAL OF THE SENATE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,321,434

$1,321,434

$1,321,434

Merit System Assessments

$1,247,721

$1,247,721

$1,247,721

Merit System Training and Compensation Fees

$73,713

$73,713

$73,713

TOTAL PUBLIC FUNDS

$1,321,434

$1,321,434

$1,321,434

Statewide Changes

273.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Merit System Assessments

$56,193

$56,193

$56,193

Changes in the Size of the Program

273.2 Redistribute funds to System Administration program and Workforce Development and Alignment program.

Merit System Assessments

($138,865)

($138,865)

($138,865)

Merit System Training and Compensation Fees

($68,213)

($68,213)

($68,213)

TOTAL PUBLIC FUNDS

($207,078)

($207,078)

($207,078)

273.3 Reduce funds.

Merit System Training and Compensation Fees

($5,500)

($5,500)

($5,500)

273. Recruitment and Staffing Services

Appropriation (HB1027)

The purpose of this appropriation is to provide a central point of contact for the general public.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,165,049

$1,165,049

$1,165,049

Merit System Assessments

$1,165,049

$1,165,049

$1,165,049

TOTAL PUBLIC FUNDS

$1,165,049

$1,165,049

$1,165,049

System Administration

Continuation Budget

The purpose is to provide administrative and technical support to the agency.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL AGENCY FUNDS

$49,578

$49,578

$49,578

Reserved Fund Balances

$49,578

$49,578

$49,578

Reserved Fund Balances Not Itemized

$49,578

$49,578

$49,578

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,167,679

$4,167,679

$4,167,679

Merit System Assessments

$4,163,792

$4,163,792

$4,163,792

Merit System Training and Compensation Fees

$3,887

$3,887

$3,887

TOTAL PUBLIC FUNDS

$4,217,257

$4,217,257

$4,217,257

THURSDAY, MARCH 23, 2006

2859

Statewide Changes

274.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Merit System Assessments

$143,764

$143,764

$143,764

Changes in Operations / Administration

274.2 Increase Payments to State Treasury.

Merit System Assessments

$750,000

$750,000

$750,000

Changes in the Size of the Program

274.3 Redistribute funds from Total Compensation and Rewards program and Recruitment and Staffing Services

program.

Reserved Fund Balances Not Itemized

$39,616

$39,616

$39,616

Merit System Assessments

$518,715

$518,715

$518,715

Merit System Training and Compensation Fees

$49,024

$49,024

$49,024

TOTAL PUBLIC FUNDS

$607,355

$607,355

$607,355

274.4 Reduce funds.

Merit System Training and Compensation Fees

($52,911)

($52,911)

($52,911)

274. System Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative and technical support to the agency.

TOTAL AGENCY FUNDS

$89,194

$89,194

$89,194

Reserved Fund Balances

$89,194

$89,194

$89,194

Reserved Fund Balances Not Itemized

$89,194

$89,194

$89,194

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,576,271

$5,576,271

$5,576,271

Merit System Assessments

$5,576,271

$5,576,271

$5,576,271

TOTAL PUBLIC FUNDS

$5,665,465

$5,665,465

$5,665,465

Total Compensation and Rewards

Continuation Budget

The purpose is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL AGENCY FUNDS

$1,287,569

$1,287,569

$1,287,569

Reserved Fund Balances

$1,111,455

$1,111,455

$1,111,455

Reserved Fund Balances Not Itemized

$1,111,455

$1,111,455

$1,111,455

Sales and Services

$176,114

$176,114

$176,114

Sales and Services Not Itemized

$176,114

$176,114

$176,114

2860

JOURNAL OF THE SENATE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,278,690

$3,278,690

$3,278,690

Merit System Assessments

$3,250,459

$3,250,459

$3,250,459

Merit System Training and Compensation Fees

$28,231

$28,231

$28,231

TOTAL PUBLIC FUNDS

$4,566,259

$4,566,259

$4,566,259

Statewide Changes

275.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Merit System Assessments

$107,212

$107,212

$107,212

Changes in the Size of the Program

275.2 Redistribute funds to System Administration program and Workforce Development and Alignment program.

Reserved Fund Balances Not Itemized

($39,616)

($39,616)

($39,616)

Merit System Assessments

($512,959)

($512,959)

($512,959)

Merit System Training and Compensation Fees

$87,889

$87,889

$87,889

TOTAL PUBLIC FUNDS

($464,686)

($464,686)

($464,686)

275.3 Reduce funding by eliminating two positions.

Merit System Training and Compensation Fees

($84,281)

($84,281)

($84,281)

275.4 Reduce funds.

Merit System Training and Compensation Fees

($4,000)

($4,000)

($4,000)

275.5 Add funds to properly reflect operating budget represented in HB1026.

Reserved Fund Balances Not Itemized

$196,697

Agency to Agency Contracts

$2,350,000

TOTAL PUBLIC FUNDS

$2,546,697

275. Total Compensation and Rewards

Appropriation (HB1027)

The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies.

TOTAL AGENCY FUNDS

$1,247,953

$1,247,953

$1,444,650

Reserved Fund Balances

$1,071,839

$1,071,839

$1,268,536

Reserved Fund Balances Not Itemized

$1,071,839

$1,071,839

$1,268,536

Sales and Services

$176,114

$176,114

$176,114

Sales and Services Not Itemized

$176,114

$176,114

$176,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,872,551

$2,872,551

$5,222,551

Agency to Agency Contracts

$2,350,000

Merit System Assessments

$2,844,712

$2,844,712

$2,844,712

THURSDAY, MARCH 23, 2006

2861

Merit System Training and Compensation Fees

$27,839

$27,839

$27,839

TOTAL PUBLIC FUNDS

$4,120,504

$4,120,504

$6,667,201

Workforce Development and Alignment

Continuation Budget

The purpose is to provide continuous opportunities for state employees to grow and develop professionally resulting in

increased productivity for state agencies and entities.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,505,219

$3,505,219

$3,505,219

Merit System Assessments

$3,065,452

$3,065,452

$3,065,452

Merit System Training and Compensation Fees

$439,767

$439,767

$439,767

TOTAL PUBLIC FUNDS

$3,505,219

$3,505,219

$3,505,219

Statewide Changes

276.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Merit System Assessments

$64,944

$64,944

$64,944

Changes in the Size of the Program

276.2 Redistribute funds from Total Compensation and Rewards program and Recruitment and Staffing Services

program.

Merit System Assessments

$133,109

$133,109

$133,109

Merit System Training and Compensation Fees

($68,700)

($68,700)

($68,700)

TOTAL PUBLIC FUNDS

$64,409

$64,409

$64,409

276.3 Reduce funds.

Merit System Training and Compensation Fees

($50,476)

($50,476)

($50,476)

276.4 Eliminate funding for state orientation video.

Merit System Training and Compensation Fees

($15,000)

($15,000)

($15,000)

276.5 Add funds to properly reflect operating budget represented in HB1026.

Agency to Agency Contracts

$825,000

Merit System Assessments

$1,309,030

TOTAL PUBLIC FUNDS

$2,134,030

276. Workforce Development and Alignment

Appropriation (HB1027)

The purpose of this appropriation is to provide continuous opportunities for state employees to grow and develop

professionally resulting in increased productivity for state agencies and entities.

2862

JOURNAL OF THE SENATE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,569,096

$3,569,096

$5,703,126

Agency to Agency Contracts

$825,000

Merit System Assessments

$3,263,505

$3,263,505

$4,572,535

Merit System Training and Compensation Fees

$305,591

$305,591

$305,591

TOTAL PUBLIC FUNDS

$3,569,096

$3,569,096

$5,703,126

The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations

and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal

year.

Section 34: Natural Resources, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$98,464,233

$98,464,233

$98,464,233

State General Funds

$98,464,233

$98,464,233

$98,464,233

TOTAL FEDERAL FUNDS

$20,863,133

$20,863,133

$20,863,133

Federal Funds Not Itemized

$20,416,291

$20,416,291

$20,416,291

Federal Highway Administration Planning & Construction

$446,842

$446,842

$446,842

CFDA20.205

TOTAL AGENCY FUNDS

$74,871,963

$74,871,963

$74,871,963

Reserved Fund Balances

$677,763

$677,763

$677,763

Intergovernmental Transfers

$3,707,103

$3,707,103

$3,707,103

Royalties and Rents

$16,276

$16,276

$16,276

Sales and Services

$70,470,821

$70,470,821

$70,470,821

TOTAL PUBLIC FUNDS

$194,199,329 $194,199,329 $194,199,329

Section Total - Final

TOTAL STATE FUNDS

$109,684,665 $112,648,814 $109,324,119

State General Funds

$109,684,665 $112,648,814 $109,324,119

TOTAL FEDERAL FUNDS

$10,070,605

$10,070,605

$20,863,133

Federal Funds Not Itemized

$10,070,605

$10,070,605

$20,416,291

Federal Highway Administration Planning & Construction

$446,842

CFDA20.205

TOTAL AGENCY FUNDS

$25,158,798

$25,158,798

$74,405,997

Reserved Fund Balances

$103,913

$103,913

$677,763

Intergovernmental Transfers

$3,041,137

$3,041,137

$3,041,137

THURSDAY, MARCH 23, 2006

2863

Royalties and Rents

$15,250

$15,250

$16,276

Sales and Services

$21,998,498

$21,998,498

$70,670,821

TOTAL PUBLIC FUNDS

$144,914,068 $147,878,217 $204,593,249

Coastal Resources

Continuation Budget

The purpose is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental,

historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations.

TOTAL STATE FUNDS

$2,323,120

$2,323,120

$2,323,120

State General Funds

$2,323,120

$2,323,120

$2,323,120

TOTAL FEDERAL FUNDS

$170,862

$170,862

$170,862

Federal Funds Not Itemized

$170,862

$170,862

$170,862

TOTAL PUBLIC FUNDS

$2,493,982

$2,493,982

$2,493,982

Statewide Changes

277.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$113,573

$113,573

$113,573

One-Time Expense

277.3 Provide funds for Tybee island beach restoration project.(S: Fund in Bonds for $2,000,000)

State General Funds

$2,930,000

$0

277.4 Provide funding for the cooperative service agreement with the University of Georgia Fanning Institute of

Leadership to develop standards for permitting of marinas and community docks.

State General Funds

$50,000

$0

277.5 Provide funds for sunken boats to correct HB1026 increase in the Solid Waste Trust Fund

State General Funds

$180,000

Changes in the Size of the Program

277.2 Enhance water quality sampling efforts by increasing contract funds and adding one position to meet stricter water

quality standards on Georgia's coast.

State General Funds

$53,925

$53,925

$53,925

277. Coastal Resources

Appropriation (HB1027)

The purpose of this appropriation is to balance economic development in Georgia's coastal zone with the preservation of

natural, environmental, historic, archaeological, and recreational resources for the benefit of Georgia's present and future

generations.

TOTAL STATE FUNDS

$2,490,618

$5,470,618

$2,670,618

2864

JOURNAL OF THE SENATE

State General Funds

$2,490,618

$5,470,618

$2,670,618

TOTAL FEDERAL FUNDS

$170,862

$170,862

$170,862

Federal Funds Not Itemized

$170,862

$170,862

$170,862

TOTAL PUBLIC FUNDS

$2,661,480

$5,641,480

$2,841,480

Departmental Administration

Continuation Budget

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$9,368,088

$9,368,088

$9,368,088

State General Funds

$9,368,088

$9,368,088

$9,368,088

TOTAL FEDERAL FUNDS

$53,814

$53,814

$53,814

Federal Funds Not Itemized

$53,814

$53,814

$53,814

TOTAL PUBLIC FUNDS

$9,421,902

$9,421,902

$9,421,902

Statewide Changes

278.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$454,859

$454,859

$454,859

Changes in How the Program is Funded

278.2 Remove fund sources.

Federal Funds Not Itemized

($53,814)

($53,814)

$0

TOTAL PUBLIC FUNDS

($53,814)

($53,814)

$0

Changes in the Size of the Program

278.3 Increase program by transferring funds from Parks, Recreation and Historic Sites and Wildlife Resource.

State General Funds

$232,360

$232,360

$232,360

278. Departmental Administration

Appropriation (HB1027)

The purpose of the program is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$10,055,307

$10,055,307

$10,055,307

State General Funds

$10,055,307

$10,055,307

$10,055,307

TOTAL FEDERAL FUNDS

$53,814

Federal Funds Not Itemized

$53,814

TOTAL PUBLIC FUNDS

$10,055,307

$10,055,307

$10,109,121

Environmental Protection

Continuation Budget

The purpose is to help provide Georgia's citizens with clean air, clean water, healthy lives and productive land by assuring

compliance with environmental laws and by assisting others to do their part for a better environment.

THURSDAY, MARCH 23, 2006

2865

TOTAL STATE FUNDS

$26,207,788

$26,207,788

$26,207,788

State General Funds

$26,207,788

$26,207,788

$26,207,788

TOTAL FEDERAL FUNDS

$9,850,960

$9,850,960

$9,850,960

Federal Funds Not Itemized

$9,414,118

$9,414,118

$9,414,118

Federal Highway Administration Planning & Construction

$436,842

$436,842

$436,842

CFDA20.205

TOTAL AGENCY FUNDS

$50,258,738

$50,258,738

$50,258,738

Sales and Services

$50,258,738

$50,258,738

$50,258,738

Sales and Services Not Itemized

$50,258,738

$50,258,738

$50,258,738

TOTAL PUBLIC FUNDS

$86,317,486

$86,317,486

$86,317,486

Statewide Changes

279.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,703,334

$1,703,334

$1,703,334

Changes in How the Program is Funded

279.2 Remove fund sources.

Federal Funds Not Itemized

($6,050,957)

($6,050,957)

$0

Federal Highway Administration Planning & Construction

($436,842)

($436,842)

$0

CFDA20.205

Sales and Services Not Itemized

($43,461,181) ($43,461,181)

$0

TOTAL PUBLIC FUNDS

($49,948,980) ($49,948,980)

$0

Changes in the Size of the Program

279.3 Eliminate funds for a coastal groundwater study that will be completed in FY 2006.

State General Funds

($390,000)

($390,000)

($772,180)

279.4 Reduce contract funds with the Soil and Water Conservation Commission to reflect the cyclical needs of the

Erosion and Sedimentation Certification program.

State General Funds

($300,000)

($300,000)

($300,000)

279.5 Enhance water modeling and monitoring.

State General Funds

$400,000

$400,000

$400,000

279.6 Transfer Solid Waste Trust Fund program into the Environmental Protection program.

State General Funds

$1,500,000

$1,500,000

$0

279.7 Transfer Hazardous Waste Trust program into the Environmental Protection program.

2866

JOURNAL OF THE SENATE

State General Funds

$7,600,000

$7,600,000

$0

Federal Funds Not Itemized

$73,850

$73,850

$0

TOTAL PUBLIC FUNDS

$7,673,850

$7,673,850

$0

279.8 Increase funding for the Solid Waste Trust program from $1.5 million to $6.5 million(S:Funds are increased in the

Solid Waste Trust Fund program (See line item 285.2))

State General Funds

$5,000,000

$4,500,000

$0

279.9 Add eight positions for erosion and sedimentation control to increase the number of inspections in high growth

areas.

State General Funds

$300,000

$300,000

$0

279.10 Reduce contract with the Department of Agriculture to provide gasoline samples and analysis for the Gasoline

Marketing Rule.

State General Funds

($100,000)

279. Environmental Protection

Appropriation (HB1027)

The purpose of this appropriation is to help provide Georgia's citizens with clean air, clean water, healthy lives and

productive land by assuring compliance with environmental laws and by assisting others to do their part for a better

environment.

TOTAL STATE FUNDS

$42,021,122

$41,521,122

$27,138,942

State General Funds

$42,021,122

$41,521,122

$27,138,942

TOTAL FEDERAL FUNDS

$3,437,011

$3,437,011

$9,850,960

Federal Funds Not Itemized

$3,437,011

$3,437,011

$9,414,118

Federal Highway Administration Planning & Construction

$436,842

CFDA20.205

TOTAL AGENCY FUNDS

$6,797,557

$6,797,557

$50,258,738

Sales and Services

$6,797,557

$6,797,557

$50,258,738

Sales and Services Not Itemized

$6,797,557

$6,797,557

$50,258,738

TOTAL PUBLIC FUNDS

$52,255,690

$51,755,690

$87,248,640

Hazardous Waste Trust Fund

Continuation Budget

Investigate and clean up abandoned hazardous sites.

TOTAL STATE FUNDS

$7,600,000

$7,600,000

$7,600,000

State General Funds

$7,600,000

$7,600,000

$7,600,000

TOTAL FEDERAL FUNDS

$73,850

$73,850

$73,850

THURSDAY, MARCH 23, 2006

2867

Federal Funds Not Itemized

$73,850

$73,850

$73,850

TOTAL PUBLIC FUNDS

$7,673,850

$7,673,850

$7,673,850

Changes in the Size of the Program

280.1 Transfer the Hazardous Waste Trust Fund into the Environmental Protection program.

State General Funds

($7,600,000)

($7,600,000)

$0

Federal Funds Not Itemized

($73,850)

($73,850)

$0

TOTAL PUBLIC FUNDS

($7,673,850)

($7,673,850)

$0

280. Hazardous Waste Trust Fund

Appropriation (HB1027)

Investigate and clean up abandoned hazardous sites.

TOTAL STATE FUNDS

$7,600,000

State General Funds

$7,600,000

TOTAL FEDERAL FUNDS

$73,850

Federal Funds Not Itemized

$73,850

TOTAL PUBLIC FUNDS

$7,673,850

Historic Preservation

Continuation Budget

The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future

generations.

TOTAL STATE FUNDS

$1,904,709

$1,904,709

$1,904,709

State General Funds

$1,904,709

$1,904,709

$1,904,709

TOTAL FEDERAL FUNDS

$544,351

$544,351

$544,351

Federal Funds Not Itemized

$544,351

$544,351

$544,351

TOTAL PUBLIC FUNDS

$2,449,060

$2,449,060

$2,449,060

Statewide Changes

281.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$112,051

$112,051

$112,051

Changes in How the Program is Funded

281.2 Remove fund sources.

Federal Funds Not Itemized

($54,351)

($54,351)

$0

Changes in the Size of the Program

281.3 Reduce the number of contracted historic planners from fourteen to twelve based on state service delivery regions.

State General Funds

($34,000)

$0

$0

2868

JOURNAL OF THE SENATE

281.4 Remove University of Georgia contract to computerize new site files and ongoing maintenance and database

management of the statewide computerized archaeological site file.

State General Funds

($15,000)

281. Historic Preservation

Appropriation (HB1027)

The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites for the enjoyment of present

and future generations.

TOTAL STATE FUNDS

$1,982,760

$2,016,760

$2,001,760

State General Funds

$1,982,760

$2,016,760

$2,001,760

TOTAL FEDERAL FUNDS

$490,000

$490,000

$544,351

Federal Funds Not Itemized

$490,000

$490,000

$544,351

TOTAL PUBLIC FUNDS

$2,472,760

$2,506,760

$2,546,111

Land Conservation

Continuation Budget

The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities,

can preserve community green space.

TOTAL STATE FUNDS

$415,605

$415,605

$415,605

State General Funds

$415,605

$415,605

$415,605

TOTAL PUBLIC FUNDS

$415,605

$415,605

$415,605

Statewide Changes

282.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$23,775

$23,775

$23,775

Changes in the Size of the Program

282.2 Increase funds by transferring funds from Parks, Recreation and Historic Sites and Wildlife Resource.

State General Funds

$27,000

$27,000

$27,000

282. Land Conservation

Appropriation (HB1027)

The purpose of this appropriation is to provide a framework within which developed and rapidly developing counties, and

their municipalities, can preserve community green space.

TOTAL STATE FUNDS

$466,380

$466,380

$466,380

State General Funds

$466,380

$466,380

$466,380

TOTAL PUBLIC FUNDS

$466,380

$466,380

$466,380

THURSDAY, MARCH 23, 2006

2869

Parks, Recreation and Historic Sites

Continuation Budget

The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout

Georgia.

TOTAL STATE FUNDS

$17,234,816

$17,234,816

$17,234,816

State General Funds

$17,234,816

$17,234,816

$17,234,816

TOTAL FEDERAL FUNDS

$855,941

$855,941

$855,941

Federal Funds Not Itemized

$845,941

$845,941

$845,941

Federal Highway Administration Planning & Construction

$10,000

$10,000

$10,000

CFDA20.205

TOTAL AGENCY FUNDS

$20,650,999

$20,650,999

$20,650,999

Intergovernmental Transfers

$3,707,103

$3,707,103

$3,707,103

Intergovernmental Transfers Not Itemized

$3,707,103

$3,707,103

$3,707,103

Royalties and Rents

$1,026

$1,026

$1,026

Royalties and Rents Not Itemized

$1,026

$1,026

$1,026

Sales and Services

$16,942,870

$16,942,870

$16,942,870

Sales and Services Not Itemized

$16,942,870

$16,942,870

$16,942,870

TOTAL PUBLIC FUNDS

$38,741,756

$38,741,756

$38,741,756

Statewide Changes

283.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$945,805

$945,805

$945,805

One-Time Expense

283.6 Provide 3% enhancement for Conservation Rangers and Conservation Rangers First Class.

State General Funds

$66,485

283.7 Provide funds for the schematic design of the Georgia Trail exhibit and the new animal hospital at Zoo Atlanta.

State General Funds

$0

Sales and Services Not Itemized

$200,000

TOTAL PUBLIC FUNDS

$200,000

Changes in How the Program is Funded

283.2 Remove fund sources.

Federal Highway Administration Planning & Construction

($10,000)

($10,000)

$0

CFDA20.205

2870

JOURNAL OF THE SENATE

Royalties and Rents Not Itemized

($1,026)

($1,026)

$0

Sales and Services Not Itemized

($2,004,125)

($2,004,125)

$0

TOTAL PUBLIC FUNDS

($2,015,151)

($2,015,151)

$0

283.3 Replace payments from the Lake Lanier Islands Development Authority with state general funds.

State General Funds

$665,966

$665,966

$665,966

Intergovernmental Transfers Not Itemized

($665,966)

($665,966)

($665,966)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in What Services are Offered

283.4 Add one position and operating funds for opening a new interpretive center and museum at Sweetwater Creek State

Park.

State General Funds

$184,000

$184,000

$184,000

Changes in the Size of the Program

283.5 Reduce program by transferring funds to Administration and Land Conservation.

State General Funds

($2,284)

($2,284)

($2,284)

283.8 Provide funding for Historic Markers.

State General Funds

$100,000

283. Parks, Recreation and Historic Sites

Appropriation (HB1027)

The purpose of this appropriation is to increase the public awareness of the opportunities at the state parks and historic

sites throughout Georgia.

TOTAL STATE FUNDS

$19,028,303

$19,028,303

$19,194,788

State General Funds

$19,028,303

$19,028,303

$19,194,788

TOTAL FEDERAL FUNDS

$845,941

$845,941

$855,941

Federal Funds Not Itemized

$845,941

$845,941

$845,941

Federal Highway Administration Planning & Construction

$10,000

CFDA20.205

TOTAL AGENCY FUNDS

$17,979,882

$17,979,882

$20,185,033

Intergovernmental Transfers

$3,041,137

$3,041,137

$3,041,137

Intergovernmental Transfers Not Itemized

$3,041,137

$3,041,137

$3,041,137

Royalties and Rents

$1,026

Royalties and Rents Not Itemized

$1,026

Sales and Services

$14,938,745

$14,938,745

$17,142,870

THURSDAY, MARCH 23, 2006

2871

Sales and Services Not Itemized

$14,938,745

$14,938,745

$17,142,870

TOTAL PUBLIC FUNDS

$37,854,126

$37,854,126

$40,235,762

Pollution Prevention Assistance

Continuation Budget

The purpose is to reduce pollution by providing non-regulatory assistance.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

TOTAL AGENCY FUNDS

$677,763

$677,763

$677,763

Reserved Fund Balances

$677,763

$677,763

$677,763

Reserved Fund Balances Not Itemized

$677,763

$677,763

$677,763

TOTAL PUBLIC FUNDS

$677,763

$677,763

$677,763

Statewide Changes

284.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$16,075

$16,075

$16,075

Changes in How the Program is Funded

284.2 Remove fund sources.

Reserved Fund Balances Not Itemized

($573,850)

($573,850)

$0

TOTAL PUBLIC FUNDS

($573,850)

($573,850)

$0

284. Pollution Prevention Assistance

Appropriation (HB1027)

The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance.

TOTAL STATE FUNDS

$16,075

$16,075

$16,075

State General Funds

$16,075

$16,075

$16,075

TOTAL AGENCY FUNDS

$103,913

$103,913

$677,763

Reserved Fund Balances

$103,913

$103,913

$677,763

Reserved Fund Balances Not Itemized

$103,913

$103,913

$677,763

TOTAL PUBLIC FUNDS

$119,988

$119,988

$693,838

Solid Waste Trust Fund

Continuation Budget

Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and

corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs.

TOTAL STATE FUNDS

$1,500,000

$1,500,000

$1,500,000

State General Funds

$1,500,000

$1,500,000

$1,500,000

TOTAL PUBLIC FUNDS

$1,500,000

$1,500,000

$1,500,000

2872

JOURNAL OF THE SENATE

Changes in the Size of the Program

285.1 Transfer the Solid Waste Trust Fund program into the Environmental Protection program.(G:YES)(H:YES)(S:NO)

State General Funds

($1,500,000)

($1,500,000)

$0

285.2 Increase funding for the Solid Waste Trust program from $1.5 million to $6.5 million.(S:Correct HB1026 increase

in the Solid Waste Trust Fund for sunken boats)

State General Funds

$4,820,000

285. Solid Waste Trust Fund

Appropriation (HB1027)

Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and

corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs.

TOTAL STATE FUNDS

$6,320,000

State General Funds

$6,320,000

TOTAL PUBLIC FUNDS

$6,320,000

Wildlife Resources

Continuation Budget

The purpose is to regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-game and endangered

wildlife, and maintain public education and law enforcement programs.

TOTAL STATE FUNDS

$28,915,612

$28,915,612

$28,915,612

State General Funds

$28,915,612

$28,915,612

$28,915,612

TOTAL FEDERAL FUNDS

$9,313,355

$9,313,355

$9,313,355

Federal Funds Not Itemized

$9,313,355

$9,313,355

$9,313,355

TOTAL AGENCY FUNDS

$2,952,250

$2,952,250

$2,952,250

Royalties and Rents

$15,250

$15,250

$15,250

Royalties and Rents Not Itemized

$15,250

$15,250

$15,250

Sales and Services

$2,937,000

$2,937,000

$2,937,000

Sales and Services Not Itemized

$2,937,000

$2,937,000

$2,937,000

TOTAL PUBLIC FUNDS

$41,181,217

$41,181,217

$41,181,217

Statewide Changes

286.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,660,107

$1,660,107

$1,660,107

Changes in How the Program is Funded

286.2 Remove fund sources.

Federal Funds Not Itemized

($4,186,564)

($4,186,564)

$0

THURSDAY, MARCH 23, 2006

2873

Sales and Services Not Itemized

($2,674,804)

($2,674,804)

$0

TOTAL PUBLIC FUNDS

($6,861,368)

($6,861,368)

$0

286.8 Remove contract with the University of Georgia Research Foundation to provide diagnostic services and wildlife

disease advice and training to DNR wildlife personnel.

State General Funds

($14,000)

Changes in What Services are Offered

286.3 Provide operating funds and add six positions for staffing the new conference facility and dining hall at the Charlie

Elliott Wildlife Center.

State General Funds

$200,000

$200,000

$200,000

286.4 Fund operating costs for opening the Flat Creek public fishing area including two fishery technician positions and

two motor vehicles to increase recreational opportunities.

State General Funds

$218,225

$218,225

$218,225

Changes in the Size of the Program

286.5 Eliminate one position and operating expenses for aquatic plant control of public and private waters.

State General Funds

($48,577)

($48,577)

($48,577)

286.6 Reduce program by transferring funds to Administration and Land Conservation.

State General Funds

($257,076)

($257,076)

($257,076)

286.7 Add three positions and operating funds to adequately address the management of flathead catfish in the Satilla

River.

State General Funds

$300,000

$0

286. Wildlife Resources

Appropriation (HB1027)

The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-

game and endangered wildlife, and maintain public education and law enforcement programs.

TOTAL STATE FUNDS

$30,688,291

$30,988,291

$30,674,291

State General Funds

$30,688,291

$30,988,291

$30,674,291

TOTAL FEDERAL FUNDS

$5,126,791

$5,126,791

$9,313,355

Federal Funds Not Itemized

$5,126,791

$5,126,791

$9,313,355

TOTAL AGENCY FUNDS

$277,446

$277,446

$2,952,250

Royalties and Rents

$15,250

$15,250

$15,250

Royalties and Rents Not Itemized

$15,250

$15,250

$15,250

Sales and Services

$262,196

$262,196

$2,937,000

2874

JOURNAL OF THE SENATE

Sales and Services Not Itemized

$262,196

$262,196

$2,937,000

TOTAL PUBLIC FUNDS

$36,092,528

$36,392,528

$42,939,896

Civil War Commission

Continuation Budget

The purpose is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields

associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and

other historic properties associated with the Civil War.

TOTAL STATE FUNDS

$50,000

$50,000

$50,000

State General Funds

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$50,000

Changes in the Size of the Program

287.1 Provide funds to preserve and protect Civil War Battlefields and cemeteries and other related historic sites across

the state.

State General Funds

$0

$0

$100,000

287. Civil War Commission

Appropriation (HB1027)

The purpose of this appropriation is to coordinate planning, preservation, and promotion of structures, buildings, sites, and

battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields,

cemeteries and other historic properties associated with the Civil War.

TOTAL STATE FUNDS

$50,000

$50,000

$150,000

State General Funds

$50,000

$50,000

$150,000

TOTAL PUBLIC FUNDS

$50,000

$50,000

$150,000

Georgia State Games Commission

Continuation Budget

The purpose is to improve the physical fitness of Georgians.

TOTAL STATE FUNDS

$50,149

$50,149

$50,149

State General Funds

$50,149

$50,149

$50,149

TOTAL AGENCY FUNDS

$332,213

$332,213

$332,213

Sales and Services

$332,213

$332,213

$332,213

Sales and Services Not Itemized

$332,213

$332,213

$332,213

TOTAL PUBLIC FUNDS

$382,362

$382,362

$382,362

Changes in How the Program is Funded

288.1 Eliminate state funds, one position and four motor vehicles for the Georgia State Games Commission.

State General Funds

($50,149)

$0

$0

THURSDAY, MARCH 23, 2006

2875

Reserved Fund Balances Not Itemized

$0

$0

$0

Sales and Services Not Itemized

($332,213)

($332,213)

$0

TOTAL PUBLIC FUNDS

($382,362)

($332,213)

$0

288. Georgia State Games Commission

Appropriation (HB1027)

The purpose of this appropriation is to improve the physical fitness of Georgians.

TOTAL STATE FUNDS

$50,149

$50,149

State General Funds

$50,149

$50,149

TOTAL AGENCY FUNDS

$332,213

Sales and Services

$332,213

Sales and Services Not Itemized

$332,213

TOTAL PUBLIC FUNDS

$50,149

$382,362

Payments to Georgia Agricultural Exposition Authority

Continuation Budget

The purpose is to showcase the state's agriculture and agribusiness, promote the agricultural achievement of Georgia's

young people, provide a center for diverse activities, and stage and promote a statewide fair.

TOTAL STATE FUNDS

$1,601,868

$1,601,868

$1,601,868

State General Funds

$1,601,868

$1,601,868

$1,601,868

TOTAL PUBLIC FUNDS

$1,601,868

$1,601,868

$1,601,868

Statewide Changes

289.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$39,766

$39,766

$39,766

289. Payments to Georgia Agricultural Exposition Authority

Appropriation (HB1027)

The purpose of this appropriation is to showcase the state's agriculture and agribusiness, promote the agricultural

achievement of Georgia's young people, provide a center for diverse activities, and stage and promote a statewide fair.

TOTAL STATE FUNDS

$1,641,634

$1,641,634

$1,641,634

State General Funds

$1,641,634

$1,641,634

$1,641,634

TOTAL PUBLIC FUNDS

$1,641,634

$1,641,634

$1,641,634

Payments to Georgia Agrirama Development Authority

Continuation Budget

The purpose is to collect, display, and preserve material culture of Georgia's agriculture and rural history and present to

general public and school groups.

TOTAL STATE FUNDS

$820,514

$820,514

$820,514

State General Funds

$820,514

$820,514

$820,514

2876

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$820,514

$820,514

$820,514

Statewide Changes

290.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$18,877

$18,877

$18,877

Changes in the Size of the Program

290.2 Increase funding for the historic village.

State General Funds

$32,820

$32,820

$32,820

290. Payments to Georgia Agrirama Development Authority

Appropriation (HB1027)

The purpose of this appropriation is to collect, display, and preserve material culture of Georgia's agriculture and rural

history and present to general public and school groups.

TOTAL STATE FUNDS

$872,211

$872,211

$872,211

State General Funds

$872,211

$872,211

$872,211

TOTAL PUBLIC FUNDS

$872,211

$872,211

$872,211

Payments to Lake Allatoona Preservation Authority

Continuation Budget

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

State General Funds

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

$100,000

One-Time Expense

291.1 Eliminate one-time funding for shoreline restoration, educational programs, a watershed study and other

projects.(H and S:Maintain funding for operations.)

State General Funds

($100,000)

$0

$0

291. Payments to Lake Allatoona Preservation Authority

Appropriation (HB1027)

TOTAL STATE FUNDS

$100,000

$100,000

State General Funds

$100,000

$100,000

TOTAL PUBLIC FUNDS

$100,000

$100,000

Payments to Southwest Georgia Railroad Excursion Authority

Continuation Budget

The purpose is to construct, finance, operate, and develop a rail passenger excursion project utilizing any state owned

railway in Crisp and Sumter counties and any nearby county which may be included within the service area.

TOTAL STATE FUNDS

$371,964

$371,964

$371,964

State General Funds

$371,964

$371,964

$371,964

TOTAL PUBLIC FUNDS

$371,964

$371,964

$371,964

THURSDAY, MARCH 23, 2006

2877

292. Payments to Southwest Georgia Railroad Excursion

Appropriation (HB1027)

Authority

The purpose of this appropriation is to construct, finance, operate, and develop a rail passenger excursion project utilizing

any state owned railway in Crisp and Sumter counties and any nearby county which may be included within the service

area.

TOTAL STATE FUNDS

$371,964

$371,964

$371,964

State General Funds

$371,964

$371,964

$371,964

TOTAL PUBLIC FUNDS

$371,964

$371,964

$371,964

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds

contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to

supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division

for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking

pass implemented by the Department.

The above appropriations reflect receipts from Lake Lanier Island Development Authority in an amount of $665,966; Jekyll

Island State Park Authority - $260,844 for year 17 of 20 years, last payment being made June 15th, 2009; Jekyll Island

Convention Center and Golf Course - $679,346 for year 12 of 20 years, last payment being made June 15th, 2014; and

North Georgia Mountains Authority - $1,434,982 for year 12 of 20 years, last payment being made June 15th, 2014.

Section 35: Pardons and Paroles, State Board of

Section Total - Continuation

TOTAL STATE FUNDS

$47,627,215

$47,627,215

$47,627,215

State General Funds

$47,627,215

$47,627,215

$47,627,215

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

Federal Funds Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$47,727,215

$47,727,215

$47,727,215

Section Total - Final

TOTAL STATE FUNDS

$49,847,069

$50,060,353

$50,112,887

State General Funds

$49,847,069

$50,060,353

$50,112,887

TOTAL FEDERAL FUNDS

$26,558

Federal Funds Not Itemized

$0

$26,558

TOTAL PUBLIC FUNDS

$49,847,069

$50,060,353

$50,139,445

2878

JOURNAL OF THE SENATE

Board Administration

Continuation Budget

The purpose is to provide administrative support for the agency.

TOTAL STATE FUNDS

$4,326,255

$4,326,255

$4,326,255

State General Funds

$4,326,255

$4,326,255

$4,326,255

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

Federal Funds Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$4,426,255

$4,426,255

$4,426,255

Statewide Changes

293.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$144,957

$144,957

$144,957

Changes in Operations / Administration

293.2 Provide additional funds for utilities, fuel and mileage reimbursement.

State General Funds

$20,652

$20,652

$20,652

293.5 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for

the following position: Parole Officer.(S:Add Parole Investigators)

State General Funds

$213,284

$265,818

Changes in How the Program is Funded

293.3 Eliminate one-time federal funding used for Parole Risk guidelines improvement.

Federal Funds Not Itemized

($100,000)

($100,000)

($100,000)

TOTAL PUBLIC FUNDS

($100,000)

Changes in the Size of the Program

293.4 Align funds to accurately align program delivery and personnel.

State General Funds

$400,000

$400,000

$400,000

293. Board Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative support for the agency.

TOTAL STATE FUNDS

$4,891,864

$5,105,148

$5,157,682

State General Funds

$4,891,864

$5,105,148

$5,157,682

Federal Funds Not Itemized

$0

TOTAL PUBLIC FUNDS

$4,891,864

$5,105,148

$5,157,682

THURSDAY, MARCH 23, 2006

2879

Clemency Decisions

Continuation Budget

The purpose is to investigate offenders when they enter the corrections system and make determinations about offender

eligibility for parole.

TOTAL STATE FUNDS

$9,769,111

$9,769,111

$9,769,111

State General Funds

$9,769,111

$9,769,111

$9,769,111

TOTAL PUBLIC FUNDS

$9,769,111

$9,769,111

$9,769,111

Statewide Changes

294.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$332,847

$332,847

$332,847

Changes in Operations / Administration

294.2 Provide additional funds for utilities, fuel and mileage reimbursement.

State General Funds

$15,452

$15,452

$15,452

Changes in the Size of the Program

294.3 Transfer funds from Parole Supervision to cover costs of records retention.

State General Funds

$50,000

$50,000

$50,000

294. Clemency Decisions

Appropriation (HB1027)

The purpose of this appropriation is to investigate offenders when they enter the corrections system and make

determinations about offender eligibility for parole.

TOTAL STATE FUNDS

$10,167,410

$10,167,410

$10,167,410

State General Funds

$10,167,410

$10,167,410

$10,167,410

TOTAL PUBLIC FUNDS

$10,167,410

$10,167,410

$10,167,410

Parole Supervision

Continuation Budget

The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS

$33,015,382

$33,015,382

$33,015,382

State General Funds

$33,015,382

$33,015,382

$33,015,382

TOTAL PUBLIC FUNDS

$33,015,382

$33,015,382

$33,015,382

Statewide Changes

295.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,079,671

$1,079,671

$1,079,671

Changes in Operations / Administration

295.2 Provide additional funds for utilities, fuel and mileage reimbursement.

2880

JOURNAL OF THE SENATE

State General Funds

$311,081

$311,081

$311,081

Changes in How the Program is Funded

295.6 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$26,558

TOTAL PUBLIC FUNDS

$26,558

Changes in the Size of the Program

295.3 Align funding to accurately align program delivery and personnel.

State General Funds

($400,000)

($400,000)

($400,000)

295.4 Provide additional funding for substance abuse assessment and treatment.

State General Funds

$300,000

$300,000

$300,000

295.5 Transfer funds to Clemency Decisions to cover costs of records retention.

State General Funds

($50,000)

($50,000)

($50,000)

295. Parole Supervision

Appropriation (HB1027)

The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law

abiding citizens.

TOTAL STATE FUNDS

$34,256,134

$34,256,134

$34,256,134

State General Funds

$34,256,134

$34,256,134

$34,256,134

TOTAL FEDERAL FUNDS

$26,558

Federal Funds Not Itemized

$26,558

TOTAL PUBLIC FUNDS

$34,256,134

$34,256,134

$34,282,692

Victim Services

Continuation Budget

The purpose of this program is to provide notification to victims of changes in offender status or placement, to conduct

outreach and information gathering from victim during clemency proceedings and generally to act as a liaison to victims

for the state corrections system.

TOTAL STATE FUNDS

$516,467

$516,467

$516,467

State General Funds

$516,467

$516,467

$516,467

TOTAL PUBLIC FUNDS

$516,467

$516,467

$516,467

Statewide Changes

296.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$15,194

$15,194

$15,194

THURSDAY, MARCH 23, 2006

2881

296. Victim Services

Appropriation (HB1027)

The purpose of this program is to provide notification to victims of changes in offender status or placement, to conduct

outreach and information gathering from victim during clemency proceedings and generally to act as a liaison to victims

for the state corrections system.

TOTAL STATE FUNDS

$531,661

$531,661

$531,661

State General Funds

$531,661

$531,661

$531,661

TOTAL PUBLIC FUNDS

$531,661

$531,661

$531,661

Section 36: Properties Commission, State

Section Total - Continuation

TOTAL STATE FUNDS

$3,261,332

$3,261,332

$3,261,332

State General Funds

$3,261,332

$3,261,332

$3,261,332

TOTAL PUBLIC FUNDS

$3,261,332

$3,261,332

$3,261,332

Section Total - Final

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$991,080

$991,080

$991,080

TOTAL PUBLIC FUNDS

$991,080

$991,080

$991,080

Leasing

Continuation Budget

The purpose is to help state government meet its current need for office space and plan for future needs as business goals

and operations change.

TOTAL STATE FUNDS

$371,491

$371,491

$371,491

State General Funds

$371,491

$371,491

$371,491

TOTAL PUBLIC FUNDS

$371,491

$371,491

$371,491

Statewide Changes

297.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Rental Payments

$31,164

$31,164

$31,164

Changes to the Purpose or the Purpose Measure

297.4 SAC: The purpose of this appropriation is to help state government meet its current need for office space and plan

for future needs as business goals and operations change.

House: To manage leasing transactions.

Rental Payments

$0

$0

2882

JOURNAL OF THE SENATE

Changes in Operations / Administration

297.2 Change program name from "Space Management" to "Leasing". (G:YES)(H:YES)(S:YES)

Rental Payments

$0

$0

$0

Changes in the Size of the Program

297.3 Transfer from the Department of Administrative Services per SB 158.

State General Funds

($371,491)

($371,491)

($371,491)

Rental Payments

$371,491

$371,491

$371,491

TOTAL PUBLIC FUNDS

$0

$0

$0

297. Leasing

Appropriation (HB1027)

The purpose of this appropriation is to help state government meet its current need for office space and plan for future

needs as business goals and operations change.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$402,655

$402,655

$402,655

Rental Payments

$402,655

$402,655

$402,655

TOTAL PUBLIC FUNDS

$402,655

$402,655

$402,655

Properties Commission, State

Continuation Budget

The purpose is to assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an

equitable, legal, ethical, and efficient manner.

TOTAL STATE FUNDS

$558,553

$558,553

$558,553

State General Funds

$558,553

$558,553

$558,553

TOTAL PUBLIC FUNDS

$558,553

$558,553

$558,553

Statewide Changes

298.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Rental Payments

$29,872

$29,872

$29,872

Changes in How the Program is Funded

298.2 Replace state funds with rental payments for the operation of the State Properties Commission.

State General Funds

($558,553)

($558,553)

($558,553)

Rental Payments

$558,553

$558,553

$558,553

TOTAL PUBLIC FUNDS

$0

$0

$0

298. Properties Commission, State

Appropriation (HB1027)

The purpose of this appropriation is to assure the taxpayers of Georgia that acquisitions and dispositions of state property

are carried out in an equitable, legal, ethical, and efficient manner.

THURSDAY, MARCH 23, 2006

2883

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$588,425

$588,425

$588,425

Rental Payments

$588,425

$588,425

$588,425

TOTAL PUBLIC FUNDS

$588,425

$588,425

$588,425

Payments to Georgia Building Authority

Continuation Budget

The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state

government.

TOTAL STATE FUNDS

$2,331,288

$2,331,288

$2,331,288

State General Funds

$2,331,288

$2,331,288

$2,331,288

TOTAL PUBLIC FUNDS

$2,331,288

$2,331,288

$2,331,288

Statewide Changes

299.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Sales and Services Not Itemized

$0

$0

$0

Changes in Operations / Administration

299.2 Provide funding for projects at Northwest Georgia Regional Hospital, Southwestern State Hospital, and East

Central Regional Hospital - Augusta Campus. (G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

299.3 Adjust annualizer to reflect updated projections (-$2,246). (G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

One-Time Expense

299.4 Eliminate one-time funding for the purchase of property around Capitol Hill (-$1,500,000).

(G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

Changes in How the Program is Funded

299.5 Eliminate State General Funds from the GBA budget.

State General Funds

($2,331,288)

($2,331,288)

($2,331,288)

299.6 Transfer from the Department of Administrative Services per SB 158 ($2,331,288). (G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

Changes in the Size of the Program

299.7 Adjust agency rental rates to create a maintenance and repair fund for facilities ($3,000,000).

(G:YES)(H:YES)(S:YES)

Sales and Services Not Itemized

$0

$0

$0

2884

JOURNAL OF THE SENATE

Section 37A: Public Safety, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$86,889,001

$86,889,001

$86,889,001

State General Funds

$86,889,001

$86,889,001

$86,889,001

TOTAL FEDERAL FUNDS

$5,728,935

$5,728,935

$5,728,935

Federal Funds Not Itemized

$5,728,935

$5,728,935

$5,728,935

TOTAL AGENCY FUNDS

$7,196,898

$7,196,898

$7,196,898

Sales and Services

$7,196,898

$7,196,898

$7,196,898

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,151,435

$3,151,435

$3,151,435

TOTAL PUBLIC FUNDS

$102,966,269 $102,966,269 $102,966,269

Section Total - Final

TOTAL STATE FUNDS

$90,883,720

$93,092,896

$91,676,495

State General Funds

$90,883,720

$93,092,896

$91,676,495

TOTAL FEDERAL FUNDS

$7,028,935

$7,028,935

$14,227,778

Federal Funds Not Itemized

$7,028,935

$7,028,935

$14,227,778

TOTAL AGENCY FUNDS

$5,896,898

$5,896,898

$8,798,006

Contributions, Donations, and Forfeitures

$3,115

Intergovernmental Transfers

$2,782,285

Sales and Services

$5,896,898

$5,896,898

$6,012,606

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,151,435

$3,151,435

$3,151,435

TOTAL PUBLIC FUNDS

$106,960,988 $109,170,164 $117,853,714

Aviation

Continuation Budget

The purpose is to provide air support to the Georgia State Patrol and other state, federal, and local agencies improving

public safety for the citizens of Georgia.

TOTAL STATE FUNDS

$2,307,130

$2,307,130

$2,307,130

State General Funds

$2,307,130

$2,307,130

$2,307,130

TOTAL PUBLIC FUNDS

$2,307,130

$2,307,130

$2,307,130

Statewide Changes

300.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$58,765

$58,765

$58,765

Changes in How the Program is Funded

300.2 Add funds to properly reflect operating budget represented in HB1026.

THURSDAY, MARCH 23, 2006

2885

Federal Funds Not Itemized

$5,936

300. Aviation

Appropriation (HB1027)

The purpose of this appropriation is to provide air support to the Georgia State Patrol and other state, federal, and local

agencies improving public safety for the citizens of Georgia.

TOTAL STATE FUNDS

$2,365,895

$2,365,895

$2,365,895

State General Funds

$2,365,895

$2,365,895

$2,365,895

TOTAL FEDERAL FUNDS

$5,936

Federal Funds Not Itemized

$5,936

TOTAL PUBLIC FUNDS

$2,365,895

$2,365,895

$2,371,831

Capitol Police Services

Continuation Budget

The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the

Capitol.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,151,435

$3,151,435

$3,151,435

Agency to Agency Contracts

$3,151,435

$3,151,435

$3,151,435

TOTAL PUBLIC FUNDS

$3,151,435

$3,151,435

$3,151,435

Changes in How the Program is Funded

301.1 Add funds to properly reflect operating budget represented in HB1026.

Intergovernmental Transfers Not Itemized

$2,782,285

301. Capitol Police Services

Appropriation (HB1027)

The purpose of this appropriation is to protect life and property, prevent and detect criminal acts, and enforce traffic

regulations throughout the Capitol.

TOTAL AGENCY FUNDS

$2,782,285

Intergovernmental Transfers

$2,782,285

Intergovernmental Transfers Not Itemized

$2,782,285

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,151,435

$3,151,435

$3,151,435

Agency to Agency Contracts

$3,151,435

$3,151,435

$3,151,435

TOTAL PUBLIC FUNDS

$3,151,435

$3,151,435

$5,933,720

Departmental Administration

Continuation Budget

The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors

to our state.

2886

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$9,816,239

$9,816,239

$9,816,239

State General Funds

$9,816,239

$9,816,239

$9,816,239

TOTAL PUBLIC FUNDS

$9,816,239

$9,816,239

$9,816,239

Statewide Changes

302.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$211,443

$211,443

$211,443

Changes in Operations / Administration

302.4 Realign program budgets to meet projected expenditures.

State General Funds

($410,000)

($410,000)

Changes in How the Program is Funded

302.5 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$43,820

Changes in the Size of the Program

302.2 Reduce funds.

State General Funds

($373,178)

($373,178)

($373,178)

302.3 Transfer one position from the Georgia Department of Revenue.

State General Funds

$30,000

$30,000

$30,000

302. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for

residents and visitors to our state.

TOTAL STATE FUNDS

$9,684,504

$9,274,504

$9,274,504

State General Funds

$9,684,504

$9,274,504

$9,274,504

TOTAL FEDERAL FUNDS

$43,820

Federal Funds Not Itemized

$43,820

TOTAL PUBLIC FUNDS

$9,684,504

$9,274,504

$9,318,324

Executive Security Services

Continuation Budget

The purpose is to provide facility security for the Governor's Mansion and personal security for the residents; and to

provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

TOTAL STATE FUNDS

$1,050,978

$1,050,978

$1,050,978

State General Funds

$1,050,978

$1,050,978

$1,050,978

TOTAL PUBLIC FUNDS

$1,050,978

$1,050,978

$1,050,978

THURSDAY, MARCH 23, 2006

2887

Statewide Changes

303.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$41,376

$41,376

$41,376

Changes in How the Program is Funded

303.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$5,000

Changes in the Size of the Program

303.2 Realign program budgets to meet projected expenditures.

State General Funds

$300,000

$300,000

303. Executive Security Services

Appropriation (HB1027)

The purpose of this appropriation is to provide facility security for the Governor's Mansion and personal security for the

residents; and to provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their

families.

TOTAL STATE FUNDS

$1,092,354

$1,392,354

$1,392,354

State General Funds

$1,092,354

$1,392,354

$1,392,354

TOTAL FEDERAL FUNDS

$5,000

Federal Funds Not Itemized

$5,000

TOTAL PUBLIC FUNDS

$1,092,354

$1,392,354

$1,397,354

Field Offices and Services

Continuation Budget

The purpose of the Criminal Interdiction Unit represents an active statewide commitment to reduce drug trafficking in the

State of Georgia by networking with other state, federal and local law enforcement agencies.

TOTAL STATE FUNDS

$60,086,195

$60,086,195

$60,086,195

State General Funds

$60,086,195

$60,086,195

$60,086,195

TOTAL PUBLIC FUNDS

$60,086,195

$60,086,195

$60,086,195

Statewide Changes

304.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$2,378,099

$2,378,099

$2,378,099

Changes to the Purpose or the Purpose Measure

304.6 SAC: The purpose of this appropriation is to reduce drug trafficking in the State of Georgia by networking with

other state, federal and local law enforcement agencies.

2888

JOURNAL OF THE SENATE

House: The purpose of this appropriation is to reduce drug trafficking in the State of Georgia by networking with

other state, federal and local law enforcement agencies.

State General Funds

$0

$0

Changes in Operations / Administration

304.2 Annualize the cost of two Trooper Schools.

State General Funds

$703,060

$703,060

$703,060

304.7 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for

the following positions: Trooper First Class, Lieutenant, Corporal, Sergeant, MCCD Corporal, and MCCD

Sergeant.(S:Provide salary adjustment to Troopers, Troopers 1st Class, Cadets, Trooper Cadets/Trooper School,

MCCD Officer Cadets, MCCD Sergeants, and MCCD Corporals)

State General Funds

$750,466

$597,473

304.9 Provide a 10% hazard pay supplement to SWAT team members.

State General Funds

$124,382

Changes in How the Program is Funded

304.8 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,253,433

Contributions, Donations, and Forfeitures Not Itemized

$3,115

Sales and Services Not Itemized

$90,913

TOTAL PUBLIC FUNDS

$1,347,461

Changes in the Size of the Program

304.3 Provide funds to implement a ten Trooper Motorcycle unit located in the Metro Atlanta area.

State General Funds

$277,500

$0

$277,500

304.4 Fund sixteen vacant DPS Post Secretary positions.

State General Funds

$563,190

$0

304.5 Provide funds for two trooper schools, each with fifty initial candidates.

State General Funds

$1,121,100

$0

304. Field Offices and Services

Appropriation (HB1027)

The purpose of this appropriation is to reduce drug trafficking in the State of Georgia by networking with other state,

federal and local law enforcement agencies.

TOTAL STATE FUNDS

$63,444,854

$65,602,110

$64,166,709

State General Funds

$63,444,854

$65,602,110

$64,166,709

THURSDAY, MARCH 23, 2006

2889

TOTAL FEDERAL FUNDS

$1,253,433

Federal Funds Not Itemized

$1,253,433

TOTAL AGENCY FUNDS

$94,028

Contributions, Donations, and Forfeitures

$3,115

Contributions, Donations, and Forfeitures Not Itemized

$3,115

Sales and Services

$90,913

Sales and Services Not Itemized

$90,913

TOTAL PUBLIC FUNDS

$63,444,854

$65,602,110

$65,514,170

Motor Carrier Compliance

Continuation Budget

The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and

driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$6,329,515

$6,329,515

$6,329,515

State General Funds

$6,329,515

$6,329,515

$6,329,515

TOTAL FEDERAL FUNDS

$2,561,998

$2,561,998

$2,561,998

Federal Funds Not Itemized

$2,561,998

$2,561,998

$2,561,998

TOTAL AGENCY FUNDS

$7,196,898

$7,196,898

$7,196,898

Sales and Services

$7,196,898

$7,196,898

$7,196,898

Sales and Services Not Itemized

$7,196,898

$7,196,898

$7,196,898

TOTAL PUBLIC FUNDS

$16,088,411

$16,088,411

$16,088,411

Statewide Changes

305.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$283,421

$283,421

$283,421

Changes in How the Program is Funded

305.2 Reflect a reduction of the DOT Permit funds and an increase in the Motor Carrier Safety Assistance Program

funds. The redistribution allows the reduction of DOT Permit funds and an increase in the MCSAP funds.

Federal Funds Not Itemized

$1,300,000

Sales and Services Not Itemized

($1,300,000)

TOTAL PUBLIC FUNDS

$0

305.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,300,000 ($1,300,000)
$0

$1,300,000 ($1,300,000)
$0
$321,676

2890

JOURNAL OF THE SENATE

305. Motor Carrier Compliance

Appropriation (HB1027)

The purpose of this appropriation is to enforce and administer state laws and regulations for mandated programs relating

to driver safety and driver education for both novice and problem drivers.

TOTAL STATE FUNDS

$6,612,936

$6,612,936

$6,612,936

State General Funds

$6,612,936

$6,612,936

$6,612,936

TOTAL FEDERAL FUNDS

$3,861,998

$3,861,998

$4,183,674

Federal Funds Not Itemized

$3,861,998

$3,861,998

$4,183,674

TOTAL AGENCY FUNDS

$5,896,898

$5,896,898

$5,896,898

Sales and Services

$5,896,898

$5,896,898

$5,896,898

Sales and Services Not Itemized

$5,896,898

$5,896,898

$5,896,898

TOTAL PUBLIC FUNDS

$16,371,832

$16,371,832

$16,693,508

Specialized Collision Reconstruction Team

Continuation Budget

The purpose is to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators

and properly document evidence in collisions to be used for successful court prosecution.

TOTAL STATE FUNDS

$2,150,997

$2,150,997

$2,150,997

State General Funds

$2,150,997

$2,150,997

$2,150,997

TOTAL PUBLIC FUNDS

$2,150,997

$2,150,997

$2,150,997

Statewide Changes

306.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$89,548

$89,548

$89,548

Changes in Operations / Administration

306.2 Realign program budgets to meet projected expenditures.

State General Funds

$110,000

$110,000

Changes in How the Program is Funded

306.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$12,770

306. Specialized Collision Reconstruction Team

Appropriation (HB1027)

The purpose of this appropriation is to provide a means by which fatal crashes can be investigated thoroughly by specially

trained investigators and properly document evidence in collisions to be used for successful court prosecution.

TOTAL STATE FUNDS

$2,240,545

$2,350,545

$2,350,545

State General Funds

$2,240,545

$2,350,545

$2,350,545

THURSDAY, MARCH 23, 2006

2891

TOTAL FEDERAL FUNDS

$12,770

Federal Funds Not Itemized

$12,770

TOTAL PUBLIC FUNDS

$2,240,545

$2,350,545

$2,363,315

Troop J Specialty Units

Continuation Budget

Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the

entire breath-alcohol program for the State of Georgia.

TOTAL STATE FUNDS

$2,204,535

$2,204,535

$2,204,535

State General Funds

$2,204,535

$2,204,535

$2,204,535

TOTAL PUBLIC FUNDS

$2,204,535

$2,204,535

$2,204,535

Statewide Changes

307.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$87,220

$87,220

$87,220

Changes in How the Program is Funded

307.2 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$2,620

307. Troop J Specialty Units

Appropriation (HB1027)

Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the

entire breath-alcohol program for the State of Georgia.

TOTAL STATE FUNDS

$2,291,755

$2,291,755

$2,291,755

State General Funds

$2,291,755

$2,291,755

$2,291,755

TOTAL FEDERAL FUNDS

$2,620

Federal Funds Not Itemized

$2,620

TOTAL PUBLIC FUNDS

$2,291,755

$2,291,755

$2,294,375

Firefighter Standards and Training Council, Georgia

Continuation Budget

The purpose is to provide minimum certification standards for all firefighters and public safety professionals.

TOTAL STATE FUNDS

$551,565

$551,565

$551,565

State General Funds

$551,565

$551,565

$551,565

TOTAL PUBLIC FUNDS

$551,565

$551,565

$551,565

Statewide Changes

309.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$20,580

$20,580

$20,580

2892

JOURNAL OF THE SENATE

Changes in Operations / Administration

309.2 Increase funds to implement SB69 that requires the Council to certify volunteer firefighters.

State General Funds

$16,080

$22,000

$22,000

309.3 Increase funds to provide state certified firefighters to evaluate firefighters certification tests.

State General Funds

$50,000

$96,000

$50,000

309. Firefighter Standards and Training Council, Georgia

Appropriation (HB1027)

The purpose of this appropriation is to provide minimum certification standards for all firefighters and public safety

professionals.

TOTAL STATE FUNDS

$638,225

$690,145

$644,145

State General Funds

$638,225

$690,145

$644,145

TOTAL PUBLIC FUNDS

$638,225

$690,145

$644,145

Highway Safety, Office of

Continuation Budget

The purpose is to educate the public on highway safety issues and facilitate the implementation of programs to reduce

crashes, injuries and fatalities on Georgia roadways.

TOTAL STATE FUNDS

$485,876

$485,876

$485,876

State General Funds

$485,876

$485,876

$485,876

TOTAL FEDERAL FUNDS

$3,166,937

$3,166,937

$3,166,937

Federal Funds Not Itemized

$3,166,937

$3,166,937

$3,166,937

TOTAL PUBLIC FUNDS

$3,652,813

$3,652,813

$3,652,813

Statewide Changes

310.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$18,009

$18,009

$18,009

Changes in How the Program is Funded

310.2 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$5,553,588

TOTAL PUBLIC FUNDS

$5,553,588

310. Highway Safety, Office of

Appropriation (HB1027)

The purpose of this appropriation is to educate the public on highway safety issues and facilitate the implementation of

programs to reduce crashes, injuries and fatalities on Georgia roadways.

TOTAL STATE FUNDS

$503,885

$503,885

$503,885

State General Funds

$503,885

$503,885

$503,885

THURSDAY, MARCH 23, 2006

2893

TOTAL FEDERAL FUNDS

$3,166,937

$3,166,937

$8,720,525

Federal Funds Not Itemized

$3,166,937

$3,166,937

$8,720,525

TOTAL PUBLIC FUNDS

$3,670,822

$3,670,822

$9,224,410

Peace Officer Standards and Training Council, Georgia

Continuation Budget

The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers

and criminal justice professionals.

TOTAL STATE FUNDS

$1,905,971

$1,905,971

$1,905,971

State General Funds

$1,905,971

$1,905,971

$1,905,971

TOTAL PUBLIC FUNDS

$1,905,971

$1,905,971

$1,905,971

Statewide Changes

311.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$59,297

$59,297

$59,297

Changes in Operations / Administration

311.2 Annualize the cost of one investigator position transferred from the Department of Corrections.

State General Funds

$43,499

$43,499

$43,499

Changes in How the Program is Funded

311.3 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$24,795

Changes in the Size of the Program

311.4 Provide funds to develop and implement a Peace Officer certification exit exam.

State General Funds

$65,000

311. Peace Officer Standards and Training Council, Georgia

Appropriation (HB1027)

The purpose of this appropriation is to provide the citizens of Georgia with qualified, professionally trained, ethical and

competent peace officers and criminal justice professionals.

TOTAL STATE FUNDS

$2,008,767

$2,008,767

$2,073,767

State General Funds

$2,008,767

$2,008,767

$2,073,767

TOTAL AGENCY FUNDS

$24,795

Sales and Services

$24,795

Sales and Services Not Itemized

$24,795

TOTAL PUBLIC FUNDS

$2,008,767

$2,008,767

$2,098,562

2894

JOURNAL OF THE SENATE

Section 37B: Public Safety Training Center

Section Total - Continuation

TOTAL STATE FUNDS

$10,988,058

$10,988,058

$10,988,058

State General Funds

$10,988,058

$10,988,058

$10,988,058

TOTAL AGENCY FUNDS

$756,913

$756,913

$756,913

Sales and Services

$756,913

$756,913

$756,913

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$877,160

$877,160

$877,160

TOTAL PUBLIC FUNDS

$12,622,131

$12,622,131

$12,622,131

Section Total - Final

TOTAL STATE FUNDS

$11,371,656

$11,571,656

$11,646,656

State General Funds

$11,371,656

$11,571,656

$11,646,656

TOTAL FEDERAL FUNDS

$1,482,639

Federal Funds Not Itemized

$1,482,639

TOTAL AGENCY FUNDS

$756,913

$756,913

$930,841

Sales and Services

$756,913

$756,913

$930,841

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$877,160

$877,160

$877,160

TOTAL PUBLIC FUNDS

$13,005,729

$13,205,729

$14,937,296

Fire Academy, Georgia

Continuation Budget

The purpose is to provide professional training for firefighters.

TOTAL STATE FUNDS

$993,773

$993,773

$993,773

State General Funds

$993,773

$993,773

$993,773

TOTAL AGENCY FUNDS

$152,680

$152,680

$152,680

Sales and Services

$152,680

$152,680

$152,680

Sales and Services Not Itemized

$152,680

$152,680

$152,680

TOTAL PUBLIC FUNDS

$1,146,453

$1,146,453

$1,146,453

Statewide Changes

308.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$41,091

$41,091

$41,091

Changes in Operations / Administration

308.2 Transfer funds and activities to the Georgia Public Safety Training Center to allow all training to operate under

one program.(G:YES)(H:YES)(S:Do not consolidate but create Section 37B Public Safety Training Center)

State General Funds

$0

$0

$0

THURSDAY, MARCH 23, 2006

2895

Changes in How the Program is Funded

308.6 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$119,895

TOTAL PUBLIC FUNDS

$119,895

Changes in the Size of the Program

308.3 Increase funds for regional training of volunteer firefighters.

State General Funds

$100,000

308.4 Increase funds to provide continual training of current technical rescue teams and to train replacement personnel

when existing team members are rotated off.

State General Funds

$50,000

308.5 Increase funds to restore previous funding levels for Technical Rescue.

State General Funds

$25,000

308. Fire Academy, Georgia

Appropriation (HB1027)

The purpose of this appropriation is to provide professional training for firefighters.

TOTAL STATE FUNDS

$1,034,864

$1,034,864

$1,209,864

State General Funds

$1,034,864

$1,034,864

$1,209,864

TOTAL FEDERAL FUNDS

$119,895

Federal Funds Not Itemized

$119,895

TOTAL AGENCY FUNDS

$152,680

$152,680

$152,680

Sales and Services

$152,680

$152,680

$152,680

Sales and Services Not Itemized

$152,680

$152,680

$152,680

TOTAL PUBLIC FUNDS

$1,187,544

$1,187,544

$1,482,439

Police Academy, Georgia

Continuation Budget

The purpose is to research, develop, and deliver the mandated 40 hour basic coroner training and the 24 hour annual in-

service training for all coroners and deputy coroners.

TOTAL STATE FUNDS

$1,120,740

$1,120,740

$1,120,740

State General Funds

$1,120,740

$1,120,740

$1,120,740

TOTAL AGENCY FUNDS

$121,094

$121,094

$121,094

Sales and Services

$121,094

$121,094

$121,094

Sales and Services Not Itemized

$121,094

$121,094

$121,094

TOTAL PUBLIC FUNDS

$1,241,834

$1,241,834

$1,241,834

2896

JOURNAL OF THE SENATE

Statewide Changes

312.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$44,057

$44,057

$44,057

Changes in Operations / Administration

312.2 Transfer funds and activities to the Georgia Public Safety Training Center to allow all training to operate under

one program.(G:YES)(H:YES)(S:Do not consolidate programs but create Section 37B Public Safety Training

Center)

State General Funds

$0

$0

$0

Changes in How the Program is Funded

312.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,227,230

TOTAL PUBLIC FUNDS

$1,227,230

312. Police Academy, Georgia

Appropriation (HB1027)

The purpose of this appropriation is to research, develop, and deliver the mandated 40 hour basic coroner training and the

24 hour annual in-service training for all coroners and deputy coroners.

TOTAL STATE FUNDS

$1,164,797

$1,164,797

$1,164,797

State General Funds

$1,164,797

$1,164,797

$1,164,797

TOTAL FEDERAL FUNDS

$1,227,230

Federal Funds Not Itemized

$1,227,230

TOTAL AGENCY FUNDS

$121,094

$121,094

$121,094

Sales and Services

$121,094

$121,094

$121,094

Sales and Services Not Itemized

$121,094

$121,094

$121,094

TOTAL PUBLIC FUNDS

$1,285,891

$1,285,891

$2,513,121

Public Safety Training Center, Georgia

Continuation Budget

The department is charged with the development, delivery and facilitation of training that results in professional and

competent public safety services for the people of Georgia.

TOTAL STATE FUNDS

$8,873,545

$8,873,545

$8,873,545

State General Funds

$8,873,545

$8,873,545

$8,873,545

TOTAL AGENCY FUNDS

$483,139

$483,139

$483,139

Sales and Services

$483,139

$483,139

$483,139

Sales and Services Not Itemized

$483,139

$483,139

$483,139

THURSDAY, MARCH 23, 2006

2897

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$877,160

$877,160

$877,160

Agency to Agency Contracts

$877,160

$877,160

$877,160

TOTAL PUBLIC FUNDS

$10,233,844

$10,233,844

$10,233,844

Statewide Changes

313.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$263,450

$263,450

$263,450

Changes in Operations / Administration

313.2 Transfer funds and activities from Fire Academy and Police Academy to allow all training to operate under one

program.(G:YES)(H:YES)(S:Do not consolidate but create Section 37B Public Safety Training Center)

State General Funds

$0

$0

$0

One-Time Expense

313.4 Add funds to develop the Dalton Diversion Center as a Training Center and other facilties as needed.

State General Funds

$200,000

$100,000

Changes in the Size of the Program

313.3 Increase funds to provide meals and lodging for students enrolled in the Basic Communications Officer course.

State General Funds

$35,000

$35,000

$35,000

313.5 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$135,514

Sales and Services Not Itemized

$173,928

TOTAL PUBLIC FUNDS

$309,442

313. Public Safety Training Center, Georgia

Appropriation (HB1027)

The department is charged with the development, delivery and facilitation of training that results in professional and

competent public safety services for the people of Georgia.

TOTAL STATE FUNDS

$9,171,995

$9,371,995

$9,271,995

State General Funds

$9,171,995

$9,371,995

$9,271,995

TOTAL FEDERAL FUNDS

$135,514

Federal Funds Not Itemized

$135,514

TOTAL AGENCY FUNDS

$483,139

$483,139

$657,067

Sales and Services

$483,139

$483,139

$657,067

Sales and Services Not Itemized

$483,139

$483,139

$657,067

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$877,160

$877,160

$877,160

2898

JOURNAL OF THE SENATE

Agency to Agency Contracts

$877,160

$877,160

$877,160

TOTAL PUBLIC FUNDS

$10,532,294

$10,732,294

$10,941,736

Section 38: Public Service Commission

Section Total - Continuation

TOTAL STATE FUNDS

$8,405,867

$8,405,867

$8,405,867

State General Funds

$8,405,867

$8,405,867

$8,405,867

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

Federal Funds Not Itemized

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$8,679,178

$8,679,178

$8,679,178

Section Total - Final

TOTAL STATE FUNDS

$8,847,095

$8,847,095

$8,847,095

State General Funds

$8,847,095

$8,847,095

$8,847,095

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

Federal Funds Not Itemized

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$9,120,406

$9,120,406

$9,120,406

Commission Administration

Continuation Budget

The purpose is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS

$1,401,396

$1,401,396

$1,401,396

State General Funds

$1,401,396

$1,401,396

$1,401,396

TOTAL PUBLIC FUNDS

$1,401,396

$1,401,396

$1,401,396

Statewide Changes

314.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$48,655

$48,655

$48,655

One-Time Expense

314.2 Eliminate one-time funding for moving expenses.

State General Funds

($175,000)

($175,000)

($175,000)

Changes in the Size of the Program

314.3 Reduce the program by transferring funds to the Utilities Regulation program.

State General Funds

($87,986)

($87,986)

($87,986)

314. Commission Administration

Appropriation (HB1027)

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

THURSDAY, MARCH 23, 2006

2899

TOTAL STATE FUNDS

$1,187,065

$1,187,065

$1,187,065

State General Funds

$1,187,065

$1,187,065

$1,187,065

TOTAL PUBLIC FUNDS

$1,187,065

$1,187,065

$1,187,065

Facility Protection

Continuation Budget

The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

TOTAL STATE FUNDS

$665,164

$665,164

$665,164

State General Funds

$665,164

$665,164

$665,164

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

Federal Funds Not Itemized

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$938,475

$938,475

$938,475

Statewide Changes

315.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$25,679

$25,679

$25,679

Changes in Operations / Administration

315.2 Transfer a position to Facilities Protection from Utilities Regulation. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

Changes in the Size of the Program

315.3 Reduce program by transferring funds to the Utilities Regulation program.

State General Funds

($60,519)

($60,519)

($60,519)

315. Facility Protection

Appropriation (HB1027)

The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

TOTAL STATE FUNDS

$630,324

$630,324

$630,324

State General Funds

$630,324

$630,324

$630,324

TOTAL FEDERAL FUNDS

$273,311

$273,311

$273,311

Federal Funds Not Itemized

$273,311

$273,311

$273,311

TOTAL PUBLIC FUNDS

$903,635

$903,635

$903,635

Utilities Regulation

Continuation Budget

The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS

$6,339,307

$6,339,307

$6,339,307

State General Funds

$6,339,307

$6,339,307

$6,339,307

TOTAL PUBLIC FUNDS

$6,339,307

$6,339,307

$6,339,307

2900

JOURNAL OF THE SENATE

Statewide Changes

316.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$231,679

$231,679

$231,679

One-Time Expense

316.2 Provide funding to hire outside consultants and expert witnesses for upcoming rate proceedings.

State General Funds

$200,000

$200,000

$200,000

Changes in the Size of the Program

316.3 Transfer a position to Facilities Protection to accurately reflect program expenditures (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

316.4 Transfer funds from the Administration and Facilities Protection programs to accurately reflect program

expenditures.

State General Funds

$148,505

$148,505

$148,505

316.5 Add two positions to the Transportation unit to perform audits and training and to update maximum rate tariffs.

State General Funds

$110,215

$110,215

$110,215

316. Utilities Regulation

Appropriation (HB1027)

The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS

$7,029,706

$7,029,706

$7,029,706

State General Funds

$7,029,706

$7,029,706

$7,029,706

TOTAL PUBLIC FUNDS

$7,029,706

$7,029,706

$7,029,706

Section 39: Regents, University System of Georgia

Section Total - Continuation

TOTAL STATE FUNDS

$1,812,797,698 $1,812,797,698 $1,812,797,698

State General Funds

$1,796,565,144 $1,796,565,144 $1,796,565,144

Tobacco Settlement Funds

$16,232,554

$16,232,554

$16,232,554

TOTAL FEDERAL FUNDS

$12,200,352

$12,200,352

$12,200,352

Federal Funds Not Itemized

$12,200,352

$12,200,352

$12,200,352

TOTAL AGENCY FUNDS

$2,672,930,319 $2,672,930,319 $2,672,930,319

Contributions, Donations, and Forfeitures

$41,990,014

$41,990,014

$41,990,014

Intergovernmental Transfers

$1,512,397,225 $1,512,397,225 $1,512,397,225

Rebates, Refunds, and Reimbursements

$40,830,855

$40,830,855

$40,830,855

Sales and Services

$1,077,712,225 $1,077,712,225 $1,077,712,225

TOTAL PUBLIC FUNDS

$4,497,928,369 $4,497,928,369 $4,497,928,369

THURSDAY, MARCH 23, 2006

2901

Section Total - Final

TOTAL STATE FUNDS

$1,929,940,929 $1,931,082,193 $1,932,876,213

State General Funds

$1,914,208,375 $1,915,349,639 $1,917,143,659

Tobacco Settlement Funds

$15,732,554

$15,732,554

$15,732,554

TOTAL FEDERAL FUNDS

$12,200,352

$12,200,352

$12,200,352

Federal Funds Not Itemized

$12,200,352

$12,200,352

$12,200,352

TOTAL AGENCY FUNDS

$2,672,930,319 $2,672,930,319 $2,702,794,070

Contributions, Donations, and Forfeitures

$41,990,014

$41,990,014

$41,990,014

Intergovernmental Transfers

$1,512,397,225 $1,512,397,225 $1,519,827,644

Rebates, Refunds, and Reimbursements

$40,830,855

$40,830,855

$52,980,546

Royalties and Rents

$5,000

Sales and Services

$1,077,712,225 $1,077,712,225 $1,087,990,866

TOTAL PUBLIC FUNDS

$4,615,071,600 $4,616,212,864 $4,647,870,635

Advanced Technology Development Center/Economic

Continuation Budget

Development Institute

The purpose of this is to provide strategic business advice and connect its member companies to the people and resources

they need to succeed.

TOTAL STATE FUNDS

$8,852,624

$8,852,624

$8,852,624

State General Funds

$8,852,624

$8,852,624

$8,852,624

TOTAL AGENCY FUNDS

$12,875,000

$12,875,000

$12,875,000

Intergovernmental Transfers

$7,875,000

$7,875,000

$7,875,000

Intergovernmental Transfers Not Itemized

$7,875,000

$7,875,000

$7,875,000

Sales and Services

$5,000,000

$5,000,000

$5,000,000

Sales and Services Not Itemized

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$21,727,624

$21,727,624

$21,727,624

Statewide Changes

317.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$248,542

$248,542

$248,542

Changes to the Purpose or the Purpose Measure

317.6 SAC: The purpose of this appropriation is to increase the technology business base in Georgia by helping

entrepreneurs launch and build successful companies; grow Georgia's economy through the application of

2902

JOURNAL OF THE SENATE

technology-driven solutions in order to enhance the competitiveness of Georgia's manufacturing and business

sectors; and encourage the development and growth of Georgia's wood processing industries to adopt technology

to enhance productivity and processes through education, research and demonstration.

State General Funds

$0

Changes in Operations / Administration

317.8 Transfer the Advanced Wood Products Laboratory from the Center for Assistive Technology and Environmental

Access.

State General Funds

$326,080

One-Time Expense

317.2 Provide funding to expand the Seed Capital Fund for investment in entrepreneur-led start-up companies to

promote job growth in Georgia's bioscience industry.

State General Funds

$5,000,000

$5,000,000

$5,000,000

Changes in the Size of the Program

317.3 Reduce funding for the Business Insight Initiative.

State General Funds

($55,031)

($55,031)

($55,031)

317.4 Transfer from the Georgia Tech Research Institute.

State General Funds

$200,000

$200,000

$200,000

317.5 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$160,461

317. Advanced Technology Development Center/Economic

Appropriation (HB1027)

Development Institute

The purpose of this appropriation is to increase the technology business base in Georgia by helping entrepreneurs launch

and build successful companies; grow Georgia's economy through the application of technology-driven solutions in order

to enhance the competitiveness of Georgia's manufacturing and business sectors; and encourage the development and

growth of Georgia's wood processing industries to adopt technology to enhance productivity and processes through

education, research and demonstration.

TOTAL STATE FUNDS

$14,246,135

$14,246,135

$14,572,215

State General Funds

$14,246,135

$14,246,135

$14,572,215

TOTAL AGENCY FUNDS

$12,875,000

$12,875,000

$13,035,461

Intergovernmental Transfers

$7,875,000

$7,875,000

$7,875,000

Intergovernmental Transfers Not Itemized

$7,875,000

$7,875,000

$7,875,000

THURSDAY, MARCH 23, 2006

2903

Sales and Services

$5,000,000

$5,000,000

$5,160,461

Sales and Services Not Itemized

$5,000,000

$5,000,000

$5,160,461

TOTAL PUBLIC FUNDS

$27,121,135

$27,121,135

$27,607,676

Agricultural Experiment Station

Continuation Budget

The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase

profitability and global competitiveness.

TOTAL STATE FUNDS

$38,481,866

$38,481,866

$38,481,866

State General Funds

$38,481,866

$38,481,866

$38,481,866

TOTAL FEDERAL FUNDS

$4,604,976

$4,604,976

$4,604,976

Federal Funds Not Itemized

$4,604,976

$4,604,976

$4,604,976

TOTAL AGENCY FUNDS

$27,836,286

$27,836,286

$27,836,286

Intergovernmental Transfers

$22,000,000

$22,000,000

$22,000,000

Intergovernmental Transfers Not Itemized

$22,000,000

$22,000,000

$22,000,000

Rebates, Refunds, and Reimbursements

$1,800,000

$1,800,000

$1,800,000

Rebates, Refunds, and Reimbursements Not Itemized

$1,800,000

$1,800,000

$1,800,000

Sales and Services

$4,036,286

$4,036,286

$4,036,286

Sales and Services Not Itemized

$4,036,286

$4,036,286

$4,036,286

TOTAL PUBLIC FUNDS

$70,923,128

$70,923,128

$70,923,128

Statewide Changes

318.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,044,906

$1,044,906

$1,044,906

Changes to the Purpose or the Purpose Measure

318.10 SAC: The purpose of this appropriation is to improve the production, processing, product development, food safety,

storage, and marketing of animal and plant agricultural products in order to increase the profitability, global

competitiveness, and food supply security within these industries; and investigate environmental problems and

develop solutions. The purpose will be measured by the number and percent of broiler, layers, diary and swine

operators trained in Georgia.

State General Funds

$0

Changes in Operations / Administration

318.2 Transfer funds to Forestry Research.

State General Funds

($19,908)

($19,908)

($19,908)

2904

JOURNAL OF THE SENATE

One-Time Expense

318.8 Provide funds for a renewable energy fuel mix feasibility study to evaluate a renewable energy requirement for the

state.

State General Funds

$30,000

Changes in the Size of the Program

318.3 Add funds for maintenance and operations.

State General Funds

$700,000

$700,000

$700,000

318.4 Provide funds to study disease-causing pathogens in vegetable production.

State General Funds

$150,000

318.9 Provide funds for poultry disease management.

State General Funds

$150,000

318. Agricultural Experiment Station

Appropriation (HB1027)

The purpose of this appropriation is to improve the production, processing, product development, food safety, storage, and

marketing of animal and plant agricultural products in order to increase the profitability, global competitiveness, and food

supply security within these industries; and investigate environmental problems and develop solutions. The purpose will be

measured by the number and percent of broiler, layers, diary and swine operators trained in Georgia.

TOTAL STATE FUNDS

$40,206,864

$40,206,864

$40,536,864

State General Funds

$40,206,864

$40,206,864

$40,536,864

TOTAL FEDERAL FUNDS

$4,604,976

$4,604,976

$4,604,976

Federal Funds Not Itemized

$4,604,976

$4,604,976

$4,604,976

TOTAL AGENCY FUNDS

$27,836,286

$27,836,286

$27,836,286

Intergovernmental Transfers

$22,000,000

$22,000,000

$22,000,000

Intergovernmental Transfers Not Itemized

$22,000,000

$22,000,000

$22,000,000

Rebates, Refunds, and Reimbursements

$1,800,000

$1,800,000

$1,800,000

Rebates, Refunds, and Reimbursements Not Itemized

$1,800,000

$1,800,000

$1,800,000

Sales and Services

$4,036,286

$4,036,286

$4,036,286

Sales and Services Not Itemized

$4,036,286

$4,036,286

$4,036,286

TOTAL PUBLIC FUNDS

$72,648,126

$72,648,126

$72,978,126

Athens and Tifton Veterinary Laboratories

Continuation Budget

The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within

the State of Georgia.

THURSDAY, MARCH 23, 2006

2905

TOTAL STATE FUNDS

$41,542

$41,542

$41,542

State General Funds

$41,542

$41,542

$41,542

TOTAL AGENCY FUNDS

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers Not Itemized

$4,653,970

$4,653,970

$4,653,970

TOTAL PUBLIC FUNDS

$4,695,512

$4,695,512

$4,695,512

Statewide Changes

319.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$41,542

$41,542

$41,542

Changes to the Purpose or the Purpose Measure

319.2 SAC: The purpose of this appropriation is to provide veterinarians and regulatory agencies with diagnostic

support and surveillance for naturally occurring diseases affecting livestock, companion animals and wildlife. The

purpose will be measured by: the total number of accessions per category from the diagnostic laboratories; and the

total number of accessions from the diagnostic laboratories.

State General Funds

$0

319. Athens and Tifton Veterinary Laboratories

Appropriation (HB1027)

The purpose of this appropriation is to provide veterinarians and regulatory agencies with diagnostic support and

surveillance for naturally occurring diseases affecting livestock, companion animals and wildlife. The purpose will be

measured by: the total number of accessions per category from the diagnostic laboratories; and the total number of

accessions from the diagnostic laboratories.

TOTAL STATE FUNDS

$83,084

$83,084

$83,084

State General Funds

$83,084

$83,084

$83,084

TOTAL AGENCY FUNDS

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers

$4,653,970

$4,653,970

$4,653,970

Intergovernmental Transfers Not Itemized

$4,653,970

$4,653,970

$4,653,970

TOTAL PUBLIC FUNDS

$4,737,054

$4,737,054

$4,737,054

Center for Assistive Technology and Environmental Access

Continuation Budget

The purpose is to provide research and development activities to target the increase function and independence of persons

with disabilities.

TOTAL STATE FUNDS

$326,080

$326,080

$326,080

State General Funds

$326,080

$326,080

$326,080

2906

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$326,080

$326,080

$326,080

Changes in Operations / Administration

320.1 Transfer the Advanced Wood Products Laboratory to the Advanced Technology Development Center/Economic

Development Institute.

State General Funds

$0

$0

($326,080)

320.3 Transfer Disability Services to Teaching.

Intergovernmental Transfers Not Itemized

($1,590,309)

Rebates, Refunds, and Reimbursements Not Itemized

($468,670)

TOTAL PUBLIC FUNDS

($2,058,979)

Changes in the Size of the Program

320.2 Add funds to properly reflect operating budget represented in HB1026.

Intergovernmental Transfers Not Itemized

$1,590,309

Rebates, Refunds, and Reimbursements Not Itemized

$468,670

TOTAL PUBLIC FUNDS

$2,058,979

320. Center for Assistive Technology and Environmental Access

Appropriation (HB1027)

The purpose of this appropriation is to provide research and development activities to target the increase function and

independence of persons with disabilities.

TOTAL STATE FUNDS

$326,080

$326,080

State General Funds

$326,080

$326,080

TOTAL PUBLIC FUNDS

$326,080

$326,080

Cooperative Extension Service

Continuation Budget

The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research

based information.

TOTAL STATE FUNDS

$31,779,748

$31,779,748

$31,779,748

State General Funds

$31,779,748

$31,779,748

$31,779,748

TOTAL FEDERAL FUNDS

$5,086,168

$5,086,168

$5,086,168

Federal Funds Not Itemized

$5,086,168

$5,086,168

$5,086,168

TOTAL AGENCY FUNDS

$18,007,969

$18,007,969

$18,007,969

Intergovernmental Transfers

$15,460,075

$15,460,075

$15,460,075

Intergovernmental Transfers Not Itemized

$15,460,075

$15,460,075

$15,460,075

Rebates, Refunds, and Reimbursements

$125,000

$125,000

$125,000

THURSDAY, MARCH 23, 2006

2907

Rebates, Refunds, and Reimbursements Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$2,422,894

$2,422,894

$2,422,894

Sales and Services Not Itemized

$2,422,894

$2,422,894

$2,422,894

TOTAL PUBLIC FUNDS

$54,873,885

$54,873,885

$54,873,885

Statewide Changes

321.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$979,788

$979,788

$979,788

Changes in Operations / Administration

321.2 Transfer funds to Forestry Cooperative Extension.

State General Funds

($6,262)

($6,262)

($6,262)

One-Time Expense

321.3 Eliminate one-time funds for the Formosan Termite Project.

State General Funds

($80,000)

($80,000)

($60,000)

Changes in the Size of the Program

321.4 Add funds for maintenance and operations.

State General Funds

$300,000

$300,000

$300,000

321.5 Add three county extension agents for animal poultry and two agents for 4-H. (S:Add $100,000 to restore partial

funding for the Regional Post Harvest Fruit and Vegetable Research Center (Bacon County) and designate one 4-

H position for Thomas County.)

State General Funds

$386,000

$386,000

$486,000

321.6 Provide funds for Vidalia onion research.

State General Funds

$75,000

$75,000

321.7 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$450,000

321. Cooperative Extension Service

Appropriation (HB1027)

The purpose of this appropriation is to enhance the quality of life for Georgia's citizens through service, learning and the

adaptation of research based information.

TOTAL STATE FUNDS

$33,359,274

$33,434,274

$33,554,274

State General Funds

$33,359,274

$33,434,274

$33,554,274

TOTAL FEDERAL FUNDS

$5,086,168

$5,086,168

$5,086,168

Federal Funds Not Itemized

$5,086,168

$5,086,168

$5,086,168

2908

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$18,007,969

$18,007,969

$18,457,969

Intergovernmental Transfers

$15,460,075

$15,460,075

$15,460,075

Intergovernmental Transfers Not Itemized

$15,460,075

$15,460,075

$15,460,075

Rebates, Refunds, and Reimbursements

$125,000

$125,000

$125,000

Rebates, Refunds, and Reimbursements Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$2,422,894

$2,422,894

$2,872,894

Sales and Services Not Itemized

$2,422,894

$2,422,894

$2,872,894

TOTAL PUBLIC FUNDS

$56,453,411

$56,528,411

$57,098,411

Forestry Cooperative Extension

Continuation Budget

The purpose of this program is to provide conservation and sustainable management of forests and other natural resources

and to put into practice forestry and natural resources knowledge.

TOTAL STATE FUNDS

$632,486

$632,486

$632,486

State General Funds

$632,486

$632,486

$632,486

TOTAL PUBLIC FUNDS

$632,486

$632,486

$632,486

Statewide Changes

322.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$20,694

$20,694

$20,694

Changes in Operations / Administration

322.2 Transfer from Cooperative Extension Service.

State General Funds

$6,262

$6,262

$6,262

Changes in the Size of the Program

322.3 Eliminate funds for a part-time administrative support position.

State General Funds

($12,650)

$0

($12,650)

322.4 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$4,000

322. Forestry Cooperative Extension

Appropriation (HB1027)

The purpose of this program is to provide conservation and sustainable management of forests and other natural resources

and to put into practice forestry and natural resources knowledge.

TOTAL STATE FUNDS

$646,792

$659,442

$646,792

State General Funds

$646,792

$659,442

$646,792

TOTAL AGENCY FUNDS

$4,000

THURSDAY, MARCH 23, 2006

2909

Sales and Services

$4,000

Sales and Services Not Itemized

$4,000

TOTAL PUBLIC FUNDS

$646,792

$659,442

$650,792

Forestry Research

Continuation Budget

The purpose of this program is to provide to sustain competitiveness of Georgia's forest products industry and private land

owners through research and meet environmental goals of sustainable forestry initiative.

TOTAL STATE FUNDS

$3,011,535

$3,011,535

$3,011,535

State General Funds

$3,011,535

$3,011,535

$3,011,535

TOTAL PUBLIC FUNDS

$3,011,535

$3,011,535

$3,011,535

Statewide Changes

323.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$102,898

$102,898

$102,898

Changes to the Purpose or the Purpose Measure

323.5 SAC: The purpose of this appropriation is to sustain the competitiveness of Georgia's private landowners and

forest products industry through research in order to increase forest productivity, improve cost-efficiency in fiber

supply management, and meet the environmental goals of the Sustainable Forestry Initiative.

State General Funds

$0

Changes in Operations / Administration

323.2 Transfer from Agricultural Experiment Station.

State General Funds

$19,908

$19,908

$19,908

Changes in the Size of the Program

323.3 Eliminate funding for support positions.

State General Funds

($60,231)

$0

$0

323.4 Add funds to properly reflect operating budget represented in HB1026.

Royalties and Rents Not Itemized

$5,000

Sales and Services Not Itemized

$530,000

TOTAL PUBLIC FUNDS

$535,000

323. Forestry Research

Appropriation (HB1027)

The purpose of this appropriation is to sustain the competitiveness of Georgia's private landowners and forest products

industry through research in order to increase forest productivity, improve cost-efficiency in fiber supply management, and

meet the environmental goals of the Sustainable Forestry Initiative.

2910

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$3,074,110

$3,134,341

$3,134,341

State General Funds

$3,074,110

$3,134,341

$3,134,341

TOTAL AGENCY FUNDS

$535,000

Royalties and Rents

$5,000

Royalties and Rents Not Itemized

$5,000

Sales and Services

$530,000

Sales and Services Not Itemized

$530,000

TOTAL PUBLIC FUNDS

$3,074,110

$3,134,341

$3,669,341

Georgia Radiation Therapy Center

Continuation Budget

The purpose is to provide patient care and education.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

TOTAL AGENCY FUNDS

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures Not Itemized

$3,625,810

$3,625,810

$3,625,810

TOTAL PUBLIC FUNDS

$3,625,810

$3,625,810

$3,625,810

325. Georgia Radiation Therapy Center

Appropriation (HB1027)

The purpose of this appropriation is to provide patient care and education.

TOTAL AGENCY FUNDS

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures Not Itemized

$3,625,810

$3,625,810

$3,625,810

TOTAL PUBLIC FUNDS

$3,625,810

$3,625,810

$3,625,810

Georgia Tech Research Institute

Continuation Budget

The purpose is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science,

technology and education in Georgia.

TOTAL STATE FUNDS

$6,842,095

$6,842,095

$6,842,095

State General Funds

$6,842,095

$6,842,095

$6,842,095

TOTAL AGENCY FUNDS

$122,917,958 $122,917,958 $122,917,958

Intergovernmental Transfers

$76,469,736

$76,469,736

$76,469,736

Intergovernmental Transfers Not Itemized

$76,469,736

$76,469,736

$76,469,736

Rebates, Refunds, and Reimbursements

$38,748,222

$38,748,222

$38,748,222

THURSDAY, MARCH 23, 2006

2911

Rebates, Refunds, and Reimbursements Not Itemized

$38,748,222

$38,748,222

$38,748,222

Sales and Services

$7,700,000

$7,700,000

$7,700,000

Sales and Services Not Itemized

$7,700,000

$7,700,000

$7,700,000

TOTAL PUBLIC FUNDS

$129,760,053 $129,760,053 $129,760,053

Statewide Changes

326.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$212,562

$212,562

$212,562

Changes to the Purpose or the Purpose Measure

326.5 SAC: The purpose of this appropriation is to aid in the promotion of scientific, engineering and industrial research

for the advancement of science, technology and education in Georgia, and promote the growth of Georgia

agribusiness through technology research and development, technology licensing, technology transfer, and

technical assistance.

State General Funds

$0

Changes in Operations / Administration

326.2 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$552,811

$552,811

$552,811

Changes in What Services are Offered

326.3 Provide start-up funds for a worker safety technology program for the poultry industry.

State General Funds

$141,014

$141,014

$141,014

Changes in the Size of the Program

326.4 Transfer funds to the Advanced Technology Development Center.

State General Funds

($200,000)

($200,000)

($200,000)

326. Georgia Tech Research Institute

Appropriation (HB1027)

The purpose of this appropriation is to aid in the promotion of scientific, engineering and industrial research for the

advancement of science, technology and education in Georgia, and promote the growth of Georgia agribusiness through

technology research and development, technology licensing, technology transfer, and technical assistance.

TOTAL STATE FUNDS

$7,548,482

$7,548,482

$7,548,482

State General Funds

$7,548,482

$7,548,482

$7,548,482

TOTAL AGENCY FUNDS

$122,917,958 $122,917,958 $122,917,958

Intergovernmental Transfers

$76,469,736

$76,469,736

$76,469,736

Intergovernmental Transfers Not Itemized

$76,469,736

$76,469,736

$76,469,736

2912

JOURNAL OF THE SENATE

Rebates, Refunds, and Reimbursements

$38,748,222

$38,748,222

$38,748,222

Rebates, Refunds, and Reimbursements Not Itemized

$38,748,222

$38,748,222

$38,748,222

Sales and Services

$7,700,000

$7,700,000

$7,700,000

Sales and Services Not Itemized

$7,700,000

$7,700,000

$7,700,000

TOTAL PUBLIC FUNDS

$130,466,440 $130,466,440 $130,466,440

Marine Institute

Continuation Budget

The purpose is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS

$923,165

$923,165

$923,165

State General Funds

$923,165

$923,165

$923,165

TOTAL AGENCY FUNDS

$767,633

$767,633

$767,633

Intergovernmental Transfers

$700,000

$700,000

$700,000

Intergovernmental Transfers Not Itemized

$700,000

$700,000

$700,000

Rebates, Refunds, and Reimbursements

$67,633

$67,633

$67,633

Rebates, Refunds, and Reimbursements Not Itemized

$67,633

$67,633

$67,633

TOTAL PUBLIC FUNDS

$1,690,798

$1,690,798

$1,690,798

Statewide Changes

327.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$20,751

$20,751

$20,751

Changes to the Purpose or the Purpose Measure

327.2 SAC: The purpose of this appropriation is to conduct and support basic research on barrier island and salt marsh

ecosystems, support awareness and management of coastal environments, and provide educational experiences

that inspire appreciation of and future commitment to the Georgia coast. The purpose will be measured by the

number of research projects conducted on the condition of the salt marsh and coast line.

House: The purpose of this appropriation is to conduct and support basic research on barrier island and salt

marsh ecosystem function to support awareness and management of coastal environments. Provide educational

experiences that inspire appreciation of and future commitment to the Georgia coast.

State General Funds

$0

$0

327. Marine Institute

Appropriation (HB1027)

The purpose of this appropriation is to conduct and support basic research on barrier island and salt marsh ecosystems,

support awareness and management of coastal environments, and provide educational experiences that inspire

THURSDAY, MARCH 23, 2006

2913

appreciation of and future commitment to the Georgia coast. The purpose will be measured by the number of research

projects conducted on the condition of the salt marsh and coast line.

TOTAL STATE FUNDS

$943,916

$943,916

$943,916

State General Funds

$943,916

$943,916

$943,916

TOTAL AGENCY FUNDS

$767,633

$767,633

$767,633

Intergovernmental Transfers

$700,000

$700,000

$700,000

Intergovernmental Transfers Not Itemized

$700,000

$700,000

$700,000

Rebates, Refunds, and Reimbursements

$67,633

$67,633

$67,633

Rebates, Refunds, and Reimbursements Not Itemized

$67,633

$67,633

$67,633

TOTAL PUBLIC FUNDS

$1,711,549

$1,711,549

$1,711,549

Marine Resources Extension Center

Continuation Budget

The purpose is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS

$1,426,750

$1,426,750

$1,426,750

State General Funds

$1,426,750

$1,426,750

$1,426,750

TOTAL AGENCY FUNDS

$1,184,800

$1,184,800

$1,184,800

Intergovernmental Transfers

$600,000

$600,000

$600,000

Intergovernmental Transfers Not Itemized

$600,000

$600,000

$600,000

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

Sales and Services

$494,800

$494,800

$494,800

Sales and Services Not Itemized

$494,800

$494,800

$494,800

TOTAL PUBLIC FUNDS

$2,611,550

$2,611,550

$2,611,550

Statewide Changes

328.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$44,387

$44,387

$44,387

Changes to the Purpose or the Purpose Measure

328.3 SAC: The purpose of this appropriation is to increase the efficiency of existing marine industries, identify new

industries that do not harm the environment, and increase the public knowledge of coastal ecosystems through

coordinated programs of applied research, advisory services, and education in order to foster economic and

cultural benefits in Georgia.

State General Funds

$0

2914

JOURNAL OF THE SENATE

Changes in the Size of the Program

328.2 Provide funds to add one faculty position to aid the fishing and shrimping industries.

State General Funds

$57,070

$57,070

$57,070

328. Marine Resources Extension Center

Appropriation (HB1027)

The purpose of this appropriation is to increase the efficiency of existing marine industries, identify new industries that do

not harm the environment, and increase the public knowledge of coastal ecosystems through coordinated programs of

applied research, advisory services, and education in order to foster economic and cultural benefits in Georgia.

TOTAL STATE FUNDS

$1,528,207

$1,528,207

$1,528,207

State General Funds

$1,528,207

$1,528,207

$1,528,207

TOTAL AGENCY FUNDS

$1,184,800

$1,184,800

$1,184,800

Intergovernmental Transfers

$600,000

$600,000

$600,000

Intergovernmental Transfers Not Itemized

$600,000

$600,000

$600,000

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

Sales and Services

$494,800

$494,800

$494,800

Sales and Services Not Itemized

$494,800

$494,800

$494,800

TOTAL PUBLIC FUNDS

$2,713,007

$2,713,007

$2,713,007

Medical College of Georgia Hospital and Clinics

Continuation Budget

The purpose is to care, teach, and refer clients.

TOTAL STATE FUNDS

$31,510,080

$31,510,080

$31,510,080

State General Funds

$31,510,080

$31,510,080

$31,510,080

TOTAL PUBLIC FUNDS

$31,510,080

$31,510,080

$31,510,080

Statewide Changes

329.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$762,564

$762,564

$762,564

Changes to the Purpose or the Purpose Measure

329.2 SAC: The purpose of this appropriation is to serve and care for patients, educate students at the Medical College of

Georgia, and conduct leading edge research. The purpose will be measured by: the number of medical students

and residents trained in the most up-to-date medical procedures; and the number of clients served.

State General Funds

$0

THURSDAY, MARCH 23, 2006

2915

329. Medical College of Georgia Hospital and Clinics

Appropriation (HB1027)

The purpose of this appropriation is to serve and care for patients, educate students at the Medical College of Georgia, and

conduct leading edge research. The purpose will be measured by: the number of medical students and residents trained in

the most up-to-date medical procedures; and the number of clients served.

TOTAL STATE FUNDS

$32,272,644

$32,272,644

$32,272,644

State General Funds

$32,272,644

$32,272,644

$32,272,644

TOTAL PUBLIC FUNDS

$32,272,644

$32,272,644

$32,272,644

Office of Minority Business Enterprise

Continuation Budget

The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a

disadvantaged position.

TOTAL STATE FUNDS

$860,499

$860,499

$860,499

State General Funds

$860,499

$860,499

$860,499

TOTAL PUBLIC FUNDS

$860,499

$860,499

$860,499

Statewide Changes

330.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$16,872

$16,872

$16,872

Changes in the Size of the Program

330.2 Reduce funds by 2%.

State General Funds

($17,210)

($17,210)

($17,210)

330. Office of Minority Business Enterprise

Appropriation (HB1027)

The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a

disadvantaged position.

TOTAL STATE FUNDS

$860,161

$860,161

$860,161

State General Funds

$860,161

$860,161

$860,161

TOTAL PUBLIC FUNDS

$860,161

$860,161

$860,161

Public Service / Special Funding Initiatives

Continuation Budget

The purpose is to provide leadership, service, and education.

TOTAL STATE FUNDS

$29,821,275

$29,821,275

$29,821,275

State General Funds

$24,821,275

$24,821,275

$24,821,275

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$29,821,275

$29,821,275

$29,821,275

2916

JOURNAL OF THE SENATE

Statewide Changes

331.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$409,959

$409,959

$409,959

One-Time Expense

331.2 Provide funds to ICAPP Health to collect data on the shortage of nursing educators and to determine the best

strategy for producing more nursing educators.

State General Funds

$27,430

$27,430

$27,430

331.9 Provide one-time funding for the bio-business incubator at the Medical College of Georgia.

State General Funds

$500,000

$0

Changes in What Services are Offered

331.3 Eliminate funding for the Water Policy Institute. (S:Restore $180,000 for Georgia Southern University.)

State General Funds

($543,200)

($543,200)

($363,200)

Changes in the Size of the Program

331.4 Add start-up funds for fifteen faculty members at Georgia Gwinnett College.

State General Funds

$1,000,000

$1,000,000

$1,000,000

331.5 Add funds for the Georgia Leadership Institute for School Improvement to provide additional leadership

development programs for principals.

State General Funds

$1,500,000

$1,500,000

$1,500,000

331.6 Transfer the Nurse Anesthetist program to the Teaching program.

State General Funds

($361,330)

$0

($361,330)

331.7 Transfer Education GO Get It to the Department of Education.

State General Funds

($977,905)

($977,905)

($977,905)

331.8 Add funds for the UGA-Griffin campus to expand current course offerings.

State General Funds

$500,000

$500,000

$500,000

331. Public Service / Special Funding Initiatives

Appropriation (HB1027)

The purpose of this appropriation is to provide leadership, service, and education.

TOTAL STATE FUNDS

$31,376,229

$32,237,559

$31,556,229

State General Funds

$26,376,229

$27,237,559

$26,556,229

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$31,376,229

$32,237,559

$31,556,229

THURSDAY, MARCH 23, 2006

2917

Regents Central Office

Continuation Budget

The purpose is to provide administrative support to all colleges and universities in the university system.

TOTAL STATE FUNDS

$7,264,505

$7,264,505

$7,264,505

State General Funds

$7,264,505

$7,264,505

$7,264,505

TOTAL PUBLIC FUNDS

$7,264,505

$7,264,505

$7,264,505

Statewide Changes

332.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$385,966

$385,966

$385,966

Changes in Operations / Administration

332.2 Transfer from Public Libraries to correct an error in the GBA rental rates.

State General Funds

$69,356

$69,356

$69,356

Changes in the Size of the Program

332.3 Increase funding for the SREB Regional Contract program in order to meet actual costs.

State General Funds

$184,550

$184,550

$184,550

332.4 Increase funding for the SREB Minority Doctoral Scholars program in order to provide four additional slots.

State General Funds

$80,000

$80,000

$80,000

332.5 Reduce funding by 3%.

State General Funds

($193,973)

($193,973)

332. Regents Central Office

Appropriation (HB1027)

The purpose of this appropriation is to provide administrative support to all colleges and universities in the university

system.

TOTAL STATE FUNDS

$7,984,377

$7,790,404

$7,790,404

State General Funds

$7,984,377

$7,790,404

$7,790,404

TOTAL PUBLIC FUNDS

$7,984,377

$7,790,404

$7,790,404

Research Consortium

Continuation Budget

The purpose is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS

$21,287,489

$21,287,489

$21,287,489

State General Funds

$20,537,489

$20,537,489

$20,537,489

Tobacco Settlement Funds

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$21,287,489

$21,287,489

$21,287,489

2918

JOURNAL OF THE SENATE

Statewide Changes

333.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$162,762

$162,762

$162,762

One-Time Expense

333.2 Provide a one-time increase for the Georgia Research Alliance Eminent Scholar Endowment to attract prominent

research scientists to Georgia research universities.

State General Funds

$250,000

$250,000

$250,000

Changes in What Services are Offered

333.3 Provide funding for two eminent scholars to implement an energy policy and research agenda.

State General Funds

$2,200,000

$2,200,000

$2,200,000

Changes in the Size of the Program

333.4 Provide funding for Georgia Research Alliance's VentureLab for investment in entrepreneur-led start-up

companies to promote job growth in Georgia's bioscience industry.

State General Funds

$2,500,000

$2,500,000

$2,500,000

333. Research Consortium

Appropriation (HB1027)

The purpose of this appropriation is to conduct research to further industry in the State of Georgia.

TOTAL STATE FUNDS

$26,400,251

$26,400,251

$26,400,251

State General Funds

$25,650,251

$25,650,251

$25,650,251

Tobacco Settlement Funds

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$26,400,251

$26,400,251

$26,400,251

Skidaway Institute of Oceanography

Continuation Budget

The purpose is to provide a center of excellence in marine and ocean science research, which expands the body of

knowledge on marine environments.

TOTAL STATE FUNDS

$1,557,477

$1,557,477

$1,557,477

State General Funds

$1,557,477

$1,557,477

$1,557,477

TOTAL AGENCY FUNDS

$5,658,000

$5,658,000

$5,658,000

Intergovernmental Transfers

$4,113,000

$4,113,000

$4,113,000

Intergovernmental Transfers Not Itemized

$4,113,000

$4,113,000

$4,113,000

Sales and Services

$1,545,000

$1,545,000

$1,545,000

Sales and Services Not Itemized

$1,545,000

$1,545,000

$1,545,000

TOTAL PUBLIC FUNDS

$7,215,477

$7,215,477

$7,215,477

THURSDAY, MARCH 23, 2006

2919

Statewide Changes

334.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$76,596

$76,596

$76,596

334. Skidaway Institute of Oceanography

Appropriation (HB1027)

The purpose of this appropriation is to provide a center of excellence in marine and ocean science research, which expands

the body of knowledge on marine environments.

TOTAL STATE FUNDS

$1,634,073

$1,634,073

$1,634,073

State General Funds

$1,634,073

$1,634,073

$1,634,073

TOTAL AGENCY FUNDS

$5,658,000

$5,658,000

$5,658,000

Intergovernmental Transfers

$4,113,000

$4,113,000

$4,113,000

Intergovernmental Transfers Not Itemized

$4,113,000

$4,113,000

$4,113,000

Sales and Services

$1,545,000

$1,545,000

$1,545,000

Sales and Services Not Itemized

$1,545,000

$1,545,000

$1,545,000

TOTAL PUBLIC FUNDS

$7,292,073

$7,292,073

$7,292,073

Student Education Enrichment Program

Continuation Budget

The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational

experiences.

TOTAL STATE FUNDS

$304,035

$304,035

$304,035

State General Funds

$304,035

$304,035

$304,035

TOTAL PUBLIC FUNDS

$304,035

$304,035

$304,035

Statewide Changes

335.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$4,280

$4,280

$4,280

Changes to the Purpose or the Purpose Measure

335.2 SAC: The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to

acquire educational experiences, clinical and career exposures, and academic support to successfully adjust to the

professional environment, academic curriculum and campus environment of the health professions. The purpose

will be measured by: the percentage of underrepresented and/or disadvantaged high school students participating

in the summer programs who have enrolled in a postsecondary institution; the percentage of underrepresented

and/or disadvantaged high school students who participated in the summer program and successfully completed

their current postsecondary curriculum; and the percentage of underrepresented and/or disadvantaged high school

2920

JOURNAL OF THE SENATE

students who participated in the summer program and enrolled, successfully progressed through medical, dental or

a graduate school curriculum, and graduated.

State General Funds

$0

335. Student Education Enrichment Program

Appropriation (HB1027)

The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational

experiences, clinical and career exposures, and academic support to successfully adjust to the professional environment,

academic curriculum and campus environment of the health professions. The purpose will be measured by: the percentage

of underrepresented and/or disadvantaged high school students participating in the summer programs who have enrolled in

a postsecondary institution; the percentage of underrepresented and/or disadvantaged high school students who

participated in the summer program and successfully completed their current postsecondary curriculum; and the

percentage of underrepresented and/or disadvantaged high school students who participated in the summer program and

enrolled, successfully progressed through medical, dental or a graduate school curriculum, and graduated.

TOTAL STATE FUNDS

$308,315

$308,315

$308,315

State General Funds

$308,315

$308,315

$308,315

TOTAL PUBLIC FUNDS

$308,315

$308,315

$308,315

Teaching

Continuation Budget

The purpose is to establish all such schools of learning or art as may be useful to the state and to organize them in the way

most likely to attain the ends desired.

TOTAL STATE FUNDS

$1,558,562,243 $1,558,562,243 $1,558,562,243

State General Funds

$1,558,562,243 $1,558,562,243 $1,558,562,243

TOTAL AGENCY FUNDS

$2,468,702,893 $2,468,702,893 $2,468,702,893

Contributions, Donations, and Forfeitures

$38,364,204

$38,364,204

$38,364,204

Contributions, Donations, and Forfeitures Not Itemized

$38,364,204

$38,364,204

$38,364,204

Intergovernmental Transfers

$1,380,525,444 $1,380,525,444 $1,380,525,444

Intergovernmental Transfers Not Itemized

$1,380,525,444 $1,380,525,444 $1,380,525,444

Sales and Services

$1,049,813,245 $1,049,813,245 $1,049,813,245

Sales and Services Not Itemized

$1,049,813,245 $1,049,813,245 $1,049,813,245

TOTAL PUBLIC FUNDS

$4,027,265,136 $4,027,265,136 $4,027,265,136

Statewide Changes

336.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$44,068,576

$44,068,576

$44,068,576

THURSDAY, MARCH 23, 2006

2921

Changes to the Purpose or the Purpose Measure

336.12 SAC: The purpose of this appropriation is to create a more educated Georgia through instruction, research and

public service. The purpose will be measured by: the retention rate of first-time, full-time, degree-seeking freshmen

at each institution and system-wide; the four- and six-year graduation rates of first-time, full-time, bachelor

degree-seeking freshmen at each institution and system-wide; and the pass rate of USG students on professional

licensure exams (medicine, dentistry, veterinary medicine and law), and the percent of first-time test-takers who

pass the National Council Licensure Examination for Registered Nurses (NCLEX-RN) and the PRAXIS II

examination for teacher certification.

State General Funds

$0

Changes in Operations / Administration

336.2 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University.

State General Funds

$677,118

$677,118

$677,118

336.13 Transfer Disability Services from the Center for Assistive Technology and Environmental Access.

Intergovernmental Transfers Not Itemized

$1,590,309

Rebates, Refunds, and Reimbursements Not Itemized

$468,670

TOTAL PUBLIC FUNDS

$2,058,979

One-Time Expense

336.3 Eliminate funds for the Greenbelt Study at the Georgia Tech School of Urban Planning.

State General Funds

($200,000)

($200,000)

($200,000)

336.4 Remove one-time funds for North Georgia College and State University.

State General Funds

($100,000)

($100,000)

($100,000)

Changes in What Services are Offered

336.5 Eliminate Georgia Career Information Services.

State General Funds

($92,647)

($92,647)

($92,647)

336.6 Eliminate the School of Law-Export Study.

State General Funds

($438,315)

($438,315)

($338,315)

336.7 Eliminate the Center for Trade and Technology Transfer.

State General Funds

($56,765)

($56,765)

($56,765)

Changes in the Size of the Program

336.8 Increase funds for the Fiscal Research Center to reflect the actual cost of the current level of service.

State General Funds

$38,145

$38,145

$38,145

2922

JOURNAL OF THE SENATE

336.9 Provide funds to fully fund enrollment increases based on a 1.6% increase in semester credit hours and operating

expenses related to additional square footage. (H:Reduce health insurance portion of formula funding

increase.)(S:Reduce health insurance portion of formula funding increase by $1,250,000.)

State General Funds

$55,309,821

$52,809,821

$54,059,821

336.10 Provide funding for the Fort Valley State University land grant mission.

State General Funds

$1,514,026

$1,514,026

336.11 Add funds to properly reflect operating budget represented in HB1026.

Intergovernmental Transfers Not Itemized

$5,840,110

Rebates, Refunds, and Reimbursements Not Itemized

$11,681,021

Sales and Services Not Itemized

$9,134,180

TOTAL PUBLIC FUNDS

$26,655,311

336. Teaching

Appropriation (HB1027)

The purpose of this appropriation is to create a more educated Georgia through instruction, research and public service.

The purpose will be measured by: the retention rate of first-time, full-time, degree-seeking freshmen at each institution and

system-wide; the four- and six-year graduation rates of first-time, full-time, bachelor degree-seeking freshmen at each

institution and system-wide; and the pass rate of USG students on professional licensure exams (medicine, dentistry,

veterinary medicine and law), and the percent of first-time test-takers who pass the National Council Licensure

Examination for Registered Nurses (NCLEX-RN) and the PRAXIS II examination for teacher certification.

TOTAL STATE FUNDS

$1,657,768,176 $1,656,782,202 $1,658,132,202

State General Funds

$1,657,768,176 $1,656,782,202 $1,658,132,202

TOTAL AGENCY FUNDS

$2,468,702,893 $2,468,702,893 $2,497,417,183

Contributions, Donations, and Forfeitures

$38,364,204

$38,364,204

$38,364,204

Contributions, Donations, and Forfeitures Not Itemized

$38,364,204

$38,364,204

$38,364,204

Intergovernmental Transfers

$1,380,525,444 $1,380,525,444 $1,387,955,863

Intergovernmental Transfers Not Itemized

$1,380,525,444 $1,380,525,444 $1,387,955,863

Rebates, Refunds, and Reimbursements

$12,149,691

Rebates, Refunds, and Reimbursements Not Itemized

$12,149,691

Sales and Services

$1,049,813,245 $1,049,813,245 $1,058,947,425

Sales and Services Not Itemized

$1,049,813,245 $1,049,813,245 $1,058,947,425

TOTAL PUBLIC FUNDS

$4,126,471,069 $4,125,485,095 $4,155,549,385

THURSDAY, MARCH 23, 2006

2923

Veterinary Medicine Experiment Station

Continuation Budget

The purpose is to coordinate and conduct research on animal disease problems of present and potential concern to

Georgia's livestock and poultry industries.

TOTAL STATE FUNDS

$3,148,784

$3,148,784

$3,148,784

State General Funds

$3,148,784

$3,148,784

$3,148,784

TOTAL PUBLIC FUNDS

$3,148,784

$3,148,784

$3,148,784

Statewide Changes

337.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$100,793

$100,793

$100,793

Changes to the Purpose or the Purpose Measure

337.2 SAC: The purpose of this appropriation is to conduct, coordinate and disseminate research on animal health

and/or disease problems of present and potential concern to animal owners, producers and industries in Georgia.

State General Funds

$0

337. Veterinary Medicine Experiment Station

Appropriation (HB1027)

The purpose of this appropriation is to conduct, coordinate and disseminate research on animal health and/or disease

problems of present and potential concern to animal owners, producers and industries in Georgia.

TOTAL STATE FUNDS

$3,249,577

$3,249,577

$3,249,577

State General Funds

$3,249,577

$3,249,577

$3,249,577

TOTAL PUBLIC FUNDS

$3,249,577

$3,249,577

$3,249,577

Veterinary Medicine Teaching Hospital

Continuation Budget

The purpose of the program is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning,

nuclear scintigraphy, and various methods of ultrasonography.

TOTAL STATE FUNDS

$478,173

$478,173

$478,173

State General Funds

$478,173

$478,173

$478,173

TOTAL AGENCY FUNDS

$6,700,000

$6,700,000

$6,700,000

Sales and Services

$6,700,000

$6,700,000

$6,700,000

Sales and Services Not Itemized

$6,700,000

$6,700,000

$6,700,000

TOTAL PUBLIC FUNDS

$7,178,173

$7,178,173

$7,178,173

Statewide Changes

338.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$11,554

$11,554

$11,554

2924

JOURNAL OF THE SENATE

Changes to the Purpose or the Purpose Measure

338.2 SAC: The purpose of this appropriation is to serve as the platform for interface with real world animal health

problems through instruction to veterinary students, post-graduate veterinarians and veterinary technician

students.

State General Funds

$0

338. Veterinary Medicine Teaching Hospital

Appropriation (HB1027)

The purpose of this appropriation is to serve as the platform for interface with real world animal health problems through

instruction to veterinary students, post-graduate veterinarians and veterinary technician students.

TOTAL STATE FUNDS

$489,727

$489,727

$489,727

State General Funds

$489,727

$489,727

$489,727

TOTAL AGENCY FUNDS

$6,700,000

$6,700,000

$6,700,000

Sales and Services

$6,700,000

$6,700,000

$6,700,000

Sales and Services Not Itemized

$6,700,000

$6,700,000

$6,700,000

TOTAL PUBLIC FUNDS

$7,189,727

$7,189,727

$7,189,727

Payments to the Georgia Cancer Coalition

Continuation Budget

The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS

$10,482,554

$10,482,554

$10,482,554

State General Funds

$0

Tobacco Settlement Funds

$10,482,554

$10,482,554

$10,482,554

TOTAL PUBLIC FUNDS

$10,482,554

$10,482,554

$10,482,554

Changes to the Purpose or the Purpose Measure

339.3 SAC: The purpose of this appropriation is to make Georgia a national leader in cancer prevention, treatment and

research by accelerating research, prevention, early detection and treatment. The purpose will be measured by: the

number of cancer patients and cancer deaths in Georgia.

State General Funds

$0

Changes in Operations / Administration

339.1 The Georgia Cancer Coalition was moved to Regents by an Executive Order.

Tobacco Settlement Funds

$0

$0

$0

Changes in the Size of the Program

339.2 Reflect the completion of the Georgia Cancer Cohort Study.

THURSDAY, MARCH 23, 2006

2925

Tobacco Settlement Funds

($500,000)

($500,000)

($500,000)

339. Payments to the Georgia Cancer Coalition

Appropriation (HB1027)

The purpose of this appropriation is to make Georgia a national leader in cancer prevention, treatment and research by

accelerating research, prevention, early detection and treatment. The purpose will be measured by: the number of cancer

patients and cancer deaths in Georgia.

TOTAL STATE FUNDS

$9,982,554

$9,982,554

$9,982,554

Tobacco Settlement Funds

$9,982,554

$9,982,554

$9,982,554

TOTAL PUBLIC FUNDS

$9,982,554

$9,982,554

$9,982,554

Payments to Georgia Military College

Continuation Budget

The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school.

TOTAL STATE FUNDS

$2,500,092

$2,500,092

$2,500,092

State General Funds

$2,500,092

$2,500,092

$2,500,092

TOTAL PUBLIC FUNDS

$2,500,092

$2,500,092

$2,500,092

Statewide Changes

340.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$267,953

$267,953

$267,953

Changes to the Purpose or the Purpose Measure

340.4 SAC: The purpose of this appropriation is to provide quality basic education funding for grades six through 12.

The purpose will be measured by: the number of students enrolled; the number of graduates; and the number of

graduates who pursue military service or a four-year military institution.

State General Funds

$0

One-Time Expense

340.2 Eliminate one-time design funds for the preparatory school classroom facility.

State General Funds

($95,000)

($95,000)

($95,000)

Changes in the Size of the Program

340.3 Reduce funds for faculty at the Junior College.

State General Funds

($12,985)

($12,985)

($12,985)

340. Payments to Georgia Military College

Appropriation (HB1027)

The purpose of this appropriation is to provide quality basic education funding for grades six through 12. The purpose will

be measured by: the number of students enrolled; the number of graduates; and the number of graduates who pursue

military service or a four-year military institution.

2926

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$2,660,060

$2,660,060

$2,660,060

State General Funds

$2,660,060

$2,660,060

$2,660,060

TOTAL PUBLIC FUNDS

$2,660,060

$2,660,060

$2,660,060

Payments to Public Telecommunications Commission, Georgia

Continuation Budget

The purpose is to create, produce and distribute high quality programs and services that educate, inform and entertain our

audiences and enrich the quality of their lives.

TOTAL STATE FUNDS

$16,954,058

$16,954,058

$16,954,058

State General Funds

$16,954,058

$16,954,058

$16,954,058

TOTAL PUBLIC FUNDS

$16,954,058

$16,954,058

$16,954,058

Statewide Changes

341.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$374,681

$374,681

$374,681

Changes to the Purpose or the Purpose Measure

341.4 SAC: The purpose of this appropriation is to create, produce, and distribute high quality programs and services

that promote education, instruction, staff development and life-long learning, thereby enriching the quality of life

for Georgians. The purpose will be measured by: the percentage of content correlated to the Georgia Performance

Standards; and the percentage of schools that use GPB Education's programming.

State General Funds

$0

Changes in Operations / Administration

341.2 Reduce operating expenses to reflect an anticipated reduction in costs associated with contracts and publications.

State General Funds

($339,081)

($339,081)

($339,081)

341.3 Increase funds to correct a GTA rate adjustment error.

State General Funds

$33,485

$33,485

$33,485

341. Payments to Public Telecommunications Commission,

Appropriation (HB1027)

Georgia

The purpose of this appropriation is to create, produce, and distribute high quality programs and services that promote

education, instruction, staff development and life-long learning, thereby enriching the quality of life for Georgians. The

purpose will be measured by: the percentage of content correlated to the Georgia Performance Standards; and the

percentage of schools that use GPB Education's programming.

TOTAL STATE FUNDS

$17,023,143

$17,023,143

$17,023,143

State General Funds

$17,023,143

$17,023,143

$17,023,143

THURSDAY, MARCH 23, 2006

2927

TOTAL PUBLIC FUNDS

$17,023,143

$17,023,143

$17,023,143

Georgia Public Library Service

Continuation Budget

The purpose is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS

$35,748,543

$35,748,543

$35,748,543

State General Funds

$35,748,543

$35,748,543

$35,748,543

TOTAL FEDERAL FUNDS

$2,509,208

$2,509,208

$2,509,208

Federal Funds Not Itemized

$2,509,208

$2,509,208

$2,509,208

TOTAL PUBLIC FUNDS

$38,257,751

$38,257,751

$38,257,751

Statewide Changes

342.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$1,119,511

$1,119,511

$1,119,511

Changes to the Purpose or the Purpose Measure

342.10 SAC: The purpose of this appropriation is to ensure that library services are available to all Georgians by

disbursing federal and state funds to public libraries, and by providing professional assistance and support to all

public libraries in Georgia. The purpose will be measured by: the number of patron visits to each public library;

the number of state paid professional positions per library; and the number of circulations in each public library.

State General Funds

$0

Changes in Operations / Administration

342.2 Provide funds to correct an error in the employer share of the State Health Benefit Plan.

State General Funds

$220,000

$220,000

$220,000

342.3 Transfer to Regents Central Office to correct an error in the GBA rental rates.

State General Funds

($69,356)

($69,356)

342.11 Change program name to: "Georgia Public Library Service."

State General Funds

One-Time Expense

342.8 Provide funding for renovations at Mountain View Library.

State General Funds

$312,000

Changes in the Size of the Program

342.4 Eliminate one-time funds for major repairs and renovations.

State General Funds

($2,000,000)

($2,000,000)

($69,356) $0 $0
($2,000,000)

2928

JOURNAL OF THE SENATE

342.5 Provide funds to the New Directions funding formula.

State General Funds

$900,000

$900,000

$900,000

342.6 Add funds to pay an increase in real estate rentals in order to re-locate to mission-suitable appropriate facilities.

State General Funds

$50,000

$50,000

$50,000

342.7 Provide funding to increase the library materials grant with funds to be distributed based on the New Directions

funding formula. (S:Distribute based on 1/3 to systems, 1/3 to counties, and 1/3 on per capita.)

State General Funds

$1,000,000

$2,000,000

342. Georgia Public Library Service

Appropriation (HB1027)

The purpose of this appropriation is to ensure that library services are available to all Georgians by disbursing federal and

state funds to public libraries, and by providing professional assistance and support to all public libraries in Georgia. The

purpose will be measured by: the number of patron visits to each public library; the number of state paid professional

positions per library; and the number of circulations in each public library.

TOTAL STATE FUNDS

$35,968,698

$37,280,698

$37,968,698

State General Funds

$35,968,698

$37,280,698

$37,968,698

TOTAL FEDERAL FUNDS

$2,509,208

$2,509,208

$2,509,208

Federal Funds Not Itemized

$2,509,208

$2,509,208

$2,509,208

TOTAL PUBLIC FUNDS

$38,477,906

$39,789,906

$40,477,906

Section 40: Revenue, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$538,503,629 $538,503,629 $538,503,629

State General Funds

$538,353,629 $538,353,629 $538,353,629

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL AGENCY FUNDS

$7,005,348

$7,005,348

$7,005,348

Reserved Fund Balances

$426,769

$426,769

$426,769

Sales and Services

$6,578,579

$6,578,579

$6,578,579

TOTAL PUBLIC FUNDS

$545,508,977 $545,508,977 $545,508,977

Section Total - Final

TOTAL STATE FUNDS

$550,521,283 $548,811,784 $548,984,246

State General Funds

$550,371,283 $548,661,784 $548,834,246

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$1,692,514

Federal Funds Not Itemized

$1,692,514

THURSDAY, MARCH 23, 2006

2929

TOTAL AGENCY FUNDS

$7,005,348

$7,005,348

$11,471,089

Reserved Fund Balances

$426,769

$426,769

$426,769

Rebates, Refunds, and Reimbursements

$103,185

Sales and Services

$6,578,579

$6,578,579

$10,941,135

TOTAL PUBLIC FUNDS

$557,526,631 $555,817,132 $562,147,849

Customer Service

Continuation Budget

The purpose is to assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary

compliance and the Taxpayer Bill of Rights.

TOTAL STATE FUNDS

$9,644,919

$9,644,919

$9,644,919

State General Funds

$9,644,919

$9,644,919

$9,644,919

TOTAL AGENCY FUNDS

$2,110,135

$2,110,135

$2,110,135

Sales and Services

$2,110,135

$2,110,135

$2,110,135

Sales and Services Not Itemized

$2,110,135

$2,110,135

$2,110,135

TOTAL PUBLIC FUNDS

$11,755,054

$11,755,054

$11,755,054

Statewide Changes

343.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$311,384

$311,384

$311,384

Changes in the Size of the Program

343.2 Transfer funds and activities from Grants and Distributions program.

State General Funds

$539,948

$539,948

$539,948

343.3 Increase funding to improve customer service.

State General Funds

$212,968

$212,968

$212,968

343.4 Add funds to properly reflect operating budget represented in HB1026.

Rebates, Refunds, and Reimbursements Not Itemized

$103,185

343. Customer Service

Appropriation (HB1027)

The purpose of this appropriation is to assure that all state revenue collection activities proceed in a manner consistent

with promoting voluntary compliance and the Taxpayer Bill of Rights.

TOTAL STATE FUNDS

$10,709,219

$10,709,219

$10,709,219

State General Funds

$10,709,219

$10,709,219

$10,709,219

TOTAL AGENCY FUNDS

$2,110,135

$2,110,135

$2,213,320

Rebates, Refunds, and Reimbursements

$103,185

2930

JOURNAL OF THE SENATE

Rebates, Refunds, and Reimbursements Not Itemized

$103,185

Sales and Services

$2,110,135

$2,110,135

$2,110,135

Sales and Services Not Itemized

$2,110,135

$2,110,135

$2,110,135

TOTAL PUBLIC FUNDS

$12,819,354

$12,819,354

$12,922,539

Departmental Administration

Continuation Budget

The purpose is to administer and enforce the tax laws of the State of Georgia and provide general support services to the

operating programs of the Department of Revenue.

TOTAL STATE FUNDS

$3,979,012

$3,979,012

$3,979,012

State General Funds

$3,979,012

$3,979,012

$3,979,012

TOTAL PUBLIC FUNDS

$3,979,012

$3,979,012

$3,979,012

Statewide Changes

344.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$74,800

$74,800

$74,800

Changes in the Size of the Program

344.2 Add funds to properly reflect operating budget represented in HB1026.

Sales and Services Not Itemized

$385,200

344. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general

support services to the operating programs of the Department of Revenue.

TOTAL STATE FUNDS

$4,053,812

$4,053,812

$4,053,812

State General Funds

$4,053,812

$4,053,812

$4,053,812

TOTAL AGENCY FUNDS

$385,200

Sales and Services

$385,200

Sales and Services Not Itemized

$385,200

TOTAL PUBLIC FUNDS

$4,053,812

$4,053,812

$4,439,012

Grants and Distribution

Continuation Budget

The purpose is to administer, collect, and distribute all local sales taxes in Georgia and to provide state retirement benefits

to local tax officials and their staffs.

TOTAL STATE FUNDS

$8,825,027

$8,825,027

$8,825,027

State General Funds

$8,825,027

$8,825,027

$8,825,027

TOTAL PUBLIC FUNDS

$8,825,027

$8,825,027

$8,825,027

THURSDAY, MARCH 23, 2006

2931

Changes in the Size of the Program

345.1 Transfer funds and activities from Grants and Distributions program to create Local Tax Officials Retirement and

FICA program.

State General Funds

($3,785,079)

($3,785,079)

($3,785,079)

345.2 Transfer funds and activities to the Customer Service program.

State General Funds

($539,948)

($539,948)

($539,948)

345.3 Transfer funds and activities to the Revenue Processing program.

State General Funds

($4,500,000)

($4,500,000)

($4,500,000)

Homeowner Tax Relief Grants

Continuation Budget

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each

qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2006.

TOTAL STATE FUNDS

$432,290,501 $432,290,501 $432,290,501

State General Funds

$432,290,501 $432,290,501 $432,290,501

TOTAL PUBLIC FUNDS

$432,290,501 $432,290,501 $432,290,501

Changes in the Size of the Program

346.1 Increase funding.

State General Funds

$1,709,499

$0

$0

346. Homeowner Tax Relief Grants

Appropriation (HB1027)

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each

qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2006.

TOTAL STATE FUNDS

$434,000,000 $432,290,501 $432,290,501

State General Funds

$434,000,000 $432,290,501 $432,290,501

TOTAL PUBLIC FUNDS

$434,000,000 $432,290,501 $432,290,501

Industry Regulation

Continuation Budget

The purpose is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products

and to ensure all coin operated amusement machines are properly licensed and decaled.

TOTAL STATE FUNDS

$4,516,392

$4,516,392

$4,516,392

State General Funds

$4,366,392

$4,366,392

$4,366,392

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$4,516,392

$4,516,392

$4,516,392

2932

JOURNAL OF THE SENATE

Statewide Changes

347.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$130,579

$130,579

$130,579

Changes in the Size of the Program

347.2 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$368,918

TOTAL PUBLIC FUNDS

$368,918

347. Industry Regulation

Appropriation (HB1027)

The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages,

tobacco products and to ensure all coin operated amusement machines are properly licensed and decaled.

TOTAL STATE FUNDS

$4,646,971

$4,646,971

$4,646,971

State General Funds

$4,496,971

$4,496,971

$4,496,971

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$368,918

Federal Funds Not Itemized

$368,918

TOTAL PUBLIC FUNDS

$4,646,971

$4,646,971

$5,015,889

Revenue Processing

Continuation Budget

The purpose is to ensure that all tax payments are received, credited, and deposited according to sound business practices

and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

TOTAL STATE FUNDS

$28,891,183

$28,891,183

$28,891,183

State General Funds

$28,891,183

$28,891,183

$28,891,183

TOTAL AGENCY FUNDS

$426,769

$426,769

$426,769

Reserved Fund Balances

$426,769

$426,769

$426,769

Reserved Fund Balances Not Itemized

$426,769

$426,769

$426,769

TOTAL PUBLIC FUNDS

$29,317,952

$29,317,952

$29,317,952

Statewide Changes

348.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$893,352

$893,352

$893,352

Changes in the Size of the Program

348.2 Transfer funds and activities from Grants and Distributions program.

State General Funds

$4,500,000

$4,500,000

$4,500,000

THURSDAY, MARCH 23, 2006

2933

348.3 Transfer one position to the Department of Public Safety.

State General Funds

($30,000)

($30,000)

($30,000)

348.4 Increase funding to ensure accurate and timely tax collection.

State General Funds

$6,340,526

$6,340,526

$6,340,526

348. Revenue Processing

Appropriation (HB1027)

The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to

sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update

taxpayer information.

TOTAL STATE FUNDS

$40,595,061

$40,595,061

$40,595,061

State General Funds

$40,595,061

$40,595,061

$40,595,061

TOTAL AGENCY FUNDS

$426,769

$426,769

$426,769

Reserved Fund Balances

$426,769

$426,769

$426,769

Reserved Fund Balances Not Itemized

$426,769

$426,769

$426,769

TOTAL PUBLIC FUNDS

$41,021,830

$41,021,830

$41,021,830

Salvage Inspection

Continuation Budget

The purpose is for the inspection of rebuilt salvage vehicles.

TOTAL STATE FUNDS

$1,527,364

$1,527,364

$1,527,364

State General Funds

$1,527,364

$1,527,364

$1,527,364

TOTAL PUBLIC FUNDS

$1,527,364

$1,527,364

$1,527,364

Statewide Changes

349.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$53,795

$53,795

$53,795

349. Salvage Inspection

Appropriation (HB1027)

The purpose of this appropriation is for the inspection of rebuilt salvage vehicles.

TOTAL STATE FUNDS

$1,581,159

$1,581,159

$1,581,159

State General Funds

$1,581,159

$1,581,159

$1,581,159

TOTAL PUBLIC FUNDS

$1,581,159

$1,581,159

$1,581,159

State Board of Equalization

Continuation Budget

The purpose is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed

assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and

reasonably uniform with the values set on other classes of property throughout the state.

2934

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$5,000

$5,000

$5,000

State General Funds

$5,000

$5,000

$5,000

TOTAL PUBLIC FUNDS

$5,000

$5,000

$5,000

350. State Board of Equalization

Appropriation (HB1027)

The purpose of this appropriation is to examine the proposed assessments of each class of taxpayers or property and the

digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax

jurisdictions and reasonably uniform with the values set on other classes of property throughout the state.

TOTAL STATE FUNDS

$5,000

$5,000

$5,000

State General Funds

$5,000

$5,000

$5,000

TOTAL PUBLIC FUNDS

$5,000

$5,000

$5,000

Tag and Title Registration

Continuation Budget

The purpose is to establish motor vehicle ownership.

TOTAL STATE FUNDS

$22,099,571

$22,099,571

$22,099,571

State General Funds

$22,099,571

$22,099,571

$22,099,571

TOTAL AGENCY FUNDS

$652,681

$652,681

$652,681

Sales and Services

$652,681

$652,681

$652,681

Sales and Services Not Itemized

$652,681

$652,681

$652,681

TOTAL PUBLIC FUNDS

$22,752,252

$22,752,252

$22,752,252

Statewide Changes

351.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$442,206

$442,206

$442,206

351. Tag and Title Registration

Appropriation (HB1027)

The purpose of this appropriation is to establish motor vehicle ownership.

TOTAL STATE FUNDS

$22,541,777

$22,541,777

$22,541,777

State General Funds

$22,541,777

$22,541,777

$22,541,777

TOTAL AGENCY FUNDS

$652,681

$652,681

$652,681

Sales and Services

$652,681

$652,681

$652,681

Sales and Services Not Itemized

$652,681

$652,681

$652,681

TOTAL PUBLIC FUNDS

$23,194,458

$23,194,458

$23,194,458

THURSDAY, MARCH 23, 2006

2935

Tax Compliance

Continuation Budget

The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS

$26,724,660

$26,724,660

$26,724,660

State General Funds

$26,724,660

$26,724,660

$26,724,660

TOTAL AGENCY FUNDS

$3,815,763

$3,815,763

$3,815,763

Sales and Services

$3,815,763

$3,815,763

$3,815,763

Sales and Services Not Itemized

$3,815,763

$3,815,763

$3,815,763

TOTAL PUBLIC FUNDS

$30,540,423

$30,540,423

$30,540,423

Statewide Changes

352.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$851,007

$851,007

$851,007

Changes in the Size of the Program

352.2 Increase funding for collection of delinquent taxes. (S:Additional funding for out-of-state tax initiatives)

State General Funds

$1,027,538

$1,027,538

$1,200,000

352.3 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,323,596

Sales and Services Not Itemized

$3,977,356

TOTAL PUBLIC FUNDS

$5,300,952

352. Tax Compliance

Appropriation (HB1027)

The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS

$28,603,205

$28,603,205

$28,775,667

State General Funds

$28,603,205

$28,603,205

$28,775,667

TOTAL FEDERAL FUNDS

$1,323,596

Federal Funds Not Itemized

$1,323,596

TOTAL AGENCY FUNDS

$3,815,763

$3,815,763

$7,793,119

Sales and Services

$3,815,763

$3,815,763

$7,793,119

Sales and Services Not Itemized

$3,815,763

$3,815,763

$7,793,119

TOTAL PUBLIC FUNDS

$32,418,968

$32,418,968

$37,892,382

Local Tax Officials Retirement and FICA

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

2936

JOURNAL OF THE SENATE

Changes to the Purpose or the Purpose Measure

430.2 SAC: The purpose of this appropriation is to provide state retirement benefits to local tax officials and their staffs.

State General Funds

$0

Changes in the Size of the Program

430.1 Transfer funds and activities from Grants and Distributions program to create Local Tax Officials Retirement and

FICA program.

State General Funds

$3,785,079

$3,785,079

$3,785,079

430. Local Tax Officials Retirement and FICA

Appropriation (HB1027)

The purpose of this appropriation is to provide state retirement benefits to local tax officials and their staffs.

TOTAL STATE FUNDS

$3,785,079

$3,785,079

$3,785,079

State General Funds

$3,785,079

$3,785,079

$3,785,079

TOTAL PUBLIC FUNDS

$3,785,079

$3,785,079

$3,785,079

Section 41A: Secretary of State

Section Total - Continuation

TOTAL STATE FUNDS

$34,038,145

$34,038,145

$34,038,145

State General Funds

$34,038,145

$34,038,145

$34,038,145

TOTAL AGENCY FUNDS

$1,493,584

$1,493,584

$1,493,584

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

Sales and Services

$1,443,584

$1,443,584

$1,443,584

TOTAL PUBLIC FUNDS

$35,531,729

$35,531,729

$35,531,729

Section Total - Final

TOTAL STATE FUNDS

$36,364,162

$36,964,162

$37,339,162

State General Funds

$36,364,162

$36,964,162

$37,339,162

TOTAL AGENCY FUNDS

$1,067,180

$1,067,180

$1,067,180

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

Sales and Services

$1,017,180

$1,017,180

$1,017,180

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$431,085

$431,085

$431,085

TOTAL PUBLIC FUNDS

$37,862,427

$38,462,427

$38,837,427

Archives and Records

Continuation Budget

The purpose is to assist State Agencies in adequately documenting their activities, administering their records management

programs, scheduling their records and transferring their non-current records to the State Records Center.

THURSDAY, MARCH 23, 2006

2937

TOTAL STATE FUNDS

$5,856,020

$5,856,020

$5,856,020

State General Funds

$5,856,020

$5,856,020

$5,856,020

TOTAL AGENCY FUNDS

$504,234

$504,234

$504,234

Sales and Services

$504,234

$504,234

$504,234

Sales and Services Not Itemized

$504,234

$504,234

$504,234

TOTAL PUBLIC FUNDS

$6,360,254

$6,360,254

$6,360,254

Statewide Changes

353.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$116,302

$116,302

$116,302

Sales and Services Not Itemized

$2,668

$2,668

$2,668

Agency to Agency Contracts

$1,851

$1,851

$1,851

TOTAL PUBLIC FUNDS

$120,821

$120,821

$120,821

Changes in How the Program is Funded

353.2 Replace fund sources.

Sales and Services Not Itemized

($429,234)

($429,234)

($429,234)

Agency to Agency Contracts

$429,234

$429,234

$429,234

TOTAL PUBLIC FUNDS

$0

$0

$0

353. Archives and Records

Appropriation (HB1027)

The purpose of this appropriation is to assist State Agencies in adequately documenting their activities, administering their

records management programs, scheduling their records and transferring their non-current records to the State Records

Center.

TOTAL STATE FUNDS

$5,972,322

$5,972,322

$5,972,322

State General Funds

$5,972,322

$5,972,322

$5,972,322

TOTAL AGENCY FUNDS

$77,668

$77,668

$77,668

Sales and Services

$77,668

$77,668

$77,668

Sales and Services Not Itemized

$77,668

$77,668

$77,668

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$431,085

$431,085

$431,085

Agency to Agency Contracts

$431,085

$431,085

$431,085

TOTAL PUBLIC FUNDS

$6,481,075

$6,481,075

$6,481,075

2938

JOURNAL OF THE SENATE

Capitol Tours

Continuation Budget

The purpose of this appropriation is to educate Georgians on the importance of civic involvement, the functions of state

government, and the history of the State Capitol.

TOTAL STATE FUNDS

$151,672

$151,672

$151,672

State General Funds

$151,672

$151,672

$151,672

TOTAL PUBLIC FUNDS

$151,672

$151,672

$151,672

Statewide Changes

354.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$4,105

$4,105

$4,105

Changes to the Purpose or the Purpose Measure

354.2 SAC: The purpose of this appropriation is to provide guided informational tours of the State Capitol. The purpose

will be measured by the number of individuals taking guided informational tours of the State Capitol per state

fiscal year.

House: To provide guided informational tours of the State Capitol.

State General Funds

$0

$0

354. Capitol Tours

Appropriation (HB1027)

The purpose of this appropriation is to provide guided informational tours of the State Capitol. The purpose will be

measured by the number of individuals taking guided informational tours of the State Capitol per state fiscal year.

TOTAL STATE FUNDS

$155,777

$155,777

$155,777

State General Funds

$155,777

$155,777

$155,777

TOTAL PUBLIC FUNDS

$155,777

$155,777

$155,777

Corporations

Continuation Budget

The Corporations Division accepts and reviews filings made pursuant to the above enumerated statutes. The division issues

certifications of records on file and provides general information to the public on approximately 590,000 filed

entities.

TOTAL STATE FUNDS

$1,312,934

$1,312,934

$1,312,934

State General Funds

$1,312,934

$1,312,934

$1,312,934

TOTAL AGENCY FUNDS

$739,350

$739,350

$739,350

Sales and Services

$739,350

$739,350

$739,350

Sales and Services Not Itemized

$739,350

$739,350

$739,350

TOTAL PUBLIC FUNDS

$2,052,284

$2,052,284

$2,052,284

THURSDAY, MARCH 23, 2006

2939

Statewide Changes

355.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$64,855

$64,855

$64,855

Sales and Services Not Itemized

$162

$162

$162

TOTAL PUBLIC FUNDS

$65,017

$65,017

$65,017

Changes to the Purpose or the Purpose Measure

355.2 SAC: The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue

certifications of records on file; and to provide general information to the public on all filed entities. The purpose

will be measured by: the average time to accept and review filings; issue certifications of records; and provide

information on filed entities.

House: To accept and review filings made pursuant to statutes; to issue certifications of records on file; and to

provide general information to the public on all filed entities.

State General Funds

$0

$0

Changes in the Size of the Program

355.3 Reflect reductions.

State General Funds

($180,000)

($180,000)

($180,000)

355. Corporations

Appropriation (HB1027)

The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records

on file; and to provide general information to the public on all filed entities. The purpose will be measured by: the average

time to accept and review filings; issue certifications of records; and provide information on filed entities.

TOTAL STATE FUNDS

$1,197,789

$1,197,789

$1,197,789

State General Funds

$1,197,789

$1,197,789

$1,197,789

TOTAL AGENCY FUNDS

$739,512

$739,512

$739,512

Sales and Services

$739,512

$739,512

$739,512

Sales and Services Not Itemized

$739,512

$739,512

$739,512

TOTAL PUBLIC FUNDS

$1,937,301

$1,937,301

$1,937,301

Elections

Continuation Budget

The purpose is to administer all duties imposed upon the Secretary of State by the above cited Georgia federal laws by

providing all required filing and public information services, performing all certification and commissioning duties

required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election,

voter registration and financial disclosure laws.

2940

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$5,545,164

$5,545,164

$5,545,164

State General Funds

$5,545,164

$5,545,164

$5,545,164

TOTAL AGENCY FUNDS

$20,000

$20,000

$20,000

Sales and Services

$20,000

$20,000

$20,000

Sales and Services Not Itemized

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$5,565,164

$5,565,164

$5,565,164

Statewide Changes

356.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$66,806

$66,806

$66,806

Changes in the Size of the Program

356.2 Reflect reductions.

State General Funds

($395,759)

($395,759)

($395,759)

356.3 Transfer remaining budget and three positions of Elections Campaign and Financial Disclosure to the Georgia

Ethics Commission.

State General Funds

($106,548)

($106,548)

($106,548)

356. Elections

Appropriation (HB1027)

The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by the above cited Georgia

federal laws by providing all required filing and public information services, performing all certification and

commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and

complying with all election, voter registration and financial disclosure laws.

TOTAL STATE FUNDS

$5,109,663

$5,109,663

$5,109,663

State General Funds

$5,109,663

$5,109,663

$5,109,663

TOTAL AGENCY FUNDS

$20,000

$20,000

$20,000

Sales and Services

$20,000

$20,000

$20,000

Sales and Services Not Itemized

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$5,129,663

$5,129,663

$5,129,663

Office Administration

Continuation Budget

The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its

attached agencies.

TOTAL STATE FUNDS

$4,642,318

$4,642,318

$4,642,318

State General Funds

$4,642,318

$4,642,318

$4,642,318

THURSDAY, MARCH 23, 2006

2941

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$4,672,318

$4,672,318

$4,672,318

Statewide Changes

357.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$165,136

$165,136

$165,136

Changes in Operations / Administration

357.2 Provide funding for the State Boxing Commission.

State General Funds

$75,000

357. Office Administration

Appropriation (HB1027)

The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its

attached agencies.

TOTAL STATE FUNDS

$4,807,454

$4,807,454

$4,882,454

State General Funds

$4,807,454

$4,807,454

$4,882,454

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$4,837,454

$4,837,454

$4,912,454

Professional Licensing Boards

Continuation Budget

The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS

$9,318,609

$9,318,609

$9,318,609

State General Funds

$9,318,609

$9,318,609

$9,318,609

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$9,468,609

$9,468,609

$9,468,609

Statewide Changes

358.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$227,686

$227,686

$227,686

2942

JOURNAL OF THE SENATE

Changes in Operations / Administration

358.2 Annualize funding for the Residential and General Contractors Board.

State General Funds

$556,622

$556,622

$556,622

358.3 Provide funding for SB 110 - Massage Therapy Licensing Board.

State General Funds

$100,000

$100,000

Changes in the Size of the Program

358.4 Enable the Professional Licensing Boards (PLB) to fill critical support and inspection/investigative vacancies in

the Consumer Services, Allied Health Fields, and Health and Consumer sections as well as in the Businesses and

Professions and Health Care Investigation Units; fund twelve new support and inspection/investigative positions

for the following boards: Barber, Construction, Cosmetology, Dentistry, Engineers/Land Surveyors, Funeral

Services, Registered Nurses, and Used Motor Vehicles and Parts Dealers and related position start-up purchases

and operating costs; and fund increase in PLB board member travel expenses.

State General Funds

$1,151,518

$1,151,518

$1,151,518

358. Professional Licensing Boards

Appropriation (HB1027)

The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which

license professions.

TOTAL STATE FUNDS

$11,254,435

$11,354,435

$11,354,435

State General Funds

$11,254,435

$11,354,435

$11,354,435

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$11,404,435

$11,504,435

$11,504,435

Securities

Continuation Budget

The purpose is to provide for registration, compliance and enforcement of the above provisions of the Georgia Codes, and

to provide information to the public regarding subjects of such codes.

TOTAL STATE FUNDS

$1,961,222

$1,961,222

$1,961,222

State General Funds

$1,961,222

$1,961,222

$1,961,222

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements Not Itemized

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$2,011,222

$2,011,222

$2,011,222

THURSDAY, MARCH 23, 2006

2943

Statewide Changes

359.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$79,206

$79,206

$79,206

359. Securities

Appropriation (HB1027)

The purpose of this appropriation is to provide for registration, compliance and enforcement of the above provisions of the

Georgia Codes, and to provide information to the public regarding subjects of such codes.

TOTAL STATE FUNDS

$2,040,428

$2,040,428

$2,040,428

State General Funds

$2,040,428

$2,040,428

$2,040,428

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements

$50,000

$50,000

$50,000

Rebates, Refunds, and Reimbursements Not Itemized

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$2,090,428

$2,090,428

$2,090,428

Drugs and Narcotics Agency, Georgia

Continuation Budget

The purpose is to protect the health, safety, and welfare of the general public by providing an enforcement presence to

oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS

$1,288,769

$1,288,769

$1,288,769

State General Funds

$1,288,769

$1,288,769

$1,288,769

TOTAL PUBLIC FUNDS

$1,288,769

$1,288,769

$1,288,769

Statewide Changes

360.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$40,424

$40,424

$40,424

Changes in Operations / Administration

360.2 Provide additional funds to meet contractual rent obligations.

State General Funds

$2,151

$2,151

$2,151

Changes in the Size of the Program

360.3 Increase funding to new technology initiatives.

State General Funds

$31,540

$31,540

$31,540

360. Drugs and Narcotics Agency, Georgia

Appropriation (HB1027)

The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an

enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS

$1,362,884

$1,362,884

$1,362,884

2944

JOURNAL OF THE SENATE

State General Funds

$1,362,884

$1,362,884

$1,362,884

TOTAL PUBLIC FUNDS

$1,362,884

$1,362,884

$1,362,884

State Ethics Commission

Continuation Budget

The purpose is to protect the integrity of the democratic process and to ensure fair elections with the public disclosure of

campaign financing and significant private interests of public officers and candidates for public office.

TOTAL STATE FUNDS

$824,434

$824,434

$824,434

State General Funds

$824,434

$824,434

$824,434

TOTAL PUBLIC FUNDS

$824,434

$824,434

$824,434

Statewide Changes

361.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$25,620

$25,620

$25,620

Changes to the Purpose or the Purpose Measure

361.2 SAC: The purpose of this appropriation is to protect the integrity of the democratic process and ensure compliance

by candidates, public officials, non-candidate campaign committees, lobbyists and vendors with Georgia's

Campaign and Financial Disclosure requirements.

House: To protect the integrity of the democratic process and ensure compliance by candidates, public officials,

non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure

requirements.

State General Funds

$0

$0

Changes in Operations / Administration

361.3 Increase funds due to additional responsibilities for HB 48 - ethics in government; amend provisions.

State General Funds

$500,000

$800,000

Changes in the Size of the Program

361.4 Transfer remaining budget and three positions of Elections Campaign and Financial Disclosure to the Georgia

Ethics Commission.

State General Funds

$106,548

$106,548

$106,548

361. State Ethics Commission

Appropriation (HB1027)

The purpose of this appropriation is to protect the integrity of the democratic process and ensure compliance by candidates,

public officials, non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial

Disclosure requirements.

TOTAL STATE FUNDS

$956,602

$1,456,602

$1,756,602

THURSDAY, MARCH 23, 2006

2945

State General Funds

$956,602

$1,456,602

$1,756,602

TOTAL PUBLIC FUNDS

$956,602

$1,456,602

$1,756,602

Commission on the Holocaust, Georgia

Continuation Budget

The purpose is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an

awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their recurrence.

TOTAL STATE FUNDS

$245,915

$245,915

$245,915

State General Funds

$245,915

$245,915

$245,915

TOTAL PUBLIC FUNDS

$245,915

$245,915

$245,915

Statewide Changes

362.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$7,497

$7,497

$7,497

362. Commission on the Holocaust, Georgia

Appropriation (HB1027)

The purpose of this appropriation is to teach the lessons of the Holocaust to present and future generations of Georgians in

order to create an awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their

recurrence.

TOTAL STATE FUNDS

$253,412

$253,412

$253,412

State General Funds

$253,412

$253,412

$253,412

TOTAL PUBLIC FUNDS

$253,412

$253,412

$253,412

Real Estate Commission

Continuation Budget

The purpose is to administer the license law that regulates brokers, salespersons, and community association managers.

TOTAL STATE FUNDS

$2,891,088

$2,891,088

$2,891,088

State General Funds

$2,891,088

$2,891,088

$2,891,088

TOTAL PUBLIC FUNDS

$2,891,088

$2,891,088

$2,891,088

Statewide Changes

363.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$63,576

$63,576

$63,576

Changes to the Purpose or the Purpose Measure

363.2 SAC: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons

and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of

the Real Estate Appraisal.

2946

JOURNAL OF THE SENATE

House: To administer the license law for real estate brokers and salespersons and with providing administrative

support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

State General Funds

$0

$0

Changes in the Size of the Program

363.3 Fill two vacant positions, add one position and one vehicle, and meet increasing technology demands for

investigative purposes.

State General Funds

$298,732

$298,732

$298,732

363. Real Estate Commission

Appropriation (HB1027)

The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and with

providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate

Appraisal.

TOTAL STATE FUNDS

$3,253,396

$3,253,396

$3,253,396

State General Funds

$3,253,396

$3,253,396

$3,253,396

TOTAL PUBLIC FUNDS

$3,253,396

$3,253,396

$3,253,396

Section 41B: State Election Board

State Election Board

Continuation Budget

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Section 42: Soil and Water Conservation Commission

Section Total - Continuation

TOTAL STATE FUNDS

$3,706,196

$3,706,196

$3,706,196

State General Funds

$3,706,196

$3,706,196

$3,706,196

TOTAL FEDERAL FUNDS

$1,680,526

$1,680,526

$1,680,526

Federal Funds Not Itemized

$1,680,526

$1,680,526

$1,680,526

TOTAL AGENCY FUNDS

$7,049,487

$7,049,487

$7,049,487

Intergovernmental Transfers

$6,799,922

$6,799,922

$6,799,922

Sales and Services

$249,565

$249,565

$249,565

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$12,817,114

$12,817,114

$12,817,114

Section Total - Final

TOTAL STATE FUNDS

$3,097,477

$3,097,477

$3,097,477

State General Funds

$3,097,477

$3,097,477

$3,097,477

THURSDAY, MARCH 23, 2006

2947

TOTAL FEDERAL FUNDS

$1,295,526

$1,295,526

$1,295,526

Federal Funds Not Itemized

$1,295,526

$1,295,526

$1,295,526

TOTAL AGENCY FUNDS

$7,049,312

$7,049,312

$7,049,312

Intergovernmental Transfers

$6,799,922

$6,799,922

$6,799,922

Sales and Services

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$905

$905

$905

TOTAL PUBLIC FUNDS

$11,443,220

$11,443,220

$11,443,220

Commission Administration

Continuation Budget

The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$583,098

$583,098

$583,098

State General Funds

$583,098

$583,098

$583,098

TOTAL AGENCY FUNDS

$175

$175

$175

Sales and Services

$175

$175

$175

Sales and Services Not Itemized

$175

$175

$175

TOTAL PUBLIC FUNDS

$583,273

$583,273

$583,273

Statewide Changes

365.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$16,607

$16,607

$16,607

Changes in the Size of the Program

365.2 Remove funds added into agency budget in FY 2005.

Sales and Services Not Itemized

($175)

($175)

($175)

365. Commission Administration

Appropriation (HB1027)

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$599,705

$599,705

$599,705

State General Funds

$599,705

$599,705

$599,705

TOTAL PUBLIC FUNDS

$599,705

$599,705

$599,705

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS

$227,332

$227,332

$227,332

State General Funds

$227,332

$227,332

$227,332

TOTAL FEDERAL FUNDS

$750,000

$750,000

$750,000

2948

JOURNAL OF THE SENATE

Federal Funds Not Itemized

$750,000

$750,000

$750,000

TOTAL AGENCY FUNDS

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers Not Itemized

$6,749,922

$6,749,922

$6,749,922

TOTAL PUBLIC FUNDS

$7,727,254

$7,727,254

$7,727,254

Statewide Changes

366.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$7,403

$7,403

$7,403

Changes in the Size of the Program

366.2 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting.

State General Funds

$2,509

$2,509

$2,509

366.3 Provide funding for a resource specialist.

State General Funds

$8,324

$8,324

$8,324

366.4 Transfer funds from the Conservation of Soil and Water Resources program for the Region V office in Dawson to

better reflect staff activities.

State General Funds

$18,461

$18,461

$18,461

366. Conservation of Agricultural Water Supplies

Appropriation (HB1027)

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS

$264,029

$264,029

$264,029

State General Funds

$264,029

$264,029

$264,029

TOTAL FEDERAL FUNDS

$750,000

$750,000

$750,000

Federal Funds Not Itemized

$750,000

$750,000

$750,000

TOTAL AGENCY FUNDS

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers

$6,749,922

$6,749,922

$6,749,922

Intergovernmental Transfers Not Itemized

$6,749,922

$6,749,922

$6,749,922

TOTAL PUBLIC FUNDS

$7,763,951

$7,763,951

$7,763,951

Conservation of Soil and Water Resources

Continuation Budget

The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best

management practices on agricultural lands.

TOTAL STATE FUNDS

$1,092,694

$1,092,694

$1,092,694

State General Funds

$1,092,694

$1,092,694

$1,092,694

THURSDAY, MARCH 23, 2006

2949

TOTAL FEDERAL FUNDS

$863,526

$863,526

$863,526

Federal Funds Not Itemized

$863,526

$863,526

$863,526

TOTAL AGENCY FUNDS

$299,390

$299,390

$299,390

Intergovernmental Transfers

$50,000

$50,000

$50,000

Intergovernmental Transfers Not Itemized

$50,000

$50,000

$50,000

Sales and Services

$249,390

$249,390

$249,390

Sales and Services Not Itemized

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$380,905

$380,905

$380,905

Agency to Agency Contracts

$380,905

$380,905

$380,905

TOTAL PUBLIC FUNDS

$2,636,515

$2,636,515

$2,636,515

Statewide Changes

367.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$32,776

$32,776

$32,776

Changes in Operations / Administration

367.2 Remove funds for an EPD Erosion & Sedimentation Control contract completed in FY 2005.(H and S:Remove

Other Erosion & Sedimentation Control contract completed in FY 2006.)

Agency to Agency Contracts

($380,000)

($380,000)

($380,000)

One-Time Expense

367.3 Remove funds for federal contracts that were completed in FY 2005.

Federal Funds Not Itemized

($318,000)

($318,000)

($318,000)

Changes in the Size of the Program

367.4 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting.

State General Funds

$26,852

$26,852

$26,852

367.5 Provide funding for a rural program manager.

State General Funds

$25,049

$25,049

$25,049

367.6 Provide funding for a resource specialist.

State General Funds

$12,484

$12,484

$12,484

367.7 Transfer funds from the Conservation of Soil and Water Resources program for the Region V office in Dawson to

better reflect staff activities.

State General Funds

($18,461)

($18,461)

($18,461)

2950

JOURNAL OF THE SENATE

367. Conservation of Soil and Water Resources

Appropriation (HB1027)

The purpose of this appropriation is to conserve Georgia's rich natural resources through voluntary implementation of

conservation best management practices on agricultural lands.

TOTAL STATE FUNDS

$1,171,394

$1,171,394

$1,171,394

State General Funds

$1,171,394

$1,171,394

$1,171,394

TOTAL FEDERAL FUNDS

$545,526

$545,526

$545,526

Federal Funds Not Itemized

$545,526

$545,526

$545,526

TOTAL AGENCY FUNDS

$299,390

$299,390

$299,390

Intergovernmental Transfers

$50,000

$50,000

$50,000

Intergovernmental Transfers Not Itemized

$50,000

$50,000

$50,000

Sales and Services

$249,390

$249,390

$249,390

Sales and Services Not Itemized

$249,390

$249,390

$249,390

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$905

$905

$905

Agency to Agency Contracts

$905

$905

$905

TOTAL PUBLIC FUNDS

$2,017,215

$2,017,215

$2,017,215

U.S.D.A. Flood Control Watershed Structures

Continuation Budget

The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

TOTAL STATE FUNDS

$19,655

$19,655

$19,655

State General Funds

$19,655

$19,655

$19,655

TOTAL PUBLIC FUNDS

$19,655

$19,655

$19,655

Statewide Changes

368.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$721

$721

$721

Changes in Operations / Administration

368.2 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting.

State General Funds

$155

$155

$155

Changes in the Size of the Program

368.3 Provide funding for a rural program manager.

State General Funds

$6,679

$6,679

$6,679

368.4 Redirect funds from the Water Resources and Land Use Planning program to complete maintenance on five

Category 1 Dams.

THURSDAY, MARCH 23, 2006

2951

State General Funds

$77,853

$77,853

$77,853

368. U.S.D.A. Flood Control Watershed Structures

Appropriation (HB1027)

The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to

Georgia citizens.

TOTAL STATE FUNDS

$105,063

$105,063

$105,063

State General Funds

$105,063

$105,063

$105,063

TOTAL PUBLIC FUNDS

$105,063

$105,063

$105,063

Water Resources and Land Use Planning

Continuation Budget

The purpose is to improve the understanding of water use and to develop plans that improve water management and

efficiency.

TOTAL STATE FUNDS

$1,783,417

$1,783,417

$1,783,417

State General Funds

$1,783,417

$1,783,417

$1,783,417

TOTAL FEDERAL FUNDS

$67,000

$67,000

$67,000

Federal Funds Not Itemized

$67,000

$67,000

$67,000

TOTAL PUBLIC FUNDS

$1,850,417

$1,850,417

$1,850,417

Statewide Changes

369.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$52

$52

$52

One-Time Expense

369.2 Eliminate one-time funding for regional reservoir planning.

State General Funds

($750,000)

($750,000)

($750,000)

369.3 Remove funds for a federal contract that was completed in FY 2005.

Federal Funds Not Itemized

($67,000)

($67,000)

($67,000)

Changes in the Size of the Program

369.4 Provide funding for a rural program manager.

State General Funds

$1,670

$1,670

$1,670

369.5 Redirect state funds from the Water Resources and Land Use Planning program to the USDA Flood Control

Watershed Structures program to complete maintenance on 5 Category 1 Dams.

State General Funds

($77,853)

($77,853)

($77,853)

2952

JOURNAL OF THE SENATE

369. Water Resources and Land Use Planning

Appropriation (HB1027)

The purpose of this appropriation is to improve the understanding of water use and to develop plans that improve water

management and efficiency.

TOTAL STATE FUNDS

$957,286

$957,286

$957,286

State General Funds

$957,286

$957,286

$957,286

TOTAL PUBLIC FUNDS

$957,286

$957,286

$957,286

Section 43: Student Finance Commission and Authority, Georgia Section Total - Continuation

TOTAL STATE FUNDS

$559,488,637 $559,488,637 $559,488,637

Lottery Proceeds

$521,548,450 $521,548,450 $521,548,450

State General Funds

$37,940,187

$37,940,187

$37,940,187

TOTAL FEDERAL FUNDS

$520,653

$520,653

$520,653

Federal Funds Not Itemized

$520,653

$520,653

$520,653

TOTAL PUBLIC FUNDS

$560,009,290 $560,009,290 $560,009,290

Section Total - Final

TOTAL STATE FUNDS

$577,767,284 $576,767,284 $576,267,284

Lottery Proceeds

$539,601,059 $539,601,059 $539,601,059

State General Funds

$38,166,225

$37,166,225

$36,666,225

TOTAL FEDERAL FUNDS

$520,653

$520,653

$522,134

Federal Funds Not Itemized

$520,653

$520,653

$522,134

TOTAL AGENCY FUNDS

$6,773,600

$6,973,600

$6,773,600

Reserved Fund Balances

$6,773,600

$6,973,600

$6,773,600

TOTAL PUBLIC FUNDS

$585,061,537 $584,261,537 $583,563,018

Accel

Continuation Budget

The purpose is to allow students to pursue post-secondary study at approved public and private post-secondary institutions,

while receiving dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS

$6,000,000

$6,000,000

$6,000,000

Lottery Proceeds

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$6,000,000

$6,000,000

$6,000,000

370. Accel

Appropriation (HB1027)

The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-

secondary institutions, while receiving dual high school and college credit for courses successfully completed.

THURSDAY, MARCH 23, 2006

2953

TOTAL STATE FUNDS

$6,000,000

$6,000,000

$6,000,000

Lottery Proceeds

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$6,000,000

$6,000,000

$6,000,000

Engineer Scholarship

Continuation Budget

The purpose is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon

campus) and retain those students as engineers in the State.

TOTAL STATE FUNDS

$760,000

$760,000

$760,000

Lottery Proceeds

$760,000

$760,000

$760,000

State General Funds

$0

TOTAL PUBLIC FUNDS

$760,000

$760,000

$760,000

Changes to the Purpose or the Purpose Measure

371.1 SAC: The purpose of this appropriation is to provide service cancelable loans to Georgia residents who are

engineering students at Mercer University (Macon campus) and retain those students as engineers in the State. The

purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the

average administrative cost of making an award to a student.

Lottery Proceeds

$0

371. Engineer Scholarship

Appropriation (HB1027)

The purpose of this appropriation is to provide service cancelable loans to Georgia residents who are engineering students

at Mercer University (Macon campus) and retain those students as engineers in the State. The purpose will be measured by:

the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making

an award to a student.

TOTAL STATE FUNDS

$760,000

$760,000

$760,000

Lottery Proceeds

$760,000

$760,000

$760,000

TOTAL PUBLIC FUNDS

$760,000

$760,000

$760,000

Georgia Military College Scholarship

Continuation Budget

The purpose is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby

strengthening Georgia's National Guard with their membership.

TOTAL STATE FUNDS

$770,477

$770,477

$770,477

Lottery Proceeds

$770,477

$770,477

$770,477

TOTAL PUBLIC FUNDS

$770,477

$770,477

$770,477

2954

JOURNAL OF THE SENATE

372. Georgia Military College Scholarship

Appropriation (HB1027)

The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military

College, thereby strengthening Georgia's National Guard with their membership.

TOTAL STATE FUNDS

$770,477

$770,477

$770,477

Lottery Proceeds

$770,477

$770,477

$770,477

TOTAL PUBLIC FUNDS

$770,477

$770,477

$770,477

Governor's Scholarship Program

Continuation Budget

The purpose is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class

by providing a scholarship to attend an eligible post-secondary institution in Georgia.

TOTAL STATE FUNDS

$2,329,200

$2,329,200

$2,329,200

State General Funds

$2,329,200

$2,329,200

$2,329,200

TOTAL PUBLIC FUNDS

$2,329,200

$2,329,200

$2,329,200

373. Governor's Scholarship Program

Appropriation (HB1027)

The purpose of this appropriation is to recognize graduating Georgia High School seniors who are a valedictorian or STAR

student of their class by providing a scholarship to attend an eligible post-secondary institution in Georgia.

TOTAL STATE FUNDS

$2,329,200

$2,329,200

$2,329,200

State General Funds

$2,329,200

$2,329,200

$2,329,200

TOTAL PUBLIC FUNDS

$2,329,200

$2,329,200

$2,329,200

Guaranteed Educational Loans

Continuation Budget

The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing,

physical therapy and pharmacy.

TOTAL STATE FUNDS

$3,799,883

$3,799,883

$3,799,883

State General Funds

$3,799,883

$3,799,883

$3,799,883

TOTAL PUBLIC FUNDS

$3,799,883

$3,799,883

$3,799,883

Changes to the Purpose or the Purpose Measure

374.3 SAC: The purpose of this appropriation is to provide service cancelable loans to students enrolled in critical fields

of study, which include programs such as nursing, physical therapy and pharmacy. The purpose will be measured

by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative

cost of making an award to a student.

State General Funds

$0

One-Time Expense

THURSDAY, MARCH 23, 2006

2955

374.1 Increase funding for 100 additional nursing slots.

Reserved Fund Balances Not Itemized

$280,000

$280,000

$280,000

374.2 Provide funds for a service cancelable loan program for nursing educators at a maximum of $2,000 per loan for up

to 100 students.

Reserved Fund Balances Not Itemized

$200,000

$0

374. Guaranteed Educational Loans

Appropriation (HB1027)

The purpose of this appropriation is to provide service cancelable loans to students enrolled in critical fields of study,

which include programs such as nursing, physical therapy and pharmacy. The purpose will be measured by: the percentage

repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a

student.

TOTAL STATE FUNDS

$3,799,883

$3,799,883

$3,799,883

State General Funds

$3,799,883

$3,799,883

$3,799,883

TOTAL AGENCY FUNDS

$280,000

$480,000

$280,000

Reserved Fund Balances

$280,000

$480,000

$280,000

Reserved Fund Balances Not Itemized

$280,000

$480,000

$280,000

TOTAL PUBLIC FUNDS

$4,079,883

$4,279,883

$4,079,883

HERO Scholarship

Continuation Budget

The purpose is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military

Reservists who served in combat zones and the children of such members.

TOTAL STATE FUNDS

$0

$0

$0

State General Funds

$0

$0

$0

Changes in the Size of the Program

375.1 Provide funds for 50 scholarships at $2,000 per award.

State General Funds

$200,000

$200,000

$200,000

375. HERO Scholarship

Appropriation (HB1027)

The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard

and U.S. Military Reservists who served in combat zones and the children of such members.

TOTAL STATE FUNDS

$200,000

$200,000

$200,000

State General Funds

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$200,000

$200,000

$200,000

2956

JOURNAL OF THE SENATE

HOPE Administration

Continuation Budget

The purpose is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate

programs at eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS

$5,111,697

$5,111,697

$5,111,697

Lottery Proceeds

$5,111,697

$5,111,697

$5,111,697

State General Funds

$0

TOTAL PUBLIC FUNDS

$5,111,697

$5,111,697

$5,111,697

Statewide Changes

376.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Lottery Proceeds

$116,623

$116,623

$116,623

Changes to the Purpose or the Purpose Measure

376.3 SAC: The purpose of this appropriation is to provide for the administration of the HOPE scholarship and grant

programs. The purpose will be measured by the calculated administrative cost of making an award to a student.

State General Funds

$0

Changes in Operations / Administration

376.2 Use current funds in HOPE Administration to provide two positions to implement the mandated grade point

transcript exchange initiative. (G:YES)(H:YES)(S:YES)

Lottery Proceeds

$0

$0

$0

376. HOPE Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide for the administration of the HOPE scholarship and grant programs. The

purpose will be measured by the calculated administrative cost of making an award to a student.

TOTAL STATE FUNDS

$5,228,320

$5,228,320

$5,228,320

Lottery Proceeds

$5,228,320

$5,228,320

$5,228,320

TOTAL PUBLIC FUNDS

$5,228,320

$5,228,320

$5,228,320

HOPE GED

Continuation Budget

The purpose is to award a $500 voucher once to each student receiving a general educational development diploma

awarded by the Georgia Department of Technical and Adult Education.

TOTAL STATE FUNDS

$2,840,694

$2,840,694

$2,840,694

Lottery Proceeds

$2,840,694

$2,840,694

$2,840,694

TOTAL PUBLIC FUNDS

$2,840,694

$2,840,694

$2,840,694

THURSDAY, MARCH 23, 2006

2957

Changes in the Size of the Program

377.1 Transfer to HOPE Scholarship-Public Schools to reflect true need and to provide for projected growth.

Lottery Proceeds

($379,080)

($379,080)

($379,080)

377. HOPE GED

Appropriation (HB1027)

The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational

development diploma awarded by the Georgia Department of Technical and Adult Education.

TOTAL STATE FUNDS

$2,461,614

$2,461,614

$2,461,614

Lottery Proceeds

$2,461,614

$2,461,614

$2,461,614

TOTAL PUBLIC FUNDS

$2,461,614

$2,461,614

$2,461,614

HOPE Grant

Continuation Budget

The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS

$122,784,173 $122,784,173 $122,784,173

Lottery Proceeds

$122,784,173 $122,784,173 $122,784,173

TOTAL PUBLIC FUNDS

$122,784,173 $122,784,173 $122,784,173

378. HOPE Grant

Appropriation (HB1027)

The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-

secondary institution.

TOTAL STATE FUNDS

$122,784,173 $122,784,173 $122,784,173

Lottery Proceeds

$122,784,173 $122,784,173 $122,784,173

TOTAL PUBLIC FUNDS

$122,784,173 $122,784,173 $122,784,173

HOPE Scholarships - Private Schools

Continuation Budget

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private

post-secondary institution.

TOTAL STATE FUNDS

$45,751,850

$45,751,850

$45,751,850

Lottery Proceeds

$45,751,850

$45,751,850

$45,751,850

TOTAL PUBLIC FUNDS

$45,751,850

$45,751,850

$45,751,850

Changes in the Size of the Program

379.1 Transfer to HOPE Scholarship-Public Schools to reflect true need and to provide for projected growth.

Lottery Proceeds

($100,118)

($100,118)

($100,118)

2958

JOURNAL OF THE SENATE

379. HOPE Scholarships - Private Schools

Appropriation (HB1027)

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree

at an eligible private post-secondary institution.

TOTAL STATE FUNDS

$45,651,732

$45,651,732

$45,651,732

Lottery Proceeds

$45,651,732

$45,651,732

$45,651,732

TOTAL PUBLIC FUNDS

$45,651,732

$45,651,732

$45,651,732

HOPE Scholarships - Public Schools

Continuation Budget

The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public

post-secondary institution.

TOTAL STATE FUNDS

$326,011,143 $326,011,143 $326,011,143

Lottery Proceeds

$326,011,143 $326,011,143 $326,011,143

TOTAL PUBLIC FUNDS

$326,011,143 $326,011,143 $326,011,143

Changes in the Size of the Program

380.1 Transfer from Promise II ($74,590), HOPE GED ($379,080) and HOPE Scholarship - Private Schools ($100,118)

to provide for projected growth.

Lottery Proceeds

$553,788

$553,788

$553,788

380.2 Increase funds to reflect projected growth.

Lottery Proceeds

$17,935,986

$17,935,986

$17,935,986

380. HOPE Scholarships - Public Schools

Appropriation (HB1027)

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree

at an eligible public post-secondary institution.

TOTAL STATE FUNDS

$344,500,917 $344,500,917 $344,500,917

Lottery Proceeds

$344,500,917 $344,500,917 $344,500,917

TOTAL PUBLIC FUNDS

$344,500,917 $344,500,917 $344,500,917

Law Enforcement Dependents Grant

Continuation Budget

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and

prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public post

secondary institution in Georgia.

TOTAL STATE FUNDS

$50,911

$50,911

$50,911

State General Funds

$50,911

$50,911

$50,911

TOTAL PUBLIC FUNDS

$50,911

$50,911

$50,911

THURSDAY, MARCH 23, 2006

2959

381. Law Enforcement Dependents Grant

Appropriation (HB1027)

The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement

officers, firefighters, and prison guards who were permanently disabled or killed in the line of duty, to attend an eligible

private or public post secondary

TOTAL STATE FUNDS

$50,911

$50,911

$50,911

State General Funds

$50,911

$50,911

$50,911

TOTAL PUBLIC FUNDS

$50,911

$50,911

$50,911

Leveraging Educational Assistance Partnership Program

Continuation Budget

The purpose is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need

to attend eligible post-secondary institutions in Georgia.

TOTAL STATE FUNDS

$966,757

$966,757

$966,757

State General Funds

$966,757

$966,757

$966,757

TOTAL FEDERAL FUNDS

$520,653

$520,653

$520,653

Federal Funds Not Itemized

$520,653

$520,653

$520,653

TOTAL PUBLIC FUNDS

$1,487,410

$1,487,410

$1,487,410

Changes in the Size of the Program

382.1 Add funds to properly reflect operating budget represented in HB1026.

Federal Funds Not Itemized

$1,481

382. Leveraging Educational Assistance Partnership Program

Appropriation (HB1027)

The purpose of this appropriation is to provide educational grant assistance to residents of Georgia who demonstrate

substantial financial need to attend eligible post-secondary institutions in Georgia.

TOTAL STATE FUNDS

$966,757

$966,757

$966,757

State General Funds

$966,757

$966,757

$966,757

TOTAL FEDERAL FUNDS

$520,653

$520,653

$522,134

Federal Funds Not Itemized

$520,653

$520,653

$522,134

TOTAL PUBLIC FUNDS

$1,487,410

$1,487,410

$1,488,891

North Georgia Military Scholarship Grants

Continuation Budget

The purpose is to provide outstanding students with a full scholarship to attend North Georgia College and State

University, thereby strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS

$683,951

$683,951

$683,951

State General Funds

$683,951

$683,951

$683,951

2960

JOURNAL OF THE SENATE

TOTAL PUBLIC FUNDS

$683,951

$683,951

$683,951

Changes in the Size of the Program

383.1 Increase to fund 118 additional students returning from military deployment.

Reserved Fund Balances Not Itemized

$1,010,402

$1,010,402

$1,010,402

383. North Georgia Military Scholarship Grants

Appropriation (HB1027)

The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College

and State University, thereby strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS

$683,951

$683,951

$683,951

State General Funds

$683,951

$683,951

$683,951

TOTAL AGENCY FUNDS

$1,010,402

$1,010,402

$1,010,402

Reserved Fund Balances

$1,010,402

$1,010,402

$1,010,402

Reserved Fund Balances Not Itemized

$1,010,402

$1,010,402

$1,010,402

TOTAL PUBLIC FUNDS

$1,694,353

$1,694,353

$1,694,353

North Georgia ROTC Grants

Continuation Budget

The purpose is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and

State University and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS

$432,479

$432,479

$432,479

State General Funds

$432,479

$432,479

$432,479

TOTAL PUBLIC FUNDS

$432,479

$432,479

$432,479

384. North Georgia ROTC Grants

Appropriation (HB1027)

The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North

Georgia College and State University and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS

$432,479

$432,479

$432,479

State General Funds

$432,479

$432,479

$432,479

TOTAL PUBLIC FUNDS

$432,479

$432,479

$432,479

Promise II Scholarship

Continuation Budget

The purpose is to assist paraprofessionals and instructional aides who worked in Georgia public schools throughout the

1999-2000 school year, by providing funds to assist with their educational expenses in the form of a service-obligation

scholarship.

TOTAL STATE FUNDS

$74,590

$74,590

$74,590

Lottery Proceeds

$74,590

$74,590

$74,590

THURSDAY, MARCH 23, 2006

2961

TOTAL PUBLIC FUNDS

$74,590

$74,590

$74,590

Changes in What Services are Offered

385.1 Eliminate remaining funds as part of planned phase out, and transfer funds to HOPE Scholarship-Public Schools

to provide for projected growth.

Lottery Proceeds

($74,590)

($74,590)

($74,590)

Promise Scholarship

Continuation Budget

The purpose is to provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia

public schools.

TOTAL STATE FUNDS

$5,855,278

$5,855,278

$5,855,278

Lottery Proceeds

$5,855,278

$5,855,278

$5,855,278

TOTAL PUBLIC FUNDS

$5,855,278

$5,855,278

$5,855,278

Changes to the Purpose or the Purpose Measure

386.1 SAC: The purpose of this appropriation is to provide service cancelable loans to students in their junior and senior

year who aspire to be teachers in Georgia public schools. The purpose will be measured by: the percentage repay

via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to

a student.

Lottery Proceeds

$0

386. Promise Scholarship

Appropriation (HB1027)

The purpose of this appropriation is to provide service cancelable loans to students in their junior and senior year who

aspire to be teachers in Georgia public schools. The purpose will be measured by: the percentage repay via service

cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student.

TOTAL STATE FUNDS

$5,855,278

$5,855,278

$5,855,278

Lottery Proceeds

$5,855,278

$5,855,278

$5,855,278

TOTAL PUBLIC FUNDS

$5,855,278

$5,855,278

$5,855,278

Public Memorial Safety Grant

Continuation Budget

The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters,

EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a

public post-secondary institution in the State of Georgia.

TOTAL STATE FUNDS

$255,850

$255,850

$255,850

Lottery Proceeds

$255,850

$255,850

$255,850

TOTAL PUBLIC FUNDS

$255,850

$255,850

$255,850

2962

JOURNAL OF THE SENATE

387. Public Memorial Safety Grant

Appropriation (HB1027)

The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement

officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of

duty, to attend a public post-secondary institution in the State of Georgia.

TOTAL STATE FUNDS

$255,850

$255,850

$255,850

Lottery Proceeds

$255,850

$255,850

$255,850

TOTAL PUBLIC FUNDS

$255,850

$255,850

$255,850

Teacher Scholarship

Continuation Budget

The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of

study.

TOTAL STATE FUNDS

$5,332,698

$5,332,698

$5,332,698

Lottery Proceeds

$5,332,698

$5,332,698

$5,332,698

TOTAL PUBLIC FUNDS

$5,332,698

$5,332,698

$5,332,698

Changes to the Purpose or the Purpose Measure

388.1 SAC: The purpose of this appropriation is to provide service cancelable loans to teachers seeking advanced

education degrees in critical shortage fields of study. The purpose will be measured by: the percentage repay via

service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a

student.

Lottery Proceeds

$0

388. Teacher Scholarship

Appropriation (HB1027)

The purpose of this appropriation is to provide service cancelable loans to teachers seeking advanced education degrees in

critical shortage fields of study. The purpose will be measured by: the percentage repay via service cancellation; the

percentage repay in cash; and the average administrative cost of making an award to a student.

TOTAL STATE FUNDS

$5,332,698

$5,332,698

$5,332,698

Lottery Proceeds

$5,332,698

$5,332,698

$5,332,698

TOTAL PUBLIC FUNDS

$5,332,698

$5,332,698

$5,332,698

Tuition Equalization Grants

Continuation Budget

The purpose is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to

Georgia residents who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$29,031,802

$29,031,802

$29,031,802

State General Funds

$29,031,802

$29,031,802

$29,031,802

THURSDAY, MARCH 23, 2006

2963

TOTAL PUBLIC FUNDS

$29,031,802

$29,031,802

$29,031,802

Changes in the Size of the Program

389.1 Provide funds to increase from $900 to $1,000 per award.

Reserved Fund Balances Not Itemized

$5,483,198

$5,483,198

$5,483,198

389.2 Reflect a reduction in demand.

State General Funds

($1,000,000)

($1,500,000)

389. Tuition Equalization Grants

Appropriation (HB1027)

The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-

repayable grant aid to Georgia residents who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$29,031,802

$28,031,802

$27,531,802

State General Funds

$29,031,802

$28,031,802

$27,531,802

TOTAL AGENCY FUNDS

$5,483,198

$5,483,198

$5,483,198

Reserved Fund Balances

$5,483,198

$5,483,198

$5,483,198

Reserved Fund Balances Not Itemized

$5,483,198

$5,483,198

$5,483,198

TOTAL PUBLIC FUNDS

$34,515,000

$33,515,000

$33,015,000

Nonpublic Postsecondary Education Commission

Continuation Budget

The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended

schools that closed; resolve complaints.

TOTAL STATE FUNDS

$645,204

$645,204

$645,204

State General Funds

$645,204

$645,204

$645,204

TOTAL PUBLIC FUNDS

$645,204

$645,204

$645,204

Statewide Changes

390.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$26,038

$26,038

$26,038

Changes to the Purpose or the Purpose Measure

390.2 SAC: The purpose of this appropriation is to collect student academic records from closed nonpublic

postsecondary educational institutions, and ensure that nonpublic postsecondary educational institutions are

educationally sound and financially stable. The purpose will be measured by: the number of student academic

records that are collected from closed educational institutions within 48 hours of announced closure; the number

of student academic record requests that are fulfilled within 10 working days; and the number of institutions that

meet academic and financial standards annually without remediation.

2964

JOURNAL OF THE SENATE

State General Funds

$0

390. Nonpublic Postsecondary Education Commission

Appropriation (HB1027)

The purpose of this appropriation is to collect student academic records from closed nonpublic postsecondary educational

institutions, and ensure that nonpublic postsecondary educational institutions are educationally sound and financially

stable. The purpose will be measured by: the number of student academic records that are collected from closed

educational institutions within 48 hours of announced closure; the number of student academic record requests that are

fulfilled within 10 working days; and the number of institutions that meet academic and financial standards annually

without remediation.

TOTAL STATE FUNDS

$671,242

$671,242

$671,242

State General Funds

$671,242

$671,242

$671,242

TOTAL PUBLIC FUNDS

$671,242

$671,242

$671,242

Section 44: Teachers' Retirement System

Section Total - Continuation

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,762,451

$22,762,451

$22,762,451

TOTAL PUBLIC FUNDS

$24,742,451

$24,742,451

$24,742,451

Section Total - Final

TOTAL STATE FUNDS

$3,903,200

$3,903,200

$3,903,200

State General Funds

$3,903,200

$3,903,200

$3,903,200

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,039,131

$22,039,131

$22,039,131

TOTAL PUBLIC FUNDS

$25,942,331

$25,942,331

$25,942,331

Floor/COLA, Local System Fund

Continuation Budget

The purpose is to provide retirees from local retirement systems a minimum allowance upon retirement and a post-

retirement benefit adjustment whenever such adjustment is granted to teachers who retired under the Teacher's Retirement

System.

TOTAL STATE FUNDS

$1,980,000

$1,980,000

$1,980,000

State General Funds

$1,980,000

$1,980,000

$1,980,000

TOTAL PUBLIC FUNDS

$1,980,000

$1,980,000

$1,980,000

Changes in the Size of the Program

391.1 Provide for a COLA for teacher retirees per HB400 passed in the 2005 session. (S:Introduced in the 2005 session

and passed in the 2006 session.)

THURSDAY, MARCH 23, 2006

2965

State General Funds

$2,143,200

$2,143,200

$2,143,200

391.2 Reduce funds to reflect the anticipated reduction in the number of eligible retirees.

State General Funds

($220,000)

($220,000)

($220,000)

391. Floor/COLA, Local System Fund

Appropriation (HB1027)

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon

retirement and a post-retirement benefit adjustment whenever such adjustment is granted to teachers who retired under the

Teacher's Retirement System.

TOTAL STATE FUNDS

$3,903,200

$3,903,200

$3,903,200

State General Funds

$3,903,200

$3,903,200

$3,903,200

TOTAL PUBLIC FUNDS

$3,903,200

$3,903,200

$3,903,200

System Administration

Continuation Budget

The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and

new retirement processing.

TOTAL STATE FUNDS

$0

$0

$0

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,762,451

$22,762,451

$22,762,451

Retirement Payments

$22,762,451

$22,762,451

$22,762,451

TOTAL PUBLIC FUNDS

$22,762,451

$22,762,451

$22,762,451

Statewide Changes

392.1 GTA, GBA, WC, COLA, SHBP and Annualizer

Retirement Payments

$296,680

$296,680

$296,680

One-Time Expense

392.2 Reduce funds to reflect anticipated costs.

Retirement Payments

($1,020,000)

($1,020,000)

($1,020,000)

392. System Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds,

retirement counseling, and new retirement processing.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$22,039,131

$22,039,131

$22,039,131

Retirement Payments

$22,039,131

$22,039,131

$22,039,131

TOTAL PUBLIC FUNDS

$22,039,131

$22,039,131

$22,039,131

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not

exceed 9.28% for state fiscal year 2006.

2966

JOURNAL OF THE SENATE

Section 45: Technical Education, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$320,577,801 $320,577,801 $320,577,801

State General Funds

$320,577,801 $320,577,801 $320,577,801

TOTAL FEDERAL FUNDS

$27,114,459

$27,114,459

$27,114,459

Federal Funds Not Itemized

$19,814,459

$19,814,459

$19,814,459

Temporary Assistance for Needy Families

$7,300,000

$7,300,000

$7,300,000

TOTAL AGENCY FUNDS

$55,932,658

$55,932,658

$55,932,658

Sales and Services

$55,932,658

$55,932,658

$55,932,658

TOTAL PUBLIC FUNDS

$403,624,918 $403,624,918 $403,624,918

Section Total - Final

TOTAL STATE FUNDS

$336,351,064 $335,788,064 $335,778,064

State General Funds

$336,351,064 $335,788,064 $335,778,064

TOTAL FEDERAL FUNDS

$27,114,459

$27,114,459

$27,114,459

Federal Funds Not Itemized

$19,814,459

$19,814,459

$19,814,459

Temporary Assistance for Needy Families

$7,300,000

$7,300,000

$7,300,000

TOTAL AGENCY FUNDS

$55,932,658

$55,932,658

$55,932,658

Sales and Services

$55,932,658

$55,932,658

$55,932,658

TOTAL PUBLIC FUNDS

$419,398,181 $418,835,181 $418,825,181

Adult Literacy

Continuation Budget

The purpose is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing,

computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and

exercise full citizenship.

TOTAL STATE FUNDS

$11,853,450

$11,853,450

$11,853,450

State General Funds

$11,853,450

$11,853,450

$11,853,450

TOTAL FEDERAL FUNDS

$10,021,333

$10,021,333

$10,021,333

Federal Funds Not Itemized

$7,021,333

$7,021,333

$7,021,333

Temporary Assistance for Needy Families

$3,000,000

$3,000,000

$3,000,000

Temporary Assistance for Needy Families Block Grant CFDA

$3,000,000

$3,000,000

$3,000,000

93.558

TOTAL AGENCY FUNDS

$1,121,886

$1,121,886

$1,121,886

Sales and Services

$1,121,886

$1,121,886

$1,121,886

THURSDAY, MARCH 23, 2006

2967

Sales and Services Not Itemized

$1,121,886

$1,121,886

$1,121,886

TOTAL PUBLIC FUNDS

$22,996,669

$22,996,669

$22,996,669

Statewide Changes

393.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$588,417

$588,417

$588,417

Changes in Operations / Administration

393.2 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$159,014

$159,014

$159,014

One-Time Expense

393.4 Provide funding for the Shirley Smith Community Learning Center in Catoosa County.

State General Funds

$500,000

$0

Changes in How the Program is Funded

393.5 Reflect $3,000,000 in base budget funds from Temporary Assistance for Needy Families from the Department of

Human Resources.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$0

Changes in the Size of the Program

393.3 Transfer funds to Administration in order to reflect the true cost of the programs.

State General Funds

($649,197)

($649,197)

($649,197)

Federal Funds Not Itemized

($351,807)

($351,807)

($351,807)

TOTAL PUBLIC FUNDS

($1,001,004)

($1,001,004)

($1,001,004)

393. Adult Literacy

Appropriation (HB1027)

The purpose of this appropriation is to enable every adult learner in Georgia to acquire the necessary basic skills --

reading, writing, computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family

foundations, and exercise full citizenship.

TOTAL STATE FUNDS

$11,951,684

$12,451,684

$11,951,684

State General Funds

$11,951,684

$12,451,684

$11,951,684

TOTAL FEDERAL FUNDS

$9,669,526

$9,669,526

$9,669,526

Federal Funds Not Itemized

$6,669,526

$6,669,526

$6,669,526

Temporary Assistance for Needy Families

$3,000,000

$3,000,000

$3,000,000

Temporary Assistance for Needy Families Block Grant CFDA

$3,000,000

$3,000,000

$3,000,000

93.558

2968

JOURNAL OF THE SENATE

TOTAL AGENCY FUNDS

$1,121,886

$1,121,886

$1,121,886

Sales and Services

$1,121,886

$1,121,886

$1,121,886

Sales and Services Not Itemized

$1,121,886

$1,121,886

$1,121,886

TOTAL PUBLIC FUNDS

$22,743,096

$23,243,096

$22,743,096

Departmental Administration

Continuation Budget

The purpose is to contribute to the economic, educational, and community development of Georgia by providing quality

technical education, adult literacy education, continuing education, and customized business and industry workforce

training to the citizens of Georgia.

TOTAL STATE FUNDS

$4,728,848

$4,728,848

$4,728,848

State General Funds

$4,728,848

$4,728,848

$4,728,848

TOTAL FEDERAL FUNDS

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families Block Grant CFDA

$800,000

$800,000

$800,000

93.558

TOTAL PUBLIC FUNDS

$5,528,848

$5,528,848

$5,528,848

Statewide Changes

394.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$371,941

$371,941

$371,941

Changes in Operations / Administration

394.2 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$414,434

$414,434

$414,434

Changes in How the Program is Funded

394.6 Reflect $800,000 in base budget funds from Temporary Assistance for Needy Families from the Department of

Human Resources.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$0

Changes in the Size of the Program

394.3 Transfer from Adult Literacy in order to reflect the true cost of the programs.

State General Funds

$649,197

$649,197

$649,197

Federal Funds Not Itemized

$351,807

$351,807

$351,807

TOTAL PUBLIC FUNDS

$1,001,004

$1,001,004

$1,001,004

THURSDAY, MARCH 23, 2006

2969

394.4 Transfer from Technical Education in order to reflect the true cost of the programs.

State General Funds

$3,190,979

$3,190,979

$3,190,979

Federal Funds Not Itemized

$1,707,981

$1,707,981

$1,707,981

TOTAL PUBLIC FUNDS

$4,898,960

$4,898,960

$4,898,960

394.5 Reduce funding by 2%.

State General Funds

($171,380)

($171,380)

($171,380)

394. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to contribute to the economic, educational, and community development of Georgia by

providing quality technical education, adult literacy education, continuing education, and customized business and industry

workforce training to the citizens of Georgia.

TOTAL STATE FUNDS

$9,184,019

$9,184,019

$9,184,019

State General Funds

$9,184,019

$9,184,019

$9,184,019

TOTAL FEDERAL FUNDS

$2,859,788

$2,859,788

$2,859,788

Federal Funds Not Itemized

$2,059,788

$2,059,788

$2,059,788

Temporary Assistance for Needy Families

$800,000

$800,000

$800,000

Temporary Assistance for Needy Families Block Grant CFDA

$800,000

$800,000

$800,000

93.558

TOTAL PUBLIC FUNDS

$12,043,807

$12,043,807

$12,043,807

Quick Start and Customized Services

Continuation Budget

The purpose is to provide a number of programs and services designed to assist businesses and industries with their

training needs.

TOTAL STATE FUNDS

$11,889,779

$11,889,779

$11,889,779

State General Funds

$11,889,779

$11,889,779

$11,889,779

TOTAL PUBLIC FUNDS

$11,889,779

$11,889,779

$11,889,779

Statewide Changes

395.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$351,841

$351,841

$351,841

Changes in Operations / Administration

395.2 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$372,280

$372,280

$372,280

2970

JOURNAL OF THE SENATE

395. Quick Start and Customized Services

Appropriation (HB1027)

The purpose of this appropriation is to provide a number of programs and services designed to assist businesses and

industries with their training needs.

TOTAL STATE FUNDS

$12,613,900

$12,613,900

$12,613,900

State General Funds

$12,613,900

$12,613,900

$12,613,900

TOTAL PUBLIC FUNDS

$12,613,900

$12,613,900

$12,613,900

Technical Education

Continuation Budget

The purpose is to provide quality technical education and special workforce services. The primary role is to ensure that all

programs and services excel in meeting the individual's need for career success and the community's need for continued

economic growth and development.

TOTAL STATE FUNDS

$292,105,724 $292,105,724 $292,105,724

State General Funds

$292,105,724 $292,105,724 $292,105,724

TOTAL FEDERAL FUNDS

$16,293,126

$16,293,126

$16,293,126

Federal Funds Not Itemized

$12,793,126

$12,793,126

$12,793,126

Temporary Assistance for Needy Families

$3,500,000

$3,500,000

$3,500,000

Temporary Assistance for Needy Families Block Grant CFDA

$3,500,000

$3,500,000

$3,500,000

93.558

TOTAL AGENCY FUNDS

$54,810,772

$54,810,772

$54,810,772

Sales and Services

$54,810,772

$54,810,772

$54,810,772

Sales and Services Not Itemized

$54,810,772

$54,810,772

$54,810,772

TOTAL PUBLIC FUNDS

$363,209,622 $363,209,622 $363,209,622

Statewide Changes

396.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$13,496,528

$13,496,528

$13,496,528

Changes in Operations / Administration

396.2 Redirect $7,500,000 in one-time funds for HVAC and roof repairs to compensate for an overstated payroll shift

reduction made in FY 2005. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

396.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005.

State General Funds

$190,188

$190,188

$190,188

One-Time Expense

THURSDAY, MARCH 23, 2006

2971

396.5 Provide funds for Augusta Technical College satellite campus in Columbia County.

State General Funds

$135,000

$0

Changes in How the Program is Funded

396.8 Reflect $3,500,000 in base budget funds from Temporary Assistance for Needy Families from the Department of

Human Resources.

Temporary Assistance for Needy Families Block Grant CFDA 93.558

$0

Changes in the Size of the Program

396.4 Transfer funds to Administration in order to reflect the true cost of the programs.

State General Funds

($3,190,979)

($3,190,979)

($3,190,979)

Federal Funds Not Itemized

($1,707,981)

($1,707,981)

($1,707,981)

TOTAL PUBLIC FUNDS

($4,898,960)

($4,898,960)

($4,898,960)

396.6 Reduce formula funding to reflect a decline in enrollment and credit hours.

State General Funds

($1,250,000)

($625,000)

396.7 Provide funding for a pest control certification testing program at Athens Technical College.

State General Funds

$52,000

$52,000

396. Technical Education

Appropriation (HB1027)

The purpose of this appropriation is to provide quality technical education and special workforce services. The primary

role is to ensure that all programs and services excel in meeting the individual's need for career success and the

community's need for continued economic growth and development.

TOTAL STATE FUNDS

$302,601,461 $301,538,461 $302,028,461

State General Funds

$302,601,461 $301,538,461 $302,028,461

TOTAL FEDERAL FUNDS

$14,585,145

$14,585,145

$14,585,145

Federal Funds Not Itemized

$11,085,145

$11,085,145

$11,085,145

Temporary Assistance for Needy Families

$3,500,000

$3,500,000

$3,500,000

Temporary Assistance for Needy Families Block Grant CFDA

$3,500,000

$3,500,000

$3,500,000

93.558

TOTAL AGENCY FUNDS

$54,810,772

$54,810,772

$54,810,772

Sales and Services

$54,810,772

$54,810,772

$54,810,772

Sales and Services Not Itemized

$54,810,772

$54,810,772

$54,810,772

TOTAL PUBLIC FUNDS

$371,997,378 $370,934,378 $371,424,378

2972

JOURNAL OF THE SENATE

Section 46: Transportation, Department of TOTAL STATE FUNDS
State Motor Fuel Funds State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205 FHA Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State Motor Fuel Funds State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Administration Planning & Construction
CFDA20.205 FHA Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS

Section Total - Continuation

$619,016,368 $619,016,368 $619,016,368

$604,380,000 $604,380,000 $604,380,000

$14,636,368

$14,636,368

$14,636,368

$1,118,858,431 $1,118,858,431 $1,118,858,431

$18,858,431

$18,858,431

$18,858,431

$742,116,038 $742,116,038 $742,116,038

$357,883,962 $357,883,962 $357,883,962

$30,516,747

$30,516,747

$30,516,747

$21,717,277

$21,717,277

$21,717,277

$760,233

$760,233

$760,233

$8,039,237

$8,039,237

$8,039,237

$657,795

$657,795

$657,795

$1,769,049,341 $1,769,049,341 $1,769,049,341
Section Total - Final

$663,851,462 $664,751,462 $664,831,462

$646,759,400 $646,759,400 $646,759,400

$17,092,062

$17,992,062

$18,072,062

$1,176,511,379 $1,176,511,379 $1,176,511,379

$24,629,445

$24,629,445

$24,629,445

$793,997,972 $793,997,972 $793,997,972

$357,883,962 $8,799,470 $760,233 $8,039,237 $657,795
$1,849,820,106

$357,883,962 $8,799,470 $760,233 $8,039,237 $657,795
$1,850,720,106

$357,883,962 $8,799,470 $760,233 $8,039,237 $657,795
$1,850,800,106

THURSDAY, MARCH 23, 2006

2973

Air Transportation

Continuation Budget

The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting

aerial photography flights.

TOTAL STATE FUNDS

$1,354,828

$1,354,828

$1,354,828

State General Funds

$1,354,828

$1,354,828

$1,354,828

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

Air Transportation Charges

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$2,012,623

$2,012,623

$2,012,623

Statewide Changes

397.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$48,707

$48,707

$48,707

One-Time Expense

397.2 Provide for aircraft inspections required by the Federal Aviation Administration for two KingAirs in the Air

Transportation program.

State General Funds

$92,000

$92,000

$92,000

397. Air Transportation

Appropriation (HB1027)

The purpose of this appropriation is to provide transportation to state officials and companies considering a move to

Georgia and conducting aerial photography flights.

TOTAL STATE FUNDS

$1,495,535

$1,495,535

$1,495,535

State General Funds

$1,495,535

$1,495,535

$1,495,535

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

Air Transportation Charges

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$2,153,330

$2,153,330

$2,153,330

Airport Aid

Continuation Budget

The purpose is to support statewide economic development by providing the infrastructure for a safe, efficient, and

adequate air transportation system and to award grants from the Airport Fund.

TOTAL STATE FUNDS

$5,459,409

$5,459,409

$5,459,409

State General Funds

$5,459,409

$5,459,409

$5,459,409

TOTAL FEDERAL FUNDS

$6,000,000

$6,000,000

$6,000,000

Federal Funds Not Itemized

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$11,459,409

$11,459,409

$11,459,409

2974

JOURNAL OF THE SENATE

Statewide Changes

398.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$11,508

$11,508

$11,508

Changes in the Size of the Program

398.2 Decrease funds to consolidate administrative functions.(H:NO)

State General Funds

($5,701)

$0

($5,701)

398.3 Increase funding to meet operating costs.(H:NO)

State General Funds

$12,200

$0

$12,200

398.4 Increase grant funding for the Airport Aid program to provide for needed maintenance and improvements at

Georgia's public airports.(H:YES;Transfer funds from Ports and Waterways($19,535), Rail($25,120), and

Transit($428,038) for grant funding; Transfer operating cost from Administration($4,716), Airport Aid ($12,200),

Data Collection, Compliance and Reporting ($53,162) and Rail($7,000) programs to Airport Aid grant funding)

State General Funds

$664,179

$1,213,950

$664,179

398.5 Realign funds to meet projected expenditures.

State General Funds

($63,620)

($63,620)

($63,620)

398. Airport Aid

Appropriation (HB1027)

The purpose of this appropriation is to support statewide economic development by providing the infrastructure for a safe,

efficient, and adequate air transportation system and to award grants from the Airport Fund.

TOTAL STATE FUNDS

$6,077,975

$6,621,247

$6,077,975

State General Funds

$6,077,975

$6,621,247

$6,077,975

TOTAL FEDERAL FUNDS

$6,000,000

$6,000,000

$6,000,000

Federal Funds Not Itemized

$6,000,000

$6,000,000

$6,000,000

TOTAL PUBLIC FUNDS

$12,077,975

$12,621,247

$12,077,975

Data Collection, Compliance and Reporting

Continuation Budget

The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe

that meets the needs of the state's business partners.

TOTAL STATE FUNDS

$2,396,794

$2,396,794

$2,396,794

State Motor Fuel Funds

$1,581,031

$1,581,031

$1,581,031

State General Funds

$815,763

$815,763

$815,763

TOTAL FEDERAL FUNDS

$3,784,538

$3,784,538

$3,784,538

THURSDAY, MARCH 23, 2006

2975

Federal Highway Administration Planning & Construction

$3,784,538

$3,784,538

$3,784,538

CFDA20.205

TOTAL AGENCY FUNDS

$115,101

$115,101

$115,101

Reserved Fund Balances

$52,844

$52,844

$52,844

Reserved Fund Balances Not Itemized

$52,844

$52,844

$52,844

Sales and Services

$62,257

$62,257

$62,257

Sales and Services Not Itemized

$62,257

$62,257

$62,257

TOTAL PUBLIC FUNDS

$6,296,433

$6,296,433

$6,296,433

Statewide Changes

399.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State Motor Fuel Funds

$179,875

$179,875

$179,875

State General Funds

$26,705

$26,705

$26,705

TOTAL PUBLIC FUNDS

$206,580

$206,580

$206,580

Changes in How the Program is Funded

399.2 Replace prior-year motor fuel funds with current-year motor fuel funds.

State Motor Fuel Funds

$52,844

$52,844

$52,844

Reserved Fund Balances Not Itemized

($52,844)

($52,844)

($52,844)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

399.3 Increase funding to meet operating costs.(H:Remove added funds and place in Airport Aid)

State General Funds

$53,162

$0

$53,162

399.4 Realign funds to meet projected expenditures and complete the consolidation of the materials and research office.

State Motor Fuel Funds

$996,548

$996,548

$996,548

Federal Highway Administration Planning & Construction

$2,572,613

$2,572,613

$2,572,613

CFDA20.205

TOTAL PUBLIC FUNDS

$3,569,161

$3,569,161

$3,569,161

399.5 Increase Federal Highway Administration funds and the associated state match.

State Motor Fuel Funds

$394,933

$394,933

$394,933

Federal Highway Administration Planning & Construction

$1,799,140

$1,799,140

$1,799,140

CFDA20.205

TOTAL PUBLIC FUNDS

$2,194,073

$2,194,073

$2,194,073

2976

JOURNAL OF THE SENATE

399.6 Transfer funds to comply with Section 56 of HB 85.

State Motor Fuel Funds

$47,047

$47,047

$47,047

Federal Highway Administration Planning & Construction

$113,966

$113,966

$113,966

CFDA20.205

TOTAL PUBLIC FUNDS

$161,013

$161,013

$161,013

399. Data Collection, Compliance and Reporting

Appropriation (HB1027)

The purpose of this appropriation is to provide quality transportation data products in the appropriate format within an

acceptable timeframe that meets the needs of the state's business partners.

TOTAL STATE FUNDS

$4,147,908

$4,094,746

$4,147,908

State Motor Fuel Funds

$3,252,278

$3,252,278

$3,252,278

State General Funds

$895,630

$842,468

$895,630

TOTAL FEDERAL FUNDS

$8,270,257

$8,270,257

$8,270,257

Federal Highway Administration Planning & Construction

$8,270,257

$8,270,257

$8,270,257

CFDA20.205

TOTAL AGENCY FUNDS

$62,257

$62,257

$62,257

Sales and Services

$62,257

$62,257

$62,257

Sales and Services Not Itemized

$62,257

$62,257

$62,257

TOTAL PUBLIC FUNDS

$12,480,422

$12,427,260

$12,480,422

Departmental Administration

Continuation Budget

The purpose is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial

support for other modes of transportation such as mass transit and airports; provide airport and air safety planning; and

provide air travel to state departments.

TOTAL STATE FUNDS

$41,568,294

$41,568,294

$41,568,294

State Motor Fuel Funds

$41,468,294

$41,468,294

$41,468,294

State General Funds

$100,000

$100,000

$100,000

TOTAL FEDERAL FUNDS

$9,533,343

$9,533,343

$9,533,343

FHA Planning & Construction CFDA20.205

$9,533,343

$9,533,343

$9,533,343

TOTAL AGENCY FUNDS

$2,304,236

$2,304,236

$2,304,236

Reserved Fund Balances

$1,405,266

$1,405,266

$1,405,266

Reserved Fund Balances Not Itemized

$1,405,266

$1,405,266

$1,405,266

Sales and Services

$898,970

$898,970

$898,970

THURSDAY, MARCH 23, 2006

2977

Sales and Services Not Itemized

$898,970

$898,970

$898,970

TOTAL PUBLIC FUNDS

$53,405,873

$53,405,873

$53,405,873

Statewide Changes

400.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State Motor Fuel Funds

$1,810,384

$1,810,384

$1,810,384

State General Funds

$16,051

$16,051

$16,051

TOTAL PUBLIC FUNDS

$1,826,435

$1,826,435

$1,826,435

One-Time Expense

400.2 Delete one-time funding for the I-3 and I-4 Interstate Highway Association study.

State General Funds

($100,000)

($100,000)

($100,000)

Changes in How the Program is Funded

400.3 Replace prior-year motor fuel funds with current-year motor fuel funds.

State Motor Fuel Funds

$1,405,266

$1,405,266

$1,405,266

Reserved Fund Balances Not Itemized

($1,405,266)

($1,405,266)

($1,405,266)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

400.4 Increase funds to consolidate administrative functions.(H:NO)

State General Funds

$478,394

$0

$478,394

400.5 Increase funding to meet operating costs.(H:Remove added funds and place in Airport Aid)

State General Funds

$4,716

$0

$4,716

400.6 Realign funds to meet projected expenditures and complete the consolidation of the materials and research office.

State Motor Fuel Funds

$14,728,402

$14,728,402

$14,728,402

State General Funds

($1,553)

($1,553)

($1,553)

Federal Highway Administration Planning & Construction

$221,388

$221,388

$221,388

CFDA20.205

Sales and Services Not Itemized

$94,195

$94,195

$94,195

TOTAL PUBLIC FUNDS

$15,042,432

$15,042,432

$15,042,432

400.7 Transfer funds to comply with Section 56 of HB 85.

State Motor Fuel Funds

($179,495)

($179,495)

($179,495)

Federal Highway Administration Planning & Construction

($221,388)

($221,388)

($221,388)

CFDA20.205

2978

JOURNAL OF THE SENATE

Sales and Services Not Itemized

($94,195)

($94,195)

($94,195)

TOTAL PUBLIC FUNDS

($495,078)

($495,078)

($495,078)

400. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide

planning and financial support for other modes of transportation such as mass transit and airports; provide airport and air

safety planning; and provide air travel to state departments.

TOTAL STATE FUNDS

$59,730,459

$59,247,349

$59,730,459

State Motor Fuel Funds

$59,232,851

$59,232,851

$59,232,851

State General Funds

$497,608

$14,498

$497,608

TOTAL FEDERAL FUNDS

$9,533,343

$9,533,343

$9,533,343

FHA Planning & Construction CFDA20.205

$9,533,343

$9,533,343

$9,533,343

TOTAL AGENCY FUNDS

$898,970

$898,970

$898,970

Sales and Services

$898,970

$898,970

$898,970

Sales and Services Not Itemized

$898,970

$898,970

$898,970

TOTAL PUBLIC FUNDS

$70,162,772

$69,679,662

$70,162,772

Local Road Assistance

Continuation Budget

The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge,

and street systems.

TOTAL STATE FUNDS

$88,634,898

$88,634,898

$88,634,898

State Motor Fuel Funds

$88,634,898

$88,634,898

$88,634,898

State General Funds

$0

$0

$0

TOTAL FEDERAL FUNDS

$67,429,038

$67,429,038

$67,429,038

Federal Highway Administration Planning & Construction

$57,621,265

$57,621,265

$57,621,265

CFDA20.205

FHA Planning & Construction CFDA20.205

$9,807,773

$9,807,773

$9,807,773

TOTAL AGENCY FUNDS

$3,584,325

$3,584,325

$3,584,325

Reserved Fund Balances

$2,989,092

$2,989,092

$2,989,092

Reserved Fund Balances Not Itemized

$2,989,092

$2,989,092

$2,989,092

Intergovernmental Transfers

$595,233

$595,233

$595,233

Intergovernmental Transfers Not Itemized

$595,233

$595,233

$595,233

TOTAL PUBLIC FUNDS

$159,648,261 $159,648,261 $159,648,261

THURSDAY, MARCH 23, 2006

2979

Statewide Changes

401.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State Motor Fuel Funds

$974,095

$974,095

$974,095

One-Time Expense

401.7 Provide signage for tourism for the Northeast Georgia Mountains

State Motor Fuel Funds

$100,000

Changes in How the Program is Funded

401.2 Replace prior-year motor fuel funds with current-year motor fuel funds.

State Motor Fuel Funds

$2,989,092

$2,989,092

$2,989,092

Reserved Fund Balances Not Itemized

($2,989,092)

($2,989,092)

($2,989,092)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

401.3 Transfer funds to comply with Section 56 of HB 85.

State Motor Fuel Funds

$130,024

$130,024

$130,024

Federal Highway Administration Planning & Construction

$50,439

$50,439

$50,439

CFDA20.205

Sales and Services Not Itemized

$94,195

$94,195

$94,195

TOTAL PUBLIC FUNDS

$274,658

$274,658

$274,658

401.4 Increase Federal Highway Administration funds and the associated state match.

State Motor Fuel Funds

$489,432

$489,432

$489,432

Federal Highway Administration Planning & Construction

$2,229,632

$2,229,632

$2,229,632

CFDA20.205

FHA Planning & Construction CFDA20.205

$0

$0

$0

TOTAL PUBLIC FUNDS

$2,719,064

$2,719,064

$2,719,064

401.5 Realign funds to meet projected expenditures and complete the consolidation of the materials and research office.

State Motor Fuel Funds

$1,934,082

$1,934,082

$1,934,082

Federal Highway Administration Planning & Construction

($50,439)

($50,439)

($50,439)

CFDA20.205

Sales and Services Not Itemized

($94,195)

($94,195)

($94,195)

TOTAL PUBLIC FUNDS

$1,789,448

$1,789,448

$1,789,448

2980

JOURNAL OF THE SENATE

401.6 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program

(LARP), state fund construction/off-system and state fund construction/most-needed.(H:Provide $8,000,000 in

additional funding to LARP)(S:Governor's position)

State Motor Fuel Funds

$47,287,266

$55,287,266

$47,287,266

401. Local Road Assistance

Appropriation (HB1027)

The purpose of this appropriation is for contracts with local governments to assist in the construction and reconstruction of

their road, bridge, and street systems.

TOTAL STATE FUNDS

$142,438,889 $150,438,889 $142,538,889

State Motor Fuel Funds

$142,438,889 $150,438,889 $142,538,889

TOTAL FEDERAL FUNDS

$69,658,670

$69,658,670

$69,658,670

Federal Highway Administration Planning & Construction

$59,850,897

$59,850,897

$59,850,897

CFDA20.205

FHA Planning & Construction CFDA20.205

$9,807,773

$9,807,773

$9,807,773

TOTAL AGENCY FUNDS

$595,233

$595,233

$595,233

Intergovernmental Transfers

$595,233

$595,233

$595,233

Intergovernmental Transfers Not Itemized

$595,233

$595,233

$595,233

TOTAL PUBLIC FUNDS

$212,692,792 $220,692,792 $212,792,792

Ports and Waterways

Continuation Budget

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to

promote international trade.

TOTAL STATE FUNDS

$1,119,230

$1,119,230

$1,119,230

State General Funds

$1,119,230

$1,119,230

$1,119,230

TOTAL PUBLIC FUNDS

$1,119,230

$1,119,230

$1,119,230

Statewide Changes

402.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$7,094

$7,094

$7,094

One-Time Expense

402.2 Reduce funding for the maintenance of state-owned dredge spoils and mosquito control.

State General Funds

($305,000)

($305,000)

$0

THURSDAY, MARCH 23, 2006

2981

Changes in the Size of the Program

402.3 Decrease funds to consolidate administrative functions in Departmental Administration.(H:Decrease funds and

add to Airport Aid)(S:Decrease funds to consolidate administrative functions in Departmental Administration)

State General Funds

($19,535)

($19,535)

($19,535)

402.4 Provide funds for South Carolina's projected property tax increase for department-owned land in Jasper County,

South Carolina.

State General Funds

$109,000

$109,000

$109,000

402.5 Realign funds to meet projected expenditures.

State General Funds

($55,006)

($55,006)

($55,006)

402. Ports and Waterways

Appropriation (HB1027)

The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep

water ports to promote international trade.

TOTAL STATE FUNDS

$855,783

$855,783

$1,160,783

State General Funds

$855,783

$855,783

$1,160,783

TOTAL PUBLIC FUNDS

$855,783

$855,783

$1,160,783

Rail

Continuation Budget

The purpose is to oversee the construction, financing, operation, and development of rail passenger, freight service, and

other public transportation project within and without the state of Georgia.

TOTAL STATE FUNDS

$657,658

$657,658

$657,658

State General Funds

$657,658

$657,658

$657,658

TOTAL PUBLIC FUNDS

$657,658

$657,658

$657,658

Statewide Changes

403.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$10,794

$10,794

$10,794

One-Time Expense

403.2 Eliminate one-time funding for the Atlanta-to-Charlotte high-speed rail study.

State General Funds

($203,500)

($203,500)

($203,500)

403.9 Provide funds for the St. Mary's railroad.(S:Fund priority three within the department's rail project list for the

Rossville to Summerville railroad($600,000).

State General Funds

$1,100,000

$600,000

2982

JOURNAL OF THE SENATE

Changes in the Size of the Program

403.3 Decrease funds to consolidate administrative functions in Departmental Administration.(H:Decrease funds and

add to Airport Aid)(S:Decrease funds to consolidate administrative functions in Departmental Administration)

State General Funds

($25,120)

($25,120)

($25,120)

403.4 Realign funds to meet projected expenditures.

State General Funds

($98,263)

($98,263)

($98,263)

403.5 Provide funding for implementation plan for freight and passenger rail modernization along Interstate 85 freight

corridor.

State General Funds

$75,000

403.6 Increase funding to meet operating costs.(H:Remove added funds and place in Airport Aid)

State General Funds

$7,000

$0

$7,000

403.7 Reduce funding for the Georgia Rail Passenger Authority contract.

State General Funds

($32,200)

($32,200)

($32,200)

403.8 Reduce Rail Program funding.

State General Funds

($200,000)

$0

403. Rail

Appropriation (HB1027)

The purpose of this appropriation is to oversee the construction, financing, operation, and development of rail passenger,

freight service, and other public transportation projects within and without the state of Georgia.

TOTAL STATE FUNDS

$316,369

$1,209,369

$991,369

State General Funds

$316,369

$1,209,369

$991,369

TOTAL PUBLIC FUNDS

$316,369

$1,209,369

$991,369

State Highway System Construction and Improvement

Continuation Budget

The purpose is to ensure a safe and efficient transportation system.

TOTAL STATE FUNDS

$223,494,656 $223,494,656 $223,494,656

State Motor Fuel Funds

$223,494,656 $223,494,656 $223,494,656

State General Funds

$0

$0

$0

TOTAL FEDERAL FUNDS

$846,325,475 $846,325,475 $846,325,475

Federal Highway Administration Planning & Construction

$507,782,629 $507,782,629 $507,782,629

CFDA20.205

FHA Planning & Construction CFDA20.205

$338,542,846 $338,542,846 $338,542,846

TOTAL AGENCY FUNDS

$10,569,488

$10,569,488

$10,569,488

THURSDAY, MARCH 23, 2006

2983

Reserved Fund Balances

$10,404,488

$10,404,488

$10,404,488

Reserved Fund Balances Not Itemized

$10,404,488

$10,404,488

$10,404,488

Intergovernmental Transfers

$165,000

$165,000

$165,000

Intergovernmental Transfers Not Itemized

$165,000

$165,000

$165,000

TOTAL PUBLIC FUNDS

$1,080,389,619 $1,080,389,619 $1,080,389,619

Statewide Changes

404.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State Motor Fuel Funds

$3,093,717

$3,093,717

$3,093,717

Changes in Operations / Administration

404.2 Restore funds used to fund the first six months of the FY 2006 pay raise.

State Motor Fuel Funds

$998,499

$998,499

$998,499

Changes in How the Program is Funded

404.3 Provide funding for the construction of a new District 2 office building in Tennille, Washington

County.(H:Transfer funds to LARP and use existing funds for construction.)(S:Provide funding for the District 6

shop in Cartersville, Bartow County($5,650,000), maintenance at the District 5 facility in Woodbine, Camden

County($500,000), District 3 office in LaGrange, Troup County($750,000), maintenance at the District 5 facility in

McRae, Telfair County($500,000), and District 1 Gainesville Branch Lab($500,000))

State Motor Fuel Funds

$8,000,000

$0

$7,900,000

404.4 Replace prior-year motor fuel funds with current-year motor fuel funds.

State Motor Fuel Funds

$10,404,488

$10,404,488

$10,404,488

Reserved Fund Balances Not Itemized

($10,404,488) ($10,404,488) ($10,404,488)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

404.5 Realign funds to meet projected expenditures.

State Motor Fuel Funds

($7,780,626)

($7,780,626)

($7,780,626)

Federal Highway Administration Planning & Construction

($7,989,611)

($7,989,611)

($7,989,611)

CFDA20.205

FHA Planning & Construction CFDA20.205

$0

$0

$0

TOTAL PUBLIC FUNDS

($15,770,237) ($15,770,237) ($15,770,237)

404.6 Increase funds from the Federal Highway Administration and provide the associated state match.

State Motor Fuel Funds

($51,057,091) ($51,057,091) ($51,057,091)

2984

JOURNAL OF THE SENATE

Federal Highway Administration Planning & Construction

$37,422,372

$37,422,372

$37,422,372

CFDA20.205

FHA Planning & Construction CFDA20.205

$0

$0

$0

TOTAL PUBLIC FUNDS

($13,634,719) ($13,634,719) ($13,634,719)

404.7 Transfer funds to comply with Section 56 of HB 85.

State Motor Fuel Funds

($47,047)

($47,047)

($47,047)

Federal Highway Administration Planning & Construction

($113,966)

($113,966)

($113,966)

CFDA20.205

TOTAL PUBLIC FUNDS

($161,013)

($161,013)

($161,013)

404.8 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program, state

fund construction/off-system, and state fund construction/most-needed.

State Motor Fuel Funds

$6,566,533

$6,566,533

$6,566,533

404. State Highway System Construction and Improvement

Appropriation (HB1027)

The purpose of this appropriation is to ensure a safe and efficient transportation system.

TOTAL STATE FUNDS

$193,673,129 $185,673,129 $193,573,129

State Motor Fuel Funds

$193,673,129 $185,673,129 $193,573,129

TOTAL FEDERAL FUNDS

$875,644,270 $875,644,270 $875,644,270

Federal Highway Administration Planning & Construction

$537,101,424 $537,101,424 $537,101,424

CFDA20.205

FHA Planning & Construction CFDA20.205

$338,542,846 $338,542,846 $338,542,846

TOTAL AGENCY FUNDS

$165,000

$165,000

$165,000

Intergovernmental Transfers

$165,000

$165,000

$165,000

Intergovernmental Transfers Not Itemized

$165,000

$165,000

$165,000

TOTAL PUBLIC FUNDS

$1,069,482,399 $1,061,482,399 $1,069,382,399

State Highway System Maintenance

Continuation Budget

The purpose is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS

$177,960,168 $177,960,168 $177,960,168

State Motor Fuel Funds

$177,960,168 $177,960,168 $177,960,168

TOTAL FEDERAL FUNDS

$148,458,050 $148,458,050 $148,458,050

Federal Highway Administration Planning & Construction

$148,458,050 $148,458,050 $148,458,050

CFDA20.205

THURSDAY, MARCH 23, 2006

2985

TOTAL AGENCY FUNDS

$9,336,571

$9,336,571

$9,336,571

Reserved Fund Balances

$6,286,801

$6,286,801

$6,286,801

Reserved Fund Balances Not Itemized

$6,286,801

$6,286,801

$6,286,801

Sales and Services

$3,049,770

$3,049,770

$3,049,770

Sales and Services Not Itemized

$3,049,770

$3,049,770

$3,049,770

TOTAL PUBLIC FUNDS

$335,754,789 $335,754,789 $335,754,789

Statewide Changes

405.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State Motor Fuel Funds

$3,960,269

$3,960,269

$3,960,269

Changes in Operations / Administration

405.2 Restore funds used to fund the first 6 months of the FY 2006 pay raise.

State Motor Fuel Funds

$1,700,709

$1,700,709

$1,700,709

Changes in How the Program is Funded

405.3 Replace prior-year motor fuel funds with current-year motor fuel funds.

State Motor Fuel Funds

$6,286,801

$6,286,801

$6,286,801

Reserved Fund Balances Not Itemized

($6,286,801)

($6,286,801)

($6,286,801)

TOTAL PUBLIC FUNDS

$0

$0

$0

Changes in the Size of the Program

405.4 Realign funds to meet projected expenditures.

State Motor Fuel Funds

($12,462,568) ($12,462,568) ($12,462,568)

Federal Highway Administration Planning & Construction

($127,592)

($127,592)

($127,592)

CFDA20.205

TOTAL PUBLIC FUNDS

($12,590,160) ($12,590,160) ($12,590,160)

405.5 Increase Federal Highway Administration funds and the associated state match.

State Motor Fuel Funds

$1,048,037

$1,048,037

$1,048,037

Federal Highway Administration Planning & Construction

$4,774,394

$4,774,394

$4,774,394

CFDA20.205

TOTAL PUBLIC FUNDS

$5,822,431

$5,822,431

$5,822,431

405. State Highway System Maintenance

Appropriation (HB1027)

The purpose of this appropriation is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS

$178,493,416 $178,493,416 $178,493,416

2986

JOURNAL OF THE SENATE

State Motor Fuel Funds

$178,493,416 $178,493,416 $178,493,416

TOTAL FEDERAL FUNDS

$153,104,852 $153,104,852 $153,104,852

Federal Highway Administration Planning & Construction

$153,104,852 $153,104,852 $153,104,852

CFDA20.205

TOTAL AGENCY FUNDS

$3,049,770

$3,049,770

$3,049,770

Sales and Services

$3,049,770

$3,049,770

$3,049,770

Sales and Services Not Itemized

$3,049,770

$3,049,770

$3,049,770

TOTAL PUBLIC FUNDS

$334,648,038 $334,648,038 $334,648,038

State Highway System Operations

Continuation Budget

The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

TOTAL STATE FUNDS

$17,240,493

$17,240,493

$17,240,493

State Motor Fuel Funds

$17,240,493

$17,240,493

$17,240,493

TOTAL FEDERAL FUNDS

$24,469,556

$24,469,556

$24,469,556

Federal Highway Administration Planning & Construction

$24,469,556

$24,469,556

$24,469,556

CFDA20.205

TOTAL AGENCY FUNDS

$4,605,026

$4,605,026

$4,605,026

Reserved Fund Balances

$578,786

$578,786

$578,786

Reserved Fund Balances Not Itemized

$578,786

$578,786

$578,786

Sales and Services

$4,026,240

$4,026,240

$4,026,240

Sales and Services Not Itemized

$4,026,240

$4,026,240

$4,026,240

TOTAL PUBLIC FUNDS

$46,315,075

$46,315,075

$46,315,075

Statewide Changes

406.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State Motor Fuel Funds

$975,424

$975,424

$975,424

Changes in How the Program is Funded

406.2 Replace prior-year motor fuel funds with current-year motor fuel funds.

State Motor Fuel Funds

$578,786

$578,786

$578,786

Reserved Fund Balances Not Itemized

($578,786)

($578,786)

($578,786)

TOTAL PUBLIC FUNDS

$0

$0

$0

THURSDAY, MARCH 23, 2006

2987

Changes in the Size of the Program

406.3 Increase Federal Highway Administration funds and the associated state match.

State Motor Fuel Funds

$1,241,648

$1,241,648

$1,241,648

Federal Highway Administration Planning & Construction

$5,656,396

$5,656,396

$5,656,396

CFDA20.205

TOTAL PUBLIC FUNDS

$6,898,044

$6,898,044

$6,898,044

406.4 Realign funds to meet projected expenditures and complete the consolidation of the materials and research office.

State Motor Fuel Funds

$2,584,162

$2,584,162

$2,584,162

Federal Highway Administration Planning & Construction

$5,373,641

$5,373,641

$5,373,641

CFDA20.205

TOTAL PUBLIC FUNDS

$7,957,803

$7,957,803

$7,957,803

406.5 Transfer funds to comply with Section 56 of HB 85.

State Motor Fuel Funds

$49,471

$49,471

$49,471

Federal Highway Administration Planning & Construction

$170,949

$170,949

$170,949

CFDA20.205

TOTAL PUBLIC FUNDS

$220,420

$220,420

$220,420

406. State Highway System Operations

Appropriation (HB1027)

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering

and traffic management.

TOTAL STATE FUNDS

$22,669,984

$22,669,984

$22,669,984

State Motor Fuel Funds

$22,669,984

$22,669,984

$22,669,984

TOTAL FEDERAL FUNDS

$35,670,542

$35,670,542

$35,670,542

Federal Highway Administration Planning & Construction

$35,670,542

$35,670,542

$35,670,542

CFDA20.205

TOTAL AGENCY FUNDS

$4,026,240

$4,026,240

$4,026,240

Sales and Services

$4,026,240

$4,026,240

$4,026,240

Sales and Services Not Itemized

$4,026,240

$4,026,240

$4,026,240

TOTAL PUBLIC FUNDS

$62,366,766

$62,366,766

$62,366,766

Transit

Continuation Budget

The purpose is to preserve and enhance the state's urban and rural public transit programs by providing financial and

technical assistance to Georgia's transit systems.

2988

JOURNAL OF THE SENATE

TOTAL STATE FUNDS

$5,129,480

$5,129,480

$5,129,480

State General Funds

$5,129,480

$5,129,480

$5,129,480

TOTAL FEDERAL FUNDS

$12,858,431

$12,858,431

$12,858,431

Federal Funds Not Itemized

$12,858,431

$12,858,431

$12,858,431

TOTAL AGENCY FUNDS

$2,000

$2,000

$2,000

Sales and Services

$2,000

$2,000

$2,000

Sales and Services Not Itemized

$2,000

$2,000

$2,000

TOTAL PUBLIC FUNDS

$17,989,911

$17,989,911

$17,989,911

Statewide Changes

407.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$13,278

$13,278

$13,278

Changes in the Size of the Program

407.2 Provide funding for the transit program to cover a cost increase in the rail safety oversight contract.

State General Funds

$20,000

$20,000

$20,000

407.3 Decrease funds to consolidate administrative functions in Departmental Administration.(H:Decrease funds and

add to Airport Aid)(S:Decrease funds to consolidate administrative functions in Departmental Administration)

State General Funds

($428,038)

($428,038)

($428,038)

407.4 Increase funding for mass transit grants leveraging additional local and federal funds.

State General Funds

$2,000,000

$2,000,000

$2,000,000

407.5 Increase Federal Transit Agency funds.

Federal Funds Not Itemized

$5,771,014

$5,771,014

$5,771,014

407.6 Realign funds to meet projected expenditures.

State General Funds

$218,442

$218,442

$218,442

407. Transit

Appropriation (HB1027)

The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by

providing financial and technical assistance to Georgia's transit systems.

TOTAL STATE FUNDS

$6,953,162

$6,953,162

$6,953,162

State General Funds

$6,953,162

$6,953,162

$6,953,162

TOTAL FEDERAL FUNDS

$18,629,445

$18,629,445

$18,629,445

Federal Funds Not Itemized

$18,629,445

$18,629,445

$18,629,445

TOTAL AGENCY FUNDS

$2,000

$2,000

$2,000

THURSDAY, MARCH 23, 2006

2989

Sales and Services

$2,000

$2,000

$2,000

Sales and Services Not Itemized

$2,000

$2,000

$2,000

TOTAL PUBLIC FUNDS

$25,584,607

$25,584,607

$25,584,607

Payments to the State Road and Tollway Authority

Continuation Budget

The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on

Guaranteed Revenue Bonds.

TOTAL STATE FUNDS

$54,000,460

$54,000,460

$54,000,460

State Motor Fuel Funds

$54,000,460

$54,000,460

$54,000,460

State General Funds

$0

$0

$0

TOTAL PUBLIC FUNDS

$54,000,460

$54,000,460

$54,000,460

Statewide Changes

408.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$0

$0

$0

Changes in Operations / Administration

408.2 Decrease payments from $54,000,460 to $53,998,892 to reflect the current debt service payment schedule.

State Motor Fuel Funds

($7,001,607)

($7,001,607)

($7,001,607)

408. Payments to the State Road and Tollway Authority

Appropriation (HB1027)

The purpose of this appropriation is to provide funds through State Road and Tollway Authority for Bond Trustees for debt

service payments on Guaranteed Revenue Bonds.

TOTAL STATE FUNDS

$46,998,853

$46,998,853

$46,998,853

State Motor Fuel Funds

$46,998,853

$46,998,853

$46,998,853

TOTAL PUBLIC FUNDS

$46,998,853

$46,998,853

$46,998,853

It is the intent of this General Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

2990

JOURNAL OF THE SENATE

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation

service income may be retained to maintain and upgrade the quality of air transportation equipment.

Section 47: Veterans Service, Department of

Section Total - Continuation

TOTAL STATE FUNDS

$21,340,355

$21,340,355

$21,340,355

State General Funds

$21,340,355

$21,340,355

$21,340,355

TOTAL FEDERAL FUNDS

$10,984,151

$10,984,151

$10,984,151

Federal Funds Not Itemized

$10,984,151

$10,984,151

$10,984,151

TOTAL PUBLIC FUNDS

$32,324,506

$32,324,506

$32,324,506

Section Total - Final

TOTAL STATE FUNDS

$22,545,033

$22,895,033

$22,945,033

State General Funds

$22,545,033

$22,895,033

$22,945,033

TOTAL FEDERAL FUNDS

$10,989,011

$10,989,011

$10,989,011

Federal Funds Not Itemized

$10,989,011

$10,989,011

$10,989,011

TOTAL PUBLIC FUNDS

$33,534,044

$33,884,044

$33,934,044

Departmental Administration

Continuation Budget

The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public

information, personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS

$676,034

$676,034

$676,034

THURSDAY, MARCH 23, 2006

2991

State General Funds

$676,034

$676,034

$676,034

TOTAL FEDERAL FUNDS

$79,875

$79,875

$79,875

Federal Funds Not Itemized

$79,875

$79,875

$79,875

TOTAL PUBLIC FUNDS

$755,909

$755,909

$755,909

Statewide Changes

409.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$27,469

$27,469

$27,469

Federal Funds Not Itemized

$1,494

$1,494

$1,494

TOTAL PUBLIC FUNDS

$28,963

$28,963

$28,963

Changes in the Size of the Program

409.2 Realign funds from Administration to Field Operations to properly reflect planned expenditures.

State General Funds

($38,879)

($38,879)

($38,879)

409. Departmental Administration

Appropriation (HB1027)

The purpose of this appropriation is to coordinate, manage and supervise all aspects of department operations to include

financial, public information, personnel, accounting, purchasing, supply, mail, records management, and information

technology.

TOTAL STATE FUNDS

$664,624

$664,624

$664,624

State General Funds

$664,624

$664,624

$664,624

TOTAL FEDERAL FUNDS

$81,369

$81,369

$81,369

Federal Funds Not Itemized

$81,369

$81,369

$81,369

TOTAL PUBLIC FUNDS

$745,993

$745,993

$745,993

Georgia Veterans Memorial Cemetery

Continuation Budget

The purpose is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the

military service of our country.

TOTAL STATE FUNDS

$297,683

$297,683

$297,683

State General Funds

$297,683

$297,683

$297,683

TOTAL PUBLIC FUNDS

$297,683

$297,683

$297,683

Statewide Changes

410.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$10,233

$10,233

$10,233

Changes in the Size of the Program

2992

JOURNAL OF THE SENATE

410.2 Provide for start-up funding of 5 positions at the Georgia Veterans Memorial Cemetery in Glennville.

State General Funds

$98,267

$98,267

$98,267

410. Georgia Veterans Memorial Cemetery

Appropriation (HB1027)

The purpose of this appropriation is to provide for the internment of eligible Georgia Veterans who served faithfully and

honorably in the military service of our country.

TOTAL STATE FUNDS

$406,183

$406,183

$406,183

State General Funds

$406,183

$406,183

$406,183

TOTAL PUBLIC FUNDS

$406,183

$406,183

$406,183

Georgia War Veterans Nursing Home - Augusta

Continuation Budget

The purpose is to provide skilled nursing care to aged and infirmed Georgia Veterans; and to also serve as a teaching

facility for the Medical College of Georgia.

TOTAL STATE FUNDS

$4,437,230

$4,437,230

$4,437,230

State General Funds

$4,437,230

$4,437,230

$4,437,230

TOTAL FEDERAL FUNDS

$3,104,750

$3,104,750

$3,104,750

Federal Funds Not Itemized

$3,104,750

$3,104,750

$3,104,750

TOTAL PUBLIC FUNDS

$7,541,980

$7,541,980

$7,541,980

Statewide Changes

411.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$98,309

$98,309

$98,309

Changes in Operations / Administration

411.2 Provide funding to the Augusta Nursing Home to aid in offsetting rising healthcare and pharmaceuticals costs.

State General Funds

$350,000

$200,000

411. Georgia War Veterans Nursing Home - Augusta

Appropriation (HB1027)

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans; and to also

serve as a teaching facility for the Medical College of Georgia.

TOTAL STATE FUNDS

$4,535,539

$4,885,539

$4,735,539

State General Funds

$4,535,539

$4,885,539

$4,735,539

TOTAL FEDERAL FUNDS

$3,104,750

$3,104,750

$3,104,750

Federal Funds Not Itemized

$3,104,750

$3,104,750

$3,104,750

TOTAL PUBLIC FUNDS

$7,640,289

$7,990,289

$7,840,289

THURSDAY, MARCH 23, 2006

2993

Georgia War Veterans Nursing Home - Milledgeville

Continuation Budget

The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$10,392,240

$10,392,240

$10,392,240

State General Funds

$10,392,240

$10,392,240

$10,392,240

TOTAL FEDERAL FUNDS

$7,225,135

$7,225,135

$7,225,135

Federal Funds Not Itemized

$7,225,135

$7,225,135

$7,225,135

TOTAL PUBLIC FUNDS

$17,617,375

$17,617,375

$17,617,375

One-Time Expense

412.1 Replace 5 hospital beds.

State General Funds

$8,825

$8,825

$8,825

Changes in the Size of the Program

412.2 Provide funding to re-open the 2nd floor of the Vinson Building.

State General Funds

$767,048

$767,048

$967,048

412. Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB1027)

The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war

veterans.

TOTAL STATE FUNDS

$11,168,113

$11,168,113

$11,368,113

State General Funds

$11,168,113

$11,168,113

$11,368,113

TOTAL FEDERAL FUNDS

$7,225,135

$7,225,135

$7,225,135

Federal Funds Not Itemized

$7,225,135

$7,225,135

$7,225,135

TOTAL PUBLIC FUNDS

$18,393,248

$18,393,248

$18,593,248

Veterans Benefits

Continuation Budget

The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by

informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the

benefits to which they are entitled.

TOTAL STATE FUNDS

$5,537,168

$5,537,168

$5,537,168

State General Funds

$5,537,168

$5,537,168

$5,537,168

TOTAL FEDERAL FUNDS

$574,391

$574,391

$574,391

Federal Funds Not Itemized

$574,391

$574,391

$574,391

TOTAL PUBLIC FUNDS

$6,111,559

$6,111,559

$6,111,559

Statewide Changes

2994

JOURNAL OF THE SENATE

413.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$206,447

$206,447

$206,447

Federal Funds Not Itemized

$3,366

$3,366

$3,366

TOTAL PUBLIC FUNDS

$209,813

$209,813

$209,813

Changes in Operations / Administration

413.2 Reduce funding for the Savannah field office due to lower real estate rental charges.

State General Funds

($11,920)

($11,920)

($11,920)

Changes in the Size of the Program

413.3 Realign funds from Administration to Field Operations to properly reflect planned expenditures.

State General Funds

$38,879

$38,879

$38,879

413. Veterans Benefits

Appropriation (HB1027)

The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to

veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising

them in securing the benefits to which they are entitled.

TOTAL STATE FUNDS

$5,770,574

$5,770,574

$5,770,574

State General Funds

$5,770,574

$5,770,574

$5,770,574

TOTAL FEDERAL FUNDS

$577,757

$577,757

$577,757

Federal Funds Not Itemized

$577,757

$577,757

$577,757

TOTAL PUBLIC FUNDS

$6,348,331

$6,348,331

$6,348,331

Section 48: Workers' Compensation, State Board of

Section Total - Continuation

TOTAL STATE FUNDS

$15,697,280

$15,697,280

$15,697,280

State General Funds

$15,697,280

$15,697,280

$15,697,280

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

TOTAL PUBLIC FUNDS

$15,937,280

$15,937,280

$15,937,280

Section Total - Final

TOTAL STATE FUNDS

$16,100,599

$16,100,599

$16,100,599

State General Funds

$16,100,599

$16,100,599

$16,100,599

TOTAL AGENCY FUNDS

$120,000

$120,000

$120,000

Sales and Services

$120,000

$120,000

$120,000

TOTAL PUBLIC FUNDS

$16,220,599

$16,220,599

$16,220,599

THURSDAY, MARCH 23, 2006

2995

Administer the Workers' Compensation Laws

Continuation Budget

The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$9,366,793

$9,366,793

$9,366,793

State General Funds

$9,366,793

$9,366,793

$9,366,793

TOTAL PUBLIC FUNDS

$9,366,793

$9,366,793

$9,366,793

Statewide Changes

414.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$355,360

$355,360

$355,360

Changes in the Size of the Program

414.2 Transfer funds from Board Administration program to fill five vacant positions, increase funds for travel, and

purchase tracking software.

State General Funds

$179,293

$179,293

$179,293

414. Administer the Workers' Compensation Laws

Appropriation (HB1027)

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers'

Compensation law.

TOTAL STATE FUNDS

$9,901,446

$9,901,446

$9,901,446

State General Funds

$9,901,446

$9,901,446

$9,901,446

TOTAL PUBLIC FUNDS

$9,901,446

$9,901,446

$9,901,446

Board Administration

Continuation Budget

The purpose is to provide superior access to the Georgia Workers' Compensation program for injured workers and

employers in a manner that is sensitive, responsive, and effective.

TOTAL STATE FUNDS

$6,330,487

$6,330,487

$6,330,487

State General Funds

$6,330,487

$6,330,487

$6,330,487

TOTAL AGENCY FUNDS

$240,000

$240,000

$240,000

Sales and Services

$240,000

$240,000

$240,000

Sales and Services Not Itemized

$240,000

$240,000

$240,000

TOTAL PUBLIC FUNDS

$6,570,487

$6,570,487

$6,570,487

Statewide Changes

415.1 GTA, GBA, WC, COLA, SHBP and Annualizer

State General Funds

$47,959

$47,959

$47,959

2996

JOURNAL OF THE SENATE

Changes in the Size of the Program

415.2 Transfer funds to the Administer the Workers' Compensation Laws program to fill five vacant positions, increase

funds for travel, and purchase tracking software.

State General Funds

($179,293)

($179,293)

($179,293)

415.3 Reduce funds.

Sales and Services Not Itemized

($120,000)

($120,000)

($120,000)

415. Board Administration

Appropriation (HB1027)

The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured

workers and employers in a manner that is sensitive, responsive, and effective.

TOTAL STATE FUNDS

$6,199,153

$6,199,153

$6,199,153

State General Funds

$6,199,153

$6,199,153

$6,199,153

TOTAL AGENCY FUNDS

$120,000

$120,000

$120,000

Sales and Services

$120,000

$120,000

$120,000

Sales and Services Not Itemized

$120,000

$120,000

$120,000

TOTAL PUBLIC FUNDS

$6,319,153

$6,319,153

$6,319,153

Section 49: State of Georgia General Obligation Debt Sinking Fund

Section Total - Continuation

TOTAL STATE FUNDS

$935,015,180 $935,015,180 $935,015,180

State Motor Fuel Funds

$185,620,000 $185,620,000 $185,620,000

State General Funds

$749,395,180 $749,395,180 $749,395,180

TOTAL PUBLIC FUNDS

$935,015,180 $935,015,180 $935,015,180

Section Total - Final

TOTAL STATE FUNDS

$866,354,612 $872,212,297 $872,931,565

State Motor Fuel Funds

$155,000,000 $155,000,000 $155,000,000

State General Funds

$711,354,612 $717,212,297 $717,931,565

TOTAL PUBLIC FUNDS

$866,354,612 $872,212,297 $872,931,565

General Obligation Debt Sinking Fund - New

Continuation Budget

TOTAL STATE FUNDS

$80,817,429

$80,817,429

$80,817,429

State Motor Fuel Funds

$30,620,000

$30,620,000

$30,620,000

State General Funds

$50,197,429

$50,197,429

$50,197,429

TOTAL PUBLIC FUNDS

$80,817,429

$80,817,429

$80,817,429

THURSDAY, MARCH 23, 2006

2997

Changes in the Size of the Program

416.1 Transfer SFY2006 debt service for new bonds to Issued or Authorized Under Previous Appropriations Acts

programs.

State Motor Fuel Funds

($30,620,000) ($30,620,000) ($30,620,000)

State General Funds

($50,197,429) ($50,197,429) ($50,197,429)

TOTAL PUBLIC FUNDS

($80,817,429) ($80,817,429) ($80,817,429)

Criminal Justice

Corrections, Department of

416.2 Security for Prisons: $4,515,000 in principal for 20 years at 5.750%: Fund minor construction at various

locations.

From State General Funds, $385,716 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Corrections by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$4,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$385,716

$385,716

$385,716

Corrections, Department of

416.3 Security for Prisons: $1,780,000 in principal for 5 years at 4.500%: Fund Central repairs at various locations.

From State General Funds, $405,840 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Corrections by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$405,840

$405,840

$405,840

Corrections, Department of 416.4 Security for Prisons: $3,500,000 in principal for 5 years at 4.500%: Fund portal security enhancement equipment
at various facilities.

2998

JOURNAL OF THE SENATE

From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Corrections by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$798,000

$798,000

$798,000

Corrections, Department of

416.5 Security for Prisons: $2,000,000 in principal for 5 years at 4.500%: Fund security sliding docking device

renovations at various locations.

From State General Funds, $456,000 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Corrections by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$456,000

$456,000

$456,000

Corrections, Department of

416.6 Security for Prisons: $400,000 in principal for 5 years at 4.500%: Fund door and window frame replacements at

multiple locations. (G:400,000)(H:0)(S:400,000)

From State General Funds, $91,200 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$91,200

$0

$91,200

THURSDAY, MARCH 23, 2006

2999

Corrections, Department of

416.7 Lee State Prison: $300,000 in principal for 5 years at 4.500%: Fund lock and control system.

(G:300,000)(H:0)(S:300,000)

From State General Funds, $68,400 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement,

or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$68,400

$0

$68,400

Corrections, Department of

416.8 Washington State Prison: $1,200,000 in principal for 20 years at 5.750%: Fund security hardening.

From State General Funds, $102,516 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Corrections by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$102,516

$102,516

$102,516

Corrections, Department of

416.9 Headquarters and Training Academy: $7,500,000 in principal for 20 years at 5.750%: Fund renovations for

Headquarters and Training Academy relocation to Monroe County.

From State General Funds, $640,725 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Corrections by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$640,725

$640,725

$640,725

3000

JOURNAL OF THE SENATE

Defense, Department of

416.10 National Guard Armories: $1,715,000 in principal for 20 years at 5.750%: Renovate and improve various armory

facilities statewide.

From State General Funds, $146,512 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Defense by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,715,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$146,512

$146,512

$146,512

Juvenile Justice, Department of

416.11 Youth Development Campus: $5,270,000 in principal for 5 years at 4.500%: Fund major repairs at various

facilities statewide.

From State General Funds, $1,201,560 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$5,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$1,201,560

$1,201,560

$1,201,560

Juvenile Justice, Department of

416.12 Youth Development Campus: $5,485,000 in principal for 5 years at 4.500%: Fund minor construction and

renovations at various facilities statewide.

From State General Funds, $1,250,580 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$5,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$1,250,580

$1,250,580

$1,250,580

THURSDAY, MARCH 23, 2006

3001

Economic Development

Environmental Facilities Authority, Georgia

416.13 Local Government Infrastructure: $43,000,000 in principal for 20 years at 5.750%: Provide low interest loans for

local water and sewer construction projects. (G:47,000,000) (H:43,000,000)(S:43,000,000)

From State General Funds, $3,673,490 is specifically appropriated for the Georgia Environmental Facilities

Authority for the purposes of financing loans to local government and local government entities for water or

sewerage facilities or systems, through the issuance of not more than $43,000,000 in principal amount of General

Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$4,015,210

$3,673,490

$3,673,490

Environmental Facilities Authority, Georgia

416.14 Local Government Infrastructure: $9,000,000 in principal for 20 years at 5.750%: Provide matching funds for the

clean water construction loan program.

From State General Funds, $768,870 is specifically appropriated for the Georgia Environmental Facilities

Authority for the purposes of financing loans to local government and local government entities for water or

sewerage facilities or systems, through the issuance of not more than $9,000,000 in principal amount of General

Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$768,870

$768,870

$768,870

Environmental Facilities Authority, Georgia

416.15 Local Government Infrastructure: $3,500,000 in principal for 20 years at 5.750%: Provide matching funds for the

drinking water construction loan program.

From State General Funds, $299,005 is specifically appropriated for the Georgia Environmental Facilities

Authority for the purposes of financing loans to local government and local government entities for water or

sewerage facilities or systems, through the issuance of not more than $3,500,000 in principal amount of General

Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$299,005

$299,005

$299,005

Economic Development, Department of

416.16 Columbus Trade Center: $11,000,000 in principal for 20 years at 5.750%: Provide funding. (G:11,000,000)

(H:0)(S:11,000,000)

From State General Funds, $939,730 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Economic Development by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

3002

JOURNAL OF THE SENATE

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $11,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$939,730

$0

$939,730

Transportation, Department of

416.17 Savannah harbor: $15,900,000 in principal for 20 years at 5.750%: Complete construction of the Container Berth

8 project in Savannah.

From State General Funds, $1,358,337 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Transportation by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$15,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$1,358,337

$1,358,337

$1,358,337

Ports Authority, Georgia

416.18 Ports Authority: $3,200,000 in principal for 20 years at 5.750%: Complete construction of the deepening of the

Brunswick harbor.

From State General Funds, $273,376 is specifically appropriated for the purpose of financing projects and

facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$273,376

$273,376

$273,376

World Congress Center Authority

416.19 Georgia World Congress Center: $5,425,000 in principal for 20 years at 5.750%: Fund various facility renovation

projects. (G:5,425,000) (H:9,425,000)(S:5,425,000)

From State General Funds, $463,458 is specifically appropriated for the purpose of financing projects and

facilities for the World Congress Center Authority by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

THURSDAY, MARCH 23, 2006

3003

than $5,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$463,458

$805,178

$463,458

Transportation, Department of

416.20 Rail Lines: $4,500,000 in principal for 20 years at 5.750%: Fund freight rail track rehabilitation, Vidalia. (G and

H:550,000)(S:Nunez to Vidalia)

From State General Funds, $384,435 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Transportation by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$46,987

$46,987

$384,435

Transportation, Department of

416.21 Rail Lines: $800,000 in principal for 20 years at 5.750%: Fund freight rail track rehabilitation, Cordele to Cedar

Creek.

From State General Funds, $68,344 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Transportation by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$68,344

$68,344

$68,344

Financing and Investment Commission, Georgia State 416.95 Economic Development: $8,000,000 in principal for 10 years at 4.750%: Provide funding for the Savannah
Riverwalk Project. From State General Funds, $1,024,000 is specifically appropriated for the purpose of financing projects and

3004

JOURNAL OF THE SENATE

facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 120 months.

State General Funds

$1,024,000

Education

Education, Department of

416.22 K - 12 Education: $107,980,000 in principal for 20 years at 5.750%: Authorize regular funding for local school

construction.

From State General Funds, $9,224,731 is specifically appropriated for the purpose of financing educational

facilities for county and independent school systems through the State Board of Education ( Department of

Education ) through the issuance of not more than $107,980,000 in principal amount of General Obligation Debt,

the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$9,224,731

$9,224,731

$9,224,731

Education, Department of

416.23 K - 12 Education: $147,355,000 in principal for 20 years at 5.750%: Authorize exceptional growth funding for

local school construction.

From State General Funds, $12,588,538 is specifically appropriated for the purpose of financing educational

facilities for county and independent school systems through the State Board of Education ( Department of

Education ) through the issuance of not more than $147,355,000 in principal amount of General Obligation Debt,

the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$12,588,538

$12,588,538

$12,588,538

Education, Department of

416.24 K - 12 Education: $120,535,000 in principal for 20 years at 5.750%: Authorize regular advance funding for local

school construction.

From State General Funds, $10,297,305 is specifically appropriated for the purpose of financing educational

facilities for county and independent school systems through the State Board of Education ( Department of

Education ) through the issuance of not more than $120,535,000 in principal amount of General Obligation Debt,

the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$10,297,305

$10,297,305

$10,297,305

THURSDAY, MARCH 23, 2006

3005

Education, Department of

416.25 K - 12 Education: $6,890,000 in principal for 20 years at 5.750%: Authorize low wealth funding for local school

construction.

From State General Funds, $588,613 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education )

through the issuance of not more than $6,890,000 in principal amount of General Obligation Debt, the instruments

of which shall have maturities not in excess of 240 months.

State General Funds

$588,613

$588,613

$588,613

Education, Department of

416.26 K - 12 Education: $13,720,000 in principal for 5 years at 4.500%: Purchase vocational and agricultural

equipment for new schools.

From State General Funds, $3,128,160 is specifically appropriated for the purpose of financing educational

facilities for county and independent school systems through the State Board of Education ( Department of

Education ) through the issuance of not more than $13,720,000 in principal amount of General Obligation Debt,

the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$3,128,160

$3,128,160

$3,128,160

Education, Department of

416.27 K - 12 Education: $46,000,000 in principal for 10 years at 4.750%: Purchase school buses. (G and H:50,000,000)

From State General Funds, $5,888,001 is specifically appropriated for the purpose of financing educational

facilities for county and independent school systems through the State Board of Education ( Department of

Education ) through the issuance of not more than $46,000,000 in principal amount of General Obligation Debt,

the instruments of which shall have maturities not in excess of 120 months.

State General Funds

$6,400,000

$6,400,000

$5,888,001

Education, Department of

416.78 K - 12 Education: $1,255,000 in principal for 5 years at 4.500%: Renovate the Georgia FFA-FCCLA Center and

Camp John Hope.

From State General Funds, $286,140 is specifically appropriated for the purpose of financing educational facilities

for county and independent school systems through the State Board of Education ( Department of Education )

through the issuance of not more than $1,255,000 in principal amount of General Obligation Debt, the instruments

of which shall have maturities not in excess of 60 months.

State General Funds

$286,140

$286,140

3006

JOURNAL OF THE SENATE

Fiscal Management Revenue, Department of

416.28 Tax System: $3,000,000 in principal for 5 years at 4.500%: Continue funding for procurement of an integrated tax

system.

From State General Funds, $684,000 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Revenue by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$684,000

$684,000

$684,000

General Government

Building Authority, Georgia

416.29 remediation of State owned fuel storage tanks: $8,100,000 in principal for 20 years at 5.750%: Fund corrective

construction work of state owned fuel storage tanks. (G and H:6,000,000)

From State General Funds, $691,983 is specifically appropriated for the purpose of financing projects and

facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$8,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$512,580

$512,580

$691,983

Financing and Investment Commission, Georgia State 416.30 Americans with Disability Act: $2,600,000 in principal for 5 years at 4.500%: Fund statewide ADA related facility
accessibility improvements. From State General Funds, $592,800 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

THURSDAY, MARCH 23, 2006

3007

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$592,800

$592,800

$592,800

Human Development

Human Resources, Department of

416.31 Central State Hospital: $980,000 in principal for 20 years at 5.750%: Fund life safety and HVAC renovations at

the Powell Building.

From State General Funds, $83,721 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Human Resources by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$980,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$83,721

$83,721

$83,721

Human Resources, Department of

416.32 Central State Hospital: $3,005,000 in principal for 20 years at 5.750%: Fund facility electrical code compliance

upgrades, Allen Building.

From State General Funds, $256,717 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Human Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $3,005,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$256,717

$256,717

$256,717

Human Resources, Department of

416.33 Central State Hospital: $375,000 in principal for 20 years at 5.750%: Replace air handlers in surgery area, Kidd

Building.

From State General Funds, $32,036 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Human Resources by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

3008

JOURNAL OF THE SENATE

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$32,036

$32,036

$32,036

Human Resources, Department of

416.34 Central State Hospital: $5,560,000 in principal for 20 years at 5.750%: Fund HVAC replacement, and plumbing

and mechanical system replacement, Freeman Building.

From State General Funds, $474,991 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Human Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $5,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$474,991

$474,991

$474,991

Human Resources, Department of

416.35 Central State Hospital: $2,775,000 in principal for 20 years at 5.750%: Install building communication system in

five buildings, water system upgrades, and completion of steam plant upgrades.

From State General Funds, $237,068 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Human Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $2,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$237,068

$237,068

$237,068

Human Resources, Department of

416.36 Savannah Regional Hospital: $2,535,000 in principal for 20 years at 5.750%: Fund facility roof replacement and

boiler replacement.

From State General Funds, $216,565 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Human Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

THURSDAY, MARCH 23, 2006

3009

than $2,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$216,565

$216,565

$216,565

Human Resources, Department of

416.37 East Central Regional Hospital: $725,000 in principal for 5 years at 4.500%: Replace kitchen equipment, East

Central Regional Hospital, and laundry equipment East Central Regional Hospital, Gracewood .

From State General Funds, $165,300 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Human Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not

in excess of 60 months.

State General Funds

$165,300

$165,300

$165,300

Human Resources, Department of

416.38 East Central Regional Hospital: $3,290,000 in principal for 20 years at 5.750%: Fund roof replacement and

flooring replacement, East Central Regional Hospital, Gracewood.

From State General Funds, $281,065 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Human Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $3,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$281,065

$281,065

$281,065

Human Resources, Department of 416.39 Georgia Regional Hospital - Atlanta: $2,580,000 in principal for 20 years at 5.750%: Renovate Building #15,
construct small warehouse, and roof replacement. From State General Funds, $220,409 is specifically appropriated for the purpose of financing projects and

3010

JOURNAL OF THE SENATE

facilities for the Department of Human Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $2,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$220,409

$220,409

$220,409

Human Resources, Department of

416.40 Northwest Georgia Regional Hospital: $135,000 in principal for 5 years at 4.500%: Replace laundry equipment.

From State General Funds, $30,780 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Human Resources by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$135,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$30,780

$30,780

$30,780

Labor, Department of

416.41 Roosevelt Warm Springs Institute for Rehabilitation: $1,070,000 in principal for 5 years at 4.500%: Fund roof

replacement of various buildings.

From State General Funds, $243,960 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Labor by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$243,960

$243,960

$243,960

Labor, Department of

416.42 DOL Rehabilitative Sites: $1,400,000 in principal for 5 years at 4.500%: Upgrade the sprinkler and fire alarm

system improvement program at various facilities statewide.

From State General Funds, $319,200 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Labor by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

THURSDAY, MARCH 23, 2006

3011

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$319,200

$319,200

$319,200

Veterans Service, Department of

416.96 Georgia War Veterans Nursing Home, Milledgeville: $750,000 in principal for 20 years at 5.750%: Fire

Suppression System

From State General Funds, $64,073 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Veterans Service by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

State General Funds

$64,073

Higher Education

Technical and Adult Education, Department of

416.0 Albany Technical College: $1,830,000 in principal for 20 years at 5.750%: Renovate Construction Academy

former Carlton Building

From State General Funds, $156,337 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $1,830,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$156,337

University System of Georgia, Board of Regents

416.43 Regents: $62,240,000 in principal for 20 years at 5.750%: Fund statewide major renovations and rehabilitation.

(G:68,240,000) (H:56,240,000)(S:62,240,000)

From State General Funds, $5,317,164 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

3012

JOURNAL OF THE SENATE

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $62,240,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$5,829,742

$4,804,583

$5,317,164

University System of Georgia, Board of Regents

416.44 Georgia State University: $37,500,000 in principal for 20 years at 5.750%: Construct a Teaching Laboratory

Building.

From State General Funds, $3,203,625 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $37,500,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$3,203,625

$3,203,625

$3,203,625

University System of Georgia, Board of Regents

416.45 Fort Valley State University: $0 in principal for 20 years at 5.750%: Design and construct a campus-wide

Infrastructure & Huntington Hall Stabilization (G:3,900,000) (H:0)(S:0)

State General Funds

$333,177

$0

$0

University System of Georgia, Board of Regents

416.46 East Georgia College: $1,400,000 in principal for 20 years at 5.750%: Design and construct an Infrastructure-

Utilities Corridor and Road.

From State General Funds, $119,602 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$119,602

$119,602

$119,602

University System of Georgia, Board of Regents

416.47 Gainesville College: $5,000,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment

for the Student Center Addition.

THURSDAY, MARCH 23, 2006

3013

From State General Funds, $427,150 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$427,150

$427,150

$427,150

University System of Georgia, Board of Regents

416.48 Kennesaw State University: $4,900,000 in principal for 20 years at 5.750%: Design, construct, and purchase

equipment for the renovation of Social Science, Library, & Wilson Buildings.

From State General Funds, $418,607 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$418,607

$418,607

$418,607

University System of Georgia, Board of Regents

416.49 Savannah State College: $3,800,000 in principal for 20 years at 5.750%: Fund design and construction for the

renovation of historic Hill Hall.

From State General Funds, $324,634 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$324,634

$324,634

$324,634

University System of Georgia, Board of Regents 416.50 North Georgia College and State University: $4,700,000 in principal for 20 years at 5.750%: Design, construct,
and purchase equipment for the renovation of the historic Education Building. (G:4,700,000) (H:0)(S:4,700,000)

3014

JOURNAL OF THE SENATE

From State General Funds, $401,521 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$401,521

$0

$401,521

University System of Georgia, Board of Regents

416.51 State University of West Georgia: $4,700,000 in principal for 20 years at 5.750%: Design, construct, and purchase

equipment for the renovation and addition to the Callaway Building.

From State General Funds, $401,521 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$401,521

$401,521

$401,521

University System of Georgia, Board of Regents

416.52 Traditional Industries and Research Alliance - GIT: $21,500,000 in principal for 5 years at 4.500%: Fund Georgia

Research Alliance R&D infrastructure for research universities.

From State General Funds, $4,902,000 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $21,500,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$4,902,000

$4,902,000

$4,902,000

University System of Georgia, Board of Regents 416.53 Georgia Institute of Technology: $38,000,000 in principal for 20 years at 5.750%: Complete the design,
construction, and equipment for the Nanotechnology Research Center Building.

THURSDAY, MARCH 23, 2006

3015

From State General Funds, $3,246,340 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $38,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$3,246,340

$3,246,340

$3,246,340

University System of Georgia, Board of Regents

416.54 Skidaway Institute of Oceanography: $5,000,000 in principal for 20 years at 5.750%: Design, construct, and

purchase equipment for the Marine Bioscience Research and Instructional Center.

From State General Funds, $427,150 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$427,150

$427,150

$427,150

University System of Georgia, Board of Regents

416.55 Waycross College: $2,300,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for

the addition to Building A.

From State General Funds, $196,489 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$196,489

$196,489

$196,489

University System of Georgia, Board of Regents 416.56 Armstrong Atlantic State University: $5,000,000 in principal for 20 years at 5.750%: Design, construct, and
purchase equipment for the addition to Burnett Hall for a Leadership Hall.

3016

JOURNAL OF THE SENATE

From State General Funds, $427,150 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$427,150

$427,150

$427,150

University System of Georgia, Board of Regents

416.57 Dalton College: $4,650,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for a

new academic building located at the Whitfield Career Academy.

From State General Funds, $397,250 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,650,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$397,250

$397,250

$397,250

University System of Georgia, Board of Regents

416.58 Georgia College and State University: $4,850,000 in principal for 20 years at 5.750%: Design, construct, and

purchase equipment for the addition to Herty Hall.

From State General Funds, $414,336 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$414,336

$414,336

$414,336

University System of Georgia, Board of Regents 416.59 University of Georgia: $5,000,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment
for the Animal and Dairy Livestock Facility in Oglethorpe County.

THURSDAY, MARCH 23, 2006

3017

From State General Funds, $427,150 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$427,150

$427,150

$427,150

University System of Georgia, Board of Regents

416.60 Public Libraries: $0 in principal for 20 years at 5.750%: Construct the new Epheaus Public Library, West Georgia

Regional Library System, Heard County. (G:650,000) (H and S:Authorized in HB1026, 2006 Amended budget)

State General Funds

$55,530

$0

$0

University System of Georgia, Board of Regents

416.61 Public Libraries: $0 in principal for 20 years at 5.750%: Construct the new Headquarters Library, East Central

Georgia Regional Library System, Richmond County. (G:2,000,000)(H and S:Authorized in HB1026, 2006

Amended budget)

State General Funds

$170,860

$0

$0

University System of Georgia, Board of Regents

416.62 Public Libraries: $0 in principal for 20 years at 5.750%: Construct the new Post Road Branch Library, Forsyth

County Public Library System, Forsyth County. (G:2,000,000)(H and S:Authorized in HB1026, 2006 Amended

budget)

State General Funds

$170,860

$0

$0

University System of Georgia, Board of Regents

416.63 Public Libraries: $0 in principal for 20 years at 5.750%: Construct the new Hamilton Mill Branch Library,

Gwinnett County Public Library System, Gwinnett County. (G:2,000,000)(H and S:Authorized in HB1026, 2006

Amended budget)

State General Funds

$170,860

$0

$0

University System of Georgia, Board of Regents

416.64 Traditional Industries and Research Alliance - GIT: $900,000 in principal for 5 years at 4.500%: Purchase

research equipment for the Traditional Industries Program.

From State General Funds, $205,200 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

3018

JOURNAL OF THE SENATE

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$205,200

$205,200

$205,200

Technical and Adult Education, Department of

416.65 Technical College Multi-Projects: $7,860,000 in principal for 5 years at 4.500%: Purchase equipment related to

facility construction projects at Heart of Georgia Technical College, Southeastern Technical College, Augusta

Technical College, and West Georgia

Technical College. (S: Appalachian Technical College $200,000)

From State General Funds, $1,792,080 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $7,860,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$1,746,480

$1,746,480

$1,792,080

Technical and Adult Education, Department of

416.66 Okefenokee Technical College: $10,300,000 in principal for 20 years at 5.750%: Design and construct the Allied

Health Building.

From State General Funds, $879,929 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $10,300,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$879,929

$879,929

$879,929

Technical and Adult Education, Department of

416.67 Savannah Technical College: $15,325,000 in principal for 20 years at 5.750%: Design and construct the

Technology Building.

THURSDAY, MARCH 23, 2006

3019

From State General Funds, $1,309,215 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

issuance of not more than $15,325,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,309,215

$1,309,215

$1,309,215

Technical and Adult Education, Department of

416.68 Lanier Technical College - Oakwood: $11,170,000 in principal for 20 years at 5.750%: Design and construct the

Classroom Building, Forsyth County Campus, Lanier Technical College.

From State General Funds, $954,253 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $11,170,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$954,253

$954,253

$954,253

Technical and Adult Education, Department of

416.69 Chattahoochee Technical College: $11,255,000 in principal for 20 years at 5.750%: Design and construct the

Classroom Building, Paulding County Campus.

From State General Funds, $961,515 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $11,255,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$961,515

$961,515

$961,515

Technical and Adult Education, Department of

416.70 West Central Technical College: $4,995,000 in principal for 20 years at 5.750%: Design and construct the

Classroom Building, Douglasville Campus.

From State General Funds, $426,723 is specifically appropriated for the purpose of financing projects and

3020

JOURNAL OF THE SENATE

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,995,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$426,723

$426,723

$426,723

Technical and Adult Education, Department of

416.71 Ogeechee Technical College: $1,620,000 in principal for 20 years at 5.750%: Design, construct, and purchase

equipment for the Commercial Truck Driving and Fire Science Building.

From State General Funds, $138,397 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $1,620,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$138,397

$138,397

$138,397

Technical and Adult Education, Department of

416.72 Okefenokee Technical College: $2,115,000 in principal for 20 years at 5.750%: Design, construct, and purchase

equipment for the renovation of the Alma Center, Alma Campus.

From State General Funds, $180,684 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $2,115,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$180,684

$180,684

$180,684

University System of Georgia, Board of Regents

416.79 Darton College: $0 in principal for 20 years at 5.750%: Construct a Nursing/Health Sciences Building in Albany.

(H:$5,000,000) (S:0)

State General Funds

$427,150

$0

University System of Georgia, Board of Regents

THURSDAY, MARCH 23, 2006

3021

416.80 Middle Georgia College: $4,500,000 in principal for 20 years at 5.750%: Renovation of Dillard Hall in Cochran.

From State General Funds, $384,435 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$384,435

$384,435

University System of Georgia, Board of Regents

416.81 Coastal Georgia Community College: $4,700,000 in principal for 20 years at 5.750%: Infrastructure upgrades and

replacement in Brunswick.

From State General Funds, $401,521 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$401,521

$401,521

University System of Georgia, Board of Regents

416.82 University of Georgia: $4,800,000 in principal for 20 years at 5.750%: Campus infrastructure upgrades.

From State General Funds, $410,064 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$410,064

$410,064

University System of Georgia, Board of Regents

416.83 Augusta State University: $2,800,000 in principal for 20 years at 5.750%: Central Energy Plant Expansion.

From State General Funds, $239,204 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

3022

JOURNAL OF THE SENATE

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$239,204

$239,204

University System of Georgia, Board of Regents

416.84 Georgia Southern University: $5,000,000 in principal for 20 years at 5.750%: Foy Renovation/Addition in

Statesboro.

From State General Funds, $427,150 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$427,150

$427,150

University System of Georgia, Board of Regents

416.85 Live Oak Public Libraries: $2,000,000 in principal for 20 years at 5.750%: Construction in Chatham County.

From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System

of Georgia to provide public library facilities by grant to the governing board of the Live Oak Public Libraries, for

that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$170,860

$170,860

Military College, Georgia

416.86 Georgia Military College: $1,355,000 in principal for 20 years at 5.750%: Design and site preparation for a

Academic Building to replace Jenkins Hall in Milledgeville.

From State General Funds, $115,758 is specifically appropriated for the purpose of financing projects and

facilities for the Georgia Military College by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

THURSDAY, MARCH 23, 2006

3023

State General Funds

$115,758

$115,758

Technical and Adult Education, Department of

416.87 Technical College Multi-Projects: $7,000,000 in principal for 20 years at 5.750%: Statewide major renovations

and rehabilitation.

From State General Funds, $598,010 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$598,010

$598,010

Technical and Adult Education, Department of

416.88 Technical College Multi-Projects: $3,500,000 in principal for 5 years at 4.500%: Replace obsolete equipment.

(H:5,000,000)

From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$1,140,000

$798,000

Technical and Adult Education, Department of

416.89 Flint River Technical College: $7,550,000 in principal for 20 years at 5.750%: Construction of an Industrial

Training Building.

From State General Funds, $644,997 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $7,550,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$644,997

$644,997

3024

JOURNAL OF THE SENATE

Technical and Adult Education, Department of

416.90 Middle Georgia Technical College: $3,300,000 in principal for 20 years at 5.750%: Construction of a Child

Development in Warner Robins.

From State General Funds, $281,919 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$281,919

$281,919

Technical and Adult Education, Department of

416.91 Columbus Technical College: $0 in principal for 20 years at 5.750%: Design and construct a Health Science

Building at Columbus Technical College. (H:13,705,000)

State General Funds

$1,170,818

$0

Technical and Adult Education, Department of

416.92 South Georgia Technical College: $3,950,000 in principal for 20 years at 5.750%: Expansion of the Crisp County

Center at South Georgia Technical College.

From State General Funds, $337,449 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $3,950,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$337,449

$337,449

Technical and Adult Education, Department of

416.93 North Metro Technical College: $10,350,000 in principal for 20 years at 5.750%: Design and construct an Allied

Health and Technology Building at North Metro Technical College.

From State General Funds, $884,201 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

THURSDAY, MARCH 23, 2006

3025

of not more than $10,350,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$884,201

$884,201

Technical and Adult Education, Department of

416.97 Atlanta Technical College: $14,215,000 in principal for 20 years at 5.750%: Allied Health Building

From State General Funds, $1,214,388 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Technical and Adult Education by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $14,215,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$1,214,388

University System of Georgia, Board of Regents

416.98 Gordon College: $4,000,000 in principal for 20 years at 5.750%: Academic Success & Retention Center

From State General Funds, $341,720 is specifically appropriated for the purpose of financing projects and

facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance

of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$341,720

Herty Foundation

416.99 Traditional Industries and Research Alliance - Herty: $600,000 in principal for 20 years at 5.750%: Renovations

and Improvements

From State General Funds, $51,258 is specifically appropriated for the purpose of financing projects and facilities

for the Herty Foundation by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$51,258

Technical and Adult Education, Department of

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JOURNAL OF THE SENATE

416.100 Coosa Valley Technical College: $920,000 in principal for 20 years at 5.750%: Renovate Woodlee Center -

Culinary Arts

From State General Funds, $78,596 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Technical and Adult Education by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $920,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not

in excess of 240 months.

State General Funds

$78,596

University System of Georgia, Board of Regents

416.102 Chicamauga Public Library: $600,000 in principal for 20 years at 5.750%: Chicamauga Library

From State General Funds, $51,258 is specifically appropriated to the Board of Regents of the University System

of Georgia to provide public library facilities by grant to the governing board of the Chicamauga Public Library,

for that library, through the issuance of not more than $600,000 in principal amount of General Obligation Debt,

the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$51,258

Technical and Adult Education, Department of

416.105 Altamaha Technical College: $450,000 in principal for 20 years at 5.750%: Renovation and Equipment

From State General Funds, $38,444 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Technical and Adult Education by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not

in excess of 240 months.

State General Funds

$38,444

Natural Resources

Forestry Commission, State

416.73 Forestry Buildings: $3,035,000 in principal for 5 years at 4.500%: Purchase various statewide capital equipment

for statewide use.

From State General Funds, $691,980 is specifically appropriated for the purpose of financing projects and

facilities for the State Forestry Commission by means of the acquisition, construction, development, extension,

THURSDAY, MARCH 23, 2006

3027

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$3,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$691,980

$691,980

$691,980

Forestry Commission, State

416.74 Forestry Buildings: $1,000,000 in principal for 5 years at 4.500%: Fund major repairs and renovations statewide.

From State General Funds, $228,000 is specifically appropriated for the purpose of financing projects and

facilities for the State Forestry Commission by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$228,000

$228,000

$228,000

Natural Resources, Department of

416.75 DNR multi-projects: $2,000,000 in principal for 20 years at 5.750%: Construct and purchase equipment for the

Suwannee River Eco-Lodge meeting facility.

From State General Funds, $170,860 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Natural Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$170,860

$170,860

$170,860

Natural Resources, Department of

416.76 DNR State Parks: $1,000,000 in principal for 5 years at 4.500%: Fund North Georgia lodge renovations at

Amicalola Falls, Unicoi, and Red Top Mountain state parks.

From State General Funds, $228,000 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Natural Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

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JOURNAL OF THE SENATE

than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 60 months.

State General Funds

$228,000

$228,000

$228,000

Natural Resources, Department of

416.77 Historic Sites: $2,000,000 in principal for 20 years at 5.750%: Complete state funding for the Hardman Farm

restoration.

From State General Funds, $170,860 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Natural Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$170,860

$170,860

$170,860

Natural Resources, Department of

416.94 Chattahoochee Bend State Park: $7,000,000 in principal for 20 years at 5.750%: Development of Chattahoochee

Bend State Park in Coweta County. (H:5,000,000)

From State General Funds, $598,010 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Natural Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$427,150

$598,010

Natural Resources, Department of

416.103 Black Rock Mountain State Park: $350,000 in principal for 20 years at 5.750%: Covered Activity Center

From State General Funds, $29,901 is specifically appropriated for the purpose of financing projects and facilities

for the Department of Natural Resources by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 240 months.

THURSDAY, MARCH 23, 2006

3029

State General Funds

$29,901

Natural Resources, Department of

416.104 DNR multi-projects: $2,000,000 in principal for 10 years at 4.750%: Tybee Beach replacement.

From State General Funds, $256,000 is specifically appropriated for the purpose of financing projects and

facilities for the Department of Natural Resources by means of the acquisition, construction, development,

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 120 months.

State General Funds

$256,000

Forestry Commission, State

416.106 Forestry Buildings: $1,500,000 in principal for 5 years at 4.500%: Equipment for Maintenance Needs.

From State General Funds, $342,000 is specifically appropriated for the purpose of financing projects and

facilities for the State Forestry Commission by means of the acquisition, construction, development, extension,

enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than

$1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

excess of 60 months.

State General Funds

$342,000

Total Debt Service

10 Year at 4.750%

State General Funds

$6,400,000

$6,400,000

$7,168,001

20 Year at 5.750%

State General Funds

$67,279,115

$70,932,104

$73,559,934

5 Year at 4.500%

State General Funds

$17,437,440

$18,703,980

$18,909,180

Total Debt Service

State General Funds

$91,116,555

$96,036,084

$99,637,115

Total Principal Amount

10 Year at 4.750%

State General Funds

$50,000,000

$50,000,000

$56,000,000

3030

JOURNAL OF THE SENATE

20 Year at 5.750%

State General Funds

$787,535,000 $830,295,000 $861,055,000

5 Year at 4.500%

State General Funds

$76,480,000

$82,035,000

$82,935,000

Total Principal

State General Funds

$914,015,000 $962,330,000 $999,990,000

416. General Obligation Debt Sinking Fund - New

Appropriation (HB1027)

TOTAL STATE FUNDS

$91,116,555

$96,036,084

$99,637,115

State General Funds

$91,116,555

$96,036,084

$99,637,115

TOTAL PUBLIC FUNDS

$91,116,555

$96,036,084

$99,637,115

General Obligation Debt Sinking Fund - New: Authorized

Continuation Budget

Under Previous Appropriations Acts

TOTAL STATE FUNDS

$104,606,858 $104,606,858 $104,606,858

State General Funds

$104,606,858 $104,606,858 $104,606,858

TOTAL PUBLIC FUNDS

$104,606,858 $104,606,858 $104,606,858

Changes in the Size of the Program

417.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act

program to General Obligation Debt Sinking Fund Issued program.

State General Funds

($53,592,390) ($53,592,390) ($53,592,390)

417.2 Transfer SFY2006 debt service for new bonds.

State Motor Fuel Funds

$30,620,000

$30,620,000

$30,620,000

State General Funds

$28,492,417

$28,492,417

$28,492,417

TOTAL PUBLIC FUNDS

$59,112,417

$59,112,417

$59,112,417

417. General Obligation Debt Sinking Fund - New:

Appropriation (HB1027)

Authorized Under Previous Appropriations Acts

TOTAL STATE FUNDS

$110,126,885 $110,126,885 $110,126,885

State Motor Fuel Funds

$30,620,000

$30,620,000

$30,620,000

State General Funds

$79,506,885

$79,506,885

$79,506,885

TOTAL PUBLIC FUNDS

$110,126,885 $110,126,885 $110,126,885

General Obligation Debt Sinking Fund - Issued

Continuation Budget

TOTAL STATE FUNDS

$749,590,893 $749,590,893 $749,590,893

THURSDAY, MARCH 23, 2006

3031

State Motor Fuel Funds

$155,000,000 $155,000,000 $155,000,000

State General Funds

$594,590,893 $594,590,893 $594,590,893

TOTAL PUBLIC FUNDS

$749,590,893 $749,590,893 $749,590,893

Changes in the Size of the Program

418.1 Decrease debt service for existing obligation on issued bonds.(H:Reflect restoration of debt prepayment funds

expended in the Amended FY2006 budget.)

State General Funds

($129,078,823) ($126,308,588) ($131,022,430)

418.2 Adjust debt service for transportation related bonds.

State Motor Fuel Funds

($30,620,000) ($30,620,000) ($30,620,000)

418.3 Repeal the authorization of $900,000 in 20-year bonds for the Traditional Industries Program research equipment.

State General Funds

($78,300)

($78,300)

($78,300)

418.4 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act

program to General Obligation Debt Sinking Fund Issued program.

State General Funds

$53,592,390

$53,592,390

$53,592,390

418.5 Transfer SFY2006 debt service for new bonds.

State General Funds

$21,705,012

$21,705,012

$21,705,012

418.6 Adjust debt service to reflect savings due to refinancing of bonds.

State General Funds

($1,832,079)

$0

418. General Obligation Debt Sinking Fund - Issued

Appropriation (HB1027)

TOTAL STATE FUNDS

$665,111,172 $666,049,328 $663,167,565

State Motor Fuel Funds

$124,380,000 $124,380,000 $124,380,000

State General Funds

$540,731,172 $541,669,328 $538,787,565

TOTAL PUBLIC FUNDS

$665,111,172 $666,049,328 $663,167,565

Section 50: Federal Funds

To the extent to which Federal Funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately receding fiscal year, which such supplanted State funds shall thereupon be

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JOURNAL OF THE SENATE

removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 51. Refunds

In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 52: Leases

In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 53: Flex

The provisions in this paragraph may be known collectively as "flex". When an agency receives appropriations of a particular fund source for more than one program, object or class, the appropriation of the particular fund source for each program, object or class of the agency is the amount stated, and the program, object or class shall also be authorized the lesser of an additional $250,000 or two percent (2%) of the stated amount. However, if the additional authority is used, the appropriation of state funds for one or more of the other appropriations to that agency is reduced in the same amount, such

THURSDAY, MARCH 23, 2006

3033

that the stated total in appropriations from that fund source within the Section is not exceeded. Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. This paragraph does not: (1) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes; (2) apply to appropriations for local assistance grants in which recipient, purpose and amount are specified under O.C.G.A. 50-8-8(a) or O.C.G.A. 28-5-121(1)
Section 54. General Obligation Bonds Repealed, Revised, or Reinstated

The following paragraph of Section 63 of the Amended General Appropriations Act for state fiscal year 2004-2005 is hereby repealed in its entirety:
From the appropriation designated "State General Funds (New)," $78,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 55: Salary Adjustments

In addition to the appropriations made above, there is hereby appropriated and included in the agency appropriations listed above funding for the following purposes:
1.) To provide a general salary adjustment of up to 4% for employees of the Judicial, Legislative and Executive Branches, as follows:
(a) To provide a general salary adjustment of 2% for employees of the Judicial, Legislative and Executive Branches;
(b) To provide an additional adjustment for employees making less than the arithmetic midpoint of the Pay Grade Salary

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JOURNAL OF THE SENATE

Range to which their Job Title is now assigned, as follows:
(i) In addition to the general adjustment of 2%, add the percentage amount determined by division, where the numerator (dividend) is the arithmetic midpoint less current salary and the denominator (divisor) is the arithmetic midpoint less minimum salary for the Pay Grade Range, with the quotient
(result) converted to a percentage.
(ii) The purpose of the appropriation for employees not assigned to a Job Title with a Pay Grade Salary Range as published by the Georgia Merit System is a substantially equivalent calculation by their employing agency.
(c) It is a purpose of the appropriation for the proposed salary adjustment for Executive branch employees that it be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law.
(d) The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007.
2.) In lieu of other numbered items,
(a) to provide for the cost-of-living adjustment for each state officer whose salary is set by Code Sections 45-7-4(a), as authorized by O.C.G.A. 45-7-4(b), (in a percentage equal to the "average percentage of the general increase in salary authorized to employees of the executive, judicial, and legislative branches of government," as determined by the Office of Planning and Budget, with members of the General Assembly subject to the further provisions O.C.G.A. 45-7-4(b) as to amount and effective date;
(b) To provide for discretionary increases of up to 4% for other department heads and officers whose salary is not set by statute.
(c) Subject to the provisions of O.C.G.A. 45-7-4(b), the amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007.

THURSDAY, MARCH 23, 2006

3035

3.) In lieu of other numbered items, (a) to provide for a 4% increase in the state base salary on the local teacher salary schedule of the State Board of education. This proposed 4% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule for the State Board of Education. The amounts of the appropriations in this item are calculated according to an effective date of September 1, 2006
(b) to provide for a 4% increase for local school bus drivers and lunchroom workers. The amounts of the appropriations in this item are calculated according to an effective date of July 1, 2006.
4.) In lieu of other numbered items, to provide a 4% funding level for teachers and other academic personnel within the Department of Early Care and Learning. The amounts of the appropriations in this item are calculated to commence August 1, 2006.
5.) In lieu of other numbered items, to provide a 4% funding level for merit increases for Regents faculty and non-academic personnel. The amounts of the appropriations in this item are calculated to commence January 1, 2007.
6.) In lieu of other numbered items, to provide a 4% salary increase for public librarians. The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007.
7.) In lieu of other numbered items, to provide for a 4% salary increase for teachers and support personnel within the Department of Technical and Adult Education. The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007.
Section 56: Supplemental Salary Adjustments

The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes:
1.) In addition to the general salary adjustment in Section 55, provide a supplemental salary adjustment to the Board of Pardons and Paroles sworn personnel job classes as follows: Parole Officer (Job Code:17527) and Parole Investigator

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JOURNAL OF THE SENATE

(Job Code:17529). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007.
2.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Department of Corrections sworn personnel job classes as follows: Correctional Officer (Job Code:17242), Probation Officer 1 and 2 (Job Code:17502), Fugitive Agent (Job Code:70403), Canine Handler (Job Code:17101), Sergeant OID (Job Code:17233), Sergeant GDC (Job Code:17234), Transfer Officer (Job Code:17264), Investigator GDC (Job Code:17478), Probation Surveillance (Job Code:17501) Probation Officer, Center (Job Code:17507), Probation Officer 3 (Job Code:17503) and Correctional Officer, Farm Services (Job Code:17259). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007
3.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Department of Public Safety sworn personnel job classes as follows: Trooper First Class (Job Code: 17708), Trooper (Job Code: 17706), Cadet (DPS) (Job Code: 17707), Trooper Cadet/Trooper School (Job Code: 17710), MCCD Officer Cadet (Job Code: 17805) MCCD Corporal (Job Code: 17804), and MCCD Sergeant (Job Code: 17803). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007.
4.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Department of Juvenile Justice sworn personnel job classes as follows: Juvenile Correctional Officer 1 (Job Code:17251), Juvenile Correctional Officer 2 (Job Code:17246), Transfer Officer (Job Code:17264), Juvenile Probation/Parole Specialist 1 (Job Code:17419) and Juvenile Probation/Parole Specialist 2 (Job Code:17423). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007.
5.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Georgia Bureau of Investigation sworn personnel job classes as follows: Special Agent 1 (Job Code:17456), Special Agent 2 (Job Code:17457), Special Agent 3 (Job Code:17453), ASAC/Multi-Jurisdic Task Force (Job Code:17433) and Narcotic Agent (Job Code:17497). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%.

THURSDAY, MARCH 23, 2006

3037

The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007.
6.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Department of Natural Resources sworn personnel job classes as follows: Conservation Ranger First Class (Job Code: 17907) and Conservation Ranger (Job Code: 17911)
Section 57: Budgetary Control and Interpretation

The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for State Funds, Federal Funds, and as provided by law for other funds, under a caption beginning with a program number and program name and ending with "Appropriation (HB 1027)," in each case as associated with the statement of Program Name and Program Purpose. Amounts in the other columns are for informational purposes only. The Program Purpose is stated immediately below the Program Name. Text in a group of lines that begin with a decimal number is not part of a statement of purpose and is for information only. For Section 49, titled the "State of Georgia General Obligation Debt Sinking Fund," the appropriations are in Program appropriations and more specifically in the authorizing paragraphs as amended, and the lines beginning with a decimal number are for informational purposes only. The blocks of text and numerals immediately following the Section header and beginning with the phrases, "Section Total Continuation" and "Section Totals Final" are for informational purposes only. Sections 50, 51, 52, 53, 54, 55, 56 and 57 contain, constitute or amend appropriations.
Effective Date

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Repeal Conflicting Laws

All laws and parts of laws in conflict with this act are repealed .

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On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver E Tate
Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 3.

HB 1027, having received the requisite constitutional majority, was passed by substitute.

Senator Hill of the 4th asked unanimous consent that HB 1027 be immediately transmitted to the House.
The consent was granted and HB 1027 was immediately transmitted.

Senator Hill of the 32nd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.

THURSDAY, MARCH 23, 2006

3039

HB 1092. By Representatives Manning of the 32nd, Stephens of the 164th, Cooper of the 41st, Brown of the 69th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for legislative findings; to provide for the creation of the Suicide Prevention Program; to provide for the duties and powers related to the program; to provide for staff for the program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Unterman of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1092, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

Senator Thomas of the 2nd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

HB 1106. By Representatives Graves of the 12th, Channell of the 116th, Loudermilk of the 14th, McCall of the 30th, May of the 111th and others:

A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to include the hauling of construction aggregates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1106, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 23, 2006

3041

Senator Wiles of the 37th asked unanimous consent to change the order of business in order to allow for the reading of a committee report from the Senate State and Local Governmental Operations Committee and to vote on a Supplemental Local Consent Calendar.

The consent was granted.

The following committee report was read by the Secretary:

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1034 HB 1035 HB 1036 HB 1037

Do Pass Do Pass Do Pass Do Pass

HB 1038 Do Pass HB 1039 Do Pass HB 1192 Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR

Thursday, March 23, 2006 Thirty-sixth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

HB 1192

Hill of the 32nd Moody of the 56th Tate of the 38th CITY OF SANDY SPRINGS

A BILL to be entitled an Act to create the City of Sandy Springs Public Facilities 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,

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JOURNAL OF THE SENATE

contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following six local bills relating to homestead exemptions requires a two-thirds roll-call vote for passage:

HB 1034

Hill of the 32nd Moody of the 56th Tate of the 38th CITY OF SANDY SPRINGS

A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1035

Hill of the 32nd Moody of the 56th Tate of the 38th CITY OF SANDY SPRINGS

A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1036 HB 1037 HB 1038

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3043

Hill of the 32nd Moody of the 56th Tate of the 38th CITY OF SANDY SPRINGS
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for senior citizens whose household income does not exceed $39,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Hill of the 32nd Moody of the 56th Tate of the 38th CITY OF SANDY SPRINGS
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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.
Hill of the 32nd Moody of the 56th Tate of the 38th CITY OF SANDY SPRINGS
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

3044 HB 1039

JOURNAL OF THE SENATE
Hill of the 32nd Moody of the 56th Tate of the 38th CITY OF SANDY SPRINGS
A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are disabled or are 70 years of age or over and who meet certain income limitations; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
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

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the local legislation, the yeas were 50, nays 0.

THURSDAY, MARCH 23, 2006

3045

The legislation on the Supplemental Local Consent Calendar, having received the requisite constitutional majority, was passed.
The Calendar was resumed.
HB 1121. By Representatives Smith of the 131st, Smith of the 129th, Yates of the 73rd, Warren of the 122nd, Smith of the 168th 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 sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction or improvement of the National Infantry Museum and Heritage Park at Fort Benning; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Harp of the 29th.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
February 6, 2006
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1121 (LC 14 9343)
Dear Chairman O'Neal:

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JOURNAL OF THE SENATE

This bill would provide for an exemption from sales and use tax on all sales of personal property used in direct connection with the construction or improvement of the National Infantry Museum and Heritage Park at Fort Benning.
The Georgia State University Fiscal Research Center has estimated that the cost to the state of this bill for the new Infantry Museum, with a $75 million construction budget, is between $900,000 - $1.5 million. If additional expenses are needed for the grounds, that cost could increase to $960,000 $1.6 million. The tax revenue lost from future yearly maintenance, repair and improvement costs is estimated to be less than $45,000. These amounts do not include lost county revenue. The Center provided the following analysis of the revenue impact of this bill:
To assess the revenue implications for the state of Georgia due to this bill, several facts or estimates are needed:
(1) The total construction budget for the Infantry Museum; (2) An estimate of construction material costs; and (3) An estimate of future maintenance, repair and improvement costs, including
materials costs.
The current estimated construction budget for the new Infantry Museum is $75 million. The proposed museum is going to be roughly 150,000 square feet and sit on a 200-acre Heritage Park in Fort Benning. It is unclear from newspaper accounts and press releases whether the $75 million is just for the construction of the museum or if it also includes improvements to the grounds around the museum. This analysis will examine both alternatives. Yearly repair, maintenance and improvement costs on such a project are difficult to estimate; however, they are likely to only account for a small fraction compared to the initial cost to the state.
Sales and use tax is only charged on purchases of building materials, not labor. The ratio of material cost to labor cost will vary from museum to museum. However, due to the specialized nature of museum construction, labor costs are higher than for a comparable general commercial project. An estimate of the range of material costs for a typical history museum might be between 30 percent and 50 percent of the total construction budget. Assuming the $75 million includes all construction costs, then the loss of revenue to the state would be between $900,000 - $1.5 million. This estimate is calculated using the current state sales and use tax rate of 4 percent.
The bill is unclear on whether county sales and use taxes are also exempted. Fort Benning is located in two Georgia counties: Muscogee and Chattahoochee. Each county charges a 3 percent county sales tax. Assuming that county sales taxes are

THURSDAY, MARCH 23, 2006

3047

also exempted would add an additional $675,000 - $1.125 million in lost county revenue.

If the budget does not include the improvements to the Heritage Park grounds, this would add additional cost to the state and county. Using figures from recently constructed museum grounds, a safe estimate for the improvements to the 200-acre grounds would be approximately $5 million. Assuming that the labor and materials cost ratios are the same as the museums, the state's estimated lost revenue will be between $60,000 - $100,000. The county will lose approximately $45,000 - $75,000.

The future costs of this legislation depend on future repairs, maintenance and improvements to the Infantry Museum and Heritage Park. If these annual expenses are assumed to be less than 10 percent of the initial construction budget and assuming a much lower materials cost of 15 percent, then yearly lost revenue to the state would not exceed $45,000 annually. Lost county revenue would not exceed $34,000 annually. These numbers are very speculative as it is difficult to forecast future maintenance and repairs that will be needed.

The estimated cost to the state of this bill for the new Infantry Museum is between $900,000 - $1.5 million. This assumes a total construction budget of $75 million. If additional funds are needed for the grounds, the cost to the state could increase to $960,000 $1.6 million. These figures do not include lost county revenue. If lost county revenue is included, the total costs increase to approximately $1.6 million $2.6 million. The state tax revenue lost from future yearly maintenance, repair and improvement costs is estimated to be less than $45,000.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Shelley C. Nickel, 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 Balfour
Y Brown

E Hill,Jack Y Hill,Judson E Hooks

Y Smith Y Starr Y Staton

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JOURNAL OF THE SENATE

Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

HB 1121, having received the requisite constitutional majority, was passed.

Senator Whitehead of the 24th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance 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.

Senator Schaefer of the 50th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

HB 1190. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th, Jones of the 46th and Ashe of the 56th:

A BILL to be entitled an Act to amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, so as to modify and clarify the processes by which collection of unpaid tolls may be accomplished; to alter the fees and penalties which may be assessed for failure to pay the proper toll; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hill of the 32nd.

THURSDAY, MARCH 23, 2006

3049

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch
Butler Y Cagle Y Carter E 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 E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E 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 Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead E Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

HB 1190, having received the requisite constitutional majority, was passed.

HB 1293. By Representatives Royal of the 171st, Floyd of the 147th, Roberts of the 154th, Channell of the 116th and O`Neal of the 146th:

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 constitute a breach of a conservation use covenant but incur a reduced penalty; 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.

3050

JOURNAL OF THE SENATE

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 E 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 E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

HB 1293, having received the requisite constitutional majority, was passed.

HB 376. By Representatives Loudermilk of the 14th, Fleming of the 117th, Lunsford of the 110th, Lewis of the 15th, Mills of the 25th and others:
A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Rogers of the 21st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 23, 2006

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 376, having received the requisite constitutional majority, was passed.

3051

Senator Stephens of the 27th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

Senator Douglas of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused.

Senator Johnson of the 1st asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

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JOURNAL OF THE SENATE

HB 654. By Representatives Reese of the 98th, Coan of the 101st, Maddox of the 172nd and Benfield of the 85th:
A BILL to be entitled an Act to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to provide for additional definitions relative to all-terrain vehicles; 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 E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tarver E Tate Y Thomas,D N Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 1.

HB 654, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 23, 2006

3053

HB 1112. By Representatives Smith of the 113th, Holt of the 112th, Butler of the 18th and Byrd of the 20th:

A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Grant of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman E 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 E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 1112, having received the requisite constitutional majority, was passed.

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.

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JOURNAL OF THE SENATE

Senator Hill of the 32nd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused.
HB 1241. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Fleming of the 117th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the athletic association provides for certain eligibility conditions for student athletes; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Douglas of the 17th.
Senators Miles of the 43rd and Henson of the 41st offered the following amendment:

Amend HB 1241 (LC 33 1309S) by inserting on line 6, page 1, immediately following "definition;" "to further amend Article 27 of Chapter 2 to provide for the offense of failing to supervise a child."
By inserting immediately following line 25, page 1: "Section 1.1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by adding a new Code Section 20-2-1184.1 to read as follows: 20-2-1184.1. A person commits the offense of failing to supervise a child when: (1) Such person is the child's parent, guardian, or other person supervising the welfare of or having immediate charge or custody of the child; and (2) the child commits an act which violates a student code of conduct pursuant to Code Section 20-2-751.5. A person convicted of this offense shall be guilty of a misdemeanor."
Senator Harp of the 29th requested a ruling of the Chair as to the germaneness of the amendment.
The President ruled the amendment not germane.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 23, 2006

3055

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden E Grant E Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1241, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following Bill of the House:

HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007.

The Calendar was resumed.

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HB 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Hill of the 32nd.
The Senate Judiciary Committee offered the following substitute to HB 1421:
A BILL TO BE ENTITLED AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to demand for trial and announcement of readiness for trial; to require a demand for speedy trial be filed and served as a separate document and labeled as a demand for speedy trial; to change provisions relating to demand for speedy trial and service of such demand; to provide for procedures relating to demand for speedy trial in capital cases; to correct cross-references; to amend Code Section 38-3-62 of the Official Code of Georgia Annotated, relating to suspension or tolling of deadlines and time schedules in the event of a judicial emergency, so as to correct a cross-reference; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-7-170, relating to demands for trial, and inserting in lieu thereof the following:
17-7-170. (a) Any person defendant against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the persons defendants life may enter a demand for speedy trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, he or she the defendant may at any subsequent court term thereafter demand a speedy trial. In either case, the demand for speedy trial shall be filed with the clerk of

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3057

court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. A demand for speedy trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a part of any other pleading or document. Such demand shall clearly be titled 'Demand for Speedy Trial'; reference this Code section within the pleading; and identify the indictment number or accusation number for which such demand is being made. The demand for speedy trial shall be binding only in the court in which the demand for speedy trial is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If the person defendant is not tried when the demand for speedy trial is made or at the next succeeding regular court term thereafter, provided that at both court terms there were juries impaneled and qualified to try the person, defendant, the person defendant shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held. (c) Any demand for speedy trial filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere. (d) If a case in which a demand for speedy trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for speedy trial must shall be filed within the term of court in which the remittitur from the appellate court is received by the clerk of court or at the next succeeding regular court term thereafter. (e) If the case in which a demand for speedy trial has been filed as provided in this Code section results in a mistrial, the case shall be tried at the next succeeding regular term of court.
SECTION 2. Said title is further amended by striking Code Section 17-7-171, relating to time for demand for trial in capital cases, and inserting in lieu thereof the following:
17-7-171. (a) Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, he the defendant may at any subsequent term thereafter demand a speedy trial. The demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. A demand for trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a part of any other pleading or document. Such demand shall clearly be titled 'Demand for Speedy Trial'; reference this Code section within the pleading; and identify the

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indictment number or accusation number for which such demand is being made. The demand for speedy trial shall be binding only in the court in which such demand is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If more than two regular terms of court are convened and adjourned after the term at which the demand for speedy trial is filed and the defendant is not given a trial, then he the defendant shall be absolutely discharged and acquitted of the offense charged in the indictment, provided that at both terms there were juries impaneled and qualified to try the defendant and provided, further, that the defendant was present in court announcing ready for trial and requesting a trial on the indictment. (c) In cases involving a capital offense for which the death penalty is sought, if a demand for speedy trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section 17-10-35.1.
SECTION 3. Said title is further amended by striking Code Section 17-7-172, relating to requirement of announcement of readiness for trial prior to announcement by defendant, and inserting in lieu thereof the following:
17-7-172. The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement.
SECTION 4. Said title is further amended by striking Code Section 17-8-21, relating to when a showing for a continuance is required of the state, and inserting in lieu thereof the following:
17-8-21. In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor.
SECTION 5. Said title is further amended by striking subsection (c) of Code Section 17-8-31, relating to grounds for granting of continuances, and inserting in lieu thereof the following:
(c) In cases in which a demand for speedy trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the court shall grant the continuance if the party moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that:
(1) The witness is material and necessary;

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(2) The witness is located outside the territorial limits of the state; (3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and (4) The witness will not be available within the time limits prescribed by Code Section 17-7-170 or 17-7-171. This continuance shall toll the running of the demand for speedy trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court.
SECTION 6. Code Section 38-3-62 of the Official Code of Georgia Annotated, relating to suspension or tolling of deadlines and time schedules in the event of a judicial emergency, is amended by striking paragraph (3) and inserting in lieu thereof the following:
(3) The time within which to try a case for which a demand for speedy trial has been filed;
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Senator Williams of the 19th moved the previous question. There were no objections and the previous question was ordered.
Senators Fort of the 39th and Reed of the 35th offered the following amendment #1:
Amend the Senate Judiciary Committee substitute to HB 1421 by striking line 2 of page 1 and inserting in lieu thereof the following: so as to change provisions relating to notices and pleadings in criminal proceedings; to change provisions relating to demand for trial and announcement of readiness for
By inserting after "references;" on line 6 of page 1 the following: to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the victims race, religion, gender, national origin, or sexual orientation;
By inserting between lines 11 and 12 of page 4 the following: SECTION 5.1.
Said title is further amended by striking the introductory language in subsection (a) of Code Section 17-10-17, relating to sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole, and inserting in lieu thereof the following:

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(a) Subject to the notice requirement provided in Code Section 17-10-18 and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of bias or prejudice the victims race, religion, gender, national origin, or sexual orientation, the judge imposing sentence shall:

Senator Wiles of the 37th offered the following amendment #1a:

Amend Amendment #1 to the Senate Judiciary Committee substitute to HB 1421 by deleting the word "shall" on line 20 and replacing it with "may".

On the adoption of the amendment, the yeas were 44, nays 0, and the Wiles amendment #1a was adopted.

Senator Hill of the 32nd offered the following amendment #1b:

Amend Amendment #1 to the Senate Judiciary Committee substitute (LC 29 2374S) to HB 1421 by striking "or any property" on line 18 page 1.

Senator Hill of the 32nd asked unanimous consent that his amendment #1b be withdrawn. The consent was granted and the amendment was withdrawn.

Senator Hill of the 32nd offered the following amendment #1c:

Amend Amendment #1 to the Senate Judiciary Committee substitute to HB 1421 by insert after the word "defendant" on line 8 and insert "who is age 18 or over and" strike "selected" and insert "selects" and

insert after the word "defendant" on line 18 and insert "who is age 18 or over and" and strike "selected" and insert "selects"

On the adoption of the amendment, Senator Adelman of the 42nd, called for the yeas and nays; the call was sustained, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles

Y Smith E Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R

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Y Douglas N Fort N Goggans N Golden Y Grant E Hamrick N Harbison N Harp Y Heath N Henson

N Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Thompson,C Y Thompson,S Y Tolleson N Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 30, nays 23, and the Hill of the 32nd amendment #1c was adopted.

On the adoption of the amendment, the yeas were 30, nays 17, and the Fort, Reed amendment #1 was adopted as amended.

On the adoption of the substitute, the yeas were 35, nays 11, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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 N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant Y Hamrick

N Hill,Jack Y Hill,Judson E Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles Y Moody N Mullis N Pearson Y Powell Y Reed N Rogers

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

N Schaefer N Seabaugh Y Seay N Shafer,D

N Wiles N Williams Y Zamarripa

On the passage of the bill, the yeas were 30, nays 24.

HB 1421, having received the requisite constitutional majority, was passed by substitute.

The following bill was taken up to consider House action thereto:

HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007.
Senator Williams of the 19th asked unanimous consent that the Senate insist on its substitute to HB 1027.
The consent was granted and the Senate insisted on its substitute to HB 1027.
Senator Williams of the 19th asked unanimous consent that the Secretary of the Senate be instructed to cast the vote of the entire Senate to adhere to its substitute to HB 1027 and appoint the following Senators as Conferees: Hill of the 4th, Stephens of the 27th and Williams of the 19th.
Senator Williams of the 19th moved that the Senate stand in recess until 9:00 p.m. tonight, then adjourn until 9:00 a.m. Friday, March 24, 2006.
At 4:45 p.m. the President announced that the motion prevailed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

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HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007.
The Speaker has appointed on the part of the House, Representatives Burkhalter of the 50th, Harbin of the 118th, Keen of the 179th.
The following bill was addressed to respond to House action thereto:
HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007.
Prior to a previously adopted motion, the Senate adhered to its substitute to HB 1027 and a Conference Committee was appointed.
Appointed as a Conference Committee were the following Senators: Hill of the 4th, Stephens of the 27th and Williams of the 19th.
The Senate adjourned at 9:00 p.m.

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Senate Chamber, Atlanta, Georgia Friday, March 24, 2006
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 Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House:

HB 1628. By Representatives Brown of the 69th and Smith of the 129th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, so as to provide for meetings of said board; to provide certain changes relating to the manner competitive bids are taken; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1635. By Representative Greene of the 149th:
A BILL to be entitled an Act to authorize the Magistrate Court of Early County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1636. By Representatives Cooper of the 41st, Tumlin of the 38th, Parsons of the 42nd, Jones of the 44th, Wix of the 33rd and others:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3846), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

The House has passed by the requisite constitutional majority the following Bills of the Senate:

SB 27.

By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration of private military vehicles; to provide that the commissioner of motor vehicle safety shall implement rules and regulations relating to the registration of private military vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 202. SB 260.

By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for additional grant certification requirements with respect to subrecipients and units of local government; to repeal conflicting laws; and for other purposes.
By Senators Johnson of the 1st and Wiles of the 37th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to repeal provisions relating to furnishing and approval of bonds by said officers; to provide for related matters; to repeal conflicting laws; and for other purposes.

3066 SB 384. SB 454. SB 469.
SB 530.

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By Senators Hudgens of the 47th and Rogers of the 21st:
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 Interstate Insurance Product Regulation Compact; to help states join together to establish an interstate compact to regulate designated insurance products; to provide for implementation of such compact; to provide for the Interstate Insurance Product Regulation Commission; to provide for organization of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senators Douglas of the 17th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to require patrol vehicle markings for Georgia State Patrol vehicles and exclude other vehicles used by the Department of Public Safety from the marking requirements; to increase the number of solid color marked vehicles allowed per post; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th and Reed of the 35th:
A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the updating of provisions relating to corporations, partnerships, and associations; to provide confirmation when an order for relief with respect to a corporation has been entered pursuant to the federal Bankruptcy Code of the power and authority of such corporation to take action pursuant to the decree of order or the court or judge in such bankruptcy proceedings; to provide that a board of directors can commit a corporation to submit a matter for shareholder approval even if the board of directors subsequently determines to recommend against it later; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senators Weber of the 40th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, so as to change certain provisions relating to such liens, the conditions under which they attach, the

SB 578. SB 593. SB 618.

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3067

property to which they attach, and the value for which they are created; to provide for other related matters; to repeal conflicting laws; and for other purposes.
By Senators Whitehead, Sr. of the 24th, Cagle of the 49th, Hudgens of the 47th, Tolleson of the 20th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the O.C.G.A., relating to sewage holding tanks, and Chapter 2 of Title 31 of the O.C.G.A., relating to the Department of Human Resources, so as to provide that a commercial waste tank truck receiving or disposing of commercial waste may be inspected and permitted annually pursuant to rules and regulations promulgated by the Department of Human Resources; to provide for certain provisions allowing for the satisfaction of Title 12 inspection requirements by inspections required in Title 31; to provide for certain provisions allowing for the satisfaction of Title 31 inspection requirements by inspections required in Title 12; to provide that inspections satisfied in one county or municipality in the state shall be accepted throughout the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senator Douglas of the 17th:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in certain districts of Henry County for the purpose of ascertaining whether the voters of such districts desire the governing authority of Henry County to adopt by policy or ordinance measures to oppose or prevent the expansion of a certain airport in Henry County and whether the governing authority shall take whatever action is legally available to request or prevent the expansion of such airport in any other county; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senator Moody of the 56th:
A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the Department of Juvenile Justice or the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 652. By Senator Thompson of the 33rd:

A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, so as to revise the districts for the election of members of the city council; to provide for definitions and inclusions; to provide for manner 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 repeal conflicting laws; and for other purposes.

The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate:

SR 849.

By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Stoner of the 6th and Thompson of the 33rd:

A RESOLUTION honoring the life and service of Kimberly Boyd and dedicating the Kimberly Boyd Memorial Bridge; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate:

SB 136.

By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:

A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 531.

By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd:

A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

SB 236. By Senators Hudgens of the 47th and Brown of the 26th:

A BILL to be entitled an Act to amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to repeal conflicting laws; and for other purposes.

SB 253.

By Senators Smith of the 52nd, Weber of the 40th, Carter of the 13th, Meyer von Bremen of the 12th and Hamrick of the 30th:

A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide alternative methods for obtaining a Certificate of Permanent Location; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 285. By Senator Rogers of the 21st:

A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 380.

By Senators Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Tolleson of the 20th, Cagle of the 49th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the O.C.G.A, relating to agricultural commodity commissions generally, so

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SB 385. SB 515. SB 520.

JOURNAL OF THE SENATE
as to make certain provisions for an agricultural commodity commission for equines; to change certain provisions relating to definitions relative to said article; to change certain provisions relating to composition, appointments, terms of office, and compensation of commodity commission members, certification of membership to the Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to change certain provisions relating to authorization for issuance of marketing orders, notice, public hearing, record, reports from handlers, compilation of lists of producers and handlers, and use of information in reports; to repeal conflicting laws; and for other purposes.
By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Starr of the 44th and Thomas of the 54th:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to expand the grades of eligibility for the remedial education program; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senators Johnson of the 1st, Kemp of the 46th, Douglas of the 17th and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and revolver to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 529.

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3071

By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

SB 532.

By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. so as to enhance the protection of facilities licensed by the United States Nuclear Regulatory Commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate substitute to the following Bill of the House:

HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th:
A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has disagreed to the Senate substitute to the following Bill of the House:

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HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House insists on its position in disagreeing to the Senate substitutes, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bills of the House:

HB 173. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Graves of the 12th, Lunsford of the 110th, Smith of the 129th.
HB 912. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain provisions relating to applicability to nonparties; to provide that silence may act as a waiver under certain circumstances; to change certain provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Fleming of the 117th, Hatfield of the 177th, Jackson of the 161st, O`Neal of the 146th.

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3073

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 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Fleming of the 117th, Lunsford of the 110th, Ralston of the 7th.

The following Senate legislation was introduced, read the first time and referred to committee:
SR 1282. By Senator Balfour of the 9th:
A RESOLUTION creating the Senate Annexation Study Committee; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 1628. By Representatives Brown of the 69th and Smith of the 129th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, so as to provide for meetings of said board; to provide certain changes relating to the manner competitive bids are taken; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1635. By Representative Greene of the 149th:

A BILL to be entitled an Act to authorize the Magistrate Court of Early County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1636. By Representatives Cooper of the 41st, Tumlin of the 38th, Parsons of the 42nd, Jones of the 44th, Wix of the 33rd and others:

A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3846), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1380 Do Pass by substitute Mr. President:

Respectfully submitted, Senator Bulloch of the 11th District, Chairman

The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HR 1094 Do Pass by substitute

Respectfully submitted, Senator Hill of the 4th District, Chairman

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3075

Mr. President:
The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1323 Do Pass by substitute HR 1339 Do Pass
Respectfully submitted, Senator Mullis of the 53rd District, Chairman
Mr. President:
The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1239 Do Pass by substitute
Respectfully submitted, Senator Moody of the 56th District, Chairman
Mr. President:
The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1141 Do Pass by substitute
Respectfully submitted, Senator Unterman of the 45th District, Chairman
Mr. President:
The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1359 Do Pass by substitute
Respectfully submitted, Senator Hudgens of the 47th District, Chairman

3076 Mr. President:

JOURNAL OF THE SENATE

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 57 Do Pass HB 1399 Do Pass HB 1417 Do Pass

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 728 Do Pass by substitute HB 973 Do Pass HB 1193 Do Pass

HB 1209 Do Pass HB 1392 Do Pass by substitute HB 1497 Do Pass

Respectfully submitted, Senator Kemp of the 46th 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 101 Do Pass by substitute

Respectfully submitted, Senator Heath of the 31st District, Chairman

FRIDAY, MARCH 24, 2006

3077

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 343 Do Pass HB 1246 Do Pass SR 961 Do Pass

SR 1077 Do Pass SR 1236 Do Pass

Governor's Executive Appointments Do Pass

Pursuant to Senate Rule 2-1.10(b) the Senate Rules Committee ordered the following legislation recommitted from the General Calendar to the Rules Committee:

HB 1157

HB 1502

Mr. President:

Respectfully submitted, Senator Balfour of the 9th District, Chairman

The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1290 Do Pass by substitute Mr. President:

Respectfully submitted, Senator Shafer of the 48th District, Chairman

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 831 HB 860 HB 1208 HB 1428 HB 1429 HB 1544 HB 1545

Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1600 HB 1620 HB 1626 HB 1627 HB 1629 HB 1630 SB 663

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

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Mr. President:

The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 955 HB 1097 HB 1177 HB 1412

Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute

HR 413 HR 1109 HR 1302 HR 1548

Do Pass by substitute Do Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Stephens of the 27th District, Chairman

Mr. President:

The Veterans and Military Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 988 Do Pass by substitute SR 1127 Do Pass

Respectfully submitted, Senator Douglas of the 17th District, Chairman

The following legislation was read the second time:

HB 57 HB 101 HB 343 HB 728 HB 955 HB 973

HB 988 HB 1097 HB 1141 HB 1177 HB 1193 HB 1209

HB 1239 HB 1246 HB 1290 HB 1323 HB 1359 HB 1380

HB 1392 HB 1399 HB 1412 HB 1417 HB 1497

HR 413 HR 1094 HR 1109 HR 1302 HR 1339

HR 1548 SR 961 SR 1077 SR 1127 SR 1236

By unanimous consent the roll call was dispensed with.
The members pledged allegiance to the flag.
Senator Wiles of the 37th introduced the chaplain of the day, Reverend Richard Kidd of Acworth, Georgia, who offered scripture reading and prayer.

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3079

The following resolutions were read and adopted:
SR 1285. By Senator Unterman of the 45th:
A RESOLUTION commending Reverend Larry Wynn; and for other purposes.
SR 1286. By Senator Tolleson of the 20th:
A RESOLUTION recognizing and commending Lt. General Cuthbert A. (Bill) Pattillo; Major General Charles C. (Buck) Pattillo, Major General Joel B. (Bill) Paris III, General John F. (Big John) Collins; and for other purposes.
SR 1287. By Senators Brown of the 26th, Butler of the 55th, Miles of the 43rd and Fort of the 39th:
A RESOLUTION recognizing April 7, 2006, as "Seventh District, Omega Psi Phi Fraternity, Inc., Day"; and for other purposes.
SR 1288. By Senators Staton of the 18th and Brown of the 26th:
A RESOLUTION expressing regret at the passing of Thomas McRae Hamilton Robinson; and for other purposes.
SR 1289. By Senator Unterman of the 45th:
A RESOLUTION commending Mrs. Dorothy "Sue" Lindstrom; and for other purposes.

Senator Stephens of the 27th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.
The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Friday, March 24, 2006 Thirty-seventh Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

3080 SB 663
HB 831
HB 860

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Thompson of the 5th Balfour of the 9th Henson of the 41st Shafer of the 48th Unterman of the 45th Butler of the 55th GWINNETT COUNTY
A BILL to be entitled an Act to amend an Act creating the Gwinnett County Arts Facility Authority, approved April 14, 1991 (Ga. L. 1991, p. 3542), so as to change the number of times each year the authority shall meet; to repeal conflicting laws; and for other purposes.
Tarver of the 22nd Powell of the 23rd RICHMOND COUNTY
A BILL to be entitled an Act to amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved February 4, 2002 (Ga. L. 2002, p. 3505), so as to provide for the compensation of certain officials in Richmond County; to provide for conforming amendments; to provide an effective date; 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 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. (SUBSTITUTE)

HB 1208 HB 1544 HB 1545 HB 1600

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Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Miles of the 43rd ROCKDALE COUNTY
A BILL to be entitled an Act to provide that the chief magistrate and other magistrates of the Magistrate Court of Rockdale County meet certain qualifications to hold office; to provide that such chief magistrate and other magistrates must have actively practiced law for at least three years in this state immediately before taking office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Reed of the 35th UNION CITY
A BILL to be entitled an Act to authorize the City of Union City 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.
Seabaugh of the 28th Hamrick of the 30th CARROLL COUNTY
A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School

3082 HB 1620
HB 1626 HB 1627

JOURNAL OF THE SENATE
District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Miles of the 43rd CITY OF LITHONIA
A BILL to be entitled an Act to provide a new charter for the City of Lithonia in DeKalb County, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, 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 thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for severability; to repeal conflicting laws; and for other purposes.
Hill of the 4th CITY OF GUYTON
A BILL to be entitled an Act to annex certain territory into the City of Guyton and change the corporate limits of the city; to provide for related matters; to provide for a referendum; to provide for submission; to provide effective dates; to repeal conflicting laws; and for other purposes.
Carter of the 13th LEE COUNTY
A BILL to be entitled an Act to amend an Act to create the Lee County Parks and Recreation Authority, approved May 17, 2004

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3083

(Ga. L. 2004, p. 3788), so as to provide terms for members; to provide for the removal of office for cause; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

HB 1629

Carter of the 13th LEE COUNTY

A BILL to be entitled an Act to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3697), so as to provide for terms for authority members; to provide for removal from office of authority members under certain circumstances; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

HB 1630

Carter of the 13th LEE COUNTY

A BILL to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to provide for the establishment of terms of offices for members of local authorities; to provide for the removal of members of such authorities for cause; to provide for related matters; 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 two local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

HB 1428

Smith of the 52nd CITY OF CALHOUN

A BILL to be entitled an Act to provide for homestead exemptions from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; 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.

HB 1429

Smith of the 52nd Thomas of the 54th GORDON COUNTY

A BILL to be entitled an Act to provide for homestead exemptions from Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemptions 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 substitute to the following bill was put upon its adoption:

*HB 860:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 860:

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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), is

FRIDAY, MARCH 24, 2006

3085

amended by striking Section 9 and inserting in lieu thereof the following: SECTION 9.
The chairperson and each member of the Board of Education of DeKalb County shall be paid $14,500.00 per year as their compensation for services rendered and for attendance at all regular and special meetings of the board.

SECTION 2. This Act shall become effective on July 1, 2006.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

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
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R
Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local bills, the yeas were 46, nays 0.

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The bills on the Local Consent Calendar, except HB 860 having received the requisite constitutional majority, were passed.

HB 860, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR FRIDAY, MARCH 24, 2006
THIRTY-SEVENTH LEGISLATIVE DAY

HB 379

Employees' Retirement; disability benefits; eligibility provisions (Substitute)(RET-31st) Bridges-10th

HB 1145 Juvenile proceedings; mental health; change provisions (Substitute) (JUDY-46th) Ralston-7th

HB 1305 Seed - Capital Fund; investments; provisions (FIN-16th) Amerson-9th

HR 1306 Condemnation of property; redevelopment purposes; approved by vote; require - CA (JUDY-9th) Golick-34th

HB 1313 Eminent domain; comprehensive revision of provisions; provide (Substitute)(JUDY-9th) Golick-34th

HB 513

Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation (PS&HS-53rd) Scott-153rd

HB 1320 Environmental offenses; littering; revise provisions (Substitute) (NR&E-49th) Smith-70th

HB 1358 Quality Basic Education Act; class size requirements; change provisions (ED&Y-56th) Coleman-97th

HB 1372 State health benefit plans; termination of coverage; provisions (Substitute) (I&L-47th) Harbin-118th

HB 111

Sales and use tax; change certain definitions (Substitute)(FIN-31st) O`Neal-146th

HB 1373 Budgetary Responsibility Oversight Committee; repeal creation (Substitute)(APPROP-4th) Harbin-118th

HB 1059 Sexual offenders; punishment; registration requirements; change provisions (Substitute)(JUDY-30th) Keen-179th

FRIDAY, MARCH 24, 2006

3087

HB 1435 HB 1211 HB 1496 HB 1249 HB 1273 HB 194 HB 1361 HB 239 HB 268 HB 1083 HB 1168 HB 1184 HB 1216 HB 1236 HB 1240

Voting; persons with disabilities; provisions (SLGO(G)-27th) Burmeister-119th
Southern Appalachian brook trout; official state cold water game fish; designate (RULES-52nd) Reese-98th
Waycross Judicial Circuit; term of court; change (JUDY-7th) Hatfield-177th
Ad valorem taxation exemption; watercraft in inventory; provide (FIN-49th) Reece-27th (ENGROSSED)
Security deposits; escrow accounts; change certain provisions (S JUDY-12th) O`Neal-146th
Income tax credit; teleworking for limited period of time (Substitute) (FIN-49th) Martin-47th (ENGROSSED)
Redevelopment Powers Law; change certain definitions (FIN-49th) Martin-47th
Civil practice; settlement offers; litigation costs (Substitute)(JUDY-52nd) Fleming-117th
District attorneys, assistant district attorneys, district attorney investigators; compensation (Substitute)(JUDY-52nd) Crawford-127th
Georgia Medical Center Authority; projects; change definition (H ED-24th) Harbin-118th
Winery; tasting room; permit sales (ECD-53rd) Stephens-164th
Herty Foundation; change name (Substitute)(ECD-14th) Stephens-164th
All-terrain vehicles; law enforcement agencies; allow use (PS&HS-13th) Freeman-140th
Motor vehicles; registration; place of return; amend (PS&HS-32nd) Wilkinson-52nd
Workers' compensation; certain requirements; provide (I&L-47th) Coan-101st

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HB 1292 HB 1294 HB 1325 HB 1326 HB 1404 HB 1405 HB 1423 HB 1436 HB 1451 HB 1483 HB 834 HB 1542 HB 1054 HB 801 HB 1456

Prison chaplains appreciation day; create (RULES-11th) Keown-173rd
Education; nonlapsing revenue of institutions; change certain provisions (H ED-29th) Smith-113th
Natural gas; distribution; provisions (Substitute)(RI&Util-32nd) Lewis15th
State-wide Reserve Ratio; contribution rates; change certain provisions (I&L-47th) Coan-101st
Commissioner of Agriculture; farmers' market; change provisions (AG&CA-11th) McCall-30th
Workers' compensation; time frame for claim to be documented; require (I&L-47th) Coan-101st
Gwinnett County; superior court; change terms (SLGO(G)-45th) Cox-102nd
Wine; restaurant patrons; resealed partially consumed bottle; authorize (Substitute)(RI&Util-9th) Smith-113th
Long-term Care Partnership Program; revise certain definitions (Substitute)(H&HS-7th) Sheldon-105th
Quality Basic Education Act; amend provisions (ED&Y-40th) Parsons-42nd
Sales tax exemption; fuel for certain swine raising purposes (FIN-11th) Roberts-154th
Contractors; licensing requirements; extend date (RI&Util-51st) Ralston-7th
Controlled substances; certain classes; change provisions (Substitute) (H&HS-54th) Stephens-164th
Physical therapists; licenses; eliminate certain requirement (H&HS-24th) McCall-30th
Accident and sickness policy; age of dependent; provisions (Substitute) (I&L-48th) Meadows-5th

FRIDAY, MARCH 24, 2006

3089

HB 1252 HB 1244
HB 1282 SR 1170

Driver training schools; definitions; provide (H ED-46th) Rice-51st
Motor fuel; public mass transit; change certain provisions (Substitute) (FIN-21st) Scott-2nd
Deeds; recording; provisions (S JUDY-41st) Ralston-7th
National Bio and Agro-Defense Facility; urge Governor to continue pursuit; expressing Senate's support of his efforts (PS&HS-46th)
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Fort of the 39th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.

Senator Hamrick of the 30th moved to engross HB 1059, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens E Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell
Reed Y Rogers Y Schaefer

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath
Henson

Y Seabaugh Seay
Y Shafer,D

Y Williams N Zamarripa

On the motion, the yeas were 32, nays 19, the motion prevailed; and HB 1059 was engrossed.

Senator Cagle of the 49th moved to engross HB 1320, which was on today's Senate Rules Calendar.

Senator Balfour of the 9th objected.

Senator Cagle of the 49th asked unanimous consent to withdraw his motion to engross and that HB 1320 be dropped to the foot of today's Senate Rules Calendar.

The consent was granted, and HB 1320 was placed at the foot of the Rules Calendar.

Senator Cagle of the 49th moved to engross HB 111, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell
Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

FRIDAY, MARCH 24, 2006

3091

On the motion, the yeas were 34, nays 19, the motion prevailed; and HB 111 was engrossed.

Senator Cagle of the 49th moved to engross HB 1361, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y 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
Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 33, nays 20, the motion prevailed; and HB 1361 was engrossed.

Senator Cagle of the 49th moved to engross HB 834, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown

Y Hill,Jack Y Hill,Judson N Hooks

Y Smith N Starr Y Staton

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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 Hudgens Johnson
N Jones Y Kemp
Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell
Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 33, nays 18, the motion prevailed; and HB 834 was engrossed.

Senator Cagle of the 49th moved to engross HB 1244, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Goggans N Golden Y Grant Y Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell
Reed Y Rogers Y Schaefer

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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3093

Y Harp Y Heath N Henson

Y Seabaugh Seay
Y Shafer,D

Y Williams N Zamarripa

On the motion, the yeas were 33, nays 18, the motion prevailed; and HB 1244 was engrossed.

Senator Bulloch of the 11th introduced John Douglas Harrell, commended by SR 1279, adopted previously.

The following legislation was read the third time and put upon its passage:

HB 379. By Representatives Bridges of the 10th, Cummings of the 16th, Heath of the 31st and Heath of the 31st:

A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system employed on or after July 1, 2006, who has an impairment which prevents him or her from performing his or her duties in the position he or she held at the onset of the impairment shall not be entitled to receive a disability allowance unless his or her employer certifies that there is no available position comparable in compensation which such employee is capable of performing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
Russell W. Hinton STATE AUDITOR (404) 656-2174
February 3, 2005

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The Honorable Ben Bridges State Representative State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill (LC 21 8119)
Dear Representative Bridges:
This bill would amend provisions relating to disability allowances under the Employees' Retirement System. Specifically, this bill would affect members who first or again become employed on or after July 1, 2006 and later become eligible for disability benefits. Under the provisions of this bill, such members would not be eligible for disability benefits if their employer was able to find the member a position in the department that is comparable in compensation and appropriate given the medical or physical impairments of the member.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,
/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
October 4, 2005
Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

FRIDAY, MARCH 24, 2006
SUBJECT: Actuarial Investigation House Bill 379 (LC 21 8119) Employees' Retirement System

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Dear Chairman Bridges:

This bill would amend provisions relating to disability allowances under the Employees' Retirement System. Specifically, this bill would affect members who first or again become employed on or after July 1, 2006 and later become eligible for disability benefits. Under the provisions of this bill, such members would not be eligible for disability benefits if their employer was able to find the member a position in the department that is comparable in compensation and appropriate given the medical or physical impairments of the member.

Since this legislation only affects employees who are hired on or after July 1, 2006, this bill would not have an immediate fiscal impact on the Employees' Retirement System. The fiscal impact is further delayed since members are required to have 13 years and 4 months of creditable service before they become eligible for disability benefits. There would be no change in the employer contribution rate or the unfunded actuarial accrued liability as a result of this bill. It should be noted that this bill may slightly reduce future costs since the number of members who may qualify for disability benefits could be reduced.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$0

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$0

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

N/A

(4) The amount of the annual normal cost which will result from the bill. $ 0

(5) The employer contribution rate currently in effect.

10.41%

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(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 10.41%

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigations and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
March 2, 2006
The Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Substitute to House Bill 379 (LC 21 8878S)
Dear Chairman Bridges:
This bill would amend provisions relating to disability allowances under the Employees' Retirement System. Under the provisions of this bill, members who apply for disability retirement benefits would be required to submit a copy of their application, and supporting documentation, to their agency. Upon receipt of such application, the agency

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head would then interview the member to determine if he or she is qualified for an alternative position. If the member is offered an alternative position, the agency head must contact the Board of Trustees regarding such offer, and no disability benefits will be approved until such matter is resolved. The provisions of this bill provide members with an opportunity to appeal decisions when an offer for an alternative position has been made, and the member does not agree that they are capable of performing the job. Once a case enters the appeals process, the medical board becomes responsible for determining whether the member is capable of performing tasks in an alternative position or whether disability retirement benefits should be granted. If the board determines that the member is capable of performing such duties, and the member still refuses to accept the position, the member will not be eligible for disability benefits.
This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for (LC 21 8119) would also apply to (LC 21 8878S).
Respectfully,
/s/ Russell W. Hinton State Auditor
The Senate Retirement Committee offered the following substitute to HB 379:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system applying for a disability retirement shall notify the employing agency; to provide that the employing agency shall determine if an alternative position is available for such employee; to provide conditions for such alternative employment; to provide for a written offer and acceptance or appeal; to provide procedures for an appeal; to provide that such employee who refuses to accept an offer of alternative employment shall not be eligible for a disability retirement; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, is amended by striking in its entirety subsection (b) of Code Section 47-2-123, relating to allowance payable upon death,

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disability, or involuntary separation from employment under the Employees Retirement System of Georgia, restrictions on separating from employment, restrictions on separating from state service, and employee entitled to involuntary separation benefits, and inserting in lieu thereof the following:
(b)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, any
Any member in service who has at least 15 years of creditable service may be retired on a disability allowance by the board of trustees, upon written application to the board of trustees by the member or his or her employer and upon certification by the medical board that he or she is medically or physically incapable of further performance of his or her duties in the position he or she held at the time his or her disability originated, that incapacity is likely to be permanent, and that he or she should be retired; provided, however, that the medical board shall not consider any evidence of such disability which is not submitted within 12 months after the date the member submits his or her first application for a disability retirement. The board of trustees may retire such member not less than 30 days nor more than 90 days after execution and filing of the written application. (2) A member making application for a disability retirement pursuant to paragraph (1) of this subsection shall at the same time submit a copy of such application together with any supporting documentation accompanying such application to his or her employing agency. The member shall thereafter provide the employing agency with any additional information or documentation which he or she submits to the board of trustees in conjunction with such application. (3) After receipt of the notice provided for in paragraph (2) of this subsection, the head of the members agency or his or her designee shall conduct an interview with the member applying for disability retirement; provided, however, that any designee of the head of an agency shall be an official at such agency who is above the level of the applicants immediate supervisor and who has the authority to make job assignment decisions. The interview shall be held within ten business days after receipt of such notice. Based on the interview and information received by the agency pursuant to paragraph (2) of this subsection, the agency head or his or her designee shall determine if an alternative position is available for the member which meets the following requirements:
(A) The physical requirements for such position are compatible with the members physical limitations; (B) The annual compensation and possibility for future advancement for such position shall be the same as or greater than that of the current position of the member; (C) The duties for such position shall be reasonably compatible with the experience and educational qualifications of the member; (D) The position shall be one which includes the holder thereof as a member of the retirement system provided for by this chapter; and (E) The position must be available for acceptance by the member and an offer of the position to the official or member must be made, in writing, by not later than 45

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days after the member submitted his or her application for a disability retirement. An agency making an offer of alternative employment as provided in this paragraph shall so notify the board of trustees within 45 days after the member submitted his or her application for a disability retirement. After receipt of such notice, the board of trustees shall not approve a disability retirement until the procedures of paragraph (4) of this subsection are resolved. (4) Any member applying for a disability retirement who is offered a position of employment in conformity with the requirements of paragraph (3) of this subsection shall accept the offer or dispute his or her ability to perform the tasks required by the position offered by submitting a written appeal to the agency and to the board of trustees within 30 days after receiving the offer. In the event of an appeal, the agency shall promptly submit to the medical board a detailed description of the requirements of the position offered and the medical board shall determine, based upon all information available to it, whether the member is reasonably capable of performing such tasks. The decision of the medical board shall be final. If the medical board determines that the member is unable to perform the tasks required either by the position held at the time of the application for a disability retirement or the position offered, the member shall be placed on disability retirement immediately. (5) A member who refuses to accept a position offered or file an appeal in a timely manner or who refuses to accept a position which the medical board has determined on appeal that he or she is capable of performing shall not be eligible to receive a disability retirement under this subsection.
SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400

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Russell W. Hinton State Auditor (404) 656-2174

March 21, 2006

The Honorable Bill Heath, Chairman Senate Retirement Committee Paul D. Coverdell Office Building, Room 304-B Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification Substitute to House Bill 379 (LC 21 8953S)

Dear Chairman Heath:

This bill would amend provisions relating to disability allowances under the Employees' Retirement System. Under the provisions of this bill, members who apply for disability retirement benefits would be required to submit a copy of their application, and supporting documentation, to their agency. Upon receipt of such application, the agency head or his/her designee would then interview the member to determine if he or she is qualified for an alternative position. If the member is offered an alternative position, the agency must contact the Board of Trustees regarding such offer, and no disability benefits will be approved until such matter is resolved. The provisions of this bill provide members with an opportunity to appeal decisions when an offer for an alternative position has been made, and the member does not agree that they are capable of performing the job. Once a case enters the appeals process, the medical board becomes responsible for determining whether the member is capable of performing tasks in an alternative position or whether disability retirement benefits should be granted. If the board determines that the member is capable of performing such duties, and the member still refuses to accept the position, the member will not be eligible for disability benefits.

This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for (LC 21 8119) would also apply to (LC 21 8953S).

Respectfully,

/s/ Russell W. Hinton State Auditor

On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.

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The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis
Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 1.

HB 379, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Committees:

Senator Chip Pearson

Transportation

District 51

Agriculture and Consumer Affairs

321-B Coverdell Legislative Office Building

Appropriations

Atlanta, GA 30334

Regulated Industries and Utilities

The State Senate

Atlanta, Georgia 30334

3/24/06

I meant to vote yes on HB 379 this morning. I missed the button.

/s/ Chip Pearson

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Senator Douglas of the 17th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
Senator Goggans of the 7th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.
Senator Butler of the 55th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.
Senator Chance of the 16th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.
HB 1145. By Representatives Ralston of the 7th, Mumford of the 95th and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluators report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Kemp of the 46th.
The Senate Judiciary Committee offered the following substitute to HB 1145:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluators report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Article 4, relating to mental health, and inserting in lieu thereof the following:
ARTICLE 4
15-11-149. (a) Study and report. If, at any time, the evidence indicates that a child may be suffering from mental retardation or mental illness, the court may commit the child to an appropriate institution, agency, or individual for study and report on the childs mental condition. (b) Determination of disability. The juvenile court judge shall determine whether a child has been determined to be handicapped as defined in 20 U.S.C. Sections 1401(a)(1) and 1401(a)(15). If there is an Individualized Education Program (IEP) as defined in 20 U.S.C. Section 1401(a)(20), it shall be made a part of the dispositional hearing record. (c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (d) Other disposition or transfer. If the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by Article 1. (e) Applicability of Code Section 15-11-62. The provisions of Code Section 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources as provided in this Code section.
15-11-150. (a) The purpose of this article is to:
(1) Set forth procedures for a determination of mental incompetency and a declaration of dependency for any child while the child is determined to be not mentally competent; and (2) Provide a mechanism for the development and implementation of a mental competency plan for treatment, habilitation, support, or supervision, within current resources, for any child who is determined to be not mentally competent to participate

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in an adjudication or disposition hearing and is adjudicated dependent upon the court. (b) The provisions of this article shall not apply to any case in which the superior court has jurisdiction pursuant to Code Section 15-11-62.
15-11-151. As used in this article, the term:
(1) 'Dependent' means a child who is alleged to have committed a delinquent or unruly act, is found not mentally competent to stand trial by the court, and has charges pending which have not been dismissed by the court. (2) 'Judge' means any judge, associate judge, or judge pro tempore of the court exercising jurisdiction over juvenile matters. (3) 'Mental competency plan' means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons, which is achievable within the limits of current resources, following a courts finding that a child is not mentally competent and dependent upon the court and submitted to the court for approval as part of the disposition of the dependency case. The goal of a mental competency plan is supervision, to bring or restore the child to mental competency such that he or she is able to participate in adjudication, a disposition hearing for delinquency or unruliness, or a proceeding regarding transfer to superior court. (4) 'Mental competency proceedings' means hearings conducted to determine whether a child is mentally competent to participate in adjudication, a disposition hearing, or a transfer proceeding held pursuant to this chapter. (5) 'Mentally competent' means having sufficient present ability to understand the nature and objectives of the proceedings, against himself or herself, to comprehend his or her own situation in relation to the proceedings, and to render assistance to the defense attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings held pursuant to this chapter. The childs age or immaturity may be used as the basis for determining the childs competency. (6) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (7) 'Mental retardation' means a state of significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (8) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a mental competency plan. Said person is responsible for collecting all previous histories of the child including evaluations, assessments, and school records. (7)(9) 'Qualified examiner' means a licensed psychologist or psychiatrist who has expertise in child development and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both.

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15-11-152. (a) If at any time after the filing of a petition alleging delinquency or unruliness the court has reason to believe that the child named in the petition may not be mentally competent, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the childs parent or legal guardian, or the attorney representing the state may stay all delinquency or unruly conduct proceedings relating to that petition and order an evaluation of the childs mental condition. Prior to the administration of any such evaluation, the court shall appoint an attorney to represent the child if the child is not yet represented by counsel. All time limits under Article 1 of this chapter for adjudication and disposition of that petition are tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding. (b) An evaluation ordered under subsection (a) of this Code section shall be conducted by a qualified examiner who shall consider whether the child is mentally competent. If the qualified examiner determines that the child is not competent, the qualified examiner shall complete a full mental health evaluation, study, and report pursuant to Code Section 15-11-149. If the basis for questioning the childs mental competency concerns a problem with intellectual functioning, mental retardation, mental illness, maturity, or a learning disability, the qualified examiner must be a psychiatrist or licensed psychologist. The probation officers of juvenile court shall provide the qualified examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency or unruliness. The attorney for the child may provide the qualified examiner with any records from any other available sources that are deemed necessary for the mental competency evaluation. (c) A qualified examiner who conducts an evaluation under subsection (b) of this Code section shall submit a written report to the court, within 30 days from receipt of the court order requiring the evaluation, which report shall contain the following: (1) The reason for the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of abilities and deficits in the following mental competency functions: (A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to render assistance to the defense attorney in the preparation of his or her case; (6) An opinion regarding the potential significance of the childs mental competency, strengths, and deficits; and

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(7) An opinion regarding whether or not the child should be considered mentally competent; and (8) A specific statement for the basis for a determination of incompetence. (d) If, in the opinion of the qualified examiner, the child should not be considered mentally competent, the qualified examiner shall complete a full mental health evaluation and report pursuant to Code Section 15-11-149, and such report shall also include the following: (1) A diagnosis made as to whether there is a substantial probability that the child will attain mental competency to participate in adjudication, a disposition hearing, and a transfer hearing in the foreseeable future; (2) A recommendation as to the appropriate treatment setting and whether residential or nonresidential treatment is required or appropriate; (3) Where appropriate, recommendations Recommendations for the general level and type of remediation necessary for significant deficits; and (3)(4) Where appropriate, recommendations Recommendations for modifications of court procedure which may help compensate for mental competency weaknesses. (e) The court in its discretion may grant the qualified examiner an extension in filing the evaluation report. (f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the attorney representing the state, the district attorney prosecuting attorney or a member of his or her staff, and any guardian ad litem for the child no later than five working days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the courts own motion, the court may order additional examinations by other qualified examiners. In no event shall more than one examination be conducted by a qualified examiner employed by the Department of Human Resources. (h) No statement made by a child or information obtained in the course of an evaluation, hearing, or other proceeding provided for in this Code section, whether the evaluation is with or without the consent of the child, shall be admitted into evidence against the child in any future proceeding in the states case-in-chief.
15-11-153. (a) A hearing of to determine mental competency shall be conducted within 60 days after the initial court order for evaluation. At least ten days prior written notice of the hearing shall be transmitted to the child, any parent, guardian, or other legal custodian of the child, any guardian ad litem for the child, the attorney representing the child, and the attorney representing the state. Ten days prior written notice of the hearing shall be served on the district attorney, prosecuting attorney for all mental competency proceedings in which the district attorney prosecuting attorney, or a member of the district attorneys prosecuting attorneys staff, may participate. The hearing may be continued by the court for good cause shown. (b) The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a

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preponderance of the evidence. (c) At the hearing of to determine mental competency, the attorney representing the child and the attorney representing the state shall have the right to:
(1) Present evidence; (2) Call and examine witnesses; (3) Cross-examine witnesses; and (4) Present arguments. The qualified examiner appointed by the court shall be considered the courts witness and shall be subject to cross-examination by both the attorney representing the child and the attorney representing the state. (c)(d) The courts findings of fact shall be based on any evaluations of the childs mental condition conducted by qualified examiners appointed by the court and any evaluations of the childs mental condition conducted by independent evaluators hired by the parties and any additional evidence presented. The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. Copies of the courts findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings. (d)(e) If the court finds that the child is mentally competent, the proceedings which have been suspended shall be resumed and the time limits under Article 1 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child mentally competent. (e)(f) If the court finds that the child is not mentally competent, the child may shall be adjudicated dependent by the court. If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent, and the child is adjudicated dependent, the court may dismiss the petition without prejudice. A child who is thus found not to be mentally competent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition as long as such mental incompetency exists. At the time the child is adjudicated dependent upon the court, the court shall appoint a guardian ad litem to represent the best interests of the child if a guardian ad litem has not been appointed previously. (g) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and whether the child requires a secure or nonsecure treatment. (h) Copies of the courts findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings.
15-11-153.1. (a) If the court determines that a child is mentally incompetent, is dependent, is alleged to have committed an unruly act or an act which would be a misdemeanor if committed by an adult, the court may dismiss the petition without prejudice.

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(b) A child who is found to be mentally incompetent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition provided that the mental incompetency exists.
15-11-153.2. (a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the childs residence unless the act alleged would be a felony if committed by an adult. (b) When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. (c) If the childs mental competency is restored, jurisdiction of the case may be returned to the sending court.
15-11-154. (a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the childs residence unless the act alleged would be a felony if committed by an adult. When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. If the childs mental competency is restored, jurisdiction of the case may be returned to the sending court. (b) Upon an adjudication of dependency, the court having jurisdiction of the case shall appoint a plan manager who may be any guardian ad litem for the child or may be any other person who is under the supervision of the court. The person so appointed shall submit a mental competency plan to the court within 30 days of the courts adjudication of dependency. That plan shall include the following:
(1) The specific deficits the plan is attempting to address, including supervision, mental competency, or mental competency restoration; (2) An outline of the specific provisions for supervision of the child for protection of the community and the child; (3) An outline of a plan designed to provide for treatment, habilitation, support, or supervision services in the least restrictive environment achievable within the limits of current resources; and (4) If the plan recommends treatment in a secure environment, certification by the plan manager that all other appropriate community based treatment options have been exhausted; and (4)(5) Identification of all parties, including the child, agency representatives, and

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other persons responsible for each element of the plan. The court in its discretion may grant the plan manager an extension in filing the mental competency plan.
(c)(b)(1) The mental competency plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend the meeting:
(A) Any parent, guardian, or other legal custodian of the child; (B) The attorney representing the child; (C) The attorney representing the state; (D) Any guardian ad litem of the child; (E) Mental health or mental retardation representatives; (F) Any probation officer or caseworker who works with the child; and (G) A representative from the childs school.; and (H) Any family member of the child who has shown an interest and involvement in the childs well-being. (2) The plan manager may request that other relevant persons attend the mental competency plan meeting including but not limited to the following: (A) A representative from the division of public health; (B) A child protective services worker; and (C) Representatives of the public and private resources to be utilized in the plan; and (D) Any family member of the child who has shown an interest and involvement in the childs well-being. (3) The plan manager shall be responsible for collecting all previous histories of the child, including but not limited to previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the meeting. (4) Before the disposition hearing and review hearings, the plan manager shall be responsible for convening a meeting of all parties and representatives of all agencies. (5) The plan manager and persons enumerated in paragraph (1) of subsection (b) of this Code section shall identify to the court any person who should provide testimony at such hearing. (6) The plan manager shall be responsible for monitoring the competency plan, presenting to the court amendments to such plan as needed, and presenting evidence to the court for the reapproval of such plan at subsequent review hearings.
15-11-155. (a) The court shall hold a disposition hearing for the purpose of approving the mental competency plan within 30 days after the mental competency plan has been submitted to the court. Thereafter, the court shall hold a hearing for the purpose of reviewing the childs condition and approving the mental competency plan every six months during the childs dependency. Before the disposition hearing and any review hearings, the plan manager shall be responsible for convening a meeting of all parties,

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representatives of all agencies, and other persons responsible for the plan and for identifying to the court any persons who should provide testimony at such hearing. (b) The persons required to be notified of the mental competency disposition hearing and witnesses identified by the plan manager shall be given at least ten days prior notice of the disposition hearing and any subsequent hearing to review the childs condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the childs delinquent or unruly act shall also be provided with the same ten days prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child. (c) At the disposition hearing, the court shall enter an order incorporating a mental competency plan as part of the disposition. At the time of disposition, a child who has been adjudicated a dependent of the court shall be placed in an appropriate treatment setting. If a dependent child is housed in a detention or youth development facility at the time of disposition, such child shall be moved to an appropriate treatment setting within five business days. (d) If the court determines at any time that the child will not become competent to proceed, the court may dismiss the delinquency petition. If, at the end of the two-year period following the date of the order of incompetence, the child has not attained competence and there is no substantial evidence that the child will attain competence within a year, the court shall dismiss the delinquency petition. If appropriate, the court may order that civil commitment proceedings be initiated. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency petition. If, upon subsequent review, the court determines that the child may be mentally competent, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, and 15-11-154 and enter findings of fact as to the childs mental competency. (f)(e) The prosecuting attorney or a member of the prosecuting attorneys staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant laws for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law. (d)(f) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the attorney for the state, or the plan manager may set a hearing for review of the mental competency plan and any proposed amendments to that plan. The court may issue an appropriate order incorporating an amended mental competency plan. (e)(g) At the disposition hearing and at every review hearing, the court shall consider whether the petition alleging delinquency or unruliness should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than the childs not being mentally competent. If the court dismisses the petition, the state may

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seek to refile petitions alleging felonies if the child is later determined to be mentally competent. The state may also seek transfer to superior court if the child is later determined to be mentally competent. (f) The district attorney or a member of his or her staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant Code provisions for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law.
(g)(h)(1) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional two-year periods as provided in subsection (a) of Code Section 15-11-58.1. (2) If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to 120 days following the disposition order incorporating the mental competency plan. The order may not be extended by the court. (h)(i) If the court finds that a child is not mentally competent to stand trial, any party may file at any time a motion for a rehearing on the issue of the childs mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child is now mentally competent. If this motion is granted, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, 15-11-153.1, 15-11-153.2, 15-11-154, and this Code section and shall enter findings of fact as to the childs mental competency. (i)(j) If a child is under a mental competency plan when the child reaches the age of 18, the plan manager shall make a referral to appropriate adult services.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Hamrick of the 30th offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 1145 by striking line 2 of page 1 and inserting in lieu thereof the following: juvenile proceedings, so as to change provisions relating to disposition of certain cases in juvenile court; to change provisions relating to mental health proceedings; to
By inserting after "competent;" on line 7 of page 1 the following: to provide for a short title; to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judges authority in

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setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment;
By designating Section 1 as Part I.
By redesignating Section 2 as Section 5.
By inserting between lines 11 and 12 of page 11 the following: PART II
SECTION 2.
This part shall be known and may be cited as the "Amys Law."
SECTION 3. Said chapter is further amended by striking Code Section 15-11-70, relating to duration and termination of orders of disposition for delinquent or unruly children and extensions of such orders, and inserting in lieu thereof the following:
15-11-70. (a) Except as otherwise provided by law in subsection (b) of this Code section, an order of disposition committing a delinquent or unruly child to the Department of Juvenile Justice continues in force for two years or until the child is sooner discharged by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if:
(1) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) If the court commits a delinquent child to the Department of Juvenile Justice for a delinquent act which if done by an adult would be the crime of murder, then the court's commitment may continue until the child's twenty-first birthday. The court shall determine whether any or all of the childs commitment should include an order for restrictive custody by making specific written findings of fact using the elements set forth in paragraphs (1) through (5) of subsection (c) of Code Section 15-11-63. Any child committed to the Department of Juvenile Justice under the provisions of this subsection shall not be released from confinement or discharged from the custody of the Department of Juvenile Justice unless a motion for early release is granted by the court. The court which made the order of commitment may shorten the duration of its

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order if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the parties affected; and (3) The court finds that the discharge is necessary to accomplish the purposes of the original order and for the treatment or rehabilitation of the child.
(b)(c) Except as otherwise provided by law, in subsection (b) of this Code section, any other order of disposition in a proceeding involving delinquency or unruliness, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c)(d) The court may terminate an order of disposition of a child adjudicated as delinquent or unruly or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (d)(e) Unless otherwise provided by law, when a child who has been adjudicated as delinquent or unruly reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.
SECTION 4. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by striking subsection (e) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children and their discharge from commitment, and inserting in lieu thereof the following:
(e) Except as provided by subsection (e.1) of this Code section and subsection (b) of Code Section 15-11-70, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the childs care and treatment has been completed, the department may:
(1) Permit the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the childs confinement under such conditions as the department may believe best designed to serve the childs welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be

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desirable; (4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge the child from control of the department pursuant to subsection (a) of Code Section 15-11-70 when it is satisfied that such discharge will best serve the childs welfare and the protection of the public.

On the adoption of the amendment, the yeas were 33, nays 0, and the Hamrick amendment was adopted.

On the adoption of the substitute, the yeas were 30, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown
Bulloch Y Butler Y 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 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 E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1145, having received the requisite constitutional majority, was passed by substitute.

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HB 1305. By Representatives Amerson of the 9th, Stephens of the 164th, Smith of the 113th, Royal of the 171st and Forster of the 3rd:

A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide definitions; to provide for investment entities as to which the state is a sole limited liability owner; to provide means of investment of Seed-Capital Fund moneys by and through investment entities as to which the state is a sole limited liability owner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Chance of the 16th.

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 Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E 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 Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 1.

HB 1305, having received the requisite constitutional majority, was passed.

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HR 1306. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Senate Sponsor: Senator Balfour of the 9th
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article IX, Section II of the Constitution is amended by striking subparagraphs (a) and (b) of Paragraph VII and inserting in lieu thereof the following:
(a) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment, which may include the sale or other disposition of property acquired by eminent domain to private enterprise for private uses. Each condemnation of privately held property for redevelopment purposes must be approved by vote of the elected governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. The power of eminent domain shall not be used for redevelopment purposes by any entity, except where authorized by general law to eliminate an existing harm to the community from blighted property, as defined by general law, or where persons with a legal claim to the property unanimously consent to condemnation. (b) In addition to the authority granted by subparagraph (a) of this Paragraph, the The General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements

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established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality directly affected by that local law.
SECTION 2. Said Article IX, Section II of the Constitution is further amended by striking Paragraph V and inserting in lieu thereof the following:
Paragraph V. Eminent domain. The governing authority of each county and of each municipality may exercise the power of eminent domain for any public purpose subject to any limitations on the exercise of such power as may be provided by general law. Notwithstanding the provisions of any local amendment to the Constitution continued in effect pursuant to Article XI, Section I, Paragraph IV or any existing general law, each exercise of eminent domain by a nonelected housing or development authority shall be first approved by the elected governing authority of the county or municipality within which the property is located.
SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to prohibit the use of eminent domain by certain nonelected authorities and to prohibit the
( ) NO contested use of eminent domain for redevelopment purposes except to eliminate harm to a community from blighted property as defined by general law?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senators Rogers of the 21st, Smith of the 52nd, Mullis of the 53rd, Williams of the 19th and Hill of the 32nd offered the following amendment #1:
Amend HR 1306 by striking lines 19 through 21 on page 1 and inserting in lieu thereof the following:
purposes by any entity, except for public use, as defined by general law.
By striking lines 27 through 28 on page 2 and inserting in lieu thereof the following:
( ) NO contested use of eminent domain except for public use as defined by

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On the adoption of the amendment, the yeas were 43, nays 0, and the Rogers et al. amendment #1 was adopted.
Senators Chapman of the 3rd, Pearson of the 51st, Stephens of the 27th, Kemp of the 46th, Wiles of the 37th and others offered the following amendment #2:
Amend HR 1306 by striking lines 1 through 6 of page 1 and inserting in its place: Proposing an amendment to the Constitution of Georgia so as to provide that private property may be taken through eminent domain only for public use; to provide for
By striking line 10 of page 1 through line 20 of page 2 and inserting in its place: Article I, Section III, Paragraph I of the Constitution is amended by striking subparagraph (b) and inserting in its place the following: (b) With just compensation paid, private property may be taken only for public use. Unless the taking of private property is necessary for the possession, occupation, and enjoyment of land by the public at large, or by public agencies, common carriers, or public utilities, the taking is for a private use, and thus forbidden. In no event shall the public benefits of economic development, including but not limited to an increase in tax revenue, tax base, employment, or general economic health, constitute a public use determined by the General Assembly pursuant to this Paragraph. When private property is taken or damaged by the state or the counties or municipalities of the state for public road or street purposes, or for public transportation purposes, or for any other public purposes as determined by the General Assembly, public use, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law; but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness.
SECTION 2. Article IX, Section II, Paragraph VII of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
(a) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment, which may shall not include the sale or other disposition acquisition of property acquired by eminent domain to private enterprise for private uses.
By striking lines 26 through 29 of page 2 and inserting in its place:

( ) NO

eminent domain only for public use, such as the possession, occupation, and enjoyment of land by the public at large, and not for economic development?"

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On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman N Balfour Y Brown N Bulloch Y Butler Y Cagle N Carter N Chance Y Chapman N Douglas Y Fort Y Goggans N Golden N Grant N Hamrick N Harbison N Harp Y Heath Y Henson

N Hill,Jack N Hill,Judson
Hooks Y Hudgens N Johnson N Jones Y Kemp N Me V Bremen Y Miles Y Moody N Mullis Y Pearson Y Powell Y Reed N Rogers Y Schaefer N Seabaugh E Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner Y Tarver
Tate N Thomas,D Y Thomas,R N Thompson,C
Thompson,S N Tolleson Y Unterman N Weber N Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 25, nays 27, and the Chapman et al. amendment #2 was lost.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution proposing an amendment to the Constitution, 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 N Chapman Y Douglas Y Fort

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 Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C
Thompson,S

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Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 52, nays 2.

HR 1306, having received the requisite two-thirds constitutional majority, was adopted as amended.

Senator Wiles of the 37th introduced the doctor of the day, Dr. Bob Harper.

The Calendar was resumed.

HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:

A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authoritys eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Balfour of the 9th.

The Senate Judiciary Committee offered the following substitute to HB 1313:

A BILL TO BE ENTITLED AN ACT

To amend Titles 8, 22, 23, and 36 of the Official Code of Georgia Annotated, relating to buildings and housing, eminent domain, equity, and local government, respectively, so as

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to provide for the comprehensive revision of provisions regarding the power of eminent domain; to provide for a short title; to change certain provisions regarding a housing authoritys power of eminent domain; to change certain provisions regarding the acquisition powers of housing authorities; to change certain provisions relating to legislative findings regarding blighted properties; to provide for a new definition of blighted properties; to provide for other definitions; to provide for a public use requirement for exercising the power of eminent domain; to change certain provisions relating to the power of eminent domain and the presumption of a public use; to provide for attorney fees in certain cases challenging the use of eminent domain; to provide certain exemptions to the applicability of the power of eminent domain to public utilities; to provide for certain changes regarding eminent domain to require a public use; to change certain provisions regarding when the use of eminent domain is allowed; to provide guidelines for the use of condemnation; to provide for practice and procedure relative to condemnation; to provide for testimony relative to the value of condemned property; to provide for expedited hearings; to provide that the Department of Community Affairs produce a standard notice of rights form; to repeal provisions relating to certain appeals from assessors awards; to change compensation for special masters; to change provisions relating to the right of appealing the award of the special master in condemnation proceedings; to change provisions relating to the use of condemnation for waterworks; to grant standing to municipalities, counties, and housing authorities to seek certain equitable remedies and proceedings; to provide for certain notification requirements; to provide for certain restrictions regarding the use of eminent domain under or in connection with a redevelopment plan and urban redevelopment; to change certain provisions regarding who must conduct public hearings relating to redevelopment plans; to provide for reconveyance of condemned property under certain circumstances; to provide for reimbursement of reasonable costs and expenses incurred because of condemnation proceedings; to provide for certain exemptions; to provide for revisions for purposes of conformity; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as "The Landowners Bill of Rights and Private Property Protection Act."
SECTION 2. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by striking Code Section 8-3-10, relating to vesting of fee simple title upon a housing authoritys exercise of power of eminent domain, and inserting in its place a new Code section to read as follows:
8-3-10. Whenever a housing authority is or has been created under the terms of this article, and

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whenever it is determined by the commissioners or other governing body of such authority to be necessary or advisable to exercise the power of eminent domain by condemning property, and whenever the governing authority of the city or county has approved by resolution such exercise of eminent domain authority, and whenever such condemnation proceedings are instituted and carried on under Chapter 2 of Title 22 or through any other method of condemnation provided by law, then upon the payment by such authority seeking condemnation of the amount of the award, or the amount of the final judgment on appeal, such authority shall become vested with a fee simple indefeasible title to the property to which such condemnation proceedings relate. It is declared to be necessary in order to enable such authorities to exercise their franchise that, upon such condemnation proceedings being had, such housing authorities shall become vested with fee simple indefeasible title to the property involved in such proceedings.
SECTION 3. Said title is further amended in Code Section 8-3-30, relating to general powers of housing authorities, by striking paragraph (4) of subsection (a) and inserting in its place a new paragraph (4) to read as follows:
(4) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project and, subject to the limitations contained in this article, to establish and revise the rents or charges therefor; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain upon approval by resolution of the governing authority of the city or county any real property that is deemed blighted in accordance with Chapter 4 of this title; to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards; to procure insurance or guarantees from the federal government of the payment of any debts or parts thereof, whether or not incurred by said authority, secured by mortgages on any property included in any of its housing projects;
SECTION 4. Said title is further amended by striking Code Section 8-3-31, relating to the eminent domain power of a housing authority, and inserting in its place a new Code section to read as follows:
8-3-31. An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which is blighted property and is deemed which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such

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purposes upon approval by resolution of the governing authority of the city or county within which the property is located and in accordance with Chapter 4 of this title. An authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision.
SECTION 5. Said title is further amended by striking Code Section 8-4-2, relating to legislative findings regarding blighted areas, and inserting a new Code section to read as follows:
8-4-2. It is found and declared:
(1) That there exist in many communities within this state blighted areas properties, as defined in Code Section 8-4-3, or areas properties in the process of becoming blighted; (2) That such areas impair economic values and tax revenues; that such areas properties cause an increase in and spread of disease and or crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (3) That the clearance, replanning, and preparation for rebuilding of these areas properties and the prevention of the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; (4) That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts, or other conditions prevent a proper development of the land which cloud title prevent the free transfer of property; that it is in the public interest that such areas, as well as blighted areas, properties be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment plan; and that the exercise of the power of eminent domain by the governing authorities of cities and counties and the financing of the acquisition and preparation of land by a public agency for such redevelopment is likewise a public use and purpose; (5) That redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and that such undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; (6) That there exists an emergency housing shortage of decent, safe, and sanitary

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dwellings for families of low income; and (7) That it is in the public interest that advance preparation for such projects and activities be made now; and that the necessity in the public interest for the provisions enacted by this chapter is declared as a matter of legislative determination.

SECTION 6. Said title is further amended by striking Code Section 8-4-3, relating to definitions regarding blighted areas, and inserting in its place a new Code section to read as follows:
8-4-3.
As used in this chapter, the term: (1) 'Blighted areas' means: (A) Areas in which there is a predominance of buildings or improvements, or which are predominantly residential in character, and which, by reason of: (i) Dilapidation, deterioration, age, or obsolescence; (ii) Inadequate provision for ventilation, light, air, sanitation, or open spaces; (iii) High density of population and overcrowding; (iv) The existence of conditions which endanger life or property by fire and other causes; or (v) Any combination of such factors, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime and are detrimental to the public health, safety, morals, or welfare; and (B) Areas which, by reason of: (i) The predominance of defective or inadequate street layout; (ii) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (iii) Insanitary or unsafe conditions; (iv) Deterioration of site improvements; (v) Diversity of ownership; (vi) Tax or special assessment delinquency exceeding the fair value of the land; (vii) Defective or unusual conditions of title; (viii) Improper subdivision or obsolete platting; (ix) The existence of conditions which endanger life or property by fire or other causes; or (x) Any combination of such factors, substantially impair or arrest the sound growth of the community, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety, morals, or welfare in their the areas present condition and use. (1) 'Blighted property,' 'blighted,' or 'blight' means any urbanized or developed property which: (A) Presents two or more of the following conditions: (i) Uninhabitable, unsafe, or abandoned structures;

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(ii) Inadequate provisions for ventilation, light, air, or sanitation; (iii) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; (iv) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; (v) Repeated illegal use of individual properties; or (vi) The maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (B) Is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property. Such conditions may be shown by studies, including but not limited to, government maintained statistics. Property shall not be deemed blighted solely because of esthetic conditions. (2) 'Redevelopment plan' means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation, or future use of a redevelopment project area. Such plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements and to indicate the proposed land uses and building requirements in the redevelopment project area. (3) 'Redevelopment project' means: (A) Any work or undertaking to acquire blighted property areas or portions thereof, including lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance, development, or redevelopment of such blighted areas properties or to the prevention of the spread or recurrence of slum blighted conditions or conditions of blight; (B) Any work or undertaking to clear any such areas blighted properties by demolition or removal of existing buildings, structures, streets, utilities, or other improvements thereon and to install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; (C) Any work or undertaking to sell, lease, or otherwise make available land in such areas blighted properties for residential, recreational, commercial, industrial, or other use, or for public use or to retain such land for public use, in accordance with the redevelopment plan; and (D) The preparation of a redevelopment plan; the planning, survey, and other work incident to a redevelopment project; and the preparation of all plans and arrangements for carrying out a redevelopment project.

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SECTION 7. Said title is further amended by striking Code Section 8-4-4, relating to the powers of housing authorities, and inserting in its place a new Code section to read as follows:
8-4-4.
(a) Any housing authority established pursuant to Article 1 of Chapter 3 of this title, the 'Housing Authorities Law,' is authorized to prepare or cause to be prepared redevelopment plans and to undertake redevelopment projects within its area of operation, in accordance with this chapter. In undertaking such redevelopment projects, a housing authority shall have all the rights, powers, privileges, and immunities that such authority has under Article 1 of Chapter 3 of this title, the 'Housing Authorities Law,' and any other provision of law relating to slum blight clearance and housing projects for persons of low income, including, without limiting the generality of the foregoing, the power to make and execute contracts, to issue bonds and other obligations and give security therefor, to acquire real property by purchase or by eminent domain or purchase after the governing authority of the city or county within which the property is located has approved the acquisition by resolution pursuant to subsection (b) and provided notice pursuant to subsection (c) of this Code section, and to do any and all things necessary to carry out projects in the same manner as though all of the provisions of law applicable to slum blight clearance and housing projects were applicable to redevelopment projects undertaken under this chapter, provided that nothing contained in Code Sections 8-3-11 and 8-3-12 shall be construed as limiting the power of an authority, in the event of a default by a purchaser or lessee of land in a redevelopment plan, to acquire property and operate it free from the restrictions contained in said Code sections. (b) For property located within a city, the exercise of eminent domain shall be approved by resolution by the governing authority of the city. For property located in an unincorporated area of a county, the exercise of eminent domain shall be approved by resolution by the governing authority of the county. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. (c) The governing authority of any city or county acting under this Code section shall:
(1) Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Serve the condemnee personally by a sheriff or deputy with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If after all efforts made to serve notice to the condemnee under this paragraph are unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal

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notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. (d) Compliance with this Code section shall be in addition to and not in place of the requirements imposed by Title 22; provided, however, that the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-10.
SECTION 8. Said title is further amended by striking Code Section 8-4-8, relating to authorities acquiring and developing lands not within blighted areas for redevelopment projects, and inserting in its place a new Code section to read as follows:
8-4-8. (a) Upon a determination, by resolution, of the governing body of the city in which such land is located that the acquisition by purchase and development of undeveloped vacant land, not within a blighted area, is essential to the proper clearance or redevelopment of blighted areas or a necessary part of the general slum clearance program of the city, the acquisition by purchase, planning, preparation for development, or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in this chapter. The determination by the governing body shall not be made until such body finds that there is a shortage of decent, safe, and sanitary housing in the city; that such undeveloped vacant land will be developed for predominantly residential uses; and that the provision of decent, safe, and sanitary housing on such undeveloped vacant land is necessary to the relocation of families to be displaced from blighted areas in the city which are under redevelopment. (b) In the undertaking of redevelopment projects on a regional or unified metropolitan basis, which projects involve the acquisition by purchase and development of undeveloped vacant land in one city as an adjunct to the redevelopment of blighted areas in another city, each determination or finding required in this Code section shall be made by the governing body of the city with respect to which the determination or finding relates.
SECTION 9. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended by striking Code Section 22-1-1, relating to eminent domain definitions, and inserting in its place a new Code section to read as follows:
22-1-1. As used in this title, the term:
(1) 'Blight' shall have the same meaning as set forth in Code Section 8-4-3. (2) 'Common carrier' means any railroad or carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid.

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(3) 'Condemnor' or 'condemning authority' means: (A) The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia; (B) Any county or municipality of the State of Georgia; (C) Any housing authority with approval of the governing authority of the city or county as provided in Code Section 8-4-4; (D) Any other political subdivision of the State of Georgia which possesses the power of eminent domain; and (E) All public utilities that possess the right or power of eminent domain.
(4) 'Economic development' means any economic activity to increase tax revenue, tax base, or employment or improve general economic health, when the activity does not result in:
(A) Transfer of land to public ownership; (B) Transfer of property to a private entity that is a public utility; (C) Lease of property to private entities that occupy an incidental area within a public project; or (D) The remedy of blight. (5) 'Each person with a legal claim' means the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other claim in the property. (1)(6) 'Interest' means any title or nontitle interest other than fee simple title. (2)(7) 'Persons' means individuals, partnerships, associations, and corporations, domestic or foreign. (3)(8) 'Property' means fee simple title. (9)(A) 'Public use' means:
(i) The possession, occupation, or enjoyment of the land by the general public or by state or local governmental entities; (ii) The use of land for the creation or functioning of public utilities; (iii) The opening of roads, the construction of defenses, or the providing of channels of trade or travel; (iv) The acquisition of property where title is clouded due to the inability to identify or locate all owners of the property or in such situations and where unanimous consent is received from each person with a legal claim that has been identified and found; or (v) The remedy of blight. (B) The public benefit of economic development shall not constitute a public use. (10) 'Public utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or

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manages a utility as defined in this paragraph. This term shall also include common carriers and railroads.
SECTION 10. Said title is further amended by striking Code Section 22-1-2, relating to the nature of eminent domain, and inserting in its place a new Code section to read as follows:
22-1-2. (a) The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the General Assembly may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel. Notwithstanding any other provisions of law, neither this state nor any political subdivision thereof nor any other condemning authority shall use eminent domain unless it is necessary for public use.
(b)(1) If property acquired through the power of eminent domain from an owner fails to be put to a stated public use within five years, the former property owner may apply to the condemnor or its successor or assign for reconveyance or quitclaim of the property to the former property owner or for additional compensation for such property. The application shall be in writing, and the condemnor or its successor or assign shall act on the application within 60 days by:
(A) Executing a reconveyance or quitclaim of the property upon receipt of compensation not to exceed the amount of the compensation paid by the condemnor at the time of acquisition; or (B) Paying additional compensation to the former owner of the property, such compensation to be calculated by subtracting the price paid by the condemnor for the property at the time of acquisition from the fair market value of the property at the time the application is filed. (2) If the condemnor fails to take either action within 60 days, the former property owner may initiate an action in the superior court in the county in which the property is located to reacquire the property or receive additional compensation. (3) The condemnor shall provide notice to each former owner of the property prior to acquisition if the condemnor fails to put such property to a stated public use within five years. (c) In the case that property is acquired from more than one owner for the same public use and reconveyance or additional compensation to a single owner is impracticable, any party to the original condemnation or each person with a legal claim in such condemnation may file an action in the superior court in the county in which the property is located for an equitable resolution. (d) This Code section shall not apply to condemnations subject to Code Section 22-3162 or to condemnations conducted by the Department of Transportation.

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SECTION 11. Said title is further amended by inserting new Code sections to read as follows:
22-1-9.
In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for property owners, and to promote public confidence in land acquisition practices, all condemnations and potential condemnations shall, to the greatest extent and practicable, be guided by the following policies and practices:
(1) The condemning authority shall make every reasonable effort to acquire expeditiously real property by negotiation; (2) Where the condemning authority seeks to obtain a fee simple interest in real property, real property shall be appraised before the initiation of negotiations, and the owner or his or her designated representatives shall be given an opportunity to accompany the appraiser during his or her inspection of the property, except that the condemning authority may, by law, rule, regulation, or ordinance, prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value; (3) Before the initiation of negotiations for fee simple interest for real property the condemning authority shall establish an amount which it believes to be just compensation and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the condemning authoritys independent appraisal of the fair market value of such property. The condemning authority shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he or she established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated; (4) No owner shall be required to surrender possession of real property before the condemning authority pays the agreed purchase price or deposits with the court in accordance with this title, for the benefit of the owner, an amount not less than the condemning authoritys appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding for such property; (5) The construction or development of a project for public use shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to move his or her business or farm operation without at least 90 days written notice from the condemning authority of the date by which such move is required; (6) If the condemning authority permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the condemning authority on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier; (7) In no event shall the condemning authority either advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court

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for the use of the owner or take any other bad faith action in order to compel an agreement on the price to be paid for the property; (8) If any legal interest in real property is to be acquired by exercise of the power of eminent domain, the condemning authority shall institute formal condemnation proceedings. No condemnor shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her real property; and (9) A person whose real property is being acquired in accordance with this title may, after the person has been fully informed of his or her right to receive just compensation for such property, donate such property, any part thereof, any legal interest therein, or any compensation paid to a condemning authority, as such person shall determine.
22-1-10. Prior to exercising the power of eminent domain, a condemning authority shall:
(1) Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Serve the condemnee personally by a sheriff or deputy with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If after all efforts made to serve notice to the condemnee under this paragraph are unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected.
22-1-11. In any condemnation, the condemnee may object at any time to the condemnation by filing a petition for injunctive relief in the superior court in the county in which the property is located. The court presiding over the petition shall determine whether the exercise of the power of eminent domain is for a public use and whether the condemning authority has the legal authority to exercise the power of eminent domain. The condemning authority shall bear the burden of proof by the evidence presented that the condemnation is for a public use as defined in Code Section 22-1-1. In its discretion, the court may award reasonable attorney fees to a condemnee whose petition

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for injunctive relief pursuant to this Code section is granted.
22-1-12. In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if:
(1) The final judgment is that the condemning authority cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemning authority.
22-1-13. In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to:
(1) Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property; (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; and (3) Such other relocation expenses as authorized by law.
22-1-14. (a) When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. (b) If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-9-67.1 shall not apply.
22-1-15. (a) When an entity authorized to use the power of eminent domain determines that it intends to exercise such power to take private property, prior to taking any action regarding the property it shall provide the owner of the property with a written copy of the rights that the condemnee possesses including but not limited to the right to notice, damages, hearing, and appeal of any award entered by the special master as described in this title. Such notice shall be provided in person; by mailing such notice by certified mail, return receipt requested; or by statutory overnight delivery. (b) The Department of Community Affairs shall promulgate written notice of rights forms that shall be used by all entities having the power of eminent domain in this state to advise the owner of property sought to be condemned of the entire eminent domain process and the rights of the property owner with regard to such process. The Department of Community Affairs shall promulgate different notice forms for each of the types of condemnation proceedings authorized by law.

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SECTION 12. Said title is further amended by repealing Code Section 22-2-84.1, relating to appeals to superior court from assessors award, reasonable expenses, and liability of cost relating to issues of law.
SECTION 13. Said title is further amended by striking Code Section 22-2-100, relating to the definition of "condemning body" and "condemnor," and inserting in its place a new Code section to read as follows:
22-2-100. As used in this article, 'condemning body' or 'condemnor' means:
(1) The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia; (2) Any county or municipality of the State of Georgia; (3) Any housing authority with approval of the governing authority of the city or county as provided in Code Section 8-4-4; (4) Any other political subdivision of the State of Georgia which is vested with possesses the power of eminent domain; and (5) All public utilities that possess the right or power of eminent domain. All other persons possessing the right or power of eminent domain.

SECTION 14. Said title is further amended by striking Code Section 22-2-102, relating to filing a petition of condemnation and certain requirements and rights attached to said petition, and inserting in its place a new Code section to read as follows:
22-2-102.
(a) In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall:
(1) File file a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-130.; and (2) At or before the filing of the petition, the condemnor shall present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, the judge shall have a hearing in court, in chambers, or by telephone with the parties not less than ten days nor more than 30 days from the filing of the petition to appoint a special master. After such hearing, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and any other person known to have any rights in the property each person with a legal claim or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their

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rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. Except in condemnations for purposes of constructing or expanding one or more electric transmission lines, the In the event the property to be condemned lies in multiple jurisdictions, the condemnee shall have the option pursuant to Code Section 9-10-31.1 to transfer the action to any other venue with in rem jurisdiction. (b) The hearing before the special master shall take place not less than ten 30 days nor more than 15 60 days after the date of service the entry of the order appointing the special master. In condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than 30 days and not more than 40 days after the date of service of the order. (c) The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail or sent by statutory overnight delivery to any person shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem.
SECTION 15. Said title is further amended by striking Code Section 22-2-102.1, relating to petitioning superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows:
22-2-102.1. In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public purpose use, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment of just and adequate compensation therefor.

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SECTION 16. Said title is further amended by striking Code Section 22-2-102.2, relating to contents of petition to superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows:
22-2-102.2. The petition referred to in Code Section 22-2-102.1 shall set forth:
(1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; and (5) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (5)(6) Such other facts as are necessary for a full understanding of the cause.
SECTION 17. Said title is further amended by striking Code Section 22-2-106, relating to compensation for special masters, and inserting in its place a new Code section to read as follows:
22-2-106. (a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master; and shall be paid by the condemning body; and shall not be less than 50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master. Such compensation shall be left to the discretion of the court and shall not exceed a reasonable hourly rate consistent with local standards unless otherwise agreed upon by the parties with consent of the court. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment. (b) The judge may allow the special master a reasonable period of time for personal inspection of the premises and may compensate the special master for his or her time spent inspecting the premises and for any actual expenses incurred by him the special master in connection with the inspection, provided that the special master shall file an affidavit with the court showing his or her time spent in inspection and itemizing his or her expenses.
SECTION 18. Said title is further amended by striking Code Section 22-2-110, relating to the award of

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the special master in a condemnation hearing and the form used therein, and inserting in its place a new Code section to read as follows:
22-2-110. (a) The award of the special master or the special master panel, in the event such a panel exists, shall be served upon all the parties and filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date on which such hearing is completed. (b) The award shall become a part of the record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests. (c) The award shall be in the following form:
AWARD
The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description of the property or interest in the case of ______________________ (condemning body) versus _______________________ (acres of land or other described interest in said land) and ______________________ (condemnee), Civil action file no._____ in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of __________ County, and the special master panel, in the event such a panel exists, having heard evidence under oath and given consideration to the value of such property or interest on the ______ day of __________, at ___:___ _.M., as provided for in the order of the court, do decide and recommend to the court as follows:
(1) I/We find and award to ______________, condemnee, the sum of $________, as the actual market value of the property or interest sought to be condemned; (2) I/We find consequential damages to the remaining property or interest in the amount of $________; (3) I/We find consequential benefits to the remaining property or interest in the amount of $________ (never to exceed the amount of the consequential damages); (4) I/We find and award to ____________, condemnee, the sum of $ __________, as the value of any associated moving costs; (4)(5) Balancing the consequential benefits against the consequential damages, I/we find and award to the condemnee in this case in the total sum of $________, and I/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This ______ day of ______________, ____.

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______________ Special Master
______________ Assessor
______________ Assessor
(d) In any case where there is an appeal from the award of the special master or the special master panel, in the event such a panel exists, to a jury in the superior court, such award shall not be competent evidence. Any such appeal shall be a de novo investigation, and such award shall be detached from the papers in the case before the same are delivered to the jury.
SECTION 19. Said title is further amended by striking Code Section 22-2-112, relating to the right of appealing the award of the special master in condemnation proceedings, and inserting in its place a new Code section to read as follows:
22-2-112. (a) If the condemnor or any condemnee is dissatisfied with the amount of the award, an appeal shall be filed in the superior court and such appeal shall be filed within ten days from the service of the award. In case any party is dissatisfied with the amount of the award, he or she may, within ten days after the award is filed, enter in writing an appeal from the award to the superior court of the county where the award is filed. The provisions of Code Section 22-2-84.1, relating to reasonable expenses incurred on appeal, shall apply to any appeal under this Code section. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at law. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemnors work or the progress thereof. (b) The condemnee shall have the right to a jury trial on the issue of just and adequate compensation before the superior court having jurisdiction over the property sought to be condemned during the next term of court following the vesting of title in the condemnor. This right may be waived by the condemnee.
SECTION 20. Said title is further amended by striking Code Section 22-2-131, relating to contents in a petition to the superior court for a judgment in rem, and inserting in its place a new Code section to read as follows:
22-2-131. (a) The petition referred to in Code Section 22-2-130 shall set forth:
(1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged;

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(3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) Such other facts as are necessary for a full understanding of the cause; and (6) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (6)(7) A prayer for such judgment of condemnation as may be proper and desired. (b) If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated.
SECTION 21. Said title is further amended by striking Code Section 22-2-132, relating to requirements of notice and service upon presenting a petition for a judgment in rem, and inserting in its place a new Code section to read as follows:
22-2-132. (a) Upon presentation of the petition, the presiding judge may shall issue an order requiring the condemnor, the owner of the property or of any interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections if any, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights; provided, however, that if the petition includes affidavits from known and located persons with a legal claim, stating that such condemnees do not oppose the condemnation, no hearing pursuant to this Code section shall be required. (b) The day named in the order shall be as early as may be convenient but shall be no less than 20 days from the date of the petition, due regard being given to the necessities of notice. (c) The order shall give appropriate directions for notice and the service thereof. (d) It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this Code section, and the cause shall proceed as in rem.
SECTION 22. Said title is further amended by striking Code Section 22-3-60, relating to persons constructing and operating waterworks authorized to lease, purchase, or condemn property or interests, and inserting in its place a new Code section to read as follows:
22-3-60. Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and

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disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision, which consent may after the requirements of Chapter 1 of this title have been satisfied. Consent shall be granted by resolution or ordinance.
SECTION 23. Said title is further amended by striking Code Section 22-4-3, relating to the applicability of Code Section 22-1-1, and inserting in its place a new Code section to read as follows:
22-4-3. The definitions contained in paragraphs (1) and (3) (6) and (8) of Code Section 22-1-1 shall not apply to this chapter.
SECTION 24. Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by adding a new Code section to read as follows:
23-3-73. All municipalities, counties, and housing authorities shall have standing pursuant to this article.
SECTION 25. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (b) of Code Section 36-42-8, relating to the powers of downtown development authorities generally, and inserting a new subsection (b) to read as follows:
(b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter; and no such power limits or restricts any other power of the authority except that, notwithstanding any other provision of this chapter, no authority described in this chapter shall be granted the power of eminent domain.
SECTION 26. Said title is further amended by repealing Code Section 36-42-8.1, relating to the use of the power of eminent domain by a municipality or downtown development authority.
SECTION 27. Said title is further amended by repealing subsection (c) of Code Section 36-44-6, relating to a redevelopment agencys ability to delegate the power of eminent domain, which reads as follows:
(c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title.

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SECTION 28. Said title is further amended by adding a new subsection to the end of Code Section 3644-7, relating to redevelopment plan proposals by a redevelopment agency, to read as follows:
(e) If any subsection of this Code section is in conflict with Title 22, the provisions of
Title 22 shall control. SECTION 29.
Said title is further amended by adding a new paragraph (2.1) and by striking paragraph (19) of Code Section 36-61-2, relating to definitions regarding urban development, and inserting in its place a new paragraph to read as follows:
(2.1) 'Blighted property,' 'blighted,' or 'blight' means any urbanized or developed
property which: (A) Presents two or more of the following conditions: (i) Uninhabitable, unsafe, or abandoned structures; (ii) Inadequate provisions for ventilation, light, air, or sanitation; (iii) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; (iv) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; (v) Repeated illegal use of individual properties; or (vi) The maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (B) Is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property.
Such conditions may be shown by studies, including but not limited to, government maintained statistics. Property shall not be deemed blighted solely because of esthetic conditions.
(19) 'Slum clearance and redevelopment' may include:
(A) Acquisition by purchase or gift of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan.

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SECTION 30. Said title is further amended by striking subsection (c) of Code Section 36-61-7, relating to the preparation of a redevelopment plan, and inserting new subsection (c) to read as follows:
(c) The local governing body of the municipality or county shall hold or shall cause some agency of the municipality or county to hold a public hearing on an urban redevelopment plan or a substantial modification of an approved urban redevelopment plan, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality or county. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban redevelopment area covered by the plan, and shall outline the general scope of the urban redevelopment project under consideration.
SECTION 31. Said title is further amended by striking Code Section 36-61-9, relating to the use of the power of eminent domain in urban redevelopment, and inserting in its place a new Code section to read as follows:
36-61-9. (a) Except as otherwise provided in subsection (c) of this Code section, a municipality or county shall have the right to acquire, by exercise of the power of eminent domain, any real property which it the governing authority may deem necessary for its purposes under this chapter the remedy of blight, after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A municipality or county may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain and in the manner set forth in this chapter. Property already devoted to a public use may be acquired, provided that no real property belonging to the municipality, the county, the state, or any political subdivision thereof may be acquired without its consent. (b) Whenever condemnation proceedings are instituted and carried on by a municipality or county in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal the municipality or county shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate. Such payment may be offset in whole or in part by the amount of any municipal or county tax liens on the condemned property and by any existing special assessments tax liens on the condemned property, including without limitation education or special district taxes collected by the municipality or county; provided, however, that any such setoff shall be subject to any existing tax liens having higher priority pursuant to Code Section 48-2-56 and to the interest in the condemned property of any known beneficiary of a years support pursuant to Code Section 53-5-2 of the 'Pre-1998 Probate Code,' if

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applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7 of the 'Revised Probate Code of 1998'; provided, further, that where the condemned property is subject to a valid deed to secure debt, such setoff shall only be allowed for tax liens which arose as a result of an assessment against such property. It is declared to be necessary, to enable such municipalities and counties to exercise their powers under this Code section, that upon the condemnation proceedings being had, the municipalities and counties shall become vested with fee simple indefeasible title to the property involved in the proceedings. (c) Unless the property is to be acquired for the purpose of devoting it to a public use, a A municipality or county may not acquire real property through the exercise of the power of eminent domain pursuant to subsection (a) of this Code section until the following conditions and requirements have been met:
(1) The municipality or county which adopted the urban redevelopment plan has approved a resolution authorizing the exercise of the power of eminent domain by the agency to acquire the property. Prior to approving such a resolution, the governing body of the municipality or county shall:
(A) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (B) Serve the condemnee personally by a sheriff or deputy with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If after all efforts made to serve notice to the condemnee under this subparagraph are unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (C) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (D) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected; (2) The municipality or county shall, in writing, notify the owner of the real property proposed to be acquired of the planned rehabilitation of the property as set forth in the urban redevelopment plan for the urban redevelopment area wherein the property is located; (3) Within 30 60 days after being so notified, the owner of the property shall have the option of notifying the municipality or county, in writing, of his or her willingness and intention to rehabilitate and maintain the property in accordance with the urban redevelopment plan. In the event of multiple ownership of the property, unanimous agreement by the owners shall be required; and the failure of any one owner to notify

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the municipality or county, within the time limitation specified in this paragraph, of his or her willingness and intention to rehabilitate and maintain the property in accordance with the urban redevelopment plan shall be deemed to be a failure to exercise the option provided in this paragraph; and (4) The owner of the property may execute an agreement with the municipality or county to rehabilitate the property in accordance with the urban redevelopment plan. Any such agreement shall be as the municipality or county deems necessary and appropriate as to form and content; in connection therewith, the municipality or county shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph (3) of this subsection shall no longer apply, and the property may be acquired by the municipality or county by purchase or through the exercise of the power of eminent domain. In the alternative, the municipality or county may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the municipality or county or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the municipality or county may implement those portions of the urban development plan with respect to such property to the extent the municipality or county deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as tax liens. (d) Compliance with this Code section shall be in addition to and not in place of the requirements imposed by Title 22; provided, however, the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-10.
SECTION 32. Said title is further amended by designating the existing text of Code Section 36-62-6, relating to the general powers of a development authority, as subsection (a) and by adding a new subsection, to be designated subsection (b), to read as follows:
(b) This Code section shall not be construed as authorizing an authority as defined in this chapter to exercise the power of eminent domain.
SECTION 33. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 36-82-62, relating to power as to undertakings and issuance of revenue bonds by government bodies, and inserting in its place a new paragraph (1) to read as follows:
(1) To acquire, by gift, purchase, or the exercise of the right of eminent domain, and to construct, to reconstruct, to improve, to better, and to extend any undertaking wholly within or wholly outside the governmental body or partially within and partially outside the governmental body; and to acquire, by gift, purchase, or the

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exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith. For property located within a city, the exercise of eminent domain shall be approved by resolution by the governing authority of the city. For property located in an unincorporated area of a county, the exercise of eminent domain shall be approved by resolution by the governing authority of the county. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. A government authority acting under this Code section shall notify the property owner pursuant to Code Section 36-82-86 and comply with such other requirements of that Code section; .
SECTION 34. Said title is further amended by inserting a new Code section to read as follows:
36-82-86. Any governing authority acting under Code Section 36-82-62 shall, prior to approving a resolution for the exercise of eminent domain:
(1) Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Shall serve the condemnee personally by a sheriff or deputy with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If after all efforts made to serve notice to the condemnee under this paragraph are unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected.
SECTION 35. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 6, 9, 12, 18, 19, and 29 and Code Sections 22-1-11, 22-1-12, 22-1-13, and 22-1-14 as enacted by Section 11 of this Act shall apply to causes of action pending on the effective date of this Act.
SECTION 36. All laws and parts of laws in conflict with this Act are repealed.

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Senator Jones of the 10th offered the following amendment #1 to the Judiciary Committee Substitute to HB 1313:
By striking the word "and" from line 12 of page 14.
By inserting immediately following line 12 of page 14:
"(3) Compensation for loss of goodwill as a result of relocating a business or farm operation; and"
By striking "(3)" from line 13 of page 14 and inserting in lieu thereof "(4)."
Senator Smith of the 52nd offered the following amendment #1a:
Amend amendment #1 to the committee substitute to HB 1313 by adding on page 1 after the words "compensation for" the following:
"actual direct pecuniary"
On the adoption of the amendment, the yeas were 46, nays 0, and the Smith amendment #1a was adopted.
On the adoption of the amendment, the yeas were 50, nays 0, and the Jones amendment #1 was adopted as amended.
Senators Cagle of the 49th and Chapman of the 3rd offered the following amendment #2:
Amend HB 1313 (LC 38 0179S) by striking the word "deemed" on lines 4 and 15 of page 3.
By striking line 5 of page 4 and inserting in lieu thereof the following: properties and the prevention of the reduction of blight and its causes are public uses and
By inserting after "law;" on line 33 of page 5 the following: provided, however, that no property owner who has taken positive steps within one year of the natural catastrophe to protect his or her property in such circumstances shall be subject to condemnation;
By striking "may" on line 5 of page 6 and inserting in lieu thereof "shall".
By inserting after "law;" on line 15 of page 23 the following: provided, however, that no property owner who has taken positive steps within one year

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of the natural catastrophe to protect his or her property in such circumstances shall be subject to condemnation;
By striking "may" on line 24 of page 23 and inserting in lieu thereof "shall".
On the adoption of the amendment, the yeas were 49, nays 5, and the Cagle, Chapman amendment #2 was adopted.
Senators Cagle of the 49th and Chapman of the 3rd offered the following amendment #3:
Amend HB 1313 (LC 38 0179S) by striking the words "or enjoyment" on line 34 of page 9 and inserting in lieu thereof "and enjoyment".
On the adoption of the amendment, the yeas were 46, nays 0, and the Cagle, Chapman amendment #3 was adopted.
Senator Fort of the 39th offered the following amendment #4:
Amend the substitute to HB 1313 by inserting immediately following line 33 of page 14:
"22-1-16. The provisions of Code Sections 22-1-9, 22-1-10, 22-1-11, 22-1-12, 22-1-13, 22-1-14, and 22-1-15 shall be in addition to the provisions of Article 8 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated."
Senator Fort of the 39th asked unanimous consent that his amendment #4 be withdrawn. The consent was granted and the amendment was withdrawn.
Senator Jones of the 10th offered the following amendment #5:
Amend the Judiciary Substitute to HB 1313 by inserting immediately following line 13 of p.14: "(5) With the consent of the landowner, the condemnor may provide alternative site property as full or partial compensation."
By inserting on line 11 of p. 12 immediately following the word "stated":
". The condemning authority shall consider alternative sites suggested by the owner of the property as of the compensation offered;"
On the adoption of the amendment, the yeas were 45, nays 0, and the Jones amendment #5 was adopted.

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Senator Fort of the 39th offered the following amendment #6:

Amend the substitute to HB 1313 by inserting immediately following line 33 of page 14:

"22-1-16. The provisions of Code Sections 22-1-9, 22-1-10, 22-1-11, 22-1-12, 22-1-13, 22-1-14, and 22-1-15 shall be required in addition to the provisions of Article 8 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated."

On the adoption of the amendment, Senator Fort of the 39th, called for the yeas and nays; the call was sustained, and the vote was as follows:

Adelman N Balfour Y Brown N Bulloch Y Butler Y Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans N Golden N Grant N Hamrick Y Harbison N Harp N Heath N Henson

N Hill,Jack N Hill,Judson N Hooks N Hudgens N Johnson N Jones N Kemp N Me V Bremen Y Miles N Moody N Mullis Y Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

Y Smith N Starr N Staton N Stephens N Stoner Y Tarver Y Tate N Thomas,D
Thomas,R Y Thompson,C
Thompson,S N Tolleson N Unterman N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 15, nays 38, and the Fort amendment #6 was lost.

On the adoption of the substitute, the yeas were 49, nays 1, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1313, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator David Adelman District 42 303-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Special Judiciary Health and Human Services Judiciary Rules

The State Senate Atlanta, Georgia 30334

RE: HB 1313

My voting equipment should have registered a "Yes" vote.

/s/ David Adelman 42nd District

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The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate 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 81.

By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:

A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Day of the 163rd, Keen of the 179th, Stephens of the 164th.

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

SB 44.

By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Eric Johnson, President Pro Tempore, assumed the Chair.
The Calendar was resumed.
HB 513. By Representatives Scott of the 153rd and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Mullis of the 53rd.
Senator Balfour of the 9th offered the following amendment:
Amend HB 513 by renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
SECTION 2. Said Code section is further amended by striking subparagraph (c)(1)(A) and inserting in its place a new subparagraph to read as follows:
(A) With the written instructions and consent of the driver upon whom the operating record has been made and compiled; such instructions and consent shall be signed by the driver but shall not be required to be notarized; .
On the adoption of the amendment, the yeas were 29, nays 0, and the Balfour amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D
Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 513, having received the requisite constitutional majority, was passed as amended.

The following bill was taken up to consider House action thereto:

SB 209. By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes.

The House amendment was as follows:

Amend SB 209 as follows:

Line 23 strike ninetieth to sixtieth.

Senator Stoner of the 6th moved that the Senate disagree to the House amendment to SB 209.

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On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell
Reed Y Rogers
Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 209.

The following bill was taken up to consider House action thereto:

HB 173. By Representative Lunsford of the 110th:

A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Senator Seabaugh of the 28th asked unanimous consent that the Senate adhere to its amendment to HB 173 and that a Conference Committee be appointed.

The consent was granted and the President appointed as a Conference Committee the following Senators: Seabaugh of the 28th, Chance of the 16th and Whitehead of the 24th.

The following bill was taken up to consider House action thereto:

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HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senator Seabaugh of the 28th asked unanimous consent that the Senate adhere to its amendment to HB 1032 and that a Conference Committee be appointed.
The consent was granted and the President appointed as a Conference Committee the following Senators: Seabaugh of the 28th, Rogers of the 21st and Wiles of the 37th.
The following bill was taken up to consider House action thereto:
HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Shafer of the 48th asked unanimous consent that the Senate insist on its substitute to HB 1257.
The consent was granted and the Senate insisted on its substitute to HB 1257.
The following bill was taken up to consider House action thereto:
HB 912. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain provisions relating to applicability to nonparties; to provide that silence may

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act as a waiver under certain circumstances; to change certain provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Smith of the 52nd asked unanimous consent that the Senate adhere to its substitute to HB 912 and that a Conference Committee be appointed.
The consent was granted and the President appointed as a Conference Committee the following Senators: Smith of the 52nd, Carter of the 13th and Harp of the 29th.
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 1631. By Representatives Scheid of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to create the Woodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Woodstock, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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.

HB 1637. By Representative Bridges of the 10th:
A BILL to be entitled an Act to authorize the Juvenile Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1638. By Representative Bridges of the 10th:
A BILL to be entitled an Act to authorize the State Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1639. By Representative Bridges of the 10th:
A BILL to be entitled an Act to authorize the Probate Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1640. By Representative Bridges of the 10th:
A BILL to be entitled an Act to authorize the Magistrate Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1641. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Webster County; to repeal conflicting laws; and for other purposes.
HB 1642. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that the chief magistrate of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Webster County; to repeal conflicting laws; and for other purposes.
HB 1643. By Representative Hudson of the 124th:
A BILL to be entitled an Act to provide that the probate judge of Glascock County shall serve ex officio as chief magistrate of the Magistrate Court of

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Glascock County on and after January 1, 2009; to provide an effective date; to provide for a referendum; to repeal certain Acts; to repeal conflicting laws; and for other purposes.
HB 1644. By Representative Lane of the 167th:
A BILL to be entitled an Act to create a board of elections and registration for McIntosh County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to provide for submission under the Voting Rights Act of 1965, as amended; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
HB 1645. By Representatives Mills of the 25th, Reece of the 27th, Benton of the 31st, Amerson of the 9th and Rogers of the 26th:
A BILL to be entitled an Act to create the Northeastern Judicial Circuit Public Defender Study Commission; to provide for the appointment of members; to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1646. By Representative Coleman of the 144th:
A BILL to be entitled an Act to provide for the manner of making appointments to fill vacancies in the membership of the board of the Dodge County Hospital Authority; to repeal a local law for purposes of conformity; to repeal conflicting laws; and for other purposes.
HB 1647. By Representative Smith of the 113th:
A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income exceeds $40,000.00; to provide for definitions; to

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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 1648. By Representative Smith of the 113th:
A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income does not exceed $40,000.00; 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 1650. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to create a board of elections and registration for Ware County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1651. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and

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evaluation of an executive director; to provide for certain duties of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1652. By Representatives Jones of the 46th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3633), so as to provide for annexation of certain property; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1653. By Representatives Neal of the 1st, 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, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to provide an increase in compensation for members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1654. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to provide a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1655. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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.

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HB 1656. By Representatives Stephens of the 164th and Lane of the 158th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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.
HB 1660. By Representative Smith of the 168th:
A BILL to be entitled an Act to create a board of elections and registration for Bacon County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes.

HB 1661. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4725) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4134), so as to provide for the deannexation of certain territory from the corporate limits of said city; to provide for the annexation of certain territory into the corporate limits of said city; to repeal conflicting laws; and for other purposes.
HB 1662. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to provide for an advisory referendum regarding whether Effingham County should adopt a chairperson of the board of commissioners who is elected by the entire county; to provide for an advisory referendum regarding whether Effingham County should

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establish a board of elections; to provide for ballot questions; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has passed by the requisite constitutional majority the following Bills of the Senate:
SB 278. By Senators Jones of the 10th and Starr of the 44th:
A BILL to be entitled an Act to provide for the Henry County Board of Elections and Registration; to provide for the board as a successor to the boards created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to terminate the former board of elections and board of registrars; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 630. By Senator Pearson of the 51st:
A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), so as to change provisions relating to the time of municipal elections and the terms of the mayor and council; to exercise authority granted under general law so as to make the charter provisions on this subject consistent with general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 644. By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to provide for the compensation of the members and chairperson of the board of education of Madison County; to provide for procedures relative to such increase in compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 660. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide for the compensation of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

SB 37.

By Senator Johnson of the 1st:

A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 38.

By Senator Johnson of the 1st:

A BILL to be entitled an Act to provide for a homestead exemption from Bryan County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 39.

By Senator Johnson of the 1st:

A BILL to be entitled an Act to provide for a homestead exemption from Bryan County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 40.

By Senator Johnson of the 1st:

A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of

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the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The Calendar was resumed.

HB 1358. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Jones of the 46th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," so as to change certain provisions relating to maximum class size requirements; to provide for legislative intent; to provide for a short title; to provide for related matters; 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 Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath
Henson

Y Seabaugh Y Seay Y Shafer,D

Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1358, having received the requisite constitutional majority, was passed.

The following communications were received by the Secretary:

Senator John Douglas District 17 302-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Veterans and Military Affairs Banking and Financial Institutions Education and Youth Science and Technology Transportation

The State Senate Atlanta, Georgia 30334

Please have the record reflect a Yes vote on HB 1358.

/s/ John Douglas

Senator Terrell Starr District 44 420-C State Capitol Atlanta, GA 30334

Committees: Ethics Banking and Financial Institutions Appropriations Education and Youth Finance Natural Resources and the Environment

The State Senate Atlanta, Georgia 30334

Mr. Secretary:

After listening to debate on HB 1358 and asking questions concerning classroom funding, I failed to push the voting machine button. This is to ask to be recorded in favor of HB 1358.

/s/ Terrell Starr 44th District

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Senator Tommie Williams District 19 236 State Capitol Atlanta, GA 30334

Committees: Appropriations Finance Banking and Financial Institutions Reapportionment and Redistricting Regulated Industries and Utilities Rules Transportation

The State Senate Atlanta, Georgia 30334

Please record my vote yea on HB 1358.

/s/ Tommie Williams

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

The following bill was taken up to consider House action thereto:

HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:

A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Senator Wiles of the 37th asked unanimous consent that the Senate adhere to its amendments to HB 81 and that a Conference Committee be appointed.

The consent was granted and the President appointed as a Conference Committee the following Senators: Reed of the 35th, Chance of the 16th and Johnson of the 1st.

Senator Brown of the 26th asked unanimous consent that Senator Miles of the 43rd be excused. The consent was granted, and Senator Miles was excused.

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The Calendar was resumed.
HB 1372. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; 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 1372:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, is amended striking Code Section 45-18-5, relating to county officers and employees, and inserting in lieu thereof a new Code Section 45-18-5 to read as follows:
45-18-5. (a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or

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plans. Should such county or counties fail to remit such deductions or such employer contributions, the commissioner may, upon written notice to such county or counties, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this article. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in

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one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c.1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918. It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918. Should any local board of education fail to remit such payment to the board, the provisions of subsection (b) of Code Section 20-2-920 shall be applicable to such nonpayment. (d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond satisfactory to the commissioner to assure the contractual performance of any entities with which it contracts under this Code section. (e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits.
SECTION 2. Said chapter is further amended by striking Code Section 45-18-5.1, relating to licensed blind or otherwise seriously disabled vendors, and inserting in lieu thereof a new Code

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Section 45-18-5.1 to read as follows: 45-18-5.1. The Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Labor, for the inclusion of licensed blind persons or other persons with disabilities operating a vending facility in accordance with Article 2 of Chapter 15 of Title 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or other persons with disabilities and remit it to the Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans. Should the Georgia Cooperative Services for the Blind, Inc., fail to remit such deductions or such employer contributions through the Department of Labor, the commissioner may, upon written notice to the Georgia Cooperative Services for the Blind, Inc., terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.
SECTION 3. Said chapter is further amended by striking Code Section 45-18-5.2, relating to sheltered employment center employees, and inserting in lieu thereof a new Code Section 45-185.2 to read as follows:
45-18-5.2. The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans. Should the sheltered employment center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the sheltered employment center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon

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the tender of any such deductions or employer contributions not previously remitted.
SECTION 4. Said chapter is further amended by striking Code Section 45-18-7.1, relating to employees of the Georgia Development Authority, and inserting in lieu thereof a new Code Section 45-18-7.1 to read as follows:
45-18-7.1. The board is authorized to contract with the Georgia Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the boards regulations. In addition, it shall be the duty of the Georgia Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.
SECTION 5. Said chapter is further amended by striking Code Section 45-18-7.2, relating to Agrirama Development Authority employees, and inserting in lieu thereof a new Code Section 4518-7.2 to read as follows:
45-18-7.2. The board is authorized to contract with the Georgia Agrirama Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Agrirama Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Agrirama Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the boards regulations. In addition, it shall be the duty of the Georgia Agrirama Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Agrirama Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Agrirama Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

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SECTION 6. Said chapter is further amended by striking Code Section 45-18-7.3, relating to employees of Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.3 to read as follows:
45-18-7.3. The board is authorized to contract with the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and the Sheriffs Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers Annuity Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia to deduct from the salary or other remuneration of their employees such payment as may be required under the boards regulations. In addition, it shall be the duty of said Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans. Should the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia, as the case may be, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.
SECTION 7. Said chapter is further amended by striking Code Section 45-18-7.5, relating to employees of Georgia Housing and Finance Authority, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.5 to read as follows:
45-18-7.5. The board is authorized to contract with the Georgia Housing and Finance Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Housing and Finance Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Housing and Finance Authority to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the boards regulations. In addition, it shall be the duty of the Georgia Housing and Finance Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Housing and Finance Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written

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notice to the Georgia Housing and Finance Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.
SECTION 8. Said chapter is further amended by striking Code Section 45-18-7.6, relating to employees of Georgia-Federal State Inspection Service, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.6 to read as follows:
45-18-7.6. The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees of, retiring employees of, and employees who retired under the Employees Retirement System of Georgia on or before July 1, 2000, from the GeorgiaFederal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees or dependents as may be required under the boards regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans. Should the Georgia-Federal State Inspection Service fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia-Federal State Inspection Service, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.
SECTION 9. Said chapter is further amended by striking Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, and inserting in lieu thereof a new Code Section 45-18-7.7 to read as follows:
45-18-7.7. (a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan. Should any critical access hospital fail to remit such deductions or such employer contributions to the board, the commissioner may,

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upon written notice to such critical access hospital, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (b) The board is authorized to contract with any federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty of the federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January 1, 2005, as to whether a federally qualified health center is an agency or instrumentality of the State of Georgia. In the event that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employees health insurance plan. Should any such federally qualified health center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such federally qualified health center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2, 45-18-7.1, 45-18-7.2, 45-18-7.3, 45-18-7.5, and 45-18-7.6; by this Code section; or by any other provision of this article may be exercised only upon a determination by the department that the employer is an agency or instrumentality of the State of Georgia or, if the department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employees health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income Security Act of 1974.
SECTION 10. Said chapter is further amended by striking Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment percentage for ensuing fiscal year, and inserting in lieu thereof a new Code Section 4518-16 to read as follows:
45-18-16. On or before June 1 of each year Not less than 30 days prior to the commencement of the plan year, the commissioner of community health shall certify to the director or chief administrative officer of each state department, bureau, institution, board,

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commission, or authority having employees covered by this article the amount of percentage adopted by the board as employer payments for the ensuing fiscal year; and they shall, in their annual budget, make provisions for funds with which to pay the board the required employer payments.
SECTION 11. Said chapter is further amended by adding a new Article 7 to read as follows:
ARTICLE 7
45-18-121. As used in this article, the term:
(1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of health benefit plan obligations and administrative expenses which is not provided for by future normal costs. (2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the health benefit plan such as mortality, withdrawal, disability, and retirement; changes in compensation and offered postemployment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. (3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the health benefit plan and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods. (4) 'Actuarial investigation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values of a health benefit plan. (5) 'Actuarial present value' means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment. (6) 'Actuarially sound' means that calculated contributions to the health benefit plan are sufficient to pay the full actuarial cost of the plan. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years. (7) 'Amendment' means any amendment, including a substitute bill, made to a health benefit bill by any committee of the House of Representatives or the Senate or by the House of Representatives or the Senate. (8) 'Health benefit plan' means the state employees health insurance plan established under Article 1 of this chapter, the health insurance plan for public school teachers

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established under Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the health insurance plan for public school employees established under Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, and any other health benefit plan that may be created on or after July 1, 2006. (9) 'Health benefit bill having a fiscal impact' means any health benefit bill creating or establishing a health benefit plan and any other health benefit bill other than a nonfiscal health benefit bill. (10) 'LC number' means that number preceded by the letters 'LC' assigned to a bill by the Office of Legislative Counsel when that office prepares a bill for a member of the General Assembly. (11) 'Nonfiscal amendment' means an amendment to a health benefit bill having a fiscal impact, which amendment does not change any factor of an actuarial investigation specified in subsection (a) of Code Section 45-18-127. (12) 'Nonfiscal health benefit bill' means a health benefit bill which does not affect the cost or funding factors of a health benefit plan or a health benefit bill which affects such factors only in a manner which does not:
(A) Grant a benefit increase under the health benefit plan affected by the bill; (B) Create an actuarial accrued liability for or increase the actuarial accrued liability of the health benefit plan affected by the bill; or (C) Increase the normal cost of the health benefit plan affected by the bill. 'Nonfiscal health benefit bill' also means a health benefit bill which removes a group or groups of employees, retired employees, spouses, and dependents from eligibility for coverage or which removes requiring provision of certain benefits or coverage of certain procedures or which provides for any combination of the foregoing. (13) 'Normal cost' means that portion of the actuarial present value of the health benefit plan obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the plan. (14) 'Reduction in cost amendment' means an amendment to a health benefit bill having a fiscal impact which reduces the cost of the bill as such cost is determined by the actuarial investigation for the bill prepared pursuant to Code Section 45-18-127.
45-18-122. No health benefit bill may be introduced by any member of the General Assembly unless, at the time of its introduction, the bill has printed thereon in the upper right portion of each page of the bill an LC number. Once a health benefit bill is presented by the Office of Legislative Counsel to a member of the General Assembly, neither the Office of Legislative Counsel nor any person shall make any change in the health benefit bill prior to its introduction into the General Assembly unless the bill is returned to the Office of Legislative Counsel and that office assigns a new LC number to the bill.

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45-18-123. As a condition precedent to the introduction of any health benefit bill, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. The state auditor shall determine whether the proposed bill is a health benefit bill having a fiscal impact or a nonfiscal health benefit bill and provide a written certification of that determination to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto the original certification of the state auditor. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditors certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Clerk of the House of Representatives or the Secretary of the Senate, and the bill may not be considered by any committee of the House of Representatives or the Senate or by the House of Representatives or the Senate. If the bill is certified as a health benefit bill having a fiscal impact, its introduction shall also be limited by the provisions of subsection (a) of Code Section 45-18-125.

45-18-124. (a) A nonfiscal health benefit bill may be introduced at any time during the first 20 days of any regular session of the General Assembly. After its introduction into the General Assembly, a nonfiscal health benefit bill may not be amended in any manner to cause the bill to become a health benefit bill having a fiscal impact. Any amendment to such a bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the House of Representatives or Senate if the amendment was made by the House of Representatives or Senate. If the state auditor certifies in writing that the amendment does not cause the bill to become a health benefit bill having a fiscal impact, the bill, as amended, may continue in the legislative process as any other bill. If the state auditor will not issue such a certification for the amendment, the bills progress in the legislative process will end, and the bill shall not be considered further by either the House of Representatives or the Senate, and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment. (b) An amendment to a nonfiscal health benefit bill which is prohibited by subsection (a) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House of Representatives, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment.

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(c) A nonfiscal health benefit bill which is not amended during the legislative process may be considered as any other bill.
45-18-125. (a) Any health benefit bill having a fiscal impact may be introduced in the General Assembly only during the regular session which is held during the first year of the term of office of members of the General Assembly. Any such health benefit bill may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly. (b) When a health benefit bill having a fiscal impact is introduced, it shall be assigned by the presiding officer of the House of Representatives or the Senate, as the case may be, to the respective House of Representatives or Senate standing committee on appropriations. If a majority of the total membership of the appropriate committee is opposed to the bill on its merits, no actuarial investigation provided for in Code Section 45-18-127 shall be necessary, and the bill shall not be reported out by the committee and shall not be adopted or considered by the House of Representatives or Senate. If a majority of the committee wishes to consider the bill further and votes in favor of an actuarial investigation of the bill, an actuarial investigation shall be required as provided in Code Section 45-18-127. Except as otherwise provided by subsection (c) of this Code section, no health benefit bill having a fiscal impact may be reported out of the committee to which it is assigned or may be considered or adopted by the House of Representatives or Senate unless an actuarial investigation of the bill is made. (c) The committee to which a health benefit bill having a fiscal impact is assigned following its introduction may at any time amend the bill to become a nonfiscal retirement bill. If the bill is so amended, an exact copy of the amended version shall be submitted by the chairperson of the committee to the state auditor. If the state auditor issues a written certification that the committee amendment has converted the status of the bill to a nonfiscal health benefit bill, the bill shall be a nonfiscal health benefit bill for all purposes under this article as of the date of the state auditors certification. Only the committee to which a health benefit bill having a fiscal impact is originally assigned following its introduction may convert the bill to a nonfiscal health benefit bill as authorized in this subsection.
45-18-126. (a) A health benefit bill having a fiscal impact which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consideration of the bill until after the close of the regular session during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 45-18-127 by not later than July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House of Representatives for the House committee, during the period beginning with the day

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following the close of the session and ending on July 1 immediately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the House Committee on Appropriations shall be authorized to meet with the Senate Appropriations Committee to consider and perfect a bill during the period following the close of a regular session, and, if the bill originated in the House of Representatives, the Senate Appropriations Committee shall have the same authority. The committees may adopt such procedures as they find appropriate for conducting meetings at which both committees are present as authorized by this subsection. For attending meetings of their respective committees as authorized by this subsection, the members of the Senate and House committees on appropriations shall receive the expenses and allowances provided by law for members of legislative interim committees. If a health benefit bill having a fiscal impact is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized. (b) Immediately after a health benefit bill having a fiscal impact has been considered and perfected as provided in subsection (a) of this Code section, the chairperson of the committee to which the bill was assigned shall transmit an exact copy of the bill, as perfected by the committee, when applicable, to the state auditor. The copy submitted to the state auditor shall bear an LC number. The submission of the bill to the state auditor shall have attached thereto a letter signed by the chairperson of the committee requesting the state auditor to make or cause to be made an actuarial investigation on the bill.
45-18-127. (a) If an actuarial investigation of a health benefit bill having a fiscal impact is requested under Code Section 45-18-126, it shall be the duty of the state auditor to complete or cause to be completed such actuarial investigation by not later than November 1 of the same year during which the request for the actuarial investigation was made. The actuarial investigation shall include, but shall not be limited to, findings on the following factors as such factors are relevant to the health benefit bill under consideration:
(1) The dollar amount of the unfunded actuarial accrued liability which will result from the bill for the health benefit plan affected by the bill; (2) The dollar amount of the annual normal cost which will result from the bill for the health benefit plan affected by the bill; (3) The dollar amount of the additional annual operating expense to the health benefit plan affected by the bill; (4) A statement of the employee, both active and retired, and employer contribution rates currently in effect for the health benefit plan affected by the bill; (5) A statement of the employee, both active and retired, and employer contribution rates recommended for the health benefit plan affected by the bill in order that the plan be actuarially sound; and (6) A statement of the dollar amount of the increase in the annual employee, both

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active and retired, and employer contributions if an existing health benefit plan is affected by the bill, or a statement of the total annual employee, both active and retired, and employer contributions if a new health benefit plan is established by the bill, which will be necessary to maintain the health benefit plan affected or established by the bill in an actuarially sound condition. (b) By not later than November 1 of the same year that the request for an actuarial investigation was made, the completed actuarial investigation shall be submitted by the state auditor to the chairperson of the committee who requested it along with a summary of the actuarial investigation which shall include the relevant findings specified in subsection (a) of this Code section. (c) The chairperson of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the summary of the actuarial investigation to be printed by the Secretary of the Senate or the Clerk of the House of Representatives, depending on whether the bill is a Senate bill or House bill, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original summary of the actuarial investigation shall be attached by the Secretary of the Senate or Clerk of the House of Representatives to the original version of the substitute bill, as perfected by the committee under Code Section 45-18-126, if applicable, or to the original version of the bill as introduced if the bill was not changed by the committee prior to its submission to the state auditor for an actuarial investigation.
45-18-128. (a) When a health benefit bill having a fiscal impact has had an actuarial investigation pursuant to Code Section 45-18-127, the bill may be considered at the next regular session of the General Assembly. If the bill as originally introduced was not changed by the committee and the original version was submitted to the state auditor for an actuarial investigation, then the original version of the bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House of Representatives or the Senate. If the original bill was substituted by the committee and the substitute version was the one submitted to the state auditor, then that substitute bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House of Representatives or the Senate. (b) After completion of an actuarial investigation, any amendment to a health benefit bill having a fiscal impact shall be out of order and shall not be allowed either by a committee or by the House of Representatives or Senate, except for a nonfiscal or a reduction in cost amendment. Any amendment to a health benefit bill having a fiscal impact shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the House of Representatives or Senate if the amendment was made by the House of Representatives or Senate. If the state auditor certifies in writing that the amendment is a nonfiscal amendment or if the amendment results in a reduction in cost and the state auditor provides an actuarial investigation as required in subsection (a) of Code Section 45-18-127, then the bill as

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amended, with the state auditors certification or actuarial investigation attached to the original of the amendment, may continue in the legislative process. If the state auditor will not issue such a certification for the amendment or if there is no actuarial study showing the reduced cost of the amendment, the bills progress in the legislative process will end, and the bill shall not be considered further by either the House of Representatives or Senate and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment. (c) An amendment to a health benefit bill having a fiscal impact which is prohibited by subsection (b) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the House of Representatives, if that body made the amendment, or by the Senate, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment.
SECTION 12. This Act shall become effective on July 1, 2006.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
Senators Hill of the 4th and Williams of the 19th offered the following amendment #1:
Amend the substitute to HB 1372 (LC 28 3060S) by inserting after "employers;" on line 3 on page 1 the following:
to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage;
By inserting a new section between lines 18 and 19 on page 9 to read as follows:
SECTION 10. Said chapter is further amended by adding a new subsection (c) to Code Section 45-1810, relating to the right of continuation of insurance benefits for former state employees, to read as follows:
(c) Any other provision of this article to the contrary notwithstanding, any employee who is injured by an act of inmate violence while he or she is employed as a correctional officer in a correctional facility in this state and is five years or less from becoming eligible for medicare medical coverage shall be exempt from the eight or more years of service requirement and shall be entitled to continue full coverage and participation, including coverage for his or her spouse and dependent children, in the health insurance plan upon the payment of the monthly premium fixed by the board for

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active state employees. The first monthly premium provided for in this subsection must be paid within 30 days following receipt of a notice of premium to be sent to such person by the commissioner. If such premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan.
By renumbering Sections 10 through 13 as Sections 11 through 14, respectively.
On the adoption of the amendment, the yeas were 39, nays 0, and the Hill of the 4th, Williams amendment #1 was adopted.
Senator Meyer von Bremen of the 12th offered the following amendment #2:
Amend the Senate Insurance and Labor Committee substitute to HB 1372 (LC 28 3060S) by inserting after "To" on line 1 on page 1 "amend Code Section 31-5A-3 of the Official Code of Georgia Annotated, relating to powers, functions, and duties of the Board of Community Health, so as to add additional members to the board for certain purposes; to".
By redesignating Sections 1 through 13 as Sections 2 through 14, respectively, and by inserting after line 7 on page 1 the following:
SECTION 1. Code Section 31-5A-3 of the Official Code of Georgia Annotated, relating to powers, functions, and duties of the Board of Community Health, is amended by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) There is created the Board of Community Health which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance as they existed on June 30, 1999, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with regard to the state health benefit plan, are transferred to the Board of Community Health effective July 1, 1999. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. In addition to the nine regular members of the board, the Governor shall appoint, subject to confirmation by the Senate, two additional members who receive health benefits from the State Health Benefit Plan, one of whom shall also be a member of the Teachers Retirement System of Georgia. Such additional members shall have the right to attend meetings of the board and to vote on matters before the board concerning state health benefit plans. (b) The Governor shall designate the initial terms of the nine regular members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years.

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Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. The Governor shall also designate the initial terms of the two additional members appointed pursuant to subsection (a) of this Code section, one of whom shall have an initial term of two years and one of whom shall have an initial term of three years. Thereafter, all succeeding appointments for such additional members shall be for three-year terms from the expiration of the previous term.

On the adoption of the amendment, the yeas were 43, nays 0, and the Meyer von Bremen amendment #2 was adopted.

On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman 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
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1372, having received the requisite constitutional majority, was passed by substitute.

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The following communication was received by the Secretary:

Senator Casey Cagle District 49 121-G State Capitol Atlanta, GA 30334

Committees: Finance Science and Technology Banking and Financial Institutions Appropriations Natural Resources and the Environment

The State Senate Atlanta, Georgia 30334

I missed the vote on HB 1372 because I was off the floor in the House on Senate business. I wish to reflect a yea vote on HB 1372.

/s/ Casey Cagle 49th District

Senator Williams of the 19th asked unanimous consent that the reading of the Governor's Executive Appointments found in the Senate Journal of March 22, 2006, be dispensed with and that one roll call suffice for the confirmation of the Governor's Appointments.

The consent was granted and the reading of the Governor's Appointments was dispensed with.

On the motion to confirm the Governor's Executive Appointments, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen E Miles
Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Williams
Y Zamarripa

On the motion, the yeas were 50, nays 0, the motion prevailed; and the Governor's Executive Appointments were confirmed.

The following communication was received by the Secretary:

Senator Tommie Williams District 19 236 State Capitol Atlanta, GA 30334

Committees: Appropriations Finance Banking and Financial Institutions Reapportionment and Redistricting Regulated Industries and Utilities Rules Transportation

The State Senate Atlanta, Georgia 30334

Please record my vote on the Governor's Appointments as a yes vote.

/s/ Tommie Williams

Senator Kemp of the 46th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.
The Calendar was resumed.

HB 111. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Heath of the 31st.

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The Senate Finance Committee offered the following substitute to HB 111:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change the definition of the term "dealer" for purposes of sales and use taxation; to change certain provisions regarding payment of sales and use tax by contractors furnishing tangible personal property and services; to provide for a definition; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking paragraph (3) of Code Section 48-8-2, relating to definitions regarding sales and use tax, and inserting in its place a new paragraph (3) to read as follows:
(3) 'Dealer' means every person who:
(A) Has sold at retail, used, consumed, distributed, or stored for use or consumption in this state tangible personal property and who cannot prove that the tax levied by this article has been paid on the sale at retail or on the use, consumption, distribution, or storage of the tangible personal property; (B) Imports or causes to be imported tangible personal property from any state or foreign country for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state; (C) Is the lessee or renter of tangible personal property and who pays to the owner of the property a consideration for the use or possession of the property without acquiring title to the property; (D) Leases or rents tangible personal property for a consideration, permitting the use or possession of the property without transferring title to the property; (E) Maintains or has within this state, indirectly or by a subsidiary, an office, distributing house, distribution center, salesroom, or house, sales office, warehouse, service enterprise, or any other place of business; (F) Manufactures or produces tangible personal property for sale at retail or for use, consumption, distribution, or storage for use or consumption in this state; (G) Sells at retail, offers for sale at retail, or has in his possession for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state tangible personal property; (H) Solicits business by representatives an agent, employee, representative, or any other person; or engages

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(I) Engages in the regular or systematic solicitation of a consumer market in this state, unless the dealers only activity in this state is: by the distribution of catalogs, periodicals, advertising fliers, or other advertising, or by means of print, radio, or television media, by telegraphy, telephone, computer data base, cable optic, microwave, or other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless it is affirmatively shown that this article has been fully complied with; or
(i) Advertising or solicitation by: (I) Direct mail, catalogs, periodicals, or advertising fliers; (II) Means of print, radio, or television media; or (III) Telephone, computer, the Internet, cable, microwave, or other communication system; or
(ii) The delivery of tangible personal property within this state solely by common carrier or United States mail. The exceptions provided in divisions (i) and (ii) of this subparagraph shall not apply to any requirements under Code Section 48-8-14; (J) Is an affiliate that sells at retail, offers for sale at retail in this state, or engages in the regular or systematic solicitation of a consumer market in this state through a related dealer located in this state unless: (i) The in-state dealer to which the affiliate is related does not engage in any of the following activities on behalf of the affiliate:
(I) Advertising; (II) Marketing; (III) Sales; or (IV) Other services; and (ii) The in-state dealer to which the affiliate is related accepts the return of tangible personal property sold by the affiliate and also accepts the return of tangible personal property sold by any person or dealer that is not an affiliate on the same terms and conditions as an affiliates return; As used in this subparagraph, the term 'affiliate' means any person that is related directly or indirectly through one or more intermediaries, controls, is controlled by, is under common control with, or is subject to the control of a dealer described in subparagraphs (A) through (I) of this paragraph or in this subparagraph; or (I)(K) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a 'dealer' in Georgia merely because such person: (i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the owner;

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(ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; (iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or (iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf, nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the United States Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printers premises or at any place where the commercial printer performs services on behalf of that person. (L) Each dealer shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless the dealer has fully complied with this article. (M) The commissioner shall promulgate such rules and regulations necessary to administer this paragraph, including other such information, applications, forms, or statements as the commissioner may reasonably require.
SECTION 2. Said chapter is further amended by striking Code Section 48-8-63, relating to payment of sales and use tax by contractors furnishing tangible personal property and services, and inserting in its place a new Code Section 48-8-63 to read as follows:
48-8-63. (a) As used in this Code section, the term 'nonresident subcontractor' means a person who does not have a bona fide place of business in Georgia through the maintaining of a permanent domicile or business facility engaged in contracting real property work and who contracts with a prime or general contractor to perform all or any part of the contract of the prime or general contractor or who contracts with a subcontractor who has contracted to perform any part of the contract entered into by the prime or general contractor. (a)(b) Each person who orally, in writing, or by purchase order contracts to furnish tangible personal property and to perform services under the contract within this state shall be deemed to be the consumer of the tangible personal property and shall pay the sales tax imposed by this article at the time of the purchase. Any person so contracting who fails to pay the sales tax at the time of the purchase or at the time the sale is consummated outside the limits of this state shall be liable for the payment of the sales or use tax. This Code section shall not relieve the dealer who made the sale from such dealers liability to collect and pay the tax on purchases by a contractor.

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(b)(c) Each person who contracts to perform services in this state and who is furnished tangible personal property for use under the contract by the person, or such persons agent or representative, for whom the contract is to be performed, when a sales or use tax has not been paid to this state by the person supplying the tangible personal property, shall be deemed to be the consumer of the tangible personal property so used and shall pay a use tax based on the fair market value of the tangible personal property so used irrespective of whether any right, title, or interest in the tangible personal property becomes vested in the contractors. (c)(d) Each person who orally, in writing, or by purchase order contracts to perform any service the principal part of which is the furnishing of machinery which will not be under the exclusive control of the contractor shall be liable to collect a sales tax on the rental value of the machinery so used. If labor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price.
(d)(e)(1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any nonresident subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any nonresident subcontractors on any given project equals or exceeds $250,000.00 shall withhold up to 4 percent of the payments due the nonresident subcontractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the nonresident subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the nonresident subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the nonresident subcontractor under their contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the nonresident subcontractor. (e)(f) Whenever a nonresident subcontractor holding a contract with a general or prime contractor has posted with the commissioner either a good and valid bond with a surety company authorized to do business in this state or legal securities in an amount of not less than $5,000.00 nor more than $50,000.00, as determined by the commissioner, conditioned that all sales and use taxes which may accrue to this state on account of the execution of contracts that meet the criteria established in paragraph (1) of subsection (e) of this Code section by nonresident subcontractors will be paid when due, no general or prime contractor shall withhold any sums due the nonresident subcontractor under their contract with respect to sales and use taxes. (f)(g) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the United States in the performance of contracts with the United States when the property is not actually

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used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection.
(g)(h)(1) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the State of Georgia, the University System of Georgia, or any county, municipality, local board of education, or other political subdivision of this state in the performance of contracts with such entities when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection. Any governmental entity which furnishes tangible personal property to a contractor for incorporation into a construction, renovation, or repair project conducted pursuant to a contract with such governmental entity shall issue advance written notice to such contractor of the amount of tax owed for such tangible personal property. The failure of the governmental entity to issue such advance written notice to the contractor of such tax liability shall render such governmental entity liable for such tax. (2) This subsection shall not apply with respect to the use of tangible personal property owned by the United States. (i) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section.

SECTION 3. This Act shall become effective July 1, 2006.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, nays 4, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones

Y Smith Starr
Y Staton Stephens
Y Stoner Y Tarver

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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

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 Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

HB 111, having received the requisite constitutional majority, was passed by substitute.

At 1:13 p.m. Senator Eric Johnson, President Pro Tempore, announced that the Senate would stand in recess until 1:30 p.m.

At 1:30 p.m. Senator Eric Johnson, President Pro Tempore, called the Senate to order.

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.

The Calendar was resumed.

HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hill of the 4th.

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The Senate Appropriations Committee offered the following substitute to HB 1373:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, is amended by striking in its entirety Code Section 28-5-5, relating to the Budgetary Responsibility Oversight Committee, and inserting in lieu thereof the following:
28-5-5. (a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of six members of the House of Representatives appointed by the Speaker of the House of Representatives and six members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of the committee to serve as chairperson and the President of the Senate shall appoint members of the committee to serve as vice chairperson and secretary during each evennumbered year. The President of the Senate shall appoint a member of the committee to serve as chairperson and the Speaker of the House of Representatives shall appoint members to serve as vice chairperson and secretary during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to consult with the Governor and the Office of Planning and Budget concerning the development and implementation of the strategic planning process, the development of outcome measures for program evaluation, and the implementation of related actions. (d) It shall be the duty of such committee to review and evaluate the following:
(1) Information on new programs submitted in accordance with Code Section 45-1288;

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(2) The continuation budget report submitted in accordance with Code Section 45-1275.1; (3) The strategic plans for the state and individual departments submitted by the Office of Planning and Budget; (4) Program evaluation reports submitted in accordance with Code Section 45-12178; (5) Information or reports to be submitted by the Office of Planning and Budget identifying moneys received and purposes for which moneys are expended in any case in which the receipt or expenditure is not contemplated by an appropriations Act; and (6) Such other information or reports as deemed necessary by such committee. (e) The Office of Planning and Budget and the head of each budget unit shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall prepare written executive summaries of such report prior to the adoption of the General Appropriations Act each year. The committee shall not be required to distribute copies of the annual report or the executive summaries to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The committee shall be authorized to request that a performance audit be conducted for any department which the committee deems necessary.Reserved.
SECTION 2. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by striking in its entirety Code Section 45-12-75.1, relating to the annual continuation budget report, and inserting in lieu thereof the following:
45-12-75.1. (a) On or before October 1 of 1994 and each year thereafter, the Governor, through the Office of Planning and Budget, shall prepare and submit to the Budgetary Responsibility Oversight Committee a continuation budget report. On or before May 1 of 1994 and every year thereafter, the Governor, through the Office of Planning and Budget, shall consult and coordinate with the chairperson of the Budgetary Responsibility Oversight Committee to develop a list of agencies and programs in agencies which will be included in the continuation budget report for the year. Each state department shall be included in the continuation budget report not less than once every five years. The continuation budget report shall contain a detailed analysis of the funds necessary to provide services in the current fiscal year for each state agency and

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program examined. Such report shall address all programs and shall include a description of the purposes and accomplishments of the programs. (b) The committee shall consider the budget report prepared pursuant to this Code section in conjunction with the audit report prepared pursuant to paragraph (4) of Code Section 50-6-24. (c) The committee shall prepare a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee. Within one week of the convening of each regular session of the General Assembly, the committee shall notify the members of the availability of the list in the manner which it deems to be most effective and efficient. (d) It is the intent of this Code section to examine all state departments not less than once every five years.Reserved.
SECTION 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 45-12-85, relating to examination and investigation of periodic work programs and requests for allotment of funds, and inserting in lieu thereof the following:
(b) The Governor through the Office of Planning and Budget shall seek to effect economy, efficiency, decentralization of state government, and sound fiscal management in reviewing budget allotment requests and may make such changes to the budget allotment requests to meet these goals and objectives and which are consistent with and subject to the method and provisions contained in the General Appropriations Act. Upon determination that the requested budget allotment conforms with the approved work program and meets the above-mentioned goals and objectives, the Governor shall execute his or her warrant on the treasury for the funds included in the approved budget allotment. Notwithstanding any authorization for expenditure included in an appropriations Act, all appropriations in excess of the approved budget allotments for the budget year, as determined by the Office of Planning and Budget, shall cease to be an obligation of the state. The Office of Planning and Budget shall notify the Office of Legislative Budget Analyst and the Budgetary Responsibility Oversight Committee director of the House Budget Office and the director of the Senate Budget and Evaluation Office of any such action with appropriate supporting information.
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 45-12-88, relating to budget units to furnish information to the Budgetary Responsibility Oversight Committee before instituting new programs, and inserting in lieu thereof the following:
45-12-88. When any budget unit has plans to institute any new program, it shall be the duty of the head of such unit to furnish to the Budgetary Responsibility Oversight Committee, on September 1 prior to the convening date of the session at which appropriations to finance such program are to be sought, a description of the program, the reason for

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seeking to institute such program, the operating procedure of such program, the manner in which it conforms to the organizations strategic plan as well as the state strategic plan, the extent to which the facilities and staff to implement or provide the program will be decentralized, and any other information which would be helpful to the members of the committee in determining whether or not to appropriate funds therefor. The members shall also be furnished with the projected cost to implement the program fullyReserved.
SECTION 5. Said chapter is further amended by inserting after Code Section 45-12-91, relating to appropriation of federal funds received by the state, a new Code Section 45-12-91.1 to read as follows:
45-12-91.1. (a) The state accounting officer shall provide an annual report as specified in subsection (b) of this Code section to the Lieutenant Governor, the President Pro Tempore of the Senate, the Speaker and Speaker Pro Tempore of the House of Representatives, the chairperson of the Senate and House appropriations committees, the director of the Senate Budget and Evaluation Office, and the director of the House Budget Office. The annual report shall be filed with these officers by January 31, 2007, and by December 31 of each subsequent year. (b) The annual report shall include a detailed statement of the itemized allotments and expenditures of federal funds by programs as distributed by agency and by Catalog of Federal Domestic Assistance numbers. The annual report shall also include a detailed statement of the itemized allotments and expenditures of agency funds by programs as distributed by agency. The annual report shall also include by agency the balance of unspent federal funds and agency funds.
SECTION 6. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 45-12-175, relating to preparation of long-range development plans by office and designation of planning officer or representative by departments, agencies, or institutions, and inserting in lieu thereof the following:
(b) The Office of Planning and Budget shall cause to be prepared and coordinate the development of strategic plans by departments, boards, bureaus, commissions, institutions, authorities, and other agencies to ensure that the state-wide directions are met. The Office of Planning and Budget shall:
(1) Ensure that the focus of the various plans do not conflict with the general state goals; (2) Offer assistance to the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government in the design and execution of their programs and be the coordinating agency for the separate department or agency proposals; and

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(3) Phase in implementation by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government. By September 1 of 1993 and each year thereafter until all departments, boards, bureaus, commissions, institutions, authorities, and other agencies have initiated strategic planning, the Office of Planning and Budget shall notify the Budgetary Responsibility Oversight Committee as to which departments, boards, bureaus, commissions, institutions, authorities, and other agencies will initiate strategic planning in the coming year; and (4) Present such strategic plans, in cooperation with the affected department, board, bureau, commission, institution, authority, or other agency, to the Budgetary Responsibility Oversight Committee.
SECTION 7. Said chapter is further amended by striking in its entirety Code Section 45-12-178, relating to ongoing review by the Governor of all programs and functions in state government, and inserting in lieu thereof the following:
45-12-178. (a) It is the intent of the Governor and the General Assembly that taxpayers money be spent in the most effective and efficient manner possible in order to obtain the maximum benefit from such expenditures. In furtherance of this objective, the Governor, through the Office of Planning and Budget, shall assist the General Assembly in establishing an ongoing review and evaluation of all programs and functions in state government. (b) The chairperson of the Budgetary Responsibility Oversight Committee shall maintain a list of those programs for which the committee is requesting evaluations. The chairperson shall provide the list, and any subsequent revisions to the list, to the director of the Governors Office of Planning and Budget and to the state auditor. (c) The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee shall undertake and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University System of Georgia, and all other state agencies are authorized and directed to provide assistance to the Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee, as requested, in the performance of these evaluations. The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee are also authorized to contract with private contractors to perform, or assist in the performance of, these evaluations. (d) The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee shall report to the Budgetary Responsibility Oversight Committee on the results of program evaluations as such evaluations are completed. Such reports shall include:

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(1) Appropriate background information on the affected program, including how and why it was initiated, its functions, what group it serves, how it is organized structurally and geographically, what are its staff size and composition, and what is its workload; (2) Financial information including the source and amounts of funding and unit costs, where applicable; (3) A description of the programs mission, goals, and objectives and an assessment of the extent to which the program has performed in comparison; (4) Comparisons with other applicable public and private entities as to their experiences, service levels, costs, and staff resources required; (5) Recommendations concerning the program, including whether it should be continued as it is currently operated, continued with identified steps to remediate deficiencies or institute improvements, or discontinued. Consideration should also be given to possible privatization or consolidation with other similar programs; (6) Information describing the locations at which the program is operated and administered and the extent to which the operation and administration could be decentralized; and (7) Such other information as is identified as appropriate. (e) It is the intent of the General Assembly that all programs be evaluated at least every ten years. (f) Department heads shall respond, in writing, within 90 days of the receipt of the report to recommendations and findings by the Office of Planning and Budget or the Department of Audits and Accounts setting forth in detail the action to be taken by said department to address the recommendations and findings. Said written response shall be made to the Office of Planning and Budget, the Department of Audits and Accounts, and the Budgetary Responsibility Oversight Committee. (g) The Research Office of the Budgetary Responsibility Oversight Committee shall verify with state departments the implementation of the departments plans set forth in their 90 day responses as submitted in accordance with subsection (f) of this Code section. The Research Office shall inform the Budgetary Responsibility Oversight Committee about each departments progress at reasonable intervals.Reserved.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort E Goggans
Golden Grant Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack E Hill,Judson
Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson
Powell Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Smith Y Starr Y Staton
Stephens Stoner Y Tarver Tate Thomas,D Y Thomas,R Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Zamarripa

On the passage of the bill, the yeas were 34, nays 0.

HB 1373, having received the requisite constitutional majority, was passed by substitute.

HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:

A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; 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 1059:
A BILL TO BE ENTITLED AN ACT
To amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and residency requirements for sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to sodomy and aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed by persons of certain ages; to change certain provisions relating to statutory rape; to change certain provisions relating to child molestation and aggravated child molestation; to change certain provisions relating to enticing a child for indecent purposes; to change certain provisions relating to persons convicted of sexual assault against persons in custody; to change certain provisions relating to incest; to change certain provisions relating to sexual battery; to change certain provisions relating to aggravated sexual battery; to provide that it shall be unlawful to have carnal knowledge with a disabled person who is incapable of granting consent; to provide for a penalties; to change certain restrictions on granting an appeal bond; to allow for judicial discretion for mandatory minimum sentences under certain circumstances; to create a new crime involving withholding information concerning a sexual offender and provide for penalties; to change a provision relating to the fixing of a sentence by a judge; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to add a provision relating to statutory aggravating circumstances for the imposition of the death penalty; to require the Georgia Crime Information Center to collect certain data; to provide that notice of conviction and release of a person who is required to register as a sexual offender shall be made for offenders sentenced directly to probation or who are newly established residents in a county; to permit publication of such notice in the legal organ of the county in which such person resides based on information available; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to require registered sex offenders to have identifiable drivers licenses; to provide for procedures related to issuance of such licenses; to reorganize and change provisions related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list

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of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to require registered sexual offenders to verify required registration information with the sheriff whenever any changes occur to certain information and verify information at least annually within 72 hours of the sexual offenders birthday; to increase the duration for registration requirement; to provide for a procedure for certain sexual offenders to petition a court to be relieved of registration requirements; to require the sheriff to notify certain people and entities of the presence of sexual offenders in their community; to increase punishment for failure to comply with registration requirements; to change the appointing authority for the Sexual Offender Registration Review Board; to require the Sexual Offender Registration Review Board to classify sexual offenders; to require sexually dangerous predators to wear an electronic monitoring device for the balance of his or her life and to pay for such device; to require sexually dangerous predators to update required registration information twice yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual offenders from loitering in certain locations; to correct cross-references; to change provisions relating to sexual offenders conditions for parole; to change provisions relating to chemical treatment and counseling as a condition of parole for child molesters; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to allow the state and the defendant the right of direct appeal under certain circumstances; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:
(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space; (2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public;

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(3) Providing for community and public notification concerning the presence of sexual offenders; (4) Collecting data relative to sexual offenses and sexual offenders; (5) Requiring sexual predators who are released into the community to wear electronic monitoring devices for the rest of their natural life and to pay for such device; and (6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer. The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offenders presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender.
SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in lieu thereof the following:
(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1)(6) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6)(7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7)(8) All judgments or orders refusing applications for dissolution of corporations

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created by the superior courts; (8)(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (9)(10) All final judgments of child support; and (11) All judgments or orders entered pursuant to subsection (c) of Code Section 1710-6.2.
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 the state, and inserting in lieu thereof the following:
(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; (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; or (9) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2.
SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following:

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16-5-21.
(a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c) through (i) (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
(e)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (f.1)(g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle'

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includes without limitation any railcar. (g)(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h)(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i)(j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2.
SECTION 5. Said title is further amended by striking Code Section 16-5-40, relating to kidnapping, and inserting in lieu thereof the following:
16-5-40. (a) A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person convicted of the offense of kidnapping shall be punished by:
(1) Imprisonment imprisonment for not less than ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by if the kidnapping involved a victim who was14 years of age or older; (2) Imprisonment for life or by imprisonment for not less than 25 nor more than 50 years if the kidnapping involved a victim who is less than 14 years of age; (3) Life life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by if the kidnapping was for ransom; or (4) Life life imprisonment or by death if the person kidnapped received bodily injury. (c) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
SECTION 6. Said title is further amended by striking Code Section 16-5-41, relating to false imprisonment, and inserting in lieu thereof the following:

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16-5-41. (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years. (c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 7. Said title is further amended by striking subsection (a) of Code Section 16-5-110, relating to the publication of notices and information required for registered sex offenders, assessment for costs, and certain immunity, and inserting in lieu thereof the following:
(a) When a person who has been convicted of a crime for which that person is required to register under Code Section 42-1-12 makes his or her first report to a sheriff after such persons release from confinement, placement on probation, or upon establishing residency in the county, the sheriff shall cause to be published a notice of conviction and release from confinement of such person. Such notice shall be published in the manner of legal notices in the legal organ of the county in which person resides. Such notice shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest; or a subsequent photograph, the name and address of the convicted person, and; if available, the date, time, place of arrest,; and the disposition of the case. The notice and shall be published at or near the time the person registers with the sheriff at least once, and, at the sheriffs option, may be published more than once, in the legal organ of the appropriate county in the second week following such persons release from confinement or as soon thereafter as publication may be made. The notice shall include the address of the Georgia Bureau of Investigation website for additional information regarding the sexual offender registry.
SECTION 8. Said title is further amended by striking Code Section 16-6-1, relating to rape, and inserting in lieu thereof the following:
16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of:
(1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by

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imprisonment for life without parole, by imprisonment for life, or by imprisonment for not less than ten 25 nor more than 20 50 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
SECTION 9. Said title is further amended by striking Code Section 16-6-2, relating to sodomy and aggravated sodomy, and inserting in lieu thereof the following:
16-6-2. (a)(1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. (2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. (b)(1) Except as provided in subsection (d) of this Code section, a A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten 25 nor more than 30 50 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. (d) If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 10. Said title is further amended by striking Code Section 16-6-3, relating to statutory rape, and inserting in lieu thereof the following:

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16-6-3. (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is 14 or 15 at least 13 but less than 16 years of age and the person so convicted of statutory rape is 18 years of age or younger and is no more than three four years older than the victim, such person shall be guilty of a misdemeanor.
SECTION 11. Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, and inserting in lieu thereof the following:
16-6-4. (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendants Upon a defendant being incarcerated on a conviction for such a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea

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of nolo contendere, shall not be suspended, probated, deferred, or withheld. (2) If the victim is at least 13 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by imprisonment for not less than ten 25 nor more than 30 50 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when:
(A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (2) The court sentencing a person who has been convicted of a first offense of aggravated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendants behavior. If it is determined by a qualified mental health professional that such treatment would be effective, the court may require, as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of a law enforcement agency or confined in a jail at the time of sentencing, when he or she becomes eligible for probation, such person shall begin medroxyprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined in a jail at the time of sentencing shall be taken into custody or confined until treatment can begin. Additional treatment may continue after such defendants release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has been fully informed of the side

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effects of hormonal chemical treatment and has consented to the treatment in writing. The administration of the treatment shall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2. (3) Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section and subsection (c) of Code Section 42-9-44.2 in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment or counseling.
SECTION 12. Said title is further amended by striking Code Section 16-6-5, relating to enticing a child for indecent purposes, and inserting in lieu thereof the following:
16-6-5. (a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one ten nor more than 20 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing a child for indecent purposes, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (c) If the victim is at least 13 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 13. Said title is further amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in lieu thereof the following:

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16-6-5.1.
(a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) 'Sexual contact' means any contact between for the purpose of sexual gratification of the actor and a person not married to the actor involving with the intimate parts of a person not married to the actor either person for the purpose of sexual gratification of the actor.
(b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2.
(c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is:
(A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actors actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

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(d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one ten nor more than five 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 14. Said title is further amended by striking Code Section 16-6-22, relating to incest, and inserting in lieu thereof the following:
16-6-22. (a) A person commits the offense of incest when he the person engages in sexual intercourse or oral or anal sex with a person to whom he or she knows he or she is related either by blood or by marriage as follows:
(1) Father and daughter or stepdaughter child or stepchild; (2) Mother and son or stepson child or stepchild; (3) Sibling Brother and sister of the whole blood or of the half blood and sibling of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and niece or nephew; or (6) Uncle and niece or nephew. As used in this Code section, the term 'oral or anal sex' means performing or submitting to any sexual act involving the sex organs of one person and the mouth or anus of another person. (b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one ten nor more than 20 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 15. Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following:
16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary

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genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (e) Upon a second or subsequent conviction under this Code section, a person shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2.
SECTION 16. Said title is further amended by striking Code Section 16-6-22.2, relating to aggravated sexual battery, and inserting in lieu thereof the following:
16-6-22.2. (a) For the purposes of this Code section, the term 'foreign object' means any article or instrument other than the sexual organ of a person. (b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by imprisonment for not less than ten 25 nor more than 20 50 years. Any person convicted under this Code section shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
SECTION 17. Said title is further amended by inserting new Code Sections 16-6-25 and 16-6-26 to read as follows:
16-6-25. (a) As used in this Code section, the term 'law enforcement unit' means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections and the State Board of Pardons and Paroles. (b) Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of

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Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12:
(1) Harbors, attempts to harbor, or assists another person in harboring or attempting harbor such sexual offender; (2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or (3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years.
16-6-26. (a) As used in this Code section, the term 'disabled person' means any person with a mental or emotional illness, developmental disability, or addictive disease. (b) It shall be unlawful for any person to have carnal knowledge with a disabled person of the age of majority whom he or she knows or reasonably should know is incapable of giving consent to such activity. (c) A person convicted of violating the provisions of this Code section shall be punished by imprisonment for not less than ten nor more than 20 years.
SECTION 18. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (g) of Code Section 17-6-1, relating to where offenses are bailable and appeal bonds, and inserting in lieu thereof the following:
(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
SECTION 19. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following:

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(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section Sections 17-10-6.1 and 17-10-6.2.
SECTION 20. Said title is further amended by striking Code Section 17-10-6.1, relating to punishment for serious violent offenders, and inserting in lieu thereof the following:
17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means:
(1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-64, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b)(1) Notwithstanding any other provisions of law to the contrary, any person convicted of a the serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Notwithstanding any other provisions of law to the contrary, any person convicted of the serious violent felony of:
(A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code

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Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall be sentenced to a split sentence which shall include a mandatory minimum term of imprisonment of 25 years followed by probation for life. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony as defined in subsection (a) of this Code section shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state. (c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 14 20 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court. (d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United

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States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction.
SECTION 21. Said title is further amended by adding a new Code section to follow Code Section 1710-6.1, relating to punishment for serious violent offenders, to read as follows:
17-10-6.2. (a) As used in this Code section, the term 'sexual offense' means:
(1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21; (2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, unless subject to the provisions of subsection (c) of Code Section 16-6-5; (7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1; (8) Incest, as defined in Code Section 16-6-22; (9) A second or subsequent conviction for sexual battery, as defined in Code Section 16-6-22.1; or (10) Sexual exploitation of children, as defined in Code Section 16-12-100. (b) Except as provided in subsection (c) of this Code section, and notwithstanding any other provisions of law to the contrary, any person convicted of a sexual offense shall be sentenced to a split sentence which shall include the minimum term of imprisonment specified in the Code section applicable to the offense. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year. No person convicted of a sexual offense shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. (c)(1) In the courts discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, provided that:
(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by

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Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any serious physical injury during the commission of the offense; (E) The offense did not involve the asportation against the will of the victim; and (F) The victim was not physically restrained during the commission of the offense. (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judges reasons. Any such order shall be appealable by the defendant pursuant to Code Section 5-6-34, or by the State of Georgia pursuant to Code Section 5-7-1. (d) If the court imposes a probated sentence, the defendant shall submit to review by the Sexual Offender Registration Review Board for purposes of risk assessment classification within ten days of being sentenced and shall otherwise comply with Article 2 of Chapter 1 of Title 42.

SECTION 22. Said title is further amended in subsection (b) of Code Section 17-10-30, relating to the procedure for implementation of the death penalty generally, by striking "or" at the end of paragraph (9), by adding "; or" at the end of paragraph (10), and by adding a new paragraph (11) to read as follows:
(11) The offense of murder, rape, or kidnapping was committed by a person previously convicted of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery.
SECTION 23. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking subparagraph (A) of paragraph (4) of Code Section 35-3-30, relating to definitions used for the Georgia Crime Information Center article, and inserting in lieu thereof the following:
(A) 'Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system.

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SECTION 24. 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 adding a new Code Section 40-5-38 to read as follows:
40-5-38.
(a)(1) Whenever any person is convicted on or after July 1, 2006, of a crime for which such person is required to register pursuant to Code Section 42-1-12, the court in which such conviction was entered shall issue an order canceling the persons drivers license. (2) Upon entering an order as required in this Code section, the court in which such conviction was entered shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward the same to the department, together with a copy of the order reflecting the cancellation of the persons drivers license. (3) Any person subject to an order of license cancellation entered pursuant to this Code section shall surrender his or her drivers license immediately to the court. If the license is lost or for any other reason surrender to the court is impossible, the court shall include such information in the order. (4) Upon receipt of an order issued pursuant to this Code section, the department shall cancel the drivers license of the person so convicted and no new drivers license shall be issued to the person unless he or she shall apply for a new license. (b)(1) Any person whose drivers license has been canceled in accordance with subsection (a) of this Code section may apply for a new drivers license which shall be identifiable to law enforcement officers as a license issued to a convicted sex offender subject to registration. The department shall verify that the applicant is registered in accordance with Code Section 42-1-12 and, upon verification, shall issue a new drivers license in accordance with this Code section. If the sexual offender is not registered, the department shall not issue a new drivers license. (2) Any person who was convicted prior to July 1, 2006, who is required to register pursuant to Code Section 42-1-12, and whose drivers license expires or is canceled shall apply for a new drivers license which shall be identifiable to law enforcement officers as a license issued to a convicted sexual offender subject to registration. The department shall verify that the applicant is registered in accordance with Code Section 42-1-12 and, upon verification, shall issue a new drivers license in accordance with this Code section. If the sexual offender is not registered, the department shall not issue a new drivers license. (3) Any person who is subject to the registration requirements of Code Section 42-112 shall only have a drivers license which is identifiable to law enforcement officers as a license issued to a convicted sexual offender subject to registration unless and until he or she provides satisfactory proof to the department that he or she is no longer subject to registration pursuant to Code Section 42-1-12. (4) Any person who is subject to the provisions of this Code section shall not be eligible to renew, replace, or otherwise obtain his or her drivers license by any means

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other than appearance in person. (c) The department shall, by rule and regulation, provide that all licenses issued to applicants subject to this Code section shall be so designated as to be readily distinguishable by law enforcement officers from all other licenses issued to other applicants. (d) The department shall provide a list annually to the Georgia Bureau of Investigation containing the name, address, date of birth, and drivers license number of each person to whom a drivers license was issued pursuant to this Code section.
SECTION 25. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and inserting in their place a new Article 2 to read as follows:
ARTICLE 2
42-1-12. (a) As used in this article, the term:
(1) 'Address' means the street or route address of the sexual offenders residence. For purposes of this Code section, the term does not mean a post office box, and homeless does not constitute an address. (2) 'Appropriate official' means:
(A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to a sexual offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; (C) With respect to a sexual offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and (D) With respect to a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee. (3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, bus stops, and all other places established for the public to congregate and wait for public transportation. (4) 'Assessment criteria' means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense. (5) 'Board' means the Sexual Offender Registration Review Board.

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(6) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, child care learning centers, preschool facilities, and long-term care facilities for children. (7) 'Church' means a place of public religious worship. (8) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall be subject to the registration requirements of this Code section for the period of time prior to the defendants discharge after completion of his or her sentence or upon the defendant being adjudicated guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section upon the defendants discharge.
(9)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minors body engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a

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computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or (xi) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a criminal offense against a victim who is a minor. (10)(A) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2006, means any criminal offense under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor. (B) For purposes of this paragraph, conduct which is punished as for a

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misdemeanor or which is prosecuted in juvenile court shall not be considered a dangerous sexual offense. (11) 'Institution of higher education' means a private or public community college, state university, state college, or independent postsecondary institution. (12) 'Level I risk assessment classification' means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses. (13) 'Level II risk assessment classification' means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment. (14) 'Minor' means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense. (15) 'Required registration information' means: (A) Name; social security number; age; race; sex; date of birth; height; weight; hair color, eye color, fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property; (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturers serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release.

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(16) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the boards assessment. (17) 'School' means all public and private kindergarten, elementary, and secondary schools. (18) 'Sexual offender' means any individual:
(A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor or a dangerous sexual offense. (19) 'Sexually dangerous predator' means a sexual offender: (A) Who was designated as a sexually violent offender between July 1, 1996, and June 30, 2006; or (B) Who has been convicted on or after July 1, 2006, of a dangerous sexual offense; and who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. (20) 'Vocation' means any full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year. (b) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall: (1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration; (2) Obtain the information necessary for the required registration information; (3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offenders new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours after the change of information; (4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student; (5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered, and that the sexual offender shall also register with a designated law enforcement agency in the new state within 72 hours after establishing residence in the new state; (6) Obtain fingerprints and a current photograph of the sexual offender;

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(7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained; (8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriffs office of the county in which the sexual offender will reside; and (9) If required by Code Section 42-1-14, place any required electronic monitoring device on the sexually dangerous predator and explain its operation and cost. (c) The Department of Corrections shall: (1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained; (2) Forward any required registration information to the Georgia Bureau of Investigation; (3) Forward the sexual offenders fingerprints and photograph to the sheriffs office of the county where the sexual offender is going to reside; (4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 421-14; and (5) Keep all records of sexual offenders in a secure facility until official proof of death of a registered sexual offender and thereafter the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1. (d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until: (1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriffs office in the county where the sexual offender will be residing with the sexual offenders required registration information and risk assessment classification level; and (2) The sexual offenders name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriffs office as required by this Code section. (e) Registration pursuant to this Code section shall be required by any individual who: (1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor; (2) Is convicted on or after July 1, 2006, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense and may be released from prison or placed on parole, supervised release, or probation; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense

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on or after July 1, 2006; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred; (7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or (8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory. (f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offenders release from prison or placement on parole, supervised release, probation, or entry into this state; (3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides; (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting to the sheriff within 72 hours prior to such offenders birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if the information is the sexual offenders new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to any change of residence address and to the sheriff of the county to which the sexual offender is moving within 72 hours after establishing the new residence; (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration. (g)(1) Any sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this Code section may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements of this Code section. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense.

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(2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall:
(A) Have been convicted of: (i) Sodomy, as defined in Code Section 16-6-2; (ii) Statutory rape, as defined in Code Section 16-6-3; (iii) Child molestation, as defined in subsection (a) of Code Section 16-6-4; (iv) Aggravated child molestation when the basis of the charge involves an act of sodomy; or (v) Enticing a child for indecent purposes, as defined in Code Section 16-6-5;
(B) Have been under 21 years of age at the time of the commission of the offense; (C) Not have a prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (D) Not have used a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (E) Not have caused the victim to suffer any physical injury or visible bodily harm during the commission of the offense; (F) Have been declared a Level I risk assessment classification by the board if convicted on or after July 1, 2006, or if convicted prior to July 1, 2006, have requested the board for an evaluation and have been declared by the board to be a Level I risk assessment classification; and (G) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation. (h)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offenders county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data. (2) The Georgia Bureau of Investigation shall: (A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data; (B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and (C) Perform mail out and verification duties as follows:
(i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification; (ii) Create a photo image file from original entries and provide such entries to

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sheriffs to assist in sexual offender identification and verification; (iii) Mail a nonforwardable verification form to the last reported address of the sexual offender within ten days prior to the sexual offenders birthday; (iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and (v) Maintain records required under this Code section. (i) The sheriffs office in each county shall: (1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offenders name; age; physical description; address; crime of conviction, including conviction date and the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators; (2) Electronically submit and update all information provided by the sexual offender within two working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post a list of every sexual offender residing in each county: (A) In the sheriffs office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two working days; (5) Inform the public of the presence of sexual offenders in each community; (6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered immediately to all schools or institutions of higher education located in the county; (7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information; (8) Retain the verification form stating that the sexual offender still resides at the address last reported; (9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section;

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(10) Cooperate and communicate with other sheriffs offices in this state and in the United States to maintain current data on the location of sexual offenders; (11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section; (12) If required by Code Section 42-1-14, place any electronic monitoring device on the sexually dangerous predator and explain its operation and cost; (13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriffs jurisdiction; and (14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the General Fund. (j)(1) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriffs office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. (2) The sheriffs office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section. (k) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification. (l)(1) On at least an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each school in this state. In addition, the Department of Education shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigations website a list of the names and addresses of all registered sexual offenders. (2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code Section 20-1A-10 and to all child care learning centers, day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 on accessing and retrieving from the Georgia Bureau of Investigations website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure, commissioning, or registration for early care and education programs. (3) On at least an annual basis, the Department of Human Resources shall provide current information to all long-term care facilities for children on accessing and retrieving from the Georgia Bureau of Investigations website a list of the names and addresses of all registered sexual offenders.

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(m) Within ten days of the filing of a defendants discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this title, the clerk of court shall transmit the order of discharge and exoneration to the Georgia Bureau of Investigation and any sheriff maintaining records required under this Code section. (n) Any individual who:
(1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within 72 hours of such individuals birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life. (o) The information collected pursuant to this Code section shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; and (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. (p) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. (q) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article.
42-1-13. (a) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment. The members of the board shall be appointed by the commissioner of human resources for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four

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years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (b) The board shall be attached to the Department of Human Resources for administrative purposes and, provided there is adequate funding, shall:
(1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (c) Members of the board shall be immune from liability for good faith conduct under this article.
42-1-14. (a) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the boards assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, personal, social, educational, and work history, and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offenders conviction to the board and notify the board that a sexual offenders evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within:
(1) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2;

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(2) Six months prior to the sexual offenders proposed release from confinement if the offender is incarcerated; and (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. The board shall send a copy of its risk assessment classification to the Department of Corrections, sexual offender, and sentencing court, if applicable. (b)(1) If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides.

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(d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring device that, at a minimum, shall provide:
(1) Continuous near real-time tracking of the geographic location of the sexually dangerous predator 24 hours per day, seven days per week using a global positioning system based on satellite and other location technology; (2) A continuous wear active global positioning system tracking device, permanently attached to the sexually dangerous predators body, which timely receives the location information, stores and archives the location information, and transmits the location information to a monitoring center to automatically report if the predator is in a prohibited area or departs from a specified geographic limitation or if the predator removes or tampers with the tracking device; and (3) A system that automatically compares and correlates the geographic positions of monitored predators with law enforcement agencies reported crime incidents and automatically generates a daily report showing whether the predator was in the proximity of such reported crime incidents. Such monitor shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such monitor to the Department of Corrections if the sexually dangerous predator is on probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The monitor shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offenders situation, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the monitor placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information.
42-1-15. (a) No individual required to register pursuant to Code Section 42-1-12 shall reside or loiter within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points.

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(b) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of an area where minors congregate, a child care facility, a school, or a church. (c) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (d) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12.
42-1-16. (a) An individual required to register pursuant to Code Section 42-1-12 shall not be allowed to enter any school or child care facility for the purpose of conducting a parent teacher meeting, visiting, working, or any other purpose except as provided in this Code section. Prior to entering any school or child care facility, a sexual offender shall request permission in writing and receive from the school or facility administrator written authorization to enter the school or child care facility. The school or facility administrator shall respond to the request in writing regarding the decision to authorize such access within three business days from the receipt of the request. (b) A sexual offender who is also a parent, legal guardian, or authorized caretaker of a child attending a school or child care facility shall not be denied access to enter the grounds of the school or child care facility for the specific purpose of dropping off or picking up such a child in a car pool line or for the purpose of picking up such a child in the event of a medical or family emergency; provided, however, that such access may be denied unless the sexual offender provides prior written notice to the school or facility administrator of his or her requirement to register as a sexual offender. Such notice shall be made at the beginning of the school year or at the time of registration or enrollment or at least five school days prior to dropping off or picking up a child at the school or child care facility. If such notice is not timely received, access to the school or child care facility may be denied. (c) Any sexual offender who knowingly violates the requirements of this Code section shall be guilty of a misdemeanor.
SECTION 26. Said title is further amended by striking subsection (b) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following:
(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as that phrase is those terms are defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be:
(1) Prohibited from entering or remaining present at a victims school, place of

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employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in subsection (a) of Code Section 42-1-13 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a Local Board of Education local board of education.
SECTION 27. Said title is further amended by striking Code Section 42-8-60, relating to probation prior to adjudication of guilt, and inserting in lieu thereof the following:
42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:
(1) Defer further proceeding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law. (b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendants criminal record as such is on file with the Georgia Crime Information Center. (d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty of a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Sexual exploitation of a minor as defined in Code Section 16-12-100; (4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or (5) Computer pornography and child exploitation, as defined in Code Section 16-12100.2.
SECTION 28. Said title is further amended by striking in its entirety Code Section 42-9-44.1, relating to conditions of parole for sexual offenders, and inserting in lieu thereof the following:

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42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense.
(b)(1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to:
(A) The superintendent of the public school district where the offender will reside; and (B) The sheriff of the county wherein the offender will reside. (2) The offender shall provide the notice and information required in paragraph (1) of this subsection within ten days of the release on parole or within ten days of setting up residency in the locale where the offender plans to have his or her domicile. (c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with respect to his or her new residence within ten days after moving during the period of his or her parole. (d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such persons conditions of parole and shall be guilty of a misdemeanor. (e) It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders providing information to the sheriff under this Code section. Such register shall be open to public inspection. (f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offenders satisfactory completion of his or her terms of parole. Reserved.
SECTION 29. Said title is further amended by striking in its entirety Code Section 42-9-44.2, relating to chemical treatment and counseling as a condition of parole for child molesters, and inserting in lieu thereof the following:
42-9-44.2. (a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical equivalent. While undergoing

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such treatment, such person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until such person has consented thereto in writing. (b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendants release on parole until the defendant demonstrates to the board that such treatment is no longer necessary. (c) The provision of treatment required as a condition of parole shall be administered by the State Board of Pardons and Paroles through licensed medical personnel employed by the defendant and approved by the board. Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment. The Department of Corrections shall permit access by such licensed medical personnel for such purpose to any person required to begin the treatment and counseling while confined in a facility of the department. The medical personnel utilized or approved by the board shall be required to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information. Reserved.
SECTION 30. (a) This Act shall become effective July 1, 2006. (b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections. (c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.
SECTION 31. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, 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.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
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 (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 1.

HB 1059, having received the requisite constitutional majority, was passed by substitute.

HB 1435. By Representatives Burmeister of the 119th, Brown of the 69th, Lunsford of the 110th and Walker of the 107th:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to add certain definitions; to authorize an attendant care giver to provide assistance in voting an absentee ballot; to provide for the manner of assistance in voting for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Stephens of the 27th.

Senators Butler of the 55th, Jones of the 10th, Stoner of the 6th, Reed of the 35th, Brown of the 26th and others offered the following amendment:

Amend HB 1435 by inserting after "definitions;" on line 2 on page 1 "to revise provisions related to registration of voters;".

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By redesignating Sections 2 through 10 as Sections 3 through 11, respectively, and inserting after line 20 on page 1 the following:
SECTION 2. Said chapter is further amended by inserting a new Article 6A to read as follows:
ARTICLE 6A
21-2-240. As used in this article, the term:
(1) 'Board' means the State Election Board. (2) 'Nonauthorized private entity' means a private nongovernmental individual or entity that is not otherwise authorized under this chapter to receive voter registration applications in person.
21-2-241. Nothing in this article shall be construed to prohibit nonauthorized private entities from conducting organized voter registration programs and assisting eligible citizens with voter registration, including the distribution, collection, and transmittal of mail voter registration applications to an appropriate state or local election official. However, any mail voter registration application received from a nonauthorized private entity shall be processed as an application by mail pursuant to the National Voter Registration Act of 1993 and not as an application made in person at a designated voter registration agency pursuant to the National Voter Registration Act of 1993.
21-2-242. Any validly completed mail voter registration application postmarked or received by an appropriate state or local election official within the time frames provided by Code Section 21-2-224 and 42 U.S.C. Section 1973gg-6(a)(1) shall be accepted and processed, without regard to whether such application was received via mail or otherwise, submitted singularly or in a bundle, or submitted by a registrar, deputy registrar, or other authorized official. No state or local election official is authorized to reject or refuse to process a validly completed mail voter registration application on the basis of how or by whom it was submitted, so long as the application is, in fact, timely received.
21-2-243. A nonauthorized private entity shall promptly transmit all completed voter registration applications to the appropriate state election official within the time frames set out in 42 U.S.C. Section 1973gg-6(a)(1)(B) and Code Section 21-2-224.
21-2-244. (a) A nonauthorized private entity shall keep all completed original voter registration

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applications in his, her, or its possession in a secure and confidential manner at all times, until such time as such applications are transmitted to the appropriate election official. A nonauthorized private entity shall also not disclose any such applications to the public; however, a nonauthorized private entity may collaborate with other affiliated nonauthorized private entities in the securing of completed voter registration applications that are received during a jointly organized voter registration program. (b) A nonauthorized private entity may make one archival copy of the applicants original voter registration application and retain such copy for a period not to exceed 180 days following the date of the application for purposes of assisting the applicant with verifying the timely and proper receipt and processing of his or her application by the applicable county board of registrars or other local election officials. At the expiration of such 180 day period, the nonauthorized private entity must destroy the archival copy in the manner contemplated by Code Section 10-15-2 for the destruction by businesses of records containing personal information.

On the adoption of the amendment, Senator Thomas of the 2nd, called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas
Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens
Johnson (PRS) Y Jones N Kemp Y Me V Bremen Y Miles
Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith Starr
N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Weber N Whitehead N Wiles N Williams
Zamarripa

On the adoption of the amendment, the yeas were 20, nays 30, and the Butler et al. amendment was lost.

Senator Kemp of the 46th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

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Senator Goggans of the 7th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) 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 Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1435, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Chip Pearson District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Transportation Agriculture and Consumer Affairs Appropriations Regulated Industries and Utilities

The State Senate Atlanta, Georgia 30334

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3/24/06
I was on the phone at the Senator from the 9th's desk and accidentally voted his machine on HB 1435.
/s/ Chip Pearson District 51
The following bill was taken up to consider House action thereto:
SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Titles 7, 13, 16, 42, 43, 48, and 50 of the Official Code of Georgia Annotated, relating to banking and finance, contracts, crimes and offenses, penal institutions, professions and businesses, revenue and taxation, and state government, respectively, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to provide for definitions; to provide for procedures and requirements

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applicable to certain contracts or subcontracts; to provide for powers, duties, and authority of the Commissioner of Labor; to provide that it shall be unlawful to traffic a person for labor or sexual servitude; to provide for valid identification documents; to provide for exceptions; to create and establish the "Registration of Immigration Assistance Act"; to provide a statement of purpose and definitions; to provide for the regulation of private immigration services; to specify conditions under which certain compensation paid by a taxpayer shall be disallowed as a business expense for state income tax purposes; to provide for powers, duties, and authority of the state revenue commissioner; to provide for a legislative finding; to provide for exceptions; to provide for certain records; to provide procedures for determining nationality and immigration status of certain persons who are booked into a jail; to provide for the development of guidelines relative to such booking procedures; to provide for requirements, procedures, and conditions regarding applications for certain benefits; to provide for exceptions; to provide for the promulgation of regulations; to provide for criminal and other penalties; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Security and Immigration Compliance Act." All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law.
SECTION 2. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding a new Code section immediately following Code Section 7-1-912, to be designated Code Section 7-1-912.1, to read as follows:
7-1-912.1. (a) This Code section shall be known and may be cited as the 'Illegal Immigrant Fee Act.' (b) Any authorized agent of a licensee or any money transmission business which is subject to licensure under Article 4 of this chapter and which receives money for wire transmission to a foreign country shall collect from the customer a fee in the amount of 5 percent of the amount of money being transmitted to such foreign country. Such fee shall not apply to any such transaction upon the customer providing adequate proof of United States citizenship or adequate proof that the customer is legally present in the United States. Such proof shall consist only of a valid identification document that is included on the list of acceptable documents of Employment Eligibility Verification Form I-9 of the federal Department of Homeland Security as proof of lawful presence in the United States. Any identification document issued by a foreign government or a drivers license or identification card issued by any state which, on or after July 1,

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2006, authorized such drivers license or identification card to be issued to persons not lawfully present in the United States shall not be accepted as evidence of lawful presence in the United States. (c) Each agent or licensee required to collect the fee under this Code section shall file a monthly return with the commissioner reporting and paying the amount of fees due and collected. In reporting and paying such fees to the commissioner an agent or licensee shall be allowed to deduct and retain an amount equal to 20 percent of each fee collected to defray the costs of collection. The commissioner shall remit the received fees to the general fund of the state. (d) The money transmission business shall give the customer a receipt setting forth:
(1) The date of receipt of the money; (2) The amount of the fee, if applicable; and (3) The amount of the money in dollars and cents. (e) Subject to the general appropriations process, it is the intent of the General Assembly that an amount equal to the amount of funds derived from the fees collected under this Code section shall be utilized for indigent care programs. (f) It shall be unlawful for any person to transmit money on behalf of any person in order to avoid or evade the fee required under this Code section. Any person who violates this subsection shall, upon conviction thereof for a first offense, be guilty of a misdemeanor; for a second or subsequent offense, such person shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. (g) The commissioner shall provide by rule or regulation for the implementation of this Code section including, but not limited to, any appropriate administrative actions or fines for knowing and willful violations of this Code section.
SECTION 3. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding two new articles at the end of Chapter 10, to be designated Articles 3 and 4, to read as follows:
ARTICLE 3 13-10-90. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of the Georgia Department of Labor. (2) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603. (3) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state.

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(4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.
13-10-91. (a) On or after July 1, 2007, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.
(b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new employees. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows:
(A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) The Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labors website.
ARTICLE 4
13-10-110. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of the Georgia Department of Labor. (2) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state. (3) 'State work authorization program' refers to the Georgia Immigrant Worker Verification System (GIWVS) to be established by the Commissioner and to be performed by the Georgia Department of Labor utilizing an electronic verification of work authorization now or hereafter available to the Georgia Department of Labor by or through the United States Department of Homeland Security, the Social Security Administration, or other federal agency to verify work eligibility information of employees, consistent with the requirements of the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603. The Commissioner shall establish the Georgia Immigrant Worker Verification System no later than July 1, 2006.

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(4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.
13-10-111. (a) On or after July 1, 2007, every public employer shall be subject to the requirements of the state work authorization program.
(b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor is in compliance with the state work authorization program. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with such contract for the physical performance of services within this state unless the contractor and subcontractor is in compliance with the state work authorization program. (3) Paragraphs (1) and (2) of this subsection shall apply as follows:
(A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Public employers, contractors, and subcontractors shall provide to authorized representatives of the Commissioner, upon request, such information and documents regarding each employee, contractor, subcontractor, or other worker as will permit the Commissioner to verify the eligibility to work in this state of each individual performing services for such public employer, contractor, or subcontractor. Such public employers, contractors, and subcontractors shall keep true and accurate records containing such information as the Commissioner may prescribe. Such records shall be open to inspection in this state and shall be subject to being copied by the Commissioner or an authorized representative of the Commissioner at any time and as often as may be necessary. Such public employers, contractors, and subcontractors shall file such reports as the Commissioner may prescribe. The Commissioner or an authorized representative of the Commissioner may require from any employing unit, as that term is defined in Code Section 34-8-34 with respect to the administration of the unemployment insurance program, any sworn or unsworn reports deemed necessary for the effective administration of this article. (e) The Georgia Department of Labor shall perform verifications of work eligibility and shall notify such public employers, contractors, or subcontractors when work eligibility cannot be verified. (f) In the discharge of the duties imposed by this article, the Commissioner and his or her duly authorized representatives shall have all the powers referred to in Code Section 34-8-88 with respect to the administration of the unemployment insurance program.

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(g) The Georgia Department of Labor shall provide state-wide education and training sufficient to assist public employers, contractors, and subcontractors in complying with the requirements of this article. (h) The Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labors website.

SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section immediately following Code Section 16-5-45, to be designated Code Section 16-5-46, to read as follows:
16-5-46.
(a) As used in this Code section, the term: (1) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or (D) Providing a controlled substance, as such term is defined by Code Section 1613-21, to such person. (2) 'Deception' means: (A) Creating or confirming anothers impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (3) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. (4) 'Sexual servitude' means:

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(A) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or (B) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 which is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years. (b) A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects or maintains another in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude. (c) A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects or maintains another in sexual servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude. (d) Any person who commits the offense of trafficking a person for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Any person who commits the offense of trafficking a person for labor or sexual servitude against a person who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years. (e) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal and civil cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto. (f)(1) All real and personal property of every kind which is used, intended for use, used in any manner to facilitate, or is derived from a violation of this Code section is contraband and forfeited to the state and no person shall have a property interest in it. (2) Such property may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment. (3) Within 60 days of the date of the seizure of proceeds or money pursuant to this subsection, the prosecuting attorney or the Attorney General shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of such property which is subject to forfeiture under this subsection the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. (4) Proceeds or money which is forfeited pursuant to this subsection shall be disposed of and distributed as provided in Code Section 16-13-49. (g) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense.

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(h) A corporation may be prosecuted under this Code section, or subject to the provisions of subsection (f) of this Code section, only for an act or omission constituting a crime under this Code as provided in Code Section 16-2-22.
SECTION 5. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section immediately following Code Section 42-4-13, to be designated Code Section 42-4-14, to read as follows:
42-4-14. (a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 is confined, for any period, in the jail of the county, any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the nationality of the person so confined. (b) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section.
SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter immediately following Chapter 20 to read as follows:
CHAPTER 20A
43-20A-1. This chapter shall be known and may be cited as the 'Registration of Immigration Assistance Act.'
43-20A-2. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys.

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43-20A-3. As used in this chapter, the term:
(1) 'Compensation' means money, property, services, promise of payment, or anything else of value. (2) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employees paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor. (3) 'Immigration assistance service' means any information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law. (4) 'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:
(A) Immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or (B) Action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.
43-20A-4. (a) Any person who provides or offers to provide immigration assistance service may perform only the following services:
(1) Completing a government agency form, requested by the customer and appropriate to the customers needs only if the completion of that form does not involve a legal judgment for that particular matter; (2) Transcribing responses to a government agency form which is related to an immigration matter but not advising a customer as to his or her answers on those forms; (3) Translating information on forms to a customer and translating the customers answers to questions posed on those forms; (4) Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) Translating documents from a foreign language into English; (6) Notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (7) Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter; (8) Preparing or arranging for the preparation of photographs and fingerprints;

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(9) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; (10) Conducting English language and civics courses; and (11) Performing such other services that the office of the Secretary of State determines by rule may be appropriately performed by such persons in light of the purposes of this chapter. (b) The following persons are exempt from this chapter: (1) An attorney licensed to practice law in Georgia or an attorney licensed to practice law in any other state or territory of the United States or in any foreign country when acting with the approval of a judge having lawful jurisdiction over the matter; (2) A legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance service in the course of employment; (3) A not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees, of those organizations accredited under 8 C.F.R. 292.2(d); and (4) Any organization employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided. (c) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law. (d) Any person performing such services shall obtain business licenses from the office of the Secretary of State and as may be required by a local governing authority. (e) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' (f) Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous size, if in writing, and shall state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL

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ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If such advertisement is by radio or television, the statement may be modified but must include substantially the same message. (g) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. (h) Violations of this chapter may result in a fine of up to $1,000.00 per violation. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties. (i) No person engaged in providing immigration services who is not exempted under this chapter shall do any of the following:
(1) Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law; (2) Refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (3) Represent or advertise, in connection with the provision assistance in immigration matters, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney; the term 'notary public' may not be translated to another language; (4) Provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or (5) Make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage. (j) Any person who violates any provision of this chapter shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense. (k) The Secretary of State shall issue rules not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter.
SECTION 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding two new Code sections immediately following Code Section 48-7-21, to be designated Code Sections 48-7-21.1 and 48-7-21.2, to read as follows:

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48-7-21.1. (a) As used in this Code section, the term 'identification and employment authorization document' means any unexpired documents included on the list of acceptable documents, for persons 18 years of age or older, for the Employment Eligibility Verification Form I-9 of the United States Department of Homeland Security except as otherwise provided in this Code section. (b) A travel or identification document issued by a foreign government shall not be accepted as a valid employment authorized documentation unless such document has been recognized by the United States Department of Homeland Security as evidence of alien registration pursuant to federal law.
48-7-21.2. (a) As used in this Code section, the term 'identification and employment authorization document' means any unexpired document included on the list of acceptable documents, for persons 18 years of age or older, for the Employment Eligibility Verification Form I-9 of the United States Department of Homeland Security except as otherwise provided in this Code section.
(b)(1) On or after January 1, 2008, no payment of compensation for physical performance of services within this state to an individual of $600.00 or more per annum, whether in the form of wages, salary, payment for labor, benefits, in-kind exchange, or expenses, may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless the person to whom such compensation was given provides to the taxpayer identification and employment authorization documents. The provisions of this paragraph shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the payment. (2) The state revenue commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this subsection. (c) This Code section shall not apply to any business domiciled in this state which is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful. (d) This Code section shall not apply to any individual hired by the taxpayer prior to January 1, 2008. (e) This Code section shall not apply to any taxpayer where the individual being paid is not directly compensated or employed by said taxpayer. (f) This Code section shall not apply to compensation paid for physical performance of services within this state to any individual who holds a valid license issued by this state, or an agency, department or division thereof.
SECTION 8. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows:

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CHAPTER 36
50-36-1. (a) Except as provided in subsection (c) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (b) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c) Verification of lawful presence under this Code section shall not be required:
(1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney Generals sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (C) Are necessary for the protection of life or safety. (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or

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nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older lawfully present in the United States. (e) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state agency or department which administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this Code section. (i) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia. (j) Notwithstanding subsection (f) of this Code section any applicant for federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section.
SECTION 9. (a) Except as otherwise provided in this section, this Act shall become effective on July 1, 2006. (b) Article 4 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated as enacted by Section 3 of this Act shall become effective only if funds are specially appropriated for purposes of said Article 4 in an appropriations Act making specific reference to said Article 4 as enacted by this Act and shall become effective when funds so appropriated become available for expenditure. (c) Section 4 of this Act shall become effective on July 1, 2006, and shall not apply to any offense committed prior to July 1, 2006.

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SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Rogers of the 21st moved that the Senate disagree to the House substitute to SB 529.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort 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 (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 529.

The President resumed the Chair.

Senator Tolleson of the 20th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers 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.
The Calendar was resumed.

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HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th and others:

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 Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Smith of the 52nd.

Senator Smith of the 52nd offered the following amendment:

Amend HB 1211 by inserting "to designate the red drum as the official state salt-water fish;" after "official state cold water game fish;" on line 3 of page 1.

By redesignating Section 3 as Section 5 and inserting after Section 2 the following: SECTION 3.
The General Assembly finds and declares that establishing an official state salt-water fish is necessary to fully recognize the importance of our coastal fisheries to our state, and the red drum is deserving of the attention and appreciation of the citizens of this state by designation as the official state salt-water fish.

SECTION 4. Said Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is further amended by adding a new Code section to read as follows:
50-3-83.
The red drum is designated as the official Georgia salt-water fish.

On the adoption of the amendment, the yeas were 38, nays 0, and the Smith amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Y Starr Y Staton Y Stephens
Stoner

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Y Cagle Y Carter E Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant
Hamrick Y Harbison Y Harp N Heath Y Henson

Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell
Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 1.

HB 1211, having received the requisite constitutional majority, was passed as amended.

Senator Wiles of the 37th asked unanimous consent that HB 1059 be immediately transmitted to the House.

The consent was granted and HB 1059 was immediately transmitted.

Senator Johnson of the 1st asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

The Calendar was resumed.

HB 1496. By Representatives Hatfield of the 177th, Sims of the 169th, Smith of the 168th and Mosley of the 178th:

A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Bacon, Brantley, Charlton, Coffee, Pierce, and Ware counties in the Waycross Circuit; 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.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson
Powell Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 43, nays 0.

HB 1496, having received the requisite constitutional majority, was passed.

Senator Chapman of the 3rd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Wiles of the 37th be excused. The consent was granted, and Senator Wiles was excused.

HB 1249. By Representatives Reece of the 27th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Mills of the 25th 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 watercraft held in inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cagle of the 49th.

FRIDAY, MARCH 24, 2006 The following Fiscal Note, as required by law, was read by the Secretary:

3257

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

Honorable Stacey Reece State Representative State Capitol, Room 401 Atlanta, Georgia 30334

January 18, 2006
SUBJECT: Fiscal Note House Bill 1249 (LC 18 4851)

Dear Representative Reece:
This bill would exempt from the ad valorem tax watercraft held in inventory for sale or resale by dealers. Watercraft are defined as self-propelled vehicles capable of water transportation. The Georgia State University Fiscal Research Center provided the following analysis of the revenue impact of this legislation:
Industry data from the Census of Retail 2002 were used to develop the estimate of the impact on state and local tax revenues. As of 2002, 122 boat dealers operated in the state of Georgia. These boat dealers accounted for $232 million in sales annually. Assuming constant sales and inflating price levels to 2007 at a 3 percent annual growth rate would result in $270 million in annual boat sales. The state average ad valorem tax rate is about 21 mills and the assessment rate is at 40 percent. Assuming end-of-year inventory represents 10 percent of total sales volume for that year, the loss in 2007 in local property tax revenue would be $226,000. The millage rate for the state is 0.25 mills, so the loss to the state would be $2,700.

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Respectfully,

/s/ Russell W. Hinton State Auditor

/s/ Shelley C. Nickel, 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
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack E Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead E Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 45, nays 1.

HB 1249, having received the requisite constitutional majority, was passed.

HB 1273. By Representatives O`Neal of the 146th, Talton of the 145th and Morris of the 155th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to

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3259

change certain provisions regarding placement of security deposits in escrow accounts; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack E Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 1273, having received the requisite constitutional majority, was passed.

Senator Thompson of the 33rd asked unanimous consent that the Secretary of the Senate read Senate Rule 8-1.13 and that Senate Rule 10-1.2 be waived so that he could address the Senate.

The consent was granted and Senate Rule 10-1.2 was waived.

Senator Thompson of the 33rd addressed the Senate briefly.

The Calendar was resumed.

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HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Finance Committee offered the following substitute to HB 194:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.9, to be designated Code Section 48-7-29.10, to read as follows:
48-7-29.10. (a) As used in this Code section, the term:
(1) 'Eligible telework expenses' means expenses incurred during the taxable year pursuant to a telework agreement, up to a limit of $1,200.00 for each participating employee, to enable a participating employee to begin to telework, which expenses are not otherwise the subject of an exclusion from income claimed by the taxpayer. Such expenses shall include, but not be limited to, expenses paid or incurred to purchase computers, computer related hardware and software, modems, data

FRIDAY, MARCH 24, 2006

3261

processing equipment, telecommunications equipment, high-speed Internet connectivity equipment, computer security software and devices, and all related delivery, installation, and maintenance fees. Such expenses shall not include replacement costs for computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, or computer security software and devices at the principal place of business when that equipment is relocated to the telework site. Such expenses may be incurred only once per employee. Such expenses may be incurred directly by the employer on behalf of the participating employee or directly by the participating employee. (2) 'Employer' means any employer upon whom an income tax is imposed by this article. (3) 'Participating employee' means an employee who has entered into a telework agreement with his or her employer. This term shall not include an individual who is self-employed or an individual who ordinarily spends a majority of his or her workday at a location other than the employers principal place of business. (4) 'Telework' means to perform normal and regular work functions on a workday that ordinarily would be performed at the employers principal place of business at a different location, thereby eliminating or substantially reducing the physical commute to and from that employers principal place of business. This term shall not include home based businesses, extensions of the workday, or work performed on a weekend or holiday. (5) 'Telework agreement' means an agreement signed by the employer and the participating employee that defines the terms of a telework arrangement, including the number of days per year the participating employee will telework and any restrictions on the place from which the participating employee will telework. (6) 'Telework assessment' means an optional assessment leading to the development of policies and procedures necessary to implement a formal telework program, including but not limited to a workforce profile, a telework program business case and plan, a detailed accounting of the purpose, goals, and operating procedures of the telework program, methodologies for measuring telework program activities and success, and a deployment schedule for increasing telework activity. (b) For taxable years beginning on or after January 1, 2007, and ending for taxable years beginning prior to January 1, 2009, an employer shall be allowed a state income tax credit against the tax imposed by this chapter for a percentage of eligible telework expenses incurred in the tax year. The amount of such credit shall be calculated as follows: (1) The credit shall be equal to 100 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month if the employers principal place of business is located in an area designated by the United States Environmental Protection Agency as a nonattainment area under the federal Clear Air Act, 42 U.S.C. Section 7401 et seq.; (2) The credit shall be equal to 75 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at

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least 12 days per month; or (3) The credit shall be equal to 25 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least five days per month. (c)(1) In addition to the credit provided by subsection (b) of this Code section, an employer conducting a telework assessment shall be allowed a credit in the year of implementation of the employers formal telework program against the tax imposed by this article for 100 percent of the cost, up to a maximum credit of $20,000.00 per employer, of preparing the assessment. The credit provided by this subsection is intended to include program planning expenses, including direct program development and training costs, raw labor costs, and professional consulting fees; the credit shall not include expenses for which a credit is claimed under any other provision of this article. This credit shall be allowed only once per employer. (2) All telework assessments eligible for a state income tax credit under this subsection shall meet standards for eligibility promulgated by the commissioner. (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the employers income tax liability. No unused tax credit shall be allowed to be carried forward to apply to the employers succeeding years tax liability. No such tax credit shall be allowed the employer against prior years tax liability. (e)(1) On or before October 1 of each year, an employer may submit an application to the commissioner for approval of the tax credit for a taxable year that begins in the next calendar year. Such applications must certify that the employer would not have incurred the eligible telework expenses mentioned therein but for the availability of the tax credit. The commissioner shall review such application and, subject to the limitations provided for in paragraph (2) of this subsection, shall approve such application upon determining that it meets the requirements of this Code section. (2) In no event shall the total amount of tax credits approved by the commissioner under this Code section in a taxable year exceed:
(A) $2,000,000.00 in 2007; and (B) $2,000,000.00 in 2008. (f) On or before January 1, 2009, the commissioner shall conduct an assessment of telework programs conducted under this Code section and shall report to the General Assembly any finding regarding performance measures developed by the commissioner, problems encountered, and recommendations for further implementation of this Code section or amending this Code section. (g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 2, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour Brown
Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 2.

HB 194, having received the requisite constitutional majority, was passed by substitute.

Senator Cagle of the 49th asked unanimous consent that HB 194 be immediately transmitted to the House.
The consent was granted and HB 194 was immediately transmitted.

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HB 1361. By Representatives Martin of the 47th, Royal of the 171st, Graves of the 137th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain definitions; to change certain provisions regarding minimum millage rate requirements; to change certain provisions relative to creation of tax allocation districts; to change certain provisions regarding payments in lieu of taxes to certain political subdivisions; to amend Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, so as to make certain conforming changes thereto; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 48, nays 2.
HB 1361, having received the requisite constitutional majority, was passed.
HB 239. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Smith of the 52nd.
The Senate Judiciary Committee offered the following substitute to HB 239:
A BILL TO BE ENTITLED AN ACT
To amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil cases, so as to change provisions relating to offers to settle tort claims; to change provisions relating to when a party declining an offer may be liable for attorneys fees and costs; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil cases, is amended by striking Code Section 9-11-68, relating to offers to settle tort claims, and inserting in its place a new Code section to read as follows:
9-11-68. (a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer and to enter into an agreement dismissing the claim or to allow

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judgment to be entered accordingly. Any offer under this Code section must: (1) Be in writing and state that it is being made pursuant to this Code section; (2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made; (3) Identify generally the claim or claims the proposal is attempting to resolve; (4) State with particularity any relevant conditions; (5) State the total amount of the proposal; (6) State with particularity the amount proposed to settle a claim for punitive damages, if any; (7) State whether the proposal includes attorneys fees or other expenses and whether attorneys fees or other expenses are part of the legal claim; and (8) Include a certificate of service and be served by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5.
(b) When the complaint sets forth a tort claim for money, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree was not at least 25 percent more favorable than the last offer, the offeree shall pay the offerors reasonable attorneys fees and costs incurred after the rejection of the last offer.
(b)(1) If a defendant makes an offer of settlement which is rejected by the plaintiff, the defendant shall be entitled to recover reasonable attorneys fees and expenses of litigation incurred by the defendant or on the defendants behalf from the date of the rejection of the offer of settlement through the entry of judgment if the final judgment is one of no liability or the final judgment obtained by the plaintiff is less than 75 percent of such offer of settlement. (2) If a plaintiff makes an offer of settlement which is rejected by the defendant and the plaintiff recovers a final judgment in an amount greater than 125 percent of such offer of settlement, the plaintiff shall be entitled to recover reasonable attorneys fees and expenses of litigation incurred by the plaintiff or on the plaintiffs behalf from the date of the rejection of the offer of settlement through the entry of judgment. (c) Any offer made under this Code section shall remain open for 30 days unless sooner withdrawn by a writing served on the offeree prior to acceptance by the offeree, but an offeror shall not be entitled to attorneys fees and costs under subsection (b) of this Code section to the extent an offer is not open for at least 30 days (unless it is rejected during that 30 day period). A counteroffer shall be deemed a rejection but may serve as an offer under this Code section if it is specifically denominated as an offer under this Code section. Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine reasonable attorneys fees and costs under this Code section. (d) Upon motion made within 30 days of the entry of the judgment or after voluntary or involuntary dismissal, the court shall determine the following: (1) If the offer of judgment was 25 percent more favorable than the monetary award,

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the court shall award reasonable attorneys fees and costs and the court shall set off such reasonable attorneys fees and costs against any award; and (d)(1) The court shall order the payment of attorneys fees and expenses of litigation upon receipt of proof that the judgment is one to which the provisions of either paragraph (1) or paragraph (2) of subsection (b) of this Code section apply; provided, however, that if an appeal is taken from such judgment, the court shall order payment of such attorneys fees and expenses of litigation only upon remittitur affirming such judgment. (2) If a party is entitled to costs and fees pursuant to the provisions of this Code section, the court may determine that an offer was not made in good faith in an order setting forth the basis for such a determination. In such case, the court may disallow an award of attorneys fees and costs. (e) Upon motion by the prevailing party at the time that the verdict or judgment is rendered, the moving party may request that the finder of fact determine whether the opposing party presented a frivolous claim or defense. In such event, the court shall hold a separate bifurcated hearing at which the finder of fact shall make a determination of whether such frivolous claims or defenses were asserted and to award damages, if any, against the party presenting such frivolous claims or defenses. Under this subsection: (1) Frivolous claims shall include, but are not limited to, the following:
(A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as those terms are defined in Code Section 51-7-80; (B) A claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and (C) A claim, defense, or other position that was interposed for delay or harassment; (2) Damages awarded may include reasonable and necessary attorneys fees and expenses of litigation; and (3) A party may elect to pursue either the procedure specified in this subsection or the procedure specified in Code Section 9-15-14, but not both.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to actions filed on or after the effective date of this Act and to all pending actions the trial dates for which are more than 60 days after the effective date of this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 1, and the committee substitute was adopted.

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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 N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 2.

HB 239, having received the requisite constitutional majority, was passed by substitute.

HB 268. By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state

FRIDAY, MARCH 24, 2006

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officials, so as to change the annual salary of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Smith of the 52nd.

The Senate Judiciary Committee offered the following substitute to HB 268:
A BILL TO BE ENTITLED AN ACT

To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, is amended by striking subsection (c) of Code Section 15-18-14, relating to the appointment, qualifications, and compensation of assistant district attorneys, and inserting in lieu thereof the following:
(c) Each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule established in accordance with subsection (e) of Code Section 1518-19. The salary range for each class established in accordance with subsection (b) of this Code section shall be as follows:
(1) Assistant district attorney I. Not less than $27,696.00 $38,124.00 nor more than 65 percent of the compensation of the district attorney; (2) Assistant district attorney II. Not less than $30,552.00 $40,884.00 nor more than 70 percent of the compensation of the district attorney; (3) Assistant district attorney III. Not less than $37,140.00 $45,108.00 nor more than 80 percent of the compensation of the district attorney; and (4) Assistant district attorney IV. Not less than $42,966.00 $52,176.00 nor more than 90 percent of the compensation of the district attorney.

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SECTION 2. Said article is further amended in Code Section 15-18-14.1, relating to district attorney investigators, by striking subsection (d) and inserting in lieu thereof the following:
(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established pursuant to Code Section 15-18-19. The salary range for the investigator appointed pursuant to this Code section shall be not less than $23,490.00 $30,828.00 nor more than 70 percent of the compensation of the district attorney from state funds.
SECTION 3. Said article is further amended by striking Code Section15-18-16, relating to substitution of assistant on death or resignation of district attorney, and inserting in lieu thereof the following:
15-18-16. Upon the death or resignation of a district attorney, the chief assistant district attorney or, if there is no chief assistant district attorney, the assistant district attorney senior in time of service shall perform the duties of the deceased or resigned district attorney in his or her name until his such officials successor is appointed or elected and qualified. An assistant district attorney performing the duties of a deceased or resigned district attorney shall be compensated as provided for acting district attorneys in subsection (b) of Code Section 15-18-15.
SECTION 4. Said article is further amended by striking Code Section 15-18-20.1, relating to additional personnel for the district attorneys office, and inserting in lieu thereof the following:
15-18-20.1. Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of district attorney may contract with the Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the district attorney pursuant to this article. The governing authority of such county or municipality shall transfer to the department council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.
SECTION 5. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the compensation of certain state officials, is amended by striking paragraph (21) of subsection (a) of said Code section and inserting in lieu thereof the following:

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(21) Each district attorney ...........................................................88,635.00107,905.00
Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorneys judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law.
SECTION 6. (a) This section and Sections 3, 4, and 7 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1, 2, and 5 of this Act shall become effective on July 1, 2006.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

HB 268, having received the requisite constitutional majority, was passed by substitute.

HB 1083. By Representatives Harbin of the 118th, Burmeister of the 119th and Fleming of the 117th:

A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to change the definition of projects of the authority; to change certain purposes of the authority and to provide for additional purposes; to provide for an exemption from certain sales and use taxation; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Whitehead of the 24th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
February 6, 2006
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1083 (LC 18 5012)

FRIDAY, MARCH 24, 2006

3273

Dear Chairman O'Neal:
This bill amends the Georgia Medical Center Authority Act to remove language that ties the Authority to Augusta, thus giving the Authority a potential state-wide reach. In addition, this bill would exempt the Authority from paying sales tax on its taxable purchases. The Authority is already exempt from property taxes.

The Georgia State University Fiscal Research Center provided the following analysis regarding the revenue impact of this bill:

Personnel at the Authority report that it does not own any buildings; has furniture and equipment valued at about $500,000; does not have current plans for any large purchases; and has a total operating budget, including purchasing, of $250,000. As personnel costs typically amount to 65% to 70% or more of an operating budget, the dollar amount of the Authority's taxable purchases is estimated not to exceed $87,500 and is probably much less. Exemption of the State's four percent sales tax on this volume of sales will cost $3,500.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Shelley C. Nickel, 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
Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort

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 Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S

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Y Goggans

Y Pearson

Y Golden

Y Powell

Y Grant

Y Reed

Y Hamrick

Y Rogers

Harbison

Y Schaefer

Y Harp

Y Seabaugh

Y Heath

Y Seay

Y Henson

Y Shafer,D

On the passage of the bill, the yeas were 49, nays 0.

Y Tolleson Y Unterman Y Weber
Whitehead Y Wiles Y Williams Y Zamarripa

HB 1083, having received the requisite constitutional majority, was passed.

HB 1168. By Representatives Stephens of the 164th, Burkhalter of the 50th, Parrish of the 156th and Amerson of the 9th:

A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to permit sales of distilled spirits, malt beverages, and wines not produced for consumption on the premises at a tasting room of a winery; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Mullis of the 53rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp N Me V Bremen Y Miles Y Moody Y Mullis
Pearson Y Powell Y Reed Y Rogers

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead

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3275

Y Harbison Y Harp
Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 4.

HB 1168, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following Bill of the House:

HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Senator Johnson of the 1st asked unanimous consent that HR 1306, HB 1313 and HB 111 be immediately transmitted to the House.
The consent was granted and HR 1306, HB 1313 and HB 111 were immediately transmitted.

The Calendar was resumed.

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HB 1184. By Representatives Stephens of the 164th and Bryant of the 160th:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Hooks of the 14th.
The Senate Economic Development Committee offered the following substitute to HB 1184:
A BILL TO BE ENTITLED AN ACT
To amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for an annual report; 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 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, is amended by striking Code Section 12-6-131, relating to creation of foundation, board of trustees and their terms, and purpose of foundation, and inserting in its place a new Code section to read as follows:
12-6-131. (a) The Herty Foundation Advanced Materials Development Center is created as a body politic and corporate, with perpetual succession of members for the purposes stated in this part, and as such shall have full power and authority to make bylaws for its own governance and rules and regulations for the governance of the directors and employees, to contract with all necessary employees for the successful operation of the foundation center, to bring and defend actions by the name and style aforesaid, and to have and use a common seal. The foundation center generally shall be clothed with all the rights, powers, and privileges incident to corporations and necessary or convenient for carrying out the purposes of their creation. (b) There is created and established a board of trustees for the Herty Foundation Advanced Materials Development Center, to be composed of five members to be appointed by the Governor. Trustees shall be named for five-year terms staggered so that one term will expire each year. Their successors shall be named for five-year terms.

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(c) The purposes of the foundation are to experiment in pulpwood of all kinds, to discover and determine uses for which the same are adaptable, to conduct research and experimentation with respect to natural and synthetic fibers and materials of all types, to produce and manufacture for others goods and products using such pulpwood, fibers, and materials, and to permit those states, subdivisions, corporations, and individuals who contribute to the maintenance and support of the foundation to share fully and equally in the accomplishments and services of the foundation The purposes of the Herty Advanced Materials Development Center are to conduct research, development, and commercialization with respect to natural and synthetic organic and inorganic materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural or synthetic materials of all types that serve to enhance the economy of the State of Georgia. (d) The foundation center is assigned to the Department of Economic Development for administrative purposes only. (e) The center is authorized to incorporate one or more nonprofit corporations as subsidiary corporations of the center for the purpose of carrying out any of the powers of the center and to accomplish any of the purposes of the center. Any subsidiary corporations created pursuant to this subsection shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the center, any assets shall revert to the center or to any successor to the center or, failing such succession, to the State of Georgia. The center and all subsidiary corporations created pursuant to this Code section shall enjoy the same rights and privileges as any other governmental agency under Code Section 50-18-72.
SECTION 2. Said part is further amended by striking Code Section 12-6-133, relating to the powers of the Herty Foundation, and inserting in its place a new Code section to read as follows:
12-6-133. The foundation center shall have the following powers:
(1) To establish and modify from time to time a system of experimentation in pulpwood natural and synthetic materials of all types; (2) To conduct research and experimentation, development, and commercialization with respect to natural and synthetic fibers and materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural and synthetic materials of all types that serve to enhance the economy of the State of Georgia and to produce and manufacture for others goods and products using pulpwood and natural or synthetic fibers and materials material; (3) To accept and hold title to the equipment of every kind now being used at Savannah, Georgia, or elsewhere; (4) To acquire and own realty and personal property regardless of where located; and

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(5) To do generally such acts and things as are found necessary to promote and advance the basic purpose of the foundation center as stated in Code Section 12-6131.
SECTION 3. Said part is further amended by striking Code Section 12-6-134, relating to the purpose of the Herty Foundation, acceptance of donations and appropriations, certain duties, and reports, and inserting in its place a new Code section to read as follows:
12-6-134. (a) The Herty Foundation Advanced Materials Development Center is declared to be a public foundation center created, designed, and intended for the purpose of rendering services not only to the citizens of Georgia but, in equal manner and to the same extent, to the citizens of the other states of the South. (b) The foundation center is authorized to accept donations, bequests, and appropriations from this state or any other state or any subdivision thereof or from any individual or corporation. In consideration of such appropriations, the foundation center is empowered to conduct, within the limits of its equipment, experimentation on any pulpwood or natural or synthetic fibers or materials peculiarly beneficial to the various states making such appropriations. (c) The foundation center is required to permit the citizens of those states or subdivisions contributing to the support of the foundation center to visit and go upon the premises, observe the experiments, and in general to exercise and enjoy a full and free privilege at and around experimental stations. (d) The foundation center is directed, after conducting experiments for this state or for other states which contribute to the support of the foundation, to make a full and intelligent report of the results of such experimentation to produce an annual report on its activities and to make such report available upon request.
SECTION 4. Said part is further amended by striking Code Section 12-6-135, relating to the appointment of directors from states making financial contribution to the Herty Foundation and effect of cessation of contributions, and inserting in its place a new Code section to read as follows:
12-6-135. If at any time any other state making financial contributions or appropriations to the support of the foundation center desires to be represented on the board of directors, authority is given to the governor of such other state to appoint one citizen of his or her state to become a director of the foundation center, who shall upon being thus appointed have and enjoy the same rights and powers as the five original members, provided that when any state ceases for a period of one year to contribute to the support of the foundation center, the member of the board of directors appointed by such state shall automatically cease to be a member of the board and shall cease to enjoy and exercise the powers of such director.

FRIDAY, MARCH 24, 2006

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SECTION 5. Said part is further amended by striking Code Section 12-6-136, relating to service of process upon the Herty Foundation, and inserting in its place a new Code section to read as follows:
12-6-136. No process shall be deemed served upon the foundation center by service upon any person other than one of the five trustees provided for in Code Section 12-6-131.
SECTION 6. Said part is further amended by striking Code Section 12-6-137, relating to the Herty Foundations title to property, and inserting in its place a new Code section to read as follows:
12-6-137. The title to the properties of the foundation center shall be vested in the five trustees whose residence shall be in Georgia and their successors in office, the venue to all court actions to be in the State of Georgia, the rules and regulations with reference to the county in which actions may be brought and the proceedings regarding service to be as now provided by law, provided that in the event the foundation center is dissolved, the assets of the foundation center shall revert to the State of Georgia.
SECTION 7. Said part is further amended by striking Code Section 12-6-138, relating to the Herty Foundations support of experimental work, and inserting in its place a new Code section to read as follows:
12-6-138. The board of directors as provided for in Code Section 12-6-132 shall have such authority as they may, in their discretion, require in order to extend support to other individuals or foundations centers in experimental work with pulpwood or natural or synthetic fibers or materials of all kinds.
SECTION 8. Said part is further amended by striking Code Section 12-6-139, relating to audit of the Herty Foundations accounts, and inserting in its place a new Code section to read as follows:
12-6-139. It shall be the duty of the state auditor to audit the books and accounts of the foundation center and to submit such audit to the Governor, who shall notify the members of the General Assembly of the availability of the audit in the manner which he or she deems to be most effective and efficient.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner
Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1184, having received the requisite constitutional majority, was passed by substitute.

HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others:

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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Carter of the 13th.

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3281

Senator Carter of the 13th offered the following amendment:
Amend HB 1216 by striking on line 15, page 1 the word "three" and inserting in its place the word "four".

On the adoption of the amendment, the yeas were 43, nays 0, and the Carter amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay
Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1216, having received the requisite constitutional majority, was passed as amended.

The following communication was received by the Secretary:

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Senator Jack Hill District 4 234 State Capitol Atlanta, GA 30334

Committees: Appropriations Education and Youth Ethics Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

3/24/06

Mr. Secretary,

Please record my vote on the following bills as "Aye."

HB 268 HB 1184 HB 1216

/s/ Jack Hill

HB 1236. By Representatives Wilkinson of the 52nd and Forster of the 3rd:

A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to provide for the registration of certain motor vehicles in the county where such vehicles are functionally located; to provide for a definition; to provide for related matters; 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 Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith E Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 1236, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:

A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Senator Hamrick of the 30th asked unanimous consent that the Senate insist on its substitute to HB 1059.

The consent was granted and the Senate insisted on its substitute to HB 1059.

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The Calendar was resumed.
HB 1240. By Representatives Coan of the 101st, Butler of the 18th, Knox of the 24th, Horne of the 71st, Cox of the 102nd and others:

A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to provide that the employer must provide notice to the employee within 60 days of the employees release to return to work with restrictions or limitations; to provide that an employee must submit charges within one year of the date of incurring mileage expenses or the right to collect such charges shall be deemed to be waived; to increase the maximum death benefit to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employees death; to require that physicians treating workers compensation claimants comply with provisions against selfreferral; to make a conforming amendment to Chapter 1B of Title 43 of the O.C.G.A., relating to patient self-referral; 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 Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 1240, having received the requisite constitutional majority, was passed.

Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Golick of the 34th, Knox of the 24th, Watson of the 91st.

The following bill was taken up to consider House action thereto:

HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide

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for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Shafer of the 48th asked unanimous consent that the Senate adhere to its substitute to HB 1257 and that a Conference Committee be appointed.

The consent was granted and the President appointed as a Conference Committee the following Senators: Hudgens of the 47th, Shafer of the 48th and Cagle of the 49th.

Senator Goggans of the 7th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

The Calendar was resumed.

HB 1292. By Representatives Keown of the 173rd, Neal of the 1st, Mills of the 25th, Buckner of the 130th, Borders of the 175th and others:

A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create a prison chaplains appreciation day; 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 Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen
Miles E Moody Y Mullis Y Pearson

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson

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Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 1292, having received the requisite constitutional majority, was passed.

HB 1294. By Representatives Smith of the 113th, Floyd of the 147th and Royal of the 171st:

A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the O.C.G.A., relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), so as to delay the repeal of a certain provision of said Act until June 30, 2008; to eliminate the June 30, 2006, repeal of a certain provision of said Act; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to provide for certain nonlapsing revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harp of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Jones Y Kemp Y Me V Bremen Y Miles

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R

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Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1294, having received the requisite constitutional majority, was passed.

Senator Hill of the 32nd asked unanimous consent to drop HB 1325 to the foot of today's Senate Rules Calendar.

The consent was granted and HB 1325 was placed at the foot of the Rules Calendar.

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 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:

A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authoritys eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes.

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3289

Senator Johnson of the 1st asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

Senator Chance of the 16th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

The Calendar was resumed.

HB 1326. By Representatives Coan of the 101st, Williams of the 4th, Butler of the 18th, Carter of the 159th, Cox of the 102nd and others:

A BILL to be entitled an Act to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, so as to change certain provisions regarding adjustment in contribution rates; 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 Y Balfour
Brown Y Bulloch Y Butler Y Cagle E Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 49, nays 0.
HB 1326, having received the requisite constitutional majority, was passed.
HB 1404. By Representatives McCall of the 30th, Roberts of the 154th and Crawford of the 127th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmers markets; to provide an effective date; 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 Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Jones Y Kemp Y Me V Bremen Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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3291

On the passage of the bill, the yeas were 47, nays 0.

HB 1404, having received the requisite constitutional majority, was passed.

HB 1405. By Representatives Coan of the 101st, Burkhalter of the 50th, Heard of the 104th, Keen of the 179th, England of the 108th 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 require that a claim be proven or documented within 36 months after a notice of claim is filed; 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 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
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Jones Y Kemp Y Me V Bremen Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

HB 1405, having received the requisite constitutional majority, was passed.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:
HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Bearden of the 68th, Keen of the 179th, Ralston of the 7th.
Senator Staton of the 18th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused.
Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.
The Calendar was resumed.
HB 1423. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts, so as to change the terms of the superior court in Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 24, 2006

3293

Senate Sponsor: Senator Unterman of the 45th.

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 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 E Johnson Y Jones Y Kemp Y Me V Bremen
Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr
Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C
Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles
Williams Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

HB 1423, having received the requisite constitutional majority, was passed.

Senator Smith of the 52nd asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson was excused

HB 1436. By Representatives Smith of the 113th, Ehrhart of the 36th, Chambers of the 81st, Drenner of the 86th, Burkhalter of the 50th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the O.C.G.A., relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a full-course meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6

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of Title 40 of the O.C.G.A., relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a full-course meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Balfour of the 9th.
The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1436:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a food item; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a food item is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, is amended by inserting at the end thereof a new Code Section 3-6-4 to read as follows:
3-6-4. Notwithstanding any other contrary provision of law, any establishment which is licensed to sell alcoholic beverages for consumption on the premises may permit a patron to remove one unsealed bottle of wine per patron for consumption off premises, if the patron has purchased a food item and consumed a portion of the bottle of wine on the premises with such food item on the establishments premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and food item shall be provided by the licensee and attached to the container. If transported

FRIDAY, MARCH 24, 2006

3295

in a motor vehicle, the container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
SECTION 2. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, is amended by striking paragraph (2) of subsection (a) of Code Section 40-6-253, relating to consumption of alcoholic beverages or possession of open container of alcoholic beverage in passenger area, and inserting in its place a new paragraph (2) to read as follows:
(2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and (B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed.
A bottle of wine that has been resealed pursuant to Code Section 3-6-4 shall not constitute an open alcoholic beverage container for purposes of this Code section.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Seabaugh of the 28th and Reed of the 35th offered the following amendment #1:
Amend the substitute to HB 1436 by deleting the period on line two (2) at page two (2) and inserting the following at line two (2) page two (2) following the word trunk "or any other compartment of the vehicle which is secured by a latch and completely closed.
On the adoption of the amendment, the yeas were 42, nays 0, and the Seabaugh, Reed amendment #1 was adopted.
Senator Unterman of the 45th offered the following amendment #2:
Amend Article 1 of Chapter 6 of Title 3 of the committee substitute to HB 1436 by adding on line 4 page 2.
Any resident of the State of Georgia may receive up to twenty-four (24) 9-liter cases of wine annually mailed directly to the resident who is at least 21 years of age for such resident's personal use and not for resale.
The State of Georgia Department of Alcoholic Beverage Control (State Revenue Agency) may promulgate rules and regulations to effectuate the purpose of this law.
Renumber Section 2 to Section 3.

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Senator Staton of the 18th offered the following amendment #2a:

Amend Amendment #2 to HB 1436 by changing line 5 "9-liter cases" to "750 ml bottles" Senator Staton of the 18th asked unanimous consent to fix a typographical error in his amendment #2a to read "750 ml."

The consent was granted and the amendment was changed.

On the adoption of the amendment, the yeas were 32, nays 1, and the Staton amendment #2a was adopted.

On the adoption of the amendment, Senator Unterman of the 45th, called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman N Balfour
Brown N Bulloch Y Butler N Cagle N Carter E Chance N Chapman Y Douglas
Fort N Goggans N Golden N Grant N Hamrick N Harbison N Harp N Heath N Henson

N Hill,Jack Y Hill,Judson N Hooks N Hudgens E Johnson N Jones N Kemp N Me V Bremen Y Miles E Moody N Mullis E Pearson N Powell N Reed N Rogers N Schaefer N Seabaugh N Seay N Shafer,D

Y Smith E Starr Y Staton N Stephens N Stoner N Tarver N Tate N Thomas,D N Thomas,R N Thompson,C N Thompson,S N Tolleson Y Unterman N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 9, nays 40, and the Unterman amendment #2 was lost.

Due to the failure of amendment #2, the Staton amendment #2a was moot.

Senators Shafer of the 48th and Balfour of the 9th offered the following amendment #3:

Amend the committee substitute (LC 36 0321S) to HB 1436 by striking the words "a food item" on line 19 of page 1 and inserting the word "meal."

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On the adoption of the amendment, the yeas were 34, nays 1, and the Shafer, Balfour amendment #3 was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter E Chance N Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen N Miles E Moody Y Mullis N Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 45, nays 4.

HB 1436, having received the requisite constitutional majority, was passed by substitute.

The following bill was taken up to consider House action thereto:

HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:

A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for

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the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authoritys eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes.
Senator Balfour of the 9th asked unanimous consent that the Senate insist on its substitute to HB 1313.
The consent was granted and the Senate insisted on its substitute to HB 1313.
Senator Shafer of the 48th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
The Calendar was resumed.
HB 1451. By Representatives Sheldon of the 105th, Knox of the 24th, Walker of the 107th, Byrd of the 20th, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Goggans of the 7th.
The Senate Health and Human Services Committee offered the following substitute to HB 1451:
A BILL TO BE ENTITLED AN ACT
To amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, is amended by striking Code Section 49-4-161, relating to definitions, and inserting in lieu thereof a new Code Section 49-4-161 to read as follows:
49-4-161. As used in this article, the term:
(1) 'Asset disregard' means the total assets an individual owns and may retain upon application for the, with regard to state Medicaid program and still qualify for benefits, the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an if the individual:
(A) Is who is a beneficiary under of a Georgia Long-Term Care Partnership Program approved policy; and (B) Has exhausted the benefits of such policy or has diminished such assets below anticipated remaining policy benefits a qualified long-term care insurance partnership policy. (2) 'Commissioner' means the Commissioner of Insurance. (2)(3) 'Department' means the Department of Community Health. (3) (4) 'Georgia Long-Term Qualified Long-term Care Partnership Program approved policy' means a long-term care insurance policy that is approved by the Commissioner of Insurance and is provided through state approved long-term care insurers through the Georgia Long-Term Care Partnership Program meets the model regulations and requirements of the National Association of Insurance Commissioners long-term care insurance model regulation and long-term care insurance model act as specified in 42 U.S.C. 1917(b) and Section 6021 of the Federal Deficit Reduction Act of 2005 and the Commissioner certifies such policy as meeting these requirements. (4) (5) 'State Medicaid program' means the medical assistance program established in this state under Title XIX of the federal Social Security Act. (6) 'State plan amendment' means a state Medicaid plan amendment made to the federal Department of Health and Human Services that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified long-term care insurance partnership policy.
SECTION 2. Said article is further amended by striking Code Section 49-4-162, relating to the Georgia Long-term Care Partnership Program, and inserting in lieu thereof a new Code Section 49-4-162 to read as follows:
49-4-162. (a) There In accordance with Section 6021 of the Federal Deficit Reduction Act of 2005, there is established the Georgia Long-Term Long-term Care Partnership Program which shall be administered by the Department of Community Health, with the assistance of the Commissioner of Insurance and the Department of Human Resources,

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and which shall be for the following purposes: (1) To provide incentives for individuals to insure against the costs of providing for their long-term care needs; (2) To provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources; (3) To provide counseling services through the Division of Aging Services of the Department of Human Resources to individuals in planning of their long-term care needs; and (4) To alleviate the financial burden on the states Medicaid program by encouraging the pursuit of private initiatives.
(b) Upon the exhaustion of benefits or upon the diminishment of assets below the anticipated remaining benefits under a Georgia Long-Term Qualified Long-term Care Partnership Program approved policy, certain assets of an individual, as provided in subsection (c) of this Code section, shall not be considered when determining any of the following:
(1) Medicaid eligibility; (2) The amount of any Medicaid payment; and (3) Any subsequent recovery by the state of a payment for medical services. (c) The department shall: amend the state Medicaid program to allow for asset disregard. The department shall provide for asset disregard by counting insurance benefits paid for covered services under the Georgia Long-Term Care Partnership Program for purchasers of a Georgia Long-Term Care Partnership Program approved policy toward asset disregard (1) Within 180 days of the effective date of this Code section, make application to the federal Department of Health and Human Services for a state plan amendment to establish that the assets an individual owns and may retain under Medicaid and still qualify for benefits under Medicaid at the time the individual applies for benefits is increased dollar for dollar for each dollar paid out under the individuals long-term care insurance policy if the individual is the beneficiary of a qualified long-term care insurance partnership policy purchased through the Georgia Long-term Care Partnership Program; and (2) Provide information and technical assistance to the Commissioner to assure that any individual who sells a qualified long-term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care.
SECTION 3. Said article is further amended by striking Code Section 49-4-163, relating to eligibility for asset disregard, and inserting in lieu thereof a new Code Section 49-4-163 to read as follows:
49-4-163. (a) An individual who is a beneficiary of a Georgia Long-Term Qualified Long-term

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Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection (c) of Code Section 49-4-162. (b) If the Georgia Long-Term Long-term Care Partnership Program is discontinued, an individual who purchased a Georgia Long-Term Qualified Long-term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard if allowed as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005. (c) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has asset disregard provisions as established under this article as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005.
SECTION 4. Said article is further amended by striking Code Section 49-4-164, relating to rules and regulations, and inserting in lieu thereof a new Code Section 49-4-164 to read as follows:
49-4-164. (a) The Commissioner shall:
(1) Develop requirements to ensure that any individual who sells a qualified longterm care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care; and (2) Not impose any requirement affecting the terms or benefits of qualified long-term care partnership policies unless the Commissioner imposes such a requirement on all long-term care policies sold in this state without regard to whether the policy is covered under the partnership or is offered in connection with such partnership. (b) The department and the Commissioner of Insurance are authorized to promulgate rules and regulations to implement and administer the provisions of this article. (c) The issuers of qualified long-term care partnership policies in this state shall provide regular reports to both the Secretary of the Department of Health and Human Services in accordance with federal law and regulations and to the department and the Commissioner as provided in Section 6021 of the Federal Deficit Reduction Act of 2005.
SECTION 5. Said article is further amended by striking Code Section 49-4-165, relating to notice to consumers, and inserting in lieu thereof a new Code Section 49-4-165 to read as follows:
49-4-165. (a) A qualified long-term care insurance partnership policy issued after the effective date of this article shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests. (b) The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance.

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SECTION 6. Said article is further amended by striking Code Section 49-4-166, relating to effective date, and inserting in lieu thereof a new Code Section 49-4-166 to read as follows:
49-4-166. The provisions of this article shall become effective 60 days after the effective date of the repeal of the restrictions to asset protection contained in the federal Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat. 312 Reserved.

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
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

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 47, nays 0.

HB 1451, having received the requisite constitutional majority, was passed by substitute.

HB 1483. By Representative Parsons of the 42nd:

A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to require two public hearings prior to decreasing any local salary supplement when there has been an increase in the state minimum salary schedule; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Weber of the 40th.

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 Y Chapman Y Douglas Y Fort Y Goggans Y Golden
Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1483, having received the requisite constitutional majority, was passed.

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HB 834. By Representatives Roberts of the 154th, Royal of the 171st, Floyd of the 147th, McCall of the 30th, Lane of the 158th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption regarding the sale of liquefied petroleum gas or other fuel used for certain swine raising purposes; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Bulloch of the 11th.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
April 18, 2005
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 834 (LC 18 4366)
Dear Chairman O'Neal:
This bill would provide an exemption from the state sales and use tax for sales of liquefied petroleum gas or other fuel used in a structure in which swine are raised.
The Georgia State University Fiscal Research Center has estimated that this legislation would lower state sales and use tax revenue by $140,000 in FY2006. The Center provided the following analysis regarding this estimate:

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The 2002 Census of Agriculture for Georgia indicates that total farm expenses equaled $3.845 billion and that gasoline, fuels, and oil comprised $149 million. Total farm revenue (production expenses plus reported net income) equaled $5.226 billion based on the results reported in the Census. Revenue from the sale of hogs and pigs equaled $65.4 million and made up 1.25% of total revenue.

It is assumed that the share of farm expenses for gasoline, fuels and oils attributable to swine is equal to the share of total farm revenue derived from the sale of hogs and pigs. Thus, the total expense of $149 million is multiplied by 1.25% to yield the estimated expenditures on fuels for swine raising purposes. This equals approximately $1.86 million in 2002.

To account for the escalation in fuel prices since 2002, this expenditure was increased by 87%. This escalation is based on the average of the change in propane and gasoline prices from 2002 to December 2004. This yields estimated expenditures of $3.5 million on fuels for swine production. Multiplying this expenditure estimate by the state sales tax rate of 4% yields an expected reduction in sales and use tax to the state of $140,000. Since oil prices are near all time highs, it is likely that this estimate will not be impacted by further price escalation in the near term.

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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C

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Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

HB 834, having received the requisite constitutional majority, was passed.

HB 1542. By Representative Ralston of the 7th:

A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to extend the date by which the licensing requirements imposed by the chapter become effective; to extend the date by which persons must meet and apply to be licensed without examination; to change provisions relating to licensure involving a reciprocal agreement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Pearson of the 51st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson

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Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1542, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:

A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Senator Hamrick of the 30th asked unanimous consent that the Senate adhere to its substitute to HB 1059 and that a Conference Committee be appointed.

The consent was granted and the President appointed as a Conference Committee the following Senators: Hamrick of the 30th, Weber of the 40th and Harp of the 29th.

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 Grant of the 25th asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused.

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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 Douglas of the 17th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance 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.
The Calendar was resumed.
HB 1054. By Representatives Stephens of the 164th, Parham of the 141st, Parrish of the 156th, Graves of the 137th and Carter of the 159th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.
The Senate Health and Human Services Committee offered the following substitute to HB 1054:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for an exception to the requirement that expired drugs be returned by emergency service providers to the issuing pharmacy; 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 in Code Section 16-13-25, relating to Schedule I controlled substances, by striking subparagraphs (O), (Z), and (SS) of paragraph (3) and inserting in

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their respective places the following: (O) Psilocyn (Psilocin); (Z) 3, 4-Methylenedioxymethamphetamine (MDMA); (SS) MDMA (3, 4 Methylene Dioxymethamphetamine) Reserved;
SECTION 2. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by striking paragraph (33) and inserting its place the following:
(33) Zolpidem; (34) Zopiclone, and all salts, isomers, and salts of isomers thereof.
SECTION 3. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by striking paragraphs (116.05), (116.1), (193.5), (515), (663.1), and (663.75) in subsection (b) and inserting in their respective places the following:
(116.05) Buprenorphine Reserved; (116.1) Buproprion Bupropion; (193.5) Cinacalet Cinacalcet; (515) Levallorphan Reserved; (663.1) Olmesartain Olmesartan; (663.75) Orlistat See exceptions;
SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by inserting new paragraphs in subsection (b) to read as follows:
(13.53) Adalimumab; (108.5) Bromfenac; (243.5) Deferasirox; (332.85) Entecavir; (380.6) Exenatide; (409.8) Galsulfase; (464.7) Iloprost; (513.7) Lenalidomide; (544.5) Mecasermin; (616.05) Micafungin; (638.75) Nelarabine; (640.1) Nepafenac; (681.4) Palifermin; (692.51) Pegfilgrastin; (692.515) Peginterferon;

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(769.3) Pramlintide; (772.5) Pregabalin; (831.04) Ramelteon; (843.2) Risedronate; (966.3) Tigecycline; (967.57) Tipranavir;
SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by inserting a new paragraph in subsection (c) to read as follows:
(16.95) Orlistat when a single dosage unit is 60 mg. or less;
SECTION 6. Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended in Code Section 26-4-116, relating to emergency service providers, contracts with issuing pharmacy, record keeping, and inspections, by striking subsection (g) and inserting in its place the following:
(g) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board; provided, however, that this subsection shall not apply to expired biologic product in single dose packaging, with orphan drug designation by the federal Food and Drug Administration, that is considered life-saving rescue medication and is critical to natural disaster management, as determined by the board in consultation with the Georgia Emergency Management Agency.
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Senator Williams of the 19th moved the previous question.
There were no objections and the previous question was ordered.
Senators Smith of the 52nd, Thomas of the 54th and Henson of the 41st offered the following amendment #1:
Amend the Senate Health and Human Services Committee substitute to HB 1054 (LC 33 1544S) by striking lines 4 through 7 of page 1 and inserting the following:
change certain provisions relating to the definition of the term "dangerous drug"; to provide an effective

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By striking lines 5 through 16 of page 3 and by redesignating Sections 7 and 8 as Sections 6 and 7, respectively.

On the adoption of the amendment, the yeas were 43, nays 0, and the Smith et al. amendment #1 was adopted.

Senator Thompson of the 33rd offered the following amendment #2:

Amend the committee substitute to HB 1054 by changing Section (SS) on page one to read Sudafed

Senator Thompson of the 33rd asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Thompson of the 33rd offered the following amendment #3:

Amend the committee substitute to HB 1054 by adding to page 1 of HB 1054 a new addition to that portion relating to schedule (3) to add the medication Sudafed

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 E Chance N Chapman N Douglas Y Fort
Goggans Y Golden N Grant Y Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens E Johnson Y Jones N Kemp E Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed
Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman E Weber N Whitehead N Wiles N Williams N Zamarripa

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On the adoption of the amendment, the yeas were 20, nays 29, and the Thompson of the 33rd amendment #3 was lost.

On the adoption of the substitute, the yeas were 44, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter E 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 E Johnson Y Jones Y Kemp E Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber N Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 1.

HB 1054, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Jim Whitehead, Sr. District 24 319-B Coverdell Legislative Office Building Atlanta, GA 30334 Operations

Committees: Transportation Economic Development Natural Resources and the Environment State and Local Governmental

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The State Senate Atlanta, Georgia 30334
Secretary of the Senate
Bob,
I voted yea on HB 1054 but was on the board as nay. Please have it changed per this request.
Thanks,
/s/ Jim Whitehead, Sr.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:
HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authoritys eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Fleming of the 117th, Golick of the 34th, Willard of the 49th.

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Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.
The Calendar was resumed.
HB 801. By Representatives McCall of the 30th, Richardson of the 19th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, so as to eliminate a requirement for consultation with appropriate licensed practitioners of the healing arts; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Whitehead, Sr. of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter E Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 47, nays 0.
HB 801, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:
HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authoritys eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes.
Senator Balfour of the 9th asked unanimous consent that the Senate adhere to its substitute to HB 1313 and that a Conference Committee be appointed.
The consent was granted and the President appointed as a Conference Committee the following Senators: Wiles of the 37th, Balfour of the 9th and Carter of the 13th.
Senator Kemp of the 46th asked unanimous consent that Senator Wiles of the 37th be excused. The consent was granted, and Senator Wiles was excused
Senator Heath of the 31st asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused
The Calendar was resumed.
HB 1456. By Representatives Meadows of the 5th, Maxwell of the 17th, Smith of the 131st, Forster of the 3rd, Holt of the 112th 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 provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness

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policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to require that certain group accident and sickness insurance policies insure certain dependent children of the insured up to and including age 25; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Shafer of the 48th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1456:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by striking Code Section 33-29-9, relating to requirements as to references in policies to noncancelable nature or guaranteed renewability nature of individual accident and sickness insurance, and inserting in its place a new Code section to read as follows:
33-29-9. (a) No policy of accident or sickness insurance shall refer to its noncancelable nature without at the same time disclosing all options the insurer may have in regard to renewability; and the guaranteed renewable nature of any such policy shall not be referred to unless the reference at the same time discloses the qualifications on the guarantee of renewability, including any age limits, any right to change premium rates by class, any aggregate provisions, and any other limitations on the right to renewal in a manner which shall not minimize or render obscure the qualifying conditions. (b) An insurer operating in the major medical or comprehensive, guaranteed renewable business in the State of Georgia shall permit an insured to change his or her major medical or comprehensive coverage, upon election at any renewal, to a comparable product currently offered by that insurer or a product currently offered by

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that insurer with more limited product benefits; to a product with higher deductibles; or to modify his or her existing coverage to elect any optional higher deductibles under that policy. If such product, benefit, or deductible change is elected by the insured during the 60 day required period after notice of renewal premium increase but before renewal date, such insured shall not be subject to any new preexisting conditions exclusion that did not apply to his or her original coverage. (c) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section.
SECTION 2. Said chapter is further amended by adding a new Code Section 33-29-21.1 to read as follows:
33-29-21.1. Every policy which contains a provision for termination of coverage of a dependent upon the reaching of a certain age shall contain a provision to the effect that, upon the date of the dependent reaching the age at which coverage would terminate under the provisions of the policy, the dependent shall be entitled to have issued to him or her, without evidence of insurability, upon application made to the company within 31 days following the date the dependent reaches the age at which coverage would terminate and upon the payment of the appropriate premium, an individual or family policy of accident and sickness insurance then being issued by the insurer which provides coverage most nearly similar to the coverage contained in the policy which was terminated by reason of dependent reaching a certain age or any similar individual or family policy then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such an individual or family policy shall be considered as being met to the extent coverage was in force under the prior policy.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Hudgens of the 47th and Shafer of the 48th offered the following amendment #1:
Amend the Senate Insurance and Labor Committee substitute to HB 1456 (LC 37 0166S) by striking line 6 of page 1 and inserting in its place the following:
to provide for related matters; to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes, so as to provide for an exemption for certain high deductible health plans sold or maintained in connection with a health savings account with respect to state insurance premium taxes; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the taxable net income of any taxpayer of this state shall not include premiums paid for high deductible health plans established and used with a health savings account; to provide for conditions and limitations; to provide for related

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matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
By striking lines 24 and 25 of page 2 and inserting in their place the following:

SECTION 3. Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes, is amended by inserting a new subsection (c) in Code Section 33-8-4, relating to amount and method of computing tax on insurance premiums generally, to read as follows:
(c) Insurers may claim an exemption from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section in an amount equal to 2.25 percent of the premiums such insurers collect during the applicable tax year from Georgia residents on premiums paid for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code.
SECTION 4. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by inserting a new paragraph (13.1) in subsection (a) of Code Section 48-727, relating to computation of taxable net income, to read as follows:
(13.1) An amount equal to 100 percent of the premium paid by the taxpayer during the taxable year for high deductible health plans established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been included in itemized nonbusiness deductions.
SECTION 5. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2006. (b) Sections 3 and 4 of this Act shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on and after January 1, 2007.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the amendment, the yeas were 42, nays 0, and the Hudgens, Shafer amendment #1 was adopted.

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3319

Senator Hudgens of the 47th offered the following amendment #2:

Amend the senate substitute (LC 37 0166S) to HB 1456 on page 2, line 15 delete "31" and add "45".

Senator Hudgens of the 47th asked unanimous consent that his amendment #2 be withdrawn. The consent was granted and the amendment was withdrawn.

Senator Hudgens of the 47th asked unanimous consent that the Senate reconsider its action in adopting the Hudgens, Shafer amendment #1.

The consent was granted and the Senate reconsidered its action in adopting the Hudgens, Shafer amendment #1.

Senator Hudgens of the 47th asked unanimous consent that his amendment #1 be withdrawn. The consent was granted and the amendment was withdrawn.

Senator Hudgens of the 47th asked unanimous consent to renumber his amendment #2 to amendment #3.

The consent was granted and amendment #2 was renumbered to amendment #3.

Senator Hudgens of the 47th offered the following amendment #3:

Amend the Senate substitute (LC 37 0166S) to HB 1456 on page 2, line 15 delete "31" and add "45".

On the adoption of the amendment, the yeas were 32, nays 2, and the Hudgens amendment #3 was adopted.

On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown E Bulloch Y Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson

Y Smith E Starr Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter E Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead E Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1456, having received the requisite constitutional majority, was passed by substitute.

HB 1252. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th:

A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to provide for relevant definitions; to clarify the qualifications for a limited and temporary driver school permit; to provide qualifications for commercial driver training school operators; to provide standards for business names of driver training schools; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 46th.

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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver

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Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1252, having received the requisite constitutional majority, was passed.

Senator Smith of the 52nd asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

HB 1244. By Representatives Scott of the 2nd, Reece of the 27th, Chambers of the 81st, Williams of the 4th, Graves of the 12th and others:

A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit bases; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Rogers of the 21st.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400

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Russell W. Hinton State Auditor (404) 656-2174

March 1, 2006

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 1244 Substitute (LC 18 5341S)

This bill expands the current motor fuel tax exemption for public transit to include fuel purchases made by public transit and used in vehicles which carry seven or more passengers for which passenger fares are collected for revenue generating purposes and fuel purchases made by certain public university transit systems that connect with local public transit. This would not include fuel purchased and used in vehicles owned by public mass transit used for other purposes (e.g., maintenance vehicles).

The Georgia State University Fiscal Research Center estimates the total fuel tax revenue loss to the state to be $495,000. The Center provided the following analysis of the revenue impact of this bill:

The data used to produce the following estimates are obtained from the U.S. Bureau of the Census, the National Transportation Database (NTD) and a recent survey conducted by the Georgia Regional Transportation Authority (GRTA).

Currently, Georgia collects an excise tax of 7.5 cents per gallon from all distributors who sell or use motor fuel within the state. In addition to the state excise tax, prepaid sales tax is collected from fuel distributors in the amount of $0.075 per gallon for gasoline, $0.078 per gallon for Diesel fuel, and $0.068 per gallon for C.N.G. and other special fuels.

The county transit van pool data from the NTD is used to estimate the fuel consumption in van pools per capita in 2004 (0.3224 gallons used in van pools per capita). Per capita fuel use (for transit van pools) is then inflated to the state's 2004 population to obtain an estimate of the total van pool fuel usage (2,875,205 gallons in 2004). If van pool fuel consumption increases by 3 percent per year, total fuel consumption in transit van pools in 2007 is estimated to be 3.1 million gallons. Assuming current fuel prices remain constant through FY 2007, exempting these purchases from the fuel taxes (excise and prepaid) the state would reduce state motor fuel tax revenues by $465,000 ($232,500 in excise taxes and $232,500 in prepaid tax).

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3323

Only two public universities appear to meet the qualifications for the fuel tax exemption, Georgia Technical Institute and the University of Georgia. The combined student population of the two campuses is approximately 50,000. According to information obtained from GRTA, the University of Georgia paid approximately $21,000 in fuel tax in 2003-2004. If Georgia Technical Institute's fuel tax is assumed to be half of that of the University of Georgia (based on student population), the total additional fuel tax loss from exempting campus transit would be approximately $30,000. The total fuel tax loss to the state from this bill is estimated to be $495,000.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Shelley C. Nickel, Director Office of Planning and Budget
The Senate Finance Committee offered the following substitute to HB 1244:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit buses; to provide for an additional exemption for a limited period of time with respect to certain vehicles operated by a public campus transportation systerm; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, is amended by striking paragraph (10) of subsection (b) and inserting in its place a new paragraph (10) to read as follows:
(10)(A) During the period of July 1, 2005 2006, through June 30, 2008, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit buses vehicles which are owned by state or local government or an entity created by local or general law of the General Assembly public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which buses vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department.

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(B) During the period of July 1, 2006, through June 30, 2008, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 1, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 49, nays 1.

HB 1244, having received the requisite constitutional majority, was passed by substitute.

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.

HB 1282. By Representatives Ralston of the 7th and O`Neal of the 146th:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, so as to provide for the filing of a notice of settlement; to provide for an index; to provide for a fee; to provide for a form; to provide for the effect of notice; to provide for duration; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Henson of the 41st.

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 Y Goggans Y 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 E Me V Bremen N Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 46, nays 2.

HB 1282, having received the requisite constitutional majority, was passed.

SR 1170. By Senators Kemp of the 46th, Adelman of the 42nd, Cagle of the 49th, Hudgens of the 47th, Shafer of the 48th and others:

A RESOLUTION urging the Governor to continue his pursuit of the National Bio and Agro-Defense Facility for Georgia and expressing the Senate's support of his efforts; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown E Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 47, nays 1.

SR 1170, having received the requisite constitutional majority, was adopted.

Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1834 until 10:00 a.m. Monday, March 27, 2006; the motion prevailed, and at 6:50 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, March 27, 2006
Thirty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following Resolution of the House:
HR 1856. By Representatives Cummings of the 16th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Porter of the 143rd and others:
A RESOLUTION authorizing the placement in the Capitol of a portrait of former Speaker of the House Thomas B. Murphy; and for other purposes.

The House has passed by the requisite constitutional majority the following Bills of the Senate:
SB 177. By Senators Tate of the 38th and Fort of the 39th:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the benefit formula for the Teachers Retirement System of Georgia from 2 percent to 2.5 percent; to provide a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

3328 SB 286. SB 396.
SB 505.
SB 545. SB 561.

JOURNAL OF THE SENATE
By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system of personnel administration in general, so as to repeal provisions relating to optional coverage of legislative branch employees under the classified service of the state merit system; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead, Sr. of the 24th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for an immunity from prosecution; to repeal conflicting laws; and for other purposes.
By Senators Balfour of the 9th, Unterman of the 45th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, so as to exempt certain exclusive agents of licensed mortgage brokers or lenders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Mullis of the 53rd, Thomas of the 54th, Douglas of the 17th, Balfour of the 9th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to definitions regarding bingo games, so as to provide a definition of nonprofit, tax-exempt organization; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senators Harp of the 29th, Staton of the 18th, Adelman of the 42nd, Henson of the 41st and Wiles of the 37th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE

SB 570.

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3329

scholarships and grants, so as to provide for certain definitions; to correct a scriveners error; to provide for students in professional level programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senator Carter of the 13th:
A BILL to be entitled an Act to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields of motor vehicles, so as to authorize a person who is a certified optometrist to provide an attestation in support of a medical exemption for restrictions to limitations on reducing light transmission or increasing light reflectance on windows of motor vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

SB 135.

By Senators Smith of the 52nd, Hill of the 32nd, Grant of the 25th, Kemp of the 46th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 150.

By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others:
A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.

3330 SB 191.

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By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide for expedited review of certain applications for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes

SB 413.

By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 500.

By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd:
A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any

MONDAY, MARCH 27, 2006

3331

runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th:

A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes.

SB 606.

By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th:

A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has agreed to the Senate substitute to the following Bills of the House:

HB 692.

By Representatives Black of the 174th, Hatfield of the 177th, Greene of the 149th, Sims of the 169th, Shaw of the 176th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to terms and conditions of probation; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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HB 718. By Representative Lindsey of the 54th:

A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1253. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for reinstatement of a minors license upon proof of graduation from high school; to provide that social security numbers shall not be used on drivers licenses; to provide for a suspension for violation of restrictions on a drivers license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a drivers license; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a drivers license suspension; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.

The House has disagreed to the Senate substitute to the following Bill of the House:

HB 194.

By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The House has adopted the report of the Committee of Conference on the following Bill of the House:

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3333

HB 81.

By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:

A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

The House insists on its position in substituting the following Bill of the Senate:

SB 529.

By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:

A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

The following House legislation was read the first time and referred to committee:

HB 1631. By Representatives Scheid of the 22nd and Byrd of the 20th:

A BILL to be entitled an Act to create the Woodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Woodstock, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and

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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 1637. By Representative Bridges of the 10th:
A BILL to be entitled an Act to authorize the Juvenile Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1638. By Representative Bridges of the 10th:
A BILL to be entitled an Act to authorize the State Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1639. By Representative Bridges of the 10th:
A BILL to be entitled an Act to authorize the Probate Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1640. By Representative Bridges of the 10th:
A BILL to be entitled an Act to authorize the Magistrate Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to

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provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1641. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Webster County; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1642. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide that the chief magistrate of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Webster County; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1643. By Representative Hudson of the 124th:
A BILL to be entitled an Act to provide that the probate judge of Glascock County shall serve ex officio as chief magistrate of the Magistrate Court of Glascock County on and after January 1, 2009; to provide an effective date; to provide for a referendum; to repeal certain Acts; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1644. By Representative Lane of the 167th:
A BILL to be entitled an Act to create a board of elections and registration for McIntosh County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of

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the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to provide for submission under the Voting Rights Act of 1965, as amended; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1645. By Representatives Mills of the 25th, Reece of the 27th, Benton of the 31st, Amerson of the 9th and Rogers of the 26th:
A BILL to be entitled an Act to create the Northeastern Judicial Circuit Public Defender Study Commission; to provide for the appointment of members; to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1646. By Representative Coleman of the 144th:
A BILL to be entitled an Act to provide for the manner of making appointments to fill vacancies in the membership of the board of the Dodge County Hospital Authority; to repeal a local law for purposes of conformity; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1647. By Representative Smith of the 113th:
A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income exceeds $40,000.00; 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.
Referred to the State and Local Governmental Operations Committee.

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HB 1648. By Representative Smith of the 113th:
A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income does not exceed $40,000.00; 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.
Referred to the State and Local Governmental Operations Committee.
HB 1650. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to create a board of elections and registration for Ware County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1651. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and evaluation of an executive director; to provide for certain duties of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1652. By Representatives Jones of the 46th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3633), so as to provide for annexation of certain property; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1653. By Representatives Neal of the 1st, 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, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to provide an increase in compensation for members of the 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 1654. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to provide a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1655. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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

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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 1656. By Representatives Stephens of the 164th and Lane of the 158th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1660. By Representative Smith of the 168th:
A BILL to be entitled an Act to create a board of elections and registration for Bacon County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1661. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4725) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4134), so as to provide for the

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deannexation of certain territory from the corporate limits of said city; to provide for the annexation of certain territory into the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1662. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to provide for an advisory referendum regarding whether Effingham County should adopt a chairperson of the board of commissioners who is elected by the entire county; to provide for an advisory referendum regarding whether Effingham County should establish a board of elections; to provide for ballot questions; 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 Banking and Financial Institutions Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1238 Do Pass by substitute
Respectfully submitted, Senator Hamrick of the 30th District, Chairman
Mr. President:
The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
SR 1270 Do Pass
Respectfully submitted, Senator Thomas of the 54th District, Chairman

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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 1157 Do Pass by substitute HB 1502 Do Pass SR 1067 Do Pass

SR 1089 SR 1183 SR 1273

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Balfour of the 9th District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 745 HB 1099 HB 1303 HB 1341 HB 1559 HB 1591

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1597 HB 1621 HB 1622 HB 1628 HB 1633 HB 1634

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 1238 SR 1067 SR 1089 SR 1183 SR 1270 SR 1273

The following communication from His Excellency, Governor Sonny Perdue, was read by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
Sonny Perdue Governor

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March 27, 2006
The Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, GA 30334
Dear Lieutenant Governor and Members of the Senate:
I submit to you, as provided by law, the following appointment for confirmation:
The Honorable Pat Phillips of Union County, as a member of the Veterans Service Board, for the term of office beginning April 27, 2005, and ending April 1, 2012.
Sincerely,
/s/ Sonny Perdue

The Governor's Executive Appointment was referred to the Senate Rules Committee.

The following bill was taken up to consider House action thereto:
SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

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Senator Johnson of the 1st asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 529 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Rogers of the 21st, Kemp of the 46th and Seabaugh of the 28th.

The members pledged allegiance to the flag.

Senator Douglas of the 17th introduced the chaplain of the day, Reverend Bill Herndon of Stockbridge, Georgia, who offered scripture reading and prayer.

Senator Stoner of the 6th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

Senator 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 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 Goggans of the 7th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

The roll was called and the following Senators answered to their names:

Adelman Brown Bulloch Butler Cagle Chance Chapman Fort Goggans Grant Hamrick Harbison Harp Heath Henson Hill,Jack

Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Mullis Pearson Powell Rogers Schaefer Seabaugh Seay Shafer,D

Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Tolleson Unterman Weber Whitehead Williams Zamarripa

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Not answering were Senators:

Balfour (Excused) Golden (Excused) Reed Wiles (Excused)

Carter (Excused) Hill, Judson Thompson, C

Douglas (Excused) Moody (Excused) Thompson, S

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators:

Golden

Thompson, C

Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.

The following resolutions were read and adopted: SR 1290. By Senator Balfour of the 9th:
A RESOLUTION commending Mrs. Linda S. Biles; and for other purposes. SR 1291. By Senator Adelman of the 42nd:
A RESOLUTION commending Jane Rhodes; and for other purposes. SR 1292. By Senator Adelman of the 42nd:
A RESOLUTION commending Geraldine Mitchell; and for other purposes. SR 1293. By Senator Adelman of the 42nd:
A RESOLUTION commending Pamela Meguiar; and for other purposes. SR 1294. By Senator Adelman of the 42nd:
A RESOLUTION commending Mary Joyce Robinson; and for other purposes. SR 1295. By Senator Adelman of the 42nd:
A RESOLUTION commending Leroy Jenkins; and for other purposes.

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SR 1296. By Senator Adelman of the 42nd: A RESOLUTION commending Kennard Wright; and for other purposes.
SR 1297. By Senator Adelman of the 42nd: A RESOLUTION commending Ronnie Holderfield; and for other purposes.
SR 1298. By Senator Adelman of the 42nd: A RESOLUTION commending Betty Griggs; and for other purposes.
SR 1299. By Senator Adelman of the 42nd: A RESOLUTION commending Devon Wilson; and for other purposes.

SR 1300. By Senator Adelman of the 42nd:
A RESOLUTION commending Peggy Skillman; and for other purposes.
SR 1301. By Senator Adelman of the 42nd:
A RESOLUTION commending Denise Bauer Forrester; and for other purposes.

SR 1302. By Senator Hill of the 4th:
A RESOLUTION remembering Dr. Ray Webb for his contributions to the Effingham County community; and for other purposes.
SR 1303. By Senators Douglas of the 17th, Johnson of the 1st, Williams of the 19th, Staton of the 18th, Tolleson of the 20th and others:
A RESOLUTION commending Sergeant Larry Mulkey; and for other purposes.
SR 1304. By Senator Hooks of the 14th:
A RESOLUTION honoring the life of Raymond Green; and for other purposes.

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SR 1305. By Senator Golden of the 8th:
A RESOLUTION recognizing April 10, 2006, as "Hugh C. Bailey Science Center Day" in Georgia; and for other purposes.
SR 1306. By Senators Hamrick of the 30th, Reed of the 35th, Jones of the 10th and Zamarripa of the 36th:
A RESOLUTION congratulating O'Neil Bell; and for other purposes.

SR 1307. By Senator Balfour of the 9th:
A RESOLUTION commending Cathalene Teahan, R.N., M.S.N.; and for other purposes.
SR 1308. By Senators Douglas of the 17th, Hudgens of the 47th and Unterman of the 45th:
A RESOLUTION commending the Walton County Republican Party; and for other purposes.
SR 1309. By Senator Douglas of the 17th:
A RESOLUTION commending the Rockdale County Republican Party; and for other purposes.

SR 1310. By Senator Douglas of the 17th:
A RESOLUTION commending the Henry County Republican Party; and for other purposes.
SR 1311. By Senator Douglas of the 17th:
A RESOLUTION commending the Newton County Republican Party; and for other purposes.
SR 1312. By Senators Douglas of the 17th and Chance of the 16th:
A RESOLUTION commending the Spalding County Republican Party; and for other purposes.

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SR 1313. By Senators Henson of the 41st and Balfour of the 9th:
A RESOLUTION commending the Parkview High School Concert Band; and for other purposes.
SR 1314. By Senator Butler of the 55th:
A RESOLUTION commending Dr. Stanley J. Pritchett, Sr., on the occasion of his retirement; and for other purposes.
SR 1316. By Senator Tate of the 38th:
A RESOLUTION expressing regret at the passing of Dr. John Y. Moreland, Sr.; and for other purposes.
SR 1315. By Senator Balfour of the 9th:
A RESOLUTION commending the Association County Commissioners of Georgia and the Georgia Municipal Association for creating the Council of Local Governments; urging the Council of Local Governments to address several issues that create conflict between cities and counties; and for other purposes.
SR 1318. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending Mr. Raymond Floyd; and for other purposes.

Senators Miles of the 43rd, Schaefer of the 50th and Douglas of the 17th introduced Barbara Bunn, commended by SR 1264, adopted previously. Barbara Bunn addressed the Senate briefly.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Monday, March 27, 2006 Thirty-eighth Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

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HB 1303
HB 1559

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Hooks of the 14th UPSON COUNTY
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Upson County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Shafer of the 48th Moody of the 56th CITY OF ALPHARETTA
A BILL to be entitled an Act to authorize the City of Alpharetta 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 related matters; 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.
Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Hill of the 4th CITY OF GUYTON
A BILL to be entitled an Act to provide a new charter for the City of Guyton; to provide for incorporation, boundaries, and powers of the

HB 1591 HB 1597 HB 1621

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city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806); to provide an effective date; to repeal conflicting laws; and for other purposes.
Rogers of the 21st Stephens of the 27th CITY OF BALL GROUND
A BILL to be entitled an Act to authorize the City of Ball Ground 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.
Powell of the 23rd BURKE COUNTY
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved April 6, 1996 (Ga. L. 1996, p. 3944), so as to change certain provisions regarding the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Powell of the 23rd JENKINS COUNTY
A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L.

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1968, p. 2965), 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 1622

Powell of the 23rd SCREVEN COUNTY

A BILL to be entitled an Act to amend an Act providing 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 so as to change certain provisions regarding the compensation of the members of such board; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1628

Seabaugh of the 28th Harp of the 29th TROUP COUNTY

A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, so as to provide for meetings of said board; to provide certain changes relating to the manner competitive bids are taken; to provide for 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 1341

Shafer of the 48th Moody of the 56th CITY OF ALPHARETTA

A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L. 1999, p. 4836), as amended, so as to increase the exemption amount; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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HB 1633

Johnson of the 1st BRYAN COUNTY

A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the 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.

HB 1634

Johnson of the 1st BRYAN COUNTY

A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman C Balfour Y Brown Y Bulloch Y Butler Y Cagle C Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber

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Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead C Wiles Y Williams
Zamarripa

On the passage of the local legislation, the yeas were 49, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd:

A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to require that all electronic recording voting systems used in such pilot project produce a permanent paper record of the votes recorded on such systems for each voter; to provide that such voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on such electronic recording voting

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systems; to provide for the verification and count of such paper records; to provide for related matters; to provide for certain public hearings and reports; to provide for effective dates; 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 "2006 Georgia Accuracy in Elections Act."
SECTION 2. Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, is amended by adding a new Code Section 21-2-379.12 to read as follows:
21-2-379.12. (a) The Secretary of State shall implement a pilot program providing for the use of direct recording electronic (DRE) voting equipment equipped and configured with an elector verified, permanent paper record of the votes cast by each elector on each DRE unit in one precinct each in the Counties of Cobb, Bibb, and Camden in the 2006 November general election and any runoff from such election.
(b)(1) Each DRE unit used in the pilot project shall meet the requirements of this subsection and shall be of the same general type from the same vendor or manufacturer as those DRE units in use in the state. (2) Each DRE unit used by the counties in the pilot project shall have received national qualification and shall have passed state certification for use in elections. For the purposes of this Code section, the Secretary of State is authorized to provide for a conditional certification of the units which shall expire on December 31, 2006. (3) Each unit shall produce an elector verified, permanent paper record of the votes cast by each elector on such device and shall provide the elector with an opportunity to review the permanent paper record privately and independently before casting his or her vote on the unit and to change his or her ballot or correct any error in such record or vote; provided, however, that it shall not allow the elector to have actual physical possession of such record. Each unit shall bear a unique identifying number and each unit shall be equipped with a storage device that:
(A) Stores each of the elector verified, permanent paper records at the same time as such electors votes are stored electronically by the DRE unit; (B) Bears the same unique identifying number as the DRE unit to which it is attached; and (C) Can be removed from the DRE unit for the purpose of transporting the permanent paper records contained therein to a central tabulating center. (c)(1) In those counties constituting the pilot project in the 2006 November general election and any runoff therefrom, each duly qualified elector shall cast his or her vote on a DRE unit by touching the screen or pressing the appropriate button on the unit

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for the candidate or issue of such electors choice. After having the opportunity to vote in all races and upon all questions in which the elector is eligible to vote, the unit shall display a summary of the choices which the elector has made. At that time, the elector shall also be notified of any races or questions in which the elector did not make a selection and all other choices of the elector shall be displayed for the electors review. The elector shall have the opportunity to change any choices which the elector made in voting the ballot and be allowed to vote in those races and on those questions in which the elector did not previously make a selection or cast a vote, and the elector shall again be presented with a summary display of his or her choices. After the summary screen is displayed and the elector desires to make no further changes to his or her votes, the elector shall be notified that he or she is about to cast the ballot. Prior to the elector casting his or her vote on the unit, the unit shall print a permanent paper record of the electors votes. The elector shall then review such permanent paper record and, if such record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot and cause such votes to be recorded, which shall also cause the permanent paper record to be deposited in a ballot box or other secure container. If the votes shown on the permanent paper record are incorrect, the unit shall allow the elector to correct such error or errors by rejecting and voiding the permanent paper record that was printed and changing such electors votes on the unit. After making such corrections, the unit shall print a new permanent paper record for the electors review. If the new record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot. If the new record is incorrect, the unit shall allow the voter to reject and void the new permanent paper record and again change the electors votes on the unit. After making such corrections, the unit shall print a permanent paper record of the electors votes and shall cause the electors ballot to be cast and such votes to be recorded. The elector shall only be allowed to adjust his or her votes three times before casting the ballot. After pressing the appropriate button on the unit or location on the screen to cast the ballot, the electors vote shall be final and shall not be subsequently altered. In the event that the DRE unit cannot produce a correct permanent paper record of the electors votes, such unit shall be shut down and sealed and the superintendent and the Secretary of State shall be immediately notified of such problem. (2) The permanent paper records shall be secured in locked ballot boxes or other secure containers at all times and such ballot boxes or containers shall not be opened nor shall such ballots be counted until the polls are closed. After the close of the polls in each of the precincts in the pilot project, a random sample of the permanent paper records created by the DRE units shall be counted at each precinct under the direction of the poll manager in accordance with this subsection. (3) After the polls have closed and all voting in the precinct has ceased, the poll manager shall shut down the DRE units and extract the election results from each unit as follows:
(A) The manager shall obtain at least three results tapes from each DRE unit and

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verify that the number of ballots cast as recorded on the tapes matches the public count number as displayed on the DRE unit; and (B) The manager shall then extract the memory card from each DRE unit. (4) Upon completion of shutting down each DRE unit and extracting the election results, the manager shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing: (A) The number of valid ballots; (B) The number of spoiled and invalid ballots; (C) The number of provisional ballots; and (D) The number of unused provisional ballots and any other unused ballots. The manager shall cause to be placed in the ballot supply container one copy of the recap form and any unused, defective, spoiled, and invalid ballots. (5) The manager shall collect and retain the zero tape and one of the results tapes for each DRE unit and place such tapes with the memory card for each unit and enclose all such items for all of the DRE units used in the precinct in one envelope which shall be sealed and initialed by the manager so that it cannot be opened without breaking the seal. (6) After collecting the tapes from the DRE units, the manager shall randomly select one contested race from the ballot for a hand count. Such selection shall be made by listing all of the contested races on the ballot individually on uniform sized slips of paper, uniformly folding such slips of paper such that the name of the race cannot be seen, placing the slips of paper into a container and mixing the slips thoroughly, and then drawing from the container one slip of paper. Upon drawing the slip of paper, the manager shall then announce the race that will be hand counted. The slips of paper shall be available for examination by any member of the public who desires to do so. (7) After randomly selecting the race for a hand count, the manager or a poll officer under the direction of the manager shall unlock the ballot boxes containing the permanent paper records and shall count the number of records in such ballot boxes which number shall then be entered onto a recap sheet and compared to the number of persons shown as having voted on the electors list, the numbered list of voters, and the voters certificates. Any discrepancy shall be duly noted. (8) After completing the count of the number of permanent paper records contained in the ballot boxes, the manager shall then proceed to count the votes cast in the randomly selected race as shown on the records. Such count shall be performed in the same manner as for paper ballots as provided in Code Section 21-2-437 for the randomly selected race. Upon the conclusion of the count, the manager or a poll officer under the direction of the manager shall record the results of the hand count on the return sheet and shall compare the results for the race to the results shown on the tapes from the DRE units for such race. In the event of a discrepancy in the count between the totals for such race, the manager or a poll officer under the direction of the manager shall post the results of the hand count and one set of return tapes from the DRE units, noting any discrepancies found, at the polling place for the

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information of the public. (9) After performing the hand count of the race or races, the manager shall cause the permanent paper records to be securely sealed in the ballot box and shall seal the return sheets, tally sheets, one set of return tapes, and other completed forms in an envelope for transfer to the election superintendent. (10) The manager and one poll worker shall then deliver the ballot boxes and envelopes to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (11) Upon receipt of the sealed envelope containing the zero tapes, results tapes, and memory cards, the election superintendent shall verify the signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope and remove its contents. The superintendent shall then download the results stored on the memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification. (12) In the event of a discrepancy between the hand count totals from the precincts and the totals from the DRE memory cards, the superintendent shall use the hand count totals as the official results. The superintendent shall immediately make the public aware of any such discrepancy by posting notice of such discrepancy at his or her office for the information of the public and on the official website of the county or municipality on which the county or municipality posts election returns if the county or municipality has such a website. The superintendent shall note on the official returns for the primary, election, or runoff, as appropriate, the vote totals that are based, in whole or in part, on hand counts as a result of a discrepancy between the hand count and the machine totals. (d) In addition to the count performed at the close of the polls, the Secretary of State shall cause a complete manual audit to be performed on each DRE unit used in the pilot project for voting within 30 days following the 2006 November general election and within 30 days of any runoff of such election. The audit shall compare the results of the permanent paper records from each DRE unit with the electronic record recorded by the DRE unit. The results of such audits shall be made available to the public upon the completion of the audits. (e) The Secretary of State shall provide the DRE units and all necessary software, supplies, training, and support for the pilot project. (f) The State of Georgia shall provide the funding needed to implement such pilot project. Implementation of such pilot project shall be dependent upon such funding. (g) This Code section shall be repealed by operation of law on January 1, 2007.
SECTION 3. Within 45 days after the election, the Secretary of State shall conduct a public hearing in each of the pilot areas. A summary of the findings as well as the comments received shall be submitted to the General Assembly and made available to the general public.

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SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Stephens of the 27th asked unanimous consent that the Senate disagree to the House substitute to SB 500.
The consent was granted, and the Senate disagreed to the House substitute to SB 500.
The following bill was taken up to consider House action thereto:
HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Senator Cagle of the 49th asked unanimous consent that the Senate insist on its substitute to HB 194.
The consent was granted, and the Senate insisted on its substitute to HB 194.
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 659. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to amend, consolidate, revise, and restate such

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charter and amendatory Acts amending such charter; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 680. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate and revise the provisions of said Act; to provide for a comprehensive restatement; to change provisions relating to the chairperson and vice chairperson of the board and their selection, service, and powers and duties; to change provisions relating to meetings, a quorum, and voting; to modernize certain provisions and language and omit certain obsolete provisions; to provide for other related matters; 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 on the following Bill of the Senate:

SB 529.

By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:

A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Graves of the 12th, Lunsford of the 110th, Morris of the 155th.

SENATE RULES CALENDAR MONDAY, MARCH 27, 2006 THIRTY-EIGHTH LEGISLATIVE DAY

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HB 1371 HB 276 HB 304 HB 1390 HB 1320 HB 338 HB 832 HB 959 HB 1019 HB 1030 HB 1085 HB 1143 HB 1164 HB 1178 HB 1195

The Pharmacy Audit Bill of Rights; enact (Substitute)(I&L-54th) Graves-137th
Motor vehicles; licensing of ignition interlock device providers (PS&HS-46th) Rice-51st
Business and occupation tax; certain regulatory fees by local governments (Substitute)(FIN-9th) Burmeister-119th
State Board of Optometry; change certain provisions relating to creation (H&HS-29th) Ehrhart-36th
Environmental offenses; littering; revise provisions (Substitute) (NR&E-49th) Smith-70th
Hunting; primitive weapons; amend provisions (Substitute)(NR&E-49th) Warren-122nd
Physician's assistants; handling of professional samples (H&HS-45th) McCall-30th
Mallory's Act; permanently disabled persons; parking permits; amend provisions (PS&HS-47th) Maddox-172nd
"Taser Certification Act"; create (Substitute)(PS&HS-1st) Day-163rd
Excise tax; furnishing of public accommodations; change provisions (FIN-29th) Smith-129th
Finfish; certain species; open seasons, creel, and possession limits; amend (NR&E-3rd) Lane-158th
Dublin, City of; board of education; provide additional authority (SLGO(G)-20th) Porter-143rd
Budget Act; amend (APPROP-37th) Ehrhart-36th
Prescription drugs; unused; medically indigent persons; establish program (Substitute)(H&HS-54th) Hill-180th
Civil case; complaints and judgments; change provisions (Substitute) (JUDY-52nd) Willard-49th

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HB 1223 HB 1224 HB 1246 HR 1259 HB 1275 HB 1288 HB 1301 HB 1302 HB 1307 HB 1308 HB 1318 HB 1335 HB 1424 HB 1403 HB 1412

County Board of Health; contracts; revise certain provisions (Substitute) (H&HS-9th) Brown-69th
Health Share Volunteers in Medicine Act; revise certain definitions (H&HS-54th) Channell-116th
State flag; deceased Georgia elected state officials; provide (RULES-9th) Howard, E.-121st
Chatham, Coweta, Douglas, Grady, and Muscogee counties; easements; authorize (Substitute)(SI&P-25th) Barnard-166th
Commercial driver's license; violation; provide for revocation (TRANS-24th) Smith-129th
Municipal court clerks; required training; provide (JUDY-16th) Ralston-7th
Sales and use tax exemption; certain food and groceries; food bank; provide (FIN-16th) Martin-47th
Georgia Street Gang Terrorism and Prevention Act; change certain provisions (Substitute)(JUDY-42nd) Casas-103rd
Georgia Register; publication; change certain provisions (S&T-18th) Loudermilk-14th
Nursing homes; fees; change certain provisions (H&HS-7th) Brown-69th
Board and Department of Corrections; employee benefits; provisions (SI&P-25th) Barnard-166th
Law enforcement officer; hiring; first offender record; review (Substitute)(JUDY-37th) Day-163rd
Dogs; hunting; change certain provisions (Substitute)(NR&E-7th) Smith-168th
Sales and use tax; certifying additional municipalities; change provisions (FIN-49th) Martin-47th
Certain government vehicles; clean and renewable fuels; require use (Substitute)(TRANS-46th) Smith-168th

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HB 1444 Insurance; insolvencies; amend provisions (I&L-31st) Maxwell-17th

HB 1484 Personal insurance; insurable interest; clarify circumstances (I&L-29th) Tumlin-38th

HB 1490 State park lakes; watercraft; change provisions (Substitute)(NR&E-47th) Burns-157th

HB 1501 County ordinance violations; maximum fines; change provisions (Substitute)(SLGO(G)-35th) Lindsey-54th

HB 1506 Businesses; revocation of certificate of registration; prohibit certain sales (FIN-7th) Houston-170th

HB 1170 Cosmetologists; examination fees; change certain provisions(RI&Util-25th) Parsons-42nd

HB 1193 Vehicles; false or secret compartments; prohibit owning or operating (PS&HS-13th) Knight-126th

HB 1044 Firearms; carrying and possession; municipal and city court judges; amend provisions (Substitute)(SLGO(G)-14th) Cheokas-134th

HB 1304 Life insurance; proceeds; provisions (Substitute)(I&L-21st) Knox-24th

HB 1248 Alcoholic beverages; comprehensive revision of provisions; provide (Substitute)(RI&Util-53rd) Williams-4th

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Cagle of the 49th moved to engross HB 304, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman C Balfour N Brown

Y Hill,Jack Y Hill,Judson N Hooks

Y Smith N Starr Y Staton

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Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant
Hamrick N Harbison Y Harp
Heath N Henson

Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody
Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

C Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 29, nays 21, the motion prevailed; and HB 304 was engrossed.

Senator Cagle of the 49th moved to engross HB 1320, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman C Balfour N Brown Y Bulloch
Butler Y Cagle N Carter Y Chance N Chapman Y Douglas N Fort N Goggans N Golden N Grant
Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody
Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer

N Smith N Starr Y Staton C Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S N Tolleson Y Unterman N Weber N Whitehead Y Wiles

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N Harp Y Heath N Henson

Y Seabaugh N Seay Y Shafer,D

Y Williams N Zamarripa

On the motion, the yeas were 22, nays 29, the motion lost; and HB 1320 was not engrossed.

Senator Cagle of the 49th moved to engross HB 1030, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman C Balfour N Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant
Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson
Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed
Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton C Stephens N Stoner N Tarver
Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 30, nays 19, the motion prevailed; and HB 1030 was engrossed.

Senator Cagle of the 49th moved to engross HB 1301, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

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N Adelman C 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
Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 32, nays 22, the motion prevailed; and HB 1301 was engrossed.

Senator Cagle of the 49th moved to engross HB 1403, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman C Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S Y Tolleson Y Unterman

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Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

N Reed C Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 33, nays 20, the motion prevailed; and HB 1403 was engrossed.

Senator Cagle of the 49th moved to engross HB 1506, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

On the motion a roll call was taken, and the vote was as follows:

N Adelman C Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack 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 C Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 30, nays 22, the motion prevailed; and HB 1506 was engrossed.

The following legislation was read the third time and put upon its passage:

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HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1371:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; 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 provide pharmacies the opportunity to cure violations of a procedural nature identified pursuant to an audit or determination by other means prior to disallowing an otherwise valid claim; to provide that a pharmacy shall have the opportunity for a hearing on a violation of a procedural matter; to provide for an effective date and 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. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Code section to the end of Article 6, relating to pharmacies, to read as follows:
26-4-118. (a) This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of Rights.' (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department, it shall be conducted in accordance with the following bill of rights:

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(1) The entity conducting the initial on-site audit must give the pharmacy notice at least one week prior to conducting the initial on-site audit for each audit cycle; (2) Any audit which involves clinical or professional judgment must be conducted by a pharmacist; (3) Any clerical or record keeping error, such as a typographical error, scriveners error, or computer error, regarding a required document or record shall not constitute a willful violation and is not subject to criminal penalties without proof of intent to commit fraud; (4) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (5) A finding of an overpayment or underpayment must be based on the actual overpayment or underpayment and may not be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; (6) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (7) A pharmacy shall be allowed at least 30 days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (8) The period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department; (9) An audit may not be initiated or scheduled during the first seven calendar days of any month due to the high volume of prescriptions filled during that time unless otherwise consented to by the pharmacy; (10) The preliminary audit report must be delivered to the pharmacy within 120 days after conclusion of the audit. A final audit report shall be delivered to the pharmacy within six months after receipt of the preliminary audit report or final appeal, as provided for in subsection (c), whichever is later; and (11) The audit criteria set forth in this subsection shall apply only to audits of claims submitted for payment after July 1, 2006. Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. (c) Recoupments of any disputed funds shall only occur after final internal disposition of the audit, including the appeals process as set forth in subsection (d) of this Code section. (d) Each entity conducting an audit shall establish an appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity. If, following the appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or said portion

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without the necessity of any further proceedings. (e) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor. (f) This Code section shall not apply to any investigative audit which involves fraud, willful misrepresentation, or abuse including without limitation investigative audits under Article 7 of Chapter 4 of Title 49, Code Section 33-1-16, or any other statutory provision which authorizes investigations relating to insurance fraud.
SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by inserting a new Code section to read as follows:
49-4-152.5. A pharmacy providing medications pursuant to this article for medical assistance shall be given the opportunity to cure any violation of a procedural nature identified pursuant to an audit under Code Sections 26-4-118 or 49-4-151 or determination by other means, including, but not limited to, the inclusion of a default physician identifier for claims that are otherwise valid. Any such violation of a procedural nature for a claim which is otherwise valid shall not be deemed to be an overpayment or disallowed claim by the department.
SECTION 3. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by striking subparagraph (b)(2)(A) and inserting in lieu thereof the following:
(2)(A) A provider of medical assistance may request a hearing on a decision of the Department of Community Health with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the providers request for hearing to the Office of State Administrative Hearings. The providers request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the Department of Community Health which is the basis for the appeal. A pharmacy may request a hearing on a decision of the Department of Community Health or a care management or other organization contracted by the department with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such

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pharmacy pursuant to the results of an audit or determination by other means on a certain service rendered by such pharmacy. A pharmacy shall be given the opportunity to cure any violation of a procedural nature, including, but not limited to, the inclusion of a default physician identifier for claims that are otherwise valid. Any such violation of a procedural nature which is otherwise valid shall not be deemed to be an overpayment or disallowed claim by the Department of Community Health or a care management or other organization contracted by the department.
SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2 and 3 of this Act shall apply to any claim submitted or pending on or after March 15, 2006.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed C Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

C Seabaugh Y Seay Y Shafer,D

Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1371, having received the requisite constitutional majority, was passed by substitute.

HB 276. By Representatives Rice of the 51st, Dollar of the 45th, Powell of the 29th, Murphy of the 23rd and Parham of the 141st:

A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner; 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 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
Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed C Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

C Seabaugh Y Seay Y Shafer,D

Y Williams Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 276, having received the requisite constitutional majority, was passed.

Senator Thomas of the 54th introduced the doctor of the day Dr. John Antalis.

Senator Reed of the 35th asked unanimous consent that he be excused from voting on HB 304 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Reed was excused.

The Calendar was resumed.

HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st:

A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Balfour of the 9th.

The Senate Finance Committee offered the following substitute to HB 304:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to prohibit local governments from prohibiting or regulating the sale of certain lawful products or services; to provide for exceptions; to provide that ordinances in violation of such provisions are void; to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for additional requirements regarding certain certificates; to provide for the timing of

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payment of certain regulatory fees; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by inserting a new Code section to be designated Code Section 36-60-24 to read as follows:
(a) The governing authority of a county or municipal corporation shall not prohibit the sale of products or services which products or services are lawful under subsection (b) of Code Section 25-10-1, unless such prohibition is expressly authorized by the general law of the state. (b) If the sale of a product or service is regulated by subsection (b) of Code Section 2510-1, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale of such product or service, unless such additional regulation is expressly authorized by general law. (c) Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void.
SECTION 2. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, is amended by adding new subsections (e) and (f) to Code Section 48-13-9, relating to limitation on authority of local government to impose regulatory fee, to read as follows:
(e) For each business, profession, or occupation, local governments are authorized to determine the amount of a regulatory fee imposed in accordance with this article only by one of the following methods:
(1) A flat fee for each business or practitioner of a profession or occupation doing business in the jurisdiction as authorized by Code Section 48-13-8; (2) A flat fee for each type of permit or inspection requested; (3) An hourly rate determined by the hourly wage or salary, including employee benefits, of the person or persons assigned to investigate or inspect multiplied by the number of hours estimated for the investigation or inspection to be performed; (4) An hourly rate as determined by paragraph (3) of this subsection with the addition of other expenses reasonably related to such regulatory activity, such as administrative and travel expenses, multiplied by the number of hours estimated for the investigation or inspection to be performed; (5) For construction projects that are classified as new construction, the number of square feet of construction or the number of square feet of construction to be served by the system to be installed, in conjunction with and limited by the building valuation data, as established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in

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paragraph (3) or (4) of this subsection; or (6) For construction projects that are classified as renovation and all other construction projects other than those classified as new construction, the cost of the project in conjunction with and limited by the building valuation data that conforms with the principles and methods established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in paragraph (3) or (4) of this subsection.
(f) If a local government requires businesses or practitioners to pay a regulatory fee under paragraph (3) of subsection (b) of this Code section, issues certificates of public necessity and convenience to such businesses or practitioners, and limits the total number outstanding of such certificates, such certificates shall be fully transferable pursuant to a purchase, gift, bequest, or acquisition of the stock or assets of a corporation. Each such certificate may be used as collateral to secure a loan, and a lending institution making such loans shall have all rights of secured parties with respect to such loans. Prior to increasing the number of such outstanding certificates by more than 10 percent in a calendar year, any such local government shall first certify, based upon credible evidence, that such an increase will not result in a significant devaluation of the existing outstanding certificates.
SECTION 3. Said article is further amended by striking subsections (b) and (c) of Code Section 48-1320, relating to time for payment of fees and taxes, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
(b) Regulatory fees authorized by this chapter shall be paid before commencing business or the practice of a profession or occupation as a condition precedent for transacting business, or practicing a profession or occupation. (c) Regulatory fees may be paid after commencing business or the practice of a profession or occupation when:
(1) The work done or services provided are necessary for the health, comfort, or safety of one or more individuals or protection of property. This paragraph shall apply to, but not be limited to, the repair, service, or installation of heating, ventilation, and air conditioning equipment or systems; (2) The work done or services provided have no adverse effect on any other person; and (3) Regulatory fees are tendered to the local government within two business days after commencing business or the practice of a profession or occupation and any and all required inspections are made in order to ensure compliance with applicable codes; and (4) The request for repair, service, or installation is received by the practitioner of a profession or occupation outside of the regular office hours of the local governments permitting office.

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SECTION 4. This Act shall become effective on July 1, 2006.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones C Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell E Reed C Rogers Y Schaefer C Seabaugh N Seay
Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 33, nays 18.

HB 304, having received the requisite constitutional majority, was passed by substitute.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

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Mr. President:

The House has adopted by the requisite constitutional majority the following Resolutions of the Senate:

SR 785.

By Senators Johnson of the 1st, Staton of the 18th, Williams of the 19th, Thomas of the 54th and Balfour of the 9th:

A RESOLUTION creating a Joint Comprehensive State Trauma Services Study Committee; and for other purposes.

SR 793. By Senators Hamrick of the 30th and Smith of the 52nd:

A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G.A. 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes.

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 194.

By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Martin of the 47th, O`Neal of the 146th, Smith of the 113th.

The Calendar was resumed.

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HB 1390. By Representative Ehrhart of the 36th:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harp of the 29th.

Senator Thompson of the 33rd moved the previous question.

There were no objections and the previous question was ordered.

Senators Thomas of the 54th, Hill of the 32nd, Mullis of the 53rd and Smith of the 52nd offered the following amendment #1:

Amend HB 1390 (LC 21 8828S) by striking "to provide for a standard of care;" on line 3 of page 1.

By striking lines 17 through 23 of page 1 and inserting in its place the following: (ii) Oral antibiotics limited to tetracycline, doxycycline, cephalosporin, and dicloxacillin for use in treating ocular surface disease and lid disease only; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman Y Balfour N Brown N Bulloch N Butler Y Cagle N Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson N Hooks N Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman

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N Grant C Hamrick N Harbison N Harp Y Heath N Henson

N Reed N Rogers Y Schaefer Y Seabaugh N Seay N Shafer,D

C Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the adoption of the amendment, the yeas were 31, nays 22, and the Thomas of the 54th et al. amendment #1 was adopted.

Senators Hill of the 32nd, Smith of the 52nd, Mullis of the 53rd, Thomas of the 54th, Schaefer of the 50th and others offered the following amendment #2:

Amend HB 1390 (LC 21 8828S) by inserting after "care;" on line 3 of page 1 the following:
to provide for the promulgation of protocols;

By striking "or" on line 6 of page 1 and inserting in its place "and".

By inserting after "acts." on line 23 of page 1 the following: The board, in consultation with and agreement of the Composite State Board of Medical Examiners, shall promulgate a protocol to govern optometrists ability to prescribe oral medications pursuant to this division, and such protocol shall delineate the diseases and conditions, the types and categories of the oral pharmaceutical agents, and the maximum and minimum dosage levels of such medications the optometrist may prescribe.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman Balfour
N Brown N Bulloch N Butler N Cagle N Carter N Chance Y Chapman Y Douglas N Fort N Goggans Y Golden

N Hill,Jack Y Hill,Judson N Hooks N Hudgens N Johnson N Jones N Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman

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N Grant C Hamrick N Harbison N Harp Y Heath Y Henson

Reed Y Rogers Y Schaefer Y Seabaugh N Seay N Shafer,D

C Weber Y Whitehead Y Wiles N Williams
Zamarripa

On the adoption of the amendment, the yeas were 25, nays 26, and the Hill of the 32nd et al. amendment #2 was lost.

Senator Zamarripa of the 36th moved that the Senate reconsider its action in defeating the Hill of the 32nd et al. amendment #2.

Senator Thomas of the 54th called for the yeas and nays.

The call was sustained, a roll call was taken and the vote was as follows:

N Adelman Balfour
N Brown N Bulloch N Butler Y Cagle N Carter N Chance Y Chapman Y Douglas N Fort N Goggans Y Golden N Grant C Hamrick N Harbison N Harp Y Heath Y Henson

N Hill,Jack Y Hill,Judson N Hooks N Hudgens N Johnson N Jones N Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D Y Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman N Weber N Whitehead Y Wiles N Williams Y Zamarripa

On the motion, the yeas were 24, nays 30, the motion lost; and the Hill of the 32nd et al. amendment #2 was not reconsidered.

Pursuant to Senate Rule 6-8.7, Senator Smith of the 52nd moved that the Senate reconsider its action on moving the previous question.

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Senator Harp of the 29th objected.

On the motion to reconsider the order of the previous question, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown N Bulloch N Butler N Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort N Goggans Y Golden N Grant C Hamrick N Harbison N Harp Y Heath N Henson

N Hill,Jack N Hill,Judson N Hooks N Hudgens N Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay N Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S N Tolleson Y Unterman C Weber N Whitehead N Wiles N Williams N Zamarripa

On the motion, the yeas were 20, nays 34, the motion lost; and the order of the previous question was not reconsidered.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C

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Y Fort Y Goggans Y Golden Y Grant C Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer N Seabaugh Y Seay Y Shafer,D

Y Thompson,S Y Tolleson Y Unterman C Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 49, nays 5.

HB 1390, having received the requisite constitutional majority, was passed as amended.

Senator Miles of the 43rd introduced Nellie Duke, commended by SR 1262, adopted previously. Nellie Duke addressed the Senate briefly.

At 12:34 p.m. the President announced that the Senate would stand in recess until 1:00 p.m.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendment to the following Bill of the House:

HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th:

A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:
HB 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

SB 573. By Senators Carter of the 13th and Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 636. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes.
At 1:00 p.m. the President called the Senate to order.
The Calendar was resumed.

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HB 1320. By Representatives Smith of the 70th, Burkhalter of the 50th, Ralston of the 7th, Willard of the 49th, Rice of the 51st and others:
A BILL to be entitled an Act to extensively revise various provisions of the O.C.G.A. relating to littering and related environmental offenses; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1320:
A BILL TO BE ENTITLED AN ACT
To extensively revise various provisions relating to littering and related environmental offenses; to provide a short title; to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change certain provisions relating to littering public and private property; to change certain provisions relating to waste control; to provide for impoundment of vehicles involved in certain littering offenses; to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, so as to change certain provisions relating to prohibited placement of campaign posters, signs, and advertisements; to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change certain provisions relating to definitions relative to solid waste; to provide for reports by the Department of Community Affairs concerning prevention and abatement of litter; to change certain provisions relating to definitions relative to hazardous waste management; to change certain provisions relating to definitions relative to hazardous site response; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for jurisdiction of certain courts over littering offenses; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for trial of certain littering offenses upon a summons or citation without an accusation; to change certain provisions relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law"; to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, so as to change certain provisions relating to securing loads on vehicles; to change certain provisions relating to erection, placement, or maintenance of an unlawful or unauthorized structure and removal thereof; to change certain provisions relating to littering highways; to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide for jurisdiction over littering offenses; to amend Title 40 of the Official Code of Georgia Annotated, relating

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to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of drivers licenses of habitually negligent or dangerous drivers and the points system; to provide for editorial revisions; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
This Act shall be known and may be cited as the "Comprehensive Litter Prevention and Abatement Act of 2006."
PART II SECTION 2-1.
Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 2, relating to littering public and private property, and inserting in lieu thereof the following:
Part 2
16-7-40. This part shall be known and may be cited as the 'Litter Control Law.' Reserved.
16-7-41. Repealed. Reserved.
16-7-42. As used in this part, the term:
(1) 'Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which are not waste as such term is defined in paragraph (6) of Code Section 16-7-51 any discarded or abandoned:
(A) Refuse, rubbish, junk, or other waste material; or (B) Dead animals that are not subject to the provisions of Code Section 4-5-4. (2) 'Public or private property' means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and residential or farm properties, timberlands, or forests; or any commercial or industrial property.
16-7-43. (a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on

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any public or private property in this state or any waters in this state, unless: (1) The property area is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to so use such property area; (2) The litter is placed into a nondisposable litter receptacle or container installed on such property designed for the temporary storage of litter and located in an area designated by the owner or tenant in lawful possession of the property; or (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b)(1) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $200.00 nor more than $1,200.00; and (2) In addition to the punishment provided under paragraph (1) of this subsection: (2)(A) In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (B) In the sound discretion of the judge of the court, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.
(c) The court may publish the names of persons convicted of violating subsection (a) of this Code section. (d) Any county, municipality, consolidated government, or law enforcement agency thereof of this state which is empowered by Code Section 16-7-45 or other law to enforce the provisions of this Code section or local littering ordinances may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of this Code section or local littering ordinances within the county, or municipality, or consolidated government in which the appointing agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this Code section or local littering ordinances in the same manner as any employee or law enforcement officer of this state or any county, or municipality, or consolidated government of this state subject to the limitations provided in subsections (e) and (f) of this Code section. (e) No person appointed pursuant to subsection (d) of this Code section shall be deemed a peace officer under the laws of this state or:

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(1) Be deemed to be an employee of or receive any compensation from the state, county, municipality, consolidated government, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or other criminal laws of the state, county, or municipality, or consolidated government; (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the littering laws; or (5) Be entitled to any indemnification from the state, county, or municipality, or consolidated government for any injury or property damage sustained by such person as a result of attempting to enforce the littering laws of this state or any local government. (f) Notwithstanding any law to the contrary, neither the state nor any county, municipality, or other political subdivision consolidated government of this state or any department, agency, board, or officer of this state or any county, municipality, or political subdivision consolidated government of this state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such persons enforcement of the provisions of this Code section or local littering ordinances. (g) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such persons enforcement of this Code section or local littering ordinances or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor.
16-7-44. (a) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section 16-7-43, it shall be prima-facie evidence the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator of the conveyance has violated this part. (b) Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section 16-7-43 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.
16-7-45. All law enforcement agencies, officers, and officials of this state or any political

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subdivision thereof or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision thereof is authorized, empowered, and directed to enforce compliance with this part.
16-7-46. All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs directing persons to the receptacles and serving notice of the provisions of this part, and to otherwise publicize the availability of litter receptacles and requirements of this part.
16-7-47. (a) As used in this Code section, the term 'household garbage' means animal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials. (b) The governing authority of each county, municipality, or consolidated government of this state which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein of household garbage only. If a container is clearly marked 'household garbage only,' it shall be unlawful for any person to dump any refuse or other material into the container other than household garbage. (c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county, municipality, or consolidated government for the dumping of trash or garbage. (d) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor.
16-7-48. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to litter. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the corporate limits of a municipality jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances.
SECTION 2-2. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 3, relating to waste control, and inserting in lieu thereof the following:

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Part 3
16-7-50. This part shall be known and may be cited as the 'Waste Control Law.' Reserved. 16-7-51. As used in this part, the term:
(1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993. (2) 'Commercial purpose' means for the purpose of economic gain. (3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance. (6)(4) 'Egregious litter' 'Waste' means all discarded substances and materials whatsoever litter, as such term is defined in paragraph (1) of Code Section 16-7-42, exceeding ten pounds in weight or 15 cubic feet in volume;, or any such discarded or abandoned substance in any weight or volume if biomedical waste, hazardous waste, or a hazardous substance, or; or any such substance or material dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead animals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations. (4)(5) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92 on January 1, 1993. (5)(6) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62 on January 1, 1993.

16-7-52. It shall be unlawful for any person to dump waste egregious litter unless authorized to do so by law or by a duly issued permit:
(1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping; (2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or (3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation.

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16-7-53. (a) Any person who dumps waste egregious litter in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (b) Any person who dumps waste egregious litter in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature and shall upon. Upon the second and each subsequent offense such person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (c) Any person who dumps waste egregious litter in violation of Code Section 16-7-52 in any quantity if the waste substance is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste egregious litter dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped waste egregious litter or to the restoration of an area polluted by such waste substance.
(e)(1) The court shall cause to be published a notice of conviction for each person convicted of violating any provision of this Code section. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of a nonresident, in the legal organ of the county in which the person was convicted. Such notice of conviction shall contain the name and address of the convicted person; date, time, and place of arrest; and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to

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this subsection shall be assessed the cost of publication of such notice, and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.
16-7-53.1. (a) Whenever a person has been arrested for a violation of Code Section 16-7-52 committed while driving, moving, or operating a vehicle, the arresting law enforcement agency may impound the vehicle that the person was driving, moving, or operating at the time of arrest until such time as the arrestee claiming the vehicle meets the conditions for release in subsection (b) of this Code section or a person other than the arrestee meets the conditions for release in subsection (c) of this Code section. (b) A vehicle impounded pursuant to this Code section shall not be released unless the person claiming the vehicle:
(1) Presents a valid drivers license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle; and (2) Is able to operate the vehicle in a safe manner and would not be in violation of Title 40. (c) A vehicle impounded pursuant to this Code section may be released to a person other than the arrestee only if: (1) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection (b) of this Code section; or (2) The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to operate the vehicle, and the conditions for release in subsection (b) of this Code section are met. (d) A law enforcement agency impounding a vehicle pursuant to this Code section may charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle until that fee is paid.

16-7-54. Whenever any waste egregious litter which is dumped in violation of Code Section 167-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, it shall be a rebuttable presumption the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.

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16-7-55. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to waste egregious litter or the management of solid, biomedical, or hazardous waste. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling egregious litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances.
16-7-56. Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12.
SECTION 2-3. Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, and Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, are amended by striking Code Section 21-2-3, relating to prohibited placement of campaign posters, signs, and advertisements, and inserting in lieu thereof in said Article 2 of Chapter 7 of Title 16 the following:
Part 3A
21-2-3 16-7-58. (a) It shall be unlawful for any person to place campaign posters, signs, and or advertisements:
(1) Within the right of way of any public streets, roads, or highways; (2)(1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51; (3)(2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such campaign posters, signs, and or advertisements on such property; and no such political campaign sign on private property for which permission has been granted shall be subject to any regulation by any county, municipality, or consolidated government; or (4) Reserved; (5)(3) On any property zoned for commercial or industrial uses if the placement of such campaign posters, signs, and or advertisements conflicts with any zoning laws or ordinances. (b) Any poster, sign, or advertisement placed in violation of paragraph (1) of subsection (a) of this Code section is declared to be a public nuisance, and the officials

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having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. (c) Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (b)(d) Any person who violates this Code section shall be guilty of a misdemeanor shall be punished the same as for littering under Code Section 16-7-43.
PART III SECTION 3-1.
Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking paragraph (1.1) of Code Section 12-8-22, relating to definitions relative to solid waste, and inserting in lieu thereof the following:
(1.1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board as such rule existed on January 1, 2006, and other such waste materials.
SECTION 3-2. Said chapter is further amended in Code Section 12-8-31, relating to a solid waste management plan, by adding a new subsection to read as follows:
(e) By December 31, 2006, and annually thereafter, the Department of Community Affairs, as part of the annual solid waste report required in subsection (d) of this Code section and in cooperation with state agencies and other entities involved in litter prevention or abatement, shall report to the Governor and the General Assembly the status of litter prevention and abatement in this state. The litter report shall include but not be limited to:
(1) An itemization of expenditures made from the Solid Waste Trust Fund for the prevention and abatement of litter; (2) A compilation and analysis of litter prevention, collection, and enforcement efforts; (3) An assessment of littering in this state; (4) A statement of progress in achieving a litter prevention ethic; and (5) Recommendations for improving litter abatement and prevention efforts.
SECTION 3-3. Said chapter is further amended by striking paragraph (10) of Code Section 12-8-62, relating to definitions relative to hazardous waste management, and inserting in lieu thereof the following:

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(10) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996 January 1, 2006, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste.
SECTION 3-4. Said chapter is further amended by striking paragraph (4) of Code Section 12-8-92, relating to definitions relative to hazardous site response, and inserting in lieu thereof the following:
(4) 'Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February 1, 1996, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on February 1, 1996 January 1, 2006.
SECTION 3-5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows:
15-9-30.7. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
SECTION 3-6. Said title is further amended by adding a new Code section to read as follows:
15-10-2.1. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title

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16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
SECTION 3-7. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-9, relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law," and inserting in lieu thereof the following:
17-6-9. Any law enforcement officer or official of a political subdivision of this state who is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' and who is authorized by the judge having jurisdiction of the offense to accept cash bonds may accept a cash bond for the personal appearance at trial of the person arrested in lieu of a statutory bond or recognizance. The procedures connected with such cash bonds, including, but not limited to, duties of the arresting officer, forfeiture, distribution of proceeds, and discretion of court as to disposal of the cash bond, shall be the same procedures applicable to arrest by a sheriff for a violation of any litter law.
SECTION 3-8. Said title is further amended by adding a new Code section to read as follows:
17-7-73. In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that are punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1, or 36-32-10.3 such offenses may be tried upon a summons or citation with or without an accusation.
SECTION 3-9. Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, are amended by striking Code Section 32-6-21, relating to securing loads on vehicles, and inserting in lieu thereof in said Title 40 the following:
32-6-21 40-6-248.1. (a) As used in this Code section, the term 'litter' has the meaning provided by paragraph (1) of Code Section 16-7-42.

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(a)(a.1) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create:
(1) Create a safety hazard; or (2) Deposit litter on public or private property while such vehicle is on a public road. However, this Code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said covering or load from becoming: (1) Becoming loose, detached, or in any manner becoming a hazard to other users of the public road; or (2) Depositing litter on public or private property while such vehicle is on a public road. (c) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Public Service Commission, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles. (d) The provisions of paragraph (2) of subsection (a) and paragraph (2) of subsection (b) of this Code section and regulations based thereon shall not apply to vehicles carrying organic debris that escapes during the transportation of silage from field or farm to storage and storage to feedlot or vehicles or equipment carrying unginned cotton during the transportation of agricultural or farm products or silvicultural products from farm or forest to a processing plant or point of sale or use.
SECTION 3-10. Said chapter is further amended by striking Code Section 32-6-51, relating to erection, placement, or maintenance of unlawful or unauthorized structure and removal thereof, and inserting in lieu thereof the following:
32-6-51. (a)(1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law. (2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection. (b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which:

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(1) Imitates, resembles, or purports to be an official traffic-control device; (2) Hides from view or interferes with the effectiveness of any official traffic-control device; (3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or (4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles. (c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General. (d)(1) As used in this subsection, the term:
(A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) 'Commercial advertisement advertisements' means a any printed or painted sign encouraging or promoting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 212-3 signs on a bus shelter for which space has been rented or leased from the owner of such shelter. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements: (A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid

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system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph; (B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the countys and municipalitys regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows:
(i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any

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county or municipality against all losses or damages resulting solely from the existence of the bus shelter. (5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents. (e) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall constitute a separate offense. (f) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
SECTION 3-11. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, is amended by adding a new Code section to read as follows:
36-32-10.3. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the municipal courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A municipal court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
SECTION 3-12. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-57, relating to suspension or revocation of drivers licenses of habitually negligent or dangerous drivers and the points system, by striking subparagraph (c)(1)(A) and inserting in lieu thereof the following:
(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Aggressive driving........................................................................................6 points Reckless driving............................................................................................4 points Unlawful passing of a school bus..................................................................6 points Improper passing on a hill or a curve............................................................4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour............................................................................2 points

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Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour............................................................................3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour............................................................................4 points Exceeding the speed limit by 34 miles per hour or more..............................6 points Disobedience of any traffic-control device or traffic officer........................3 points Too fast for conditions..................................................................................0 points Possessing an open container of an alcoholic beverage while driving..........2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident or littering from a motor vehicle................................................2 points Violation of child safety restraint requirements, first offense........................1 point Violation of child safety restraint requirements, second or subsequent offense........................................................................................2 points All other moving traffic violations which are not speed limit violations......................................................................................................3 points

SECTION 3-13. Said title is further amended by striking Code Section 40-6-249, relating to littering highways, and inserting in lieu thereof the following:
40-6-249. A person Any person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' or driving, moving, or loading for operation a vehicle in violation of Code Section 40-6-248.1 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 16-7-43.
PART IV SECTION 4-1.
The Official Code of Georgia Annotated is amended by reserving the following former designations:
(1) Code Section 32-6-21; and (2) Code Section 21-2-3.
PART V SECTION 5-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of adopting local ordinances to become effective on or after July 1, 2006; and for all other purposes, this Act shall become effective on July 1, 2006.

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SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Senators Balfour of the 9th and Henson of the 41st offered the following amendment #1:

Amend the Senate Natural Resources and the Environment substitute to HB 1320 (LC 25 4551S) by striking lines 30 through 32 of page 10 and inserting in lieu thereof the following: advertisements on such property; or

Senators Wiles of the 37th, Staton of the 18th, Shafer of the 48th and Chapman of the 3rd offered the following amendment #1a:

Amend Amendment #1 to the Senate Natural Resources and the Environment committee substitute to HB 1320 by deleting on line 4 the symbol and word "; or" and inserting in lieu thereof "and no such political campaign sign on private property for which permission has been granted shall be subject to any regulation regarding the length of time such signs may be displayed or the number of signs which may be placed on private property by any county, municipality or consolidated government; or"

On the adoption of the amendment #1a, Senator Tolleson of the 20th, called for the yeas and nays; the call was sustained, and the vote was as follows:

N Adelman Balfour
Y Brown Y Bulloch N Butler Y Cagle N Carter N Chance Y Chapman Y Douglas N Fort N Goggans N Golden N Grant C Hamrick N Harbison N Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens N Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed N Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

N Smith N Starr Y Staton N Stephens N Stoner N Tarver N Tate Y Thomas,D Y Thomas,R N Thompson,C N Thompson,S N Tolleson N Unterman C Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the adoption of the amendment, the yeas were 26, nays 27, and the Wiles et al. amendment #1a was lost.

On the adoption of the amendment, the yeas were 41, nays 13, and the Balfour, Henson amendment #1 was adopted.

Senators Bulloch of the 11th and Chapman of the 3rd offered the following amendment #2:

Amend the Senate Natural Resources and the Environment Committee substitute to HB 1320 (LC 25 4551S) by inserting "intentionally" before "dump" on line 13 of page 7.

By inserting "intentionally" before "dumps" on lines 24 and 30 of page 7.

By inserting "intentionally" before "dumps" on line 5 of page 8.

On the adoption of the amendment, Senator Tolleson of the 20th, called for the yeas and nays; the call was sustained, and the vote was as follows:

N Adelman N Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant C Hamrick N Harbison N Harp Y Heath N Henson

N Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell N Reed N Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Smith Y Starr Y Staton Y Stephens N Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R N Thompson,C Y Thompson,S N Tolleson N Unterman C Weber Y Whitehead Y Wiles
Williams N Zamarripa

On the adoption of the amendment, the yeas were 32, nays 21, and the Bulloch, Chapman amendment #2 was adopted.

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Senators Bulloch of the 11th and Chapman of the 3rd offered the following amendment #3:

Amend the Senate Natural Resources and Environment Committee substitute to HB 1320 by striking lines 7 through 9 of page 19 and inserting in lieu thereof the following:
Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident......................................................................................................2 points

On the adoption of the amendment, Senator Unterman of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

N Adelman N Balfour N Brown Y Bulloch N Butler Y Cagle N Carter Y Chance Y Chapman N Douglas N Fort Y Goggans Y Golden N Grant N Hamrick Y Harbison Y Harp Y Heath N Henson

N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles N Moody Y Mullis Y Pearson Y Powell N Reed N Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D Y Thomas,R N Thompson,C E Thompson,S N Tolleson N Unterman Y Weber Y Whitehead N Wiles Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 29, nays 26, and the Bulloch, Chapman amendment #3 was adopted.

Pursuant to Senate Rule 6-8.4 Senator Thompson of the 33rd asked for unanimous consent for the Senate to divide the question of adopting the committee substitute into two separate propositions.

Senator Smith of the 52nd moved that the Secretary of the Senate be directed to read Senate Rule 6-8.4.

Senate Rule 6-8.4 was read to the Senate.

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Senator Thompson of the 33rd asked unanimous consent that his motion to divide the question be withdrawn.
There was no objection and the motion was withdrawn.

Senator Thompson of the 33rd asked unanimous consent that he be excused from voting on HB 1320 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Thompson was excused.

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr N Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead N Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 3.

HB 1320, having received the requisite constitutional majority, was passed by substitute.

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The following bill was taken up to consider the Conference Committee Report thereto:

HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:

A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

The Conference Committee Report was as follows:

The Committee of Conference on HB 81 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 81 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Reed of the 35th /s/ Senator Chance of the 16th /s/ Senator Johnson of the 1st

/s/ Representative Day of the 163rd /s/ Representative Stephens of the 164th /s/ Representative Keen of the 179th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 81

A BILL TO BE ENTITLED AN ACT

To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to change certain provisions regarding ad valorem tax exemptions; to change certain definitions; to provide a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for applicability of provisions relating to applications for and granting homestead exemptions

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in certain cases of property transfer from an administrator or executor with respect to certain base year assessed value homestead exemptions; to provide for referenda; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1.
Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended in Code Section 48-5-40, relating to definitions regarding property tax exemptions, by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
(1) 'Applicant' means a person who is: (A)(i) A married individual living with his or her spouse; (B)(ii) An individual who is unmarried but who permanently maintains a home for the benefit of one or more other individuals who are related to such individual or dependent wholly or partially upon such individual for support; (C)(iii) An individual who is widowed having one or more children and maintaining a home occupied by himself and the child or children; (D)(iv) A divorced individual living in a bona fide state of separation and having legal custody of one or more children, when the divorced individual owns and maintains a home for the child or children; or (E)(v) An individual who is unmarried or is widowed and who permanently maintains a home owned and occupied by himself. or herself; and (B) Who is a resident of this state as defined in paragraph (15) of Code Section 40-5-1, as amended.
PART II SECTION 2.
Said part is further amended by adding between Code Sections 48-5-48.2 and 48-5-49 a new Code Section 48-5-48.3 to read as follows:
48-5-48.3. (a) As used in this Code section, the term:
(1) 'Ad valorem taxes' means all state ad valorem taxes and all county, county school district, municipal, and independent school district taxes for county, county school district, municipal, or independent school district purposes including, but not limited to, taxes to retire bonded indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40. (b) Each resident of the state who is the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty is granted an exemption on that

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persons homestead from all ad valorem taxes for the full value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this Code section unless the person or persons agent files an affidavit with the tax commissioner of the county in which that person resides giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-550.1. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of this Code section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this Code section shall be in lieu of and not in addition to any other homestead exemption from ad valorem taxes. (f) The exemption granted by this Code section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting Section 2 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, state-wide general election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for the
( ) NO unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 2 of this part shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on or after that date. If Section 2 of this part is not so approved or if the election is not conducted as provided in this section, Section 2 of this part shall not

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become effective and this part shall be automatically repealed on the first day of January immediately following that election date.
PART III SECTION 4.
Said part is further amended in Code Section 48-5-54, relating to applications for and granting homestead exemptions in certain cases of property transfer from an administrator or executor, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administrators or executors deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead exemption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors. In the case of a base year assessed value homestead exemption, as long as the surviving spouse otherwise meets the requirements specified for such exemption and makes proper application under this subsection, upon approval of such application the exemption shall be continued with the same base year assessed value as had been established for the deceased spouse of such surviving spouse, unless otherwise provided by local law.
SECTION 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting Section 4 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2006, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:
"( ) YES Shall the Act be approved which provides that, with respect to base year assessed value homestead exemptions, the surviving spouse of a deceased
( ) NO spouse who has been granted such a homestead exemption shall receive that exemption at the same base year valuation that applied to the deceased spouse so long as that surviving spouse continues to occupy the home as a residence and homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 4 of this part shall

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become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 4 of this part is not so approved or if the election is not conducted as provided in this section, Section 4 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date.

PART IV SECTION 6. Except as otherwise provided in Section 3 of Part II of this Act and Section 5 of Part III of this Act, 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 Reed of the 35th moved that the Senate adopt the Conference Committee Report on HB 81.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath 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

N Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 55, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 81.

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The following bill was taken up to consider House action thereto:
SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education; to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to clarify certain provisions relating to mandatory education; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide for adoption of policies and procedures by local boards of education to provide information regarding school sponsored clubs and extracurricular activities to parents and legal guardians; to provide that local school systems shall comply with written notification from parents and legal guardians withholding permission for participation; to amend Part 5 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for school bus pickup schedules; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, is amended by striking Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, and inserting in lieu thereof the following:
20-2-690.1. (a) Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth birthdays. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma. (a)(b) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the childs failure to enroll and attend is caused by the childs parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (b)(c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each days absence from school in violation of this part after the childs

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school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year. (c)(d) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. (e) An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the educational options available, including the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Such form shall include information relating to the opportunity to pursue a

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general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the required conference with the child and parent or legal guardian.
SECTION 2. Said subpart is further amended by striking Code Section 20-2-691, relating to minimum annual attendance required, and inserting in its place the following:
20-2-691. The minimum session of annual school attendance required under this subpart shall be for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has successfully completed all requirements for a high school diploma grades.
SECTION 3. Said subpart is further amended by striking Code Section 20-2-693, relating to exemptions to compulsory attendance, and inserting in its place the following:
20-2-693. (a) Children between their seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community. (b) Children between their seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart.
SECTION 3.1. Part 5 of Article 22 of Chapter 2 of Title 20, relating to school buses, is amended by striking Code Section 20-2-1127, relating to a schedule of school bus routes, in its entirety and inserting in place thereof the following:
20-2-1127. Each public school system in this state shall make accessible a schedule of school bus routes that indicate the morning pickup route beginning time and the afternoon school

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bell time as well as the total number of stops on each school bus route. The time for the bus arrival at each stop will be commensurate with the route beginning time and prescribed stop sequence, except in unforeseen circumstances. This provision shall not apply to portal-to-portal special needs student transportation or special alternative instructional transportation programs Reserved.
SECTION 4. Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, is amended by inserting a new subpart to be designated Subpart 2A to read as follows:
Subpart 2A
20-2-705. (a) As used in this Code section, the term:
(1) 'Clubs and organizations' means clubs and organizations comprised of students who wish to organize and meet for common goals, objectives, or purposes and which is directly under the sponsorship, direction, and control of the school. This term shall include any activities reasonably related to such clubs and organizations, but shall not include competitive interscholastic activities or events. (2) 'Competitive interscholastic activity' means functions held under the auspices or sponsorship of a school that involves its students in competition between individuals or groups representing two or more schools. This term shall include cheerleading, band, and chorus. (b) Each local board of education shall adopt policies and procedures for notifying parents or legal guardians of students regarding school clubs and organizations and for providing an opportunity for parents or legal guardians to withhold permission for a child to join or participate in clubs and organizations. (c) An annual notification utilizing the student handbook or other appropriate method regarding school clubs and organizations shall include without limitation the name of the club or organization, mission or purpose of the club or organization, name of the clubs or organizations faculty advisor, and a description of past or planned activities. Similar notification shall also be provided for clubs and organizations created or started during the school year.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Moody of the 56th asked unanimous consent that the Senate disagree to the House substitute to SB 413.
The consent was granted, and the Senate disagreed to the House substitute to SB 413.
Senator Heath of the 31st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

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The following bill was taken up to consider House action thereto:
HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Senator Cagle of the 49th asked unanimous consent that the Senate adhere to its substitute to HB 194 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Cagle of the 49th, Hill of the 32nd and Seabaugh of the 28th.
The following bill was taken up to consider House action thereto:
SB 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to change certain provisions relating to the Board of Cosmetology; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to change certain provisions relating to examination fees for application for certificate of

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registration; to provide for reciprocity; to provide for teaching requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking in its entirety Code Section 43-10-1, relating to definitions, and inserting in lieu thereof the following:
43-10-1. As used in this chapter, the term:
(1) 'Beautician' means 'cosmetologist' as such term is defined in this Code section. (2) 'Beauty shop' or 'beauty salon' means any premises where one or more persons engage in the occupation of cosmetology. (3) 'Board' means the State Board of Cosmetology. (4) 'Cosmetologist' means any person who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair; (B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance; (C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair; (D) Braids the hair by hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair; (E) Performs nail care, pedicure, or manicuring services as defined in paragraph(6) of this Code section; or (F) Performs the services of an esthetician as defined in paragraph (5) of this Code section. Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section. (5) 'Esthetician' or 'esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: (A) Massaging the face or neck of a person; (B) Trimming eyebrows; (C) Dyeing eyelashes or eyebrows; or (D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation.

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Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition. (6) 'Hair braider' means any person who performs for compensation tensioning hair strands or roots by braiding; hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair; provided, however, that such services shall not include hair cutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair. (7) 'Hair designer' means any person who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair; (B) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair; or (C) Braids the hair by hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair. (6)(8) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (4) of this Code section for compensation. (7)(9) 'Nail technician' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails, or in any way cares for the nails of another person. (8)(10) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (9)(11) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (12) 'School of hair braiding' means any establishment that receives compensation for training more than one person in the occupation of hair braiding as defined in paragraph (6) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of hair braiding within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.'

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(13) 'School of hair design' means any establishment that receives compensation for training more than one person in the occupation of hair design as defined in paragraph (7) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of hair design within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (10)(14) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) (9) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.'
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 43-10-2, relating to creation of the Board of Cosmetology, and inserting in lieu thereof the following:
(c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter.

SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, inspections, and unsanitary condition as a nuisance, and inserting in lieu thereof the following:
(a) The board is authorized to adopt reasonable rules and regulations prescribing the
sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair braiding, schools of hair design, and schools of nail care, subject to the approval of the Department of Human Resources, to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair braiding, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, school of hair braiding, school of hair design, and school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers.

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SECTION 4. Said chapter is further amended by striking in its entirety Code Section 43-10-8, relating to a requirement for a certificate of registration, and inserting in lieu thereof the following:
43-10-8.
(a) It shall be unlawful for any person to pursue the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter. (b) It shall be unlawful for any person to hold himself or herself out as a master cosmetologist, hair braider, or hair designer without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (4) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person who holds a valid master cosmetologist license in this state on March 29, 1983, from practicing at the master cosmetologist level as defined in paragraph (4) of Code Section 43-10-1.
(c)(1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely hair braiding services shall be allowed to obtain a certificate of registration at the hair braiding level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1. (2) Notwithstanding the provisions of paragraph (1) of this subsection, any person residing in the state who is actively practicing hair braiding in this state on July 1, 2006, shall, upon application made before July 1, 2007, be issued a license as a hair braider without meeting any other requirements for such licensure upon documentation, to the satisfaction of the board, that the applicant meets the requirements of this exemption. Persons who are issued a license pursuant to this exemption must comply with all requirements for license renewal. Persons who are exempt from licensure as a hair braider under this Code section shall not be exempt from licensure required for other professions or facilities under the provisions of this chapter including, but not limited to, licensure for cosmetology shops and salons. (d) Notwithstanding any other provisions of this chapter, any person desiring to perform solely hair design services shall be allowed to obtain a certificate of registration at the hair design level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) of Code Section 43-10-1. (c)(e) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5) of Code Section 43-10-1. (d)(f)(1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the nail technician level upon completing the required hours therefor,

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which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1. (2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, hair braiding, hair design, esthetics, or nail care on a military installation in Georgia for three years prior to July 1, 1985, shall be eligible to receive a certificate of registration at the cosmetology, hair braiding, hair design, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985. (e)(g) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, hair braiding salon, hair design salon, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, or school shall register with the division director of the professional licensing boards prior to opening. (f)(h) This chapter shall have uniform application throughout the state so that no cosmetologist, hair braider, hair designer, beauty shop, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care shall be exempt from regulation.
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 43-10-9, relating to applications for certificates of registration, examination, and reciprocity, and inserting in lieu thereof the following:
43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this

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subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the division director a fee in such amount as shall be set by the board by regulation and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(e)(1) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of hair braiding shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed 100 credit hour study course with at least two months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or hair braiding salon for a period of at least 200 credit hours; has practiced or studied the occupation of hair braiding; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services

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mentioned in paragraph (6) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of hair braiding. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2006. (2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing him or her to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (4) Should an applicant have a current hair braider license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of hair braider or the teaching of hair braiding at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair braiding outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (f)(1) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of hair design shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,325 credit hour study course with at least seven months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or hair design salon for a period of at least 2,650 credit hours; has

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practiced or studied the occupation of hair design; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (7) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of hair design. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2006. (2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (4) Should an applicant have a current hair design license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of hair design or the teaching of hair design at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair design outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e)(g)(1) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational

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requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board for examination of applicants at which such person is scheduled for examination and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current esthetician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of esthetician or the teaching of esthetics at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice esthetics outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (f)(h)(1) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours; has practiced or studied nail care; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such

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person is scheduled for examination and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current nail technician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of nail technician or the teaching of nail care at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice nail care outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (g)(i) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master level, the hair braiding level, the hair design level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical college under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (h)(j) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board. (k) Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this Code section.
SECTION 6. Said chapter is further amended by striking in its entirety subsection (g) of Code Section 43-10-10, relating to display of certificate of registration, renewal, reinstatement, continuing education requirements, and exemptions, and inserting in lieu thereof the following:

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(g) Courses in cosmetology, hair braiding, hair design, nail technology, esthetics, computers, business, or health and safety issues offered by schools under the jurisdiction of the Board of Regents of the University System of Georgia, the Department of Technical and Adult Education, the Department of Education, or any accredited postsecondary institution shall satisfy the continuing education requirement without a request to the board for approval or registration.
SECTION 7. Said chapter is further amended by striking in its entirety Code Section 43-10-11, relating to registration of shops, salons, and schools, and inserting in lieu thereof the following:
43-10-11. All beauty shops, salons, schools of cosmetology, schools of hair braiding, schools of hair design, schools of esthetics, and schools of nail care shall be registered with the division director by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the division director; shall include the name and location of the beauty shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school.
SECTION 8. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 43-10-12, relating to regulation and permits for schools and teachers and instructors, and inserting in lieu thereof the following:
(e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her application with the division director for a license, shall pay a fee in such amount as shall be set by the board by regulation, and shall successfully pass both a written and a practical examination to become an instructor.
(2)(A) A person desiring to teach at the master level shall satisfy the board that he or she:
(i) Holds a current cosmetology license at the master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,500 750 hours of instructor training in cosmetology at a board approved school; and (iii) Has one year of work experience at the master level. (B) A person holding a current cosmetology license at the master level who is a

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high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the master level. (3)(A) A person desiring to teach at the esthetician level shall satisfy the board that he or she:
(i) Holds a current cosmetology license at the esthetician or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,000 500 hours of board approved instructor training in esthetics of at least nine months; (iii) Has one year of work experience at the esthetician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person holding a current cosmetology license at the esthetician or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person desiring to teach at the nail technician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the nail technician or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 525 250 hours of board approved instructor training in nail care of at least four months; (iii) Has one year of work experience at the nail technician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person holding a current cosmetology license at the nail technician or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. (5)(A) A person desiring to teach at the hair braider level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the hair braider or master level and is a high school graduate, has a general educational development (GED) diploma, or

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has a postsecondary education or college degree; (ii) Has 250 hours of board approved instructor training in hair braiding of at least four months; (iii) Has one year of work experience at the hair braider or master level; and (iv) Has passed both a written and a practical examination to become an instructor in hair braiding. (B) A person holding a current cosmetology license at the hair braider or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examinations to become an instructor at the hair braider level. (6)(A) A person desiring to teach at the hair designer level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the hair designer or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of board approved instructor training in hair design of at least four months; (iii) Has one year of work experience at the hair designer or master level; and (iv) Has passed both a written and a practical examination to become an instructor in hair design. (B) A person holding a current cosmetology license at the hair designer or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examinations to become an instructor at the hair designer level. (5)(7) Any teacher or instructor shall renew his or her license to teach cosmetology biennially in odd years by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct revoked suspended. A person failing to renew his or her instructors license within two years after expiration shall be required to qualify under this chapter for both a written and a practical examination for an instructors license pay a reinstatement fee after board review. (6)(8) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The

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certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1,500 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology.
SECTION 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-13, relating to the right to set course of study for students and application for examination, and inserting in lieu thereof the following:
(a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of hair braiding, schools of hair design, schools of esthetics, and schools of nail care within this state.
SECTION 10. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-14, relating to study by persons 17 years of age and older, registration of students and apprentices, and registration certificate, and inserting in lieu thereof the following:
(a) Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months experience and has held a certificate of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least one year and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of hair braiding under a cosmetologist holding a master cosmetologist certificate or a hair braiding certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of hair braiding who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of hair designer under a cosmetologist holding a master cosmetologist certificate or a hair design certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of hair design who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of

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esthetics who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, hair braiding, hair design, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director. The shop owner shall file a statement in writing, showing the apprentices name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity.
SECTION 11. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-19, relating to a penalty, and inserting in lieu thereof the following:
(a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a cosmetologist; or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this chapter; or if any person, beauty shop, salon, or school shall engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be

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qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he or she shall be guilty of a misdemeanor.

SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

Senator Grant of the 25th offered the following amendment:

Amend the House substitute to SB 145 by striking lines 19 and 20 of page 1and inserting in lieu thereof the following:
(3) 'Board' means the State Board of Cosmetology.

By striking lines 2 through 37 of page 4 and lines 1 and 2 of page 5 and inserting in lieu thereof the following:
Said chapter is further amended by striking subsection (c) of Code Section 43-10-2, relating to creation of the Board of Cosmetology, and inserting in lieu thereof the following:
(c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter.

Senator Grant of the 25th moved that the Senate agree to the House substitute to SB 145 as amended by the Senate.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

E Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson

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Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell Reed
Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 145 as amended by the Senate.

Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

The Calendar was resumed.

HB 338. By Representatives Warren of the 122nd, Jenkins of the 8th, Burns of the 157th, Williams of the 165th, Mosley of the 178th and others:

A BILL to be entitled an Act to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cagle of the 49th.

The Senate Natural Resources and the Environment Committee offered the following substitute to HB 338:
A BILL TO BE ENTITLED AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for certain matters relating to game and fish violations; to specify a date certain for rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to unlawful use of certain substances and equipment in hunting game animals or game birds; to define a term; to prohibit computer assisted remote hunting; to provide punishments for violations; to provide for forfeiture of certain equipment used in the commission of crime; to prohibit the importation of live cervids into this state; to prohibit the importation or possession of certain whole cervid carcasses or cervid carcass parts; to define certain terms; to provide penalties for violations; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-1-39, relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations, and inserting in lieu thereof the following:
27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on October 1, 2003 January 1, 2006.
SECTION 2. Said title is further amended in Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, by striking paragraph (2) and inserting in lieu thereof the following:
(2) During primitive weapon hunts or primitive weapons seasons, longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger with iron sights only and without telescopic sights, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used;
SECTION 3. Said title is further amended by striking Code Section 27-3-12, relating to unlawful use of certain substances and equipment in hunting game animals or game birds, and inserting in lieu thereof the following:
27-3-12. (a) It shall be unlawful to hunt any wild animal, game animal, or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives, recorded calls or sounds, or recorded and electronically imitated or amplified sounds or imitations of calls or sounds calls. It shall also be unlawful to use electronic communications equipment for the purpose of facilitating pursuit of any wild animal, game bird, or game animal.
(b)(1) As used in this subsection, the term 'computer assisted remote hunting' means the use of a computer or other device, equipment, hardware, or software to control remotely the aiming and discharge of a firearm or other weapon so as to allow a person not holding that firearm or other weapon to hunt or shoot a wild animal or any wildlife. (2) It shall be unlawful for any person, firm, partnership, or association to engage in computer assisted remote hunting or provide or operate a facility that allows others to engage in computer assisted remote hunting if the wild animal or wildlife being hunted or shot is located in this state.
(3)(A) Any person violating the provisions of this subsection shall be guilty of a

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misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by a fine of not less than $1,000.00 and not more than $5,000.00, imprisonment for a term not to exceed 12 months, or both such fine and imprisonment. (B) Any equipment used or intended for use in a violation of this Code section, excluding motor vehicles, is declared to be contraband and shall be forfeited to the state. (C) The hunting and fishing privileges of any person convicted of violating this subsection shall be suspended for three years.
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
27-5-2.1. (a) As used in this Code section, the term,
(1) 'Cervid' means a member of the family cervidae. (2) 'Chronic wasting disease' means a fatal disease that belongs to a group of diseases known as transmissible spongiform encephalopathies and that affects the brains of cervids. (3) 'Clean' means having no meat matter or tissue attached to the carcass part. (4) 'Importation' means the transportation of a cervid, cervid carcass, or carcass part into this state. (5) 'Whole' means the entire carcass, whether eviscerated or not, prior to the carcass being processed. (b)(1) It shall be unlawful for any person, firm, partnership, or association to import, bring, or cause to be imported or brought into this state any live cervid, except as otherwise authorized by rule or regulation of the board in effect as of January 1, 2007, or such later date as may be provided by Code Section 27-1-39.
(2)(A) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00, imprisonment for a period not exceeding 12 months, or both such fine and imprisonment. (B) The hunting and fishing privileges of any person convicted of violating paragraph (1) of this subsection shall be suspended for not less than three years from the date of conviction. (c) It shall be unlawful for any person to import or possess a whole cervid carcass or cervid carcass part from any state having a documented case of a cervid infected with chronic wasting disease, except for any one or more of the following cervid carcass parts: (1) Boned-out meat and commercially processed cuts of meat; (2) Portions of meat with no part of the spinal column or head attached; (3) Hides with no heads attached; (4) Clean skull plates with antlers attached; (5) Clean antlers;

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(6) Finished taxidermy heads; and (7) Clean upper canine teeth (buglers, whistlers, ivories).

SECTION 5. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on July 1, 2006. (b) Section 4 of this Act shall become effective on July 1, 2006, for purposes of promulgating rules and regulations and on January 1, 2007, for all other purposes.

SECTION 6. 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y 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 N 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 Y Stephens
Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 4.

HB 338, having received the requisite constitutional majority, was passed by substitute.

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HB 832. By Representatives McCall of the 30th and Hudson of the 124th:

A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physicians assistants, so as to provide for actions of such assistants with regard to professional samples; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Unterman of the 45th.

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 Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 832, having received the requisite constitutional majority, was passed.

Senator Tolleson of the 20th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr 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.

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The following bill was taken up to consider House action thereto:
SB 636. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit the production, offering for sale, or sale of biodiesel fuel for certain purposes unless such fuel meets certain standards; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, is amended by adding a new Code section to read as follows:
10-1-151.1. It shall be unlawful for any person to produce, offer for sale, or sell any biodiesel fuel to be used in blending such biodiesel fuel with petroleum diesel fuel to create a blended fuel for subsequent sale for use in diesel engines unless the biodiesel fuel meets the specifications of American Society for Testing and Materials Standard D 6751.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Bulloch of the 11th asked unanimous consent that the Senate disagree to the House substitute to SB 636.

The consent was granted, and the Senate disagreed to the House substitute to SB 636.

The following resolution was read and adopted:

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SR 1322. By Senators Williams of the 19th, Brown of the 26th and Johnson of the 1st:

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2006 regular session of the General Assembly for the period of March 27, 2006, through March 30, 2006, shall be as follows:

Monday, March 27.........................................in session for legislative day 38 Tuesday, March 28.........................................in session for legislative day 39 Wednesday, March 29....................................in adjournment Thursday, March 30 .......................................in session for legislative day 40

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

The Calendar was resumed.

HB 959. By Representatives Maddox of the 172nd, Lindsey of the 54th, Fleming of the 117th, O`Neal of the 146th, Roberts of the 154th and others:

A BILL to be entitled an Act to amend Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to parking permits for persons with disabilities, so as to change certain provisions relating to permits for permanently disabled persons; to provide for permits issued to permanently disabled minors; to provide a short title; 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 Y Balfour Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith E Starr Y Staton Y Stephens

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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 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 Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 959, having received the requisite constitutional majority, was passed.

HB 1019. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Hanner of the 148th, Chambers of the 81st and others:

A BILL to be entitled an Act to create and establish the "Taser Certification Act"; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require certified training for law enforcement officers for the official use of tasers, stun guns, or other similar devices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

The Senate Public Safety and Homeland Security Committee offered the following substitute to HB 1019:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to enact the "TASER and Electronic Control Weapons Act"; to require training and certification for peace officers authorized to use TASERs or other similar electronic control weapons or devices; to provide for legislative intent; to require the adoption of written policies for those law enforcement

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agencies utilizing TASERs and other similar electronic control weapons and devices; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by adding a new Code section immediately following Code Section 35-8-25 to read as follows:
35-8-26. (a) This Code section shall be known and may be cited as the 'TASER and Electronic Control Weapons Act.' (b) It is the intent and purpose of the Georgia General Assembly to establish legal requirements for the official use of electronic control weapons and similar devices by law enforcement officers, including those officers employed in detention facilities, which requirements shall be consistent with generally accepted industry practices. It is the further intent of the General Assembly to require that such devices, commonly referred to as TASERS or stun-guns, which disrupt the central nervous system of the human body, be used for law enforcement purposes in a manner consistent with established standards and with federal and state constitutional provisions. (c) A law enforcement unit authorizing the use of electronic control weapons or similar devices shall establish lawful written policies and directives providing for the use and deployment of such weapons and devices that are consistent with the training requirements established by the Georgia Peace Officer Standards and Training Council. The policies and directives required by this subsection shall be issued prior to the issuance of such devices. (d) Prior to the official use of electronic control weapons or similar devices, peace officers authorized by the officers law enforcement unit to use such devices shall be required to satisfactorily complete a course of instruction and certification requirements approved by the council. All persons certified to use electronic control weapons shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their electronic control weapons certification to remain in force and effect. (e) A department head authorizing the use of an electronic control weapon or similar device or a peace officer using an electronic control weapon or similar device in violation of this Code section shall be subject to disciplinary action as provided for in this chapter. The council is authorized to withdraw or suspend the certification to operate an electronic control weapon of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the withdrawal, suspension, or probation of a peace officers certification.

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(f) The Georgia Public Safety Training Center shall provide council approved training to peace officers for the use of electronic control weapons and similar devices.

SECTION 2. This Act shall become effective on January 1, 2007, excepting that provisions applying to council certification and provisions for training offered by the Georgia Public Safety Training Center shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund certification by the council and training by the center.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton C Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 1.

HB 1019, having received the requisite constitutional majority, was passed by substitute.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:
SB 525. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.
Senator Thompson of the 5th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused.
Senator Schaefer of the 50th asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson was excused.
The Calendar was resumed.
HB 1030. By Representative Smith of the 129th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Harp of the 29th.

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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 N Chapman N 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 E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson N Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton C Stephens Y Stoner N Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead N Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 6.

HB 1030, having received the requisite constitutional majority, was passed.

HB 1085. By Representatives Lane of the 158th, Day of the 163rd, Hill of the 180th, Williams of the 165th, Lane of the 167th and others:

A BILL to be entitled an Act to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to change certain provisions relating to tripletail fish; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Chapman of the 3rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
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 Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton C Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 1085, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Tate of the 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

HB 1143. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act reconstituting the board of education of the City of Dublin, approved April 5, 1993 (Ga. L. 1993, p. 4970), as amended, so as to provide certain additional authority to the board with respect to real estate transactions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Tolleson of the 20th.

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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 E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton C Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1143, having received the requisite constitutional majority, was passed.

HB 1164. By Representatives Ehrhart of the 36th, Harbin of the 118th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the O.C.G.A., the "Budget Act," so as to provide for the collection and compilation of certain information with respect to the impact of judicial settlements and decrees on the state budgetary and appropriations process; to provide for findings and intent; to require certain information to be included in the budget estimates of budget units; to provide for the compilation of such information in the budget report; to provide for the inclusion of certain information in legislative budget tracking documents; to provide that the payment or expenditure of state funds for purposes of compliance with a judicial decree or settlement shall be subject to appropriation and allotment of

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funds or an object class transfer; to define a term; to provide for related matters; 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 N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell N Reed Y Rogers Y Schaefer E Seabaugh N Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 43, nays 6.

HB 1164, having received the requisite constitutional majority, was passed.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bill of the House:

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HB 1658. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the number and the description of the council 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 eligibility and qualifications; to provide for the election of the mayor; 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 amendment to the following Bill of the House:
HB 1390. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.
Senator Smith of the 52nd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.
The Calendar was resumed.
HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to

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provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.
The Senate Health and Human Services Committee offered the following substitute to HB 1178:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; 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 provide for certain coverage for pharmacy restocking fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Article 11 to read as follows:
ARTICLE 11 26-4-190. This article shall be known and may be cited as the 'Utilization of Unused Prescription Drugs Act.'
26-4-191. As used in this article, the term:
(1) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (2) 'Health care facility' means an institution which is licensed as a nursing home, intermediate care home, personal care home, home health agency, or hospice pursuant

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to Chapter 7 of Title 31. (3) 'Medically indigent person' means:
(A) A person who is Medicaid eligible under the laws of this state; or (B) A person:
(i) Who is without health insurance; or (ii) Who has health insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget.
26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum:
(1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008.

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26-4-193. In accordance with the rules and regulations promulgated pursuant to Code Section 264-192, the resident of a health care facility, or the representative or guardian of a resident, may donate unused prescription drugs, other than prescription drugs defined as controlled substances, for dispensation to medically indigent persons.
26-4-194. (a) Physicians, pharmacists, other health care professionals, and health care facilities shall not be subject to liability for transferring or receiving unused prescription drugs pursuant to this article when acting within the scope of practice of their respective licenses and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4-192. (b) Pharmacists and pharmacies shall not be subject to liability for dispensing unused prescription drugs pursuant to this article when such services are provided without reimbursement and when performed within the scope of their practice and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4192. For purposes of this subsection, a restocking fee paid to a pharmacy pursuant to Code Section 49-4-152.5 shall not be considered reimbursement. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of prescription drugs or its employees or agents under any legal claim, including but not limited to product liability claims. Drug manufacturers shall not be subject to liability for any acts or omissions of any physician, pharmacist, other health care professional, health care facility, or pharmacy providing services pursuant to this article. Nor shall any drug manufacturer be liable for any claim or injury caused by a transfer of unused prescription drugs pursuant to this article and arising out of the failure to transfer or communicate product or consumer information or the expiration date regarding the transferred drug.
26-4-195. This article shall be construed in concert with Code Section 49-4-152.3.

SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows:
49-4-152.5.
In the provision of medical assistance pursuant to this article, the department shall allow for the payment and coverage of appropriate restocking fees incurred by a pharmacy which receives and dispenses prescription drugs pursuant to the 'Utilization of Unused Prescription Drugs Act' in Article 11 of Chapter 4 of Title 26.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Whitehead, Sr. of the 24th, Hill of the 32nd, Schaefer of the 50th, Grant of the 25th, Goggans of the 7th and others offered the following amendment #1:
Amend the Senate Health and Human Services Committee substitute to HB 1178 (LC 33 1545S) by inserting after "fees;" on line 8 of page 1 the following:
to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the purpose of the drug is to terminate a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection;
By inserting between lines 10 and 11 of page 4 the following:
SECTION 2A. Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, is amended by striking such Code section and inserting in its place the following:
16-12-142. (a) Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed. (b) Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is to terminate a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed.

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Senator Thomas of the 2nd requested a ruling of the Chair as to the germaneness of the amendment #1.

The President ruled the amendment germane.

On the adoption of the amendment, Senator Smith of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter E Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer E Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 34, nays 16, and the Whitehead et al. amendment #1 was adopted.

Senator Smith of the 52nd offered the following amendment #2:

Amend the Senate Health and Human Services committee substitute to HB 1178 by inserting on line 15 of page 3 after "professionals" "when acting within the scope of practice of their respective licenses"

By striking on line 17 of page 3 after "article" "when acting within the scope of practice of their respective licenses".

On the adoption of the amendment, the yeas were 29, nays 0, and the Smith amendment #2 was adopted.

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On the adoption of the substitute, the yeas were 33, nays 4, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter E Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson E Jones Y Kemp N Me V Bremen N Miles Y Moody
Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer E Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tarver N Tate E Thomas,D N Thomas,R N Thompson,C
Thompson,S Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 32, nays 15.

HB 1178, having received the requisite constitutional majority, was passed by substitute.

Senator Wiles of the 37th asked unanimous consent to reorder the Senate Rules Calendar so that HB 1195 will be considered after HB 1224.

The consent was granted, and the Calendar was reordered.

HB 1223. By Representatives Brown of the 69th, Cooper of the 41st, O`Neal of the 146th, Coleman of the 144th, Epps of the 128th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and

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authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Balfour of the 9th.
The Senate Health and Human Services Committee offered the following substitute to HB 1223:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to revise certain provisions relating to the program director, staff, budget, and facilities of community service boards; to provide for the ceasing of operations of a community service board; to revise certain provisions relating to directors emergency powers upon failure of community service board to establish and administer progress; to revise certain provisions relating to allocation of available funds for services; to provide for statutory construction; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking Code Section 31-3-12.1, relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board, in its entirety and inserting in its place the following:

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31-3-12.1.
(a) In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with the department or a community mental health, developmental disabilities, and addictive diseases service board created under Chapter 2 of Title 37 to provide certain mental health, developmental disabilities, and addictive diseases services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section subsection, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, developmental disabilities, and addictive diseases or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by this Code section subsection. The director for mental health, developmental disabilities, and addictive diseases, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, developmental disabilities, and addictive diseases or such supervisor of the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. (b) Pursuant to subsection (e) of Code Section 37-2-6, a county governing authority may authorize the membership of a county board of health to serve as the membership of a community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the county board of health, and any other affected county governing authority act pursuant to subsection (e) of Code Section 37-2-6. If the membership of a county board of health exercises the authority granted pursuant to this Code section subsection and Chapter 2 of Title 37 to serve as the membership of a community service board, the membership of the county board of health shall constitute the membership of the community service board and, at any time that such members are exercising duties and powers related to mental health, developmental disabilities, and addictive diseases, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the department prior to adoption.

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SECTION 2. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraphs (4) and (20) of Code Section 37-1-1, relating to definitions regarding general provisions relative to mental health, in their entirety and inserting in their respective places the following:
(4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disability, and addictive disease services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disability, and addictive disease services with such services being negotiated and contracted annually with the department. (20) 'Service area' means a community service area.
SECTION 3. Said title is further amended by striking paragraph (2) of Code Section 37-2-2, relating to definitions relative to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, in its entirety and inserting in its place the following:
(2) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disabilities, and addictive diseases services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department. (2.1) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the division pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services.
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 37-2-3, relating to designation of boundaries for mental health, developmental disabilities, and addictive diseases regions, in its entirety and inserting in its place the following:
(b) The division, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of delivering disability services. The division shall be authorized to initiate the redesignation of such

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community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division, with the approval of the commissioner, is authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area.
SECTION 5. Said title is further amended by striking Code Section 37-2-6, relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards, in its entirety and inserting in its place the following:
37-2-6. (a) Community service boards, created in conformity with the service areas established pursuant to subsection (b) of Code Section 37-2-3, shall in existence on June 30, 2006, are re-created effective July 1, 2006, to provide one or more mental health, developmental disability disabilities, and addictive disease diseases services through contract with the department. Such community service boards may enroll and contract with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state within the boundaries determined under subsection (b) of Code Section 37-2-3 served by the community service board; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees rights are retained. (b) Each community service board shall consist of members appointed by the county governing authorities of the counties within the community service board area from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows:

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(1)(A) Each The governing authority of each county within the community service board area: with
(i) With a population of 50,000 or less according to the most recent United States decennial census of 1990 or any future such census shall appoint one member to the board; and (2)(ii) Each county with With a population of more than 50,000 according to the most recent United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; or (3)(B) The appointment or appointments for each county shall be made by the county governing authority; In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all 13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and (ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. (4) The county governing authority shall appoint as at least one of its appointments a consumer of disability services, a child psychiatrist, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (5)(2) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the division for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and In addition to the members appointed pursuant to paragraph (1) of this subsection,

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each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows:
(A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and (6)(4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(i) A member of the regional planning board which serves the region in which

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that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such persons spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (4) (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board. (c) In making appointments to the community service board, the various county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. For the purposes of this subsection, 'advocacy groups' means any organizations or

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associations that advocate for, promote, or have an interest in disability services and are exempted as a charitable organization from federal income tax pursuant to Section 501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services. (c.1) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service board is an individual who is trained or certified in finance or accounting; provided, however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county within the boundaries established for in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on December 31, 2002 June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective January 1, 2003 July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if:
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993; or
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and

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(3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with procedures established by the division the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority no less than 50 percent of the appointed board members appointed pursuant to subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding membership pursuant to subsection (b) of this Code section shall be appointed so as to

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assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including ex officio members any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such members resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office:
STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the _______________________ Community Service Board to the best of my ability.

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I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state.

_____________________ Signature of member of
____________________ Community Service Board

Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)

_____________________ Typed name of member of ____________________ Community Service Board

SECTION 6. Said title is further amended by striking Code Section 37-2-6.1, relating to the program director, staff, budget, and facilities of community service boards, in its entirety and inserting in its place the following:
37-2-6.1.
(a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise

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required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as long as and to the extent that each employee of such board shall be who is a covered employee as defined in Code Section 45-20-2, and is subject to the rules and regulations of the state merit system State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may establish fees for the provision of disability services according to the terms of contracts entered into with the Department of Human Resources and the Department of Community Health state-wide standards; (10) Each community service board may accept appropriations, loans of funds,

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facilities, equipment, and supplies from the local governmental entities within its boundaries in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same milage or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership; and the. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services when approved by in accordance with the terms of contracts entered into with the department; (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from

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state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service boards agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) When approved by the commissioner, a A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof,

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if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability professionals, and other providers of disability services to arrange for the provision of disability services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care or disability services which are within the lawful scope of the providers license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care or disability service.
SECTION 7. Said title is further amended by adding after Code Section 37-2-6.4, relating to reconstituting or converting of organizational structure, a new Code section to read as follows:
37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county that contributes funds or resources to such board within the community service board area, such

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community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such community service board and the governing authority of each county within the community service board area of such board that:
(1) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division shall determine:
(A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) of Code Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor; (B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such community service board shall be reconstituted; and that the division shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) of Code Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; (2) The division, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership of the board of health of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a

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manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the boards creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation.
SECTION 8. Said title is further amended by striking Code Section 37-2-10, relating to directors emergency powers upon failure of community service board to establish and administer progress, in its entirety and inserting in its place the following:
37-2-10. (a) Notwithstanding any other provisions of the law, the director with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director, with concurrence of the commissioner and the Governor, may:
(1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the

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programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees; or. (3)(c)(1) Notwithstanding any other provisions of the law, in extenuating circumstances, the director with the concurrence of the commissioner and the Governor is authorized to Appoint appoint a manager or management team to manage and operate the programs and services of the community service board until such time as a determination has been made that the circumstances or conditions causing the appointment of a manager or management team have been sufficiently corrected. Upon such a determination, the authority to manage and operate the programs and services of the community service board shall be returned to the community service board. if the director finds that the community service board:
(A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or (I) No longer has the fiscal ability to continue to provide contracted services and without the intervention of the department, continued provision of disability services to consumers in the service area is in immediate jeopardy. (2) In order to carry out the provisions of paragraph (1) of this subsection, the director shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure,

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operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director may remove such member or executive director from office; and (I) Report at least monthly to the director on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board.
SECTION 9. Said title is further amended by striking subsections (b) and (c) of Code Section 37-2-11, relating to allocation of available funds for services, in its entirety and inserting in its

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place the following: (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the regional offices division, shall be reported to the regional offices division and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The regional offices division shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the regional offices division; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The division shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay.
SECTION 10. Nothing in this Act shall be construed to affect or abate any right accrued or vested prior to July 1, 2006, or any action or proceeding commenced prior to July 1, 2006, under any law amended or repealed by this Act.

SECTION 11. This Act shall become effective July 1, 2006, except that those provisions which authorize community service boards to amend their bylaws and authorize county governing authorities to appoint no sooner than May 1, 2006, any community service board members to take office on July 1, 2006, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 1, and the committee substitute was adopted.

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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:

Adelman Balfour Brown Y Bulloch Butler Y Cagle Y Carter Y Chance Y Chapman Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate E Thomas,D N Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 1.

HB 1223, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 562. By Senators Weber of the 40th and Williams of the 19th:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an

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instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Senator Miles of the 43rd asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused.
Senator Rogers of the 21st asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.
The Calendar was resumed.
HB 1224. By Representatives Channell of the 116th, Cooper of the 41st, Brown of the 69th, Sheldon of the 105th and Manning of the 32nd:
A BILL to be entitled an Act to amend Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act"; so as to revise the definitions of "lowincome" and "volunteer"; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch E Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S

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Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 1224, having received the requisite constitutional majority, was passed.

The following House legislation was read the first time and referred to committee:

HB 1658. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the number and the description of the council 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 eligibility and qualifications; to provide for the election of the mayor; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

The Calendar was resumed.

HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of

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actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Wiles of the 37th.
The Senate Judiciary Committee offered the following substitute to HB 1195:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to provide for amended civil case filing forms; to change certain provisions relating to entry of judgment; to provide for confidential settlement agreements being excluded on civil case disposition forms; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by striking Code Section 9-11-3, relating to commencement of actions, and inserting in lieu thereof the following:
9-11-3. (a) A civil action is commenced by filing a complaint with the court. (b) At the time of filing the complaint for a civil action in superior court or state court, or as soon as practicable thereafter, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain complete information and shall be substantially in the form prescribed in Code Section 9-11-133. The filing of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action.
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 9-11-58, relating to the entry of judgment and filing of the civil case disposition form, and inserting in lieu thereof the following:

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(b) When judgment entered. The filing with the clerk of a judgment, signed by the
judge, with the fully completed civil case disposition form constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. As part At the time of the filing of the final judgment, a civil case disposition form shall be filed by the prevailing party or by the plaintiff if the case is settled, dismissed, or otherwise disposed of without a prevailing party; provided, however, that the amount of a sealed or otherwise confidential settlement agreement shall not be disclosed on the civil case disposition form. The form shall be substantially in the form prescribed in Code Section 9-11-133. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be made by the clerk of the court until the civil case disposition form is filed. The entry of the judgment shall not be delayed for the taxing of costs or the filing of the case disposition form.

SECTION 3. This Act shall become effective on July 1, 2006, and shall apply to actions and judgments filed on or after July 1, 2006.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Wiles of the 37th offered the following amendment:

Amend the committee substitute to HB 1195 by inserting on line 17 of page 2 after the word costs the following "This subsection shall not apply to actions brought pursuant to OCGA Sections 44-7-50 - 44-7-59"

On the adoption of the amendment, the yeas were 35, nays 0, and the Wiles amendment was adopted.

On the adoption of the substitute, the yeas were 30, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman 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 Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1195, having received the requisite constitutional majority, was passed by substitute.

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.
Senator Schaefer of the 50th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.
The following bill was taken up to consider the Conference Committee Report thereto:

SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and

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sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

The Conference Committee Report was as follows:

The Committee of Conference on SB 529 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 529 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Rogers of the 21st /s/ Senator Kemp of the 46th /s/ Senator Seabaugh of the 28th

/s/ Representative Graves of the 12th /s/ Representative Lunsford of the 110th /s/ Representative Morris of the 155th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 529

A BILL TO BE ENTITLED AN ACT

To amend Titles 13, 16, 35, 42, 43, 48, and 50 of the Official Code of Georgia Annotated, relating to contracts, crimes and offenses, law enforcement officers and agencies, penal institutions, professions and businesses, revenue and taxation, and state government, respectively, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for definitions; to provide for procedures and requirements applicable to certain contracts or subcontracts; to provide for powers, duties, and authority of the Commissioner of Labor; to provide that it shall be unlawful to traffic a person for labor or sexual servitude; to provide that the commissioner of public safety is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration laws and related activities; to provide for a definition; to provide for certain training; to provide for funding; to provide for certain authorized activities by certain peace officers; to provide for valid identification documents; to provide for exceptions; to provide procedures for determining nationality and immigration status of certain persons who are booked into a jail; to provide for the development of guidelines relative to such booking procedures; to provide for the comprehensive regulation of private immigration assistance services; to provide for a short title; to provide a statement of purpose and

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definitions; to specify conditions under which certain compensation paid by a taxpayer shall be disallowed as a business expense for state income tax purposes; to provide for powers, duties, and authority of the state revenue commissioner; to provide for additional withholding requirements and procedures; to provide for exceptions; to provide for verification of lawful presence requirements, procedures, and conditions regarding applications for certain benefits; to provide for exceptions; to provide for the promulgation of regulations; to provide for criminal and other penalties; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Security and Immigration Compliance Act." All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law.
SECTION 2. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding two new articles at the end of Chapter 10, to be designated Articles 3 and 4, to read as follows:
ARTICLE 3
13-10-90. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of the Georgia Department of Labor. (2) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603. (3) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state. (4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.
13-10-91. (a) On or after July 1, 2007, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.
(b)(1) No public employer shall enter into a contract for the physical performance of

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services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new employees. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows:
(A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labors website. (e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportations website.
SECTION 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section immediately following Code Section 16-5-45, to be designated Code Section 16-5-46, to read as follows:
16-5-46. (a) As used in this Code section, the term:
(1) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or (D) Providing a controlled substance, as such term is defined by Code Section 16-

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13-21, to such person. (2) 'Deception' means:
(A) Creating or confirming anothers impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (3) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. (4) 'Sexual servitude' means: (A) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or (B) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 which is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years. (b) A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects or maintains another in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude. (c) A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects or maintains another in sexual servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude. (d) Any person who commits the offense of trafficking a person for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Any person who commits the offense of trafficking a person for labor or sexual servitude against a person who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years. (e) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under the provisions of this Code section and to

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perform any duty that necessarily appertains thereto. (f) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense. (g) A corporation may be prosecuted under this Code section for an act or omission constituting a crime under this Code section only if an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of his or her employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring.
SECTION 4. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Code section immediately following Code Section 35-2-13, to be designated Code Section 35-2-14, to read as follows:
35-2-14. (a) As used in this Code section, the term 'peace officer' means peace officer as defined in subparagraph (A) of paragraph (8) of Code Section 35-8-2, as amended. (b) The commissioner is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of Georgia. (c) The memorandum of understanding negotiated pursuant to subsection (b) of this Code section shall be signed on behalf of the state by the commissioner and the Governor or as otherwise required by the appropriate federal agency. (d) The commissioner shall designate appropriate peace officers to be trained pursuant to the memorandum of understanding provided for in subsections (b) and (c) of this Code section. Such training shall be funded pursuant to the federal Homeland Security Appropriation Act of 2006, Public Law 109-90, or any subsequent source of federal funding. The provisions of this subsection shall become effective upon such funding. (e) A peace officer certified as trained in accordance with the memorandum of understanding as provided in this Code section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties.
SECTION 5. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section immediately following Code Section 42-4-13, to be designated Code Section 42-4-14, to read as follows:
42-4-14. (a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 is confined, for any period, in the jail of the county,

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any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the nationality of the person so confined. (b) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section.
SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter immediately following Chapter 20 to read as follows:
CHAPTER 20A
43-20A-1. This chapter shall be known and may be cited as the 'Registration of Immigration Assistance Act.'
43-20A-2. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys.
43-20A-3. As used in this chapter, the term:
(1) 'Compensation' means money, property, services, promise of payment, or anything else of value. (2) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employees paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor. (3) 'Immigration assistance service' means any information or action provided or offered to customers or prospective customers related to immigration matters,

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excluding legal advice, recommending a specific course of legal action or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law. (4) 'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:
(A) Immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or (B) Action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.
43-20A-4. (a) Any person who provides or offers to provide immigration assistance service may perform only the following services:
(1) Completing a government agency form, requested by the customer and appropriate to the customers needs only if the completion of that form does not involve a legal judgment for that particular matter; (2) Transcribing responses to a government agency form which is related to an immigration matter but not advising a customer as to his or her answers on those forms; (3) Translating information on forms to a customer and translating the customers answers to questions posed on those forms; (4) Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) Translating documents from a foreign language into English; (6) Notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (7) Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter; (8) Preparing or arranging for the preparation of photographs and fingerprints; (9) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; (10) Conducting English language and civics courses; and (11) Performing such other services that the office of the Secretary of State determines by rule may be appropriately performed by such persons in light of the purposes of this chapter. (b) The following persons are exempt from this chapter: (1) An attorney licensed to practice law in Georgia or an attorney licensed to practice law in any other state or territory of the United States or in any foreign country when acting with the approval of a judge having lawful jurisdiction over the matter; (2) A legal intern, clerk, paralegal, or person in a similar position employed by and

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under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance service in the course of employment; (3) A not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees, of those organizations accredited under 8 C.F.R. 292.2(d); and (4) Any organization employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided. (c) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law. (d) Any person performing such services shall obtain business licenses from the office of the Secretary of State and as may be required by a local governing authority. (e) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' (f) Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous size, if in writing, and shall state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If such advertisement is by radio or television, the statement may be modified but must include substantially the same message. (g) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. (h) Violations of this chapter may result in a fine of up to $1,000.00 per violation. A fine charged pursuant to this chapter shall not preempt or preclude additional

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appropriate civil or criminal penalties. (i) No person engaged in providing immigration services who is not exempted under this chapter shall do any of the following:
(1) Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law; (2) Refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (3) Represent or advertise, in connection with the provision assistance in immigration matters, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney; the term 'notary public' may not be translated to another language; (4) Provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or (5) Make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage. (j) Any person who violates any provision of this chapter shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense. (k) The Secretary of State shall issue rules not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter.
SECTION 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-7-21, to be designated Code Section 48-7-21.1, to read as follows:
48-7-21.1. (a) As used in this Code section, the term:
(1) 'Authorized employee' means any individual authorized for employment in the United States as defined in paragraph (2) of subsection (a) of 8 U.S.C. Section 1324a. (2) 'Labor services' means the physical performance of services in this state. (b) On or after January 1, 2008, no wages or remuneration for labor services to an individual of $600.00 or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

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(c) This Code section shall not apply to any business domiciled in this state which is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful. (d) This Code section shall not apply to any individual hired by the taxpayer prior to January 1, 2008. (e) This Code section shall not apply to any taxpayer where the individual being paid is not directly compensated or employed by said taxpayer. (f) This Code section shall not apply to wages or remuneration paid for labor services to any individual who holds and presents to the taxpayer a valid license or identification card issued by the Georgia Department of Driver Services. (g) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section.
SECTION 8. Said title is further amended in Code Section 48-7-101, relating to income tax withholding, by adding a new subsection at the end thereof, to be designated subsection (i), to read as follows:
(i) Form 1099 withholding and reporting. (1) A withholding agent shall be required to withhold state income tax at the rate of 6 percent of the amount of compensation paid to an individual which compensation is reported on Form 1099 and with respect to which the individual has:
(A) Failed to provide a taxpayer identification number; (B) Failed to provide a correct taxpayer identification number; or (C) Provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens. (2) Any withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless such withholding agent is exempt from federal withholding with respect to such individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of such form to the commissioner.
SECTION 9. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows:
CHAPTER 36 50-36-1. (a) Except as provided in subsection (c) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is

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administered by an agency or a political subdivision of this state. (b) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c) Verification of lawful presence under this Code section shall not be required:
(1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney Generals sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and (C) Are necessary for the protection of life or safety. (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older lawfully present in the United States. (e) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of

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this Code section. (f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state agency or department which administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this Code section. (i) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia. (j) Notwithstanding subsection (f) of this Code section any applicant for federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section.

SECTION 10. (a) Except as otherwise provided in this section, this Act shall become effective on July 1, 2007. (b) Section 3 of this Act shall become effective on July 1, 2007, and shall not apply to any offense committed prior to July 1, 2007.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Rogers of the 21st moved that the Senate adopt the Conference Committee Report on SB 529.

On the motion, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 39, nays 16; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 529.

The following bill was taken up to consider House action thereto:

SB 79. By Senators Williams of the 19th, Pearson of the 51st, Rogers of the 21st, Goggans of the 7th, Heath of the 31st and others:

A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide expressly that local boards of education are authorized to provide additional elective courses for students in specified grades; to provide for state funding of such additional elective courses; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era; to provide for the adoption of the curricula for such courses by the State Board of Education; to provide for reading materials, and methods of teaching in such courses; to provide for certain matters relating

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to the employment and assignment of teachers of such courses; to provide for the granting of academic credit for the successful completion of such courses; to provide for the monitoring of the content and teaching of such courses; 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. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," is amended by adding at the end thereof a new Code section to read as follows:
20-2-148. (a) All public schools with grade nine or above may make available to eligible students in grades nine through 12 an elective course in the History and Literature of the Old Testament Era and an elective course in the History and Literature of the New Testament Era. The purpose of such courses shall be to accommodate the rights and desires of those teachers and students who wish to teach and study the Old and New Testaments and to familiarize students with the contents of the Old and New Testaments, the history recorded by the Old and New Testaments, the literary style and structure of the Old and New Testaments, the customs and cultures of the peoples and societies recorded in the Old and New Testaments, and the influence of the Old and New Testaments upon law, history, government, literature, art, music, customs, morals, values, and culture.
(b)(1) No later than February 1, 2007, the State Board of Education shall adopt a curriculum for each course, including objectives, reading materials, and lesson plans, which has been prepared in accordance with the requirements of this subsection. (2) The book or collection of books commonly known as the Old Testament shall be the basic text for the course in the History and Literature of the Old Testament Era, and the book or collection of books commonly known as the New Testament shall be the basic text for the course in the History and Literature of the New Testament Era. In addition, students may be assigned a range of reading materials for the courses, including selections from secular historical and cultural works and selections from other religious and cultural traditions. The courses shall familiarize students with the customs and cultures of the times and places referred to in the Old and New Testaments. The courses shall familiarize the students with the methods and tools of writing at the times the Old and New Testament books were written, the means by which they were preserved, the languages in which they were written and into which they were translated, and the historical and cultural events which led to the translation of the Old and New Testaments into the English language. The local board of education may recommend which version of the Old or New Testament may be used in the course; provided, however, that the teacher of the course shall not be required to adopt that recommendation but may use the recommended version or another version. No student shall be required to use one version as the sole text of the Old or

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New Testament. If a student desires to use as the basic text a different version of the Old or New Testament from that chosen by the local board of education or teacher, he or she shall be permitted to do so. (3) The courses provided for in this Code section shall:
(A) Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students as to either the truth or falsity of the biblical materials or texts from other religious or cultural traditions; (B) Not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; and (C) Not disparage or encourage a commitment to a set of religious beliefs. (c) The provisions of this chapter relating to personnel employed by local units of administration, including without limitation certification requirements, employment, and supervision, shall apply to persons who teach the courses provided for in this Code section. In addition, no person shall be assigned to teach such courses based in whole or in part on any religious test, profession of faith or lack thereof, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack thereof about the Bible. Except for these requirements, the qualifications and training of teachers shall be determined by the local boards of education. (d) On and after July 1, 2007, for the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion of the course in the History and Literature of the Old Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit, and satisfactory completion of the course in the History and Literature of the New Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit; provided, however, that such courses are taught in strict compliance with the requirements of this Code section. (e) A local board of education may make such arrangements for monitoring the content and teaching of the course in the History and Literature of the Old Testament Era and the course in the History and Literature of the New Testament Era as it deems appropriate. (f) Nothing in this Code section shall be construed to limit the authority of a local board of education to offer courses regarding the Old Testament or the New Testament that are not in compliance with this Code section; provided, however, that no state funds distributed pursuant to this article shall be expended in connection with such a course that does not meet the requirements of this Code section. (g) Nothing in this Code section shall be construed to prohibit local boards of education from offering elective courses based upon the books of other religions or societies. In determining whether to offer such courses, the local board may consider various factors including, but not limited to, student and parent demand for such courses and the impact such books have had upon history and culture.
SECTION 2. This Act shall become effective on July 1, 2006.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Williams of the 19th moved that the Senate agree to the House substitute to SB 79.

On the motion, a roll call was taken and the vote was as follows:

Adelman Y Balfour
Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Y Thomas,D N Thomas,R
Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 45, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 79.

The following bill was taken up to consider House action thereto:

SB 238. By Senators Hill of the 32nd and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.

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The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for individuals and entities that financially sponsor certain charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by inserting at the end thereof a new Code Section 51-1-51 to read as follows:
51-1-51. If any individual, cooperative, corporation, club, association, or organization, or director, trustee, or member of the governing body of any such cooperative, corporation, club, association, or organization, supplies only financial sponsorship or financial support for a charitable fundraising event of another entity and the provider of such financial sponsorship or financial support is not, in any way, involved in the management, organization, planning, or execution of such event, then such individual, cooperative, corporation, club, association, organization, director, trustee, or member shall not be liable for any personal injury or damage to property arising from such charitable fundraising event. However, if such financial sponsorship or financial support constitutes willful, wanton, or gross negligence, then such immunity from suit shall not attach. As used in this Code section, the term 'financial sponsorship' or 'financial support' means only the provision of monetary support and shall not include donations of event locations, products, foods, beverages, labor, or any other nonmonetary contributions.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Hill of the 32nd asked unanimous consent that the Senate disagree to the House substitute to SB 238.
The consent was granted, and the Senate disagreed to the House substitute to SB 238.
Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

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Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.

Senator Chance of the 16th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

The Calendar was resumed.

HB 1246. By Representatives Howard, E. of the 121st and Murphy of the 120th:

A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide for state flags to honor deceased Georgia elected state officials; to provide for definitions and legislative intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Balfour of the 9th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

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On the passage of the bill, the yeas were 53, nays 0.
HB 1246, having received the requisite constitutional majority, was passed.
HR 1259. By Representative Barnard of the 166th:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across or through property owned by the State of Georgia in Chatham, Coweta, Douglas, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Grant of the 25th.
The Senate State Institutions and Property Committee offered the following substitute to HR 1259:
A RESOLUTION
Authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across or through property owned by the State of Georgia in Bryan, Camden, Charlton, Chatham, Clarke, Coweta, Douglas, Glynn, Grady, Muscogee, and Whitfield counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Bryan, Camden, Charlton, Chatham, Clarke, Coweta, Douglas, Glynn, Grady, Muscogee, and Whitfield counties, Georgia; and
WHEREAS, Terry L. Hall, the Unified Government of Athens-Clarke County, Georgia Power Company, Greystone Power Corporation, the City of Cairo, the Columbus Consolidated Government, Southern Natural Gas Company, and North Georgia Electric Membership Corporation desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested and/or approved by the Department of Natural Resources, Department of Agriculture, Department of Technical and Adult Education, and State Properties Commission with respect to the property under the jurisdiction of their respective departments.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I SECTION 1. That the State of Georgia is the owner of the hereinafter described real property in Chatham County and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Terry L. Hall, or his successors and assigns, a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located lying west of Windsor, 6th GMD Chatham County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a plat of survey dated February 20, 2002, prepared by Vincent Helmly and on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."
SECTION 3. That the above-described premises shall be used solely for the purposes of installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 4. That Terry L. Hall shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress.
SECTION 5. That, after Terry L. Hall has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Terry L. Hall, or his successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the ingress and egress shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to Terry L. Hall and, except as herein specifically granted

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to Terry L. Hall, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Terry L. Hall.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Terry L. Hall shall remove or relocate his facilities to the alternate easement area at his sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Terry L. Hall. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 8. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 9. That the easement granted to Terry L. Hall shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 10. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

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SECTION 11. That this grant of easement 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 the authorization in this resolution to grant the above-described easement to Terry L. Hall shall expire three years after the date that this resolution becomes effective.
SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 14.
That the State of Georgia is the owner of the hereinafter described real property in Clarke County and the property is in the custody of the Department of Agriculture, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area the State of Georgia is acting by and through its State Properties Commission.
SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Unified Government of Athens-Clarke County, Georgia, or its successors and assigns, a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at 2188 W. Broad Street, Athens-Clarke County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a plat of survey dated January 18, 2006, prepared by J. R. Holland and on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."
SECTION 16. That the above-described premises shall be used solely for the purpose of ingress and egress.
SECTION 17. That the Unified Government of Athens-Clarke County, Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress.

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SECTION 18. That, after the Unified Government of Athens-Clarke County, Georgia has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Unified Government of Athens-Clarke County, Georgia, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the ingress and egress shall become the property of the State of Georgia, or its successors and assigns.
SECTION 19. That no title shall be conveyed to the Unified Government of Athens-Clarke County, Georgia and, except as herein specifically granted to the Unified Government of AthensClarke County, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Unified Government of Athens-Clarke County, Georgia.
SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Unified Government of Athens-Clarke County, Georgia shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Unified Government of Athens-Clarke County, Georgia. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 21. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement

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area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 22. That the easement granted to the Unified Government of Athens-Clarke County, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 23. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 24. That this grant of easement 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 25. That the authorization in this resolution to grant the above-described easement to the Unified Government of Athens-Clarke County, Georgia shall expire three years after the date that this resolution becomes effective.
SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 27. That the State of Georgia is the owner of the hereinafter described real property in Coweta County, and is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing,

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erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress or egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots 112, 113, 116, 117, 132, 133, 139, 140, 155, 156, 161, and 176 of the 4th District, Coweta County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a drawing prepared by Georgia Power Company and being titled "Plant Yates Transmission Line", additional easement to be acquired crossing the property of Georgia Department of Natural Resources, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."
SECTION 29. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.
SECTION 30. That the Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line.
SECTION 31. That, after the Georgia Power Company has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 32. That no title shall be conveyed to the Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed

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or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 34. That this resolution does not affect and is not intended to affect any rights, powers, interests, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 35. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 36. That the consideration for such easement shall be for $10.00 and the acknowledgment that Georgia Power Company conveyed 564 acres to the State of Georgia for a consideration of $10.00, a portion of which the herein described easement traverses, and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 37. That this grant of easement shall be recorded by the grantee in the Superior Court of Coweta County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 38. That the authorization in this resolution to grant the above-described easement to Georgia Power Company 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 the grant of the easement area.
ARTICLE IV SECTION 40. That the State of Georgia is the owner of the hereinafter described real property in Douglas County and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through the State Properties Commission.
SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lot 882, 13th District, 2nd Section, Douglas County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a drawing prepared by Greystone Power Corporation, and attached as EXHIBIT "A" to that certain revocable license agreement dated June 15, 2005 and designated as real property record #10115, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."
SECTION 42. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.
SECTION 43. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line.

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SECTION 44. That after the Greystone Power Corporation has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Greystone Power Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns.
SECTION 45. That no title shall be conveyed to Greystone Power Corporation, and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Corporation.
SECTION 46. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Greystone Power Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent the amount of a written estimate provided by Greystone Power Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 47. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statues in its use of the easement area.

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SECTION 48. That the easement granted to Greystone Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 49. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 51. That the authorization in this resolution to grant the above-described easement to Greystone Power Corporation shall expire three years after the date that this resolution becomes effective.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 53.
That the State of Georgia is the owner of the hereinafter described real property in Grady County and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cairo, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of utilities on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating utilities together with the right of ingress and egress over adjacent land of the State of Georgia as may be

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reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots 381 and 20, 17th and 18th Land District, Grady County, Georgia, and are more particularly described as follows:
"That portion and that portion only as shown highlighted in yellow on a plat of survey dated October 1, 2003 prepared by Larry W. Grogan and all being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."
SECTION 55. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating utilities.
SECTION 56. That the City of Cairo shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said utilities.
SECTION 57. That, after the City of Cairo has put into use the utilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Cairo, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 58. That no title shall be conveyed to the City of Cairo, and, except as herein specifically granted to the City of Cairo, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cairo.
SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the

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City of Cairo shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cairo. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 60. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statues in its use of the easement area.
SECTION 61. That the easement granted to the City of Cairo shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 62. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Grady County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 64. That the authorization in this resolution to grant the above-described easement to the City of Cairo shall expire three years after the date that this resolution becomes effective.
SECTION 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE VI SECTION 66. That the State of Georgia is the owner of the hereinafter described real property in Muscogee County and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Columbus Consolidated Government, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lot 59, 9th District of Muscogee County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown highlighted in yellow on a plat of survey dated May 10, 2005 and prepared by A. B. Moon Jr., and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."
SECTION 68. That the above-described premises shall be used solely for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 69. That the Columbus Consolidated Government shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line.
SECTION 70. That, after the Columbus Consolidated Government has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Columbus Consolidated Government, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns.

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SECTION 71. That no title shall be conveyed to the Columbus Consolidated Government, and, except as herein specifically granted to Columbus Consolidated Government, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Columbus Consolidated Government.
SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Columbus Consolidated Government shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Columbus Consolidated Government. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 73. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statues in its use of the easement area.
SECTION 74. That the easement granted to the Columbus Consolidated Government shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 75. That the consideration for such easement shall be for the fair market value, but not less that $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 76. That this grant of easement shall be recorded by the grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 77. That the authorization in this resolution to grant the above-described easement to the Columbus Consolidated Government shall expire three years after the date that this resolution becomes effective.
SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 79. That the State of Georgia is the owner of the hereinafter described real property in Bryan, Camden, Charlton, Chatham, and Glynn counties, and is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Natural Gas Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas pipeline in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas pipeline together with the right of ingress or egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on state property known as creek or river bottoms of St. Augustine Creek and the Ogeechee, Little Satilla, St. Marys, and Satilla Rivers and/or tidally influenced lands near these waters and manages a state owned scenic easement along the Altamaha River in Glynn County, Georgia, and is more particularly described as outlined in yellow on a drawing prepared by Southern Natural Gas Company and being titled "Proposed Cypress Pipeline Crossings Over State Lands and Tidal Areas", and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 81. That the above-described premises shall be used solely for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas pipeline.
SECTION 82. That Southern Natural Gas Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said natural gas pipe line.
SECTION 83. That, after Southern Natural Gas Company has put into use the natural gas pipeline for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Natural Gas Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 84. That no title shall be conveyed to Southern Natural Gas Company, and, except as herein specifically granted to Southern Natural Gas Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Natural Gas Company.
SECTION 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Southern Natural Gas Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Southern Natural Gas Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 86. That this resolution does not affect and is not intended to affect any rights, powers, interests, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 87. That the easement granted to Southern Natural Gas Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 88. That the consideration for such easement shall be for not less than the fair market value and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 89. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bryan, Camden, Charlton, Chatham, and Glynn counties and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 90. That the authorization in this resolution to grant the above-described easement to Southern Natural Gas Company shall expire three years after the date that this resolution becomes effective.
SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII SECTION 92. That the State of Georgia is the owner of the hereinafter described real property in Whitfield County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through the State Properties Commission.

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SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to North Georgia Electric Membership Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lot 230, 13th District, 3rd Section, Whitfield County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a drawing prepared by North Georgia Electric Membership Corporation, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."
SECTION 94. That the above-described premises shall be used solely for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.
SECTION 95. That North Georgia Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line.
SECTION 96. That, after North Georgia Electric Membership Corporation has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, North Georgia Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns.
SECTION 97. That no title shall be conveyed to North Georgia Electric Membership Corporation, and, except as herein specifically granted to North Georgia Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to North Georgia Electric Membership Corporation.

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SECTION 98. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and North Georgia Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by North Georgia Electric Membership Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 99. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 100. That the easement granted to North Georgia Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 101. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

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SECTION 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 103. That the authorization in this resolution to grant the above-described easement to North Georgia Electric Membership Corporation 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 the grant of the easement area.
ARTICLE IX SECTION 105. That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman E Balfour Y Brown Y 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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman E Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 50, nays 0.

HR 1259, having received the requisite constitutional majority was adopted by substitute.

The following bill was taken up to consider House action thereto:

HB 1390. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Thomas of the 54th moved that the Senate insist on its amendment to HB 1390.
Senator Harp of the 29th moved that the Senate recede from its amendment to HB 1390.

On the motion to recede, a roll call was taken and the vote was as follows:

N Adelman N Balfour Y Brown Y Bulloch Y Butler
Cagle Y Carter Y Chance N Chapman Y Douglas Y Fort E Goggans N Golden Y Grant N Hamrick

Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens N Johnson Y Jones
Kemp Y Me V Bremen Y Miles N Moody N Mullis
Pearson E Powell N Reed Y Rogers

N Smith N Starr N Staton N Stephens N Stoner N Tarver N Tate N Thomas,D N Thomas,R Y Thompson,C E Thompson,S N Tolleson Y Unterman Y Weber N Whitehead

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Y Harbison Y Harp N Heath Y Henson

N Schaefer N Seabaugh N Seay Y Shafer,D

N Wiles N Williams N Zamarripa

On the motion, the yeas were 22, nays 28; the motion lost, and the Senate did not recede from its amendment to HB 1390.

On the previous motion to insist, Senator Unterman of the 45th called for the yeas and nays; the call was sustained and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort E Goggans Y Golden N Grant
Hamrick Y Harbison Y Harp Y Heath N Henson

N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones
Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson E Powell Y Reed N Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 44, nays 7; the motion prevailed, and the Senate insisted on its amendment to HB 1390.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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3519

SB 77.

By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 1322. By Senators Williams of the 19th, Brown of the 26th and Johnson of the 1st:

A RESOLUTION relative to adjournment; and for other purposes.

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

SB 306. By Senators Hamrick of the 30th and Harp of the 29th:

A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes.

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At 4:10 p.m. the President announced that the Senate would stand in recess until 4:40 p.m. today.
At 4:40 p.m. the President called the Senate to order.
The Calendar was resumed.
HB 1275. By Representatives Smith of the 129th, Floyd of the 147th, Rynders of the 152nd, Graves of the 12th and Channell of the 116th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the revocation of a commercial drivers license upon violation of Code Sections 16-8-2 through 16-8-9; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Whitehead, Sr. of the 24th.
Senators Carter of the 13th, Chance of the 16th and Whitehead, Sr. of the 24th offered the following amendment:
Amend HB 1275 by striking "Code Section 40-5-151 of the Official Code of Georgia Annotated, relating to disqualification from driving, so as" on lines 3 and 4 on page 1 and inserting in lieu thereof "Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for the acquisition and admission of evidence regarding driving under the influence under certain circumstances;".
By redesignating Section 3 as Section 4 and by striking lines 23 and 24 on page 1 and inserting in lieu thereof the following: Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by inserting a new subsection (d.1) in Code Section 40-5-67.1, relating to chemical tests, to read as follows:
(d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-151, relating to disqualification from driving, and inserting in lieu
On the adoption of the amendment, the yeas were 29, nays 0, and the Carter et al. amendment was adopted.

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The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson
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

Smith Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Whitehead Y Wiles Y Williams Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

HB 1275, having received the requisite constitutional majority, was passed as amended.

Senator Seay of the 34th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.
Senator Chance of the 16th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.
Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.
Senator Thomas of the 54th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

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HB 1288. By Representatives Ralston of the 7th, Fleming of the 117th, Hatfield of the 177th, Cox of the 102nd and Everson of the 106th:

A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide for required training of municipal court clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Chance of the 16th.

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
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1288, having received the requisite constitutional majority, was passed.

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

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HB 1301. By Representatives Martin of the 47th, Royal of the 171st, Chambers of the 81st, Jennings of the 82nd, Scott of the 2nd 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 sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain sales of food and groceries to a qualified food bank; 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 repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Chance of the 16th.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
February 28, 2006
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1301 (LC 18 5190)
Dear Chairman O'Neal:
This bill would provide a temporary exemption from sales and use tax on sales of food and groceries to qualified food banks. Qualified food banks would be tax exempt under Internal Revenue Code Section 501(c)(3) and operate primarily to provide hunger relief to low income state residents. The exemption would apply to sales occurring between July 1, 2006, and June 30, 2008.

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The Georgia State University Fiscal Research Center estimates the impact of this bill would be a reduction in state revenues of approximately $172,000 and a reduction in local government revenues of approximately $129,000. The Center provided the following analysis of the revenue impact of this bill:
There are eight food banks in Georgia in the Georgia Food Bank Association. They work in a network that covers all 159 counties. The largest is the Atlanta Community Food Bank (ACFB) which serves 750 food relief programs in 38 counties. According to its web site, the ACFB distributed 15.7 million pounds of food in 2004. Most of the food this and the other food banks collect and distribute is donated. The ACFB lists over 250 corporations (e.g., Campbell Soup Company, Marie Callender, Publix) as food donors. However, there are some food purchases.
Mr. Bruce Donnelly, the ACFB Development Director (telephone contact: 2/15/2006), reports:
(1) A $4 million annual State grant, shared with all eight food banks, to purchase food for women with children no longer eligible for welfare.
(2) Grants from FEMA, for disaster relief food purchases, usually totaling about $25,000. All eight food banks are assumed to receive similar grants.
(3) Private donations for food purchases amounting to around $100,000 per year.
Altogether, Georgia's eight food banks are estimated to spend about $4.3 million in a year on food to be used for charitable purposes. Mr. Donnelly reports that the food banks do pay sales tax on everything they purchase, including food to be distributed to needy people. Exempting this volume of purchases from state sales tax would cost $172,000. It is assumed that most counties tax food with their LOST and that all SPLOST, HOST, and ELOST taxes do not exempt food. Assuming an average of 3% for local sales taxes, the cost to local governments is estimated at $129,000.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Shelley C. Nickel, 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:

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Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y 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

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

HB 1301, having received the requisite constitutional majority, was passed.

HB 1302. By Representatives Casas of the 103rd, Fleming of the 117th, Everson of the 106th, Coan of the 101st, Reese of the 98th and others:

A BILL to be entitled an Act to provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the O.C.G.A., the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Adelman of the 42nd.

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The Senate Judiciary Committee offered the following substitute to HB 1302:
A BILL TO BE ENTITLED AN ACT
To provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to provide for the Criminal Street Gang Reward Fund administered by the Prosecuting Attorney's Council; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for related matters; to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, so as to remove certain limitations with respect to the offering of such rewards by the governing authority of a county or municipality; to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," is amended by striking in its entirety Code Section 16-15-3, relating to definitions, and inserting in lieu thereof the following:
16-15-3. As used in this chapter, the term:
(1) 'Criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006:
(A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 425-19, relating to the security of state or county correctional facilities;

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(G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody; (H) Any offense of criminal trespass or criminal damage to property resulting from any act of gang related painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another; (I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions, or possessions, any of the several states, or any foreign nation which, if committed in this state, would be considered criminal gang activity under this Code section; and (J) Any criminal offense in the State of Georgia, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed. (1)(2) 'Criminal street gang' means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in a pattern of criminal gang activity as defined in paragraph (2)(1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity. (2) 'Pattern of criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two of the following offenses, provided that at least one of these offenses occurred after July 1, 1998, and the last of such offenses occurred within three years, excluding any periods of imprisonment, of prior criminal gang activity: (A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 425-19, relating to the security of state or county correctional facilities; and (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody.
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 16-15-4, relating to the prohibition against participation in criminal street gang activity, and inserting in lieu thereof the following:

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16-15-4.
(a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang activity through a pattern of criminal gang activity the commission of any offense enumerated in paragraph (1) of Code Section 16-15-3. (b) It shall be unlawful for any person employed by or associated with a criminal street gang to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with knowledge that members of such criminal street gang have committed one or more of such offenses. (c) It shall be unlawful for any person to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with the intent to maintain or increase his or her status or position in a criminal street gang. (d) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through a pattern of criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. (c)(e) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in a pattern of criminal gang activity. (d)(f) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang. (e)(g) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. (f)(h) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang.
(g)(i)(1) Any person who violates subsection (a), (b), (c), or (b) (d) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than three five nor more than 15 years or by a fine of not less than $5,000.00 $10,000.00 nor more than $10,000.00 $15,000.00, or both. (2) Any person who violates subsection (c)(e) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law. (3) Any person who violates subsection (d), (e), or (f), (g), or (h) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one three nor more than ten years. (h)(j) Any crime committed in violation of this Code section shall be considered a separate offense.

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SECTION 3. Said chapter is further amended by inserting at the end thereof the following:
16-15-9. The commission of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity. 16-15-10. There shall be established as part of the Prosecuting Attorney's Council the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to $5,000.00 reward for information leading to the arrest and conviction of any person involved in criminal street gang activity that leads to the death or maiming of another person or property damage in the amount of $2,500.00 or more.
SECTION 4. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsections (b) and (c) of Code Section 20-2-1180 and inserting in lieu thereof new subsections (b), (c), and (c.1) to read as follows:
(b) Any person who shall not have any: (1) Is legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail and willfully fails to remove himself or herself from such premises after the principal or designee of such school shall request requests him or her to do so; or (2) Fails to check in at the designated location as required by subsection (c) of this Code section and willfully fails to remove himself or herself from such premises after the principal or designee of such school requests him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature. (c) Upon entering any elementary or secondary school building between the official starting time and the official dismissal time, any person who is not a student at such school, an employee of the school or school system, a school board member, an approved volunteer following the established guidelines of the school, or a person who has been invited to or otherwise authorized to be at the school by a principal, teacher, counselor, or other authorized employee of the school shall check in at the designated location as stated on posted signs and provide a reason for his or her presence at the school. Failure to check in at the designated location as provided in this subsection shall be prima-facie evidence that such person is in violation of subsection (b) of this Code section. (c.1) Subsections (b) and (c) of this Code section This subsection shall not apply to law: (1) Law enforcement officers, firefighters, emergency medical technicians or paramedics, or any public safety or emergency management officials in the performance of an emergency call or to other persons making authorized deliveries to

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the school. This subsection shall not apply to any; (2) Any person entering a school which on election day, for purposes of voting, when the school serves as an official polling place for the purpose of voting on election day; or (3) Any person attending or participating in an academic or athletic event while remaining in the authorized area or a parent, grandparent, or guardian listed on a childs pick-up list who fails to sign-in while delivering school supplies, food, clothing, other legitimate business and who has not previously been sanctioned by school officials for disrupting a school.
SECTION 5. Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
(b) The Governor and any county or municipal governing authority shall, in their discretion, offer and cause to be paid rewards for the detection or apprehension of the perpetrator of any felony committed within this state, such reward not to exceed the sum of $1,000.00 in felonies not capital, including arson, and not to exceed the sum of $10,000.00 in capital felonies and arson; provided, however, that the governing authority of a county or municipality may offer and pay such a reward only in cases in which the Governor has first offered a reward and, in such cases, the amount offered by any local governing authority shall not exceed the aggregate amount of $25,000.00.
SECTION 6. This section and Sections 5 and 7 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. The remaining sections of this Act shall become effective on July 1, 2006, and shall apply to all crimes committed on or after such date. Any offense committed before July 1, 2006, shall be punishable as provided by the statute in effect at the time the offense was committed.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Senators Aldeman of the 42nd and Hamrick of the 30th offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 1302 (LC 29 2411S) by inserting on line 10 of page 1 after the first semicolon:
to provide for disclosure of campus policemens records;
By striking on lines 11 and 12 on page 5 "and willfully fails to remove himself or herself from such premises after the principal or designee of such schools requests him or her to do so"

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By inserting before line 1 on page 6 the following:
SECTION 5. Said title is further amended by adding a new Code Section 20-8-7 to read as follows:
20-8-7. Law enforcement records created, received, or maintained by campus policemen that relate to the investigation of criminal conduct and crimes as defined under Georgia law and which are not subject to protection from disclosure by any other Georgia law shall be made available within a reasonable time after request for public inspection and copying.
Redesignating Sections 5, 6, and 7 as Sections 6, 7, and 8 respectively.
By striking on line 14 of page 6 "5 and 7" and inserting in its place "6 and 8".
On the adoption of the amendment, the yeas were 34, nays 2, and the Adelman, Heath amendment was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

E Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath N Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 3.

HB 1302, having received the requisite constitutional majority, was passed by substitute.

Senator Tolleson of the 20th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused.

Senator Henson of the 41st asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

HB 1307. By Representatives Loudermilk of the 14th, Martin of the 47th, Lewis of the 15th, Byrd of the 20th, Everson of the 106th and others:

A BILL to be entitled an Act to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to the Georgia Register, so as to change certain provisions regarding the method of publishing and the contents of the publication; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Staton of the 18th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort
Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson

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Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

HB 1307, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 450.

By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Calendar was resumed.

HB 1308. By Representative Brown of the 69th:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia, relating to the care and protection of indigent and elderly patients, so as to change certain provisions relating to the maximum amount of aggregate nursing home provider fees which must be paid; to change certain

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provisions relating to the assessment, calculation, and payment of quality assessment fees on care management organizations; to provide for related matters; to provide for 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:

E Adelman Y Balfour Y Brown Y Bulloch Y Butler
Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

HB 1308, having received the requisite constitutional majority, was passed.

HB 1318. By Representative Barnard of the 166th:

A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide authority to place vending machines on the premises of department facilities for the benefit of employees; to provide for employee benefit funds; to change certain provisions relating to the Board and

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3535

Department of Corrections; to provide definitions; to provide a statement of legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Grant of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y 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 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
Seabaugh Y Seay Y Shafer,D

Y Smith E Starr
Staton Stephens Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1318, having received the requisite constitutional majority, was passed.

Senator Chance of the 16th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

HB 1335. By Representatives Day of the 163rd, Crawford of the 127th, Amerson of the 9th, Horne of the 71st, Hanner of the 148th and others:

A BILL to be entitled an Act to amend Code Section 35-3-34.1 of the O.C.G.A., relating to the circumstances when an exonerated first offenders

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criminal record may be disclosed, so as to permit state or local law enforcement units to review first offender record information when hiring a law enforcement officer; to amend Code Section 42-8-63.1 of the O.C.G.A., relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Wiles of the 37th.
The Senate Judiciary Committee offered the following substitute to HB 1335:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to the circumstances when an exonerated first offenders criminal record may be disclosed, so as to authorize state or local law enforcement units and the Georgia Peace Officer Standards and Training Council to review first offender record information when hiring a law enforcement officer for a certified position or otherwise review the criminal history of applicants, candidates, or peace officers; to amend Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer for a certified position or when considering an applicant, candidate, or peace officers certification status; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; 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 35-3-34.1 of the Official Code of Georgia Annotated, relating to the circumstances when an exonerated first offenders criminal record may be disclosed, is amended by designating the existing provisions as subsection (a) and inserting a new subsection (b) to read as follows:
(b) First offender records including records of arrests, charges, or sentences may be released to any law enforcement unit and the Georgia Peace Officer Standards and Training Council where the request for information is an inquiry about a person who

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has applied for employment in a certified position or a person who is an applicant, candidate, or peace officer as defined in Code Section 35-8-2.

SECTION 2. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to first offender probation discharges that disqualify individuals from employment, is amended by designating the existing provisions as subsection (a) and inserting a new subsection (b) to read as follows:
(b) Any discharge under this article may be used to disqualify a person from acquiring
or maintaining a peace officer certification as provided for in Chapter 8 of Article 35 and also may disqualify a person from employment in a certified position with a law enforcement unit where the discharge under this article pertained to a felony offense or a crime involving moral turpitude.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant

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 Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber

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Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1335, having received the requisite constitutional majority, was passed by substitute.

HB 1424. By Representatives Smith of the 168th, Williams of the 165th, Hatfield of the 177th, Sims of the 169th, Roberts of the 154th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to change certain provisions relating to hunting with dogs generally; to change certain provisions relating to killing of dogs running deer; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Goggans of the 7th.

The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1424:

A BILL TO BE ENTITLED AN ACT

To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relating to hunting, so as to change certain provisions relating to hunting of deer with dogs, seasons, and permits required; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relating to hunting, is amended by striking in its entirety Code Section 27-3-17, relating to the hunting of deer with dogs, seasons, and permits required, and inserting in lieu thereof the following:
27-3-17.
(a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the board on a state-wide, regional, or local basis.

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3539

(b) In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles. (c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 contiguous acres or to the property owner or owners for any tract of real property that is less than 250 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the drivers side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. (f) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued. (g) Any person 16 years of age or older, including without limitation any person hunting on his or her own property, who hunts deer with dogs must obtain and possess a deer-dog hunting license in addition to all other required hunting licenses and permits. The license fee for such deer-dog license shall be $5.00 for a one-year period, except that there shall be no charge for any holder of a valid honorary hunting license, sportsmans license, or lifetime sportsmans license issued pursuant to this title. (h) In addition to the provisions of subsection (f) of this Code section, the commissioner may revoke a deer-dog license for any hunter who, within a single hunting season, commits two or more violations of dogs off of permitted property.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 2.

HB 1424, having received the requisite constitutional majority, was passed by substitute.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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3541

SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd:

A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 597.

By Senators Pearson of the 51st, Balfour of the 9th, Cagle of the 49th, Powell of the 23rd, Schaefer of the 50th and others:

A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Mr. President:
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 1390. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The Speaker has appointed on the part of the House, Representatives Coan of the 101st, Ehrhart of the 36th, Smith of the 168th.
Senator Johnson of the 1st asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.
Senator Chance of the 16th asked unanimous consent that Senator Wiles of the 37th be excused. The consent was granted, and Senator Wiles was excused.
The Calendar was resumed.

HB 1403. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change certain provisions regarding procedures for certifying additional qualified municipalities; 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 Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Wiles E Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

HB 1403, having received the requisite constitutional majority, was passed.

HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 46th.

The Senate Transportation Committee offered the following substitute to HB 1412:

A BILL TO BE ENTITLED AN ACT

To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to require the use of biodiesel fuels in certain vehicles operated by local school districts; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the use of biodiesel fuels in certain vehicles operated by local governments; to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, so as to require the use of biodiesel fuels in certain vehicles operated by state government; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. The General Assembly finds and declares as follows:
(1) Georgia currently consumes nearly 6.5 billion gallons of gasoline and diesel fuel annually; (2) Gasoline and diesel production depends primarily on imported petroleum; (3) Using clean alternative fuels instead of fossil fuels can provide for a cleaner environment by reducing air and water contamination; (4) Specifically, use of clean renewable fuels such as biodiesel and ethanol can provide additional benefits for this state; (5) This state has the potential to create a biofuels industry that would serve as a model for the southern United States and attract additional industries; (6) Biofuels industry could add over $1 billion of economic activity to this state and increase the states income tax collection by over $10 million annually; (7) Nearly 500 direct and over 1,000 indirect jobs could be created by biofuels industry in this state; and (8) Creating a biofuels industry can add additional value to Georgias agricultural and forestry commodities, including biomass, and support land values in rural areas of this state.
SECTION 2. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by inserting a new Code section to read as follows:
20-2-504.1. (a) As used in this Code section, the term:
(1) 'Biodiesel blend' means a blend of petroleum diesel fuel and biodiesel fuel. (2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751. (b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each local school district for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that biodiesel blend is available and compatible with the technology of the vehicles or equipment used and the cost to the local school district of available biodiesel blend at time of purchase does not exceed the cost to the local school district of unblended petroleum diesel fuel at such time. This subsection shall apply to local school districts that receive state funds.
SECTION 3. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding a new Code section to read as follows:
36-60-24. (a) As used in this Code section, the term:
(1) 'Biodiesel blend' means a blend of petroleum diesel fuel and biodiesel fuel.

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(2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751. (b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each county, municipality, or consolidated government or authority thereof for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that biodiesel blend is available and compatible with the technology of the vehicles or equipment used and the cost to the local government of available biodiesel blend at time of purchase does not exceed the cost to the local government of unblended petroleum diesel fuel at such time.

SECTION 4. Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, is amended by inserting a new Code section to read as follows:
50-19-6.1.
(a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blend of petroleum diesel fuel and biodiesel fuel. (2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751.
(b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each department, commission, board, bureau, authority, or agency of the state for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that biodiesel blend is available and compatible with the technology of the vehicles or equipment used and the cost to the state government entity of available biodiesel blend at time of purchase does not exceed the cost to the state government entity of unblended petroleum diesel fuel at such time.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

Y Hill,Jack Hill,Judson Hooks
Y Hudgens Y Johnson

Y Smith E Starr Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison
Harp Y Heath Y Henson

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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber Y Whitehead Y Wiles E Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 1.

HB 1412, having received the requisite constitutional majority, was passed by substitute.

HB 1444. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Forster of the 3rd and Lunsford of the 110th:
A BILL to be entitled an Act to amend an Act approved May 2, 2005 (Ga. L. 2005, p. 563), so as to revise the applicability of certain sections of such Act to apply to insolvencies occurring on and after the effective date of the Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Heath of the 31st.

Senators Thompson of the 33rd and Adelman of the 42nd offered the following amendment:
Amend HB 1444 by inserting after "Act;" on line 3 on page 1 "to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to require the publication of certain information by insurance companies;"
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and inserting after line 12 on page 1 the following:

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SECTION 2. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by adding a new Code Section 33-3-21.4 to read as follows:
33-3-21.4. All insurance companies regulated by the Commissioner shall publish once per calendar year in the legal organ of the county of their Georgia headquarters a statement of financial condition as well as the numbers of rate increase requests filed during that same year.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans N Golden N Grant N Hamrick N Harbison N Harp N Heath Y Henson

Hill,Jack N Hill,Judson N Hooks N Hudgens
Johnson Y Jones N Kemp Y Me V Bremen Y Miles E Moody N Mullis N Pearson Y Powell Y Reed
Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson N Unterman
Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 30, and the Thompson of the 33rd, Adelman amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N 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 Y Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers
Schaefer Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 2.

HB 1444, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Nancy Schaefer District 50 323-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Retirement Banking and Financial Institutions Economic Development Ethics Special Judiciary

3/27/06

The State Senate Atlanta, Georgia 30334

Due to being in the hall with visitors, I missed the vote on HB 1444. I was present and would have voted for the bill.

Thank you,

/s/ Nancy Schaefer

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Senator Kemp of the 46th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

HB 1484. By Representative Tumlin of the 38th:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to clarify the circumstances under which an insurable interest exists with respect to personal insurance; to codify the common law with respect to certain insurable interests; to change certain provisions concerning prerequisites for replacement life insurance exceeding insurance being surrendered; to change special employee group provisions of group life insurance; to alter required policy provisions for group life insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harp of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman E Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1484, having received the requisite constitutional majority, was passed.

HB 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th:

A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-970 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hudgens of the 47th.

The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1490:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the Official Code of Georgia Annotated, relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to change certain provisions

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relating to definitions; to change certain provisions relating to exemptions from vessel numbering requirements; to provide for certain requirements and prohibitions relative to hull identification numbers; to provide for seizure of certain vessels for which hull identification numbers are lacking or have been altered; to provide for forfeiture proceedings; to provide penalties for violations; to provide exemptions from hull identification numbering requirements; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, is amended by striking subsections (e) through (h) and inserting in lieu thereof the following:
(e) It shall be unlawful for any person to have or use a privately owned boat on any of the following state park lakes:
(1) A. H. Stephens Federal Lake and Lake Liberty; or (2) Black Rock Mountain Lake; (3) Vogel-Lake Trahlyta; (4) Franklin D. Roosevelt-Lake Delano; (5)(2) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from May 1 through Labor Day of each year; (6) Unicoi Lake; and (7) Willaway Inlet of Fort Yargo Lake (25 acres). (f) It shall be unlawful to use a boat, other than one on official business, with any type of motor on the following state park lakes: (1) Unicoi Lake; (2) Willaway Inlet of Fort Yargo Lake (25 acres); and (3) Fort Mountain Lake Reserved. (g) It shall be unlawful for any person to have or use a boat, other than one on official business, with other than an paddles or a portable bow or stern mounted electric trolling motor on any of the following state park lakes: (1) Black Rock Mountain Lake; (2) James H. 'Sloppy' Floyd Lake; (3) A. H. Stephens-Lake Buncombe; (4) Franklin D. Roosevelt-Lake Franklin or Lake Delano; (5) John D. Tanner Lake (the 12 acre lake); (5.1) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from the day after Labor Day each year through April 30 of the following year; (6) Sweetwater Creek Lake; and (7) Hard Labor Creek Lake (the 37 acre lake).;

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(8) Fort Mountain Lake; (9) Vogel Lake; or (10) Unicoi Lake. (h) It shall be unlawful for any person to use a boat, other than one on official business, with a motor which is neither an electric trolling motor nor ten horsepower or less on the following state park lakes: (1) Fort Yargo Lake; (2) Hamburg Lake; (3) Hard Labor Creek Lake (the 275 acre lake); (4) High Falls Lake; (5) Indian Springs Lake; (6) Kolomoki Mounds Lake; (7) Stephen C. Foster Lake; (8) Laura S. Walker Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); (9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset).
SECTION 2. Code Section 16-9-70 of the Official Code of Georgia Annotated, relating to criminal use of an article with an altered identification mark, is amended by striking subsection (a) and inserting in lieu thereof the following:
(a) A person commits the offense of criminal use of an article with an altered identification mark when he or she buys, sells, receives, disposes of, conceals, or has in his or her possession a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watch case, or any other mechanical or electrical device, appliance, contrivance, material, vessel as defined in Code Section 52-7-3, or other piece of apparatus or equipment, other than a motor vehicle as defined in Code Section 40-1-1, from which he or she knows the manufacturers name plate, serial number, or any other distinguishing number or identification mark has been removed for the purpose of concealing or destroying the identity of such article.

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SECTION 3. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by striking Code Section 52-7-3, relating to definitions, and inserting in lieu thereof the following:
52-7-3.
As used in this article, the term: (1) 'Blind point' means that portion of any of the waters of this state in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident. (2) 'Board' means the Board of Natural Resources. (3) 'Boat livery' means a business which holds any vessel for renting, leasing, or chartering. (4) 'Commissioner' means the commissioner of natural resources. (5) 'Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (6) 'Department' means the Department of Natural Resources. (7) 'Discharged' means, and shall include, spilled, leaked, pumped, poured, emitted, or dumped. (7.1) 'Hazardous area' means any area which the commissioner has designated as such because of conditions which create a threat to the safety and welfare of boaters who may operate in such area. (8) 'Holding tank' means any container which is designed to receive and hold sewage and other wastes discharged from a marine toilet and which is constructed and installed in such a manner that it can only be emptied by pumping out the contents of such holding tank. (8.1) 'Homemade vessel' means any vessel that is built by an individual for personal use from raw materials that does not require the assignment of a federal hull identification number by a manufacturer pursuant to federal law. A person furnishing raw materials under a contract may be considered the builder of a homemade vessel. Antique boats, boats reconstructed from existing boat hulls, and rebuilt or reconstructed vessels are not considered homemade vessels. (8.2) 'Hull identification number' or 'HIN' means a number assigned to vessels by the manufacturer of the vessel or by the issuing authority of a state as required by the United States Coast Guard in accordance with federal law. (9) 'Idle speed' means a slow speed maintained by the operator of a mechanically propelled vessel reached by engaging the engine of the vessel into said speed by reducing the throttle to a minimum. (9.1) 'Issuing authority' means, as to this state, the Department of Natural Resources; and, as to other states, the state if it has a numbering system approved by the United States Coast Guard or the United States Coast Guard if the state that does not have an approved numbering system. (10) 'Marine toilet' includes any equipment for installation on board a vessel which is

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designed to receive, retain, treat, or discharge sewage and any process to treat such sewage. A marine toilet must be equipped with a holding tank which can be emptied only by pumping out. (11) 'Mechanically propelled vessel' means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel. (12) 'Nonmotorized vessel' means any vessel other than a sailboat which has no motor attached in a manner to make it readily available for operation. (13) 'No wake' means that the wake or wash created by the movement of the vessel through the water is minimal. (14) 'Operate' means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery. (15) 'Operator' means the person who operates or has charge of the navigation or use of a vessel. (16) 'Owner' means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation but the term excludes a lessee under a lease not intended as security. (17) 'Person' means an individual, partnership, firm, corporation, association, or other legal entity. (18) 'Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III, Type IV, or Type V (Hybrid) by the United States Coast Guard. (19) 'Portable marine toilet' means any device which is movable or portable and is not permanently installed on a vessel and which is designed to receive and temporarily retain sewage. (20) 'Power boat' means any boat, vessel, or water-going craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an integral part of the structure thereof. (21) 'Protected fresh waters' means the waters of Lake Allatoona, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, and West Point Lake. (22) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $2,000.00. (22.1) 'Sailboard' means any sailboat whose unsupported mast is connected by a swivel or a flexible universal joint to a hull similar to the hull of a surfboard. (23) 'Sewage' means human body wastes and the waste from toilets and other receptacles intended to receive or retain body wastes. (24) 'Undocumented vessel' means a vessel which is not required to have and does

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not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto. (25) 'Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sailboards. (26) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public.
SECTION 4. Said article is further amended by striking Code Section 52-7-6, relating to exemptions from vessel numbering requirements, and inserting in lieu thereof the following:
52-7-6. A vessel shall not be required to be numbered under this article Code Sections 52-7-4 and 52-7-5 if it is:
(1) Not motor propelled; provided, however, that sailboats 12 feet or more in length shall require registration; (2) Covered by a certificate of number in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days; (3) From a country other than the United States, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days; (4) A vessel whose owner is the United States, a state, or a subdivision thereof, which vessel is used exclusively in the nonrecreation public service and which is clearly identifiable as such; (5) A vessels lifeboat if the boat is used solely for lifesaving purposes; this exemption does not include dinghies, tenders, speedboats, or other types of craft carried aboard vessels and used for other than lifesaving purposes; (6) A vessel that is used exclusively for racing; (7) A vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that:
(A) The numbering of vessels of such class will not materially aid in their identification; (B) An agency of the federal government has a numbering system applicable to the class of vessel to which the vessel in question belongs; and (C) The vessel would also be exempt from numbering if it were subject to the federal law; (8) Operating temporarily by virtue of evidence that a recent application for a certificate of number has been submitted; or

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(9) Used exclusively on privately owned ponds or lakes, except for those licensed by the Federal Energy Regulatory Commission.
SECTION 5. Said article is further amended by adding new Code sections to read as follows:
52-7-7.1. (a) No person shall operate on the waters of this state a vessel manufactured after November 1, 1972, unless the vessel displays an assigned hull identification number as required by the United States Coast Guard or by the issuing authority, except any of those vessels exempted by Code Section 52-7-7.6. The hull identification number shall be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or the starboard side within two feet of the transom above the waterline in accordance with federal law or as directed by the issuing authority. (b) No person shall operate on the waters of this state a vessel that was manufactured before November 1, 1972, for which an issuing authority has issued a hull identification number unless the hull identification number is clearly displayed on the hull of the vessel as described in subsection (a) of this Code section. (c) No person shall destroy, remove, alter, cover, or deface the hull identification number, or any plate or decal bearing such number, of any vessel, except to make necessary repairs that require the removal of the HIN. Immediately upon completion of any repairs requiring the destruction, removal, alteration, covering, or defacing of a vessels HIN, the person shall reaffix the hull identification number to the vessel in accordance with federal law or shall apply for a replacement hull identification number from the department. (d) No person shall assign the same hull identification number to more than one vessel. (e) Any person who willfully violates subsection (c) or (d) of this Code section with intent to misrepresent the identity of a vessel so as to convert or defraud shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both such fine and imprisonment.
52-7-7.2. Each vessel manufactured or built after the effective date of this Code section for sale in this state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with federal law and this article. The hull identification number shall not be altered or replaced by the manufacturer or manufacturers representative for the purpose of upgrading the model year of a vessel after being offered for sale or delivered to any dealer.
52-7-7.3. (a) If the hull identification number on a vessel required by Code Section 52-7-7.1 or 52-7-7.2 to have a hull identification number does not exist or has been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be

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determined, the vessel, and any items used while towing said vessel, may be seized as contraband property by a law enforcement agency or the department and shall be subject to forfeiture. Such vessel shall not be sold or operated on the waters of the state unless the department:
(1) Receives a request from a law enforcement agency providing adequate documentation for a replacement hull identification number; or (2) Is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number. Thereafter, the replacement HIN shall be used for identification purposes. No vessel shall be forfeited if the owner was unaware the vessels HIN had been altered, removed, destroyed, covered, or defaced. (b) The failure to have the hull identification number clearly displayed in compliance with this article shall be probable cause for any law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof.
52-7-7.4. (a) Property subject to forfeiture under Code Section 52-7-7.3 and in the possession of any state or local law enforcement agency shall not be subject to replevin but shall be deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. (b) The law enforcement agency having possession of any property subject to forfeiture under Code Section 52-7-7.3 shall report such fact within ten days of taking possession to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, state the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right

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affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the vessel appears and defends the action and can show that he or she was unaware of the fact that the hull identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owners paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the vessel being assigned a new hull identification number as provided in this article. (c) Except as otherwise provided in this article, when property is forfeited under this article, the court may:
(1) Order that the vessel be retained by the law enforcement agency or the county in which the vessel is located; or (2) Order that the vessel be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county. (d) Prior to the vessel being sold or returned to the owner or otherwise disposed of, the department shall assign it a new hull identification number in accordance with federal law.
52-7-7.5. (a) It shall be unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, aid in the sale or exchange, supply in blank, authorize, direct, or give away any counterfeit HIN, any counterfeit manufacturers vessel HIN plate or decal, or any manufacturers vessel HIN plate decal which is assigned to a vessel to be used for the purpose of identification of a vessel other than the one to which it is assigned; or to conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved hull identification number plate or decal issued as a replacement by the manufacturer or an issuing authority. (b) It shall be unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession any vessel, outboard motor, or part thereof on which the HIN or any manufacturers identification label of any kind has been altered, removed, destroyed, covered, or defaced or to knowingly maintain such vessel, outboard motor, or part thereof in any manner which conceals or misrepresents the true identity of the vessel, the outboard motor, or any part thereof. (c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of

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a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both such fine and imprisonment.
52-7-7.6. A vessel shall not be required to have a hull identification number under Code Section 52-7-7.1 or 52-7-7.2 if it is:
(1) An innertube; or (2) A vessel used exclusively for racing.
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 Schaefer of the 50th offered the following amendment:
Amend HB 1490 by adding a new section 6
SECTION 6. Said chapter is further amended in Code Section 52-7-13, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, by redesignating subsection (h) as subsection (i) and by adding a new subsection (h) to read as follows:
"(h) The operation of any of the following vessels on Lake Burton, Seed Lake, Lake Rabun, Lake Tugalo, Tallulah Falls Lake, and Lake Yonah shall be prohibited:
(1) Any motorized vessel greater than 30 feet six inches in length; except for law enforcement, scientific research or dam operation and maintenance craft; or
(2) Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code
Section 52-7-10." and renumbering current Section 6 and Section 7 accordingly.
On the adoption of the amendment, the yeas were 40, nays 0, and the Schaefer of the 50th amendment was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1490, having received the requisite constitutional majority, was passed by substitute.

Senator Reed of the 35th asked unanimous consent to drop HB 1501 to the foot of today's Senate Rules Calendar.

The consent was granted, and HB 1501 was placed at the foot of the Rules Calendar.

The following bill was taken up to consider the Conference Committee Report thereto:

HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The Conference Committee Report #1 was as follows:

The Committee of Conference on HB 1257 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1257 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hudgens of the 47th /s/ Senator Shafer of the 48th /s/ Senator Cagle of the 49th

/s/ Representative Knox of the 24th /s/ Representative Golick of the 34th /s/ Representative Watson of the 91st

COMMITTEE OF CONFERENCE SUBSTITUTE #1 TO HB 1257

A BILL TO BE ENTITLED AN ACT

To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to revise certain definitions; to change certain provisions relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for an exemption for certain high deductible health plans sold or maintained in connection with a health savings account with respect to state insurance premium taxes; to change certain provisions relating to emergency services requirements; to change certain provisions relating to payments to nonparticipating and nonpreferred providers of health care services; to change certain provisions relating to health benefit plans providing incentives to use services of preferred providers; to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselors license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the taxable net income of any taxpayer of this state shall not include premiums paid for high deductible health plans established and used with a health savings account; to provide for conditions and limitations; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking paragraphs (2) and (3) of Code Section 31-1181, relating to definitions, in their entirety and inserting in lieu thereof the following:
(2) 'Emergency medical provider' means any provider of emergency medical transportation licensed or permitted by the Georgia Department of Human Resources, any hospital licensed or permitted by the Georgia Department of Human Resources, any hospital based service, or any physician licensed by the Composite State Board of Medical Examiners who provides emergency services. (3) 'Emergency services' means emergency medical transportation or health care services provided in a hospital emergency facility to evaluate and treat any emergency condition.
SECTION 2. Said chapter is further amended in Code Section 31-11-82, relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization, by striking subsection (b) in its entirety and inserting a new subsection (b) to read as follows:
(b) If in the opinion of the attending physician or licensed ambulance service personnel acting under the medical direction of an ambulance service medical director as defined in Code Section 31-11-60.1 the evaluation provided under subsection (a) of this Code section warrants, he or she may initiate appropriate intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by an insurer, a health maintenance organization, or a private health benefit plan. No insurer, health maintenance organization, or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition.
SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting a new subsection (c) in Code Section 33-8-4, relating to amount and method of computing tax on insurance premiums generally, to read as follows:
(c) Insurers may claim an exemption from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section in an amount equal to 2.25 percent of the premiums such insurers collect during the applicable tax year from Georgia residents on premiums paid for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code.
SECTION 4. Said title is further amended by striking subparagraph (A) of paragraph (1) of Code Section 33-20A-9, relating to emergency services requirements, in its entirety and

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inserting in lieu thereof the following: (1)(A) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patients emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. No managed care entity or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition. For purposes of this Code section, the term 'emergency health care provider' includes without limitation an emergency services provider and a licensed ambulance service providing 911 emergency medical transportation.
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 33-24-54, relating to payments to nonparticipating or nonpreferred providers of health care services, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, and 33-24-17 and Chapter 20 of this title or any other provisions of this title which might be construed to the contrary, whenever an accident and sickness insurance policy, subscriber contract, or self-insured health benefit plan, by whatever name called, which is issued or administered by a person licensed under this title provides that any of its benefits are payable to a participating or preferred provider of health care services licensed under the provisions of Chapter 4 of Title 26 or of Chapter 9, 11, 30, 34, 35, or 39 of Title 43 or of Chapter 11 of Title 31 for services rendered, the person licensed under this title shall be required to pay such benefits either directly to any similarly licensed nonparticipating or nonpreferred provider who has rendered such services, has a written assignment of benefits, and has caused written notice of such assignment to be given to the person licensed under this title or jointly to such nonparticipating or nonpreferred provider and to the insured, subscriber, or other covered person; provided, however, that in either case the person licensed under this title shall be required to send such benefit payments directly to the provider who has the written assignment. When payment is made directly to a provider of health care services as authorized by this Code section, the person licensed under this title shall give written notice of such payment to the insured, subscriber, or other covered person.
SECTION 6. Said title is further amended by adding to the end of Code Section 33-30-24, relating to health benefit plans providing certain incentives, the following:
For purposes of this Code section, when a request for emergency care is made through the emergency 9-1-1 system on behalf of a covered person and the ambulance service licensed under Chapter 11 of Title 31 that was dispatched in response to the request is

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not a preferred provider, for purposes of payment under paragraph (1) of this Code section, it shall be presumed that the covered person could not reasonably reach a preferred provider.
SECTION 7. Said title is further amended by striking subparagraph (AA) of paragraph (6) of Code Section 33-8-1, relating to fees and charges generally, and inserting in lieu thereof a new subparagraph (AA) to read as follows:
(AA) Amendment of filings......................................................................25.00
Provided, however, that the Commissioner, in his or her discretion, may exempt from such fee change of address filings done off line by agents, subagents, counselors, and adjusters.
(AA.1) Change of address filings done on line by agents, subagents, counselors, and adjusters............................................................................No charge
SECTION 8. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license, and inserting in lieu thereof a new paragraph (6) to read as follows:
(6) If applying for a license as counselor, the applicant must show that he or she either has had five years experience acting as either as an agent, subagent, or adjuster or in some other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion of the Commissioner, has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner unless the applicant is exempted by the Commissioner, based on the applicants experience and qualifications and pursuant to a regulation adopted by the Commissioner; .
SECTION 9. Said title is further amended by striking Code Section 33-23-25, relating to place of business, and inserting a new Code Section 33-23-25 to read as follows:
33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall appear on all licenses of the resident licensee be maintained by the Commissioner. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address.

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SECTION 10. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by inserting a new paragraph (13.1) in subsection (a) of Code Section 48-727, relating to computation of taxable net income, to read as follows:
(13.1) An amount equal to 100 percent of the premium paid by the taxpayer during the taxable year for high deductible health plans established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been included in itemized nonbusiness deductions.

SECTION 11. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2006. (b) Sections 3 and 10 of this Act shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on and after January 1, 2007.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Senator Shafer of the 48th moved that the Senate adopt the Conference Committee Report #1 on HB 1257.

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
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
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Williams
Y Zamarripa

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report #1on HB 1257.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 115.

By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:

A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has passed by the requisite constitutional majority the following Bill of the Senate:

SB 481.

By Senators Stephens of the 27th, Douglas of the 17th, Whitehead, Sr. of the 24th, Schaefer of the 50th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement of the chapter concerning the registration and licensing of motor vehicles, so as to permit military personnel whose vehicles are registered in Georgia and have Georgia license plates who are stationed in other states as part of their military assignments and duties to meet their obligations concerning minimum motor vehicle liability insurance through the purchase of certain insurance in such other states; to provide for related matters; to repeal conflicting laws; and for other purposes.

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3567

The House recedes from its position in amending the following Bill of the Senate:

SB 209.

By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes.

The House has disagreed to the Senate amendment to the following Bill of the House:

HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others:

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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for 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 111. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate amendment to the following Resolution of the House:

HR 1306. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others:

A RESOLUTION proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of affirmative harm; to provide

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that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes.

The Calendar was resumed.

HB 1506. By Representatives Houston of the 170th, Burkhalter of the 50th, Ehrhart of the 36th, Royal of the 171st, Harbin of the 118th and others:

A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to prohibit certain sales at any business location where the state revenue commissioner has revoked such business locations certificate of registration; to provide for criminal penalties; 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 Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Seay
Y Shafer,D

Y Williams Zamarripa

On the passage of the bill, the yeas were 48, nays 1.

HB 1506, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd:

A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2006"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for construction; to provide for the adjustment of grades received in advanced placement and honors courses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Grade Integrity Act of 2006."

SECTION 2. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by inserting at the end thereof a new Part 12 to read as follows:

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Part 12
20-2-989.20. (a) No classroom teacher shall be required, coerced, intimidated, or disciplined in any manner by the local board of education, superintendent, or any local school administrator to change the grade of a student. A violation of this Code section shall constitute an ethics violation reportable to the Professional Standards Commission pursuant to Part 10 of this article. (b) Nothing in this Code section shall be construed to prevent a principal or other local school administrator from discussing the grade of a student with a classroom teacher. (c) Nothing in this Code section shall be construed to prevent a central office administrator, superintendent, or local school administrator from changing a students grade. Any grade change made by a person other than the classroom teacher must be clearly indicated in the students school records and must indicate the person responsible for making such grade change.
SECTION 2A. Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to uniform reporting system for high school grades for certain purposes, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
(b) Beginning May 1, 2007 2008, each school system and private school shall adopt the reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(1) Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007 2008, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships

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referenced in this Code section as follows: (A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0.
Grades for coursework that is classified as advanced placement, honors, or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; (4) Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007 2008, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such students eligibility status prior to May 1, 2007 2008; and (5) Beginning May 1, 2007 2008, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Rogers of the 21st moved that the Senate disagree to the House substitute to SB 288.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 288.

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Senator Meyer von Bremen of the 12th moved that the Senate reconsider its action in disagreeing to the House substitute to SB 288.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown N Bulloch Y Butler N Cagle Y Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden Y Grant
Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens
Johnson (PRS) Y Jones N Kemp Y Me V Bremen Y Miles N Moody Y Mullis Y Pearson Y Powell Y Reed N Rogers Y Schaefer N Seabaugh Y Seay N Shafer,D

Y Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman E Weber N Whitehead N Wiles N Williams
Zamarripa

On the motion, the yeas were 28, nays 23, the motion prevailed; and the Senate reconsidered its action in disagreeing to the House substitute to SB 288.

Senator Meyer von Bremen of the 12th moved that the Senate agree to the House substitute to SB 288.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman N Balfour Y Brown Y Bulloch Y Butler N Cagle N Carter N Chance Y Chapman N Douglas

N Hill,Jack N Hill,Judson Y Hooks N Hudgens
Johnson (PRS) Y Jones N Kemp Y Me V Bremen Y Miles N Moody

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C

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Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

Y Thompson,S N Tolleson N Unterman E Weber N Whitehead N Wiles N Williams
Zamarripa

On the motion, the yeas were 22, nays 30; the motion lost, and the Senate did not agree to the House substitute to SB 288.

Senator Meyer von Bremen of the 12th moved that the Senate reconsider its action in defeating the motion to agree to the House substitute to SB 288.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch
Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens
Johnson (PRS) Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 22, nays 31, the motion lost; and the Senate did not reconsider its action in failing to agree to the House substitute to SB 288.

Senator Rogers of the 21st moved that the Senate disagree to the House substitute to SB 288.

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On the motion, a roll call was taken and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 38, nays 15; the motion prevailed, and the Senate disagreed to the House substitute to SB 288.

The following bill was taken up to consider House action thereto:

HB 1390. By Representative Ehrhart of the 36th:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Williams of the 19th asked unanimous consent that the Senate adhere to its amendment to HB 1390 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Pearson of the 51st and Chance of the 16th.

The Calendar was resumed.

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HB 1170. By Representatives Parsons of the 42nd, Williams of the 4th, Hembree of the 67th, Heard of the 104th, Smith of the 70th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to examination fees for application for certificate of registration; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Grant of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 1170, having received the requisite constitutional majority, was passed.

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HB 1193. By Representatives Knight of the 126th, Rice of the 51st, Coleman of the 97th, Ralston of the 7th and Talton of the 145th:

A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances, so as to prohibit owning or operating vehicles containing false or secret compartments; to prohibit installing false or secret compartments in a vehicle; to subject such vehicles to forfeiture; to provide a penalty for violations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Carter of the 13th.

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

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 1193, having received the requisite constitutional majority, was passed.

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HB 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Hooks of the 14th.
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1044:
A BILL TO BE ENTITLED AN ACT
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by striking paragraph (12) of subsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 1611-126 through 16-11-128, and inserting in its place a new paragraph (12) to read as follows:
(12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;
SECTION 2. This Act shall become effective on July 1, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman 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 Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1044, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Steen Miles District 43 325-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Banking and Financial Institutions Public Safety and Homeland Security Special Judiciary State Institutions and Property

The State Senate Atlanta, Georgia 30334

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3/27/06

Please record a yes vote for HB 1044 for Senator Miles of the 43rd. I was discussing a procedural matter at the time of the vote.

/s/ Steen Miles

HB 1304. By Representatives Knox of the 24th, Brown of the 69th and Meadows of the 5th:

A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; 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.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber

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Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1304, having received the requisite constitutional majority, was passed by substitute.

HB 1248. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th:

A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Mullis of the 53rd.

The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1248:
A BILL TO BE ENTITLED AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-1-2, relating to definitions regarding alcoholic beverages, and inserting in its place a new Code Section 3-1-2 to read as follows:
3-1-2. As used in this title, the term:
(1) 'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. (3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this article, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (4) 'Broker' means any person who purchases or obtains an alcoholic beverage from an importer, distillery, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage. (5) 'Commissioner' means the state revenue commissioner. (6) 'County or municipality' means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities. (7) 'Department' means the Department of Revenue. (8) 'Distilled spirits' means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines. (9) 'Fortified wine' means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. (10) 'Gallon' or 'wine gallon' means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement. (10.1) 'Hard cider' means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than 6 percent alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this title, hard cider shall be deemed a malt beverage. The term does not include 'sweet cider.' (11) 'Importer' means any person who imports an alcoholic beverage into this state

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from a foreign country and sells the alcoholic beverage to another importer, broker, or wholesaler and who maintains a stock of the alcoholic beverage. (12) 'Individual' means a natural person. (13) 'Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. (14) 'Manufacturer' means any maker, producer, or bottler of an alcoholic beverage. The term also means:
(A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; (B) In the case of malt beverages, any brewer; and (C) In the case of wine, any vintner. (15) 'Military reservation' means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States. (16) 'Package' means a bottle, can, keg, barrel, or other original consumer container. (17) 'Person' means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. (18) 'Retail consumption dealer' means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale. (19) 'Retailer' or 'retail dealer' means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, the term means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale. (20) 'Shipper' means any person who ships an alcoholic beverage from outside this state. (21) 'Standard case' means six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters. (22) 'Tax stamp' means the official mark, stamp, or indicium of the department used to indicate the payment of taxes imposed by this title. (23)(22) 'Taxpayer' means any person made liable by law to file a return or to pay tax. (24)(23) 'Wholesaler' or 'wholesale dealer' means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers. (25)(24) 'Wine' means any alcoholic beverage containing not more than 21 percent

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alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section.
SECTION 2. Said title is further amended by striking Code Section 3-1-3, relating to use of existing forms and filings relating to licenses or taxes, and inserting in its place a new Code Section 3-1-3 to read as follows:
3-1-3. Every form of license or tax document (including tax stamps) or other license or tax related filing lawfully in use immediately prior to July 1, 1981, may continue to be so used or be effective until the commissioner, in accordance with this title, otherwise prescribes.
SECTION 3. Said title is further amended by striking Code Section 3-2-13, relating to issuance of refunds or credits for taxes paid or stamps purchased, and inserting in its place a new Code Section 3-2-13 relating to issuance of refunds or credits for taxes paid to read as follows:
3-2-13. (a) The commissioner may issue credits for taxes paid by or due from a wholesaler or, in the case of taxes on distilled spirits, may issue credits for stamps purchased by a manufacturer, distiller, or wholesaler when it is shown to the commissioners satisfaction that any of the following events have has occurred:
(1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state; (2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesalers warehouse or storage area; (3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state; (4) Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity; (5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the requirements

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of Code Section 3-6-26.1; or (6) Taxes were paid or stamps were purchased under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under protest and the ground of the protest was the same as the basis for the ruling of unconstitutionality by the court of last resort. (b) No person shall receive a credit for taxes paid or stamps purchased in any case where an amount equal to the amount of taxes paid or to the cost of the stamps purchased has been charged to or paid by any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid or stamps purchased, in every case where an amount equal to the amount of taxes paid or cost of the stamps purchased has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner. (c) In the event that the commissioner issues a credit under this Code section to a person who has or will have insufficient tax liabilities to the State of Georgia against which to offset the credit, the commissioner shall issue a refund to such person for the unusable portion of the credit.
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 3-2-14, relating to limitations on credit, and inserting in its place a new subsection (a) to read as follows:
(a) No credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment is received by the commissioner. If, in the opinion of the commissioner, an application for credit of taxes paid pursuant to this title contains a false statement, the application shall be denied. When an applicant is indebted to the state or an applicant is in violation of this title, the commissioner shall decline to approve the credit until the applicant has complied with the laws of this state. In no event shall interest be allowed on any refund or credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages. Nothing contained in this Code section shall be construed so as to allow for a credit or refund of any license fee lawfully due or paid under this title.
SECTION 5. Said title is further amended by striking subsection (b) of Code Section 3-2-33, relating to seizure and disposition of contraband alcoholic beverages, and inserting in its place a new subsection (b) to read as follows:
(b) Any peace officer or authorized agent of the commissioner shall declare as contraband any alcoholic beverage: (1) Not bearing the required tax stamps or markings as provided by this title or not reported for collection of taxes under a reporting system established by the commissioner;

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(2) Found in any county, municipality, or unincorporated area of any county where the sale of alcoholic beverages is not lawful when the alcoholic beverage is intended for use or sale contrary to law; or (3) Sold, conveyed, or possessed, concealed, stored, or held for sale by any person who has not first obtained all licenses required by this title.
SECTION 6. Said title is further amended by striking subsection (c) of Code Section 3-3-2, relating to local government licensing powers, and inserting in its place a new subsection (c) to read as follows:
(c) As a prerequisite to the issuance of any such initial permit or license only, the applicant shall furnish a complete set of fingerprints to be forwarded to the Georgia Bureau of Investigation, which shall search the files of the Georgia Crime Information Center for any instance of criminal activity during the two years immediately preceding the date of the application. The Georgia Bureau of Investigation shall also submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the governing authority submitting the fingerprints.
SECTION 7. Said title is further amended by striking Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, and inserting in its place a new Code Section 3-3-23.1 to read as follows:
3-3-23.1. (a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age.
(b)(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than six months imprisonment or a fine of not more than $300.00, or both and except that any person convicted of violating paragraph (4) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high and aggravated nature. (2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor.

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(3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the drivers license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 33-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year. (c) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person. (d) Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation, summons, or accusation a person accused of violating only paragraph (2) of subsection (a) any provision of Code Section 3-3-23. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation, summons, or accusation and the charge of his or her failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated. (e) A law enforcement officer arresting a person by the issuance of a citation, summons, or accusation under subsection (d) of this Code section may require any such person having a drivers license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a drivers license as bail on arrest for traffic offenses

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pursuant to Code Section 17-6-11. (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 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 Driver Services within ten days after conviction or sentencing.
SECTION 8. Said title is further amended by striking Code Section 3-4-22, relating to license bonds, and inserting in its place a new Code Section 3-4-22 to read as follows:
3-4-22. (a) All applicants for all licenses shall file with the commissioner, along with each initial application, a bond:
(1) Conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to distilled spirits. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds shall be in the following calendar year amounts: (1) For distillers and manufacturers, $10,000.00; (2) For wholesale dealers and importers, $5,000.00; and (3) For retail dealers and brokers, $2,500.00. (c) All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application.
SECTION 9. Said title is further amended by striking subsection (a) of Code Section 3-4-23, relating to certificate of residence required for retail dealers license or tax stamps, and inserting in its place a new subsection (a) to read as follows:
(a) No retail dealers license or tax stamps for distilled spirits shall be sold issued to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicants residence

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certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the county or municipality where distilled spirits may be legally sold under this chapter.

SECTION 10. Said title is further amended by striking Code Section 3-6-21, relating to filing of bonds, and inserting in its place a new Code Section 3-6-21 to read as follows:
3-6-21.
(a) All applicants for all licenses other than retail licenses shall file with the commissioner, along with each initial application, a bond:
(1) Conditioned to pay all sums which may become due by the applicant to the state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to wines. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds required pursuant to subsection (a) of this Code section shall be in the following amounts: amount of $5,000.00 (1) For wineries, $5,000.00; and (2) For retail dealers, $500.00. (c) The commissioner may waive the requirement of a surety on the bonds of applicants for retail licenses if he determines that a surety is not essential to the protection of the interests of the state. All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown

Hill,Jack Hill,Judson Y Hooks

Y Smith E Starr Y Staton

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Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Johnson (PRS)
Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1248, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

SB 480.

By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize

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qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has passed by the requisite constitutional majority the following Bills of the Senate:

SB 442.

By Senators Moody of the 56th, Carter of the 13th, Meyer von Bremen of the 12th, Kemp of the 46th, Weber of the 40th and others:

A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to change certain provisions relating to reporting of child abuse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 465.

By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.

SB 466.

By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia

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Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 467.

By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 484. By Senator Bulloch of the 11th:

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 other state symbols, so as to declare the City of Colquitt as Georgias First Mural City; and for other purposes.

The Calendar was resumed.

HB 1501. By Representatives Lindsey of the 54th and Wilkinson of the 52nd:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change provisions relating to the maximum fines which may be imposed for violations of county ordinances and which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize counties and municipalities to adopt ordinances relating to alcoholic beverages specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Reed of the 35th.

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The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1501:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, so as to provide certain limits for fines imposed for violations of local alcoholic beverage ordinances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, is amended by adding new Code Section 33-2.2 to read as follows:
3-3-2.2. Notwithstanding the limitations imposed by subparagraph (a)(2)(C) of Code Section 36-35-6 or any other provision of general law, the maximum fine for violations of local alcoholic beverages licensing ordinances referenced in Code Section 3-3-2 pertaining to licenses issued to sell alcoholic beverages by the drink for consumption on the premises shall be $2,500.00. Nothing in this Code section shall prohibit the governing authority of a county or municipality from imposing a penalty that is otherwise allowed by law, unless such law is a local law in conflict with this Code section.
SECTION 2. This Act shall become effective on July 1, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Reed of the 35th offered the following amendment:
Amend the committee substitute to HB 1501 by inserting after the comma on line 12 of page 1 the following:
in the case of a county or municipality which issues more than 300 licenses for consumption of alcoholic beverages on the premises,
On the adoption of the amendment, the yeas were 42, nays 1, and the Reed amendment was adopted.

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3593

On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour 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

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 0.

HB 1501, having received the requisite constitutional majority, was passed by substitute.

The following bill was taken up to consider House action thereto:

SB 480. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:

A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted

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and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:

Senator Williams of the 19th moved that the Senate agree to the House amendment to SB 480.

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 Y Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 49, nays 3; the motion prevailed, and the Senate agreed to the House amendment to SB 480.

Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 28, 2006.

The motion prevailed, and the President announced the Senate adjourned at 7:20 p.m.

TUESDAY, MARCH 28, 2006

3595

Senate Chamber, Atlanta, Georgia Tuesday, March 28, 2006
Thirty-ninth Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Williams of the 19th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

Senator Williams of the 19th asked unanimous consent that the confirmation of the Journal be postponed until 12:00 p.m. today.

The consent was granted, and the confirmation of the Journal was postponed.

The following committee reports were read by the Secretary:

Mr. President:

The Rules Committee has had under consideration the following Executive Appointment and has instructed me to report the same back to the Senate with the following recommendation:

Governor's Executive Appointment for Confirmation

Do Pass

Mr. President:

Respectfully submitted, Senator Balfour of the 9th District, Chairman

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 1514 HB 1573 HB 1575 HB 1631 HB 1632 HB 1647

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1648 HB 1650 HB 1651 HB 1652 HB 1662

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

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Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

Senator Reed of the 35th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

The roll was called and the following Senators answered to their names:

Adelman Brown Cagle Chance Chapman Fort Goggans Golden Grant Harbison Harp Heath Henson Hill,Judson Hooks

Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay

Shafer,D Smith Starr Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Unterman Weber Whitehead Williams

Not answering were Senators:

Balfour (Conferee) Carter (Conferee) Hill, Jack Tolleson

Bulloch Douglas Thompson, C (Excused) Wiles (Conferee)

Butler Hamrick Thompson, S (Excused) Zamarripa

The members pledged allegiance to the flag.

Senator Hill of the 32nd introduced the chaplain of the day, Reverend Walter Smith of Marietta, Georgia, who offered scripture reading and prayer.

Senator Adelman of the 42nd introduced Mary Joyce Robinson, commended by SR 1244, adopted previously.

Senators Adelman of the 42nd, Jones of the 10th, Miles of the 43rd and Douglas of the 17th recognized the family of Warrant Officer Charles Gary Wells, Jr., commended by SR 1075, adopted previously.

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Senator Schaefer of the 50th introduced the doctor of the day, Dr. Guy Gober.
Senator Seabaugh of the 28th asked for unanimous consent that the call of the roll be ordered for the purpose of hearing an address by Senator Johnson of the 1st, President Pro Tempore.

The consent was granted, the roll was called and the following Senators answered to their names:

Adelman Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath

Henson Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer

Seabaugh Seay Shafer,D Smith Starr Staton Stephens Stoner Tarver Thomas,D Thomas,R Tolleson Unterman Weber Whitehead Wiles

Not answering were Senators:

Balfour (Conferee) Thompson, S (Excused)

Tate Williams

Thompson (Excused) Zamarripa

Senator Tate of the 38th was off the floor of the Senate when the roll was called and wished to be recorded as present.

President Pro Tempore Johnson of the 1st addressed the Senate briefly.

At 11:13 the President announced that the Senate would stand in recess until 1:00 p.m.

At 1:00 p.m. Senator Eric Johnson, President Pro Tempore, called the Senate to order.

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The following resolutions were read and adopted:
SR 1317. By Senator Rogers of the 21st:
A RESOLUTION recognizing and expressing appreciation to Dr. James Cross on the occasion of his 75th birthday; and for other purposes.

HR 1856. By Representatives Cummings of the 16th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Porter of the 143rd and others:
A RESOLUTION authorizing the placement in the Capitol of a portrait of former Speaker of the House Thomas B. Murphy; and for other purposes.

SR 1319. By Senator Williams of the 19th:
A RESOLUTION congratulating Mrs. Willie Mary Cole on the occasion of her 101st birthday; and for other purposes.

SR 1320. By Senator Rogers of the 21st:
A RESOLUTION commending Mr. Santiago Rodriguez, Jr.; and for other purposes.
SR 1321. By Senators Heath of the 31st, Smith of the 52nd, Mullis of the 53rd, Hudgens of the 47th, Starr of the 44th and others:
A RESOLUTION commending Honorable Bill Cummings; and for other purposes.
SR 1323. By Senator Douglas of the 17th:
A RESOLUTION recognizing and commending Second Lieutenant Jace Andrew Walden; and for other purposes.
SR 1324. By Senators Rogers of the 21st and Hill of the 32nd:
A RESOLUTION commending Ms. Paulette Gebhardt on being named the Shallowford Falls Elementary School Teacher of the Year of the Year; and for other purposes.

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SR 1325. By Senators Rogers of the 21st and Hill of the 32nd:
A RESOLUTION commending Ms. Cassie Accurso on being named the Lassiter High School
SR 1326. By Senators Hill of the 32nd and Rogers of the 21st:
A RESOLUTION commending Ms. Kathy Smarr on being named the Tritt Elementary School Teacher of the Year; and for other purposes.
SR 1327. By Senators Hill of the 32nd and Rogers of the 21st:
A RESOLUTION commending Ms. Deanna Beaver on being named the Mountain View Elementary School Teacher of the Year; and for other purposes.
SR 1328. By Senators Hill of the 32nd and Rogers of the 21st:
A RESOLUTION commending Ms. Diana Lossner on being named the Pope High School Teacher of the Year; and for other purposes.
SR 1329. By Senators Hill of the 32nd and Rogers of the 21st:
A RESOLUTION commending Ms. Nancy Bisanz on being named the Hightower Trail Middle School Teacher of the Year; and for other purposes.
SR 1330. By Senators Hill of the 32nd and Rogers of the 21st:
A RESOLUTION commending Ms. Judy Punte on being named the Bells Ferry Elementary School Teacher of the Year; and for other purposes.
SR 1331. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. LaJuana Ezzard on being named the High Point Elementary School Teacher of the Year and for other purposes.

SR 1332. By Senators Hill of the 32nd and Moody of the 56th:
A RESOLUTION commending Ms. Nathifa Carmichael on being named the North Springs High School Teacher of the Year; and for other purposes.

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SR 1333. By Senators Hill of the 32nd and Rogers of the 21st:
A RESOLUTION commending Ms. Angie Allison on being named the Addison Elementary School Teacher of the Year; and for other purposes.
SR 1334. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Lisa Andrea on being named the Heards Ferry Elementary School Teacher of the Year; and for other purposes.
SR 1335. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Jill Dondero on being named the Riverwood High School Teacher of the Year; and for other purposes.
SR 1336. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Suzanne Raxter on being named the Brumby Intermediate School Teacher of the Year; and for other purposes.
SR 1337. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Karen Melnick on being named the Eastside Elementary School Teacher of the Year; and for other purposes.
SR 1338. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Fran Brooks on being named the East Cobb Middle School Teacher of the Year; and for other purposes.

SR 1339. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Debbie Stewart on being named the Kincaid Elementary School Teacher of the Year; and for other purposes.

SR 1340. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Liza Avery on being named the Mt. Bethel Elementary School Teacher of the Year; and for other purposes.

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3601

SR 1341. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Peggy Snook on being named the Garrison Mill Elementary School Teacher of the Year; and for other purposes.
SR 1342. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Margaret Kiefer on being named the Eastvalley Elementary School Teacher of the Year; and for other purposes.
SR 1343. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Amy Stoessel on being named the Powers Ferry Elementary School Teacher of the Year; and for other purposes.
SR 1344. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Susan Provost on being named the Murdock Elementary School Teacher of the Year; and for other purposes.
SR 1345. By Senator Hill of the 32nd:
A RESOLUTION commending Mr. James Carter on being named the Wheeler High School Teacher of the Year; and for other purposes.
SR 1346. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Alyse Hirsekorn on being named the Walton High School Teacher of the Year; and for other purposes.

SR 1347. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Ann Heyburn on being named the Timber Ridge Elementary School Teacher of the Year; and for other purposes.

SR 1348. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Vicki Wilhelm on being named the Sprayberry High School Teacher of the Year; and for other purposes.

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SR 1349. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Phyllis Cole on being named the Sope Creek Elementary School Teacher of the Year; and for other purposes.
SR 1350. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Marilyn Anderton on being named the Sedalia Park Elementary School Teacher of the Year; and for other purposes.
SR 1351. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Courtney Lowe on being named the Sandy Springs Middle School Teacher of the Year; and for other purposes.
SR 1352. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Patricia Smith on being named the Dodgen Middle School Teacher of the Year; and for other purposes.
SR 1353. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Carole Bronzino on being named the Dickerson Middle School Teacher of the Year; and for other purposes.
SR 1354. By Senator Hill of the 32nd:
A RESOLUTION commending Ms. Kendra Brooks on being named the Brumby Primary School Teacher of the Year; and for other purposes.
SR 1355. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th, Thompson of the 33rd and Stoner of the 6th:
A RESOLUTION recognizing and commending David Connell; and for other purposes.
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.
Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

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3603

Senator Heath of the 31st asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

Senator Douglas of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused.

Senator Williams of the 19th moved to confirm the Senate Journal.

There were no objections and the Journal was confirmed.

The following legislation, favorably reported by the committees, as listed on the Rules Committee Consent Calendar for Privileged Resolutions, was third read and put upon its adoption.

RULES COMMITTEE CONSENT CALENDAR
FOR PRIVLEGED RESOLUTIONS TUESDAY, MARCH 28, 2006 THIRTY-NINTH LEGISLATIVE DAY

SR 961

United States Congress; urged to enact S. 520 and H.R. 1070 (RULES-50th)

SR 1127

U.S. Dept. of Defense; urged to take action to cause commissary/post exchange on Fort Gillem to remain open (V&MA-17th)

SR 1133

President/U.S. Congress; urged to pass meaningful changes to protect threatened/endangered species (NR&E-11th)

SR 1195

Environmental Protection Division; urged to allow electric generation peaking facilities (NR&E-49th)

HR 1551 Joint Comprehensive Water Desalination Study Committee; create (NR&E-47th) Stephens-164th

The reports of the committees which were favorable to the adoption of the legislation as reported, were agreed to.
The legislation on the Rules Committee Consent Calendar for Privileged Resolutions, was adopted by unanimous consent.

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The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Tuesday, March 28, 2006 Thirty-ninth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

HB 1514

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 provide for the filling of vacancies in the office of sheriff of DeKalb County; to provide that the chief deputy shall discharge the duties of sheriff until such office is filled; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1573

Cagle of the 49th FLOWERY BRANCH
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1575

Cagle of the 49th HALL COUNTY
A BILL to be entitled an Act to provide for the continuation of 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 Hall County

HB 1631 HB 1632 HB 1650

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3605

School District, City of Gainesville Independent School District, and City of Buford Independent School District; to provide for applicability; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Rogers of the 21st CITY OF WOODSTOCK
A BILL to be entitled an Act to create the Woodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Woodstock, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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.
Tolleson of the 20th CITY OF MILAN
A BILL to be entitled an Act to create the Historic Milan Railroad Depot Museum Authority; to provide a short title; to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the collection of the revenues, tolls, fees, charges, earnings, and contract payments of the authority; to fix and provide for the venue and jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Goggans of the 7th WARE COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Ware 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

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vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Goggans of the 7th SATILLA REGIONAL WATER AND SEWER AUTHORITY
A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and evaluation of an executive director; to provide for certain duties of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Reed of the 35th Zamarripa of the 36th Shafer of the 48th Moody of the 56th CITY OF ALPHARETTA
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3633), so as to provide for annexation of certain property; to provide effective dates; to repeal conflicting laws; and for other purposes.
Hill of the 4th EFFINGHAM COUNTY
A BILL to be entitled an Act to provide for an advisory referendum regarding whether Effingham County should adopt a chairperson of the board of commissioners who is elected by the entire county; to provide for an advisory referendum regarding whether Effingham

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County should establish a board of elections; to provide for ballot questions; 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 two local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

HB 1647

Kemp of the 46th OCONEE COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income exceeds $40,000.00; 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 1648

Kemp of the 46th OCONEE COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income does not exceed $40,000.00; 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.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

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On the passage of the legislation, a roll call was taken, and the vote was as follows:

Adelman C Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort
Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Stephens Stoner
Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 40, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

Senator Henson of the 41st asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

Senator Williams of the 19th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.

The following legislation, favorably reported by the committee, as listed on the Consent Calendar for Commemorative Resolutions, was put upon its adoption.

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3609

HR 413 HR 1109 HR 1169 HR 1302 HR 1491 HR 1548 HR 1661

CONSENT CALENDAR FOR
COMMEMORATIVE RESOLUTIONS TUESDAY, MARCH 28, 2006
THIRTY-NINTH LEGISLATIVE DAY
Warren V. Johnson Bridge; designate (Substitute)(TRANS-14th) Hanner-148th
Samuel Ernest Vandiver, Jr. Interchange; dedicate (TRANS-50th) Jamieson-28th
Colonel R. H. Burson Bridge; designate (TRANS-27th) Bearden-68th
Stephen J. Schmidt, Sr. Memorial Highway; dedicate (TRANS-41st) Jacobs-80th
Private James Boggan Memorial Bridge; name (Substitute)(TRANS-7th) Sims-169th
Chambers Crossing; dedicate (Substitute)(TRANS-18th) Rynders-152nd
Hershel Stokes Memorial Overpass; dedicate (TRANS-27th) Hatfield-177th

The substitutes to the following resolutions were put upon their adoption:
*HR 413:
The Senate Transportation Committee offered the following substitute to HR 413:
A RESOLUTION
To dedicate certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Harry H. Eason was born on August 15, 1915, and he spent his career as a superintendent for H.G. Smith Construction Company building bridges throughout south Georgia; and
WHEREAS, in 1956, he moved his family to Tifton, where his company had been awarded the contract to construct bridges for Interstate Highway 75 from Tifton to

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Ashburn, and Mr. Eason was assigned the task of supervising the construction of those bridges; and
WHEREAS, he was known to work as hard as any of his crew in the construction project and each of the bridges was constructed on time and the work was approved without correction; and
WHEREAS, many of the bridges he built were of a complicated design which were even more difficult to construct in the days before computers; and
WHEREAS, it is only fitting that a bridge be named for such a renowned bridge builder as Mr. Harry H. Eason.
PART II WHEREAS, on a day in the 1880s, at least 15 years before the Wright Brothers' famous flight at Kitty Hawk, North Carolina, Micajah Clark Dyer rode his "apparatus for navigating the air" -- the term airplane would not be coined for decades -- down a slip on Rattlesnake Mountain in Union County, Georgia, and flew low over a meadow on his farm in the Choestoe community near Blairsville; and
WHEREAS, Mr. Dyer, who was born in South Carolina on July 23, 1822, and who farmed in Union County, Georgia, to support his large family, received his only formal education in a one-room school, but despite this limitation developed a reputation as a true genius because of his many inventions; and
WHEREAS, most of Mr. Dyer's inventions have been lost in the veil of time, but it is known that he equipped his house with running water, built an efficient water-powered grist mill, and invented a "perpetual motion" machine that could power devices; but his most famous invention was his flying machine, for which he was awarded a patent in September, 1874, and which he continued to improve and refine until his death on January 26, 1891; and
WHEREAS, stories of his flying machine were kept alive through Dyer family oral tradition until 2004, when, thanks to the modern invention of the Internet, family members were able to identify the 1874 patent and obtain a copy, proof that the machine had, in fact, been built and that sophisticated plans had been filed with the United States Patent Office, although the flight from Rattlesnake Mountain over the meadow remains unverified local lore; and
WHEREAS, although the flying machine invented in the remote North Georgia mountains never made it into the history books, family history indicates that Mr. Dyer's widow, Morena Owenby Dyer, sold the machine and plans to the Redwine Brothers in Atlanta, who, in turn, sold them to the Wright Brothers of Ohio, so it is probable that Micajah Clark Dyer did, indirectly, contribute to the first human flight.

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PART III
WHEREAS, Mr. J. Lucius Black was born on July 27, 1915, in Webster County, Georgia, a community to which he was dedicated throughout his distinguished career as a public servant; and
WHEREAS, during his service in the House of Representatives of the State of Georgia from 1945 to 1948 and from 1951 to 1972, Mr. Black was regarded as a man of outstanding character with an exceptional understanding of state and county government that was highly valued and respected by his fellow members in the General Assembly; and
WHEREAS, Mr. Black continued his public service as sole commissioner of Webster County from 1977 to 1990 and then as chairman of the reconstituted county commission from 1991 to 1996; and
WHEREAS, in the course of his career, he demonstrated great energy, intelligence, ability, and dedication to the betterment of the State of Georgia and the quality of life of its citizens; and
WHEREAS, with the passing of Mr. J. Lucius Black on October 18, 2004, the State of Georgia lost a most estimable citizen and statesman.

PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Chula Brookfield Road over Interstate Highway 75 in Turner County, Georgia, is hereby dedicated as the Harry H. Eason Bridge in honor of this distinguished Georgian, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the bridge.
BE IT FURTHER RESOLVED that the portion of Georgia Highway 180 in Union County from the intersection with US Highway 129 to the Towns County line be dedicated the Micajah Clark Dyer Parkway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Micajah Clark Dyer Parkway.
BE IT FURTHER RESOLVED that the members of this body join together to express their deepest regret at the passing of Mr. J. Lucius Black and resolve that the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County is dedicated as the J. Lucius Black Bridge, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs to identifying the bridge.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, Harry H. Eason, the family of Micajah Clark Dyer, and the family of Mr. J. Lucius Black and the Webster County Commission.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
*HR 1491:
The Senate Transportation Committee offered the following substitute to HR 1491:
A RESOLUTION
Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes.
PART I WHEREAS, former Representative Dorothy Barnes Pelote was a member of the General Assembly of Georgia for more than a decade, where she worked tirelessly in loyal and enduring service to her constituents and the citizens of Georgia; and
WHEREAS, former Representative Dorothy Barnes Pelote has been a resident of Savannah, Georgia, for over 50 years and, prior to serving as a Representative, acted in public service to her community first as an educator and, upon retirement, as a member of the Chatham County Board of Commissioners; and
WHEREAS, while serving in the General Assembly of Georgia as a member of the House of Representatives, Ms. Pelote worked steadfastly to pass many resolutions and bills that benefit not only the citizens of Savannah, but the entire State of Georgia; and
WHEREAS, Ms. Pelote has been instrumental in obtaining funds for a number of local initiatives and community improvements and has received numerous awards and recognitions for her services to the community and the citizens of this state; and
WHEREAS, former Representative Dorothy Barnes Pelote is a beloved member of many public and civic organizations, her church, and family.
PART II WHEREAS, Derward Buchan is a veteran of the United States Army and served in the occupational forces in Japan and later served in Korea; and

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3613

WHEREAS, he served 14 years on the Douglas city commission and six years as the mayor; and
WHEREAS, during his tenure on the Douglas city commission, he oversaw transportation improvements, including the widening of Madison Street, the completion of Perimeter Road, and the continuing improvement of traffic congestion through the use of one-way streets; and
WHEREAS, he is a former member and secretary of the Southeast Georgia Regional Development Center; and
WHEREAS, he retired from the Georgia Department of Transportation after 34 years of service as an area engineer; and
WHEREAS, Derward is a charter member of the Douglas Exchange Club, past president of the local chapter of the American Association of Retired Persons, and a member of the Chamber of Commerce and American Legion; and
WHEREAS, Derward F. Buchan has devoted his life to service as a businessman, civic leader, and friend to the City of Douglas, and it is only fitting that the Derward F. Buchan Corridor be dedicated in his honor.
PART III WHEREAS, Mr. Tommy G. Hudson was an employee of the Georgia Department of Transportation; and
WHEREAS, he was an outstanding employee and citizen of the State of Georgia; and
WHEREAS, he was struck and killed by a vehicle on March 2, 2005, while in the performance of his duties on SR 107 in Turner County near the bridge over Deep Creek; and
WHEREAS, he was a devoted family man, a highly respected employee, an able and upright citizen of his community and the State of Georgia, and a friend to all who were privileged to know and work with him.
PART IV WHEREAS, the 848th Engineer Company was organized as the B-560 Engineering Battalion and later became the 848th Engineer Company attached to the 48th Infantry Brigade; and
WHEREAS, the 848th Engineer Company was mobilized for Operation Desert Storm in 1990 as part of the 48th Infantry Brigade; and

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WHEREAS, in 1993, the 848th Engineer Company was reorganized as Company C in the 648th Engineer Battalion; and
WHEREAS, in 1994, the 648th Engineer Battalion was mobilized for duty in central and southern Georgia to help with the massive flooding following tropical storm Alberto; and
WHEREAS, in 1996-97, the 648th was mobilized to serve a peacekeeping mission in Bosnia; and
WHEREAS, currently the 648th is serving with the 48th Infantry Brigade Combat Team in Iraq and the Persian Gulf area; and
WHEREAS, it is only fitting that these courageous soldiers, who in the spirit of the American patriot, have volunteered to confront the dangers, privations, and discomforts of wartime and peacetime service and in the spirit of humanity have strived to establish and keep the peace in Iraq and Bosnia with fortitude and steadfast resolve, should have a bridge named in their honor; and
WHEREAS, all Americans owe a debt of gratitude to the men and women of the Georgia National Guard who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world.
PART V WHEREAS, the lighthouse of Tybee Island has a long and storied history along the Georgia coast; and
WHEREAS, the lighthouse has saved the lives of many desperate seafarers in search of a safe port; and
WHEREAS, it is only proper and fitting that the Tybee Island Lighthouse be memorialized by dedicating a causeway in honor of its glorious past.
PART VI WHEREAS, news of the passing of Lucille M. Norton, late of Lakeland, Georgia, was received by the members of her community with much deep regret; and
WHEREAS, the life led by this distinguished woman of 86 years rendered her name dear to the hearts of her family and fellow citizens alike; and
WHEREAS, Lucille M. Norton was a native of Lanier County who, after receiving her teaching degree, made Lanier County and Lakeland, Georgia, her home and not only became a teacher for the Lanier County school system, but also served six decades as a mentor of five generations of children and families of Lanier County; and

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3615

WHEREAS, her commitment to public service and various volunteer organizations, such as the March of Dimes and her beloved Good Hope Baptist Church, made her community and this state a better place in which to live; and
WHEREAS, it is only fitting and proper that this woman of vision and significance be honored by naming a small and simple bridge in her honor; a bridge over a small and undemanding creek that, as a child, bordered on her mothers farm; that she played in as a child; that she fished and enjoyed all of her 86 years on this earth; that she later in life inherited from her mother who had inherited it from her family; and that, in death, she passed on to her only son.
PART VII WHEREAS, Private James Boggan was born on December 22, 1925, in Ambrose, Georgia; and
WHEREAS, the Purple Heart was first established by George Washington during the Revolutionary War and later revived by the War Department in February of 1932; and
WHEREAS, the Purple Heart is awarded to persons who while serving in any capacity with the United States Armed Services has been wounded or killed or who has died or may thereafter die after being wounded; and
WHEREAS, Private James Boggan of Ambrose, Georgia, received fatal wounds in Luxembourg during World War II while serving in the United States Army that resulted in his death on March 16, 1945, and was awarded the Purple Heart on June 11, 1945; and
WHEREAS, Private Boggan left behind him in Ambrose, Georgia, his parents, the late Cecil D. Boggan and Mary Grantham Boggan, as well as six brothers and sisters; and
WHEREAS, Private Boggan is an example of a generation of young soldiers who gave their lives during World War II in the fight for democracy and freedom.
PART VIII WHEREAS, Thomas McGaughey Kilgore was a native and lifelong resident of Douglas County and was a descendant of Douglas County native citizens dating back prior to the incorporation of the county; and
WHEREAS, he graduated from Douglas County High School in 1952 and from Berry College in 1956; and
WHEREAS, he spent his entire professional career with CSX Transportation; and
WHEREAS, he was elected as a member of the Georgia General Assemblys House of

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Representatives to represent Douglas County, taking office in 1975 and serving through 1992; and
WHEREAS, during his tenure in the General Assembly, he served on the Appropriations Committee and the Industry Committee, and chaired the Education Committee; and
WHEREAS, as chairman of the Education Committee, he was instrumental in establishing the Douglas County campus of West Central Technical College on Timber Ridge Road, which has become an integral part of the community and provides an opportunity for thousands of Douglas County citizens to receive higher education; and
WHEREAS, after retirement, he continued to work with the Douglasville Convention and Visitors Bureau to help bring tourists to Douglas County; and
WHEREAS, he was married for 43 years to Carol M. McLendon, and they had two beautiful daughters, Pamela K. Platt and Teresa A. Kilgore, and two wonderful grandchildren, Lindsay and Will; and
WHEREAS, he was a lifetime member of County Line Baptist Church and a charter member of the West Pines Golf Course and enjoyed carp fishing during his free time; and
WHEREAS, it is only fitting that this man who devoted his life to his family and service to his community should have a bridge in his beloved Douglas County dedicated in his memory.
PART IX WHEREAS, when Georgia Loop 1 in Floyd County was first constructed, it extended from the intersection of SR 20 in West Rome to SR 53; and
WHEREAS, this section of Georgia Loop 1 has been previously named the "Veterans Memorial Highway"; and
WHEREAS, Georgia Loop 1 has now been extended from SR 53 to US 411/SR 20; and
WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world.
PART X WHEREAS, Lieutenant McKinnon was born on January 20, 1923, to William Bryan McKinnon and Laura Estelle McKinnon; and

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3617

WHEREAS, Lieutenant McKinnon served honorably in the United States Navy from 1955 to 1960 as a naval aviator with Fighter Squadron 174; on January 12, 1960, Lieutenant McKinnon and another aviator were on a flight training mission when a mistake caused the two fine, young pilots to collide killing Lt. McKinnon instantly; and
WHEREAS, Lt. McKinnon was born and raised within a half-mile of the Satilla River Bridge where as a child he dove off, swam around, and fished off the bridge; and
WHEREAS, he was a faithful member of Mora Baptist Church and a young student attending the local schools and later graduating from South Georgia College before entering the Naval Cadet program; and
WHEREAS, Lt. McKinnon was a young man who despite growing up during the Depression availed himself of the opportunities of the United States to achieve success before his life was tragically cut short; and
WHEREAS, Lt. McKinnon was a loving husband to Nancy Faye McKinnon and loyal brother to younger brother Clark McKinnon and sisters Paulette Wilson and Carol A. Morrison as well as being a young man who was generally loved and respected in the surrounding community.
PART XI NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Bay Street between East Lathorpe Street and Farm Street in Chatham County is dedicated as the Dorothy Barnes Pelote Bridge.
BE IT FURTHER RESOLVED that the portion of SR 32 from the 206 Connector to the CSX Railroad overpass is dedicated as the Derward F. Buchan Corridor.
BE IT FURTHER RESOLVED that the bridge over Deep Creek on SR 107 at Mile Post 8.0 in Turner County, Bridge ID # 287-00107D-00.800E, is hereby dedicated as the Tommy G. Hudson Bridge in honor of the memory of this distinguished Georgian.
BE IT FURTHER RESOLVED that the bridge on the SR 206 Connector that spans the CSX railroad, in Coffee County, is dedicated as the Hero Bridge.
BE IT FURTHER RESOLVED that the portion of US 80 from the end of Lazaretto River to the end of US 80 on Tybee Island, in Chatham County, is dedicated as the Historic Tybee Lighthouse Causeway.
BE IT FURTHER RESOLVED that the bridge over Grand Bay Creek on U. S. Highway 221 in the County of Lanier be dedicated as the Lucille M. Norton Bridge.

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BE IT FURTHER RESOLVED that the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, is dedicated as the Private James Boggan Memorial Bridge.
BE IT FURTHER RESOLVED that the Prestley Mill Road bridge over I-20, in Douglas County, is dedicated as the Tom Kilgore Memorial Bridge.
BE IT FURTHER RESOLVED that the portion of Georgia Loop 1 from SR 53 to US 411/SR 20 is dedicated as the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the Satilla River Bridge on Hwy. 135 in Douglas, GA, is dedicated as the Lieutenant Rudolph McKinnon, USN, Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution.
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 Department of Transportation, Dorothy Barnes Pelote, Derward F. Buchan, the family of Tommy G. Hudson, the commanding officer of the 648th Engineer Battalion of the Georgia Army National Guard, the local governing authority of Tybee Island, the surviving and only son, four grandchildren, and three great-grandchildren of Lucille M. Norton, the family of Private James Boggan, the family of Tom Kilgore, and the family of Lieutenant Rudolph McKinnon.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
*HR 1548:
The Senate Transportation Committee offered the following substitute to HR 1548:
A RESOLUTION
Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes.
PART I WHEREAS, Ida Chambers was born in Miller County, Georgia, on February 25, 1922; and
WHEREAS, she was one of the charter supporters of the Lee County Chamber of Commerce; and

TUESDAY, MARCH 28, 2006

3619

WHEREAS, she was instrumental in obtaining the first satellite office for voter registration in Lee County; and
WHEREAS, she was a charter organizer of the Lee Medical Arts and Albany Primary Healthcare medical facilities and has made many trips to Atlanta and Washington, D.C., lobbying for health care in the rural areas of south Georgia; and
WHEREAS, Ida was the third woman in Georgia to serve on an electric membership cooperative board, and she has served as secretary/treasurer on the board of Sumter EMC for 25 years; and
WHEREAS, she is now serving on the Lee County Utility Authority over Water and Sewage and has served for nine years; and
WHEREAS, she represents Lee County on the Housing Authority Board; and
WHEREAS, she has served as the choir director and treasurer of Kinchafoonee Baptist Church, and she is a former Lee County Chamber of Commerce Woman of the Year and Ambassador of the Year; and
WHEREAS, with the help of her husband, Bill Chambers, Sr., Ida was a driving force in the creation of the Lee County Volunteer Fire Department; and
WHEREAS, Mrs. Ida Chambers has been a major contributor to the quality of life in Lee County for many years and has devoted countless hours in public service, and, therefore, it is only fitting that an intersection in Lee County should be named in her honor.
PART II WHEREAS, Mr. James G. Crayton, Sr., started his career as a surveyor with the Georgia Department of Transportation on January 1, 1947, after serving three years in the United States Navy; and
WHEREAS, a dedicated and trusted employee, he served in this capacity in Barnesville, Griffin, and Thomaston, where he was promoted to the position of Professional Bridge Engineer; and
WHEREAS, Mr. Crayton retired from the department in Atlanta in 1975 as Professional Bridge Engineer and Bridge Inspector after 35 years of exemplary service; and
WHEREAS, bridges were Mr. Crayton's passion, and his work has been the subject of many civil engineering classes at various universities throughout the State of Georgia; and

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WHEREAS, at one time, Mr. Crayton had designed and built more bridges throughout Georgia than any other engineer; and
WHEREAS, Mr. Crayton was a loving husband, father, grandfather, and member of the Zebulon community; and
WHEREAS, as James G. Crayton, Sr., was a dedicated engineer and public servant for the Department of Transportation, it is only fitting that a bridge should be named in his honor.
PART III WHEREAS, on March 10, 2006, the State of Georgia lost one of its finest and most promising citizens with the untimely passing of Thomas McRae Hamilton Robinson; and
WHEREAS, this exceptional individual was a member of Vineville United Methodist Church and attended Stratford Academy where he was in the eighth grade and a member of the marching band; and
WHEREAS, Tommy lived every day with a warm smile on his face and with a desire to make everyone else's day a little bit better; and
WHEREAS, his many talents, his remarkable patience and diplomacy, his keen sense of vision, his warmth and kindness, and his acute sensitivity to the needs of people earned him the respect and admiration of his classmates and everyone with whom he came in contact; and
WHEREAS, the passing of this fun loving, bright, and talented young man leaves an unfillable void in the hearts and lives of his family and friends; and
WHEREAS, the achievements, accomplishments, and life of this outstanding young man should be recognized and remembered.
PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of U.S. Route 19 with Century Road in Lee County is dedicated as Chambers Crossing.
BE IT FURTHER RESOLVED that the bridge on State Route 18 across Elkins Creek in Zebulon, Georgia, is dedicated as the James G. Crayton, Sr. Memorial Bridge.
BE IT FURTHER RESOLVED that the portion of Zebulon Road (SR 1104 TA) from the I-475 Bridge to Forsyth Road in Bibb County be dedicated as the Tommy Robinson Memorial Parkway.

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3621

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution.
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 Department of Transportation, Mrs. Ida Chambers, the family of Tommy Robinson, and the family of Mr. James G. Crayton, Sr.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to.

On the adoption of the legislation on the Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

E Adelman C Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton C Stephens
Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the legislation, the yeas were 43, nays 0.

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The legislation on the Consent Calendar for Commemorative Resolutions, except HR 413, HR 1491 and HR 1548 having received the requisite constitutional majority, were adopted.
HR 413, HR 1491 and HR 1548 having received the requisite constitutional majority, were adopted by substitute.

Senator Williams of the 19th moved that the Senate confirm the Governor's Executive Appointment as seen in the Senate Journal of March 27, 2006.

On the motion, a roll call was taken, and the vote was as follows:

E Adelman C Balfour
Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton C Stephens
Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 40, nays 0, the motion prevailed; and the Governor's Executive Appointment was confirmed.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

TUESDAY, MARCH 28, 2006

3623

Mr. President:

The House has adopted the report of the Committee of Conference on the following Bill of the House:

HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:

A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 96.

By Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th:

A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other purposes.

The House insists on its position in substituting the following Bills of the Senate:

SB 413.

By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the

3624 SB 636.

JOURNAL OF THE SENATE
permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes.

Mr. President:
The House has adopted the report of the Committee of Conference on the following Bills of the House:
HB 912. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain provisions relating to applicability to nonparties; to provide that silence may act as a waiver under certain circumstances; to change certain provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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3625

Mr. President:

The House has disagreed to the Senate substitutes to the following Bills of the House:

HB 304.

By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st:

A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th:

A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House insists on its position in substituting the following Bill of the Senate:

SB 238. By Senators Hill of the 32nd and Smith of the 52nd:

A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.

SENATE RULES CALENDAR TUESDAY, MARCH 28, 2006 THIRTY-NINTH LEGISLATIVE DAY

SR 1067

Prevention of the Starvation and Dehydration of Persons with Disabilities; create Senate Study Committee (RULES-50th)

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SR 1270 HR 1258 HB 57 HB 184 HB 343 HB 101 HB 344 HB 710 HB 1238 HB 728 HR 773 HB 893 HB 841 HB 1040 HR 1339

Human Resources; Dept. of; child welfare system; conduct multiday statewide conference (H&HS-32nd)
Appalachian Studies Center; Dahlonega; Georgia's official center; establish (H ED-29th) Amerson-9th
State ordered executions; protect physicians and medical professionals licensure (JUDY-30th) Ralston-7th
Residential and General Contractors State Licensing Board; membership (Substitute)(RI&Util-9th) Scott-153rd
Valdosta State University's Peach State Summer Theatre; designate official musical theatre (RULES-8th) Borders-175th
Peace Officers' Annuity and Benefit Fund; certain creditable service (Substitute)(RET-1st) Brooks-63rd
Firefighters' Pension Fund; return to service after retirement; benefit (Substitute)(RET-31st) Cummings-16th
Special license plates; identifying persons with diabetes (PS&HS-46th) Jenkins-8th
Wire transmission; money; illegal immigrant fee; provide (Substitute) (B&FI-30th) Rice-51st
"Mattie's Call Act"; enact (Substitute)(PS&HS-21st) Franklin-43rd
Sales tax for educational purposes; authorization under certain conditions CA (Substitute)(FIN-9th) Jones-46th
Sales tax; educational purposes; amend certain provisions (Substitute) (FIN-9th) Jones-46th
Sales tax exemption; qualified job training organizations (FIN-1st) Stephens-164th
Carpet samples; raw material cost; fair market valuation; definitions (FIN-54th) Williams-4th
Infrastructure development districts; General Assembly; authorize creationCA (ECD-53rd) O`Neal-146th

TUESDAY, MARCH 28, 2006

3627

HB 1323 HB 910 HB 1157 HB 1177 HB 848 HB 873 HB 881 HB 955 HB 294 HB 847 HB 941 HB 1502 HB 1417 HB 1006

Local government; infrastructure development districts; provide (Substitute)(ECD-53rd) O`Neal-146th
Cemeteries and funeral services; amend certain provisions (Substitute) (RI&Util-49th) Rogers-26th
Income tax credit; employers providing retraining programs; change provisions (Substitute)(RULES-9th) Burkhalter-50th
Department of Transportation; certain projects; bonding amounts; provisions (Substitute)(TRANS-51st) Smith-129th
Homestead exemption; senior citizens; actual levy amount (Substitute) (FIN-49th) Butler-18th
Physician's assistants; public health or state of emergency; render assistance (H&HS-45th) Walker-107th
Dispensing opticians; apprenticeship program; amend requirements (H&HS-32nd) Chambers-81st
MARTA; public records relating to fare payment system; exempt from disclosure; provide (Substitute)(TRANS-37th) Geisinger-48th
Speed monitoring devices; photographic systems; provisions (Substitute) (TRANS-9th) Miller-106th
Juvenile proceedings; emancipation of minors by petition (JUDY-29th) Butler-18th
Archives and History, Division of; documents; religious heritage; recognize (Substitute)(RULES-47th) Benton-31st
State revenue commissioner; property appraisal and assessment; provide (RULES-20th) Royal-171st
Administrative Office of the Courts; assist board of jury commissioners; allow (JUDY-52nd) Ralston-7th
Prestige license plates; Breast Cancer; distribution of renewal fees (PS&HS-40th) Ashe-56th

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HB 1160 HB 1162 HB 1187 HB 1209 HB 429 HB 1227 HB 1228 HB 1290 HB 1380 HB 1385 HB 1392 HB 1399 HB 1008 HB 1473 HB 1497

Taxable net income; certain companies; provide adjustments (FIN-28th) Knight-126th
Department of Community Affairs; Section 8 housing fraud; require investigation (SLGO(G)-37th) Fleming-117th
Appraisal; county staff; change certain provisions (Substitute)(FIN-49th) Willard-49th
Dept. of Public Safety; motorcycle enforcement program; provisions for payment (PS&HS-43rd) Chambers-81st
Setoff debt collection; claimant agencies; include public housing authorities (Substitute)(FIN-16th) Smith-168th
Agricultural Education Oversight Commission; create (Substitute) (ED&Y-46th) England-108th
Career and Technical Education Oversight Commission; create (Amendment)(H ED-29th) England-108th
Telephone service provider; customer records; prohibit sale or transfer (Substitute)(S&T-31st) Hill-180th
Food; adulteration and misbranding; provide certain exemptions (Substitute)(AG&CA-51st) Graves-12th
Building plan reviews; private professional providers; provisions (Substitute)(RI&Util-31st) Heard-104th
Drivers; right of way violation; collision; provide penalties (Substitute) (PS&HS-46th) Hembree-67th
Magistrate's salary; waiver; provide (JUDY-37th) Ralston-7th
"Georgia Hospice Law"; palliative care; amend provisions (H&HS-1st) Carter-159th
Social Security Act; certain waivers; require prior legislative approval (Substitute)(APPROP-7th) Brown-69th
Vicious dogs; requirements for owners; provide (PS&HS-16th) Knight-126th

TUESDAY, MARCH 28, 2006

3629

HR 1564 Special license plates; dedicate revenue; provisions - CA (PS&HS-46th) Dollar-45th

HB 1053 Prestige license plates; "In God We Trust"; provisions (Substitute) (PS&HS-46th) Mills-25th

HB 1073 Houston Judicial Circuit; number of judges; provisions (Substitute) (JUDY-30th) O`Neal-146th

HB 1316 High School Athletics Overview Committee; create (ED&Y-37th) Martin-47th

HB 1259 Private detectives and private security officers; licensing; revise (Substitute)(RI&Util-53rd) Hill-21st

HB 1126 Correctional officers; insurance benefits; provide exemption (I&L-25th) Barnard-166th

HB 1097 Outdoor advertising signs; restriction; amend (Substitute)(TRANS-31st) McCall-30th

HB 695

Disabled Assistants Act; authorize permits for certain wild animals (NR&E-17th) Holt-112th

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Whitehead of the 24th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

The following legislation was read the third time and put upon its passage:

SR 1067. By Senator Schaefer of the 50th:

A RESOLUTION creating the Senate Study Committee on the Prevention of the Starvation and Dehydration of Persons with Disabilities; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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On the adoption of the resolution, a roll call was taken, and the vote was as follows:

E Adelman C Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton C Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 43, nays 0.

SR 1067, having received the requisite constitutional majority, was adopted.

The following communication was received by the Secretary:

Senator Nancy Schaefer District 50 323-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Retirement Banking and Financial Institutions Economic Development Ethics Special Judiciary

The State Senate Atlanta, Georgia 30334

March 28, 2006

TUESDAY, MARCH 28, 2006

3631

I failed to vote on my own legislation, SR 1067, being sidetracked on the way back to my seat.

Of course I would vote in favor of SR 1067.

Thank you!

/s/ Nancy Schaefer

Senator Harbison of the 15th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

Senator Seay of the 34th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

SR 1270. By Senators Hill of the 32nd, Schaefer of the 50th, Pearson of the 51st, Williams of the 19th, Stephens of the 27th and others:

A RESOLUTION urging and requesting the Department of Human Resources to conduct a multiday state-wide conference to discuss the values and beliefs which should form the foundation for Georgias child welfare system as determined by the departments Division of Family and Children Services, Georgia citizenry, legislators, other leaders, and other interested parties; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

E Adelman C Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans
Golden

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton C Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 46, nays 0.

SR 1270, having received the requisite constitutional majority, was adopted.

Senator Starr of the 44th assumed the Chair.

HR 1258. By Representatives Amerson of the 9th, Williams of the 4th, Reece of the 27th, Ralston of the 7th and Hembree of the 67th:

A RESOLUTION establishing the Appalachian Studies Center at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Studies Center; and for other purposes.

Senate Sponsor: Senator Harp of the 29th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith Starr (PRS)
Y Staton C Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber

TUESDAY, MARCH 28, 2006

Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

HR 1258, having received the requisite constitutional majority, was adopted.

3633

HB 57. By Representatives Ralston of the 7th and Powell of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to protect physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions; to provide for related matters; to provide for 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:

E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers

Y Smith Starr (PRS)
Y Staton C Stephens
Stoner Y Tarver Y Tate
Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 1.

HB 57, having received the requisite constitutional majority, was passed.

Senator Goggans of the 7th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

HB 184. By Representatives Scott of the 153rd, Heard of the 104th, Geisinger of the 48th and Powell of the 29th:

A BILL to be entitled an Act to amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Balfour of the 9th.

The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 184:

A BILL TO BE ENTITLED AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide certain requirements relating to eye care and treatment; to provide for certain requirements relating to contact lenses; to provide for additional pharmaceutical agents which may be used by a doctor of optometry for treatment purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by adding a new chapter to read as follows:

CHAPTER 29A

TUESDAY, MARCH 28, 2006

3635

43-29A-1. As used in this chapter, the term:
(1) 'Alternative channels of distribution' means any mail-order company, Internet retailer, pharmacy, buying club, department store, or mass merchandise outlet without regard to whether it is associated with a prescriber unless the account meets the definition of a competitor as provided for in paragraph (2) of this Code section. (2) 'Competitor' means an entity that manufacturers contact lenses and sells those lenses within this state in direct competition with any other manufacturer. (3) 'Manufacturer' means the manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. (4) 'Prescriber' means an individual licensed or authorized to prescribe contact lenses under the laws of this state.
43-29A-2. (a) Beginning July 1, 2006, a manufacturer of contact lenses doing business in the state shall certify by affidavit to the Attorney General those brands of contact lenses produced, marketed, distributed, or sold by the manufacturer in the state that are made available in a commercially reasonable and nondiscriminatory manner to:
(1) Prescribers; (2) Entities associated with prescribers; and (3) Alternative channels of distribution. (b) Notwithstanding any other provision of law, a manufacturer shall only sell, market, or distribute lenses in Georgia that have been certified under subsection (a) of this Code section. (c) Subsections (a) and (b) of this Code section do not apply to: (1) Rigid gas permeable lenses; (2) Bitoric gas permeable lenses; (3) Bifocal gas permeable lenses; (4) Keratoconus lenses; (5) Custom soft toric lenses that are manufactured for an individual patient and are not mass marketed or mass produced; or (6) Custom designed lenses that are manufactured for an individual patient and are not mass marketed or mass produced. (d) Any time a brand ceases to be made available after July 1, 2006, the manufacturer shall immediately certify that fact by affidavit to the Attorney General. (e) Nothing in this Code section shall be construed to require a prescriber to stock, sell, or prescribe any specific type brand or specific manufacturers line of contact lenses.
43-29A-3. Nothing in Code Section 43-29A-2 is intended to require a manufacturer to:
(1) Sell to a competitor; (2) Sell contact lenses to different contact lens distributors or customers at the same price;

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(3) Open or maintain an account for a contact lens seller who is not in substantial compliance with Georgia and federal law regarding the sale of contact lenses; (4) Decide whether a low volume account with a contact lens seller is a direct account or handled through a distributor; or (5) Sell to customers in all geographic areas lenses that are being test marketed on a limited basis in one geographic area.
43-29A-4. (a) A knowing and intentional violation of Code Section 43-29A-2 shall constitute a misdemeanor. (b) The Attorney General may bring a civil action or seek an injunction or both against any person, entity, or manufacturer who violates the provisions of Code Section 4329A-2.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd offered the following amendment #1:
Amend the committee substitute to HB 184 by adding on line (6) of page (3) "new section to read: "No partnership or limited liability corporation may engage in the business of heat and air until regularly connected to a partnership or corporation actually engaged in the performance of the business and who has valid license. They shall be authorized to continue upon the death of the person holding that license for (180) following such death."
And renumber accordingly.
Senator Thompson of the 33rd offered the following amendment #1a:
Amend the Amendment #1 to the Senate committee substitute to HB 184 by adding on line 2 page 2 between the words Section and to: Chapter 14 of Title 43
On the adoption of the amendment, the yeas were 39, nays 0, and the Thompson of the 33rd amendment #1a to the amendment #1 was adopted.
On the adoption of the amendment, the yeas were 33, nays 0, and the Thompson of the 33rd amendment #1 was adopted as amended.
On the adoption of the substitute, the yeas were 31, nays 0, and the committee substitute was adopted as amended.

TUESDAY, MARCH 28, 2006

3637

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y 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 E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr (PRS)
Y Staton C Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 184, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the Senate:

SB 666. By Senator Grant of the 25th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916 (Ga. L. 1916, p. 819), and an Act approved March 5, 1976 (Ga. L. 1976, p. 2820),

3638 SB 667. SB 669. SB 670. SB 671.

JOURNAL OF THE SENATE
and an Act approved May 22, 2003 (Ga. L. 2003, p. 3661), so as to provide for the transaction of business of the city council; to establish a quorum and the votes necessary to pass or enact any matter; to provide for meetings of the city council and notice thereof; to provide for the duties and powers of the mayor; to provide for the temporary appointment of individuals to act as city manager under certain circumstances; to provide additional duties of the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 26, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4262), so as to provide a salary for the chief magistrate, to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to make provisions related to the compensation of the judge of the juvenile court of the Clayton Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to provide that the solicitor-general of said court may employ such assistant solicitors-general, deputy solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be authorized by the Board of Commissioners of Clayton County; to provide for compensation; to provide for qualifications; to repeal conflicting laws; and for other purposes.
By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4130), so as to change

SB 673.

TUESDAY, MARCH 28, 2006

3639

the compensation of the chairperson and members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 674.

By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 675.

By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 676.

By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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SB 677. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4665), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor-general of the state court; to provide for a county supplement; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes.
SB 678. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4127), so as to change the amount of such county supplement; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Calendar was resumed.
HB 343. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th:
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 other state symbols, so as to designate the Valdosta State Universitys Peach State Summer Theatre as Georgias Official Musical Theatre; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Golden of the 8th.
Senator Pearson of the 51st offered the following amendment:
Amend HB 343 by inserting after "Theatre;" on line 3 of page 1 the following: to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for home study students in public universities; to provide for applicability;
By inserting between lines 20 and 21 of page 2 the following: SECTION 2A.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting a new Code section to read as follows:

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3641

20-3-66.1.
(a) A member institution of the University System of Georgia shall consider for admission an applicant to the institution as an undergraduate student on the same basis as any other student if the applicant has completed a home study program and meets the residency requirements of the board of regents and if:
(1) The applicants scores on one or more nationally recognized admissions tests are commensurate with those of entering freshmen in the institution; and (2) The applicants scores on the institutions entrance or placement examinations would allow the student to be placed in freshman-level, nonremedial classes. (b) The board of regents is authorized to adopt rules and regulations relating to the operation of admissions programs under this Code section. (c) This Code section shall apply to all applicants on and after the effective date of this Code section.

On the adoption of the amendment, the yeas were 37, nays 0, and the Pearson amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y 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 E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr (PRS)
Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 51, nays 0.
HB 343, having received the requisite constitutional majority, was passed as amended.
HB 101. By Representatives Brooks of the 63rd, Cummings of the 16th and Williams of the 89th:
A BILL to be entitled an Act to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employees contribution; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Johnson of the 1st.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
January 13, 2005
The Honorable Tyrone Brooks State Representative Legislative Office Building, Room 511-H Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 101 (LC 21 7997)
Dear Representative Brooks:

TUESDAY, MARCH 28, 2006

3643

This bill would amend provisions relating to creditable service for active members of the Peace Officers' Annuity and Benefit Fund. Specifically, this bill would authorize such members to obtain creditable service for prior service as a peace officer which was rendered before January 1, 1976. This provision would apply to all persons who are active members on July 1, 2006 and to all persons who become active members after that date. A member wishing to establish such creditable service shall pay the employee's contribution in an amount equal to $10 for each month of service sought. Members seeking to obtain such creditable services would be required to make a written application to the Board no later than December 31, 2006 and provide the Board with appropriate proof of prior service.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,
/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
October 26, 2005
Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 101 (LC 21 8484S) Peace Officers' Annuity and Benefit Fund
Dear Chairman Bridges:
This bill would amend provisions relating to creditable service for active members of the

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Peace Officers' Annuity and Benefit Fund. Specifically, this bill would authorize such persons to obtain creditable service for prior service as a peace officer which was rendered before January 1, 1976. This provision would apply to all persons who are active members on July 1, 2006 and to all persons who become active members after that date. A member wishing to establish such creditable service shall pay the employee's contribution in an amount equal to $10 for each month of service sought. Furthermore, such members would be required to make a written application to the Board of Trustees no later than December 31, 2006 and provide proof of such service. This legislation would require the General Assembly to appropriate the funds necessary to concurrently fund the provisions of this bill.

The first year cost of this legislation would be $1,514,000 in order to meet the minimum funding standards outlined in O.C.G.A. 47-20-50. This cost estimate represents the amount of funds required each year for the next 30 years to amortize the unfunded actuarial accrued liability. This cost estimate is based on the assumption that all 2,186 active officers who had service prior to 1976 would purchase an average of 4 years of creditable service. The estimated cost is also based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through State appropriations.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$ 20,101,000

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$ 1,514,000

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

30

(4) The amount of the annual normal cost which will result from the bill. $

0

(5) The employer contribution rate currently in effect.

A portion of fines and bond
forfeitures

TUESDAY, MARCH 28, 2006

3645

(6) The employer contribution rate recommended (in conformity with A portion of minimum funding standards specified in Code Section 47-20-10). Fines and bond forfeitures

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 1,514,000*

* As written, this legislation requires the General Assembly to appropriate the funds necessary to fund this bill is accordance with minimum funding standards. If this legislation is funded over 30 years, the first year cost to the State would be $1,514,000. If the General Assembly elects to fund the full cost of this bill in the first year, the first year cost to the State would be $20,101,000. This cost estimate is based on the assumption that all 2,186 eligible officers would each purchase four years of service.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

The Senate Retirement Committee offered the following substitute to HB 101:

A BILL TO BE ENTITLED AN ACT

To amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Peace Officers Annuity and Benefit Fund, so as to provide a statement of legislative findings and intent; to provide that the board of trustees of such fund shall accept provisional applications for creditable service for certain prior service; to provide for proof that certain conditions were met; to provide for funding by the General Assembly; to provide for the payment and possible refund of employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Peace Officers Annuity and Benefit Fund, is amended by inserting at the end thereof a new Code section to read as follows:

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47-17-71.
(a) It is the intent of the General Assembly to provide for the grant of creditable service to any active member of the fund for each month of prior service as a peace officer rendered prior to January 1, 1976, if during such period the member was denied membership in the fund or was actively prevented from making such application because of his or her race or ethnicity. (b) The board of trustees is authorized and directed to receive the applications of such members as would be eligible to receive creditable service under the terms and conditions as set forth in subsection (c) of this Code section. Entitlement to such creditable service shall attach upon the submission of application, subject to all provisions of this Code section relative to funding. (c) A member wishing to establish creditable service for service performed prior to January 1, 1976, as provided in subsection (a) of this Code section, must make written application to the board of trustees during the six-month period from July 1, 2006 through December 31, 2006, and:
(1) Provide the board of trustees with such proof of prior service as the board of trustees deems necessary, which shall include, at a minimum, pay records, tax returns, W-2 statements, or a sworn statement of the employer stating that the employment records bear proof of such employment. Such statement shall be subject to a civil fine of $5,000.00 for false swearing; and (2) Provide the board with a sworn statement of the applicant that he or she applied for membership in the fund and was denied membership, or that he or she was actively prevented from making such application because of his or her race or ethnicity. Such statement shall be subject to a civil fine of $5,000.00 for false swearing. (d) As soon as practicable following the last day for application, the board of trustees shall cause the actuary for the fund to determine the amount of funding necessary to grant the creditable service to all members whose applications are accepted and approved in accordance without creating any actuarial accrued liability as to the fund, in accordance with the provisions of Chapter 20 of this title, the 'Public Retirement Systems Standards Law.' A pro rata portion of one-half of such amount, determined by the number of months of creditable service requested by each person, shall be assigned as such persons employee contribution required to receive such creditable service. The board of trustees shall notify each applicant of his or her pro rata share, and each such person shall pay such amount to the board of trustees not later than March 1, 2007, or thereafter be ineligible to receive such creditable service. During the regular 2007 session, the General Assembly may appropriate funds sufficient to cover one-half of the amount determined by the actuary as necessary to grant the creditable service, together with any portion of the total required employee contribution which was not received by the board of trustees from the applicants by March 1, 2007. (e) The creditable service provided for in subsection (a) of this Code section shall be granted on July 1, 2007, only if the board of trustees receives the full amount determined by the actuary necessary to implement the provisions of this Code section.

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3647

Otherwise, the board of trustees shall refund all amounts received from the members as employee contributions, together with regular interest thereon, and this Code section shall thereafter have no effect.
SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
March 23, 2006
The Honorable Bill Heath, Chairman Senate Retirement Committee Paul D. Coverdell Office Building, Room 304-B Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Substitute to House Bill 101 (LC 21 8981S)
Dear Chairman Heath:
This bill would amend provisions relating to creditable service for active members of the Peace Officers' Annuity and Benefit Fund. Specifically, this bill would authorize certain members to obtain creditable service for prior service as a peace officer which was

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rendered before January 1, 1976. Members wishing to obtain such creditable service must make a written application to the board by December 31, 2006. Such members must also provide proof of prior service and provide a sworn statement that he/she applied for membership in the Fund at that time, and was denied membership in the Fund because of his or her race or ethnicity. Members who provide false information would be subject to a civil fine of $5,000.
Following the last day of application, the actuary would be responsible for determining the amount of funding necessary to grant the creditable service to the affected members. Once the full cost is determined, each member seeking creditable service would be required to pay a pro-rata portion of one-half of the cost, as determined by the actuary. Such members are required to make their payments no later than March 1, 2007.
According to the provisions of this legislation, during the regular 2007 session of the General Assembly, the General Assembly may then appropriate funds sufficient to cover one-half of the amount determined by the actuary as necessary to grant the creditable service, together with any portion of the total required employee contribution which was not paid by the applicants on or before March 1, 2007. Creditable service shall be granted to such members on July 1, 2007, only if the board of trustees receives the full amount determined by the actuary. Otherwise, the board of trustees shall refund all amounts received from the members as employee contributions, together with regular interest. In the event sufficient funding is not received, this Code section shall have no effect.
This is to certify that this substitute bill is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. This bill would not result in any cost to the State during the year in which the bill is enacted. Any cost to the State, if any, shall be determined by a future General Assembly, after the cost has been determined by an actuarial investigation. Therefore, an actuarial investigation is not required until such time as the applications for creditable service have been received.
Respectfully,
/s/ Russell W. Hinton State Auditor
On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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3649

E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr (PRS)
Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 101, having received the requisite constitutional majority, was passed by substitute.

Senator Cagle of the 49th assumed the Chair.

The Calendar was resumed.

HB 344. By Representative Cummings of the 16th:

A BILL to be entitled an Act to amend Code Section 47-7-101 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Georgia Firefighters Pension Fund, withdrawal of application for benefits before approval, and reemployment, so as to provide that the benefits of a firefighter who returns to service after retirement may exceed his or her previous benefit after he or she has acquired one years service after such reemployment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st.

The following Fiscal Note, as required by law, was read by the Secretary:

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Department of Audits and Accounts
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
January 31, 2005
The Honorable Bill Cummings State Representative Legislative Office Building, Room 604-A Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 344 (LC 21 8081)
Dear Representative Cummings:
This bill would amend provisions relating to retirement benefits for members of the Georgia Firefighters' Pension Fund. Specifically, this bill would allow for a benefit increase for certain members who return to service after retirement. Currently, retirement benefits are suspended for retired members who return to service. Once such reemployment is ceased, retirement benefits are reinstated at the same amount, unless the member was reemployed for seven or more years. Those members would be eligible for a benefit increase. Under the provisions of this bill, retirement benefits would be recalculated to include the creditable service earned during such reemployment for any member who was reemployed for at least one year.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,
/s/ Russell W. Hinton State Auditor

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3651

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
October 25, 2005
Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 344 (LC 21 8081) Georgia Firefighters' Pension Fund
Dear Chairman Bridges:
This bill would amend provisions relating to retirement benefits for members of the Georgia Firefighters' Pension Fund. Specifically, this bill would provide that retired members may accrue additional benefits if they become reemployed for at least one year after retirement. Currently, retired members must be reemployed for seven years before they become eligible for additional benefits. Under the provisions of this bill, the retirement benefits payable to a retired member would continue to be suspended during this period of reemployment.
The first year cost of this legislation would be $5,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This is the cost required each year to fund the normal cost. Currently, revenues for the Fund are generated from member contributions, the 1% tax on gross premiums issued by fire insurance companies in Georgia, and interest on the Fund's assets. Based on information obtained from the actuary, revenues generated by the Fund are sufficient to cover the full cost of this bill. The cost estimate is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to

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be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will

result from the bill.

$

0

(2) The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

$

0

(3) The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

N/A

(4) The amount of the annual normal cost which will result from the bill. $ 5,000

(5) The employer contribution rate currently in effect.

1% tax on premiums

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

1% tax on premiums

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 0*

* This bill would increase costs in the first year by $5,000. However, based on information obtained from the actuary, the amount of revenues currently generated by the Fund is sufficient to cover any additional costs associated with this legislation. Therefore, it would not be necessary to increase the annual employer contribution in order to fund this legislation.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Respectfully,
/s/ Russell W. Hinton State Auditor

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3653

The Senate Retirement Committee offered the following substitute to HB 344:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to change certain definitions; to provide for requirements for creditable service; to provide for current membership; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, is amended by striking paragraphs (3) and (7) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof, respectively, the following:
(3) 'Firefighter' means a person who is a full-time employee of a fire department who in the course of full-time employment by and within a department either:
(A) Is is a candidate for or holds a current firefighters certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; or (B) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services.
SECTION 2. Said chapter is further amended by inserting immediately following paragraph (3) of Code Section 47-7-1, relating to definitions, a new paragraph to read as follows:
(3.1) 'Full-time employment' means working at a permanent job position for at least 40 hours a week.

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SECTION 3. Said chapter is further amended by inserting immediately following paragraph (5) of Code Section 47-7-1, relating to definitions, a new paragraph to read as follows:
(5.1) 'Part-time employment' means working at a permanent job position for less than 40 hours a week.
SECTION 4. Said chapter is further amended by striking in its entirety paragraph (7) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof the following:
(7) 'Volunteer firefighter' means an individual who is appointed and regularly enrolled as a volunteer, with or without compensation, with a fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23.
SECTION 5. Said chapter is further amended by inserting at the end of Code Section 47-7-40, relating to eligibility to apply for membership in the Georgia Firefighters Pension Fund, a new subsection to read as follows:
(c) Any person who, on June 30, 2006, was an active member of the fund by virtue of holding a position other than as a certified firefighter or a candidate for such certification, in accordance with the qualifications for membership in effect on that date, shall be entitled to remain a member of the fund; provided, however, that if such person has a break in membership any future membership shall be subject to laws and regulations in effect at such time.
SECTION 6. Said chapter is further amend by inserting at the end of Code Section 47-7-81, relating to the effect of failure of volunteer fire department to hold required drills; effect of volunteer firefighters failure to meet attendance requirements, a new subsection to read as follows:
(c) The board is authorized to prescribe the monthly and annual hourly requirements in conjunction with the Georgia Firefighter Standards and Training Council necessary to receive credit for service toward retirement and other benefits under this chapter and to establish the form of reports required to be filed with the board concerning such matters and the time within which such reports must be filed with the board. In no case shall the average weekly hourly requirement be less than 20 hours per week for any calendar year.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 28, 2006 The following Fiscal Note, as required by law, was read by the Secretary:

3655

Department of Audits and Accounts
270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

March 3, 2006

The Honorable Bill Heath, Chairman Senate Retirement Committee Paul D. Coverdell Office Building, Room 304-B Atlanta, Georgia 30334

Dear Chairman Heath:

SUBJECT: State Auditor's Certification Substitute to House Bill 344 (LC 21 8871S)

This bill would amend provisions relating to membership in the Georgia Firefighters' Pension Fund. Under the provisions of this bill, persons who perform certain support functions for fire prevention and fire suppression activities within a fire department would no longer be eligible for membership in the Fund. Persons who are in the Fund as of June 30, 2006, and who hold such positions would be authorized to retain their membership. Therefore, this provision would only affect persons hired on or after July 1, 2006. This bill would also authorize the board to establish monthly and annual work requirements for volunteer firefighters, however, the average weekly hourly requirement may not be less than 20 hours per week for any calendar year. Members who work less than the minimum established by the board would not receive creditable service for such period of time that the minimum work hours were not achieved.

This is to certify that this substitute bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law.
Respectfully,

/s/ Russell W. Hinton State Auditor

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On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y Brown Y Bulloch
Butler Cagle (PRS) Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
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 Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

HB 344, having received the requisite constitutional majority, was passed by substitute.

HB 710. By Representatives Jenkins of the 8th, Bridges of the 10th, Ralston of the 7th, Roberts of the 154th, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates identifying persons with diabetes; to provide for issuance, renewal, fees, licensing agreements,

TUESDAY, MARCH 28, 2006

3657

applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 46th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y Brown Y Bulloch
Butler Cagle (PRS) Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
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 Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 1.

HB 710, having received the requisite constitutional majority, was passed.

Senator Chance of the 16th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

HB 1238. By Representatives Rice of the 51st, Mills of the 25th, Ehrhart of the 36th, Hill of the 21st, Coan of the 101st and others:

A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency

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transactions, so as to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Hamrick of the 30th.
The Senate Banking and Financial Institutions Committee offered the following substitute to HB 1238:
A BILL TO BE ENTITLED AN ACT
To amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to define terms; to require registration with the Governors Office of Consumer Affairs; to provide for notification of repossession of a motor vehicle; to provide for redemption of the motor vehicle; to provide for a commercially reasonable sale; to provide for a return of surplus from the sale to the pledgor; to require a mandatory principal payment in certain situations; to provide for additional disclosures on motor vehicle title pawn tickets; to provide procedures for military members and their spouses; to provide for related matters; to provide for severability; 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. Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by inserting new paragraphs (1.1) and (1.2) in Code Section 44-12-130, relating to definitions relevant to pawnbrokers, to read as follows:
(1.1) 'Motor vehicle title pawn' or 'title pawn' means a pawn transaction wherein the pawnbroker maintains possession of a motor vehicle certificate of title, and not the actual motor vehicle, pursuant to paragraph (5) of this Code section. (1.2) 'Motor vehicle title pawn agreement' means a written agreement evidencing a motor vehicle title pawn.
SECTION 2. Said part is amended by inserting a new Code Section 44-12-130.1 immediately following Code Section 44-12-130, relating to definitions relevant to pawnbrokers, to read as follows:

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3659

44-12-130.1. Any business that offers or makes motor vehicle title pawns shall be required to register with the Governors Office of Consumer Affairs. Such registration shall disclose the name of the business, the name of the person or entity owning the business, the number of repossessions of motor vehicles the business initiated in the previous year, and the address of all locations operating within the State of Georgia. A reasonable fee for registration shall be established by the Governors Office of Consumer Affairs. The registration shall be renewed every year.
SECTION 3. Said part is further amended by striking Code Section 44-12-131, relating to pawn transactions, in its entirety and inserting in its place the following:
44-12-131. (a)(1) All pawn transactions shall be for 30 day periods but may be extended or continued for additional 30 day periods. (2) A pawnbroker shall not lease back to the seller or pledgor any motor vehicle during a pawn transaction or during any extension or continuation of the pawn transaction.
(3)(A) Unless otherwise agreed, a A pawnbroker has upon default the right to take possession of the motor vehicle that is the subject of a motor vehicle title pawn agreement. At least ten days prior to repossession, the pawnbroker shall send written notice to the pledgor by certified mail or statutory overnight delivery, return receipt requested, indicating that repossession may occur. The notice shall be sent to the address provided to the pawnbroker by the pledgor at the time the motor vehicle title pawn agreement was executed or the last address thereafter provided to the pawnbroker by the pledgor in writing. The pledgor shall be advised to remove all of his or her personal property from the vehicle before the repossession occurs. The pawnbroker need only send one such notice during the life of the title pawn transaction and any extensions thereof notwithstanding subsequent defaults. In taking possession, the pawnbroker or his the pawnbrokers agent may proceed without judicial process if this can be done without breach of the peace or may proceed by action. (B) Notwithstanding any other law to the contrary, including but not limited to Code Section 44-14-403, if a pawnbroker obtains possession of a motor vehicle as permitted in subparagraph (A) of this paragraph, the pawnbroker shall send a notice to the pledgor by certified mail or statutory overnight delivery, return receipt requested, informing the pledgor that the pledgor has 20 days from the date of such notice to redeem the motor vehicle by paying to the pawnbroker all amounts owed. The amounts owed shall be disclosed to the pledgor and shall be calculated pursuant to the provisions of this subsection. During this 20 day period, the pledgor shall have the right to redeem the motor vehicle and certificate of title by paying to the pawnbroker the unpaid principal amount of the pawn, the unpaid interest, and

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pawnshop charges calculated at the rates charged by the pawnbroker in accordance with subparagraphs (A) and (B) of paragraph (4) of this subsection for each 30 day period from the date of the title pawn agreement through the date of repossession, plus the repossession and storage expenses permitted pursuant to subparagraph (C) of paragraph (4) of this subsection. (C) In the event the pledgor does not redeem the motor vehicle within the 20 day redemption period required by subparagraph (B) of this paragraph, the pawnbroker shall sell the motor vehicle. The pawnbroker must sell the motor vehicle in a commercially reasonable manner within 60 days of the expiration of the 20 day redemption period. Any amount received from such sale in excess of the unpaid principal amount of the pawn, the unpaid interest and pawnshop charges calculated pursuant to subparagraph (B) of this paragraph, plus the repossession and storage expenses actually and reasonable incurred by the pawnbroker, shall be returned to the pledgor within 15 days. For the purposes of this subsection, a sale is made in a commercially reasonable manner if the sale is made at any generally known motor vehicle auction or otherwise in conformity with reasonable commercial practices among dealers in used motor vehicles. (4)(A) During the first 90 days of any pawn transaction or extension or continuation of the pawn transaction, a pawnbroker may charge for each 30 day period interest and pawnshop charges which together equal no more than 25 percent of the principal amount advanced, with a minimum charge of up to $10.00 per 30 day period. (B) On any pawn transaction which is continued or extended beyond 90 days, a pawnbroker may charge for each 30 day period interest and pawnshop charges which together equal no more than 12.5 percent of the principal amount advanced, with a minimum charge of up to $5.00 per 30 day period. (C) Notwithstanding any provision of this part to the contrary, prior to the commencement of the fourth extension or continuation of a motor vehicle title pawn agreement and prior to the commencement of each successive extension or continuation thereafter, the pledgor shall be required to make a payment of at least 5 percent of the original principal amount of the title pawn transaction in addition to the earned interest and pawnshop charges authorized by this part. Interest and pawnshop charges authorized by this part at each successive extension or continuation shall be calculated on the outstanding principal balance. If at the commencement of any extension or continuation requiring a principal reduction the pledgor has not made previous principal reductions adequate to satisfy the current required principal reduction, and the pledgor does not repay at least 5 percent of the original principal balance as well as any outstanding interest and pawnshop charges, the pawnbroker may either, at its option, decline to further extend or continue the pawn transaction and declare that the current maturity date is the final maturity date or defer any required principal payment until a future payment date. No further interest or pawnshop charges may accrue on any such principal amount so deferred. (C)(D) In addition to the charges provided for in subparagraphs (A) and (B) of this

TUESDAY, MARCH 28, 2006

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paragraph, in a pawn transaction or in any extension or continuation of a pawn transaction involving a motor vehicle or a motor vehicle certificate of title, a pawnbroker may charge the following:
(i) A fee equal to no more than any fee imposed by the appropriate state to register a lien upon a motor vehicle title, but only if the pawnbroker actually registers such a lien; (ii) No more than $5.00 per day in storage fees, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbrokers possession and only for each day the pawnbroker must actually retain possession of the motor vehicle; and (iii) A repossession fee of $50.00 within 50 miles of the office where the pawn originated, $100.00 within 51 to 100 miles, $150.00 within 101 to 300 miles and a fee of $250.00 beyond 300 miles, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbrokers possession. (D)(E) If a pledgor or seller requests that the pawnbroker mail or ship the pledged item to the pledgor or seller, a pawnbroker may charge a fee for the actual shipping and mailing costs, plus a handling fee equal to not more than 50 percent of the actual shipping and mailing costs. (E)(F) In the event the pledgor or seller has lost or destroyed the original pawn ticket, a pawnbroker may, at the time of redemption, charge a fee equal to not more than $2.00. (5) No other charge or fee of any kind by whatever name denominated, including but not limited to any other storage fee for a motor vehicle, or any prepayment penalty, shall be made by a pawnbroker except as set out in paragraph (4) of this subsection. (6) No fee or charge provided for in this Code section may be imposed unless a disclosure regarding that fee or charge has been properly made as provided for in Code Section 44-12-138. (7)(A) Any interest, fees, or charges collected which are undisclosed, improperly disclosed, or in excess of that allowed by this subsection may be recovered by the pledgor or seller in an action at law in any superior court of appropriate jurisdiction. (B) In any such action in which the pledgor or seller prevails, the court shall also award reasonable attorneys fees, court costs, and any expenses of litigation to the pledgor or seller. (C) Before filing an action under this Code section, the pledgor or seller shall provide the pawnbroker with a written notice by certified mail or statutory overnight delivery, return receipt requested, that such an action is contemplated, identifying any fees or charges which the pledgor or seller contends are undisclosed, improperly disclosed, or in excess of the fees and charges allowed by this Code section. If the court finds that during the 30 days following receipt of this notice the pawnbroker made a good faith offer to return any excess, undisclosed, or improperly disclosed charges, the court shall award reasonable attorneys fees, court costs, and expenses of litigation to the pawnbroker.

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(D) No action shall be brought under this Code section more than two years after the pledgor or seller knew or should have known of the excess, undisclosed, or improperly disclosed charges. (b) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amounts permitted under subsection (a) of this Code section shall be uncollectable and the pawn transaction shall be void. All interest and the pawnshop charge allowed under subsection (a) of this Code section shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. (c) A pledgor has the right to cancel the pledgors obligation to make payments under a motor vehicle title pawn agreement until the close of the next business day immediately following the day the pledgor signs a motor vehicle title pawn agreement if the pledgor returns the original check or cash to the location where the pawn was originated. For the purpose of this subsection, the term 'business day' means any day that the title pawn office is open for business.
SECTION 4. Said part is further amended by striking Code Section 44-12-133, relating to manner of keeping and inspection of permanent records of pawnbrokers, in its entirety and inserting in its place the following:
44-12-133. Entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be open to the inspection of any duly authorized law enforcement officer, including a representative from the Governors Office of Consumer Affairs, during the ordinary hours of business or at any reasonable time.
SECTION 5. Said part is further amended in Code Section 44-12-138, relating to restrictions on advertising and required disclosures on pawn tickets, by substituting "(d)" for "(c)" in the introductory language of subsection (b); by redesignating existing subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and by adding a new subsection (c) to read as follows:
(c) In addition to the information required by subsection (b) of this Code section, a pawnbroker shall include the following additional disclosures on any motor vehicle title pawn agreement:
(1) A statement that this pawn transaction is not intended to meet long-term financial needs; (2) A statement that this pawn transaction should only be used to meet short-term cash needs; (3) A statement that the borrower will be required to pay additional interest and fees

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if he or she renews this pawn transaction rather than pay the pawn in full when due; (4) A statement that the borrower is placing at great risk his or her continued ownership of the personal property that he or she is pledging for this pawn transaction, including his or her motor vehicle if that is the property being pledged; (5) A statement that this is a higher interest transaction and that the pledgor should consider what other lower cost options he or she may have; (6) A statement that if the pledgor fails to repay the full amount of the pawn transaction on or before the end of the maturity date or renewal of the pawn transaction the pawnbroker may take possession of the property pledged and sell the property in the manner provided by law; (7) A statement that a pledgor has a right of rescission. Rescission means that a pledgor may cancel his or her contract at no cost by returning the borrowed money by the end of the business day immediately following the date of the pawn transaction. For the purposes of this paragraph, the term 'business day' means any day the pawnbroker is open for business; (8) A statement that if the pledgor loses his or her copy of the title pawn agreement, he or she should immediately advise the pawnbroker in writing; and (9) A statement that complaints about the pawnbrokers actions can be made to the Governors Office of Consumer Affairs.
SECTION 6. Said part is further amended by adding a new Code Section 44-12-139 immediately following Code Section 44-12-138, relating to restrictions on advertising and required disclosures on pawn tickets, to read as follows:
44-12-139. In a motor vehicle title pawn transaction under this part involving a member of the United States military or his or her spouse, the pawnbroker:
(1) Shall not contact the commanding officer of the military member or anyone in the military members chain of command in an effort to collect on a title pawn made by the military member or his or her spouse; (2) Shall be bound by the terms of any repayment agreement that the pawnbroker negotiates through military or third-party counselors; and (3) Shall cease the accrual of interest and pawnshop charges on the pledgors pawn transaction when the member of the military has been deployed to a combat or a combat support post, or when a member of the reserves component of the armed forces or National Guard has been called to active duty, provided such pledgor provides the pawnbroker with proper documentary evidence of such deployment or status. The cessation of interest and pawnshop charges shall continue for the duration of the deployment or active duty status. During such period, the pawnbroker may not withhold additional extension periods to the military pledgor and may not seek possession of the pledgors motor vehicle provided the military pledgor makes equal monthly payments sufficient to repay the remaining principal within four months. The benefit provided by this paragraph shall not apply if the member of the military

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had received orders regarding his or her combat deployment or active duty status prior to taking out the motor vehicle title pawn.
SECTION 7. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 8. This Act shall become effective on July 1, 2006.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch N Butler
Cagle (PRS) Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick

E Hill,Jack Y 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 Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 4.

HB 1238, having received the requisite constitutional majority, was passed by substitute.

HB 728. By Representatives Franklin of the 43rd, Brooks of the 63rd, Jones of the 44th, Cooper of the 41st, Walker of the 107th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Rogers of the 21st.

The Senate Public Safety and Homeland Security Committee offered the following substitute to HB 728:
A BILL TO BE ENTITLED AN ACT

To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for utilization of a rapid response phone system; to provide for nonliability; to provide for construction; to provide for termination of an alert; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting at the end thereof a new article to read as follows:

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ARTICLE 7
38-3-110. This article shall be known and may be cited as the 'Matties Call Act.'
38-3-111. As used in this article, the term:
(1) 'Alert system' means the state-wide 'Matties Call' alert system for missing disabled adults. (2) 'Disabled adult' means an adult who is developmentally impaired or who suffers from dementia or some other cognitive impairment. (3) 'Local law enforcement agency' means a local law enforcement agency with jurisdiction over the investigation of a missing disabled adult.
38-3-112. With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the department shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults.
38-3-113. (a) The director is the state-wide coordinator of the alert system. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives must include instructions on the procedures for activating and deactivating the alert system. (c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.
38-3-113.1. The staff of personal care homes shall call the local police department to report the elopement of any disabled person from the home within 30 minutes of the staff receiving actual knowledge that such person is missing from the home.
38-3-114. (a) The agency shall recruit public and commercial television, radio, cable, print, and other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. (b) The agency may enter into agreements with participants in the alert system to provide necessary support for the alert system.
38-3-115. (a) On notification by a local law enforcement agency that a disabled adult is missing,

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the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:
(1) A local law enforcement agency believes that a disabled adult is missing; (2) A local law enforcement agency believes that the disabled adult is in immediate danger of serious bodily injury or death; (3) A local law enforcement agency confirms that an investigation has taken place that verifies the disappearance and eliminates alternative explanations for the disabled adults disappearance; and (4) Sufficient information is available to disseminate to the public that could assist in locating the disabled adult. (b) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the disabled adult did not leave a certain geographic location. (c) The agency may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system.
38-3-116. Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (a) of Code Section 38-3-115 have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature of the disabled adult and the circumstances surrounding the disappearance. On verification of the criteria, the local law enforcement agency shall immediately contact the agency to request activation and shall supply the necessary information on the forms prescribed by the director.
38-3-117. (a) A state agency participating in the alert system shall:
(1) Cooperate with the department and assist in developing and implementing the alert system; (2) Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated; and (3) Utilize a rapid response telephone system that alerts residents in a targeted area. (b) The Georgia Lottery Corporation is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations.
38-3-118. The director shall terminate any activation of the alert system with respect to a particular disabled adult if:
(1) The adult is located or the disappearance is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating and recovering the disabled adult.

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38-3-119. (a) Any entity or individual participating in the 'Matties call' alert system pursuant to this article shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Mattis call' alert system. (b) Nothing in this article shall be construed to limit or restrict in any way any legal protection an individual or entity may have under any other law for disseminating any information.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Rogers of the 21st and Wiles of the 37th offered the following amendment:
Amend the committee substitute to HB 728 (LC 37 0139S) by inserting "to provide for a state-wide alert for certain criminal suspects;" following "alert;" on line 8 on page 1.
By deleting the quotation marks at the end of line 3 on page 4 and inserting the following between lines 3 and 4 on page 4:
38-3-120. (a) In addition to the state-wide alert system known as 'Matties Call,' there is established a state-wide alert system known as 'Kimberlys Call.' (b) The director shall develop and implement a state-wide alert system to be activated when a suspect for the crime of murder as defined in Code Section 16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public. (c) The provisions of Code Sections 38-3-113, 38-3-114, and 38-3-117 shall also apply to 'Kimberlys Call' as set forth in this Code section. (d) On notification by a local law enforcement agency that a suspect in a case of murder or rape has not been apprehended and may be a serious threat to the public, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:
(1) A local law enforcement agency believes that a suspect has not been apprehended; (2) A local law enforcement agency believes that the suspect may be a serious threat to the public; and (3) Sufficient information is available to disseminate to the public that could assist in locating the suspect. (e) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location. (f) Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (d) have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime.

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(g) The director shall terminate any activation of the alert system with respect to a particular suspect if:
(1) The suspect is located or the incident is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating the suspect. (h) Any entity or individual participating in the 'Kimberlys Call' alert system pursuant to this Code section shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Kimberlys Call' alert system.

On the adoption of the amendment, the yeas were 38, nays 0, and the Rogers, Wiles amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler
Cagle (PRS) 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 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 Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 728, having received the requisite constitutional majority, was passed by substitute.

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The President resumed the Chair.
HR 773. By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th, Maxwell of the 17th, Bearden of the 68th and others:
Senate Sponsor: Senator Balfour of the 9th.
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to change the existing provisions regarding the sales tax for education; to allow for a county school district in which one or more independent school districts are located to authorize, impose, levy, collect, and distribute a sales and use tax for educational purposes without the participation of all the independent school districts located within the county, conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon; to provide for a method of distribution for taxes simultaneously collected by a county school district and an independent school district within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV in its entirety and inserting in lieu thereof a new Paragraph IV to read as follows:
Paragraph IV. Sales tax for educational purposes. (a) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each any one or more independent school district districts located within such county may by concurrent resolutions impose, levy, and collect within such school district or districts a sales and use tax for educational purposes of such school district or districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include:

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(1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g) The net proceeds of the tax shall be distributed to the school district or districts in which the tax is collected; provided, however, that if such a tax is simultaneously collected by a county school district and one or more participating independent school districts within such county, then the net proceeds of the tax shall be distributed between the county school district and the participating independent school district or districts, or portion thereof, located in such county according to an agreement between the county school district and the participating independent school district or districts or, if no agreement can be reached, according to the ratio the student enrollment in each participating school district, or portion thereof, bears to the total student enrollment of all participating school districts in the county or upon such other formula for

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distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time enrollment count prior to the referendum on imposing the tax. (h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. (i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied.
(j)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to change the existing provisions regarding the sales tax for education to allow for a
( ) NO county school district in which one or more independent school districts are located to authorize, impose, levy, collect, and distribute a sales and use tax for educational purposes without the participation of all the independent school districts located within the county, conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon, and to provide for a method of distribution for taxes simultaneously collected by a county school district and an independent school district within the county?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Finance Committee offered the following substitute to HR 773:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to change the existing provisions regarding the sales tax for education; to allow for a county school district in which one or more independent school districts are located to impose that tax on a county-wide basis even if some or all independent school districts decline to participate, conditioned upon approval in a referendum; to provide for a method of distribution for taxes simultaneously collected by a county school district and an independent school district within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV in its entirety and inserting in lieu thereof a new Paragraph IV to read as follows:
Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect within such school district a sales and use tax for educational purposes of such school districts district conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction county voting in a referendum thereon. (2) In any county in which one or more independent school districts are wholly or partially located, the board of education of the county school district may by resolution impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the county voting in a referendum thereon.
(3) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized

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tax shall not be imposed until the expiration of the tax then in effect. (b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include:
(1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g)(1) The net proceeds of the tax shall be distributed to the county school district in which the tax is collected if no independent school district is located therein. (2) The net proceeds of the tax shall be distributed between the county school district and the independent school district or districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For

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purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time enrollment count prior to the referendum on imposing the tax. (h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. (i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied. (j)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to provide that county school systems may continue to authorize and collect the one-cent sales
( ) NO tax for public school capital projects on a county-wide basis, even when a city school system located within a county chooses not to participate; and to provide for voter referendum approval and collection and distribution of taxes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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Senator Weber of the 40th offered the following amendment #1:

Amend the substitute to HR 773 by on line 13 of page 3, strike "FTE full-time enrollment" and

insert "FTE" in its place.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen Y Miles Y Moody N Mullis Y Pearson
Powell Y Reed
Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

N Smith Y Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S
Tolleson N Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 35, nays 15, and the Weber amendment #1 was adopted.

Senator Cagle of the 49th offered the following amendment #2:

Amend the Senate Finance Committee substitute to HR 773 by striking line 1 of page 1 through line 16 of page 4 and inserting in its place the following: Proposing an amendment to the Constitution of Georgia so as to provide that the sole method of distributing proceeds of the sales tax for education shall be according to the ratio of student enrollment in the case where one or more independent school districts are located within a county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VIII, Section VI of the Constitution is amended by striking subparagraph (g) of Paragraph IV in its entirety and inserting in lieu thereof a new subparagraph (g) to read as follows:
(g) The net proceeds of the tax shall be distributed between the county school district
and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax.

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to provide that sole method of distributing proceeds of the sales tax for education shall be
( ) NO according to the ratio of student enrollment in the case where one or more independent school districts are located within a county?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Brown N Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

E Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson

N Smith Y Starr Y Staton Y Stephens N Stoner N Tarver Y Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson

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Golden Y Grant Y Hamrick Y Harbison Y Harp N Heath Y Henson

Powell Y Reed
Rogers Schaefer Y Seabaugh Y Seay Y Shafer,D

N Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 37, nays 13, and the Cagle amendment #2 was adopted.

Senator Heath of the 31st offered the following amendment #3:

Amend the committee substitute to HR 773 by deleting line 1 on page 1 through line 16 on page 4 and replace with language contained in LC 33 1567S

A RESOLUTION

Proposing an amendment to the Constitution of Georgia so as to change the existing provisions regarding the sales tax for education; to allow for a county school district in which one or more independent school districts are located to impose that tax jointly with the independent school districts which opt to participate or by itself if all independent school districts decline to participate, conditioned upon approval in a referendum; to provide for a method of distribution for taxes simultaneously collected by a county school district and an independent school district within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV in its entirety and inserting in lieu thereof a new Paragraph IV to read as follows:
Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of
each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect within such school district a sales and use tax for educational purposes of such school districts district conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (2) In any county in which one or more independent school districts are wholly or partially located, the board of education of the county school district and the board of education of any one or more independent school districts located within such county

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opting to participate, may by resolution impose, levy, and collect a sales and use tax for educational purposes of such participating school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdictions voting in a referendum thereon.
(3) In the event that all independent school districts wholly or partially located within the county decline to participate, the board of education of the county school district may by resolution impose, levy, and collect a sales and use tax for educational purposes of such school district conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (4) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters

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and not to exceed five years. (d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.
(g)(1) The net proceeds of the tax shall be distributed to the county school district in which the tax is collected if no independent school district is located therein.
(2)(A) If such a tax is simultaneously collected by a county school district and one or more participating independent school districts within such county, then the net proceeds of the tax shall be distributed between the county school district and the participating independent school district or districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law the calculation provided for in this subparagraph. For purposes of this subparagraph, student enrollment shall be based on the latest full-time equivalency (FTE) count as conducted twice annually as provided by general law prior to the referendum on imposing the tax. (B) With respect to each participating independent school district, the total distribution of proceeds of the tax to that district shall be calculated as follows:
(i) The number of FTE students residing in and attending the independent school district shall be added to the number of FTE students residing in the county school district and attending in the independent school district; (ii) The number of FTE students residing in the independent school district and attending in the county school district shall be subtracted from the figure derived under subparagraph (2)(B)(i); (iii) The figure derived under subparagraph (2)(B)(ii) shall be divided by the sum of the number of FTE students residing in the county school district and the number of FTE students residing in the independent school district; and (iv) The figure derived under subparagraph (2)(B)(iii) shall be multiplied by the total amount of annual tax proceeds collected pursuant to this paragraph in the county, which shall be the total distribution of proceeds to the independent school district. (C) With respect to the county school district, the total distribution of proceeds of the tax to that district shall be calculated as follows: (i) The number of FTE students residing in and attending in the county school district shall be added to the number of FTE students residing in the independent school district and attending in the county school district;

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(ii) The number of FTE students residing in the county school district and attending in the independent school district shall be subtracted from the figure derived under subparagraph (2)(C)(i); (iii) The figure derived under subparagraph (2)(C)(ii) shall be divided by the sum of the number of FTE students residing in the county school district and the number of FTE students residing in the independent school district; and (iv) The figure derived under subparagraph (2)(C)(iii) shall be multiplied by the total amount of annual tax proceeds collected pursuant to this paragraph in the county, which shall be the total distribution of proceeds to the county school district. (D) Notwithstanding subparagraphs (2)(B) and (2)(C), the county school district and each participating independent school district shall send an amount equivalent to one FTE student for each student residing in such county school district or participating independent school district but attending a school in a district other than the county school district or participating independent school district. (h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. (i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied. (j)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting

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the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to provide that county school systems may continue to authorize and collect the one-cent sales
( ) NO tax for public school capital projects, even when a city school system located within a county chooses not to participate; and to provide for voter referendum approval and collection and distribution of taxes only in participating school system jurisdictions?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the amendment, Senator Balfour of the 9th, called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman N Balfour Y Brown Y Bulloch N Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick N Harbison N Harp Y Heath N Henson

E Hill,Jack N Hill,Judson
Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen N Miles N Moody N Mullis N Pearson
Powell N Reed
Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

Y Smith N Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman N Weber N Whitehead N Wiles N Williams N Zamarripa

On the adoption of the amendment, the yeas were 17, nays 35, and the Heath amendment #3 was lost.

On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted as amended.

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Senator Heath of the 31st offered the following substitute to HR 773:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to change the existing provisions regarding the sales tax for education; to allow for a county school district in which one or more independent school districts are located to impose that tax jointly with the independent school districts which opt to participate or by itself if all independent school districts decline to participate, conditioned upon approval in a referendum; to provide for a method of distribution for taxes simultaneously collected by a county school district and an independent school district within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV in its entirety and inserting in lieu thereof a new Paragraph IV to read as follows:
Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect within such school district a sales and use tax for educational purposes of such school districts district conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (2) In any county in which one or more independent school districts are wholly or partially located, the board of education of the county school district and the board of education of any one or more independent school districts located within such county opting to participate, may by resolution impose, levy, and collect a sales and use tax for educational purposes of such participating school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdictions voting in a referendum thereon.
(3) In the event that all independent school districts wholly or partially located within the county decline to participate, the board of education of the county school district may by resolution impose, levy, and collect a sales and use tax for educational purposes of such school district conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (4) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated,

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relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g)(1) The net proceeds of the tax shall be distributed to the county school district in which the tax is collected if no independent school district is located therein.
(2)(A) If such a tax is simultaneously collected by a county school district and one or more participating independent school districts within such county, then the net

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proceeds of the tax shall be distributed between the county school district and the participating independent school district or districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law the calculation provided for in this subparagraph. For purposes of this subparagraph, student enrollment shall be based on the latest full-time equivalency (FTE) count as conducted twice annually as provided by general law prior to the referendum on imposing the tax. (B) With respect to each participating independent school district, the total distribution of proceeds of the tax to that district shall be calculated as follows:
(i) The number of FTE students residing in and attending the independent school district shall be added to the number of FTE students residing in the county school district and attending in the independent school district; (ii) The number of FTE students residing in the independent school district and attending in the county school district shall be subtracted from the figure derived under subparagraph (2)(B)(i); (iii) The figure derived under subparagraph (2)(B)(ii) shall be divided by the sum of the number of FTE students residing in the county school district and the number of FTE students residing in the independent school district; and (iv) The figure derived under subparagraph (2)(B)(iii) shall be multiplied by the total amount of annual tax proceeds collected pursuant to this paragraph in the county, which shall be the total distribution of proceeds to the independent school district. (C) With respect to the county school district, the total distribution of proceeds of the tax to that district shall be calculated as follows: (i) The number of FTE students residing in and attending in the county school district shall be added to the number of FTE students residing in the independent school district and attending in the county school district; (ii) The number of FTE students residing in the county school district and attending in the independent school district shall be subtracted from the figure derived under subparagraph (2)(C)(i); (iii) The figure derived under subparagraph (2)(C)(ii) shall be divided by the sum of the number of FTE students residing in the county school district and the number of FTE students residing in the independent school district; and (iv) The figure derived under subparagraph (2)(C)(iii) shall be multiplied by the total amount of annual tax proceeds collected pursuant to this paragraph in the county, which shall be the total distribution of proceeds to the county school district. (D) Notwithstanding subparagraphs (2)(B) and (2)(C), the county school district and each participating independent school district shall send an amount equivalent to one FTE student for each student residing in such county school district or participating independent school district but attending a school in a district other

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than the county school district or participating independent school district. (h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. (i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied.
(j)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to provide that county school systems may continue to authorize and collect the one-cent sales
( ) NO tax for public school capital projects, even when a city school system located within a county chooses not to participate; and to provide for voter referendum approval and collection and distribution of taxes only in participating school system jurisdictions?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Due to the adoption of the committee substitute the Heath floor substitute was moot.

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Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.

Senator Harp of the 29th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown N 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 N Heath
Henson

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed
Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Smith N Starr Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman Y Weber Y Whitehead Y Wiles N Williams Y Zamarripa

On the adoption of the resolution, the yeas were 30, nays 21.

HR 773, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Cagle of the 49th moved that the Senate reconsider its action in failing to adopt HR 773.

Senator Cagle of the 49th asked unanimous consent to withdraw his motion that the Senate reconsider its action on HR 773.

The consent was granted, and the motion was withdrawn.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitutes to the following Bills of the House:

HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House insists on its position in substituting the following Bills of the Senate:
SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for

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an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 500.

By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd:

A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The Calendar was resumed.

Senator Cagle of the 49th asked unanimous consent that HB 893 be placed on the Table. The consent was granted, and HB 893 was placed on the Table.

Senator Pearson of the 51st asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill 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.

Senator Grant of the 25th asked unanimous consent that Senator Whitehead of the 24th be excused. The consent was granted, and Senator Whitehead was excused.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following Bill of the House:

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HB 239.

By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

The House has disagreed to the Senate amendment to the following Bill of the House:

HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th and others:
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 Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 523.

By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Calendar was resumed.

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HB 841. By Representatives Stephens of the 164th, Day of the 163rd, Graves of the 137th, Hugley of the 133rd and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to certain sales to qualified job training organizations for a limited period of time; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Johnson of the 1st.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
January 10, 2006
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 841 (LC 18 4381)
Dear Chairman O'Neal:
This bill would exempt from the state sales tax any non-profit organization that is currently exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code and which uses the majority of its revenues for job training and placement programs for the disadvantaged and disabled. The exemption would be repealed on July 1, 2008.

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In order to estimate the revenue impact of this bill, the Georgia State University Fiscal Research Center (FRC) used financial information collected by GuideStar, which provides a database regarding non-profit organizations. Specifically, GuideStar makes available Form 990 data filed with the IRS by non-profit organizations. Four Georgia non-profit organizations were identified that meet the qualification criteria specified in the proposed legislation.
These 990 forms contain information about categories of purchases made. Using the reported amounts of purchases in categories that are subject to the state sales tax for these four non-profit organizations, FRC estimates that this sales tax exemption will result in a revenue loss of $150 to $300 thousand in FY 2007.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Shelley C. Nickel, 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
Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

E Hill,Jack E Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones E Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber E Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Zamarripa

On the passage of the bill, the yeas were 46, nays 1.

HB 841, having received the requisite constitutional majority, was passed.

The following resolution was taken up to consider House action thereto:

SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Appling County, Georgia; authorizing the conveyance of state owned real property located in Baldwin and Wilkinson County, Georgia; authorizing the conveyance of state owned real property located in Bibb County, Georgia; authorizing the conveyance of state owned real property located in Bulloch County, Georgia; authorizing the conveyance of state owned real property located in Emanuel County, Georgia; authorizing the conveyance of state owned real property located in Fannin County, Georgia; authorizing the conveyance of state owned real property located in Forsyth County, Georgia; authorizing the conveyance of state owned real property located in Gilmer County, Georgia; authorizing the conveyance of state owned real property located in Gwinnett County, Georgia; authorizing the conveyance of state owned real property located in Hall County, Georgia; authorizing the conveyance of state owned real property located in Lowndes County, Georgia; authorizing the conveyance of state owned real property located in Screven County, Georgia; authorizing the conveyance of state owned real property located in Telfair County, Georgia; authorizing the conveyance of state owned real property located in Terrell County, Georgia; authorizing the conveyance of state owned real property located in Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.

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WHEREAS: (1) State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; (2) Said real property is all that tract or parcel of land containing 0.637 acres, more or less, and situated, lying and being in the city of Baxley, Georgia, and being more particularly described as follows: Starting where the Southern boundary of Industrial Drive intersects the Eastern right of way of Comas Street and running in a Southwesterly direction along the Southern Boundary of Industrial Drive to an established point; thence in a Southwesterly direction from said established point a distance of 106 feet along the Southern boundary of Industrial Drive to an established point; thence South 7 degrees 00 minutes West a distance of 160 feet to the POINT OF BEGINNING; thence South 79 degrees 30 minutes East a distance of 70 feet to a point; thence South 00 minutes West a distance of 557 feet; thence North 79 degrees 30 minutes West a distance of 70 feet to a point; thence North 7 degrees 00 minutes East a distance of 557 feet to the POINT OF BEGINNING; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 003981 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 Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Appling County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia in April, 1969, from the Tri-County Fair Inc., a Georgia Corporation under the direction of Appling County, Georgia, for a consideration of $10.00; (6) Appling 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 Baldwin and Wilkinson County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in GMD 328, 1714 and 115 of Baldwin and Wilkinson County, Georgia, containing approximately 576 acres, as shown on plat and outlined in yellow attached to that certain letter from Rick Hatten, Chief of Forest Management, Georgia Forestry Commission, to Mr. Frank Wall, Chairman of Call Line Industrial Authority, dated September 21, 2005, and 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 parcel is a portion of Bartram Forest now under the custody of the Georgia

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Forestry Commission; (4) The Georgia Department of Transportation intends to construct the "Fall Line Freeway" which will bisect Bartram Forest and the Fall Line Development Authority is desirous of constructing an industrial park at the intersection of the US Highway 441 and said Fall Line Freeway; (5) It has been determined that the development of said industrial park on the abovedescribed property would be of great economic benefit to the citizens of Baldwin and Wilkinson Counties; (6) The Georgia Forestry Commission, by letter from the director dated September 21, 2005, agrees to the conveyance to the Fall Line Industrial Development Authority with the provision that Georgia Forestry Commission retains timber rights on the 576 +/- acre tract for management and harvesting until such time as the actual conversion of the land use; (7) No conveyance shall be made until the Georgia Forestry Commission formally agrees on the exact acreage to be conveyed to the Fall Line Industrial Development Authority; (8) It would be in the best interest of the State of Georgia to convey the abovedescribed property to the Fall Line Development Authority for the fair market value; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 156 of the 4th Land District in the City of Macon containing 10 acres, more or less, as shown on a plat of survey dated April 19, 1973, containing 5.58 acres prepared by S. J. Gostin Company, Inc. and being on file in the offices of the State Properties Commission as Real Property Record Number 5740, and a portion consisting of approximately 7 acres of that certain tract of land also lying and being in Land Lot 156 of the 4th Land District in the City of Macon containing 23.89 acres, more or less, prepared by S. J. Gostin Company, Inc. and being on file in the offices of the State Properties Commission as Real Property Record Number 5708, 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 located adjacent to the Macon Farmers Market; (4) The Department of Agriculture currently leases the above-described property to Bibb County, and by letter dated October 31, 2005, the Commissioner of Agriculture declared the property surplus; (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 Bulloch County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1547th G. M. District of Bulloch County, Georgia, containing 1.148 acres fronting Southwest of Georgia Highway No. 67, all as shown on a Certificate of Survey prepared by Lamar O. Reddick and dated April 1, 1971, and recorded in Plat Book 10, Page 194, Bulloch County Records, and described according to metes and bounds as follows: BEGINNING at a point on the Northeast boundary of Georgia Highway No. 67, which point is located 546 feet Southeast of Statesboro Kiwanis Club line as measured along the Northeast boundary of Georgia Highway No. 67, and proceeding thence South 29 degrees 30 minutes East a distance of 250.0 feet as measured along the Northeast boundary of Georgia Highway No. 67 to a point; thence North 59 degrees 30 minutes East a distance of 200.0 feet as measured along lands of Statesboro Kiwanis Club to a point; thence North 29 degrees 30 minutes West a distance of 250.0 feet as measured along lands of Statesboro Kiwanis Club to a point; and thence South 59 degrees 30 minutes West a distance of 200.0 feet as measured along lands of Statesboro Kiwanis Club to the point of BEGINNING; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 5215 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 Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Bulloch County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Bulloch County, Georgia in June, 1971, for a consideration of $10.00; (6) Bulloch 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 Emanuel County, Georgia; (2) Said real property is all that tract or parcel of land lying, situate, and being in the 53rd G. M. District of Emanuel County, Georgia, containing One and Sixty-Six OneHundredths (1.66) acres, more or less, and bounded North by a County Road; East, South, and West by other lands of Emanuel County. Said property is more minutely described by plat made by C. L. Gillis, Sr., Surveyor, dated June 26, 1969, which is recorded in the Office of Clerk, Emanuel Superior Court, in Plat Book 5, Page 92; as described on that certain deed of conveyance to the State of Georgia being recorded as

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Real Property Number 004001 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 Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Emanuel County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Emanuel County, Georgia in June 1969 for a consideration of $10.00; (6) Emanuel 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 Fannin County, Georgia; (2) Said real property is all that tract or parcel of land containing 3.56 acres, more or less, situated, lying and being in Land Lot 315, 8th District and 2nd Section of Fannin County, Georgia, and located within the corporate city limits of the City of Blue Ridge and being more exactly described as follows: BEGINNING at a point on the South right of way line of Willingham Circle said point being marked by an iron pipe and located South 68 degrees, 15 minutes, 28 seconds, West 1035.35 feet from the iron pipe which marks the Northeast corner of said lot of land to its intersection with the East right of way line of Georgia Highway 5 said intersection being marked by an iron pipe, the traverse being as follows: South 63 degrees, 16 minutes West 224.30 feet, South 59 degrees, 37 minutes West, 369.06 feet; thence South 30 degrees, 50 minutes East, 100.00 feet to a point marked by an iron pipe; thence North 66 degrees, 10 minutes East 490.00 feet to a point marked by an iron pipe; thence North 8 degrees, 19 minutes West 218.00 feet to a point marked by an iron pipe; thence North 48 degrees, 42 minutes West 87.95 feet to the point of BEGINNING, as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 539 and being on file in the offices of the State Properties Commission, less and except that certain .10 of one acre, more or less, tract of land which was conveyed by the State of Georgia to the City of Blue Ridge, Georgia by QuitClaim Deed dated February 19, 1988, and on file in the offices of the State Properties Commission and recorded as Real Property Record Number 7520, 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 has been used as the Blue Ridge State Farmers Market; (4) The Department of Agriculture currently leases the above-described property to Fannin County, and by letter dated October 13, 2005, the Commissioner of

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Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia in February, 1957, from the City of Blue Ridge, Fannin County, Georgia for a consideration of $10.00; (6) The City of Blue Ridge is desirous of acquiring the above-described property for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property located in Forsyth County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in Land Lot 988 of the 3rd District, 1st Section of Forsyth County and containing a total of approximately 1.27 acres as shown on a plat of survey prepared by William C. Mundy, Georgia Registered Land Surveyor #2131 dated July 8, 1982, as described on those certain deeds of conveyance to the State of Georgia being recorded as Real Property Numbers 7140 and 7141, 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 Georgia Forestry Commission and was used as the Forsyth County Office; (4) The Georgia Forestry Commission currently leases the above-described property to Forsyth County, and by letter dated October 17, 2005, the Director of the Forestry Commission declared the property surplus; (5) It would be in the best interest of the State of Georgia to sell the above-described property by competitive bid; and
WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property located in Gilmer County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 159 and 160 of the 11th District, 2nd Section of Gilmer County and containing 120 acres, more or less, as shown on a plat of survey prepared by Joel Jordan, Georgia Registered Land Surveyor #2430 dated November 30, 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 Rich Mountain Wildlife Management Area, now under the custody of the Department of Natural Resources; (4) Rhonda Chatham and David Wallace Stover have agreed to convey two (2) parcels containing 148.87 acres, more or less, constituting inholdings within Rich Mountain Wildlife Management Area in exchange for the above-described state owned parcel;

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(5) It has been determined that the value of the property to be conveyed to Rhonda Chatham and David Wallace Stover is equal to the value of the property to be acquired by the state and Rhonda Chatham and David Wallace Stover have agreed to pay all expenses relative to the land exchange; (6) The Department of Natural Resources by resolution dated December 7, 2005, 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 Gwinnett 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 74 of the 7th District, Gwinnett County, Georgia and being more particularly described on a plat of survey prepared by Lloyd C. McNally Jr. Georgia Registered Land Surveyor #2040 dated May 22, 1985, and revised July 16, 1985, and July 29, 1985, a copy of which is recorded in plat book 32, page 42 in the office of clerk of Superior Court in Gwinnett County, Georgia, 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 Labor and the physical facilities located thereon were formerly used as the local office of the Department of Labor; (4) The Department of Labor, by letter from the commissioner dated December 23, 2005, has determined that such improved real property and the physical facilities located thereon cannot any longer fulfill its needs and that replacement physical facilities to be situated on real properties at other locations in the same city or abovereferenced county is necessary; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 135 and 138 of the 10th Land District of Hall County, Georgia, and containing 5.69 acres more or less and outlined in yellow on a plat of survey prepared by Ralph G. Holland, Georgia Surveyor dated November 1, 1957, 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 existing Georgia State Patrol Post #16 in the City of Gainesville now under custody of the State of Georgia Department of Public Safety; (4) The governing authority of Hall County has proposed that Hall County finance and construct a new building and other appropriate facilities upon said property to

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house Post #16 and its operations; (5) Hall County must acquire the above-described property for the purpose of issuing bonds to finance construction of said building and appropriate facilities; (6) After a period of 15 years, Hall County will convey the above-described improved property to the state for a consideration of $1.00; (7) It is in the best interest of the Georgia State Patrol and Department of Public Safety and the public safety generally to utilize such new buildings and facilities to house Georgia State Patrol Post #16 and its operations; (8) The Department of Public Safety by resolution dated February 15, 2006, recommends transfer of said property to Hall County for the construction of new State Patrol Post #16; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Lowndes County, Georgia; (2) Said real property is all that tract or parcel of land containing 1.32 acres more or less situated, lying and being in Land Lot 34 of the 11th Land District, Lowndes County, Georgia, and may be more particularly described on a plat of survey made by Harris Surveying and Engineering Company, Inc. dated June 30, 1989, and recorded in plat book 34, page 35 in the office of the clerk of Superior Court, Lowndes County, Georgia 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 Labor and the physical facilities located thereon were formerly used as the local office of the Department of Labor; (4) The Department of Labor, by letter from the commissioner dated December 23, 2005, has determined that such improved real property and the physical facilities located thereon cannot any longer fulfill its needs and that replacement physical facilities to be situated on real properties at other locations in the same city or abovereferenced county is necessary; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Screven County, Georgia; (2) Said real property is all that certain tract or parcel of land situate, lying and being in the 34th G. M. District of Screven County, Georgia, containing seven and fifteen hundredth (7.15) acres, more or less, and bounded as follows: On the Northeast by Sylvania-Rocky Ford Public Road as now established and lands of Mrs. Elizabeth Z. Pierce, a branch separating the lands herein conveyed from lands of Mrs. Pierce; on the Southeast by a public county road, known as the "Cavie Howard Road," the center line; on the South and Northwest by other lands of Screven County. For a more particular description reference is made to a plat of survey by Robert L. Bell,

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Surveyor, dated May 30, 1967, and recorded in Plat Book 10, Page 284, public records of Screven County, Georgia; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 004761 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 Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Screven County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Screven County, Georgia in June, 1967, for a consideration of $1.00; (6) Screven 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 Telfair County, Georgia; (2) Said property is all that tract or parcel of land lying and being in Land Lot 176 of the 10th Land District, City of Helena, Telfair County, Georgia, and containing 0.135 acres more or less, as shown on a plat of survey prepared by Grady Boney, Georgia Registered Land Surveyor #2460 dated May 3, 2001, and revised November 3, 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 existing Georgia State Patrol Post #16 located in the City of Helena now in the custody of the State of Georgia, Department of Public Safety; and (4) Ronald E. Eddie Cravey and Russell Cravey have agreed to convey a parcel of land containing 0.236 acres more or less, being a tract of land contiguous to the existing State Patrol Post #16, in exchange for the above-described state owned parcel; (5) The exchange of properties would resolve the encroachment of a communication tower gray wire placed on the Cravey property by the state patrol; (6) The Georgia Department of Public Safety by resolution dated February 15, 2006, 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 Terrell County, Georgia; (2) Said real property is all that tract or parcel of land containing .5 acres situated, lying and being in the 4th District of Terrell County and being more particularly

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described as follows: Run South from intersection of North lot line of Lot 288 in the 4th Land District and Herod Road, a distance of 1540 feet along Herod Road to point of BEGINNING; thence run West 165 feet, thence South 132 feet, thence East 165 feet to Herod Road, thence North 143 feet along Herod Road to point of BEGINNING, as contained on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 1292 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 Georgia Forestry Commission and was used as the Terrell County Office; (4) The Georgia Forestry Commission currently leases the above-described property to Terrell County, and by letter dated October 17, 2005, the Commissioner of Forestry declared the property surplus; (5) The above-described property was acquired in 1958 from W. J. Mathis for a consideration of $2.00; (6) It would be in the best interest of the State of Georgia to sell the above-described property by competitive bid; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land containing 2.73 acres, more or less, and situated, lying and being in Land Lots 39 and 40 of the 12th District, 3rd Section of Whitfield County, Georgia and being more particularly described as parcel numbers 3 and 6 of the Western and Atlantic Valuation Map Number V2 / 51 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 and is located adjacent to the historic Tunnel Hill Depot at Chetoogeta Railroad Tunnel, commonly known as Tunnel Hill Tunnel; (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 of Georgia; (5) Whitfield County is desirous of acquiring the above-described property for public purpose.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described Appling County, Georgia 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 real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Appling 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 3. That the authorization in this resolution to convey the above-described property interest shall expire three 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 conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Appling County, Georgia 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 Department of Agriculture until this property is conveyed.
ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above- described Baldwin / Wilkinson County, Georgia 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 8. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to the Fall Line Industrial Development Authority for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interests of the State of

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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 9. That the Georgia Forestry Commission, by letter dated September 21, 2005, agrees to the conveyance to the Fall Line Industrial Development Authority with the provision the Georgia Forestry Commission retains timber rights on the 576 +/- acre tract for management and harvesting until such time as the actual conversion of the land use.
SECTION 10. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 12. That the deed of conveyance shall be recorded by the grantee in the Superior Courts of Baldwin and Wilkinson Counties, Georgia and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 13. That custody of the above-described property shall remain in the Georgia Forestry Commission until this property is conveyed.
ARTICLE III SECTION 14.
That the State of Georgia is the owner of the above-described Bibb County, Georgia 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 15. 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.

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SECTION 16. That the authorization in this resolution to sell the above-described property by competitive bid shall expire three years after the date that this resolution becomes effective.
SECTION 17. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 18. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 19. That custody of the above-described property shall remain in the Department of Agriculture until this property is sold.
ARTICLE IV SECTION 20.
That the State of Georgia is the owner of the above-described Bulloch County, Georgia 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 21. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Bulloch 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 22. 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 23. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 24. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bulloch County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 25. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed.
ARTICLE V SECTION 26.
That the State of Georgia is the owner of the above-described Emanuel County, Georgia 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 27. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Emanuel 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 28. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 29. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 30. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Emanuel County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 31. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed.
ARTICLE VI SECTION 32.
That the State of Georgia is the owner of the above-described Fannin County, Georgia 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 33. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to the City of Blue Ridge, Fannin County, Georgia 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 34. 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 35. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 36. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fannin County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 37. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed.
ARTICLE VII SECTION 38.
That the State of Georgia is the owner of the above-described Forsyth County, Georgia 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 39. 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 40. That the authorization in this resolution to sell the above-described property by competitive bid shall expire three years after the date that this resolution becomes effective.

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SECTION 41. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 42. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Forsyth County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 43. That custody of the above-described property shall remain in the Georgia Forestry Commission until this property is sold.
ARTICLE VIII SECTION 44.
That the State of Georgia is the owner of the above-described Gilmer County, Georgia 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 45. That the above-described real property may be conveyed to Rhonda Chatham and David Wallace Stover, acting by and through the State Properties Commission in exchange for 2 parcels containing 148.87 acres owned by Rhonda Chatham and David Wallace Stover with Rhonda Chatham and David Wallace Stover to pay all costs associated with the exchange, 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 46. That the authorization in this resolution to exchange the above-described properties shall expire three years after the date that this resolution becomes effective.
SECTION 47. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 48. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gilmer County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 49. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed.
ARTICLE IX SECTION 50.
That the above-referenced improved real property is located in and more particularly described and referred to as:
1535 Atkinson Road Lawrenceville Road Gwinnett County, Georgia; and
SECTION 51. That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the disposition by sale, lease, or exchange of said improved properties, the State of Georgia is acting by and through its State Properties Commission. In its handling of said dispositions by sale, lease, or exchange, the State Properties Commission shall act for the benefit of the Department of Labor in fulfilling the departments abovereferenced improved real property replacement needs. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real properties for considerations which enable the Department of Labor to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Section 45-12-92 of the O.C.G.A. or any other provision of law, the State Properties Commission may permit any cash considerations received from said dispositions to be retained by the Department of Labor and applied by it to acquisition, construction, and equipping of such replacement facilities; and, similarly, any in-kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement needs.
SECTION 52. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Labor, to dispose of, by sale, lease, or exchange, during the present and following years, the record title of the State of Georgia in and to any or all of the above-described improved real property for a monetary or in-kind 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 of said improved real property and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Labor. If any such disposition of said abovedescribed improved real properties is by sale or exchange, the conveyance by the State of Georgia shall be by quitclaim deed.

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SECTION 53. That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by sale, lease, or exchange of each respective parcel of said above-described improved real property. As an indispensable part of the grant of authority contained in this resolution, it is further provided that before any transaction authorized hereby may be consummated or closed that 30 days in advance thereof the State Properties Commission shall report the full terms and conditions of such transaction to the chairpersons of the House Committee on State Institutions and Property and the Senate Committee on State Institutions and Property.
SECTION 54. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the State of Georgia be filed with the State Properties Commission and accompanied by a plat of survey of the property conveyed, the plat of survey of each of the parcels of the above-described improved real properties, the dispositions of which by sale, lease, or exchange are authorized by this resolution, approved by the State Properties Commission shall constitute an acceptable plat of survey of that particular parcel for filing with the State Properties Commission.
ARTICLE X SECTION 55.
That the State of Georgia is the owner of the above-described Hall County, Georgia 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 56. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Hall County for a consideration of $1.00, so long as the property is used for public purposes, 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 57. 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 58. 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 59. That the deed of conveyance shall be recorded by the grantee in their Superior Court of Hall County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 60. That custody of the above-described property shall remain in the Department of Public Safety until this property is conveyed.
ARTICLE XI SECTION 61.
That the above-referenced improved real property is located in and more particularly described and referred to as:
2808 North Oak Street Valdosta Lowndes County, Georgia; and
SECTION 62. That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the disposition by sale, lease, or exchange of said improved properties, the State of Georgia is acting by and through its State Properties Commission. In its handling of said dispositions by sale, lease, or exchange, the State Properties Commission shall act for the benefit of the Department of Labor in fulfilling the departments abovereferenced improved real property replacement needs. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real properties for considerations which enable the Department of Labor to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Section 45-12-92 of the O.C.G.A. or any other provision of law, the State Properties Commission may permit any cash considerations received from said dispositions to be retained by the Department of Labor and applied by it to acquisition, construction, and equipping of such replacement facilities; and, similarly, any in-kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement needs.
SECTION 63. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Labor, to dispose of, by sale, lease, or exchange, during the present and following years, the record title of the State of Georgia in and to any or all of the above-described improved real property for a monetary or in-kind 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 of said

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improved real property and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Labor. If any such disposition of said abovedescribed improved real properties is by sale or exchange, the conveyance by the State of Georgia shall be by quitclaim deed.
SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by sale, lease, or exchange of each respective parcel of said above-described improved real property. As an indispensable part of the grant of authority contained in this resolution, it is further provided that before any transaction authorized hereby may be consummated or closed that 30 days in advance thereof the State Properties Commission shall report the full terms and conditions of such transaction to the chairpersons of the House Committee on State Institutions and Property and the Senate Committee on State Institutions and Property.
SECTION 65. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the State of Georgia be filed with the State Properties Commission and accompanied by a plat of survey of the property conveyed, the plat of survey of each of the parcels of the above-described improved real properties, the dispositions of which by sale, lease, or exchange are authorized by this resolution, approved by the State Properties Commission shall constitute an acceptable plat of survey of that particular parcel for filing with the State Properties Commission.
ARTICLE XII SECTION 66.
That the State of Georgia is the owner of the above-described Screven County, Georgia 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 conveyed by appropriate instrument, acting by and through the State Properties Commission to Screven 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 68. 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 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 Screven County, Georgia 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 Department of Agriculture until this property is conveyed.
ARTICLE XIII SECTION 72.
That the State of Georgia is the owner of the above-described Telfair County, Georgia 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 conveyed to Ronald E. Eddie Cravey and Russell Cravey, acting by and through the State Properties Commission in exchange for a parcel containing 0.236 acres owned by Ronald E. Eddie Cravey and Russell Cravey, 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 convey the above-described property shall expire three 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 exchange.
SECTION 76. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Telfair County, Georgia 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 Department of Public Safety until this property is conveyed.

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ARTICLE XIV SECTION 78.
That the State of Georgia is the owner of the above-described Terrell County, Georgia 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 competitive bid, acting by and through 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 interests of the State of Georgia.
SECTION 80. That the authorization in this resolution to sell the above-described property by competitive bid 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 sale.
SECTION 82. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Terrell County, Georgia 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 Georgia Forestry Commission until this property is sold.
ARTICLE XV SECTION 84.
That the State of Georgia is the owner of the above-described Whitfield County, Georgia 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 appropriate instrument, acting by and through the State Properties Commission to Whitfield County, Georgia 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 convey 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 Whitfield County, Georgia 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 State Properties Commission until this property is conveyed.
ARTICLE XVI SECTION 90.
That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 91. That all laws and parts of laws in conflict with this resolution are repealed.
Senator Grant of the 25th asked unanimous consent that the Senate disagree to the House substitute to SR 823.
The consent was granted, and the Senate disagreed to the House substitute to SR 823.
The following bill was taken up to consider House action thereto:
SB 306. By Senators Hamrick of the 30th and Harp of the 29th:
A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The House amendment was as follows:

Amend SB 306 by striking "to change provisions relating to duty of the clerk of superior court to record certain transaction and duties as to lien book;" from lines 1, 2, and 3 of page 1.

By striking lines 12 through 16 of page 1 and inserting in their place the following: striking Code Section 44-14-471, relating to filing of verified

By striking line 33 of page 2 through line 14 of page 3 and inserting in their place "SECTION 2."

By redesignating Sections 5 and 6 as Sections 3 and 4, respectively.

Senator Harp of the 29th offered the following amendment:

Amend the House Amendment to SB 306 (AM 18 1326) by striking lines 2 through 8 of page 1.

Senator Harp of the 29th moved that the Senate agree to the House amendment to SB 306 as amended by the Senate.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden
Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack E Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones E 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 Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S
Tolleson Y Unterman Y Weber E Whitehead Y Wiles Y Williams Y Zamarripa

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On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 306 as amended by the Senate.
The following bill was taken up to consider House action thereto:

HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st:
A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Balfour of the 9th asked unanimous consent that the Senate insist on its substitute to HB 304.
The consent was granted, and the Senate insisted on its substitute to HB 304.

The following bill was taken up to consider House action thereto:
HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Hudgens of the 47th asked unanimous consent that the Senate insist on its substitute to HB 1371.

The consent was granted, and the Senate insisted on its substitute to HB 1371.

The following bill was taken up to consider House action thereto:

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SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Moody of the 56th asked unanimous consent that the Senate adhere to its substitute to SB 413 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, Schaefer of the 50th and Carter of the 13th.
The following bill was taken up to consider House action thereto:
SB 96. By Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th:
A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
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 redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended in Code Section 26-2-21, relating to definitions relative to said article, by striking paragraph (5) of subsection (a), and inserting in lieu thereof the following:
(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises; provided, however, that such term shall not include roadside stands where farm or garden produce is sold. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 120 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted.
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
26-2-25.1. The provisions of Code Section 26-2-25 shall not apply to any:
(1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $10,000.00 or less in a calendar year from all goods sold at retail,

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including but not limited to the prepared food items, subject to the following requirements:
(A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $10,000.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: (A) The products are:
(i) Pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event, food service establishment permitted under Article 13 of this chapter, roadside stand, or farmers market in this state, other than a state farmers market; (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; and (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned.
SECTION 3. Said article is further amended by adding a new Code section to read as follows:
26-2-32.1. (a) It shall be unlawful for any person or firm to advertise for sale any shelled pecans that are less than whole on any outdoor advertising as such term is defined in Code Section 32-6-71 unless such outdoor advertising states, in letters at least one-half as tall and bold as the tallest and boldest type on the outdoor advertising, the size category of shelled pecan materials being offered for sale, such as but not limited to pecan halves, pieces, granules, meal, or any combination thereof. (b) Violation of subsection (a) of this Code section shall constitute dissemination of a false advertisement for purposes of Code Section 26-2-22. Each day that an outdoor advertisement does not conform to the requirements of subsection (a) of this Code section shall constitute a separate offense.
SECTION 4. Article 13 of Chapter 2 of Title 26, relating to food service establishments, is amended by adding a new Code section to read as follows:

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26-2-379. This article shall not apply to any:
(1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $10,000.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to the following requirements:
(A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $10,000.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: (A) The products are:
(i) Pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event, food service establishment permitted under this article, roadside stand, or farmers market in this state, other than a state farmers market; (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; and (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 41st asked unanimous consent that the Senate disagree to the House substitute to SB 96.
The consent was granted, and the Senate disagreed to the House substitute to SB 96.
The following bill was taken up to consider House action thereto:

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HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Thomas of the 54th asked unanimous consent that the Senate insist on its substitute to HB 1178.
The consent was granted, and the Senate insisted on its substitute to HB 1178.
The following bill was taken up to consider House action thereto:
SB 115. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to establish an operating budget reserve; to implement an independent management audit; to implement an annual report on the status of pensions; to implement an annual report of expenses; to revise the provisions regarding collective bargaining agreements; to provide for binding arbitration of disputes; to extend the sunset of certain provisions relating to use of proceeds of a sales and use tax for the Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by adding new subsections (d) through (g) at the end of Section 17 to read as follows:
(d) The Authority shall fund and maintain an operating budget reserve of ten percent (10%) of the Authoritys prior year operating budget revenues. For purposes of this section, the term 'operating budget revenues' shall mean all funds received from federal, state, or local sources, including but not limited to grants, distributions from federal and state formula funds, or direct federal and state appropriations for projects or programs of the Authority, as well as farebox revenues and revenues received from rentals on property owned or operated by the Authority. Said operating budget reserve shall be utilized for ongoing operating expenses only in those circumstances requiring its use due to worsened economic conditions in the Atlanta region, or catastrophic loss such as an act of God or terrorism, which conditions cause a temporary shortfall in the Authoritys anticipated revenues. The temporary operating revenue shortfall so noted shall be for a period of not less than six consecutive months during which total anticipated revenues are not less than two and one-half percent (2.5%) below the revenues received during the preceding fiscal year for the same six-month period. The first three percent (3%) of the reserve shall not be used in any six-month period. The purpose of said reserve shall be exclusively to pay the ongoing operating expenses during times of economic downturn and shall not be considered to be an available recurring revenue for operating budget purposes and under no circumstances shall the operating budget reserve be used to permanently replace the revenues which are reduced due to the economic conditions set forth above. Upon cessation of such economic downturn, as evidenced by cessation of the revenue shortfall required for the use of the reserve for Authority operating expenses, the operating budget reserve shall be replenished. (e) The Authority shall cause to be performed an independent annual management audit on the condition of management of the Authority at the expense of the Authority, to be supervised and approved by the Metropolitan Atlanta Rapid Transit Overview Committee, and which management audit shall be submitted to the Board of the Authority, the Governor, the State Auditor, and the Metropolitan Atlanta Rapid Transit Overview Committee before December 31 of each year. (f) The Authority shall report to the recipients of the Metropolitan Atlanta Rapid Transit Authority represented and nonrepresented pension plans on an annual basis the status of the Metropolitan Atlanta Rapid Transit Authority pension systems. Said report shall include, at a minimum, the investments made on behalf of recipients of pension benefits under the systems, by investment, the unfunded liabilities of said systems, and present and future budgetary obligations necessitated by benefit commitments made by the Authority. Said report shall be given to each recipient of Metropolitan Atlanta Rapid Transit Authority pensions under the pension systems of

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the Authority, the Metropolitan Atlanta Rapid Transit Overview Committee, and the Governor. (g) The Authority shall submit to the Metropolitan Atlanta Rapid Transit Overview Committee, the presiding officers of the House and Senate, and the Governor an annual report which report shall indicate consultant expenses, other professional services, salaries and expenses of full-time and part-time employees and Board members, and payments rendered by outside companies or agencies to the Authority for any and all services. Said report shall be submitted by August 31 of each year. In addition to a printed copy to be provided to the parties enumerated in this subsection, said report shall be posted in a prominent location on the Authoritys website within two weeks of submittal of the report to the parties enumerated in this subsection. The report posted on the Authoritys website shall show employee identification numbers and job titles instead of the names of the employees. The employees social security number shall not be used as the employees identification number.
SECTION 2. Said Act is further amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows:
SECTION 20. Rules and Regulations; Miscellaneous.
(a) The Board may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its operations, properties, employees and patrons.
(b)(1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for collective bargaining, in accordance with this subsection, with such authorized representatives. (2) As used in this subsection, the following terms shall have the following meanings:
(A) 'Authorized representative' means the collective bargaining agent for a class of employees, recognized for such purposes by the Board. (B) 'Collective bargaining' or 'collectively bargain' means performing the mutual obligation of the Authority and the authorized representatives of represented employees to negotiate, in good faith and to impasse, if necessary, over wages, hours, and other terms and conditions of employment with the bona fide intention of reaching a negotiated agreement. (C) 'Grievance arbitration' means arbitration of a dispute between the Authority and the authorized representative, acting on behalf of a represented employee, which involves the interpretation of an existing labor agreement and the application of the terms and conditions of that labor agreement to the claims of one or more employees.

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(D) 'Labor agreement' means an agreement, including any agreement respecting pension or retirement benefits for represented employees, between the Authority and the authorized representative, entered into in accordance with this subsection, which establishes the wages, hours, and other terms and condition of employment for represented employees of the Authority. (E) 'Represented employee' means an employee of the Authority who is a member of a class of employees for which the Board has recognized an authorized representative. (3) Every labor agreement entered into by the Authority shall provide for grievance arbitration and shall specify the procedure therefor. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of an existing labor agreement. (4) Upon or prior to the expiration of an existing labor agreement, the Authority and the authorized representative shall collectively bargain in an effort to reach a successor or replacement labor agreement. If, after expiration of an existing labor agreement, the Authority and the authorized representative are then unable to agree upon the terms and conditions of a new labor agreement, including but not limited to the issue of wages, they shall jointly select or, failing their agreement, upon the written petition of either or both parties, the Governor shall appoint within 30 days after the receipt of said petition a neutral fact finder to investigate and explore all unresolved collective bargaining issues and to render a report to the Authority, the authorized representative, and the public. The neutral fact finder shall conduct such hearings as may be necessary to provide for the full and fair presentation of all unresolved collective bargaining issues by both parties. That fact finder shall be authorized to sign and issue subpoenas for witnesses or documents, to administer oaths, to take oral or written testimony and to take such other actions as may be needed to make comprehensive findings of fact and recommendations. When a subpoena is disobeyed, any party may apply to the Superior Court of Fulton County for an order requiring obedience. Failure to comply with that order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed in the same manner as prescribed by law in civil cases in the superior court. (5) The fact finders report shall recommend as to all unresolved collective bargaining issues submitted for fact finding, including appropriate wages, hours and other terms and conditions of employment for represented employees, and shall set forth supporting factual findings, determined after due consideration of the factors set forth in subparagraphs (A) through (E) of paragraph (8) of this subsection, and shall contain a summary of the findings. The report of the fact finder shall be issued within 30 days after the fact finder is selected or appointed. Upon issuance, the report shall be distributed by the Authority to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. The fact finder shall cause the summary of findings to be published once in the newspaper having the largest circulation in the

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metropolitan area. The fact finder shall be compensated in the same manner as a special master pursuant to Code Section 22-2-106 of the O.C.G.A., and the costs thereof and any other costs of the proceeding shall be borne equally by the parties. After selection or appointment of a fact finder pursuant to this paragraph, the parties may continue to collectively bargain on any issues, including but not limited to those submitted for fact-finding. (6) Upon issuance of the fact finders report, the Authority and the authorized representative shall continue to collectively bargain in light of the recommendations set forth in such report. If either party rejects any or all of the fact finders recommendations and the parties are otherwise unable, through collective bargaining, to reach agreement on such issue or issues, then each party rejecting any of the fact finders recommendations shall prepare a written statement setting forth the specific recommendations which such party has rejected, the partys counterproposal on the issue or issues, and the reasons for rejecting the fact finders recommendations. Prior to the commencement of any proceeding for a judicial determination interest arbitration, as provided in paragraph (7) of this subsection, each party required under this paragraph to prepare that statement shall cause it to be published in the local newspaper having the largest circulation in the metropolitan area and shall concurrently distribute that statement to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. (7) If, within the 30 days following issuance of the fact finders report, the Authority and the authorized representative are unable to conclude a new labor agreement, either party may then seek a judicial determination of any binding interest arbitration of all unresolved issues between the parties. Such an action may be instituted by the filing of a petition for a judicial determination directed to the senior judge in time of service of the Superior Court of Fulton County in even-numbered years or the senior judge in time of service of the Superior Court of DeKalb County in odd-numbered years to resolve any issue. That judge, without a jury, with the Governor for binding interest arbitration and for the appointment of an arbitrator. The Governor shall appoint an arbitrator who is a member of the National Academy of Arbitrators or is approved by the American Arbitration Association within 30 days of the petition. That arbitrator shall decide the issues within 90 days after said petition shall be filed with the clerk of the superior court of such judges judicial circuit Governor. That judges arbitrators decision on those issues shall bind both the Authority and the authorized representative and there shall be no appeal from that decision. That judge arbitrator may require the Authority and the authorized representative to provide that judge arbitrator with such information as the judge arbitrator determines to be necessary in the resolving of the issues submitted thereto. In the event that any unresolved collective bargaining issue, including but not limited to wage rates for represented employees, is not submitted for judicial determination, the parties shall continue to collectively bargain with respect to such issues in a good faith effort to reach agreement on such issues or to agree upon the terms and conditions of a

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stipulation or submission agreement to be submitted for judicial determination, as provided in this paragraph. (8) In any judicial determination interest arbitration under this subsection, the judge arbitrator shall be bound by any written stipulation or submission agreement between the Authority and the authorized representative concerning such determination. In determining any issue, the judge arbitrator shall also give weight both to the report of the neutral fact finder and to the following factors:
(A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authoritys expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase or improvement in fringe benefits or extension of vacation, holiday, or excused time and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday and excused time allowances of the Authoritys represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authoritys represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; and (E) The cost of consumer goods and services within the metropolitan area. (9) In the event that either party wishes to enforce the decision of the arbitrator, a petition for such enforcement must be filed within ninety (90) days of such decision. In odd numbered years, the petition must be filed in the Superior Court of Fulton County and directed to the senior judge in time of service in that court. In even numbered years, the petition must be filed in the Superior Court of DeKalb County and directed to the senior judge in time of service in that court. The court shall confirm the decision unless the decision is vacated by the court because the court finds that the rights of a party were prejudiced by: (A) Corruption, fraud, or misconduct in procuring the decision; (B) Partiality of an arbitrator appointed as a neutral; (C) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite decision upon the subject of such matter submitted was not made; or (D) The arbitrators manifest disregard for the law. The judges ruling in this enforcement proceeding shall bind the Authority and the authorized representative and there shall be no appeal from this decision. (10) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have

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the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees. Upon vacating a decision, the court may order a rehearing and determination of all or any of the issues either before the same arbitrator or before a new arbitrator appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or decision, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. (11) In enacting this subsection, the General Assembly recognizes that arbitration ousts the jurisdiction of the courts and declares that it is appropriate for the state to regulate any method of disputes resolution that takes place outside the judicial system. The Superior Court of Fulton County shall have equitable and legal jurisdiction to enforce this subsection. No employee of the Authority shall engage in any strike, sitdown, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not unilaterally increase, decrease, or otherwise change the wages, including accrued cost-of-living allowances, or fringe benefits of represented employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or judicial determination interest arbitration. (12) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees. (c) All provisions of general law applicable to the records and documents of counties and municipalities and public access thereto shall be fully applicable to the records and documents of the Authority. The Board shall make reasonable rules and regulations concerning access to its records and documents and may charge reasonable fees for copies on or certifications thereof. (d) As to copies of financial reports and documents under Section 16, budget reports and documents under Section 17, engineering reports and documents under Section 18, and proposed rapid transit contracts under Section 24, the Board may provide for the printing and distribution of a reasonable supply thereof to the public and may, in its discretion, require payment of a reasonable charge therefor.
SECTION 3. Said Act is further amended by striking subsection (i) of Section 25 and inserting in its place the following:
(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall

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be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until July 1, 2006; and the period beginning July 1, 2006, and ending December 31, 2006 2008, no more than fifty-five percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for the period beginning January 1, 2007 2009, and ending June 30, 2007 2009, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; except that if the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee not later than December 31, 2002 annually, the original and 14 copies of a report of the findings of a completed management performance audit of the authoritys Authoritys current operations, which audit was performed under contract with and at the expense of the authority by the Georgia Regional Transportation Authority pursuant to paragraph (16) of subsection (a) of Code Section 50-32-11 of the O.C.G.A. Authority, along with any auditors recommendations based thereon and the auditors signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary, then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any years operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authoritys fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided,

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the Board may, in its sole discretion, shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs:
(1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2006 2008, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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Senators Miles of the 43rd, Fort of the 39th, Tate of the 38th, Henson of the 41st and Jones of the 10th offered the following amendment:
Amend the House substitute to Senate Bill 115 by deleting all matter from line 18 on page 4 through line 26 on page 7 and inserting in place thereof the following:
(5) The fact finders report shall recommend as to all unresolved collective bargaining issues submitted for fact finding, including appropriate wages, hours and other terms and conditions of employment for represented employees, and shall set forth supporting factual findings, determined after due consideration of the factors set forth in subparagraphs (A) through (E) of paragraph (8) of this subsection, and shall contain a summary of the findings. The report of the fact finder shall be issued within 30 days after the fact finder is selected or appointed. Upon issuance, the report shall be distributed by the Authority to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. The fact finder shall cause the summary of findings to be published once in the newspaper having the largest circulation in the metropolitan area. The fact finder shall be compensated in the same manner as a special master pursuant to Code Section 22-2-106 of the O.C.G.A., and the costs thereof and any other costs of the proceeding shall be borne equally by the parties. After selection or appointment of a fact finder pursuant to this paragraph, the parties may continue to collectively bargain on any issues, including but not limited to those submitted for fact-finding. (6) Upon issuance of the fact finders report, the Authority and the authorized representative shall continue to collectively bargain in light of the recommendations set forth in such report. If either party rejects any or all of the fact finders recommendations and the parties are otherwise unable, through collective bargaining, to reach agreement on such issue or issues, then each party rejecting any of the fact finders recommendations shall prepare a written statement setting forth the specific recommendations which such party has rejected, the partys counterproposal on the issue or issues, and the reasons for rejecting the fact finders recommendations. Prior to the commencement of any proceeding for a judicial determination binding interest arbitration, as provided in paragraph (7) of this subsection, each party required under this paragraph to prepare that statement shall cause it to be published in the local newspaper having the largest circulation in the metropolitan area and shall concurrently distribute that statement to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. (7) If, within the 30 days following issuance of the fact finders report, the Authority and the authorized representative are unable to conclude a new labor agreement, either party may then seek a judicial determination of any of all unresolved issues between the parties the labor dispute shall then be submitted to binding interest arbitration at the request of either party. Such an action may be instituted by the filing of a petition for a judicial determination directed to the senior judge in time of service

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of the Superior Court of Fulton County in even-numbered years or the senior judge in time of service of the Superior Court of DeKalb County in odd-numbered years to resolve any issue. That judge, without a jury, a notice to the other party for binding interest arbitration. The parties shall select an arbitrator who is approved by the American Arbitration Association within 30 days of the filing of the notice. The party requesting the arbitration shall immediately request a list of seven qualified arbitrators from the American Arbitration Association. Each party shall strike one name from the list of arbitrators, beginning with the party not requesting the arbitration, and shall continue with the other party striking a name, until a single name remains. The name of the single person remaining shall become the arbitrator. That arbitrator shall decide the issues within 90 days after said petition notice shall be filed with the clerk of the superior court of such judges judicial circuit. That judges arbitrators decision on those issues shall bind both the Authority and the authorized representative and there shall be no appeal from that decision. That judge arbitrator may require the Authority and the authorized representative to provide that judge arbitrator with such information as the judge arbitrator determines to be necessary in the resolving of the issues submitted thereto. In the event that any unresolved collective bargaining issue, including but not limited to wage rates for represented employees, is not submitted for judicial determination arbitration, the parties shall continue to collectively bargain with respect to such issues in a good faith effort to reach agreement on such issues or to agree upon the terms and conditions of a stipulation or submission agreement to be submitted for judicial determination arbitration, as provided in this paragraph. (8) In any judicial determination interest arbitration under this subsection, the judge arbitrator shall be bound by any written stipulation or submission agreement between the Authority and the authorized representative concerning such determination. In determining any issue, the judge arbitrator shall also give weight both to the report of the neutral fact finder. and to the following factors:
(A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authoritys expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase or improvement in fringe benefits or extension of vacation, holiday, or excused time and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday and excused time allowances of the Authoritys represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authoritys represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground

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transportation services; and (E) The cost of consumer goods and services within the metropolitan area. (9) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees. (10) In enacting this subsection, the General Assembly recognizes that arbitration ousts the jurisdiction of the courts and declares that it is appropriate for the state to regulate any method of disputes resolution that takes place outside the judicial system. The Superior Court of Fulton County shall have equitable and legal jurisdiction to enforce this subsection. No employee of the Authority shall engage in any strike, sitdown, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not unilaterally increase, decrease, or otherwise change the wages, including accrued cost-of-living allowances, or fringe benefits of represented employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or judicial determination interest arbitration.

Senator Miles of the 43rd moved that the Senate agree to the House substitute to SB 115 as amended by the Senate.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman N Balfour Y Brown Y Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant
Hamrick Y Harbison

E Hill,Jack E Hill,Judson E Hooks N Hudgens
Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed N Rogers N Schaefer

N Smith Y Starr N Staton N Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R
Thompson,C Y Thompson,S N Tolleson N Unterman N Weber N Whitehead N Wiles

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N Harp N Heath Y Henson

N Seabaugh Y Seay N Shafer,D

N Williams Y Zamarripa

On the motion, the yeas were 20, nays 30; the motion lost, and the Senate did not agree to the House substitute to SB 115 as amended by the Senate.

The following bill was taken up to consider House action thereto:

SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd:

A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Rogers of the 21st asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 288 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Rogers of the 21st, Weber of the 40th and Moody of the 56th.

The following bill was taken up to consider House action thereto:

SB 636. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes.

Senator Bulloch of the 11th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 636 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Bulloch of the 11th, Hudgens of the 47th and Pearson of the 51st.

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Senator Chance of the 16th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.
Senator Chance of the 16th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

The following bill was taken up to consider House action thereto:

SB 115. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:

A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House substitute can be found in a previous motion on this day.

Senator Miles of the 43rd moved that the Senate disagree to the House substitute to SB 115.

Senator Butler of the 55th moved that the Senate agree to the House substitute to SB 115.

On the motion to agree, which takes precedence, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle E Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant

E Hill,Jack E Hill,Judson E Hooks Y Hudgens
Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tarver N Tate Y Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber

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Hamrick Y Harbison Y Harp Y Heath N Henson

Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 38, nays 9; the motion prevailed, and the Senate agreed to the House substitute to SB 115.

The following bill was taken up to consider House action thereto:

HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Kemp of the 46th asked unanimous consent that the Senate insist on its substitute to HB 1412.

The consent was granted, and the Senate insisted on its substitute to HB 1412.

The following bill was taken up to consider House action thereto:

HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th:

A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to

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provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Whitehead of the 24th asked unanimous consent that the Senate insist on its amendment to HB 1090.
The consent was granted, and the Senate insisted on its amendment to HB 1090.
The following bill was taken up to consider House action thereto:
SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd:
A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Senator Stephens of the 27th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 500 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Stephens of the 27th, Tate of the 38th and Staton of the 18th.
The Calendar was resumed.

HB 1040. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, so as to

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define the total raw material cost of carpet samples for certain fair market valuation purposes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler
Cagle E 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 E 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 E Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 1040, having received the requisite constitutional majority, was passed.

HR 1339. By Representatives O`Neal of the 146th, Royal of the 171st and Porter of the 143rd:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts; to provide

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for the submission of this amendment for ratification or rejection; and for other purposes.
Senate Sponsor: Senator Mullis of the 53rd.
Senator Mullis of the 53rd asked unanimous consent that HR 1339 be placed on the Table. The consent was granted, and HR 1339 was placed on the Table.

HB 1323. By Representatives O`Neal of the 146th, Keen of the 179th, Royal of the 171st and Porter of the 143rd:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; to provide for a short title; to provide for definitions; to provide for the powers, duties, and authority of infrastructure development districts; to provide for a board to administer infrastructure development districts; to provide for appointment or election of members of an infrastructure development district board; to provide for levying taxes, fees, and assessments; to provide for the debt of infrastructure development districts; to provide for general obligation bonds, revenue bonds, notes, and other obligations of infrastructure development districts; to provide for the form of bonds; to provide for consolidation, termination, or dissolution of infrastructure development districts; to provide for related matters; to provide a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Mullis of the 53rd.

Senator Mullis of the 53rd asked unanimous consent that HB 1323 be placed on the Table. The consent was granted, and HB 1323 was placed on the Table.
Senator Douglas of the 17th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

HB 910. By Representatives Rogers of the 26th and Graves of the 137th:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to change certain definitions; to delete certain duties of the Secretary of State with regard to cemeteries and funeral services; to amend provisions relating to the sale of preneed burial

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services; to delete certain fees; to make numerous other changes to the laws relating to cemeteries and funeral services; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 910:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, Code Section 36-72-2 of the Official Code of Georgia Annotated, relating to definitions relating to abandoned cemeteries and burial grounds, and Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for definitions; to provide for certain requirements for preneed dealers relating to escrow accounts; to provide for powers under Chapter 14 of Title 10; to provide for certain license requirements prior to selling burial rights or merchandise; to provide for certain fees; to regulate the profession of cemeterians; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended by striking paragraphs (2), (3), (27), and (35) of Code Section 10-14-3, relating to definitions, and inserting in their place new paragraphs (2), (3), (27), and (35) to read as follows:
(2) 'Board' means the State Board of Funeral Service Cemeterians as described and authorized in Chapter 18 8B of Title 43. (3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains, including without limitation a mausoleum, cremation urn, cremation bench, cremation marker, or cremorial. (27) 'Outer burial container' or 'vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, polypropolene, sectional concrete enclosures, and crypts, and wooden enclosures. (35) 'Secretary of State' means the Secretary of State of the State of Georgia, acting by and through the board.

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SECTION 2. Said chapter is further amended in said Code Section 10-14-3, relating to definitions, by inserting a new paragraph to be designated paragraph (32.1) to read as follows:
(32.1) 'Principal' means a sum set aside or escrowed exclusive of income or interest or other return thereon.
SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (d) of Code Section 10-14-7, relating to preneed escrow accounts, and inserting a new paragraph (1) and a new subsection to be designated subsection (e.1) to read as follows:
(d)(1) Funds may be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchasers request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State, not exceeding the lesser of 30 days from receipt of application for release or the time within which a preneed dealer is required by law to provide a refund to a purchaser. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds. (e.1) In the case of release of escrowed funds to a purchaser at the purchasers request pursuant to paragraph (1) of subsection (d) of this Code section, a sum not less than the lesser of 10 percent of the escrowed amount or one-half of the interest earned upon such funds as of the date of release, as provided by the Secretary of State by rule or regulation, may be retained by the preneed dealer as administrative costs.
SECTION 4. Said chapter is further amended by striking Code Section 10-14-10, relating to minimum acreage for cemeteries and exceptions, and inserting in lieu thereof the following:
10-14-10. (a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 2000 1998, shall consist of not less than ten acres of land. (b) The following cemeteries shall not be subject to the requirement of subsection (a) of this Code section:
(1) All cemeteries registered according to this chapter prior to August 1, 1986; or (2) Cemeteries initially registered on or after August 1, 1986, but before July 1, 2000 1998, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties

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having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census. (c) The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 10-14-14, relating to administration of chapter and rules and regulations, and inserting in its place a new subsection (a) to read as follows:
(a) The administration of the provisions of this chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties under this chapter to a subordinate of the office as he or she shall deem appropriate.
SECTION 6. Said chapter is further amended by adding a new subsection (j) and by striking paragraph (7) of subsection (a), paragraph (2) of subsection (c), paragraph (2) of subsection (d), and subsection (h) of Code Section 10-14-17, relating to enumeration of prohibited acts, and inserting in their respective places the following:
(7) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; or (7.1) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of burial rights or burial merchandise if such person is not registered pursuant to the provisions of this chapter; or (2) Charge a fee for the installation of merchandise purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $50.00 $125.00 to reimburse the cemetery owner for its actual reasonable costs incurred in assisting in the siting of a monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith; (2) Charges paid for transferring burial rights from one purchaser to another; however, no such fee may exceed $50.00 $75.00 and such fee must have been disclosed in writing to the owner at the time of the initial purchase of the burial right from the cemetery; (h) The contract rights of any purchaser of preneed merchandise shall be freely transferable without fee except as provided in this chapter. (j) The fees set forth in this Code section shall be annually adjusted to the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the

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United States Department of Labor. The Secretary of State shall adopt such adjustments to the amount of said fees by rule.
SECTION 7. Code Section 36-72-2 of the Official Code of Georgia Annotated, relating to definitions relative to abandoned cemeteries and burial grounds, is amended by striking in its entirety paragraph (5) and inserting in lieu thereof the following:
(5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof.
SECTION 8. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to be designated Chapter 8B to read as follows:
CHAPTER 8B
43-8B-1. This chapter shall be known and may be cited as the 'Georgia Cemeterians Board Act.'
43-8B-2. As used in this chapter, the term:
(1) 'Board' means the State Board of Cemeterians established by this chapter. (2) 'Cemeterian' means a person registered as a cemetery owner pursuant to Chapter 14 of Title 10 or a cemetery manager. (3) 'Cemetery' means a cemetery as defined in Chapter 14 of Title 10.
43-8B-3. The practice of the profession of a cemeterian, as defined in this chapter, is declared to be a business or profession affecting the public interest and involving the health and safety of the public.
43-8B-4. There shall be established in the Office of the Secretary of State the State Board of Cemeterians to be constituted as provided in this chapter with the powers, duties, and authority vested in such board by this chapter.
43-8B-5. (a) The board shall consist of six members who shall be practicing cemeterians with a minimum of five years of registration as such in this state immediately preceding their

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appointment and one member who shall have no connection whatsoever with the cemetery profession but who shall have a recognized interest in consumer affairs and in consumer protection concerns. (b) The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled. (c) A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude.
43-8B-6. (a) The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until a successor shall be elected. (b) The board shall meet at least yearly and more often as the proper and efficient discharge of its duties may require. (c) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) No inspector shall own, operate, or be employed by any cemetery or perform any services on behalf thereof.
43-8B-7. For the purpose of better protection of life and health the board is authorized:
(1) To fix and prescribe minimum standards of general appearance of cemeteries; (2) To undertake such other duties and to exercise such other powers as may from time to time be prescribed by law; (3) To adopt a common seal; and (4) To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and pursuant to the provisions of Chapter 14 of Title 10. All rules and regulations of the Secretary of State promulgated pursuant to the authority of Chapter 14 of Title 10 and existing immediately prior to July 1, 2006, which are not inconsistent with this chapter shall continue in effect until repealed, amended, or otherwise changed by the board.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

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Senator Cagle of the 49th offered the following amendment:

Amend the Senate Regulated Industries and Utilities Committee substitute to HB 910 (LC 21 8959S) by striking lines 13 through 15 of page 1 and inserting in lieu thereof the following: funeral services, is amended by striking paragraphs (2), (3), and (27) of Code Section 1014-3, relating to definitions, and inserting in their place new paragraphs (2), (3) and (27) to read as follows:

By striking lines 1 and 2 of page 2.

By inserting immediately following line 7 of page 2 the following: SECTION 2A.
Said chapter is further amended by inserting following Code Section 10-14-3 a new Code section to read as follows:
10-14-3.1.
The board shall have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State shall delegate to the board all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters.

By striking "may" and inserting in lieu thereof "may shall" on line 12 of page 2.

On the adoption of the amendment, the yeas were 34, nays 0, and the Cagle amendment was adopted.

On the adoption of the substitute, the yeas were 34, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson N Jones

N Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver

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E Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 4.

HB 910, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

Senator Michael Meyer von Bremen District 12 121-I State Capitol Atlanta, GA 30334

Committees: Special Judiciary Appropriations Ethics Judiciary Natural Resources and the Environment

March 28, 2006

The State Senate Atlanta, Georgia 30334

The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Re: House Bill 910

Dear Mr. Secretary:

With the activity in the Hall, I heard the summons to vote and thought we were still on an agree and did not notice it was House Bill 910. We had been on an agree before I went outside to meet with some groups that had paged me out.

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I voted green/yes thinking it was the agree. I found out that the vote was on House Bill 910 and ask that my vote reflect, a red "no" under the circumstances. I regret the confusion and hope this can be accomplished.

This is pursuant to Senate Rule 5-1.9.

With the kindest personal regards, I am

Sincerely,

/s/ Michael S. Meyer von Bremen

Senator Curt Thompson District 5 323-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Economic Development Higher Education State Institutions and Property Veterans and Military Affairs

The State Senate Atlanta, Georgia 30334

Please record me as a no vote on HB 910.

/s/ Curt Thompson

HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th:
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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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 Balfour of the 9th.
The Senate Rules Committee offered the following substitute to HB 1157:

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A BILL TO BE ENTITLED AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to change certain provisions regarding the limited duration sales and use tax exemption for jet fuel sold to or used by certain qualifying airlines; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, and inserting in its place a new Code Section 48-7-40.5 to read as follows:
48-7-40.5. (a) As used in this Code section, the term:
(1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions:
(A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; (B) It is approved and certified by the Department of Technical and Adult Education; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Department of Technical and Adult Education including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school,

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university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (7) 'Qualifying airline' means any employer which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-half of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved retraining program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c)(1) Except as provided in paragraph (2) of this subsection, any Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayers income tax liability for the taxable year as computed without regard to this Code section. (2) With respect to a qualifying airline any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for 15 years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any qualifying airline pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayers income tax liability for the taxable year as computed without regard to this Code section. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Department of Technical and Adult Education to ensure the proper granting of credits pursuant to this Code section. (e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to

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determine successful completion of a course of study. (f) The commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section.
SECTION 2. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxation, by striking paragraph (33.1) and inserting in its place a new paragraph (33.1) to read as follows:
(33.1)(A) The sale or use of jet fuel to or by a qualifying airline, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i)(I) For each fiscal year beginning after June 30, 2005, and ending prior to July 1, 2006,each qualifying airline shall pay the first $15 million of state sales and use tax, plus applicable local sales and use tax, levied or imposed by this chapter on the purchase or use of jet fuel. Thereafter, the purchase of jet fuel by a qualifying airline during the fiscal year shall be exempt from state and local sales and use tax except as provided in division (ii) of this subparagraph. (i)(II) For each fiscal year beginning after June 30, 2006, each qualifying airline shall pay the first $10 million of state sales and use tax, plus applicable local sales and use tax, levied or imposed by this chapter on the purchase or use of jet fuel. Thereafter, the purchase of jet fuel by a qualifying airline during the fiscal year shall be exempt from state and local sales and use tax except as provided in division (ii) of this subparagraph. (ii) The exemptions provided in division (i) of this subparagraph shall not apply to any local option sales tax for educational purposes authorized pursuant to the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and which is effective before July 1, 2005. (C) The sale or use of jet fuel to or by a qualifying airline shall not be subject to any local sales and use tax which becomes effective on or after July 1, 2005. (D) Each qualifying airline purchasing jet fuel on which state sales and use tax is reasonably expected to exceed $15 $10 million shall report and pay directly to the Department of Revenue the tax applicable to the purchase of jet fuel under procedures required by the commissioner. (E) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (F) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2005, and prior to July 1, 2007. (G) For purposes of this paragraph, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency

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of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (I) This paragraph shall stand repealed in its entirety on July 1, 2007;
SECTION 3. This Act shall become effective July 1, 2006.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Henson of the 41st and Reed of the 35th offered the following amendment #1 to the Senate Rules Committee substitute to HB 1157:
By inserting immediately following line 19 on page 2 the following:
"(8) `Qualifying manufacturer' means any manufacturer which terminates or lays off more than 1500 employees who are employed at the manufacturer's facilities within the State of Georgia."
By inserting immediately following the word `airline' on line 33 of page 2 the following:
"or qualifying manufacturer"
Senators Rogers of the 21st and Balfour of the 9th offered the following amendment #1a:
Amend amendment #1 of HB 1157 by inserting after "`Qualifying manufacturer' means any manufacturer..." the words "domiciled in Georgia"
Senator Henson of the 41st asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Rogers of the 21st asked unanimous consent that his amendment #1a be withdrawn. The consent was granted, and the amendment was withdrawn.
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.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 3.

HB 1157, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Kasim Reed District 35 322 Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Ethics Higher Education Judiciary State and Local Governmental Operations Transportation

The State Senate Atlanta, Georgia 30334

To the Secretary of the Senate:

Please reflect a green vote in favor of HB 1157. I pressed my button, but it did not register my vote accurately.

Sincerely,
/s/ Kasim Reed 35th District

TUESDAY, MARCH 28, 2006

3753

The following bill was taken up to consider House action thereto:

SB 531. By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd:
A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:
Amend SB 531 by inserting after "coverage;" on line 3 on page 1 "to provide a definition;".

By redesignating Sections 2 through 4 as Sections 3 through 5, respectively, and inserting after line 14 on page 3 the following:

SECTION 2. Said Code section is further amended by striking subparagraph (b)(1)(B) and inserting in lieu thereof a new subparagraph (b)(1)(B) to read as follows:
(B) 'Insured' means the named insured and, while resident of the same household,
the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise; any person who uses, with the expressed or implied consent of the named insured, the motor vehicle to which the policy applies; a guest in such motor vehicle to which the policy applies; or the personal representatives of any of the above. For policies issued or renewed on or after July 1, 2006, the term 'insured' shall also mean a foster child or ward residing in the household of the named insured pursuant to a court order, guardianship, or placement by the Department of Family and Children Services or other department or agency of the state, while in a motor vehicle or otherwise.

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Senators Harp of the 29th and Meyer von Bremen of the 12th offered the following amendment:

Amend the House amendment to SB 531 on page 1, line 17, between the words "bodily injury" and the words "or death of an insured," insert the following symbol and words: ", loss of consortium".

Senator Rogers of the 21st moved that the Senate agree to the House amendment to SB 531 as amended by the Senate.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Grant Y Hamrick Y Harbison Y Harp Y Heath Henson

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody
Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 531 as amended by the Senate.

The following bill was taken up to consider House action thereto:

HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others:

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 allow the use of properly

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equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senator Carter of the 13th asked unanimous consent that the Senate insist on its amendment to HB 1216.
The consent was granted, and the Senate insisted on its amendment to HB 1216.
The following bill was taken up to consider House action thereto:
SB 238. By Senators Hill of the 32nd and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.
Senator Hill of the 32nd asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 238 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Hill of the 32nd, Chance of the 16th and Staton of the 18th.
Senator Tate of 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.
The Calendar was resumed.
HB 1177. By Representatives Smith of the 129th, Graves of the 12th, Smith of the 13th, Channell of the 116th, Wix of the 33rd and others:
A BILL to be entitled an Act to amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Pearson of the 51st.

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The Senate Transportation Committee offered the following substitute to HB 1177:

A BILL TO BE ENTITLED AN ACT
To amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; 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 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, is amended by inserting after subsection (d) thereof a new subsection (e) to read as follows:
(e) When the estimated amount of any department construction contract exceeds $300
million, performance and payment bonds shall be required in the amount of at least the total amount payable by the terms of the contract unless the department, after public notice, makes a written determination supported by specific findings that single bonds in such amount are not reasonably available, and the board approves such determination in a public meeting. In such event, the estimated value of the construction portion of the contract, excluding right of way acquisition and engineering, shall be guaranteed by a combination of security including, but not limited to the following:
(1) Payment, performance, surety, cosurety, or excess layer surety bonds; (2) Letters of credit; (3) Guaranties of the contractor or its parent companies; (4) Obligations of the United States and of its agencies and instrumentalities; or (5) Cash collateral. The combination of such guarantees shall be determined at the discretion of the department, subject to the approval of the board; provided, however, that such aggregate guarantees shall include not less than $300 million of performance and payment bonds and shall equal not less than 100 percent of the contractors obligation under the construction portion of the contract. Payment guarantees approved pursuant to this subsection shall be deemed to satisfy the requirements of Code Section 13-1061. Contractors requesting payment under construction contracts guaranteed pursuant to this subsection shall provide the following certification under oath with each such request: 'All payments due to subcontractors and suppliers from previous payment received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification.'

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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 Thompson of the 33rd offered the following amendment:
Amend the Transportation committee substitute to HB 1177 by adding on line 23 of page (1) and renumbering accordingly the following:
provided however that the aggregate total guarantee of the project may not use a corporate guarantee of more than 35%.
On the adoption of the amendment, the yeas were 28, nays 2, and the Thompson of the 33rd amendment was adopted.

On the adoption of the substitute, the yeas were 29, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Goggans Y Golden Grant Y Hamrick

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens
Stoner Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath E Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 44, nays 1.

HB 1177, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

SB 415.

By Senators Douglas of the 17th, Seabaugh of the 28th, Grant of the 25th, Schaefer of the 50th, Williams of the 19th and others:

A BILL to be entitled an Act to amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 462.

By Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of the 53rd and Miles of the 43rd:

A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to remove courthouses and jails from the list of properties protected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Calendar was resumed.

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3759

HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; 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
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174
January 25, 2006
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 848 (LC 18 4285)
Dear Chairman O'Neal:
This bill would provide a homestead exemption against state property taxes for homesteaded property owned by anyone 65 years of age or over. The value of the exemption would equal the actual levy of state property tax, thereby completely

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eliminating state property taxes on such property. The bill calls for a referendum to amend the State Constitution to allow the homestead exemption. The exemption would be effective January 1, 2007 and thus affect tax revenue for FY 2008.
The Georgia State University Fiscal Research Center estimates that this bill would reduce state tax revenue for FY 2008 by $6.8 million and for FY 2009 by $7.3 million. The Center provided the following narrative regarding this estimate:
The 2000 Census of Population reports that there were 410,579 owner-occupied housing units in which the household was 65 years of age or over. It was assumed that this population increased by 2 percent per year. Using the median value of owner-occupied housing from the Census, $111,260, and assuming a 5 percent increase in value per year, the estimated average value of an owner-occupied home in 2007 would be $156,554. Multiplying by an assessment ratio of 38 percent (the actual ratio is less than the legal 40 percent), deducting the current $2000 homestead exemption and then multiplying by the state property tax rate of 0.25 mills results in an estimated property tax levy per owner-occupied housing unit of $14.37. Multiplying by the estimated number for 2007 of owner-occupied housing units in which the household was 65 years of age or over results in an estimated state property tax revenue loss for FY 2008 of $6.8 million. (Value as of January 1, 2007 would be the basis for property taxes collected in FY 2008.) Allowing for the increase in value and the number of housing units, the estimated revenue loss for FY 2009 would be $7.3 million.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Shelley C. Nickel, Director Office of Planning and Budget
The Senate Finance Committee offered the following substitute to HB 848:
A BILL TO BE ENTITLED AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide for an ad valorem tax exemption for certain charitable institutions; to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for referenda, applicability, and

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effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended in Code Section 48-5-41, relating to property exempt from ad valorem taxation, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: (d)(1) Except as otherwise provided in paragraph (2) of this subsection, this This
Code section, excluding paragraph (1) of subsection (a) of this Code section, shall not apply to real estate or buildings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and shall not apply to real estate or buildings which are not used for the operation of religious, educational, and charitable institutions. Donations of property to be exempted shall not be predicated upon an agreement, contract, or other instrument that the donor or donors shall receive or retain any part of the net or gross income of the property. (2) With respect to paragraph (4) of subsection (a) of this Code section, real estate or buildings which are owned by a charitable institution and used by such charitable institution exclusively for the charitable purposes of such charitable institution may be used for the purpose of securing income so long as such income is used exclusively for the operation of that charitable institution.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Act be approved which grants an exemption from ad valorem taxation on property owned by a charitable institution which generates income when that income is used exclusively for the operation of such charitable institution?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this part shall

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become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 1 of this part is not so approved or if the election is not conducted as provided in this section, Section 1 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date.
PART II SECTION 3. Said part is further amended by adding between Code Sections 48-5-48.2 and 48-5-49 a new Code Section 48-5-48.3 to read as follows: 48-5-48.3. (a) As used in this Code section, the term: (1) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than ten contiguous acres of land immediately surrounding such residence. (2) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made. (b) Any person who is a senior citizen and resident of Georgia is granted upon application an exemption on his or her homestead which such person owns and actually occupies as a residence and homestead in an amount equal to the actual levy for state ad valorem taxation made pursuant to Code Section 48-5-8 with respect to that homestead, such exemption being from all ad valorem taxation for state purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. (c) The exemption shall be claimed and returned in the same manner as otherwise required under Code Section 48-5-50.1. Each person shall file for the exemption only once in the county of his or her residence. Once filed, the exemption shall automatically be renewed from year to year. (d) The exemption granted by this Code section shall not apply to or affect county taxes, municipal taxes, or school district taxes. (e) The exemption granted by this Code section shall be in addition to and not in lieu of any other homestead exemption from state taxes.
SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting Section 3 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of and in conjunction with the November, 2006, state-wide general election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the Act be approved which provides a homestead exemption for senior citizens in an amount equal to the actual levy for state ad valorem
( ) NO tax purposes on the homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 3 of this part shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on or after that date. If Section 3 of this part is not so approved or if the election is not conducted as provided in this section, Section 3 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date.

PART III SECTION 5. Except as otherwise provided in Section 2 of Part I of this Act and Section 4 of Part II of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden

E Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton C Stephens
Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 45, nays 1.

HB 848, having received the requisite constitutional majority, was passed by substitute.

The following bill was taken up to consider House action thereto:

SB 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally; Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government; Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, magistrates, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to increase the investigation fee for

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coroners; to provide for the recalculation of minimum salaries in any year in which the Department of Community Affairs publishes a census estimate for the county that is higher than the preceding decennial census; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-88, relating to minimum annual salary schedule for clerks of superior court, and inserting in lieu thereof a new Code Section 15-6-88 to read as follows:
15-6-88.
(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ..........................................................................$ 26,433.73 29,832.20

6,000 - 11,889 ...........................................................................36,300.86 40,967.92

11,890 - 19,999 ...........................................................................41,121.55 46,408.38

20,000 - 28,999 ...........................................................................44,057.42 49,721.70

29,000 - 38,999 ...........................................................................46,993.29 53,035.03

39,000 - 49,999 ...........................................................................49,932.80 56,352.46

50,000 - 74,999 ...........................................................................52,871.09 63,164.60

75,000 - 99,999 ...........................................................................54,338.42 67,800.09

100,000 - 149,999 .........................................................................55,806.96 72,434.13

150,000 - 199,999 .........................................................................57,275.49 77,344.56

200,000 - 249,999 .........................................................................58,744.04 84,458.82

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250,000 - 299,999 .........................................................................81,238.19 91,682.66
300,000 - 399,999 .......................................................................89,678.05 101,207.60
400,000 - 499,999 .......................................................................93,319.06 105,316.72
500,000 or more..........................................................................96,960.07 109,425.84
(b) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section. (d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time; but no clerks

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compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerks salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk.

SECTION 2. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for certain services for clerks of superior court, and inserting in lieu thereof a new Code Section 15-6-89 to read as follows:
15-6-89.
In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section 15-12-1 shall receive for his or her services in such other court a salary of not less than $286.73 323.59 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court.

SECTION 3. Said title is further amended by striking Code Section 15-9-63, relating to schedule of minimum salaries of judges of the probate court, and inserting in lieu thereof a new Code Section 15-9-63 to read as follows:
15-9-63.
(a)(1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ..........................................................................$ 24,893.57 29,832.20

6,000 - 11,889 ........................................................................... 32,869.82 40,967.92

11,890 - 19,999 ........................................................................... 36,512.04 46,408.38

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20,000 - 28,999 ........................................................................... 40,336.31 49,721.70
29,000 - 38,999 ........................................................................... 44,625.42 53,035.03
39,000 - 49,999 ........................................................................... 47,069.75 56,352.46
50,000 - 74,999 ........................................................................... 50,654.92 63,164.60
75,000 - 99,999 ........................................................................... 55,796.04 67,800.09
100,000 - 149,999 ......................................................................... 60,938.35 72,434.13
150,000 - 199,999 ......................................................................... 67,887.82 77,344.56
200,000 - 249,999 ......................................................................... 74,837.29 84,458.82
250,000 - 299,999 ......................................................................... 78,202.80 91,682.66
300,000 - 399,999 ........................................................................81,569.52 101,207.60
400,000 - 499,999 ........................................................................82,210.53 105,316.72
500,000 or more...........................................................................88,851.53 109,425.84 (2) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 159-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of

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said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judges compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judges salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge. (b) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government.
SECTION 4. Said title is further amended by striking subsections (a) and (b) of Code Section 15-963.1, relating to compensation of probate judges for services as magistrate or chief magistrate, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) Beginning January 1, 2002, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $10,316.20 11,642.54; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall

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become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.

SECTION 5. Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of probate judges, and inserting in lieu thereof a new Code Section 15-9-64 to read as follows:
15-9-64.
The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $286.73 323.59 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $358.34 404.41 per month.

SECTION 6. Said title is further amended by striking paragraphs (2), (4), and (5) of subsection (a) and the entirety of subsection (c) of Code Section 15-10-23, relating to minimum compensation and annual salary of magistrates, and inserting in lieu thereof new paragraphs (2), (4), and (5) and a new subsection (c) to read as follows:
(2) Unless otherwise provided by local law, effective January 1, 2002 2007, the chief
magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ........................................................................... $ 24,893.57 29,832.20

6,000 - 11,889 ............................................................................ 32,869.82 40,967.92

11,890 - 19,999 ............................................................................ 36,512.04 46,408.38

20,000 - 28,999 ............................................................................ 40,336.31 49,721.70

29,000 - 38,999 ............................................................................ 44,625.42 53,035.03

39,000 - 49,999 ............................................................................ 47,069.75 56,352.46

50,000 - 74,999 ............................................................................ 50,654.92 63,164.60

75,000 - 99,999 ............................................................................ 55,796.04 67,800.09

100,000 - 149,999 .......................................................................... 60,938.35 72,434.13

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150,000 - 199,999 .......................................................................... 67,887.82 77,344.56
200,000 - 249,999 .......................................................................... 74,837.29 84,458.82
250,000 - 299,999 .......................................................................... 78,202.80 91,682.66
300,000 - 399,999 ........................................................................ 81,569.52 101,207.60
400,000 - 499,999 ........................................................................ 85,210.53 105,316.72
500,000 or more........................................................................... 88,851.53 109,425.84
The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 that is higher than the immediately preceding decennial census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (4) Unless otherwise provided by local law, each magistrate who serves in a fulltime capacity other than the chief magistrate shall receive a minimum monthly salary of $3,412.84 $3,851.46 per month or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less. (5) All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $19.69 $22.22 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $525.08 $592.58. (c) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased

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by the same percentage or same amount applicable to such state employees. If the costof-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 1510-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
SECTION 7. Said title is further amended by striking subsections (b), (c), and (d) of Code Section 1510-105, relating to selection of clerk of magistrate court and compensation, and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows:
(b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $286.73 $323.59 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $286.73 $323.59 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both. (c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $286.73 $323.59 per month.

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(d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $286.73 $323.59 per month.

SECTION 8. Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries for sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows:
(a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of
each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriffs county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ...........................................................................$ 37,256.02 42,045.88

6,000 - 11,889 ............................................................................41,573.04 46,917.92

11,890 - 19,999 ............................................................................47,742.11 53,880.12

20,000 - 28,999 ............................................................................52,570.10 59,328.83

29,000 - 38,999 ............................................................................57,396.87 64,776.16

39,000 - 49,999 ............................................................................62,227.28 70,227.59

50,000 - 74,999 ............................................................................67,054.03 75,674.90

75,000 - 99,999 ............................................................................69,333.30 78,247.21

100,000 - 149,999 ..........................................................................71,612.57 80,819.51

150,000 - 199,999 ..........................................................................74,161.29 83,695.91

200,000 - 249,999 ..........................................................................76,710.00 86,572.30

250,000 - 299,999 ..........................................................................83,964.09 94,759.02

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300,000 - 399,999 ........................................................................93,766.90 105,822.14 400,000 - 499,999 ........................................................................97,407.90 109,931.24 500,000 or more.........................................................................101,048.91 114,040.36

(2) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 1516-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 1516-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriffs compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff.

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SECTION 9. Said title is further amended by striking Code Section 15-16-20.1, relating to additional salary for sheriffs, and inserting in lieu thereof a new Code Section 15-16-20.1 to read as follows:
15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorders court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $286.73 323.59 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary.
SECTION 10. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking subsection (c) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and appointment of county officer or employee as chief deputy registrar, and inserting in lieu thereof a new subsection (c) to read as follows:
(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $259.88 293.29 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of States office, where such information shall be maintained on file.
SECTION 11. Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, is amended by adding a new Code Section 36-5-29 to read as follows:
36-5-29. (a) Compensation to which a member of a county governing authority is entitled under general or local law, including amounts provided for in Code Sections 36-5-27 and 365-28 shall be increased by multiplying said amounts by the percentage which equals 2.5 percent times the number of completed, four-year terms of office served by such member of a county governing authority where such terms have been completed after December 31, 2004, effective the first day of January following the completion of each such period of service. (b) For a member of a county governing authority elected to two-year terms of office

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or six-year terms of office, the percentage increase provided for in subsection (a) of this Code section shall be 1.25 percent times the number of completed two-year terms or 3.75 percent times the number of completed six-year terms as applicable.
SECTION 12. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking subsection (b) of Code Section 45-16-27, relating to inquests and coroners investigation fee, and inserting in its place a new subsection (b) to read as follows:
(b) On and after July 1, 1999 2006, coroners shall be entitled to an investigation fee of $125.00 $250.00 where no jury is impaneled or a fee of $250.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid within ten days after receipt of the coroners monthly statement by the county where the investigation or inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county by such salaried coroner or deputy coroner. A higher investigation fee for a coroner or deputy coroner may be provided by local legislation.
SECTION 13. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in lieu thereof a new subsection (g) to read as follows:
(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $309.93 349.78 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds.
SECTION 14. Said chapter is further amended by striking subsection (b) of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, and inserting in lieu thereof a new subsection (b) to read as follows:
(b)(1) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and

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tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ............................................................................ $ 26,336.77 29,832.20

6,000 - 11,889 ............................................................................. 32,909.17 40,967.92

11,890 - 19,999 ............................................................................. 37,100.42 46,408.38

20,000 - 28,999 ............................................................................. 39,509.07 49,721.70

29,000 - 38,999 ............................................................................. 42,795.28 53,035.03

39,000 - 49,999 ............................................................................. 47,723.93 56,352.46

50,000 - 74,999 ............................................................................. 55,968.90 63,164.60

75,000 - 99,999 ............................................................................. 60,076.32 67,800.09

100,000 - 149,999 ........................................................................... 64,182.45 72,434.13

150,000 - 199,999 ........................................................................... 68,533.49 77,344.56

200,000 - 249,999 ........................................................................... 72,884.53 84,458.82

250,000 - 299,999 ........................................................................... 78,602.96 91,682.66

300,000 - 399,999 ......................................................................... 84,321.40 101,207.60

400,000 - 499,999 ......................................................................... 88,250.70 105,316.72

500,000 or more............................................................................ 92,179.99 109,425.84
(2) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 212-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount

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applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 212-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioners compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the tax commissioners salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner.
SECTION 15. It is the intent of the General Assembly that, for those county officials covered in this Act whose minimum salaries are increased by operation of law when the General Assembly authorizes a cost-of-living increase or general performance based increase for the employees in the classified service of the state merit system, such county officials shall not receive any such increase authorized by the General Assembly in the Fiscal Year 2007 Appropriations Act since such increase is covered in the minimum salary schedules under this Act.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

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Senator Kemp of the 46th offered the following amendment:
Amend the House substitute to SB 450 by striking "2007" on line 21 on page 2, line 33 on page 4, line 9 on page 6, line 19 on page 8, line 31 on page 10, and line 24 on page 14 and inserting in lieu thereof "2006" and by striking lines 26 through 32 on page 15.
By striking "July 1, 1999 2006" on line 4 on page 13 and inserting in lieu thereof "July 1, 1999 January 1, 2007" and by striking "$250.00" on line 5 on page 13 and inserting in lieu thereof "$175.00".
By striking lines 12 and 13 on page 13 and inserting in lieu thereof the following: salaried coroner or deputy coroner. (b.1) Any local Acts providing for the compensation of the various coroners shall remain in full force and effect, except in those instances where such local Acts provide for a salary in an amount which is less than the amount of compensation such coroner would be entitled to pursuant to subsection (b) of this Code section in which case the coroner may select on an annual basis beginning January 1, 2007, to be compensated pursuant to subsection (b) of this Code section or by the salary provided for by local Act.

Senator Kemp of the 46th moved that the Senate agree to the House substitute to SB 450 as amended by the Senate.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

E Hill,Jack Hill,Judson
E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton C Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath E Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 450 as amended by the Senate.

The Calendar was resumed.

HB 873. By Representatives Walker of the 107th, Hudson of the 124th, Day of the 163rd and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians assistants, so as to allow physicians assistants to render assistance during a state of emergency or public health emergency; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Unterman of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

E Hill,Jack Hill,Judson
E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton C Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath E Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 873, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent to drop HB 881 to the foot of today's Senate Rules Calendar.

The consent was granted, and HB 881 was placed at the foot of the Rules Calendar.

HB 955. By Representatives Geisinger of the 48th, Chambers of the 81st, Millar of the 79th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the development and implementation of the TransCard or SmartCard fare payment system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Wiles of the 37th.

The Senate Transportation Committee offered the following substitute to HB 955:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the personal information of persons who have purchased cards under the TransCard or SmartCard fare payment system; 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 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, is amended by striking paragraphs (18) and (19) of

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subsection (a) and inserting in place thereof the following: (18) Records of the State Road and Tollway Authority which would reveal the
financial accounts or travel history of any individual who is a motorist upon such toll project. Such financial records shall include, but not be limited to, social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the users name; or (19) Records maintained by public postsecondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors to such institutions or foundations; provided, however, that the name of any donor and the amount of donation made by such donor shall be subject to disclosure if such donor or any entity in which such donor has a substantial interest transacts business with the public postsecondary educational institution to which the donation is made within three years of the date of such donation. As used in this paragraph, the term 'transact business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative in an amount in excess of $10,000.00 in the aggregate in a calendar year and the term 'substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of an entity.; or (20) Records of the Metropolitan Atlanta Rapid Transit Authority or of any other transit system that is connected to that systems TransCard or SmartCard system which would reveal the financial records or travel history of any individual who is a purchaser of a TransCard or SmartCard or similar fare medium. Such financial records shall include, but not be limited to, social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the users name.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Hill,Judson
E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 955, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Judson Hill District 32 327-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Judiciary Health and Human Services Regulated Industries and Utilities Retirement

March 28, 2006

The State Senate Atlanta, Georgia 30334

Please let the Journal reflect that on March 28, 2006 I requested a Senator to excuse me from several votes as I was called to the House of Representatives to speak with House leadership on a Bill I sponsored. After I left the Senate Chambers that Senator was called from the Senate Chambers and did not excuse my vote for House Bills 873 and 955.

/s/ Judson Hill 32nd District

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HB 294. By Representatives Miller of the 106th, Benfield of the 85th, Day of the 163rd, Smith of the 129th and Mumford of the 95th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Balfour of the 9th.
The Senate Transportation Committee offered the following substitute to HB 294:
A BILL TO BE ENTITLED AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to generally prohibit the use of photographic speed-monitoring systems but allow their use in school zones only; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for enforcement; to provide for disposition and use of monetary penalties resulting from the use of photographic speedmonitoring systems and traffic-control signal monitoring devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Article 9 of Chapter 6, relating to speed restrictions, by adding a new Code Section 40-6-189 to read as follows:
40-6-189. (a) As used in this Code section, the term:
(1) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (2) 'Photographic speed-measuring system' means a speed-measuring system that works in conjunction with a photographic, video, or electronic camera to automatically measure the speed and produce photographs, video, or electronic or digital images of vehicles violating the speed limit.

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(3) 'Recorded images' means images recorded by a photographic speed-measuring system on:
(A) One or more photographs; (B) One or more microphotographs; (C) One or more electronic or digital images; or (D) Videotape showing the posted speed limit and the actual speed of the vehicle along with the rear of a motor vehicle apparently operated in disregard or disobedience of such speed limit and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle. (b) The use of a photographic speed-measuring system for traffic enforcement purposes is generally prohibited, but such systems may be used for such purposes only in school speed zones as authorized in this Code section and in accordance with Article 4 of Chapter 14 of this title. (c) For the purpose of enforcement pursuant to this Code section: (1) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a photographic speed-measuring system, to have been operated in disregard or disobedience of the maximum lawful speed limit by more than five miles per hour in excess of the limit in violation of Code Sections 40-6-181 through 40-6-183 and such disregard or disobedience was not otherwise authorized by law; and (2) The law enforcement agency for which such system is authorized shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation: (A) A citation for the violation, which shall include the date and time of the violation, the location where the violation occurred, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (B) A copy of one or more of the recorded images; (C) A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such systems are authorized and stating that, based upon inspection of recorded images, the owners motor vehicle was operated in disregard or disobedience of the maximum lawful speed limit by more than five miles per hour in excess of the limit in violation of Code Sections 40-6-181 through 40-6-183 and that such disregard or disobedience was not otherwise authorized by law; (D) A statement of the inference provided by subsection (e) of this Code section and of the means specified therein by which such inference may be rebutted; (E) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (F) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty;

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provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a photographic speed-measuring system at such location. (d) Proof that a motor vehicle was operated in disregard or disobedience of the maximum lawful speed limit in violation of Code Sections 40-6-181 through 40-6-183 shall be evidenced by recorded images produced by a photographic speed-measuring system authorized pursuant to Article 4 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such system is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of the maximum lawful speed limits in violation of Code Sections 40-6-181 through 40-6-183 and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein. (e) Liability under this Code section shall be determined based upon a preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this Code section was operated in violation of Code Sections 40-6-181 through 40-6-183, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle: (1) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (2) Presents to the court prior to the return date established on the citation an affidavit stating that the vehicle was reported to the police as stolen prior to the time of the alleged violation and a copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or (3) Submits to the court prior to the return date established on the citation a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation and identifying the name and address of the operator of the vehicle at the time of the alleged violation. (f) A violation for which a civil penalty is imposed pursuant to this Code section shall not be considered a moving traffic violation for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal and imposition of a civil penalty pursuant to this Code section shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed. (g) If a person summoned by first-class mail fails to appear on the date of return set out in the citation and has not paid the penalty for the violation or complied with paragraph (2) or (3) of subsection (e) of this Code section, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00.

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(h) Any court having jurisdiction over violations of Code Sections 40-6-181 through 40-6-183 or any ordinance adopting the provisions of said Code sections pursuant to Code Section 40-6-372 shall have jurisdiction over cases arising under this Code section and shall be authorized to impose the civil monetary penalty provided by this Code section. Except as otherwise provided in this Code section, the provisions of law governing jurisdiction, procedure, defenses, adjudication, and appeal otherwise applicable to violations of Code Sections 40-6-181 through 40-6-183 shall apply to enforcement under this Code section; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (i) The provisions of this Code section shall not limit law enforcement agencies to the use of a photographic speed-measuring system in enforcing Code Sections 40-6-181 and 40-6-183; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of Code Sections 40-6-181 and 40-6183, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this Code section.
SECTION 2. Said title is further amended in Chapter 14, relating to traffic enforcement devices, by striking Code Section 40-14-20, relating to definitions applicable to traffic-control signal monitoring devices, and inserting in its place a new Code section to read as follows:
40-14-20. As used in this article, the term:
(1) 'Recorded images' has the meaning provided in subparagraph (f)(1)(B) of Code Section 40-6-20. (2) 'Traffic accident prevention' means any activities, resources, or programs associated with reducing or preventing traffic and pedestrian accidents, including, but not limited to, driver education programs, pedestrian safety measures, traffic calming measures, intersection improvements, sidewalks, and traffic signalization and signage. (3) 'Traffic enforcement' means any activities, resources, or programs associated with enforcing laws and regulations intended to improve traffic and pedestrian safety, including, but not limited to, law enforcement officers and other personnel, equipment, court proceedings, or vendor contracts associated with the provisioning of traffic-control signal monitoring devices. (4) 'Traffic-control signal monitoring device' has the meaning provided in subparagraph (f)(1)(C) of Code Section 40-6-20.
SECTION 3. Said title is further amended in said Chapter 14 by striking Code Section 40-14-24, relating to reporting of device usage, and inserting in its place a new Code section to read as follows:

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40-14-24. (a) The disposition and use of civil penalties imposed and collected as a result of the use of traffic-control signal monitoring devices shall not be subject to the provisions of law applicable to disposition of criminal fines and forfeitures. All such civil penalties shall be dedicated to the sole use of the county or municipality operating the trafficcontrol signal monitoring devices only for the purposes of traffic enforcement and traffic accident prevention. All such civil penalties shall be paid into a segregated fund of the county or municipality and withdrawn therefrom only for the purposes specified in this subsection. (b) Each county or municipality using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such report shall include, without limitation:
(1) A description of the locations where traffic-control signal monitoring devices were used; (2) The number of violations recorded at each location and in the aggregate on a monthly basis; (3) The total number of citations issued; (4) The number of civil monetary penalties and total amount of such penalties paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of civil monetary penalties paid; and (7) The quality of the adjudication process and its results: and (8) Documentation of compliance with the requirements of subsection (a) of this Code section.
SECTION 4. Said title is further amended in said Chapter 14 by adding a new Article 4 to read as follows:
ARTICLE 4 40-14-30. As used in this article, the term:
(1) 'Photographic speed-measuring system' means a speed-measuring system that works in conjunction with a photographic, video, or electronic camera to automatically measure the speed and produce photographs, video, or digital images of vehicles violating the speed limit. (2) 'Traffic accident prevention' means any activities, resources, or programs associated with reducing or preventing traffic and pedestrian accidents, including, but not limited to, driver education programs, pedestrian safety measures, traffic calming measures, intersection improvements, sidewalks, and traffic signalization and signage. (3) 'Traffic enforcement' means any activities, resources, or programs associated with enforcing laws and regulations intended to improve traffic and pedestrian safety,

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including, but not limited to, law enforcement officers and other personnel, equipment, court proceedings, or vendor contracts associated with the provisioning of photographic speed-measuring systems. (4) 'Vendor' means a company or manufacturer contracted by a county or municipality to install and maintain a photographic speed-measuring system.
40-14-31. (a)(1) The law enforcement agency of any county or municipality shall not use a photographic speed-measuring system unless the chief law enforcement officer of such county or municipality desires the use of such system and such use is approved by the governing authority of the county or municipality. (2) A county or municipality may use a photographic speed-measuring system only in school zones and only up to one hour before, during, and up to one hour after normal hours of school operation on days when school is in session. (3) The governing authority of the county or municipality shall conduct a public hearing on the proposed use of such system prior to entering into any contract on or after July 1, 2006, for the use or purchase of such system.
(b) No county or municipal governing authority shall be authorized to use a photographic speed-measuring system where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This Code section shall not apply to any official receiving a recording fee. (c) The compensation paid by the county or municipality to a vendor for a photographic speed-measuring system shall be based only on the value of such equipment or the services provided. Compensation for services or equipment is not to be based on the number of traffic citations issued or the revenue generated by the system. (d) A photographic speed-measuring system shall not be used by a law enforcement agency unless the law enforcement agency employs at least one full-time certified peace officer. (e) A photographic speed-measuring system shall be used only to produce the recorded images as defined in paragraph (3) of subsection (a) of Code Section 40-6-189 and shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the person operating the motor vehicle.
40-14-32. Each county or municipal law enforcement agency using a photographic speedmeasuring system shall at its own expense test the system for accuracy at regular intervals and record and maintain the results of each test. Such test results shall be public records subject to inspection as provided by Article 4 of Chapter 18 of Title 50. Each such test shall be made in accordance with the manufacturers recommended procedure. Any such system not meeting the manufacturers minimum accuracy requirements shall be removed from service and thereafter shall not be used by the county or municipal law enforcement agency until it has been serviced and calibrated at

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the expense of the law enforcement agency by a qualified technician.
40-14-33. Each county or municipality using a photographic speed-measuring system shall erect signs warning all approaching motorists that a photographic speed-measuring system is being employed on each public road on which a photographic speed-measuring system is being utilized. Such warning signs shall be at least 30 inches by 30 inches in measurement and shall be placed no less than 500 feet from the photographic speedmeasuring devices.
40-14-34. (a) The disposition of civil penalties imposed and collected as a result of the use of photographic speed-measuring systems shall not be subject to the provisions of law applicable to disposition of criminal fines and forfeitures. All such civil penalties shall be dedicated to the sole use of the county or municipality operating the photographic speed-measuring system only for the purposes of traffic enforcement and traffic accident prevention. All such civil penalties shall be paid into a segregated fund of the county or municipality and withdrawn therefrom only for the purposes specified in this subsection. (b) Each county or municipality using a photographic speed-measuring system shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such report shall include, without limitation:
(1) A description of the locations where a photographic speed-measuring system was used; (2) The number of violations recorded at each location on a monthly basis; (3) The total number of citations issued; (4) The number of civil monetary penalties and total amount of such penalties paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of civil monetary penalties paid; and (7) Documentation of compliance with the requirements of subsection (a) of this Code section.
40-14-35. Failure of a law enforcement agency, county, or municipality to meet the requirements of this article shall cause such agency, county, or municipality to be ineligible to use the photographic speed-measuring system for a period of at least 90 days commencing upon the date such failure was discovered and until such requirements are met. Resumption of eligibility and use shall be treated the same as initial installation for purposes of paragraph (2) of subsection (c) of Code Section 40-6-189.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Smith of the 52nd moved that HB 294 be placed on the Table.

Senator Brown of the 26th objected.

On the motion, a roll call was taken, and the vote was as follows:

N Adelman N Balfour N Brown N Bulloch N Butler
Cagle N Carter N Chance
Chapman N Douglas N Fort N Goggans Y Golden Y Grant N Hamrick Y Harbison N Harp Y Heath N Henson

E Hill,Jack Y Hill,Judson N Hooks N Hudgens
Johnson Y Jones Y Kemp N Me V Bremen N Miles N Moody Y Mullis Y Pearson N Powell N Reed N Rogers N Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr N Staton N Stephens N Stoner N Tarver
Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S N Tolleson Y Unterman N Weber Y Whitehead Y Wiles N Williams N Zamarripa

On the motion, the yeas were 16, nays 35; the motion lost, and HB 294 was not placed on the Table.

Senators Smith of the 52nd, Tolleson of the 20th, Wiles of the 37th, Carter of the 13th, Chapman of the 3rd and others offered the following amendment:

Amend the Senate Transportation Committee substitute to HB 294 (LC 14 9432S) by striking lines 12 through 16 on page 5 and inserting in lieu thereof the following:
applicable to disposition of criminal fines and forfeitures. All such civil penalties shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks Cooperative Authority for remittance to the Brain and Spinal Injury Trust Fund created in Code Section 15-21-143 to be deposited into the Brain and Spinal Injury Trust Fund.

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By striking lines 33 and 34 on page 7 and lines 1 through 3 on page 8 and inserting in lieu thereof the following:
applicable to disposition of criminal fines and forfeitures. All such civil penalties shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks Cooperative Authority for remittance to the Brain and Spinal Injury Trust Fund created in Code Section 15-21-143 to be deposited into the Brain and Spinal Injury Trust Fund.

On the adoption of the amendment, Senator Smith of the 52nd, called for the yeas and nays; the call was sustained, and the vote was as follows:

N Adelman N Balfour Y Brown Y Bulloch Y Butler
Cagle Y Carter Y Chance Y Chapman N Douglas N Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison N Harp Y Heath N Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R
Thompson,C N Thompson,S Y Tolleson Y Unterman N Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 35, nays 17, and the Smith, et al. amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 5, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp N Heath Y Henson

E Hill,Jack N Hill,Judson Y Hooks Y Hudgens N Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody N Mullis N Pearson N Powell Y Reed N Rogers N Schaefer Y Seabaugh Y Seay Y Shafer,D

N Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson N Unterman Y Weber Y Whitehead N Wiles N Williams Y Zamarripa

On the passage of the bill, the yeas were 39, nays 14.

HB 294, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following Bills of the House:

HB 1372. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; 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 503. By Senators Hamrick of the 30th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Calendar was resumed.
HB 847. By Representatives Butler of the 18th, Oliver of the 83rd and Smith of the 70th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to establish the conditions for minors to become emancipated by law; to provide for definitions; to provide for the rights and duties of parents; to provide for court proceedings for emancipation; to provide for powers of the court relative to an

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emancipation proceeding; to provide for rescission and the effect of rescission on obligations, rights, or interests; to provide for the rights and responsibilities of an emancipated minor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Harp of the 29th.
Senators Hamrick of the 30th and Balfour of the 9th offered the following amendment #1:
Amend HB 847 by striking line 3 of page 2 and inserting in lieu thereof the following: (2) 'Minor' means a person who is at least 16 but less than 18 years of age.
On the adoption of the amendment, the yeas were 31, nays 0, and the Hamrick, Balfour amendment #1 was adopted.
Senators Hamrick of the 30th and Williams of the 19th offered the following amendment #2:
Amend HB 847 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following: To amend Chapter 11 of Title 15 and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to juvenile proceedings and marriage generally, so as to establish the conditions for minors to become emancipated by
By inserting after "minor;" on line 7 of page 1 the following: to provide that a person be at least 18 years of age in order to contract for marriage except under limited circumstances; to repeal an exception to such age requirement in the case of pregnancy or live birth; to repeal an exception to parental consent based upon pregnancy or live birth; to change certain provisions relating to proof of age for applicants to marry; to change certain provisions relating to parental consent; to repeal a provision relating to notification of parents for underage applicants and additional fees;
By inserting after line 31 of page 7 the following: SECTION 6A.
Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by striking Code Section 19-3-2, relating to who may contract marriage, and inserting in lieu thereof the following:
19-3-2. (a) To be able to contract marriage, a person must:
(1) Be of sound mind; (2) Except as provided in subsection (b) of this Code section, be Be at least 16 18 years of age. If either applicant is under the age of majority, parental consent shall be

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required, as provided in Code Section 19-3-37. However, the age limitations contained in this paragraph shall not apply upon proof of pregnancy on the part of the female or in instances in which both applicants are the parents of a living child born out of wedlock, in which case the parties may contract marriage regardless of age; (3) Have no living spouse of a previous undissolved marriage. The dissolution of a previous marriage in divorce proceedings must be affirmatively established and will not be presumed. Nothing in this paragraph shall be construed to affect the legitimacy of children; and (4) Not be related to the prospective spouse by blood or marriage within the prohibited degrees. (b) If either applicant for marriage is 16 or 17 years of age, parental consent as provided in Code Section 19-3-37 shall be required.
SECTION 6B. Said chapter is further amended by striking in its entirety Code Section 19-3-36, relating to proof of age of applicants, physicians certificate of pregnancy or parenthood of applicants under age of 16, inspection of certificate, and destruction of certificate, and inserting in lieu thereof the following:
19-3-36. The judge of the probate court to whom the application for a marriage license is made shall satisfy himself or herself that the provisions set forth in Code Section 19-3-2 regarding age limitations are met or that such limitations are not required by virtue of an order issued pursuant to Code Section 15-11-183. If the judge does not know of his or her own knowledge the age of a party for whom a marriage license is sought, the judge shall require the applicant to furnish the court with documentary evidence of proof of age in the form of a birth certificate, drivers license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card containing the full name and date of birth. In the event an applicant does not possess any of the above but appears to the judge to be at least 25 years of age, the applicant, in lieu of furnishing the judge with one of the above, may give an affidavit to the judge stating the applicants age. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately.
SECTION 6C. Said chapter is further amended by striking subsection (b) of Code Section 19-3-37, relating to parental consent to marriage of underage applicants, when necessary, and how obtained, and inserting in lieu thereof the following:
(b) When parental consent required; how obtained. Except when the female applicant is pregnant or when both applicants are the parents of a living child born out of wedlock, in In cases where the parties applying for a license have not yet reached the

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age of majority are 16 or 17 years of age, their ages to be proved to the judge of the probate court as provided in Code Section 19-3-36, the parents or guardians of each underage applicant must shall appear in person before the judge and consent to the proposed marriage, provided that if physical presence because of illness or infirmity is impossible, an affidavit by the incapacitated parent or guardian along with an affidavit signed by a licensed attending physician stating that the parent or guardian is physically incapable of being present shall suffice. The licensed attending physician shall include only those physicians licensed under Chapter 34 of Title 43 or under corresponding requirements pertaining to licensed attending physicians in sister states.

SECTION 6D. Said chapter is further amended by striking and reserving Code Section 19-3-38, relating to notification of parents of underage applicants and an additional fee, and inserting in lieu thereof the following:
19-3-38.
The judge of the probate court shall be required, in all cases where parental consent is not required under Code Sections 19-3-2, 19-3-36, and 19-3-37, to notify the parents of any male or female 17 years of age or younger who applies for a marriage license. The parents shall be notified immediately by first-class mail at their last known address. In license applications which require notification of parents under this Code section, the judge shall collect an additional fee of $1.00, which shall be in addition to any other fee authorized by law. Reserved.

On the adoption of the amendment, Senator Hamrick of the 30th, called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman Balfour
N Brown N Bulloch Y Butler N Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans N Golden N Grant Y Hamrick N Harbison

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles N Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers N Schaefer

Smith Starr Y Staton Y Stephens N Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman N Weber Y Whitehead N Wiles

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N Harp Y Heath
Henson

Y Seabaugh Y Seay N Shafer,D

Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 32, nays 16, and the Hamrick, Williams amendment #2 was adopted.

The following communications were received by the Secretary:

Senator David Shafer District 48 109 State Capitol Atlanta, GA 30334

Committees: Science and Technology Insurance and Labor Regulated Industries and Utilities Banking and Financial Institutions Reapportionment and Redistricting

The State Senate Atlanta, Georgia 30334

Dear Mr. Secretary:

I intended to vote "yes" on Amendment #2 to House Bill 847.

Very truly yours,

/s/ David Shafer State Senator, District 48

Senator Casey Cagle District 49 121-G State Capitol Atlanta, GA 30334

Committees: Finance Science and Technology Banking and Financial Institutions Appropriations Natural Resources and the Environment

The State Senate Atlanta, Georgia 30334

On the amendment offered by the Senator from the 30th to HB 847, I had intended to vote for the amendment. Let the record so reflect such change.

/s/ Casey Cagle

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The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Balfour 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 N 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 Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 2.

HB 847, having received the requisite constitutional majority, was passed as amended.

HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hudgens of the 47th.

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The Senate Rules Committee offered the following substitute to HB 941:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to authorize the display of certain historical documents as part of the foundation of American law and government; to provide for a context for the historical documents; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, is amended by adding a new Code Section 45-1351 to read as follows:
45-13-51. (a) The General Assembly finds and determines:
(1) The General Assembly has directed the Division of Archives and History of the State of Georgia to encourage the study of historical documents; (2) There is a need to educate and inform the public about the history and background of American law; (3) The public courthouses and judicial facilities of this state are an ideal forum in which to display educational and informational material about the history and background of American law; and (4) A basic knowledge of American constitutional history is important to the formation of civic virtue in our society; (b) Each municipality and political subdivision of this state shall be authorized to post the Foundations of American Law and Government display, as described in subsection (c) of this Code section, in a visible, public location in the judicial facilities of such municipality or political subdivision. (c) The Foundations of American Law and Government display shall include: (1) The Mayflower Compact, 1620; (2) The Ten Commandments as extracted from Exodus Chapter 20; (3) The Declaration of Independence; (4) Magna Carta; (5) 'The Star-Spangled Banner' by Francis Scott Key; (6) The national motto; (7) The Preamble to the Georgia Constitution; (8) The Bill of Rights of the United States Constitution; and (9) The description on the image of Lady Justice. (d) Public displays of the Foundations of American Law and Government shall contain

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the documents set forth in paragraphs (1) through (9) of subsection (c) of this Code section together with a context for acknowledging formative, historically significant documents in Americas heritage as follows:
FOUNDATIONS OF AMERICAN LAW AND GOVERNMENT DISPLAY
The Foundations of American Law and Government display contains documents that played a significant role in the foundation of our system of law and government. The display contains (1) the Mayflower Compact; (2) the Ten Commandments; (3) the Declaration of Independence; (4) Magna Carta; (5) 'The Star-Spangled Banner'; (6) the national motto of the United States of America; (7) the Preamble to the Georgia Constitution; (8) the Bill of Rights of the United States Constitution; and (9) a picture of Lady Justice.
The Mayflower Compact
The Mayflower Compact was penned by William Bradford on November 11, 1620, on the Mayflower before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was the first written constitution in the New World. William Bradford described the reasoning behind the Compact when he stated in the Compact, 'This day, before we came to harbour, observing some not well affected to unity and concord, but gave some appearance of faction, it was thought good there should be an association and agreement, that we should combine together in one body, and to submit to such government and governors as we should by common consent agree to make and choose, and set our hands to this that follows, word for word.'
The Ten Commandments
The Ten Commandments have profoundly influenced the formation of Western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.' The Ten Commandments provide the moral background of the Declaration of Independence and the foundation of our legal tradition.
The Declaration of Independence
Perhaps the single most important document in American history, the Declaration of Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers placed the Constitution. The Declarations fundamental premise is that ones right to 'Life, Liberty and the pursuit of Happiness' is not a gift of government. Government is not a giver of rights, but a protector of God-given rights. Moreover, government is a creation

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of 'the governed' and derives all its power from the consent of its people. As the Preamble to the United States Constitution states, 'We the People' are the government.
Magna Carta
In 1215, King John of England consented to the demands of his barons and agreed for Magna Carta to be publicly read throughout the land. By this act he bound himself and 'our heirs, in all things and all places for ever' to grant to the people of his kingdom the rights pronounced in Magna Carta. By signing Magna Carta, King John brought himself and Englands future rulers within the rule of law. The rule of law places a restraint on the exercise of arbitrary government power, and it places all people and civil government under law. The American patriots, therefore, waged war against England to preserve liberties originating in thirteenth century England. A distinction, however, is noted between Magna Carta and the American concept of liberty. While Magna Carta is a guarantee from a king that he will follow the law, the Constitution of the United States is the establishment of a government consisting of, and created for, 'We the People.'
'The Star-Spangled Banner'
Guarding the entrance to Baltimore harbor via the Patapsco River during the War of 1812, Fort McHenry faced almost certain attack by British forces. Major George Armistead, the strongholds commander, was ready to defend the fort, but he wanted a flag that would identify his position, one whose size would be visible to the enemy from a distance. The flag that was made for the fort was 30 feet by 42 feet. Anxiously awaiting news of the battles outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited the enemys fleet to secure the release of a Maryland doctor who had been abducted by the British after they left Washington. The lawyer had been successful in his mission, but he could not escort the doctor home until the attack ended. So he waited on a flag-of-truce sloop anchored eight miles downstream from Fort McHenry.
During the night, there had been only occasional sounds of the forts guns returning fire. At dawn, the British bombardment tapered off. Had the fort been captured? Placing a telescope to his eye, Key trained it on the forts flagpole. There he saw the large garrison flag catch the morning breeze. It had been raised as a gesture of defiance, replacing the wet storm flag that had flown through the night. Thrilled by the sight of the flag and the knowledge that the fort had not fallen, Key took a letter from his pocket and began to write some verses on the back of it. Later, after the British fleet had withdrawn, Key checked into a Baltimore hotel and completed his poem on the defense of Fort McHenry. He then sent it to a printer for duplication on handbills, and within a few days the poem was put to the music of an old English song. Both the new song and the flag became known as 'The Star-Spangled Banner' and became a rallying cry for the American Patriots during the rest of the war.

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The National Motto
The motto was derived from the line 'And this be our motto, "In God is our trust"' in the U.S. national anthem, 'The Star-Spangled Banner.' The phrase first appeared on U.S. coins in 1864 and became obligatory on all U.S. currency in 1955. In accordance with Public Law No. 851 passed at the Second Session of the 84th Congress of the United States, July 30, 1956, the national motto of the United States became "In God We Trust."
The Preamble to the Georgia Constitution
The Preamble to the Georgia Constitution celebrates the ideas of free government, justice, peace, happiness, and liberty. Government is a creation of 'the governed' and derives all its power from the consent of its people. The people, therefore, desiring a civilized society, created and ordained the Constitution of the State of Georgia.
The Bill of Rights of the United States Constitution
During the debates on the adoption of the U.S. Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a 'bill of rights' that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. The Bill of Rights is still a vital and powerful force in American government, shaping our laws and serving as a check on the exercise of government power.
Lady Justice
Lady Justice has become a symbol of the fair and equal administration of the law, without corruption, avarice, prejudice, or favor. The blindfold represents a system of justice that is blinded to all prejudices or favor. The scales represent justice that is administered fairly and the sword represents justice that is authoritative. Lady Justice is a symbol of the American system of justice and the ideals it embodies.
(e) All documents which are included in the Foundations of American Law and Government displays shall be posted on 11 x 14 inch paper and shall be framed in identically styled frames. No one document shall be displayed more prominently than another. (f) In no event shall any state funding be used for a display of the Foundations of American Law and Government.
SECTION 3. All laws and parts of laws in conflict with ths Act are repealed.

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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:

Adelman Balfour Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Hill,Judson
Y Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 43, nays 4.

HB 941, having received the requisite constitutional majority, was passed by substitute.

The following bill was taken up to consider House action thereto:

HB 1372. By Representative Harbin of the 118th:

A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Senator Hudgens of the 47th asked unanimous consent that the Senate insist on its substitute to HB 1372.
The consent was granted, and the Senate insisted on its substitute to HB 1372.
The following bill was taken up to consider House action thereto:
SB 503. By Senators Hamrick of the 30th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; 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 Chapter 21A of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating respectively to judicial accounting and criminal procedure, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to provide that such fee may be paid as a condition of probation; to define an indigent person with respect to the federal poverty level; to provide for staggered terms for the councilmembers of the Georgia Public Defender Standards Council; to change certain provisions relating to the standards created by the Georgia Public Defender Standards Council; to change certain provisions relating to guidelines for determining indigency; to change certain provisions relating to the budget of the council; to provide that public defenders shall not be authorized to utilize a badge, shield, or similar item; to change certain provisions relating to public defenders; to change certain provisions relating to contracting with the Department of Administrative Services for personnel paid by local governments; to change certain provisions relating to the budget for the Office of the

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Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, is amended by striking subsections (b) and (e) of Code Section 15-21A-6, relating to additional filing fees and application fee for free legal services, and inserting in lieu thereof the following:
(b) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation.
(e) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless waived by the court for inability to pay or hardship. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation. Any such fee shall be retained by the entity providing the services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury.
SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Chapter 10, relating to sentence and punishment, by adding a new Code section to read as follows:
17-10-8.1. In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation.

SECTION 3. Said title is further amended by striking Code Section 17-12-2, relating to definitions, and inserting in lieu thereof the following:

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17-12-2. As used in this chapter, the term:
(1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Indigent person' or 'indigent defendant' means:
(A) A person charged with a misdemeanor, violation of probation, or a municipal, county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; and (B) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents. In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant. (6) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter.
SECTION 4. Said title is further amended by striking Code Section 17-12-3, relating to the Georgia Public Defender Standards Councils creation and membership, and inserting in lieu thereof the following:
17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 members. (b) Ten members The membership of the council shall be appointed as follows:
(1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The These members shall serve terms of four years; provided, however, that the members appointed from the even-numbered

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judicial administration circuits shall serve initial terms of six years and thereafter shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the state is represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows:
(A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10;
(B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2;
(C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8;

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(iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) In addition, there the eleventh member shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4)

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of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender councilmember shall serve terms of two years; (4) All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. The initial appointees from the even-numbered judicial administration circuits shall serve until June 30, 2009. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1) and (2) of this subsection shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating members unexpired term; and (6) Any vacancy for a member appointed pursuant to paragraph (3) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) of Code Section 17-12-20. (c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorneys office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council.
SECTION 5. Said title is further amended by striking paragraph (8) of subsection (b) of Code Section 17-12-8, relating to approval by the Georgia Public Defender Standards Council of programs for representation of indigents and development of standards, and inserting in lieu thereof the following:
(8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services;
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 17-12-24, relating to guidelines for determining indigency, and inserting in lieu thereof the following:
(a) The council shall establish guidelines for determining the financial eligibility of

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persons claiming indigence, and the circuit public defender and any other person or entity providing indigent defense services shall use the guidelines to determine the financial eligibility of any person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an indigent person set forth in Code Section 17-12-2 that would entitle him or her to representation under this article chapter.
SECTION 7. Said title is further amended by striking subsection (b) of Code Section 17-12-26, relating to the budget of the council, and inserting in lieu thereof the following:
(b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the multicounty public defender office Office of the Georgia Capital Defender and the office of the mental health advocate.
SECTION 8. Said title is further amended by striking subsection (g) of Code Section 17-12-27, relating to the appointment of assistant public defenders, salary, and promotions, and inserting a new subsection (g) to read as follows:
(g) All full-time state paid employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law. A circuit public defender, assistant public defender, or local public defender may be issued an employee identification card by his or her employing agency; provided, however, no employer of any such public defender shall issue nor shall any public defender display, wear, or carry any badge, shield, card, or other item that is similar to a law enforcement officers badge or that could be reasonably construed to indicate that the public defender is a peace officer or law enforcement official.
SECTION 9. Said title is further amended by striking Code Section 17-12-32, relating to contracting with the Department of Administrative Services for personnel paid by local governments, and inserting in lieu thereof the following:
17-12-32. The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the Department of Administrative Services council to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to

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the department council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.
SECTION 10. Said title is further amended by striking Code Section 17-12-124, relating to the budget for the Office of the Georgia Capital Defender, and inserting in lieu thereof the following:
17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 and thereafter shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought.
SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Senator Hamrick of the 30th asked unanimous consent that the Senate disagree to the House substitute to SB 503.
The consent was granted, and the Senate disagreed to the House substitute to SB 503.
The following bill was taken up to consider House action thereto:
HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes.

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Senator Williams of the 19th asked unanimous consent that the Senate insist on its substitute to HB 1373.

The consent was granted, and the Senate insisted on its substitute to HB 1373.

The following bill was taken up to consider House action thereto:

HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st:

A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Balfour of the 9th asked unanimous consent that the Senate adhere to its substitute to HB 304 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Jones of the 10th and Heath of the 31st.

Senator Williams of the 19th asked unanimous consent that the remainder of the bills left on the Senate Rules Calendar be placed on the Table. The consent was granted, and the following legislation was placed on the Table:

HB 1502 HB 1209 HB 1385 HR 1564 HB 1097

HB 1417 HB 429 HB 1392 HB 1053 HB 695

HB 1006 HB 1227 HB 1399 HB 1073 HB 881

HB 1160 HB 1228 HB 1008 HB 1316

HB 1162 HB 1290 HB 1473 HB 1259

HB 1187 HB 1380 HB 1497 HB 1126

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 substitutes, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bills of the House:

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HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Channell of the 116th, Cooper of the 41st, Hill of the 180th.
HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Carter of the 159th, Graves of the 137th, Stephens of the 164th.
HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives McCall of the 30th, Roberts of the 154th, Smith of the 168th.

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The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the Senate:

SB 413.

By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Coleman of the 97th, Maxwell of the 17th, Reese of the 98th.

The following communication was received by the Secretary:

Senator Bill Heath District 31 304-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Retirement Science and Technology Finance Transportation

The State Senate Atlanta, Georgia 30334

March 28, 2006

Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
I request to have my name removed from SR 1082. The Senator from the 43rd District asked me to sign the resolution. I believed that she was attempting to name a park that

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was in her district. The park is Ball's Ferry Park and it is not in her district nor did the local officials there know of the pending resolution.
Ball's Ferry is named after the family that provided ferry service across the river during the late 1800's. The Ball's Ferry was utilized by the Confederate Army to cross the river during the war of Northern Aggression.
I hope that in the future, Senators will exercise restraint and respect by not attempting to use the Senate to name roads, bridges and the like that are not in their districts.
Please remove all references to my name on the resolution and on the website.
Thanks,
/s/ Bill Heath
Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 1322 until 10:00 a.m. Thursday, March 30, 2006; the motion prevailed, and at 6:06 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, March 30, 2006 Fortieth Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following 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 419.

By Senators Harp of the 29th, Hudgens of the 47th, Shafer of the 48th, Tolleson of the 20th and Bulloch of the 11th:

A BILL to be entitled an Act to amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, so as to provide a method to recover delinquent child support payments from certain lottery proceeds; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to require the child support enforcement agency to present claims for delinquent child support with the Georgia Lottery Corporation for the protection of the interest of the state and families owed delinquent due child support; to change certain provisions relating to said articles; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

SB 538. By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom;

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to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 539. By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Operation Enduring Freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 610.

By Senators Moody of the 56th, Balfour of the 9th, Starr of the 44th, Thomas of the 54th and Chance of the 16th:

A BILL to be entitled an Act to amend Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools, requirements for operating charter schools, and the control and management of charter schools, so as to provide that nothing shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; to provide for related matters; to repeal conflicting laws; and for other purposes

SB 619.

By Senators Tolleson of the 20th, Bulloch of the 11th, Harp of the 29th and Hudgens of the 47th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting programs for persons with brain-related disorders and disabilities; to provide for a portion of the revenue to go to Pilot International; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolutions of the Senate:

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SR 954. By Senators Hamrick of the 30th and Smith of the 52nd:

A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Criminal Defense Representation in Indigent Criminal Cases," hereinafter referred to as the "Performance Standard"; to provide for an effective date; and for other purposes.

SR 955. By Senators Hamrick of the 30th and Smith of the 52nd:

A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases," hereinafter referred to as the "Performance Standard in Juvenile Court"; to provide for an effective date; and for other purposes.

The House has agreed to the Senate substitutes to the following Bills of the House:

HB 268.

By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th:

A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 338.

By Representatives Warren of the 122nd, Jenkins of the 8th, Burns of the 157th, Williams of the 165th, Mosley of the 178th and others:

A BILL to be entitled an Act to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; to repeal conflicting laws; and for other purposes.

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HB 379. By Representatives Bridges of the 10th, Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system employed on or after July 1, 2006, who has an impairment which prevents him or her from performing his or her duties in the position he or she held at the onset of the impairment shall not be entitled to receive a disability allowance unless his or her employer certifies that there is no available position comparable in compensation which such employee is capable of performing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1019. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Hanner of the 148th, Chambers of the 81st and others:
A BILL to be entitled an Act to create and establish the "Taser Certification Act"; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require certified training for law enforcement officers for the official use of tasers, stun guns, or other similar devices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1054. By Representatives Stephens of the 164th, Parham of the 141st, Parrish of the 156th, Graves of the 137th and Carter of the 159th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to

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change certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1145. By Representatives Ralston of the 7th, Mumford of the 95th and Forster of the 3rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluators report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1184. By Representatives Stephens of the 164th and Bryant of the 160th:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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HB 1223. By Representatives Brown of the 69th, Cooper of the 41st, O`Neal of the 146th, Coleman of the 144th, Epps of the 128th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1244. By Representatives Scott of the 2nd, Reece of the 27th, Chambers of the 81st, Williams of the 4th, Graves of the 12th and others:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit bases; to repeal conflicting laws; and for other purposes.
HB 1248. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1304. By Representatives Knox of the 24th, Brown of the 69th and Meadows of the 5th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1335. By Representatives Day of the 163rd, Crawford of the 127th, Amerson of the 9th, Horne of the 71st, Hanner of the 148th and others:
A BILL to be entitled an Act to amend Code Section 35-3-34.1 of the O.C.G.A., relating to the circumstances when an exonerated first offenders criminal record may be disclosed, so as to permit state or local law enforcement units to review first offender record information when hiring a law enforcement officer; to amend Code Section 42-8-63.1 of the O.C.G.A., relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1424. By Representatives Smith of the 168th, Williams of the 165th, Hatfield of the 177th, Sims of the 169th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to change certain provisions relating to hunting with dogs generally; to change certain provisions relating to killing of dogs running deer; to repeal conflicting laws; and for other purposes.

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HB 1436. By Representatives Smith of the 113th, Ehrhart of the 36th, Chambers of the 81st, Drenner of the 86th, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the O.C.G.A., relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a fullcourse meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6 of Title 40 of the O.C.G.A., relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a full-course meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1451. By Representatives Sheldon of the 105th, Knox of the 24th, Walker of the 107th, Byrd of the 20th, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1456. By Representatives Meadows of the 5th, Maxwell of the 17th, Smith of the 131st, Forster of the 3rd, Holt of the 112th 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 provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to require that certain group accident and sickness insurance policies insure certain dependent children of the insured up to and including age 25; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th:
A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1585. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
HB 1616. By Representatives Scott of the 2nd and Neal of the 1st:
A BILL to be entitled an Act to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a three-year phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The House has agreed to the Senate amendments to the following Bills of the House:

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HB 513.

By Representatives Scott of the 153rd and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1275. By Representatives Smith of the 129th, Floyd of the 147th, Rynders of the 152nd, Graves of the 12th and Channell of the 116th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the revocation of a commercial drivers license upon violation of Code Sections 16-8-2 through 16-8-9; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate substitute to the following Resolution of the House:

HR 1259. By Representative Barnard of the 166th:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across or through property owned by the State of Georgia in Chatham, Coweta, Douglas, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate amendment to the following Bill of the Senate:

SB 145.

By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The House insists on its position in substituting the following Resolution of the Senate:

SR 823.

By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.

The House insists on its position in disagreeing to the Senate substitutes, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bills of the Senate:

SB 500.

By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd:
A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Burmeister of the 119th, Mills of the 25th, Scott of the 153rd.

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SB 636. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Chambers of the 81st, Ehrhart of the 36th, Jones of the 46th.

The House has adopted the report of the Committee of Conference on the following Bill of the Senate:

SB 529.

By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others:

A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

The following communication was transmitted to the Governor:
Honorable Sonny Perdue Governor State Capitol Atlanta, Georgia 30334
Dear Governor:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:

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Nominations sent to the Senate by you on March 20, 2006, were acted upon by the Georgia State Senate in session on March 24, 2006, with the following results:
The Honorable Jerilyn Barr of Cherokee County, as a member of the Board of Commissioners of the Commission on Equal Opportunity, for the term of office beginning January 17, 2006, and ending September 29, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Barbara Gunn of Cobb County, as a member of the Board of Commissioners of the Commission on Equal Opportunity, for the term of office beginning January 17, 2006, and ending September 29, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Dudley Rochelle of Cobb County, as a member of the Board of Commissioners of the Commission on Equal Opportunity, for the term of office beginning January 17, 2006, and ending September 29, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Garrison Baker of White County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning November 24, 2005, and ending June 30, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Gary Braddy of Montgomery County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning September 10, 2005, and ending October 1, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Johnnie Crews of Brantley County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning October 24, 2005, and ending June 30, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Mike Greene of Jones County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning September 12, 2005, and ending June 30, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Jim Larche of Cobb County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, for the term of office beginning December 12, 2005, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3830

JOURNAL OF THE SENATE

The Honorable Roger Garrison of Cherokee County, as a member of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, for the term of office beginning January 17, 2006, and ending June 30, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable L. Cary Bittick Jr. of Monroe County, as a member of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, for the term of office beginning January 17, 2006, and ending June 30, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Kim Gay of Fulton County, as a member of the Board of Community Health, for the term of office beginning January 19, 2006, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Ann Parker of Fulton County, as a member of the Board of Community Health, for the term of office beginning January 19, 2006, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Michael Vollmer of Tift County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning October 24, 2005, and ending June 30, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable A. D. Frazier of Fulton County, as a member of the Board of Corrections, for the term of office beginning October 24, 2005, and ending July 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections, for the term of office beginning October 17, 2005, and ending July 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Bill Jackson of Columbia County, as a member of the Board of Corrections, for the term of office beginning September 26, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Carlton Powell of Thomas County, as a member of the Board of Corrections, for the term of office beginning October 17, 2005, and ending July 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

THURSDAY, MARCH 30, 2006

3831

The Honorable David Karangu of Richmond County, as a member of the Board of Directors of MCG Health, Inc, for the term of office beginning October 15, 2005, and ending October 15, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Ann Crowder of Chatham County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning January 3, 2006, and ending December 15, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Marty Kogon of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning January 25, 2006, and ending December 15, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Jerry Bowman of Forsyth County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 6, 2005, and ending June 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Doug Chalmers of Fulton County, as a member of the Board of Drivers Services, for the term of office beginning October 17, 2005, and ending June 30, 2011. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable David Hanna of Fulton County, as a member of the Board of Drivers Services, for the term of office beginning September 19, 2005, and ending June 30, 2011. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Gabrielle Braswell of Fulton County, as a member of the Board of Early Care and Learning, for the term of office beginning October 3, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Theodore Mallory of Fayette County, as a member of the Board of Early Care and Learning, for the term of office beginning November 14, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Maggy Martinez of Clayton County, as a member of the Board of Early Care and Learning, for the term of office beginning September 19, 2005, and ending July 1, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3832

JOURNAL OF THE SENATE

The Honorable Victor Morgan of Bartow County, as a member of the Board of Early Care and Learning, for the term of office beginning November 14, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Carlene Talton of DeKalb County, as a member of the Board of Early Care and Learning, for the term of office beginning September 19, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Melissa Turner of Gwinnett County, as a member of the Board of Early Care and Learning, for the term of office beginning September 19, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Charles Webb of Bulloch County, as a member of the Board of Early Care and Learning, for the term of office beginning September 19, 2005, and ending July 1, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Joe M. Hatfield of Habersham County, as a member of the Board of Economic Development, for the term of office beginning October 17, 2005, and ending July 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Phil Jacobs of Fulton County, as a member of the Board of Economic Development, for the term of office beginning September 12, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Rick Singletary of Thomas County, as a member of the Board of Economic Development, for the term of office beginning November 21, 2005, and ending July 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Robert Dicks III of Clarke County, as a member of the Board of Human Resources, for the term of office beginning October 17, 2005, and ending January 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Patrick Head of Cobb County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2006, and ending January 20, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

THURSDAY, MARCH 30, 2006

3833

The Honorable Bob Hatcher of Bibb County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 6, 2006, and ending January 1, 2013. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Felton Jenkins of Morgan County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 6, 2006, and ending January 1, 2013. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Mansfield Jennings of Pulaski County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 6, 2006, and ending January 1, 2013. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Willis Potts of Floyd County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning February 28, 2006, and ending January 1, 2013. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Ben Tarbutton III of Washington County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 6, 2006, and ending January 1, 2013. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Scott Evans of Pickens County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning March 15, 2006, and ending June 30, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Steve Richards of Murray County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning March 15, 2006, and ending August 28, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Elmo Richardson of Bibb County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning March 15, 2006, and ending June 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3834

JOURNAL OF THE SENATE

The Honorable Alvin Wilbanks of Gwinnett County, as a member of the Board of Trustees of the Georgia Teachers Retirement System, for the term of office beginning November 14, 2005, and ending June 30, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Steven Leibel of Lumpkin County, as a member of the Brain & Spinal Injury Trust Fund Commission, for the term of office beginning February 21, 2006, and ending December 8, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Wayne St. Clair of Fulton County, as Commissioner of the Georgia Merit System, for the term of office beginning September 10, 2005, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Kathy Kinlaw of DeKalb County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 13, 2006, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable William Roundtree of Muscogee County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 13, 2006, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Jean Sumner of Johnson County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning February 21, 2006, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Martin Moore of Hall County, as a member of the Consumer Advisory Board, for the term of office beginning September 12, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Fred Greer of Newton County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning January 25, 2006, and ending June 30, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Curly Cook of Oglethorpe County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning October 3, 2005, and ending January 25, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

THURSDAY, MARCH 30, 2006

3835

The Honorable Paul English of Bleckley County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning September 26, 2005, and ending January 25, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable George Lee of Tift County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning October 3, 2005, and ending January 25, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Dale Redeker of Tift County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning October 3, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Tyron Spearman of Tift County, as a member of the Georgia Agrirama Development Authority, for the term of office beginning September 19, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Mark Manley of Thomas County, as a member of the Georgia Auctioneers Commission, for the term of office beginning January 19, 2006, and ending August 14, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Willis Boshears of Richmond County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning February 14, 2006, and ending July 1, 2011. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Terry Cawley of Lowndes County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning February 23, 2006, and ending July 1, 2011. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Eugene Demonet of Harris County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning February 16, 2006, and ending July 1, 2011. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3836

JOURNAL OF THE SENATE

The Honorable Bob Harless of Coffee County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning November 21, 2005, and ending July 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Karen Mathaik of Spalding County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning November 16, 2005, and ending August 20, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable David Wren of Lee County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning January 19, 2006, and ending August 20, 2110. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Joan Fischer of Clarke County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning January 19, 2006, and ending June 30, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Tracey Neely of Richmond County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning January 19, 2006, and ending June 30, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Nancy Walters of Columbia County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning January 19, 2006, and ending June 30, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Toni Barnett of Gilmer County, as a member of the Georgia Board of Nursing, for the term of office beginning November 4, 2005, and ending September 23, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Eric Groh of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

THURSDAY, MARCH 30, 2006

3837

The Honorable Patricia Anne Harwell of Rockdale County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable William Jackson of Banks County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Janet Lenard of Columbia County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Jan Ligon of Cobb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning March 9, 2006, and ending December 31, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Rick Austin of Habersham County, as a member of the Georgia County Leadership Academy, for the term of office beginning February 6, 2006, and ending July 1, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Jan Tankersley of Bulloch County, as a member of the Georgia County Leadership Academy, for the term of office beginning February 6, 2006, and ending July 1, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Douglas Mitchell of Fulton County, as a member of the Georgia Environmental Facilities Authority, for the term of office beginning January 20, 2006, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Mike Byrd of Cherokee County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning October 20, 2005, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3838

JOURNAL OF THE SENATE

The Honorable Billy Johnson of Douglas County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning October 20, 2005, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable John Woodruff of Fulton County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning October 20, 2005, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Shaw Blackmon of Houston County, as a member of the Georgia Golf Hall of Fame Board, for the term of office beginning October 24, 2005, and ending November 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Bob Love of Fulton County, as a member of the Georgia Real Estate Commission, for the term of office beginning March 20, 2006, and ending January 26, 2011. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Dwight Wood of Hall County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning September 28, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Darvin Eason of Cook County, as a member of the Georgia Tobacco Community Development Board, for the term of office beginning January 19, 2006, and ending August 26, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Chuck Adams of Hart County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Elizabeth Brock of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Chris Bryson of Stephens County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

THURSDAY, MARCH 30, 2006

3839

The Honorable Clay Campbell of Thomas County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Susan Chambers of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Janet Deal of Douglas County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Robert Dyar of Cobb County, as a member of the Health Strategies Council, for the term of office beginning February 21, 2006, and ending July 1, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable John Freihaut of Cobb County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Venus Gines of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Trey Googe of Fulton County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Michael Greene of Bibb County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Tommy Hopkins of Spalding County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Donna Hyland of Fulton County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3840

JOURNAL OF THE SENATE

The Honorable Tammy King of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Kirkland McGhee of Fulton County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Lynn Mullis of Bleckley County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Grace Newsome of Dawson County, as a member of the Health Strategies Council, for the term of office beginning February 6, 2006, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Gary Oetgen of Chatham County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Kelly Penton of Richmond County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Jessie Petrea of Chatham County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Louise Radloff of Gwinnett County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Dan Rahn of Richmond County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Sheila Ridley of Tift County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Julie Wilkerson of Bibb County, as a member of the Health Strategies Council, for the term of office beginning February 21, 2006, and ending July 1, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

THURSDAY, MARCH 30, 2006

3841

The Honorable Mark Wilson of Lowndes County, as a member of the Health Strategies Council, for the term of office beginning October 31, 2005, and ending July 1, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Connie Hagler of Hall County, as a member of the Lake Lanier Islands Authority, for the term of office beginning March 20, 2006, and ending March 15, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Sallie Bullock of Madison County, as a member of the Professional Standards Commission, for the term of office beginning December 19, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Pam Greenway of Houston County, as a member of the Professional Standards Commission, for the term of office beginning November 21, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Lee Muns of Columbia County, as a member of the Professional Standards Commission, for the term of office beginning October 21, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Craig Smith of Baldwin County, as a member of the Professional Standards Commission, for the term of office beginning October 21, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Gary Bechtel of Bibb County, as a member of the Professional Standards Commission, for the term of office beginning October 21, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Mary Outlaw of Floyd County, as a member of the Professional Standards Commission, for the term of office beginning October 21, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Sam Johnson of Stephens County, as a member of the State Board of Accountancy, for the term of office beginning January 19, 2006, and ending June 30, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3842

JOURNAL OF THE SENATE

The Honorable Lorena Holland-Barrios of Richmond County, as a member of the State Board of Barbers, for the term of office beginning January 19, 2006, and ending December 29, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Evelyn Reid of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning March 20, 2006, and ending July 1, 2006. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Michelle Turley of Chatham County, as a member of the State Board of Cosmetology, for the term of office beginning March 20, 2006, and ending May 5, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Wanda Barrs of Bleckley County, as a member of the State Board of Education, for the term of office beginning January 5, 2006, and ending January 1, 2013. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Brad Bryant of DeKalb County, as a member of the State Board of Education, for the term of office beginning January 5, 2006, and ending January 1, 2013. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Stanley Tate of Carroll County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning September 19, 2005, and ending June 30, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Draper Watson of Houston County, as a member of the State Board of Funeral Services, for the term of office beginning February 22, 2006, and ending February 13, 2012. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Sheila Weddon of Burke County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning January 19, 2006, and ending June 4, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Malcolm Tatum of Harris County, as a member of the State Board of Pharmacy, for the term of office beginning March 20, 2006, and ending November 1, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

THURSDAY, MARCH 30, 2006

3843

The Honorable Patricia Willis of Gwinnett County, as a member of the State Board of Physical Therapy, for the term of office beginning January 19, 2006, and ending August 30, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Robert Griggers of Peach County, as a member of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning November 7, 2005, and ending June 30, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Butch Hon of Bleckley County, as a member of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning February 21, 2006, and ending June 30, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Donald Riner of Emanuel County, as a member of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning November 7, 2005, and ending June 30, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Jeff Appling of Banks County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning November 7, 2005, and ending November 21, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Brenda Garland of Habersham County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning January 3, 2006, and ending November 21, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Nick Masino of Gwinnett County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning October 17, 2005, and ending November 21, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Jo Maypole of Richmond County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning October 19, 2005, and ending November 21, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

3844

JOURNAL OF THE SENATE

The Honorable David Moody of DeKalb County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning October 17, 2005, and ending November 21, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Neatha Young of Chatham County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning November 14, 2005, and ending November 21, 2007. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Rob Joseph of DeKalb County, as a member of the State Personnel Board, for the term of office beginning November 14, 2005, and ending November 14, 2010. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The Honorable Hal Roach of Bulloch County, as a member of the State Personnel Board, for the term of office beginning January 25, 2006, and ending January 3, 2008. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

The Honorable Geri Thomas of Fulton County, as a member of the State Personnel Board, for the term of office beginning November 21, 2005, and ending January 3, 2009. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

Nominations sent to the Senate by you on March 27, 2006, were acted upon by the Georgia State Senate in session on March 28, 2006, with the following results:

The Honorable Pat Phillips of Union County, as a member of the Veterans Service Board, for the term of office beginning April 27, 2005, and ending April 1, 2012. The vote on this confirmation was yeas 40, nays 0, and the nominee was confirmed.

Sincerely,
/s/ Robert F. Ewing Secretary of the Senate

The following committee report was read by the Secretary:

THURSDAY, MARCH 30, 2006

3845

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 1394 HB 1448 HB 1476 HB 1477 HB 1560 HB 1561 HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 HB 1586 HB 1594 HB 1603 HB 1611

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1623 HB 1641 HB 1642 HB 1643 HB 1644 HB 1645 HB 1646 HB 1653 HB 1654 HB 1655 HB 1656 HB 1658 HB 1660 HB 1661 SB 681

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass by substitute Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

Senator Goggans of the 7th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

The roll was called and the following Senators answered to their names:

Adelman Brown Bulloch Butler Cagle Carter Chance Chapman Goggans Golden

Hill,Jack Hooks Hudgens Jones Kemp Me V Bremen Miles Moody Mullis Pearson

Shafer,D Staton Stephens Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S

3846

JOURNAL OF THE SENATE

Grant Hamrick Harbison Harp Heath Henson

Powell Reed Rogers Schaefer Seabaugh Seay

Tolleson Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Balfour Hill, Judson Starr

Douglas Johnson Unterman (Excused)

Fort Smith (Excused)

Senator Fort was off the floor of the Senate when the roll was called and wished to be recorded as present.

The members pledged allegiance to the flag.

Senator Henson of the 41st introduced the chaplain of the day, Pastor Ellynda Lipsey of Stone Mountain, Georgia, who offered scripture reading and prayer.

The following legislation, as listed on the Consent Calendar for Privileged Resolutions, was put upon its adoption.

CONSENT CALENDAR FOR
PRIVILEGED RESOLUTIONS THURSDAY, MARCH 30, 2006 FORTIETH LEGISLATIVE DAY

SR 1356 Savannah Area Chamber of Commerce; commemorating (1st)

SR 1357 Information Technology Department; commend (1st)

SR 1358 Martin, Rev. Dr. Kenneth B.; commend (22nd)

SR 1359 Taylor, John Robert; commend (55th)

SR 1360 Munoz, David Hernan; Eagle Scout; commend (56th)

SR 1361 Armstrong, T. Alan; commend (28th)

SR 1362 Whitehead, Deputy Joseph; condolences (26th)

THURSDAY, MARCH 30, 2006

SR 1363 SR 1364 SR 1365 SR 1366 SR 1367 SR 1368 SR 1369 SR 1371 SR 1372 SR 1373 SR 1374 SR 1375 SR 1376 SR 1377 SR 1378 SR 1379 SR 1380 SR 1381 SR 1382 SR 1383 SR 1384 SR 1385

Lynch, Mr. Herbert D. "Dick"; condolences (15th) Parman, Sr., Sherri and Nader; commend (42nd) Yagncih, Cynthia; commend (42nd) Southwest Atlanta Christian Academy; congratulate (38th) Young, Clint; commend (53rd) Hembree, Mr. Tommy; condolences (33rd) Hembree, Larry Guy; commend (31st) Landers, Ms. Shirley; commend (21st) Brennan, Mrs. Ann; commend (21st) Bell, Mr. John; commend (21st) Braley, Ms. Allison; commend (21st) Ziegler, Ms. Leslie; commend (21st) Strougo, Ms. Iona; commend (21st) Hagen, Ms. Pat; commend (21st) Montgomery, Mr. James; commend (21st) Allen, Mr. David Gordon; congratulate (21st) Tucker, Brentton Scott; commend (53rd) Myers, Mary Alexander; commend (53rd) Sanderson, Jordan; Eagle Scout; commend (27th) Noah's Ark; commend (17th) Albertson, Jonathan G. Daniel; Eagle Scout; commend (54th) Eckman, M.D., James R.; commend (55th)

3847

3848

JOURNAL OF THE SENATE

SR 1386 SR 1387 SR 1388 SR 1389 SR 1390

Arieh, Jai Ronen; celebrate birth (19th) Bankston, Corey Antonio; Eagle Scout; commend (10th) Winfrey, Leatrice; honoring (10th) Senate Grassroots Arts Program Study Committee; create (4th) Long, Vanessa; commend (43rd)

On the adoption of the legislation, the yeas were 35, nays 0.
The legislation on the Consent Calendar for Privileged Resolutions, having received the requisite constitutional majority was adopted.
Senators Johnson of the 1st and Moody of the 56th introduced the Georgia General Assembly Information Technology Department commended by SR 1357, adopted previously. Director of Information Technology Scott Henry addressed the Senate briefly.
Senator Balfour of the 9th asked unanimous consent that he be discharged as a Conferee on SB 304 and that Senator Mullis of the 53rd be assigned as a Conferee.
The consent was granted, and the President assigned Senator Mullis of the 53rd to the Committee of Conference on SB 304.
The following resolutions were read and adopted:
SR 1391. By Senators Johnson of the 1st, Williams of the 19th, Balfour of the 9th, Thomas of the 54th, Moody of the 56th and others:
A RESOLUTION recognizing and commending Honorable Bill Stephens; and for other purposes.
SR 1394. By Senator Starr of the 44th:
A RESOLUTION commending Morris Boyer; and for other purposes.
SR 1395. By Senator Douglas of the 17th:
A RESOLUTION commending the Henry W. Grady High School Class of 1956; and for other purposes.

THURSDAY, MARCH 30, 2006

3849

SR 1396. By Senator Douglas of the 17th:
A RESOLUTION commending Eastridge Community Church for its 40 Days of Community Missions project; and for other purposes.
SR 1397. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Senior Trooper David Chaffin to Georgia and the Lt. Governor; and for other purposes.
SR 1398. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Sergeant Russell D. Hayes to Georgia and the Lt. Governor; and for other purposes.
SR 1399. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Senior Trooper Mike Fortson to Georgia and the Lt. Governor; and for other purposes.
SR 1400. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Senior Trooper Michael S. Coverson to Georgia and the Lt. Governor; and for other purposes.
SR 1401. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of retired Corporal Keith Shanks to Georgia and the Lt. Governor; and for other purposes.

SR 1402. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of First Lieutenant Eddie L. Williams to Georgia and the Lt. Governor; and for other purposes.

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SR 1403. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Corporal Marvin L. Prince to Georgia and the Lt. Governor; and for other purposes.
SR 1404. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Corporal S. Chad Fallin to Georgia and the Lt. Governor; and for other purposes.
SR 1405. By Senator Golden of the 8th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Master Trooper Kevin E. Johnson to Georgia and the Lt. Governor; and for other purposes.
SR 1406. By Senator Jones of the 10th:
A RESOLUTION congratulating Xavier Graham of the Project Destiny chess team; and for other purposes.
SR 1407. By Senator Jones of the 10th:
A RESOLUTION congratulating Aaron Porter of the Project Destiny chess team; and for other purposes.

SR 1408. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of retired Sergeant Eddie Smith to Georgia and the Lt. Governor; and for other purposes.

SR 1409. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Corporal Kendrick D. Lowe to Georgia and the Lt. Governor; and for other purposes.

THURSDAY, MARCH 30, 2006

3851

SR 1410. By Senator Brown of the 26th:
A RESOLUTION commending the Georgia State Patrol Executive Security and recognizing the services of Senior Trooper Jack S. Joiner, Jr., to Georgia and the Lt. Governor; and for other purposes.
SR 1411. By Senator Carter of the 13th:
A RESOLUTION commending Bryan Drawdy on attaining the rank of Eagle Scout; and for other purposes.
SR 1412. By Senator Jones of the 10th:
A RESOLUTION congratulating Orrin Hudson and the Project Destiny chess team on its first place win at the 2006 Georgia Association for Alternative Education state-wide chess championship; and for other purposes.
SR 1413. By Senator Tarver of the 22nd:
A RESOLUTION congratulating Miles Memorial Christian Methodist Episcopal Church; and for other purposes.
SR 1414. By Senator Tarver of the 22nd:
A RESOLUTION commending Paine College for participation in the 17th Annual Honda Campus All-Star Challenge; and for other purposes.
SR 1415. By Senators Harp of the 29th, Seabaugh of the 28th, Mullis of the 53rd, Hamrick of the 30th, Heath of the 31st and others:
A RESOLUTION welcoming Kia Motors Corporation to Georgia; and for other purposes.
The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, March 30, 2006 Fortieth Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

3852 SB 681
HB 1394 HB 1448 HB 1477

JOURNAL OF THE SENATE
Chance of the 16th Staton of the 18th MONROE COUNTY
A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Monroe County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Grant of the 25th CITY OF GREENSBORO
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Schaefer of the 50th CITY OF BALDWIN
A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baldwin, approved March 28, 1986, (Ga. L. 1986, p. 5578), as amended, so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes.
Chapman of the 3rd CITY OF DARIEN
A BILL to be entitled an Act to provide a new charter for the City of Darien; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to repeal a specific Act; to

HB 1560 HB 1561 HB 1581 HB 1586

THURSDAY, MARCH 30, 2006

3853

provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Bulloch of the 11th MILLER COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3921), so as to change the compensation of the judge and solicitor-general of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Meyer von Bremen of the 12th RANDOLPH COUNTY
A BILL to be entitled an Act to provide that the judge of the Probate Court of Randolph County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Randolph County; to repeal conflicting laws; and for other purposes.
Seabaugh of the 28th COWETA COUNTY
A BILL to be entitled an Act to provide that the board of education of Coweta County shall be authorized to provide group medical insurance for a former member, including such members spouse and dependents, under certain conditions; to provide for payment; to provide for related matters; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes.
Chapman of the 3rd CITY OF BRUNSWICK
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Brunswick, approved April 4, 1991 (Ga. L. 1991, p. 3911), as amended, so as to change certain provisions relating to nomination of candidates; to provide for submission 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.

3854 HB 1594
HB 1603 HB 1611

JOURNAL OF THE SENATE
Meyer von Bremen of the 12th LOWER CHATTAHOOCHEE REGIONAL AIRPORT AUTHORITY
A BILL to be entitled an Act to create the Lower Chattahoochee Regional Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for succession in interest to the CuthbertRandolph Airport Authority; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for an effective date; to repeal a certain Act; to repeal conflicting laws; and for other purposes.
Johnson of the 1st Thomas of the 2nd CITY OF SAVANNAH/CHATHAM COUNTY
A BILL to be entitled an Act to amend an Act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4031), so as to modify the compensation of members of the Board of Public Education for the City of Savannah and the County of Chatham; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Mullis of the 53rd Thomas of the 54th CATOOSA COUNTY
A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251), so as to correct the

HB 1623
HB 1641 HB 1642

THURSDAY, MARCH 30, 2006

3855

terms of office of members of the board; to correct a typographical error; to provide for related matters; to repeal conflicting laws; and for other purposes.
Chapman of the 3rd BRANTLEY COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Brantley 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 related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

Hooks of the 14th WEBSTER COUNTY
A BILL to be entitled an Act to provide that the judge of the Probate Court of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Webster County; to repeal conflicting laws; and for other purposes.

Hooks of the 14th WEBSTER COUNTY
A BILL to be entitled an Act to provide that the chief magistrate of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Webster County; to repeal conflicting laws; and for other purposes.

3856 HB 1643 HB 1644
HB 1645

JOURNAL OF THE SENATE
Whitehead of the 24th GLASCOCK COUNTY
A BILL to be entitled an Act to provide that the probate judge of Glascock County shall serve ex officio as chief magistrate of the Magistrate Court of Glascock County on and after January 1, 2009; to provide an effective date; to provide for a referendum; to repeal certain Acts; to repeal conflicting laws; and for other purposes.
Chapman of the 3rd MCINTOSH COUNTY
A BILL to be entitled an Act to create a board of elections and registration for McIntosh County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to provide for submission under the Voting Rights Act of 1965, as amended; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Cagle of the 49th NORTHEASTERN JUDICIAL CIRCUIT
A BILL to be entitled an Act to create the Northeastern Judicial Circuit Public Defender Study Commission; to provide for the appointment of members; to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1646 HB 1653 HB 1658
HB 1660

THURSDAY, MARCH 30, 2006

3857

Tolleson of the 20th DODGE COUNTY
A BILL to be entitled an Act to provide for the manner of making appointments to fill vacancies in the membership of the board of the Dodge County Hospital Authority; to repeal a local law for purposes of conformity; to repeal conflicting laws; and for other purposes.
Mullis of the 53rd Thomas of the 54th CATOOSA COUNTY
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to provide an increase in compensation for members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Goggans of the 7th CITY OF ALMA
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the number and the description of the council 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 eligibility and qualifications; to provide for the election of the mayor; 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. (SUBSTITUTE)
Goggans of the 7th BACON COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Bacon 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

3858 HB 1661

JOURNAL OF THE SENATE
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 effective dates; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Williams of the 19th CITY OF BAXLEY
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4725) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4134), so as to provide for the deannexation of certain territory from the corporate limits of said city; to provide for the annexation of certain territory into the corporate limits of said city; to repeal conflicting laws; and for other purposes.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following seven local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

HB 1476

Brown of the 26th TWIGGS COUNTY
A BILL to be entitled an Act to amend an Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approved March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of the county exemption and the amount of the income limitation; to lower the age requirement to 62 years of age or over; to specify the terms and conditions of such exemption and the procedures relating thereto; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1577 HB 1578 HB 1579 HB 1580

THURSDAY, MARCH 30, 2006

3859

Smith of the 52nd CITY OF ADAIRSVILLE
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; 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.

Smith of the 52nd CITY OF ADAIRSVILLE
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Smith of the 52nd CITY OF ADAIRSVILLE
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city 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.
Smith of the 52nd CITY OF ADAIRSVILLE
A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in

3860 HB 1654 HB 1655 HB 1656

JOURNAL OF THE SENATE
the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Johnson of the 1st BRYAN COUNTY
A BILL to be entitled an Act to provide a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Johnson of the 1st CITY OF PEMBROKE
A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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.
Johnson of the 1st CITY OF RICHMOND HILL
A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over;

THURSDAY, MARCH 30, 2006

3861

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 substitutes to the following bills were put upon its adoption:
*HB 1658:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1658:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, so as to change the number and the description of the council districts; to provide that the board of elections and registration of Bacon County may serve as the election superintendent for the City of Alma; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, is amended by inserting immediately following Section 6.01 a new section to read as follows:
SECTION 6.01A. Election superintendent.
Any other provision of this Act to the contrary notwithstanding, the board of elections and registration of Bacon County may by mutual agreement between the city and county serve as the election superintendent for the City of Alma.
SECTION 2. It shall be the duty of the attorney of the City of Alma to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 51, nays 1, and the committee substitute was adopted.
*HB 1660:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1660:
A BILL TO BE ENTITLED AN ACT
To create a board of elections and registration for Bacon County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Bacon County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Bacon County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Bacon County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meaning as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act, and the term "commissioners" means the Board of Commissioners of Bacon County and "county" means Bacon County.

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SECTION 3. (a) The board shall be composed of five members who shall be electors of Bacon County and shall be appointed as provided in this section. (b) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the chairperson of the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. In the event that there is no chairperson of a political party entitled to make an appointment under this subsection, the appointments on behalf of such political party shall be made by the state executive committee of such party. (c) One member of the board shall be selected by the governing authority of Bacon County. (d) All appointments to the board shall be promptly certified by the appointing authority of Bacon County to the clerk of the Superior Court of Bacon County. (e) The initial appointees to the board shall take office on January 1, 2007. The member appointed by the governing authority of Bacon County and one of the two members appointed by each political party shall serve terms beginning on January 1, 2007, and ending on December 31, 2010, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning January 1, 2011, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on January 1, 2007, and ending on December 31, 2008, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning January 1, 2009, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The chairpersons of each political party making the initial appointments under this section shall designate which term each appointee shall serve. (f) At the first meeting of the board in each year, the members of the board shall select one of their number to serve as chairperson. Such chairperson shall preside over all meetings of the board and shall vote only in the case of a tie.
SECTION 4. The Bacon County Board of Commissioners, which will consider the recommendation of the board of elections and registration, shall appoint a person to serve as the election supervisor of Bacon County. Such position shall be full time. The Bacon County Board of Commissioners shall set the pay and salary of such election supervisor. The election supervisor shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall

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not be a member of the board of elections and registration. The election supervisor shall be supervised by the board of elections and registration and shall deemed to be an at-will employee of the board of commissioners and shall be subject to removal from office, with or without cause, by the Board of Commissioners of Bacon County.
SECTION 5. Each member of the board shall:
(1) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of Bacon County and to the clerk of the superior court; and (3) Serve until his or her successor is appointed and qualified.
SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
SECTION 7. In the event a vacancy occurs in the office of any member before the expiration of his or her term, by removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. If the vacancy in office is not filled within 60 days after it occurs, the vacancy shall be filled for the remainder of the term by the governing authority of Bacon County. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on January 1, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Bacon County. (b) Before entering upon the members duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

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SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such members qualifying as a candidate for elective public office. (b) Members of the board must be residents of Bacon County and must have been registered voters in Bacon County for a period of at least one year prior to the date of appointment to the board.
SECTION 10. The board shall have the authority to contract with any municipality or governmental authority located within Bacon County for the holding by the board of any primary or election to be conducted within such municipality or governmental authority.
SECTION 11. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.
SECTION 12. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
SECTION 13. Compensation for the members of the board shall be fixed by the commissioners. All amounts payable under this section shall be paid from the funds of Bacon County.
SECTION 14. (a) The board may request additional clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the

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board of commissioners. The board of commissioners shall be responsible for determining the pay and salary of all clerical assistants of the board. Any such assistants shall be hired by the board of commissioners, which will consider the recommendation of the board, and such clerical assistants shall be at-will employees of the board of commissioners. (b) The board of commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.
SECTION 15. The board shall be responsible for the selection, appointment, and training of poll workers.
SECTION 16. The Board of Commissioners of Bacon County shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on January 1, 2007. Upon this Act becoming fully effective or upon such later date determined by the board of commissioners, the superintendent of elections of Bacon County and the board of registrars of Bacon County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants prior to January 1, 2007.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 51, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

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Y Adelman Balfour
N Brown Y Bulloch Y Butler Y Cagle Y Carter
Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local bills, the yeas were 51, nays 1.

The bills on the Local Consent Calendar, except HB 1658 and HB 1660 having received the requisite constitutional majority, were passed.

HB 1658 and HB 1660 having received the requisite constitutional majority, were passed by substitute.

The following communication was received by the Secretary:

Senator Robert Brown District 26 121-B State Capitol Atlanta, GA 30334

Committees: Economic Development Ethics Insurance and Labor Judiciary Reapportionment and Redistricting Veterans and Military Affairs

The State Senate Atlanta, Georgia 30334

March 30, 2006

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Honorable Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Ewing:
Please let the Journal reflect that I, Robert Brown, 26th District Senator, inadvertently voted "no", on today's Local Consent Calendar. The record should reflect a "yes" vote instead.
Thank you.
/s/ Robert Brown
The following bill was taken up to consider House action thereto:
HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Thomas of the 54th asked unanimous consent that the Senate adhere to its substitute to HB 1178 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Thomas of the 54th, Schaefer of the 50th and Goggans of the 7th.
The following bill was taken up to consider House action thereto:
HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set

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out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Thomas of the 54th asked unanimous consent that the Senate adhere to its substitute to HB 1371 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Thomas of the 54th, Hudgens of the 47th and Goggans of the 7th.
The following bill was taken up to consider House action thereto:
HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Kemp of the 46th asked unanimous consent that the Senate adhere to its substitute to HB 1412 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Kemp of the 46th, Harp of the 29th and Bulloch of the 11th.

The following bill was taken up to consider House action thereto:
SB 136. By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The House amendment was as follows:
Amend SB 136 by deleting on line 1 of page 1 "Code Section 15-11-47" and inserting in its place "Part 5 of Article 1 of Chapter 11 of Title 15".
By striking on line 2 of page 1 "procedure on taking child into custody, detention, and bail, so as" and inserting in its place "arrest and detention with regard to juvenile proceedings, so as to change provisions relating to interim control or detention of accused children;".
By redesignating Section 2 as Section 3.
By striking lines 7 through 9 of page 1 and inserting in their place the following: Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention with regard to juvenile proceedings, is amended by striking Code Section 15-11-46.1, relating to interim control or detention of accused children, and inserting in its place a new Code Section 15-11-46.1 to read as follows:
15-11-46.1. (a) As a matter of public policy, restraints on the freedom of accused children prior to adjudication shall be imposed only when there is probable cause to believe that the accused child did the act of which he or she is accused and there is clear and convincing evidence that the childs freedom should be restrained. (b) The imposition of interim control or detention on an accused child may be considered for the purposes of:
(1) Protecting the jurisdiction and process of the court; (2) Reducing the likelihood that the child may inflict serious bodily harm on others during the interim period; or (3) Protecting the accused child from imminent bodily harm upon his or her request. (c) In the case of a status, unruly or truant offense, interim control or detention shall not be imposed on an accused child under the age of 16; but rather the child shall be released immediately to the childs parents, guardian, or other custodian upon such persons promise to bring the child before the court when requested by the court; (c)(d) Interim control or detention shall not be imposed on an accused child: (1) To punish, treat, or rehabilitate the child; (2) To allow parents to avoid their legal responsibilities; (3) To satisfy demands by a victim, the police, or the community; (4) To permit more convenient administrative access to the child; or (5) To facilitate further interrogation or investigation. (d)(e) Whenever an accused child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the child shall be favored over more intrusive alternatives. (e)(f) Whenever the interim curtailment of an accused childs freedom is permitted under this Code section, the exercise of authority shall reflect the following values:

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(1) Respect for the privacy, dignity, and individuality of the accused child and his or her family; (2) Protection of the psychological and physical health of the child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of the child; (6) Avoidance of stigmatization of the child; and (7) Assurance that the child has been informed of his or her right to consult with an attorney and that if the child cannot afford an attorney, one will be provided.
SECTION 2. Said part is further amended by striking subsection (d) of Code Section 15-11-47, relating to procedure on taking child into custody, detention, and bail, and inserting in its place a new subsection (d) to read as follows:
Senator Smith of the 52nd asked unanimous consent that the Senate disagree to the House amendment to SB 136.
The consent was granted, and the Senate disagreed to the House amendment to SB 136.
The following bill was taken up to consider House action thereto:
HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th and others:
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 Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Smith of the 52nd asked unanimous consent that the Senate insist on its amendment to HB 1211.
The consent was granted, and the Senate insisted on its amendment to HB 1211.

Senator Balfour of the 9th asked unanimous consent that the following resolution, having been placed on the Table on March, 29, 2006, be taken from the Table:

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HR 1564. By Representatives Dollar of the 45th and Rice of the 51st:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Senate Sponsor: Senator Kemp of the 46th.
The consent was granted, and HR 1564 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HR 1564, having been taken from the Table, was put upon its adoption.
HR 1564. By Representatives Dollar of the 45th and Rice of the 51st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article III, Section IX, Paragraph VI of the Constitution, relating to appropriations for specific sums, is amended by adding a new subparagraph to read as follows:
(n) The General Assembly may provide by law for the issuance and renewal of special motor vehicle license plates that motor vehicle owners may optionally purchase and renew for additional fees. The General Assembly may provide for all or a portion of the net revenue, as defined by the General Assembly, derived from the additional fees charged for any such special license plate to be dedicated to an agency, fund, or nonprofit corporation to implement or support programs related to the nature of the special license plate, as intended by the authorizing statute. Any dedication of funds enacted pursuant to the authority of this subparagraph may be in whole or in part for the ultimate use of a nonprofit corporation, without limitation by Article III, Section VI, Paragraph VI, if the General Assembly determines that the license plate program and

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such appropriation will benefit both the state and the nonprofit corporation. Any law enacted pursuant to the authority of this subparagraph may provide that funds dedicated pursuant to such law shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c). Any law enacted pursuant to the authority of this subparagraph shall be required to receive a two thirds majority vote in both the Senate and the House of Representatives.

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide for special motor vehicle license plates and
( ) NO dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tarver
Tate Y Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath
Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 45, nays 4.

HR 1564, having received the requisite two-thirds constitutional majority, was adopted.

Senator Butler of the 55th introduced James R. Echmann, MD, commended by SR 1385, adopted previously.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 664. By Senator Pearson of the 51st:

A BILL to be entitled an Act to create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The House has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the Senate:

SR 282. By Senator Bulloch of the 11th:

A RESOLUTION dedicating the John Lee Drake, Sr., Highway; and for other purposes.

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SR 873.

By Senators Stoner of the 6th, Wiles of the 37th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd:

A RESOLUTION commending the accomplishments of Emory Parrish and dedicating the Emory Parrish Interchange; and for other purposes.

SR 1028. By Senator Thompson of the 33rd:

A RESOLUTION honoring the life of Dr. Luke Glenn Garrett, Jr., and dedicating the Dr. Luke Glenn Garrett, Jr. Memorial Highway in his memory; and for other purposes.

SR 1034. By Senator Goggans of the 7th:

A RESOLUTION celebrating the life of SGT Mathew Vincent Gibbs and dedicating the SGT Mathew Vincent Gibbs Memorial Bridge; and for other purposes.

Senator Pearson of the 51st asked unanimous consent that Senator Schaefer of the 50th be excused. The consent was granted, and Senator Schaefer was excused.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 46th.

The consent was granted, and HB 1053 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1053, having been taken from the Table, was put upon its passage.

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The Senate Public Safety and Homeland Security Committee offered the following substitute to HB 1053:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms; to change certain provisions relating to commemorative license plates for Georgia organizations, promotional agreements, and fees; to repeal and reserve certain provisions regarding special license plates; to provide for special license plates promoting beneficial projects and supporting worthy agencies, funds, or nonprofit corporations, as determined by the General Assembly; to provide for issuance, renewal, fees, licensing agreements, applications, dedication of revenue, audits, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-32.1, relating to commemorative license plates for Georgia organizations, promotional agreements, and fees, and inserting in lieu thereof the following:
40-2-32.1. (a) In the event the General Assembly enacts any law approving the sale of commemorative license plates recognizing Georgia organizations or institutions, including educational institutions, civic associations, and social organizations, the commissioner shall approve the form of any such license plates and shall be authorized to enter into any agreements with private parties for the purpose of promoting the sale of any such license plates. (b) Beginning in calendar year 1998, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a commemorative license plate pursuant to the enactment of a law by the General Assembly and approval by the commissioner in accordance with subsection (a) of this Code section. Revalidation decals, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, shall be issued for any such commemorative license plates in the same manner as provided for general issue license plates.

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(c) Any such agreements for the purpose of promoting the sale of commemorative license plates may authorize the manufacturing fee to be apportioned, as determined by the commissioner, between the organization commemorated by the license plates, the vendor administering the sale and promotion of the license plates, and the State of Georgia All funds derived from the sale of license plates pursuant to this Code section, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be remitted to the state as provided by Code Section 40-2-34.
SECTION 2. Said chapter is further amended in Code Section 40-2-34, relating to reports and remittances by tag agents, by adding a new subsection to read as follows:
(f) All funds derived from motor vehicle registrations or the sale of any license plates and remitted to the state shall be deposited in the general fund of the state treasury unless otherwise specifically authorized by the Constitution and provided for in this chapter.
SECTION 3. Said chapter is further amended by repealing and reserving Code Section 40-2-48, relating to special license plates promoting the United States Disabled Athletes Fund.
SECTION 4. Said chapter is further amended by repealing and reserving Code Section 40-2-49, relating to special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources.
SECTION 5. Said chapter is further amended by repealing and reserving Code Section 40-2-49.1, relating to special license plates promoting the Bobwhite Quail Restoration Initiative.
SECTION 6. Said chapter is further amended by repealing and reserving Code Section 40-2-86.3, relating to special license plates commemorating Civil War battlefields and historic sites.

SECTION 7. Said chapter is further amended by repealing and reserving Code Section 40-2-86.6, relating to special license plates promoting conservation and enhancement of trout populations.
SECTION 8. Said chapter is further amended by repealing and reserving Code Section 40-2-86.13, relating to special license plates promoting historic preservation efforts.

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SECTION 9. Said chapter is further amended by repealing and reserving Code Section 40-2-86.15, relating to special license plates promoting NASCAR or promoting bicycle safety.
SECTION 10. Said chapter is further amended by repealing and reserving Code Section 40-2-86.16, relating to special license plates honoring families with a member serving in the military.
SECTION 11. Said chapter is further amended by repealing and reserving Code Section 40-2-86.17, relating to "Support Georgia Troops" special license plates.
SECTION 12. Said chapter is further amended by adding a new Code section to read as follows:
40-2-86.18. (a)(1) As used in this Code section, the term:
(A) 'Manufacturing fee' means a $25.00 fee paid at the time a metal special license plate is issued. (B) 'Special tag renewal fee' means a $25.00 fee paid at the time a revalidation decal is issued for a special license plate. (2) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the special license plates listed in subsection (n) of this Code section shall be issued by the department beginning on July 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. The license plates listed in subsection (m) of this Code section shall continue to be issued as long as they continue to meet the requirements of subsections (b), (c), (f), (g), (i), (j), and (k) of this Code section. (b) The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special

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license plate shall be produced until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of the manufacturing fee and the special tag renewal fee in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in subsection (n) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee and the special tag renewal fee derived from the sale of special license plates listed in subsection (n) of this Code section shall be apportioned as follows: $1.00 to the county tag agent, $2.00 to the department, $12.00 to be deposited into the general fund, and $10.00 to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsections (m) and (n) of this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the special license plate if issued under subsection (m) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee but without

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payment of the special tag renewal fee. However, special license plates issued under subsection (n) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee and the special tag renewal fee. (h) No special license plate authorized pursuant to subsection (n) of this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2007, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (i) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of the special tag renewal fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section.
(m)(1) The General Assembly has determined that the existing special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall continue to be issued for the purposes indicated and that all of the funds raised from the manufacturing fee and the special tag renewal fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing or special tag renewal fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. (2) A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed to the United States Disabled Athletes Fund. (3) Special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. The funds raised by the sale of these special license plates shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 12-3-602. Such

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license plates shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (4) A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Ga. L. 1993, p. 1952. (5) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (6) A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed to the Department of Natural Resources for use by the Historic Preservation Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (7) A special license plate promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed to the Governors Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (8) A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (9) A special license plate promoting 'Support Georgia Troops.' The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (10) A special license plate promoting NASCAR. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $25.00 fee charged for the issuance and renewal of the NASCAR license plates authorized under this paragraph, $10.25 shall be used by the department for purchasing plates from the supplier of the plates, as designated by NASCAR, and royalty costs, and $14.75 shall be disbursed to the Governors Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (11) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to

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encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance. (n)(1) The General Assembly has determined that license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and with a portion of the revenue being disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The revenue disbursement for the special license plates in this subsection shall be as described in subsection (e) of this Code section. (2) A special license plate to display 'Support Our Public Libraries' to support the purchase of books and literary programming for public libraries in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for the Book. (3) A special license plate for Childrens Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale of this special license plate shall be disbursed to Childrens Healthcare of Atlanta. (4) A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home. (5) A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association. (6) A special license plate for the Alzheimers Association, Georgia Chapter, to help eliminate Alzheimers disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by the sale of this special license plate shall be disbursed to the Alzheimers Association, Georgia Chapter. (7) A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education. (8) A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Stroke Awareness' in lieu of the name of the county of issuance. The funds raised by the sale of this special

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license plate shall be disbursed to the Center for Telehealth of the Medical College of Georgia. (9) A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesavers mission is to use state of the art technology in assisting those who care for victims of Alzheimers disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies. (10) A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Cure Kids Cancer' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Health to be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. (11) A special license plate for the child care industry to promote the child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Support Improved Child Care' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve child care. (12) A special license plate to display the motto, 'In God We Trust.' The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (13) A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse. (14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources to address the key needs of the states older population or a nonprofit corporation organized to serve the needs of the states older population. (15) A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. (16) A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County.

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(17) A special license plate for the AIDS Survival Project. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project which is committed to providing people living with HIV the information and support they need to live healthy and productive lives. (18) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to Georgia Support Our Troops, Inc. (19) A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of Confederate Veterans. (20) A special license plate for amyotrophic lateral sclerosis (ALS), also known as 'Lou Gehrigs disease,' to support research and education on amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia. (21) A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia. (22) A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (23) A special license plate for the Atlanta Falcons Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (24) A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support of beautification projects in Georgia. (25) A special license plate displaying the logo of Choose Life, Inc. The words 'Choose Life' must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption. (26) A special license plate supporting education on the maritime history of Georgias coast. The funds raised by the sale of this special license plate shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs supporting education on the maritime history of Georgia. (27) A special license plate supporting programs for persons with brain-related disorders and disabilities. The funds raised by the sale of this special license plate shall be disbursed to Pilot International, for support of programs for persons with brain-related disorders in Georgia. (28) A special license plate supporting agriculture in Georgia. The funds raised by the sale of this special license plate shall be evenly split between Georgia 4-H and the Georgia Association of Future Farmers of America to fund projects promoting

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agriculture in Georgia. (29) A special license plate promoting the Georgia equine industry. The funds raised by the sale of this special license plate shall be disbursed to the Agricultural Commodity Commission for Equines.
SECTION 13. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, and no such motor vehicle license plates shall be issued pursuant to this Act.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Senator Williams of the 19th moved the previous question.
There was no objection and the previous question was ordered.
Senator Butler of the 55th offered the following amendment #1:
Amend the substitute to HB 1053 by striking the quotation marks on line 11 on page 11.
By inserting between lines 11 and 12 on page 11 the following: (30) A special license plate for supporting 'Pro-Family Pro-Choice.' Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Pro-Family Pro-Choice' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to Planned Parenthood of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that provide birth control counseling and supplies, and well-woman health care services.
Senators Kemp of the 46th, Smith of the 52nd and Chance of the 16th offered the following amendment #1a:
Amend amendment #1 (AM 34 0147) to the substitute to HB 1053 by deleting on page 1, lines 7-10 following the phrase "disbursed to" and inserting in lieu thereof the following:
"nonprofit corporations in Georgia that provide adoption services. None of the funds raised by the sale of this special license plate shall be disbursed to any association that provides or counsels for abortions."

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Senator Butler of the 55th asked unanimous consent that her amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Kemp of the 46th asked unanimous consent that his amendment #1a be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Jones of the 10th offered the following amendment #2:
Amend the substitute to HB 1053 by inserting between lines 11 and 12 on page 11 the following: (30) A special license plate for supporting "Bronze Star" for war veterans. The fund raised by the sale shall be disbursed to military fund.
Senators Smith of the 52nd and Jones of the 10th offered the following amendment #2a:
Amend amendment #2 to the substitute to HB 1053 by deleting line 7 on page 1 and inserting in lieu thereof the following: "the National Guard Family Foundation" and by deleting the words "11 and 12" on page one and inserting in lieu thereof the following:
"17 and 18".
On the adoption of the amendment, the yeas were 42, nays 0, and the Smith, Jones amendment #2a was adopted.
On the adoption of the amendment, the yeas were 49, nays 0, and the Jones amendment #2 was adopted as amended.
Senators Harbison of the 15th and Brown of the 26th offered the following amendment #3:
Amend HB 1053 by inserting after line 17 on page 11 the following:
"A special license plate promoting African American History and Tourism in Georgia"
On the adoption of the amendment, the yeas were 39, nays 0, and the Harbison, Brown amendment #3 was adopted.
On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour Y Brown
Bulloch N Butler Y Cagle C 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 Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers C Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D
Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 5.

HB 1053, having received the requisite constitutional majority, was passed by substitute.

Senator Henson of the 41st introduced the doctor of the day, Dr. Scott Bohlke.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 533.

By Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th:

A BILL to be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate:

SR 804. By Senators Moody of the 56th and Shafer of the 48th:

A RESOLUTION to create the North Fulton Boundary Commission; and for other purposes.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1006. By Representatives Ashe of the 56th and Thomas of the 55th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for certain persons and vehicles, so as to emphasize that the renewal registration fees for prestige plates are to be distributed in the same manner as the initial fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Weber of the 40th.

The consent was granted, and HB 1006 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1006, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort

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 Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S

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Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Pearson Y Powell Y Reed Y Rogers C Schaefer
Seabaugh Y Seay Y Shafer,D

Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

HB 1006, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1160. By Representatives Knight of the 126th, Tumlin of the 38th, Mosby of the 90th and O`Neal of the 146th:

A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for additional adjustments with respect to certain Subchapter "S" corporations, partnerships, or limited liability companies; to provide for procedures, conditions, and limitations; to provide for a definition; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Seabaugh of the 28th.

The consent was granted, and HB 1160 was taken from the Table.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts
270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

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February 17, 2006
Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1160 Substitute (LC 18 5131S)
Dear Chairman O'Neal:
This bill would allow for an exclusion from personal income the amount of partnership income taxed at the entity level by another state. This exclusion would only apply to entity level taxes based on income. This provision does not apply to partnership income earned by a corporate or nonprofit partner. This exclusion would apply to all tax years beginning on or after January 1, 2006.
The Georgia State University Fiscal Research Center estimates the revenue impact of this bill would be a reduction in state revenues of approximately $25 million dollars over the five year period from FY 2006 through FY 2010. The Center provided the following analysis of the revenue loss resulting from this bill:
Under current law, a Georgia taxpayer with partnership income earned in another state may be subject to double taxation on the partnership income earned outside of Georgia. This can occur if the other state imposes an entity level tax on the partnership earnings which is then taxed again after distribution at the individual level by Georgia when the Georgia partner reports the partnership earnings. House Bill 1160 would allow the Georgia taxpayer to make an adjustment to Federal AGI equal to the amount of the out of state partnership income that was taxed by another state. A similar adjustment is already allowed for S corporate income when it is taxed as a C corporation by those states that do not recognize S corporations.
Presently, 6 governments levy entity level income taxes on partnerships. These include District of Columbia, Illinois, Kentucky, Ohio, Tennessee, and New Jersey. Michigan, New Hampshire, and Washington also tax partnerships but do not levy an income based tax. In addition, many states impose annual fees on partnerships. This legislation would not allow an exclusion from income for annual fees or for non-income based taxes. Although relatively few states currently impose partnership level taxes at this time, any new income based entity level taxes imposed by additional states will result in additional income being excluded from the Georgia individual tax base and a loss of revenue to the state.

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The estimate for House Bill 1160 is shown below. This estimate is based on data from the IRS Statistics of Income Individual Public Use file which specifies partnership income attributed to personal taxpayers in Georgia.
Revenue loss from HB 1160 (Fiscal year/$ millions)
2006 2007 2008 2009 2010 Total -2 -5 -5 -6 -7 -25
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Shelley C. Nickel, Director Office of Planning and Budget
Pursuant to Senate Rule 4-2.10(a), HB 1160, having been taken from the Table, was put upon its passage.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

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 C Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

HB 1160, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1209. By Representatives Chambers of the 81st, Wilkinson of the 52nd and Watson of the 91st:

A BILL to be entitled an Act to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Miles of the 43rd.

The consent was granted, and HB 1209 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1209, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers C Schaefer
Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

HB 1209, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1227. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 46th.

The consent was granted, and HB 1227 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1227, having been taken from the Table, was put upon its passage.

The Senate Education and Youth Committee offered the following substitute to HB 1227:

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A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new part to read as follows:
Part 8 20-14-90. (a) There is created the Agricultural Education Advisory Commission.
(b)(1) The commission shall consist of three members of the House of Representatives to be appointed by the Speaker of the House, at least one of whom shall be from the House Committee on Agriculture and Consumer Affairs and at least one of whom shall be from the House Committee on Education; three members of the Senate to be appointed by the Senate Committee on Assignments, at least one of whom shall be from the Senate Agriculture and Consumer Affairs Committee and at least one of whom shall be from the Senate Education and Youth Committee; three members who are not members of the General Assembly to be appointed by the Governor; and three members who are not members of the General Assembly to be appointed by the State School Superintendent. (2) Vacancies in the commission shall be filled in the same manner as the original appointments.
(3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve for two year terms concurrent with those terms of legislative members of the commission. (c) The Speaker of the House shall designate one of the commission members from the House of Representatives as a co-chairperson of the commission, and the Senate Committee on Assignments shall designate one of the commission members from the Senate as a co-chairperson of the commission. Each co-chairperson shall serve as such concurrent with his or her term as a member of the commission. (d)(1) The head of the agricultural education program of the Department of Education shall report annually to commission regarding the conditions, needs, issues, and problems of the program.

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(2) The commission shall periodically review the conditions, needs, issues, and problems related to the agricultural education program, issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (e)(1) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The commission shall meet upon the call of either co-chairperson. The commission shall meet not less than two nor more than four times annually. (2) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to the Department of Education. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually. (f) This part shall stand repealed on December 31, 2012.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

Hill,Jack Y Hill,Judson Y Hooks
Hudgens Y Johnson

Y Smith Y Starr Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers C Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Tate
Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 0.

HB 1227, having received the requisite constitutional majority, was passed by substitute.

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 Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1228. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Career and Technical Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harp of the 29th.

The consent was granted, and HB 1228 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1228, having been taken from the Table, was put upon its passage.

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The Senate Higher Education Committee offered the following amendment:

Amend HB 1228 by striking line 4 of page 1 and inserting in lieu thereof the following: terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for automatic repeal; to

By striking line 2 of page 3 and inserting in lieu thereof the following: commission for more than four days annually. (f) This part shall stand repealed on December 31, 2012.

On the adoption of the amendment, the yeas were 40, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle C Carter Y Chance Y Chapman Y Douglas
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 Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1228, having received the requisite constitutional majority, was passed as amended.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following Bill of the Senate:
SB 503. By Senators Hamrick of the 30th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:
SB 238. By Senators Hill of the 32nd and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Lunsford of the 110th, Ralston of the 7th, Tumlin of the 38th.
Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

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HB 1290. By Representatives Hill of the 180th, Lewis of the 15th, Lane of the 167th and Lane of the 158th:
A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the intentional sale or fraudulent transfer or use of the records of a customer of a telephone service provider; to provide a short title; to provide for a fine, imprisonment of not more than ten years, or both; to exempt law enforcement agencies; to provide definitions; to provide a legislative purpose; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Heath of the 31st.
The consent was granted, and HB 1290 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HB 1290, having been taken from the Table, was put upon its passage.
Senator Adelman of the 42nd asked unanimous consent that he be excused from voting on HB 1290 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Adelman was excused.
The Senate Science and Technology Committee offered the following substitute to HB 1290:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating telephone and telegraph services, so as to provide that the unauthorized sale or use of telephone records of a customer is unlawful and constitutes a felony; to provide a short title; to provide a penalty; to provide for certain exemptions including the actions of law enforcement agencies; to provide definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph services, is amended by adding a new Article 6 to read as follows:
ARTICLE 6

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46-5-200. This article shall be known and may be cited as the 'Georgia Telephone Records Protection Act.'
46-5-201. As used in this article, the term:
(1) 'Procure' means to obtain by any means, whether electronically or in writing or in oral form, with or without consideration. (2) 'Telephone' means any device used by a person for voice communications in connection with the services of a voice service provider, whether such voice communications are transmitted in analog, data, or any other form. (3) 'Telephone record' means information retained by a voice service provider that relates to a telephone number dialed by the customer or the incoming telephone numbers of calls directed to a customer or other data related to telephone calls typically contained on a customer telephone bill, such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. (4) 'Voice service provider' means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity that provides telephone services to a customer, irrespective of the communications technology used to provide such service, including, but not limited to, traditional wireline or cable telephone service; cellular, broadband personal communications service, or other wireless telephone service; microwave, satellite, or other terrestrial telephone service; and voice over Internet protocol service.
46-5-202. (a) It shall be a felony, punishable by a fine of not more than $250,000.00, imprisonment for not more than ten years, or both, for a person to do any of the following acts:
(1) To knowingly procure, attempt to procure, solicit, or conspire with another to procure a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means; (2) To knowingly sell, or attempt to sell, a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains; or (3) To receive a telephone record of any resident or business of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means.

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46-5-203. No provision of this article shall be construed so as to prevent any action by a law enforcement agency or any officer or agent of the agency, under color of law, to obtain telephone records in connection with the performance of the official duties of the agency.
46-5-204. (a) No provision of this article shall be construed to prohibit a voice service provider from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly through its agents, vendors, or suppliers, in any of the following circumstances:
(1) As otherwise authorized or permitted by law, including, but not limited to, the sharing of the records with its affiliates; (2) With the consent or approval of the customer or subscriber; (3) As may be reasonably incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to the services; (4) To give access to a governmental entity, if the voice service provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or (5) To give access to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990, 42 U.S.C. Section 13032. (b) The provisions of this article shall not apply to a voice service provider, its employees, agents, or representatives who reasonably and in good faith act pursuant to the provisions of subsection (a) of this Code section, notwithstanding any later determination that the act was not authorized.
46-5-205. No private right of action is authorized pursuant to this article.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Heath of the 31st offered the following amendment:
Amend the Senate Science and Technology Committee substitute (LC 21 8978S) to HB 1290 by inserting between "affiliates" and the semicolon on line 34 on page 2 the following:

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or pursuant to the terms of an interconnection agreement or other contractual agreement between voice service providers

By striking "or" on line 8 on page 3.

By striking the period on line 11 on page 3 and inserting the following: ; or

By inserting between lines 11 and 12 on page 3 the following: (6) Pursuant to a court order or pursuant to a subpoena, discovery request, or notice to produce properly served by any party in a civil action, administrative proceeding, or criminal proceeding.

On the adoption of the amendment, the yeas were 29, nays 0, and the Heath amendment was adopted.

On the adoption of the substitute, the yeas were 34, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle C Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack E 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead C Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 49, nays 0.

HB 1290, having received the requisite constitutional majority, was passed by substitute.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 695. By Representatives Holt of the 112th and Mills of the 25th:

A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to enact the "Disabled Assistants Act"; to revise provisions relating to wild animal permits and licenses; to authorize the issuance of permits for animals to assist persons with disabilities under certain conditions; 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.

The consent was granted, and HB 695 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 695, having been taken from the Table, was put upon its passage.

Senator Brown of the 26th moved the previous question.

There was no objection and the previous question was ordered.

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
N Brown Y Bulloch N Butler Y Cagle C Carter Y Chance Y Chapman Y Douglas N Fort

C Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones N Kemp Y Me V Bremen
Miles Y Moody Y Mullis

Y Smith N Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate
Thomas,D N Thomas,R Y Thompson,C N Thompson,S

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Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp
Heath N Henson

Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Tolleson Y Unterman Y Weber Y Whitehead C Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 32, nays 15.

HB 695, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

SB 64.

By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 572.

By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others:

A BILL to be entitled an Act 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 establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following resolutions were read and adopted:

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SR 1370. By Senators Hooks of the 14th, Johnson of the 1st, Brown of the 26th, Golden of the 8th, Seay of the 34th and others:
A RESOLUTION commending Honorable Terrell Starr; and for other purposes.
Senator Hooks of the 14th introduced Senator Terrell Starr and his family, commended by SR 1370. Senator Starr addressed the Senate briefly.
Senator Starr of the 44th introduced Morris Boyer, commended by SR 1391, adopted previously. Morris Boyer addressed the Senate briefly.
Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:
HB 1187. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Holmes of the 61st, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to change certain provisions regarding selection of the chairperson of the board of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
The consent was granted, and HB 1187 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HB 1187, having been taken from the Table, was put upon its passage.
The Senate Finance Committee offered the following substitute to HB 1187:
A BILL TO BE ENTITLED AN ACT

To amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an

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additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to provide that such changes shall sunset after a period of time; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1. Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, is amended by striking Code Section 48-5-261, relating to classification of counties, and inserting in its place a new Code Section 48-5-261 to read as follows: 48-5-261. For the purpose of administering this part, the counties of this state are placed in the following classes: (1) Class I -- Counties having less than 3,000 parcels of real property; (2) Class II -- Counties having at least 3,000 but less than 8,000 parcels of real property; (3) Class III -- Counties having at least 8,000 but less than 15,000 parcels of real property; (4) Class IV -- Counties having at least 15,000 but less than 25,000 parcels of real property; (5) Class V -- Counties having at least 25,000 but less than 35,000 parcels of real property; (6) Class VI -- Counties having at least 35,000 but less than 50,000 parcels of real property; (7) Class VII -- Counties having at least 50,000 but less than 100,000 parcels of real property; and (8) Class VIII -- Counties having at least 100,000 or more but less than 275,000 parcels of real property.; and (9) Class IX -- Counties having 275,000 or more parcels of real property.

SECTION 2. Said article is further amended by striking Code Section 48-5-262, relating to composition and duties of county appraisal staffs, and inserting in its place a new Code Section 48-5-262 to read as follows:
48-5-262.
(a) Class I counties shall provide for an appraisal staff pursuant to paragraph (1) of Code Section 48-5-260 by:
(1) Employing a full-time appraiser;

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(2) Contracting with a contiguous county to provide the staff requirement; or (3) Contracting with a professional appraisal person to provide the staff requirement. (b) Each county other than Class I counties shall employ a minimum staff of appraisers, to be known as the county property appraisal staff, to perform the duties set forth in this part. For compensation purposes, the appraisers will be designated, lowest grade first, as Appraiser I, Appraiser II, Appraiser III, and Appraiser IV. (c) The minimum staff requirement for each county shall be as follows: (1) Class II counties -- One Appraiser III; (2) Class III counties -- One Appraiser III and one Appraiser I; (3) Class IV counties -- One Appraiser III, one Appraiser II, and one Appraiser I; (4) Class V counties -- Two Appraisers III, two Appraisers II, and one Appraiser I; (5) Class VI counties -- One Appraiser IV, two Appraisers III, two Appraisers II, and one Appraiser I; (6) Class VII counties -- One Appraiser IV, four Appraisers III, one Appraiser II, and two Appraisers I; (7) Class VIII counties -- Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I.; and (8) Class IX counties -- Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I. (d) The establishment of minimum staff requirements shall not preclude any county from employing additional appraisers in order to carry out this part. (e)(1) As used in this subsection, the term 'county civil service system' means any county civil service system, county merit system, county personnel plan or policy, or stated rules of work.
(2)(A) The Except as otherwise provided in subparagraph (B) of this paragraph, the county governing authority shall be authorized, in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that staff and employees of the county board of tax assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the county board of tax assessors may hire and manage such employees, but only in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295. (B) The chief appraiser, appraisers, staff, and employees of the county board of tax assessors in Class IX counties shall be positions of employment covered by the county civil service system. The county manager may hire and manage the chief appraiser, appraisers, staff, and employees in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 485-295.

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SECTION 3. Said article is further amended by striking Code Section 48-5-264, relating to designation and duties of chief appraisers, and inserting in its place a new Code Section 48-5-264 to read as follows:
48-5-264. (a) The Except as otherwise provided in subsection (b) of this Code section, the board of tax assessors in each county other than a Class IX county shall designate an Appraiser IV or, in those counties not having an Appraiser IV, an Appraiser III as the chief appraiser of the county. (b) In each Class IX county, the chief appraiser shall be selected pursuant to subparagraph (e)(2)(B) of Code Section 48-5-262. (c) The chief appraiser shall be responsible for:
(1) The operation and functioning of the county property appraisal staff; (2) Certifying and signing documents prepared by the staff; and (3) Implementing procedures deemed necessary for the efficient operation of the staff. (b)(d) The chief appraiser of any county other than a Class IX county may appoint an assistant and may delegate his such chief appraisers authority in writing to the assistant. (c)(e) The chief appraiser may be a member of the county board of tax assessors.
SECTION 4. Said article is further amended by striking subsection (b) of Code Section 48-5-290, relating to creation of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows:
(b) Except as otherwise provided in Code Section 48-5-309 with respect to the election of board members, each county board of tax assessors shall consist of not less than three nor more than five members to be appointed by the county governing authority.
SECTION 5. Said article is further amended by striking Code Section 48-5-309, relating to applicability of such article to certain boards of tax assessors, and inserting in its place new Code Sections 48-5-309 and 48-5-309.1 to read as follows:
48-5-309. (a) Nothing contained in Code Sections 48-5-291 through 48-5-300 and 48-5-302 through 48-5-308 regarding appointment, terms of office, vacancies, removals, qualifications, or compensation of members of county boards of tax assessors shall apply to any county which has elected to elect the members of its county board of tax assessors. (b) Nothing contained in Code Sections 48-5-291 through 48-5-297, 48-5-299, 48-5300, and 48-5-302 through 48-5-308 regarding appointment or terms of office of members of county boards of tax assessors shall apply to Class IX counties.

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48-5-309.1 In each Class IX county, the members of the board of assessors shall be nominated by the chairperson of the county board of commissioners subject to approval by the county board of commissioners. The members shall be appointed for terms of office of four years. The members shall serve only for the duration of the four-year term and shall serve until their respective successors are appointed and qualified. No person shall be eligible to serve as a member of the board of assessors more than two terms of office.
PART II SECTION 6. Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, is amended by striking Code Section 48-5-261, relating to classification of counties, and inserting in its place a new Code Section 48-5-261 to read as follows: 48-5-261. For the purpose of administering this part, the counties of this state are placed in the following classes: (1) Class I -- Counties having less than 3,000 parcels of real property; (2) Class II -- Counties having at least 3,000 but less than 8,000 parcels of real property; (3) Class III -- Counties having at least 8,000 but less than 15,000 parcels of real property; (4) Class IV -- Counties having at least 15,000 but less than 25,000 parcels of real property; (5) Class V -- Counties having at least 25,000 but less than 35,000 parcels of real property; (6) Class VI -- Counties having at least 35,000 but less than 50,000 parcels of real property; (7) Class VII -- Counties having at least 50,000 but less than 100,000 parcels of real property; and (8) Class VIII -- Counties having at least 100,000 or more parcels of real property.
SECTION 7. Said article is further amended by striking Code Section 48-5-262, relating to composition and duties of county appraisal staffs, and inserting in its place a new Code Section 48-5-262 to read as follows:
48-5-262. (a) Class I counties shall provide for an appraisal staff pursuant to paragraph (1) of Code Section 48-5-260 by:
(1) Employing a full-time appraiser; (2) Contracting with a contiguous county to provide the staff requirement; or (3) Contracting with a professional appraisal person to provide the staff requirement.

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(b) Each county other than Class I counties shall employ a minimum staff of appraisers, to be known as the county property appraisal staff, to perform the duties set forth in this part. For compensation purposes, the appraisers will be designated, lowest grade first, as Appraiser I, Appraiser II, Appraiser III, and Appraiser IV. (c) The minimum staff requirement for each county shall be as follows:
(1) Class II counties -- One Appraiser III; (2) Class III counties -- One Appraiser III and one Appraiser I; (3) Class IV counties -- One Appraiser III, one Appraiser II, and one Appraiser I; (4) Class V counties -- Two Appraisers III, two Appraisers II, and one Appraiser I; (5) Class VI counties -- One Appraiser IV, two Appraisers III, two Appraisers II, and one Appraiser I; (6) Class VII counties -- One Appraiser IV, four Appraisers III, one Appraiser II, and two Appraisers I; and (7) Class VIII counties -- Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I. (d) The establishment of minimum staff requirements shall not preclude any county from employing additional appraisers in order to carry out this part. (e)(1) As used in this subsection, the term 'county civil service system' means any county civil service system, county merit system, county personnel plan or policy, or stated rules of work. (2) The county governing authority shall be authorized, in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that staff and employees of the county board of tax assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the county board of tax assessors may hire and manage such employees, but only in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295.
SECTION 8. Said article is further amended by striking Code Section 48-5-264, relating to designation and duties of chief appraisers, and inserting in its place a new Code Section 48-5-264 to read as follows:
48-5-264. (a) The board of tax assessors in each county shall designate an Appraiser IV or, in those counties not having an Appraiser IV, an Appraiser III as the chief appraiser of the county. The chief appraiser shall be responsible for:
(1) The operation and functioning of the county property appraisal staff; (2) Certifying and signing documents prepared by the staff; and (3) Implementing procedures deemed necessary for the efficient operation of the staff. (b) The chief appraiser may appoint an assistant and may delegate his authority in

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writing to the assistant. (c) The chief appraiser may be a member of the county board of tax assessors.
SECTION 9. Said article is further amended by striking subsection (b) of Code Section 48-5-290, relating to creation of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows:
(b) Except as provided in Code Section 48-5-309 with respect to the election of board members, each county board of tax assessors shall consist of not less than three nor more than five members to be appointed by the county governing authority.
SECTION 10. Said article is further amended by striking Code Section 48-5-309, relating to applicability of such article to certain boards of tax assessors, and inserting in its place new Code Sections 48-5-309 and 48-5-309.1 to read as follows:
48-5-309. Nothing contained in Code Sections 48-5-291 through 48-5-300 and 48-5-302 through 48-5-308 regarding appointment, terms of office, vacancies, removals, qualifications, or compensation of members of county boards of tax assessors shall apply to any county which has elected to elect the members of its county board of tax assessors.
48-5-309.1 In each Class IX county, the members of the board of assessors shall be nominated by the chairperson of the county board of commissioners subject to approval by the county board of commissioners. The members shall be appointed for terms of office of four years. The members shall serve only for the duration of the four-year term and shall serve until their respective successors are appointed and qualified. No person shall be eligible to serve as a member of the board of assessors more than two terms of office.
PART III SECTION 11. (a) This section and Section 12 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall stand repealed in its entirety on December 31, 2009. (c) Part II of this Act shall become effective on January 1, 2010.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch
Butler Y Cagle C Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

C Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead C Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 1187, having received the requisite constitutional majority, was passed by substitute.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th:
A BILL to be entitled an Act 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 require prior legislative approval for the submission of certain waivers

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pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Goggans of the 7th.
The consent was granted, and HB 1473 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HB 1473, having been taken from the Table, was put upon its passage.
The Senate Appropriations Committee offered the following substitute to HB 1473:
A BILL TO BE ENTITLED AN ACT
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 require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for a limit on the effective date of the Medicaid estate recovery program; to provide for substantial and unreasonable hardship waivers when the estate of the Medicaid recipient is valued at $100,000.00 or less; to provide for notice requirements; to provide for installment payments; to provide for submission of an amendment to the state plan; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows:
49-4-142.1. On and after the effective date of this Code section, neither the department, the board, nor any other representative of the state shall submit any request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act without prior legislative approval. This shall only apply to waivers that relate to Medicaid modernization, Medicaid transformation, or a Medicaid reform model that would affect 20,000 or more individuals in Georgia Medicaid population. The prior legislative approval required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly.

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SECTION 2. Said article is further amended by striking Code Section 49-4-147.1, relating to claims by the department against the estate of Medicaid recipients, and inserting in lieu thereof the following:
49-4-147.1.
(a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such persons behalf by the department. A claim shall be made against the estate of a deceased Medicaid recipient only if at the time of application for medical assistance, the applicant received written notice that the medical assistance costs could be recovered from the applicants estate and the applicant signed a written acknowledgment of receipt of such notice, the estate is otherwise subject to recovery, if no hardship or other exemption exists. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists. (b) The estate recovery program established pursuant to this Code section shall not be effective any earlier than the effective date of this subsection. In no event shall the department make claims against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such persons behalf prior to the effective date of this subsection. (c) The commissioner shall delay execution of a claim against the estate where the dependents or heirs agree to pay the full amount of the claim in reasonable installments. (d) A substantial and unreasonable hardship shall include, but not be limited to, estates of Medicaid recipients that are valued at $100,000.00 or less. The value of the estate shall not include years support, funeral expenses not to exceed $5,000.00, necessary expenses of administration, or reasonable expenses of the recipients last illness. No later than July 1, 2006, the department shall submit an amendment to the state plan with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services reflecting the provisions of this subsection. In the event that such amended state plan is not approved, this subsection shall stand repealed in its entirety.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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Senators Goggans of the 7th and Williams of the 19th offered the following amendment #1:
Amend the Senate Appropriations Committee substitute to HB 1473 (LC 33 1542S) by striking from lines 2 and 3 of page 1 the following:
to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act;
By striking lines 11 through 23 of page 1.
By redesignating Sections 2, 3, and 4 as Sections 1, 2, and 3, respectively.
On the adoption of the amendment, the yeas were 29, nays 0, and the Goggans, Williams amendment #1 was adopted.

Senators Meyer von Bremen of the 12th and Goggans of the 7th offered the following amendment #2:
Amend the substitute to HB 1473 (LC 33 1542S) by striking all matter on lines 5 and 6 of page 1 and inserting in place thereof the following: provide for substantial and unreasonable hardship waivers under certain circumstances; to provide for notice requirements; to provide for
By striking all matter on lines 24, 25, and 26 of page 2 and inserting in place thereof the following:
(d) A substantial and unreasonable hardship shall be presumed to exist where the proposed recovery would reduce the value of the estate below $100,000.00. The value of the estate for this purpose shall not include years support, funeral and burial expenses, necessary expenses of
On the adoption of the amendment, the yeas were 36, nays 0, and the Meyer von Bremen, Goggans amendment #2 was adopted.

On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman C Balfour
Brown Y Bulloch
Butler C 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

C 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 Starr
Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 1.

HB 1473, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House 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 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others:
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

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of law enforcement and emergency vehicles, so as to allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Dollar of the 45th, Freeman of the 140th, Roberts of the 154th.

The House has disagreed to the Senate substitute to the following Bill of the House:

HB 941.

By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; to repeal conflicting laws; and for other purposes.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1392. By Representatives Hembree of the 67th, Rice of the 51st, Murphy of the 23rd and Yates of the 73rd:

A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 46th.

The consent was granted, and HB 1392 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1392, having been taken from the Table, was put upon its passage.

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The Senate Public Safety and Homeland Security Committee offered the following substitute to HB 1392:
A BILL TO BE ENTITLED AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of vehicles that may be operated under noncommercial Class C drivers license relative to farmers towing vehicles hauling agricultural products, livestock, farm machinery, or farm supplies; to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer transporting vehicles hauling agricultural products, livestock, farm machinery, or farm products; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-23, relating to classes of licenses, by striking subsection (c) and inserting in lieu thereof the following:
(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows:
Class A -- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B and Class C; Class B -- Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C; Class C -- Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm, and are not used in the operations of a common or contract carrier; Class D -- Provisional license applicable to noncommercial Class C vehicles for

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which an applicant desires a drivers license but is not presently licensed to drive; Class M -- Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P -- Instructional permit applicable to all types of vehicles for which an applicant desires a drivers license but is not presently licensed to drive. Any applicant for a Class A or Class B license must possess a valid Georgia drivers license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial drivers license.

SECTION 2. Said title is further amended by adding a new Code Section 40-6-77 to read as follows:
40-6-77.
Any person who causes a serious injury to another person as a result of a collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies by committing any right of way violation under this chapter when such motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies is abiding by the provisions of this title shall be guilty of a misdemeanor and shall be punished by a fine of not less than $250.00 in addition to any other penalties stipulated by law. For purposes of this Code section, serious injury shall include, but shall not be limited to, causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the committee substitute was adopted.

Senator Harp of the 29th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler

C Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Starr
Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis
Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Tate
Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

HB 1392, having received the requisite constitutional majority, was passed by substitute.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1008. By Representative Carter of the 159th:

A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

The consent was granted, and HB 1008 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1008, having been taken from the Table, was put upon its passage.

Senator Johnson of the 1st offered the following amendment:

Amend HB 1008 by inserting "to provide for a contingent effective date; "after "matters;" on line 4 of page 1.

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By inserting between lines 21 and 22 of page 3 the following:

SECTION 2A. This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.

On the adoption of the amendment, the yeas were 31, nays 1, and the Johnson amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp
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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1008, having received the requisite constitutional majority, was passed as amended.

The following bill was taken up to consider House action thereto:

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SB 64. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to provide for an exception to the requirement that designated officers enforcing traffic laws have a blue light on the roof of their vehicles; to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to provide motorists an opportunity to continue to drive until a reasonably safe location for stopping is reached when being stopped by a law enforcement officer in a marked vehicle; to provide for specific procedures therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, is amended by striking the Code section and inserting in lieu thereof a new Code Section 40-1-7 to read as follows:
40-1-7. Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent exterior mounted roof blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to vehicles of the Georgia State Patrol operating a vehicle marked in accordance with Code Section

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40-8-91, with flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle, and which also has an illuminating agency identifier reasonably visible to a driver of a vehicle subject to a traffic stop; provided, however, that the Georgia State Patrol shall not be permitted to have more than two vehicles per post without such exterior mounted roof lights. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.
SECTION 2. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, is amended by adding immediately following subsection (d) new subsections (e) and (f) to read as follows:
(e) Whenever a motorist driving on the roadways of this state is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehicles flashing lights or turn signal. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit. (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Douglas of the 17th asked unanimous consent that the Senate disagree to the House substitute to SB 64.
The consent was granted, and the Senate disagreed to the House substitute to SB 64.
The following resolution was taken up to consider House action thereto:
SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer

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County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.

Senator Grant of the 25th moved that the Senate recede from its disagreement to the House substitute to SR 823.

On the motion, 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
Hamrick Y Harbison Y Harp Y Heath Y Henson

C 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
Schaefer Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Stephens
Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House substitute to SR 823.

Senator Goggans of the 7th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

The following bill was taken up to consider House action thereto:

SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others:

A BILL to be entitled an Act 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 establish and define a crime of medical assistance managed care fraud;

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to change certain provisions relating to administrative hearings and appeals; 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 Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to change certain provisions relating to unlawful acts regarding Medicaid; to provide for inclusion of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for hearings on disputed payments before an administrative law judge; to provide for procedure related to such hearings, including assessment of costs; to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for a limit on the effective date of the Medicaid estate recovery program; to provide for substantial and unreasonable hardship waivers on any claim against the first $100,000.00 of any homestead; to provide for notice requirements; to provide for installment payments; to provide for submission of an amendment to the state plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia, relating to medical assistance generally, is amended by adding a new Code section to read as follows:
49-4-142.1. On and after the effective date of this Code section, neither the department, the board, nor any other representative of the state shall submit any request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act without prior legislative approval. This shall apply only to waivers that relate to Medicaid modernization, Medicaid transformation, or a Medicaid reform model that would affect 20,000 or more individuals in the Georgia Medicaid population. The prior legislative approval required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly.
SECTION 2. Said article is further amended striking subsections (a) and (b) of Code Section 49-4146.1, relating to unlawful acts regarding Medicaid, and inserting in lieu thereof new subsections (a), (b), and (i) to read as follows:

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(a) As used in this Code section, the term:
(1) 'Agent' means any person who has been delegated the authority to obligate or act on behalf of a provider. (2) 'Convicted' means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending. (3) 'Indirect ownership interest' means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity. (4) 'Managing employee' means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organization, or agency. (5) 'Payment' includes a payment or approval for payment, any portion of which is paid by the Georgia Medicaid program, or by a contractor, subcontractor, or agent for the Georgia Medicaid program pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (5)(6) 'Person' means any person, firm, corporation, partnership, or other entity. (6)(7) 'Person with an ownership or control interest' means a person who:
(A) Has ownership interest totaling 5 percent or more in a provider; (B) Has an indirect ownership interest equal to 5 percent or more in a provider; (C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider; (D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider; (E) Is an officer or director of a provider that is organized as a corporation; or (F) Is a partner in a provider entity that is organized as a partnership. (7)(8) 'Provider' means an actual or prospective provider of medical assistance under this chapter. The term 'provider' shall also include any managed care organization providing services pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (b) It is shall be unlawful: (1) For any person or provider to obtain, or attempt to obtain, or retain for himself, herself, or any other person any medical assistance or other benefits or payments under this article, or under a managed care program operated, funded, or reimbursed by the Georgia Medicaid program, to which the person or provider is not entitled, or in an amount greater than that to which the person or provider is entitled, when the assistance, benefit, or payment is obtained, or attempted to be obtained, or retained, by: (A) Knowingly and willfully making a false statement or false representation; (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device; or (2) For any person or provider knowingly and willfully to accept medical assistance

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payments to which he or she is not entitled or in an amount greater than that to which he or she is entitled, or knowingly and willfully to falsify any report or document required under this article.
(i) It shall be the duty of the department to identify and investigate violations of this article and to turn over to the prosecuting attorney, for prosecution, any information concerning any recipient of medical assistance who violates this article.
SECTION 3. Said article is further amended by striking Code Section 49-4-147.1, relating to claims by the department against the estate of Medicaid recipients, and inserting in lieu thereof the following:
49-4-147.1. (a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such persons behalf by the department. A claim shall be made against the estate of a deceased Medicaid recipient only if at the time of application for medical assistance the applicant received written notice that the medical assistance costs could be recovered from the applicants estate and the applicant signed a written acknowledgment of receipt of such notice, the estate is otherwise subject to recovery, if no hardship or other exemption exists. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists. (b) The estate recovery program established pursuant to this Code section shall not be effective any earlier than the effective date of this subsection. In no event shall the department make claims against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such persons behalf prior to the effective date of this subsection. (c) The commissioner shall delay execution of a claim against the estate where the dependents or heirs agree to pay the full amount of the claim in reasonable installments. (d) To prevent substantial and unreasonable hardship, the commissioner shall waive any claim against the first $100,000.00 of any estate. The commissioner shall annually adjust this exemption based on changes in the consumer price index. The value of the estate shall not include years support, funeral expenses not to exceed $5,000.00, necessary expenses of administration, or reasonable expenses of the recipients last illness. No later than July 1, 2006, the department shall submit an amendment to the state plan with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services reflecting the provisions of this subsection. In the event that such amended state plan is not approved, this subsection shall stand repealed in its entirety.

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SECTION 4. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by striking subsection (b) and inserting in lieu thereof the following:
(b)(1) Any applicant for medical assistance whose application is denied or is not
acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction of the Department of Community Health as to any medical or remedial care or service which such recipient alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his or her request for such in writing and in accordance with the applicable rules and regulations of the department and the Office of State Administrative Hearings. As a result of the written request for hearing, a written recommendation shall be rendered in writing by the administrative law judge assigned to hear the matter. Should a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request in writing to the commissioner or the commissioners designated representative within 30 days of his or her receipt of the hearing decision. The commissioner, or the commissioners designated representative, has ten 30 days from the receipt of the request for appeal to affirm, modify, or reverse the decision appealed from. A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection except those expressly made confidential or privileged by statute. If the commissioner fails to issue a decision, the initial recommended decision shall become the final administrative decision of the commissioner.
(2)(A) A provider of medical assistance may request a hearing on a decision of the Department of Community Health with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the providers request for hearing to the Office of State Administrative Hearings. The providers request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the Department of Community Health which is the basis for the appeal. (B) The Office of State Administrative Hearings shall assign an administrative law

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judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (C) A request for hearing by a nursing home provider shall stay any recovery or recoupment action. (D) Should the decision of the administrative law judge be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner, or the commissioners designated representative, may affirm, modify, or reverse the decision appealed from. (3) A person or institution who either has been refused enrollment as a provider in the state plan or has been terminated as a provider by the Department of Community Health shall be entitled to a hearing; provided, however, that no entitlement to a hearing before the department shall lie for refusals or terminations based on the want of any license, permit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department of Community Health, which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department of Community Health. In cases where an entitlement to a hearing before the Department of Community Health, pursuant to this paragraph, lies, the Department of Community Health shall give written notice of either the denial of enrollment or termination from enrollment to the affected person or institution; and such notice shall include the reasons of the Department of Community Health for denial or termination. Should such a person or institution desire to contest the initial decision of the Department of Community Health, he or she must give written notice of his or her appeal to the commissioner of community health within ten days after the date on which the notice of denial or notice of termination was transmitted to him or her. A hearing shall be scheduled and commenced within 20 days after the date on which the commissioner receives the notice of appeal; and the commissioner or his or her designee or designees shall render a final administrative decision as soon as practicable thereafter.
SECTION 5. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of

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remedial or punitive measures against a nursing facility, by adding a new subsection (e) to read as follows:
(e)(1) A provider of medical assistance may request a hearing on a decision of a care management organization with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-1315 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the providers request for hearing to the Office of State Administrative Hearings, but shall not be a party to the proceedings. The providers request for hearing shall identify the care management organization with which the provider has a dispute, the issues under appeal, and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the care management organization which is the basis for the appeal. (2) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (3) The decision of the administrative law judge shall be the final administrative remedy available to the provider. Review thereafter shall proceed in accordance with Code Section 50-13-19. The fees and expenses of the Office of State Administrative Hearings may, at the administrative law judges discretion, be assessed against the party against whom the administrative law judge enters his or her order.
SECTION 6. This Act shall become effective on April 1, 2006, or upon its approval by the Governor, whichever last occurs, or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Senator Goggans of the 7th asked unanimous consent that the Senate disagree to the House substitute to SB 572.
The consent was granted, and the Senate disagreed to the House substitute to SB 572.

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The following bill was taken up to consider House action thereto:
SB 664. By Senator Pearson of the 51st:
A BILL to be entitled an Act to create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; 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 create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.

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This Act shall be known and may be cited as the "Pickens County Airport Authority Act."
SECTION 2. Legislative findings.
The General Assembly determines and finds that there is present and projected growth in commercial and private air traffic in the Pickens County area. There is the need for adequate airport safety and efficiency to serve the air transportation needs of Pickens County, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state to ensure the proper economic development of the region and the entire state.
SECTION 3. Pickens County Airport Authority.
(a) There is created a body corporate and politic, to be known as the Pickens County Airport Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts. (b) The authority shall consist of seven members who shall be residents of Pickens County. Two of the members shall be appointed by the governing authority of Pickens County for terms of office for four years each. Two of the members shall be appointed by the Pickens County Development Authority for terms of office for four years each. Three of the members shall be appointed by the governing authority of Pickens County for two-year terms of office. After the first term expires, members of the authority shall serve the terms specified until their respective successors are appointed and qualified. Each of the members shall be appointed for four years. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. At least three members of the authority shall at all times be pilots fully licensed by the Federal Aviation Agency with a minimum third class medical or as required for their licenses and shall also be legally current per Federal Aviation Agency regulations as required by their respective licenses and ratings. At least one member shall be a Pickens County business owner who in a normal course of his or her business uses an aircraft that is based at the Pickens County Airport. At least one member will be a citizen at large of Pickens County. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. The authority shall have

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perpetual existence. (c) The commissioner and selected members of the county staff may serve as ex officio members of the authority; provided, however, that ex officio members shall not have voting rights. (d) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and have been a resident of Pickens County for at least one year prior to the date of such persons appointment and shall not have been convicted of a felony. Each appointee shall have demonstrated an interest in the positive economic development of the county. (e) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (f) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (g) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such persons residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such persons duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (h) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Pickens County or residents of any area affected by the actions of the authority. The authority may go into executive session to discuss matters of personnel, real estate acquisition or disposal, and litigation. No votes may be taken during an executive session.
SECTION 4. Definitions.
(a) As used in this Act, the term: (1) "Airport" means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, cargo, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking

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of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all land originally acquired by Pickens County for the establishment of a county airport, and any land to be deeded to the City of Jasper or Pickens County for airport use, including, without limitation, aviation easements, and other real or personal property. (2) "Authority" means the Pickens County Airport Authority created by this Act. (3) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (5) "Revenue bonds" and "bonds" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions of

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this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of the property or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may not acquire any airport of any county, municipality, or combination thereof unless such county, municipality, or both agree to pay to the authority, so long as it operates such airport, at least the amount of airport operating expenses funded by taxes, fees, and assessments of such county, municipality, or combination thereof prior to such acquisition. Nothing in this paragraph shall give the authority the power of eminent domain and the authority shall not condemn property in order to pursue its lawful purposes; (3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations and terms of service; (4) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of the projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state; (5) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (6) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (7) To accept loans and grants of money or materials or property of any kind from the

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State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (10) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, be payable at such time or times, shall mature at such time or times not exceeding 50 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
SECTION 7. Revenue bonds; form; denomination; registration; place of payment.
The authority shall determine the form of the bonds, including any interest coupons to be attached thereon, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
SECTION 8. Revenue bonds; signatures; seal.
In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of

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such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
SECTION 9. Revenue bonds; negotiability; exemption from taxation.
All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income there from shall be exempt from all taxation within this state.
SECTION 10. Revenue bonds; sale; price; proceeds.
The authority may sell such bonds in such manner and for such a price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
SECTION 11. Revenue bonds; interim receipts; certificates; temporary bonds.
Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
SECTION 12. Revenue bonds; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 13. Revenue bonds; conditions precedent to issuance.
Such revenue bonds may be issued without any other proceedings or the happening of

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any other conditions or things other than those proceedings, conditions, and filings which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
SECTION 14. Credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Pickens County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county, nor individual members of the authority, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 15. Trust indenture as security.
In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of the law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing,

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such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indentures may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 16. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 17. Sinking fund.
The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over the other. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

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SECTION 18. Remedies of bondholders.
Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
SECTION 19. Refunding bonds.
The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and any premium. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 20. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of the validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Pickens County Airport Authority.

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SECTION 21. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Pickens County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 22. Interest of bondholders protected.
While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will complete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and holders of any such bonds, and, upon the issuance of bonds, under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 23. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 24. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating an airport and the usual facilities related thereto, and improving of such facilities, acquiring facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings.

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SECTION 25. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates, to revise the same from time to time, and to collect tolls and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
SECTION 26. Rules and regulations for operation of projects.
It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.
SECTION 27. Tort immunity.
The authority shall have the same immunity and exemption from liability for torts and negligence as Pickens County; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Pickens County as when in the performance of their public duties or work for the county.

SECTION 28. Tax exemption.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include

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exemptions from sales and use taxes on property purchased by the authority or for use by the authority.

SECTION 29. Powers declared supplemental and additional.

The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. This Act shall not and does not in any way take from Pickens County or any municipality located therein or any adjoining county the authority to work, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 30. Liberal construction of this Act.

This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes of this Act.

SECTION 31. Effective date.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 32. Repealer.

All laws and parts of laws in conflict with this Act are repealed.

Senator Pearson of the 51st moved that the Senate agree to the House substitute to SB 664.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler
Cagle Y Carter

C 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 Tarver Y Tate

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Y Chance Chapman
Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

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 Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 664.

The following bill was taken up to consider House action thereto:

HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others:

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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senator Carter of the 13th asked unanimous consent that the Senate adhere to its amendment to HB 1216 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Carter of the 13th, Chance of the 16th and Seabaugh of the 28th.

Senator Tarver of the 22nd asked unanimous consent that Senator Powell of the 23rd be excused. The consent was granted, and Senator Powell was excused.

Senator Carter of the 13th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

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HB 1385. By Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th and Forster of the 3rd:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to amend Chapter 2 of Title 25 of the O.C.G.A., relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such services; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Heath of the 31st.
The consent was granted, and HB 1385 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HB 1385, having been taken from the Table, was put upon its passage.
The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1385:
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; to provide for exceptions; to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal,

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state inspector, or designated code official cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, is amended by striking subsection (g) of Code Section 8-2-26, relating to enforcement of codes generally, and inserting in lieu thereof a new subsection (g) to read as follows:
(g)(1) If a governing authority of a county or municipality cannot provide plan review within 30 business days of receiving a written application for permitting in accordance with the code officials plan submittal process or within the time frames established in Code Sections 12-7-9 and 12-7-10 for erosion and sedimentation control plans or inspection services within two business days of receiving a valid written request for inspection, then, in lieu of plan review or inspection by inspectors or other personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review or inspection shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review or inspection. As used in this subsection, the term 'private professional provider' means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, and who is not an employee of or otherwise affiliated with or financially interested in such the person, firm, or corporation, to provide the required inspection engaged in the construction project to be reviewed or inspected. The local governing authority shall advise the permit applicant in writing if requested by the applicant at the time the complete submittal application for a permit in accordance with the code officials plan submittal process is received that the local governing authority intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. The plan submittal process shall include those procedures and approvals required by the local jurisdiction before plan review can take place. If the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider

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as provided in this subsection. The permit applicant and the local governing authority may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, and does not permit the applicant to use the services of a private professional provider and the local governing authority fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, the local governing authority shall issue the applicant a project initiation permit to allow the applicant to begin work on the project, provided that portion of the initial phase of work is compliant with applicable codes, laws, and rules. If a full permit is not issued for the portion requested for permitting, then the governing authority shall have an additional 20 business days to complete the review and issue the full permit. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmittal shall be governed by subparagraphs (C) through (E) of paragraph (7) of this subsection. (2) Any plan review or inspection conducted by a registered private professional engineer provider shall be no less extensive than an inspection plan reviews or inspections conducted by a county or municipal inspector personnel. (3) The person, firm, or corporation retaining a registered private professional engineer provider to conduct a plan review or an inspection shall be required to pay to the county or municipality which requires the plan review or inspection the same permit regulatory fees and charges which would have been required had the plan review or inspection been conducted by a county or municipal inspector. (4) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes; the Manual for Erosion and Sediment Control in Georgia as of January 1 of the year in which the land disturbing activity was permitted; and the requirements of subsection (b) of Code Section 12-7-6, if applicable to the project. Upon determining that the plans reviewed comply with the applicable codes, such private professional provider shall prepare an affidavit or affidavits on a form adopted by the Department of Community Affairs certifying under oath that the following is true and correct to the best of such private professional providers knowledge and belief and in accordance with the applicable professional standard of care:
(A) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage stipulated in this subsection; and (B) The plans comply with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes; the Manual for Erosion and Sediment

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Control in Georgia; and the requirements of subsection (b) of Code Section 12-7-6, if applicable to the project. (5) All private professional providers providing plan review or inspection services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. A local enforcement agency, local building official, or local government may establish, for private professional providers working within that jurisdiction, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection. (4)(6) The registered private professional engineer provider shall be empowered to perform any plan review or inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a building permit or certificate of occupancy by the governing authority of any county or municipality, provided that the plan review or inspection is within the scope of such engineers branch of engineering expertise private professional providers area of competency. Private professional providers providing soil erosion and sedimentation control plan review for issuing authorities shall have the Level II Training Certification as provided in Code Section 12-7-19. (5)(7)(A) The registered permit applicant shall submit a copy of the private professional engineer shall submit a copy of his or her inspection providers plan review report to the county or municipality. Such plan review report shall include at a minimum all of the following:
(i) The affidavit of the private professional provider required pursuant to this subsection; (ii) The applicable fees; and (iii) Any documents required by the local official and any other documents necessary to determine that the permit applicant has secured all other governmental approvals required by law. (B) No more than 30 business days after receipt of a permit application and the affidavit from the private professional provider required pursuant to this subsection, the local building official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes, as well as the specific code chapters and sections. If the local building official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the local building official on the next

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business day. (C) If the local building official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit revisions to correct the deficiencies. (D) If the permit applicant submits revisions, the local building official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. If the local building official does not provide the second written notice within the prescribed time period, the permit shall be issued by the local building official on the next business day. (E) If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the local building official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. (6)(8) Upon submission by the registered private professional engineer provider of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the registered private professional engineer provider without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the registered private professional engineer provider, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the registered private professional engineer provider with a written description of the deficiencies and specific code requirements that have not been adequately addressed. (7)(9) A local governing authority may provide for the prequalification of registered private professional engineers providers who may perform plan reviews or inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authoritys intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriffs advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a registered private professional engineer provider only on the basis of the engineers private professional providers expertise with respect to the

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objectives of the inspection this subsection, as demonstrated by the engineers private professional providers experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance for plan review personnel currently directly employed by such local governing authority. (8)(10) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. (11) This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or structures that impact national or state homeland security, or any building defined as a high-rise building in the State Minimum Standards Code; provided, however, that interior tenant build-out projects within high-rise buildings are not exempt from this subsection. (12) If the local building official determines that the building construction or plans do not comply with the applicable codes, the official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law, after giving notice and opportunity to remedy the violation, if the official determines noncompliance with state or local laws, codes, or ordinances, provided that:
(A) The local building official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (B) If the local building official and the private professional provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agencys board of appeals, if one exists, which shall consider the matter not later than its next scheduled meeting. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. The Department of Community Affairs shall develop rules and regulations which shall establish reasonable time frames and fees to carry out the provisions of this paragraph. (13) The local government, the local building official, and local building code enforcement personnel and agents of the local government shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with building code plan review and inspection services by private professional providers as provided in this subsection. (14) Except as provided in paragraph (9) of this subsection and Chapter 7 of Title 12, no local enforcement agency, local code official, or local government shall adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this subsection. (15) Nothing in this subsection shall limit the authority of the local code official to issue a stop-work order for a building project or any portion of such project, as provided by law, after giving notice and opportunity to remedy the violation, if the

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official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. (16) When performing building code plan reviews or inspection services, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional providers license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional providers performance of building code plan reviews or inspection services shall be conducted by the applicable professional licensing board. Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional providers license or certification under Chapters 4 and 15 of Title 43, any local building official may decline to accept building code plan reviews or inspection services submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies. (17) Nothing in this subsection shall apply to inspections for erosion and sedimentation control exempted in Code Section 8-2-26.1.
SECTION 2. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, is amended by striking subsection (a) of Code Section 25-2-14, relating to requirement, issuance, etc., of building permits and certificates of occupancy for buildings presenting special hazards to persons or property, and inserting in lieu thereof a new subsection (a) to read as follows:
(a)(1) Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner.
(2)(A) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official cannot provide plan review within 30 business days of receiving a written application for permitting in accordance with the code officials plan submittal process, then, in lieu of plan review by personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review, regardless if the plan review is required by subsection (a) of this Code section or by local county or municipal ordinance, shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review. As used in this paragraph, the term 'private

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professional provider' means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed. (B) The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall advise the permit applicant at the time the complete submittal application for a permit in accordance with the code officials plan submittal process is received that the state fire marshal, the proper local fire marshal, state inspector, or designated code official intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. The plan submittal process shall include those procedures and approvals required by the local jurisdiction before plan review can take place. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official and does not permit the applicant to use the services of a private professional provider and the state fire marshal, the proper local fire marshal, state inspector, or designated code official fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the applicant a project initiation permit to allow the applicant to begin work on the project, provided that portion of the initial phase of work is compliant with applicable codes, laws, and rules. If a full permit is not issued for the portion requested for permitting, then the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional 20 business days to complete the review and issue the full permit. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmittal shall be governed by divisions (2)(H)(iii) through (2)(H)(v) of this subsection. (C) Any plan review or inspection conducted by a private professional provider shall be no less extensive than plan reviews or inspections conducted by state,

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county, or municipal personnel responsible for review of plans for compliance with the states minimum fire safety standards and, where applicable, the states minimum accessibility standards. (D) The person, firm, or corporation retaining a private professional provider to conduct a plan review shall be required to pay to the state fire marshal, the proper local fire marshal, state inspector, or designated code official which requires the plan review the same regulatory fees and charges which would have been required had the plan review been conducted by the state fire marshal, the proper local fire marshal, state inspector, or designated code official. (E) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the states minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the states minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. Upon determining that the plans reviewed comply with the applicable codes and standards as adopted, such private professional provider shall prepare an affidavit or affidavits on a form prescribed by the Safety Fire Commissioner certifying under oath that the following is true and correct to the best of such private professional providers knowledge and belief and in accordance with the applicable professional standard of care:
(i) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage and insurance coverage stipulated in this subsection; and (ii) The plans comply with the states minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the states minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. (F) All private professional providers providing plan review services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. The state fire marshal, the proper local fire marshal, state inspector, or designated code official may establish, for private professional providers working within their respective jurisdictions specified by this chapter, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection. (G) The private professional provider shall be empowered to perform any plan review required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official, regardless if the plan review is required by this subsection or by local county or municipal ordinance, provided that the plan

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review is within the scope of such private professional providers area of expertise and competency. This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or structures that impact national or state homeland security, or any building defined as a highrise building in the State Minimum Standards Code, provided that interior tenant build-out projects within high-rise buildings are not exempt from this subsection, or plans related to Code Section 25-2-16 or 25-2-17 or Chapter 8, 9, or 10 of this title.
(H)(i) The permit applicant shall submit a copy of the private professional providers plan review report to the state fire marshal, the proper local fire marshal, state inspector, or designated code official. Such plan review report shall include at a minimum all of the following:
(I) The affidavit of the private professional provider required pursuant to this subsection; (II) The applicable fees required for permitting; (III) Other documents deemed necessary due to unusual construction or design, smoke removal systems where applicable with engineering analysis, and additional documentation required where performance based code options are used; and (IV) Any documents required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official to determine that the permit applicant has secured all other governmental approvals required by law. (ii) No more than 30 business days after receipt of a permit application and the private professional providers plan review report required pursuant to this subsection, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes or standards, as well as the specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day. (iii) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the promulgated rules and regulations adopted thereunder, or, where appropriate for existing buildings, the local governing authoritys appeals process or the permit applicant may submit revisions to correct the deficiencies. (iv) If the permit applicant submits revisions, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have the

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remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide the second written notice within the prescribed time period, the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day. (v) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the rules and regulations promulgated thereunder, or, where applicable for existing buildings, the local governing authoritys appeals process or the permit applicant may submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. (I) The state fire marshal may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection by rule or regulation authorized in Code Section 25-2-4. In addition, any local fire marshal, state inspector, or designated code official may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection; however, no additional local ordinance implementing prequalification shall become effective until notice of the proper local fire marshal, state inspector, or designated code officials intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriffs advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a private professional provider only on the basis of the private professional providers expertise with respect to the objectives of this subsection, as demonstrated by the private professional providers experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance or state law for plan review personnel currently directly employed by such local governing authority. (J) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. (K) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that the building construction or plans do not

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comply with the applicable codes or standards, the state fire marshal, the proper local fire marshal, state inspector, or designated code official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law or rule or regulation, after giving notice and opportunity to remedy the violation, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that noncompliance exists with state laws, adopted codes or standards, or local ordinances, provided that:
(i) The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (ii) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official and the private professional provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agencys board of appeals, except as provided in Code Section 25-2-12 and appeals for those proposed buildings classified under paragraph (1) of subsection (b) of Code Section 25-2-13 or any existing building under the specific jurisdiction of the state fire marshals office shall be made to the state fire marshal and further appeal shall be under Code Section 25-2-10. (L) The state fire marshal, the proper local fire marshal, state inspector, local government, designated code official enforcement personnel, or agents of the governing authority shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with building plan review services by private professional providers as provided in this subsection. (M) Except as provided in this paragraph, no proper local fire marshal, state inspector, or designated code official shall adopt or enforce any rules, procedures, policies, or standards more stringent than those prescribed in this subsection related to private professional provider services. (N) Nothing in this subsection shall limit the authority of the state fire marshal, the proper local fire marshal, state inspector, or designated code official to issue a stopwork order for a building project or any portion of such project, as provided by law or rule or regulation authorized pursuant to Code Section 25-2-4, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. (O) When performing building code plan reviews related to determining compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs, the states minimum fire safety standards adopted by the safety fire marshal, or the states minimum accessibility standards pursuant to Chapter 3 of Title 30, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with

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jurisdiction over such private professional providers license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional providers performance of the adopted building, fire safety, or accessibility codes or standards plan review services shall be conducted by the applicable professional licensing board or as allowed by state rule or regulation. Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional providers license or certification under Chapters 4 and 15 of Title 43, the state fire marshal, the proper local fire marshal, state inspector, or designated code official enforcement personnel may decline to accept building plan reviews submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies.
SECTION 3. This Act shall become effective on January 1, 2007.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Shafer of the 48th, Stoner of the 6th, Kemp of the 46th and Pearson of the 51st offered the following amendment #1:
Amend the Senate Regulated Industries and Utilities Committee substitute (LC 28 3061S) to HB 1385 by striking "or within the time frames established in Code Sections 12-7-9 and 12-7-10 for erosion and sedimentation control plans" on lines 5 and 6 on page 2; by striking "; the Manual for Erosion and Sediment Control in Georgia as of January 1 of the year in which the land disturbing activity was permitted; and the requirements of subsection (b) of Code Section 12-7-6, if applicable to the project" on lines 18 through 21 on page 3; and by striking "; the Manual for Erosion and Sediment Control in Georgia; and the requirements of subsection (b) of Code Section 12-7-6, if applicable to the project" on lines 32 through 34 on page 3.
By inserting after "subsection" on line 6 on page 3 ". On or before July 1, 2007, the Board of Natural Resources shall adopt rules and regulations governing the review of erosion and sedimentation control plans under Part 9 of Chapter 7 of Title 12 to establish appropriate time frames for the submission and review of revised plan submittals where a deficiency or deficiencies in the submitted plans have been identified by the governing authority".
By striking lines 18 through 20 on page 4 and inserting in lieu thereof the following: competency. Nothing in this Code section shall authorize any private professional provider to issue a certificate of occupancy. Only a local governing authority shall be authorized to issue a certificate of occupancy.

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By striking line 4 on page 7 and inserting in lieu thereof "(14) No".
By striking lines 25 and 26 on page 7 and inserting in lieu thereof the following: (17) Nothing in this subsection shall apply to inspections exempted in Code Section 8-2-26.1.
On the adoption of the amendment, the yeas were 34, nays 0, and the Shafer et al. amendment #1 was adopted.
Senator Reed of the 35th offered the following amendment #2:
Amend the Senate Regulated Industries and Utilities Committee substitute to HB 1385 (LC 28 3061S) by striking lines 3 through 6 on page 2 and inserting in lieu thereof the following:
(g)(1) If a governing authority of a county or municipality cannot provide review of the documents intended to demonstrate that the structure to be built is in compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes within 30 business days of receiving a written application for permitting in accordance with the code officials plan submittal process or
By striking "to allow" on line 37 on page 2 and inserting in lieu thereof the following: . The local governing authority shall be allowed to limit the scope of a project initiation permit and limit the areas of the site to which the project initiation permit may apply but shall permit
By striking "and" on line 29 on page 3, by striking the period at the end of line 34 on page 3 and inserting in lieu thereof "; and", and by inserting after line 34 on page 3 the following:
(C) The plans submitted for plan review are in conformity with plans previously submitted to obtain governmental approvals required in the plan submittal process and do not make a change to the project reviewed for such approvals.
By inserting after "revisions" on line 8 on page 5 "to address the plan deficiencies previously identified" and by inserting after "day." on line 15 on page 5 the following:
In the event that the revisions required to address the plan deficiencies or any additional revisions submitted by the applicant require that new governmental approvals be obtained, the applicant shall be required to obtain such approvals before a new plan report can be submitted.

By striking line 22 on page 6 and inserting in lieu thereof the following:

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notice to the owner, the architect of record, the engineer of record, or the contractor of record and by posting a copy of the order on the site of the project and opportunity to remedy the violation within the time limits set forth in the notice, if the official determines noncompliance

By inserting after "dispute" on line 29 on page 6 "or meet within the time required by this Code section".

By inserting after "subsection." on line 7 on page 7 the following: This subsection shall not preempt any local laws, rules, or procedures relating to the plan submittal process of local governing authorities.

By inserting after "such project," on line 9 on page 7 "which may go into effect immediately" and by inserting after "welfare." on line 12 on page 7 the following:
A stop work order issued for reasons of immediate threat to public safety and welfare shall be appealable to the local enforcement agencys board of appeals, if one exists, in the manner provided by applicable law. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter.

On the adoption of the amendment, the yeas were 37, nays 0, and the Reed amendment #2 was adopted.

On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis
Pearson

Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate
Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson

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Y Golden Grant
Y Hamrick N Harbison Y Harp Y Heath Y Henson

E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 2.

HB 1385, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Chip Pearson District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Transportation Agriculture and Consumer Affairs Appropriations Regulated Industries and Utilities

3/30/06

The State Senate Atlanta, Georgia 30334

On HB 1385, I pushed the button for (yea) on final passage and it did not register.

/s/ Chip Pearson 51st District

The following bill was taken up to consider House action thereto:

HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; to repeal conflicting laws; and for other purposes.

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Senator Hudgens of the 47th asked unanimous consent that the Senate insist on its substitute to HB 941.

The consent was granted, and the Senate insisted on its substitute to HB 941.

Senator Stephens of the 27th assumed the Chair.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1162. By Representatives Fleming of the 117th, Ralston of the 7th, Everson of the 106th, Knox of the 24th and Setzler of the 35th:

A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Wiles of the 37th.

The consent was granted, and HB 1162 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1162, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Adelman Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles

Y Smith Y Starr Y Staton
Stephens (PRS) Y Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R

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Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1162, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1073. By Representatives O`Neal of the 146th, Talton of the 145th, Ray of the 136th and Floyd of the 147th:

A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Houston Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to authorize the governing authority of the counties which comprise the Houston Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hamrick of the 30th.

The consent was granted, and HB 1073 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1073, having been taken from the Table, was put upon its passage.

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The Senate Judiciary Committee offered the following substitute to HB 1073:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for a third judge of the superior courts of the Blue Ridge Judicial Circuit, a tenth judge of the superior courts of the Cobb Judicial Circuit, a sixth judge of the superior courts of the Coweta Judicial Circuit, a third judge of the superior courts of the Dublin Judicial Circuit, a third judge of the superior courts of the Houston Judicial Circuit, and a third judge of the superior courts of the Paulding Judicial Circuit; to provide for the appointment of such additional judges by the Governor; to provide for the election of successors to the judges initially appointed; to prescribe the powers of such judges; to prescribe the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising said circuits; to authorize the judges of such circuits to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuits; to authorize the governing authority of the counties that comprise such circuits to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part I SECTION 1-1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by striking paragraphs (6), (11), (14), (21), and (31.1) and inserting their place new paragraphs to read as follows:
(6) Blue Ridge Circuit ...................................................................................... 2 3 (11) Cobb Circuit ............................................................................................ 9 10 (14) Coweta Circuit .......................................................................................... 5 6 (16) Dublin Circuit ........................................................................................... 2 3 (21) Houston Circuit ......................................................................................... 2 3 (31.1) Paulding Circuit .................................................................................... 2 3
Part II SECTION 2-1.
One additional judge of the superior courts is added to the Blue Ridge Judicial Circuit, thereby increasing to three the number of judges of said circuit.

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SECTION 2-2. Said additional judge shall be appointed by the Governor for a term beginning July 1, 2006, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 2-3. The additional judge of the superior courts of the Blue Ridge Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Blue Ridge Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 2-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Blue Ridge Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Blue Ridge Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 2-5. All writs and processes in the superior courts of the Blue Ridge Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 2-6. Upon and after qualification of the additional judge of the superior court of the Blue Ridge Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction

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of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 2-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 2-8. The three judges of the Blue Ridge Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 2-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Blue Ridge Judicial Circuit may bear teste in the name of any judge of the Blue Ridge Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 2-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Blue Ridge Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

Part III SECTION 3-1.
One additional judge of the superior courts is added to the Cobb Judicial Circuit, thereby increasing to ten the number of judges of said circuit.

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SECTION 3-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 3-3. The additional judge of the superior courts of the Cobb Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Cobb Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 3-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county of the superior courts of the Cobb Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Cobb Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 3-5. All writs and processes in the superior courts of the Cobb Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide ten judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 3-6. Upon and after qualification of the additional judge of the superior court of the Cobb Judicial Circuit, the ten judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the

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State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 3-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 3-8. The ten judges of the Cobb Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 3-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Cobb Judicial Circuit may bear teste in the name of any judge of the Cobb Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 3-10. Upon request of any judge of the circuit, the governing authorities of the county comprising the Cobb Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
Part IV SECTION 4-1.
One additional judge of the superior courts is added to the Coweta Judicial Circuit, thereby increasing to six the number of judges of said circuit.
SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is

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elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 4-3. The additional judge of the superior courts of the Coweta Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Coweta Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 4-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Coweta Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Coweta Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 4-5. All writs and processes in the superior courts of the Coweta Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide six judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 4-6. Upon and after qualification of the additional judge of the superior court of the Coweta Judicial Circuit, the six judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof,

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the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The six judges of the superior courts of the Coweta Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control.
SECTION 4-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 4-8. The six judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 4-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of the Coweta Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 4-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Coweta Judicial Circuit are authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

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Part V SECTION 5-1.
One additional judge of the superior courts is added to the Dublin Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 5-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 5-3. The additional judge of the superior courts of the Dublin Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Dublin Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 5-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Dublin Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Dublin Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 5-5. All writs and processes in the superior courts of the Dublin Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.

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SECTION 5-6. Upon and after qualification of the additional judge of the superior court of the Dublin Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 5-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 5-8. The three judges of the Dublin Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 5-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Dublin Judicial Circuit may bear teste in the name of any judge of the Dublin Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 5-10. Upon request of any judge of the circuit, the governing authority of the counties comprising the Dublin Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the counties treasuries as such.
Part VI SECTION 6-1.

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One additional judge of the superior courts is added to the Houston Judicial Circuit, thereby increasing to three the number of judges of said circuit.

SECTION 6-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 6-3. The additional judge of the superior courts of the Houston Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Houston Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 6-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Houston Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Houston Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 6-5. All writs and processes in the superior courts of the Houston Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.

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SECTION 6-6. Upon and after qualification of the additional judge of the superior court of the Houston Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 6-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 6-8. The three judges of the Houston Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 6-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Houston Judicial Circuit may bear teste in the name of any judge of the Houston Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 6-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Houston Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
Part VII SECTION 7-1. One additional judge of the superior courts is added to the Paulding Judicial Circuit, thereby increasing to three the number of judges of said circuit.

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SECTION 7-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 7-3. The additional judge of the superior courts of the Paulding Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Paulding Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 7-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Paulding Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Paulding Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 7-5. All writs and processes in the superior courts of the Paulding Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 7-6. Upon and after qualification of the additional judge of the superior court of the Paulding Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction

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of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 7-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 7-8. The three judges of the Paulding Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 7-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Paulding Judicial Circuit may bear teste in the name of any judge of the Paulding Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 7-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Paulding Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
Part VIII SECTION 8-1.
Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

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SECTION 8-2. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, Part II of this Act shall become effective July 1, 2006. (c) For all other purposes, Parts III, IV, V, VI, and VII of this Act shall become effective January 1, 2007. (d) For all other purposes, Parts I and VIII of this Act shall become effective upon this Acts approval by the Governor or upon its becoming law without such approval.
SECTION 8-3. All laws and parts of laws in conflict with this Act are repealed.
Senators Hamrick of the 30th and Heath of the 31st offered the following amendment #1:
Amend the Senate Judiciary Committee substitute to HB 1073 (LC 29 2401S) by striking "July 1, 2006," and inserting in lieu thereof "January 1, 2007," on line 9 of page 2.
By striking "January" and inserting in lieu thereof "July" on line 15 of page 4 and line 13 of page 9. By striking lines 7 through 14 of page 16 and inserting in lieu thereof the following: (a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, Parts II, IV, VI, and VII of this Act shall become effective January 1, 2007. (c) For all other purposes, Parts III and V of this Act shall become effective July 1, 2007. (d) For all other purposes, Parts I and VIII of this Act shall become effective upon this Acts approval by the Governor or upon its becoming law without such approval.
Senator Hamrick of the 30th asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Hamrick of the 30th offered the following amendment #2:
Amend the Senate Judiciary Committee substitute to HB 1073 (LC 29 2401S) by striking "a tenth judge of the superior courts of the Cobb Judicial Circuit," from lines 3 and 4 of page 1.
By striking "a third judge of the superior courts of the Dublin Judicial Circuit," from lines 4 and 5 of page 1.
By deleting "(11)" from line 21 of page 1.

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By striking line 24 of page 1.

By striking line 1 of page 2.

By striking "July 1, 2006," and inserting in lieu thereof "January 1, 2007," on line 9 of page 2.

By striking line 11 of page 4 through line 18 of page 6 and inserting in lieu thereof the following: Reserved.

By striking line 9 of page 9 through line 14 of page 11 and inserting in lieu thereof the following: Reserved.

By striking lines 7 through 14 of page 16 and inserting in lieu thereof the following: (a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, Parts II, IV, VI, and VII of this Act shall become effective January 1, 2007. (c) For all other purposes, Parts I, III, V, and VIII of this Act shall become effective upon this Acts approval by the Governor or upon its becoming law without such approval.

On the adoption of the amendment, the yeas were 29, nays 5, and the Hamrick amendment #2 was adopted.

Senator Thompson of the 33rd moved that the Senate reconsider its action in adopting the Hamrick amendment #2.

Senator Seabaugh of the 28th objected.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
N Brown N Bulloch N Butler N Cagle N Carter
Chance

N Hill,Jack N Hill,Judson Y Hooks Y Hudgens N Johnson Y Jones N Kemp Y Me V Bremen

Y Smith Y Starr N Staton
Stephens (PRS) Y Stoner Y Tarver Y Tate N Thomas,D

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N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Miles N Moody N Mullis N Pearson Y Powell Y Reed Y Rogers N Schaefer N Seabaugh N Seay Y Shafer,D

Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson N Unterman Y Weber N Whitehead Y Wiles N Williams Y Zamarripa

On the motion, the yeas were 25, nays 28, the motion lost; and the Senate did not reconsider its action in adopting the Hamrick amendment #2.

On the adoption of the substitute, the yeas were 33, nays 3, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter
Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson 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
Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton
Stephens (PRS) Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 53, nays 0.

HB 1073, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

Senator Kemp of the 46th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1399. By Representative Ralston of the 7th:

A BILL to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that a magistrates salary may be waived under certain circumstances; to provide that monthly contingent expenses maybe waived under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Wiles of the 37th.

The consent was granted, and HB 1399 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1399, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler
Cagle Y Carter
Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Starr
Y Staton Stephens Stoner
Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C

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Y Fort Goggans Golden
Y Grant Hamrick
Y Harbison Y Harp Y Heath Y Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 1399, having received the requisite constitutional majority, was passed.

Senator Henson of the 41st asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

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.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 881. By Representatives Chambers of the 81st, Burmeister of the 119th, Drenner of the 86th, Henson of the 87th, Reece of the 27th and others:

A BILL to be entitled an Act to amend Code Section 43-29-7 of the Official Code of Georgia Annotated, relating to license requirements for dispensing opticians, qualifications of applicants, subjects to be tested on examination, and issuance and display of license, so as to specify certain requirements for practical training and experience for an applicant to obtain licensure through an apprenticeship program; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hill of the 32nd.

The consent was granted, and HB 881 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 881, having been taken from the Table, was put upon its passage.

Senator Mullis of the 53rd offered the following amendment #1:

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Amend HB 881 by inserting between lines 12 and 13 of page 2: (b.1)(1) Beginning July 1, 2006, a manufacturer of contact lenses doing business in
the state shall certify by affidavit to the Attorney General those brands of contact lenses produced, marketed, distributed, or sold by the manufacturer in the state that are made available in a commercially reasonable and nondiscriminatory manner to prescribers; entities associated with prescribers; and alternative channels of distribution. (2) Notwithstanding any other provision of law, a manufacturer shall only sell, market, or distribute lenses in Georgia that have been certified under paragraph (1) of this subsection. (3) This subsection shall not apply to rigid gas permeable lenses; bitoric gas permeable lenses; bifocal gas permeable lenses; keratoconus lenses; custom soft toric lenses that are manufactured for an individual patient and are not mass marketed or mass produced; or custom designed lenses that are manufactured for an individual patient and are not mass marketed or mass produced. (4) Any time a brand ceases to be made available after July 1, 2006, the manufacturer shall immediately certify that fact by affidavit to the Attorney General. (5) Nothing in this subsection shall be construed to require a prescriber to stock, sell, or prescribe any specific type brand or specific manufacturers line of contact lenses. (6) A knowing and intentional violation of this subsection shall constitute a misdemeanor. The Attorney General may bring a civil action pursuant to this subsection.

On the adoption of the amendment, the yeas were 29, nays 9, and the Mullis amendment #1 was adopted.
Senator Hill of the 32nd offered the following amendment #2:
Amend HB 881 (LC 33 0923) by inserting after "program;" on line 5 of page 1: to require the board to establish a monthly review and approval process;
By inserting between "board." and the quotation mark on line 12 of page 2 the following: The board shall establish by rule a process to accept and review, no less frequently than once per month, written statements of intention to qualify through an apprenticeship program and to review and approve, no less frequently than once per month, written plans of instruction submitted to the board by a supervising licensed dispensing optician, licensed physician, or licensed optometrist to provide instruction to an apprentice pursuant to this Code section.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter E Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 51, nays 0, and the Hill of the 32nd amendment #2 was adopted.

Senator Hill of the 32nd offered the following amendment #3:

Amend HB 881 (LC 33 0923) by inserting after "program;" on line 5 of page 1: to provide for training and experience received prior to July 1, 2006;

By striking the quotation mark at the end of line 12 and by inserting after line 12 of page 2 the following:
(b.1) Applicants who have received practical training and experience prior to July 1, 2006, may receive credit toward the practical training and experience requirements of subsection (b) of this Code section if they make application to the board, in a form prescribed by the board, to receive such credit and such application is received by the board no later than August 31, 2006. The board shall review such application and determine whether any such training and experience shall be credited toward the practical training and experience requirements of subsection (b) of this Code section. The board shall make such determination within 60 days of receipt of the application.

On the adoption of the amendment, the yeas were 42, nays 0, and the Hill of the 32nd amendment #3 was adopted.

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Senator Hill of the 32nd offered the following amendment #4:
Amend HB 881 by inserting after "program;" on line 5 on page 1 the following: to amend Code Section 43-14-12.1of the Official Code of Georgia Annotated, relating to evidence of violations of contractor licensing requirements, fines, and other penalties for violations, so as to provide a fine and penalties for the unauthorized use of a license number of a contractor;
By inserting between lines 12 and 13 on page 2 the following: SECTION 1A.
Code Section 43-14-12.1 of the Official Code of Georgia Annotated, relating to evidence of violations of contractor licensing requirements, fines, and other penalties for violations, is amended by adding a new subsection (f) to read as follows:
(f) In the event that any person misappropriates and uses the license number of a licensed conditioned air contractor in any manner in which he or she is not so authorized, including, but not limited to, obtaining a construction or building permit, the board shall be authorized to impose a civil penalty not to exceed $1,000.00 for each occurrence thereof. Furthermore, such person may be prohibited from obtaining a conditioned air license for a period of five years from the date of the last violation in the event that he or she makes application to the board for such license.
On the adoption of the amendment, the yeas were 35, nays 2, and the Hill of the 32nd amendment #4 was adopted.
Senators Hill of the 32nd and Seabaugh of the 28th offered the following amendment #5:
Amend HB 881 by Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (h) of Code Section 43-148, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting a new subsection (h) to read as follows:
"(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for a period of 90 180 days following the date of such death."
On the adoption of the amendment, the yeas were 39, nays 1, and the Hill of the 32nd, Seabaugh amendment #5 was adopted.

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The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman C Balfour Y Brown Y Bulloch Y Butler Y Cagle C Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
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 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 Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead C Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

HB 881, having received the requisite constitutional majority, was passed as amended.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following Bill of the House:

HB 848.

By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide

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qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Mr. President:
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 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Graves of the 12th, Harbin of the 118th, Smith of the 129th.
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:
HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions

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relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Burkhalter of the 50th, Harbin of the 118th, Keen of the 179th.

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

HB 184.

By Representatives Scott of the 153rd, Heard of the 104th, Geisinger of the 48th and Powell of the 29th:

A BILL to be entitled an Act to amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has disagreed to the Senate amendment to the following Bill of the House:

HB 343.

By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th:
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 other state symbols, so as to designate the Valdosta State Universitys Peach State Summer Theatre as Georgias Official Musical Theatre; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

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HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th:
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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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.
Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1380. By Representatives Graves of the 12th, McCall of the 30th, Roberts of the 154th, Ray of the 136th, Black of the 174th 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 redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Pearson of the 51st.
The consent was granted, and HB 1380 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HB 1380, having been taken from the Table, was put upon its passage.
The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 1380:
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 redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to regulate certain advertising of shelled pecans for sale; to change certain provisions relating to

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promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health relative to food service establishments; to provide certain exemptions from laws relating to food service establishments; 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 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended in Code Section 26-2-21, relating to definitions relative to said article, by striking paragraph (5) of subsection (a), and inserting in lieu thereof the following:
(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises; provided, however, that such term shall not include roadside stands where farm or garden produce is sold. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 120 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted.
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
26-2-25.1. The provisions of Code Section 26-2-25 shall not apply to any:
(1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer;

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(2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $2,000.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to the following requirements:
(A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $2,000.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: (A) The products are:
(i) Pickles, vegetables, or fruits; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event or a farmers market in this state, other than a state farmers market; (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These canned goods are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned; and (E) The products are not potentially hazardous foods.
SECTION 3. Said article is further amended by adding a new Code section to read as follows:
26-2-32.1. (a) It shall be unlawful for any person or firm to advertise for sale any shelled pecans that are less than whole on any outdoor advertising as such term is defined in Code Section 32-6-71 unless such outdoor advertising states, in letters at least one-half as tall and bold as the tallest and boldest type on the outdoor advertising, the size category of shelled pecan materials being offered for sale, such as but not limited to pecan halves, pieces, granules, meal, or any combination thereof. (b) Violation of subsection (a) of this Code section shall constitute dissemination of a false advertisement for purposes of Code Section 26-2-22. Each day that an outdoor advertisement does not conform to the requirements of subsection (a) of this Code section shall constitute a separate offense.

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SECTION 4. Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, is amended in Code Section 26-2-373 of the Official Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health relative to food service establishments, by striking subsection (a) and inserting in lieu thereof the following:
(a) For the purpose of protecting the public health, the Department of Human Resources shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. The Department of Human Resources shall promulgate rules and regulations for posting the uniform grading sheet in each food service establishment in a prominent area of the interior of the food service establishment other than windows and doors. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture.
SECTION 5. Said article is further amended by adding a new Code section to read as follows:
26-2-379. This article shall not apply to any:
(1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $2,000.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to the following requirements:
(A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These canned goods are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $2,000.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: (A) The products are:

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(i) Pickles, vegetables, or fruits; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event or a farmers market in this state, other than a state farmers market; (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These canned goods are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned; and (E) The products are not potentially hazardous foods.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Senators Henson of the 41st, Bulloch of the 11th, Johnson of the 1st and Thompson of the 5th offered the following amendment #1:
Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 1380 (LC 25 4554S) by striking line 7 of page 1 and inserting in lieu thereof the following: laws relating to food service establishments; to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other
By redesignating Sections 4, 5, and 6 as Sections 5, 6, and 7, respectively.
By inserting after Section 3 the following:
SECTION 4. Said Chapter 2 of Title 26, relating to standard, labeling, and adulteration of food, is further amended by inserting a new Article 11A to read as follows:
ARTICLE 11A
26-2-340. As used in this article, the term:
(1) 'Food' means any meat, meat preparation, articles of food, or food products, either raw or prepared for human consumption, and whether to be consumed on the premises where prepared or sold or whether to be taken elsewhere for consumption. (2) 'Halal food' means food or drink which is permitted for Muslims under Islamic religious or dietary laws, including those laws and customs of zabiha (slaughtered

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according to Islamic code). (3) 'Label' means a display of written, printed, or graphic matter on a food product or container or packaging of a food product. (4) 'Meat' includes without limitation chicken. (5) 'Person' means any hotel, inn, grocery, butcher shop, restaurant keeper, or any individual, firm, or corporation operating a boarding house, eating house, lunchroom business, or catering business.
26-2-341. (a) No person, with intent to defraud, shall sell, prepare, or expose for sale food which such person falsely represents to be Halal food. (b) No person shall falsely represent any food or the contents of any package or container to be Halal by having or permitting to be inscribed on it, in any language, the word 'Halal.' (c) Nothing contained in this Code section shall prohibit the use of the words 'Halal type' or 'Halal style food' in advertising.
26-2-342. No person, with intent to defraud, shall display any signs around his or her place of business or place any advertisements in any newspaper, magazine, periodical, or other publication, which signs or advertisements falsely represent non-Halal food sold, prepared, or offered for sale to be Halal food.
26-2-343. No person preparing or serving food shall prepare, sell, serve, or prepare for sale, either to be consumed on the premises or elsewhere, Halal and non-Halal food in the same place of business, unless such person:
(1) Keeps separate kitchens where the food is prepared; (2) Keeps and uses separate and distinctly labeled or marked dishes and utensils in and with which the food is prepared and served; (3) Indicates on all signs and similar display advertising in, on, or about such persons premises, in block letters at least four inches in height, 'Halal and non-Halal food prepared or served here'; and (4) Stores, displays, and packs Halal food separately from non-Halal food.
26-2-344. The trier of fact may it in its discretion infer that possession of non-Halal food in any place of business advertising that the only food sold or offered for sale therein is Halal food constitutes intent to defraud under Code Section 26-2-341 or 26-2-342.
26-2-345. Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 nor

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more than $500.00, or by imprisonment for not less than 30 days nor more than six months, or both.
On the adoption of the amendment, the yeas were 27, nays 18, and the Henson et al. amendment #1 was adopted.
Senators Bulloch of the 11th and Pearson of the 51st offered the following amendment #2:
Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 1380 (LC 25 4554S) by striking line 7 of page 1 and inserting in lieu thereof the following: laws relating to food service establishments; to provide an effective date; to repeal conflicting laws; and for other
By striking "$2,000.00" and inserting "$5,000.00" in lieu thereof where the former term appears on lines 22 and 29 of page 2 and on lines 17 and 24 of page 4.
By striking "canned goods" and inserting "products" in lieu thereof where the former term appears on line 4 of page 3 and on lines 20 and 34 of page 4.
By striking "grading sheet" and inserting "inspection report and current grade" on line 35 of page 3.
By redesignating Section 6 as Section 7.
By inserting before Section 7 the following:
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
On the adoption of the amendment, the yeas were 36, nays 0, and the Bulloch, Pearson amendment #2 was adopted.
On the adoption of the substitute, the yeas were 34, nays 1, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman C Balfour Y Brown Y Bulloch Y Butler Y Cagle C Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

On the passage of the bill, the yeas were 47, nays 3.

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead C Wiles Y Williams
Zamarripa

HB 1380, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto:

SB 503. By Senators Hamrick of the 30th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Senator Hamrick of the 30th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 503 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Mullis of the 53rd, Tolleson of the 20th and Rogers of the 21st.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1502. By Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th:

A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to property appraisal and assessment; to change certain provisions relating to bona fide conservation use covenants; to change certain provisions regarding appointment of members of county boards of tax assessors; to change certain provisions regarding qualifications of members of county boards of tax assessors; to change certain provisions regarding eligibility and terms of office of members of county boards of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Tolleson of the 20th.

The consent was granted, and HB 1502 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1502, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman C Balfour Y Brown Y Bulloch
Butler Y Cagle C Carter

Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson Y Jones Y Kemp

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate

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Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Me V Bremen Y Miles
Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers
Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead C Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

HB 1502, having received the requisite constitutional majority, was passed.

Senator Goggans of the 7th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

Senator Eric Johnson, President Pro Tempore, assumed the Chair.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1259. By Representatives Hill of the 21st, Burmeister of the 119th, Day of the 163rd and Ralston of the 7th:

A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the O.C.G.A., relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Mullis of the 53rd.

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The consent was granted, and HB 1259 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HB 1259, having been taken from the Table, was put upon its passage.
The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1259:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to revise the provisions for granting of training instructor licenses to certain individuals; to remove the provisions making the chapter inapplicable to persons engaged in the business of furnishing information in connection with credit or marketing or engaged as a consumer reporting agency; to provide that engaging in private detective business or private security business without a license is a felony; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to private detectives and security agencies, is amended by striking paragraph (3) of Code Section 43-38-3, relating to definitions, and inserting in it place a new paragraph (3) to read as follows:
(3) 'Private detective business' means the business of obtaining or furnishing, or accepting employment to obtain or to furnish, information with reference to:
(A) Crimes or wrongs done or threatened against the United States of America or any state or territory thereof; (B) The background, identity, habits, conduct, business, employment, occupation, assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person; (C) The location, disposition, or recovery of lost or stolen property;

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(D) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; (E) The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee; or (F) The protection of individuals from serious bodily harm or death. In addition to the aforementioned services, private detective business shall also mean providing, or accepting employment to provide, protection of persons from death or serious bodily harm.
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 43-38-6, relating to licenses and qualifications, and inserting in its place a new subsection (a) to read as follows:
(a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section. In lieu of the foregoing requirement, the applicant of a firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private security business may be the chief security officer, or equivalent position, of such entity, and such individual shall meet the qualifications set out in this Code section.
SECTION 3. Said chapter is further amended by striking paragraph (7) of subsection (b) of Code Section 43-38-6, relating to licenses and qualifications, and inserting in its place a new paragraph (7) to read as follows:
(7) The applicant for a private detective company license has had at least two years experience as an agent registered with a licensed detective agency or has had at least two years experience as a supervisor or administrator in in-house investigations, or has had at least two years experience in law enforcement as a peace officer as defined by subparagraph (A) of paragraph (8) of Code Section 35-8-2, or has a fouryear degree in criminal justice or a related field from an accredited university or college; and the applicant for a security company license has had at least two years experience as a supervisor or administrator in in-house security operations or with a licensed security agency, or has had at least two years experience in law enforcement, or has a four-year degree in criminal justice or a related field from an accredited university or college;

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SECTION 4. Said chapter is further amended by adding a new subsection (j) to Code Section 43-38-6, relating to licenses and qualifications, to read as follows:
(j) In addition to the initial applicant, any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business may choose to designate one or more individuals to qualify to hold the license for the individual, firm, association, company, partnership, limited liability company, or corporation. Such individual or individuals shall meet the same qualifications set out in this Code section as relate to the initial applicant, and the board shall have the authority to promulgate rules and regulations necessary to ensure that such additional individual or individuals are capable of assuming full responsibility for the operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation in compliance with this Code section and with all rules and regulations promulgated pursuant to this Code section.
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-38-10, relating to permits to carry firearms, proficiency requirement, exemption from specified laws, denial, refusal to renew, and suspension of permits, and effect of license suspension and restoration, and inserting in its place a new subsection (a) to read as follows:
(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is at least 21 years of age and who is licensed or registered in accordance with this chapter and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish and who is not prohibited by federal or state law from possession of a firearm. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual.

SECTION 6. Said chapter is further amended by adding a new subsection (k) to Code Section 43-3810, relating to permits to carry firearms, proficiency requirement, exemption from specified laws, denial, refusal to renew, and suspension of permits, and effect of license suspension and restoration, to read as follows:
(k) The board shall have the authority to refuse to grant a weapons permit to an applicant or to revoke the registration of a person registered by the board if that person would be ineligible for issuance of a license or permit pursuant to subsection (b) of Code Section 16-11-129 or if such person would be prohibited under federal or state law from possessing a firearm.

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SECTION 7. Said chapter is further amended by adding a new subsection (e) to Code Section 43-3810.1, relating to training instructors and training programs, to read as follows:
(e) The board shall have the authority to refuse to grant a training instructor license to an applicant or to revoke the registration of an instructor licensed by the board if that person would be ineligible for issuance of a license or permit pursuant to subsection (b) of Code Section 16-11-129 or if such person would be prohibited under federal or state law from possessing a firearm.
SECTION 8. Said chapter is further amended by striking subsection (a) of Code Section 43-38-14, relating to exceptions to operation of chapter and to local regulation, and inserting in its place a new subsection (a) to read as follows:
(a) This chapter shall not apply to: (1) An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties; (2) A person engaged in the business of furnishing information in connection with credit or marketing and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act; (3)(2) An attorney at law or a bona fide legal assistant in performing his or her duties; (4)(3) Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them; (5)(4) A peace officer employed on a full-time basis by a federal, state, county, or local law enforcement agency who contracts directly with an employer to work during his or her off-duty hours and whose off-duty employment is conducted on an independent contractor basis with another employer other than a peace officer engaged in the private detective or private security business or a private detective or private security agency, subject to Code Section 16-10-3, relating to the receipt of funds by state officers or employees for the enforcement of penal laws; (6)(5) A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjusters license; or (7)(6) The employees of a firm mentioned in paragraph (6) (5) of this subsection.
SECTION 9. Said chapter is further amended by striking Code Section 43-38-16, relating to penalties, in its entirety and inserting in its place a new Code Section 43-38-16 to read as follows:
43-38-16. Any person who engages in the private detective business or private security business or offers, pretends, or holds himself or herself out as eligible to engage in the private detective business or private security business and who is not legally licensed or registered under this chapter shall be guilty of a misdemeanor felony and, upon

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conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both. Each day or fraction of a day that he or she practices in violation of this chapter shall constitute a separate offense.
SECTION 10. This Act shall become effective July 1, 2006, and shall not apply to any offense committed before that date. Any such offense committed before that date shall be governed by the statute in effect at the time the offense was committed.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Senators Mullis of the 53rd and Balfour of the 9th offered the following amendment #1:
Amend the Senate Regulated Industries and Utilities Committee substitute to HB 1259 by striking lines 29 through 34 of page 4 and lines 1 through 10 of page 5 and inserting in lieu thereof the following:
(2) A person engaged in the business of furnishing information in connection with credit or marketing and a or firm engaged as a consumer reporting agency, as defined and regulated by the federal Fair Credit Reporting Act; (3) An attorney at law or a bona fide legal assistant in performing his or her duties; (4) Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them; (5) A peace officer employed on a full-time basis by a federal, state, county, or local law enforcement agency who contracts directly with an employer to work during his or her off-duty hours and whose off-duty employment is conducted on an independent contractor basis with another employer other than a peace officer engaged in the private detective or private security business or a private detective or private security agency, subject to Code Section 16-10-3, relating to the receipt of funds by state officers or employees for the enforcement of penal laws; (6) A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjusters license; or (7) The employees of a firm mentioned in paragraph (6) of this subsection.

On the adoption of the amendment, the yeas were 39, nays 0, and the Mullis, Balfour amendment #1 was adopted.
Senators Seabaugh of the 28th and Thompson of the 33rd offered the following amendment #2:

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Amend the Senate Regulated Industries and Utilities Committee substitute to HB 1259 (LC 29 2396S) by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following: To amend Chapter 14 and Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors and private detectives and security agencies, respectively, so as to authorize partners, officers, and employees of an individual licensee to engage in the business of conditioned air contracting upon the licensees death for 180 days; to provide a fine and penalties for the unauthorized use of a license number of a conditioned air contractor; to revise a definition; to revise the licensing
By redesignating Sections 1 through 11 as Sections 3 through 13, respectively.
By inserting between lines 16 and 17 of page 1 the following:
SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking subsection (h) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting a new subsection (h) to read as follows:
(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensees death for a period of 90 180 days following the date of such death.
SECTION 2. Said chapter is further amended by striking subsection (e) of Code Section 43-14-12.1, relating to evidence of violation of licensing requirements, and inserting in lieu thereof new subsections (e) and (f) to read as follows:
(e) In the event that any person misappropriates and uses the license number of a licensed conditioned air contractor in any manner in which he or she is not so authorized, including, but not limited to, obtaining a construction or building permit, the board shall be authorized to impose a civil penalty not to exceed $1,000.00 for each occurrence thereof. Furthermore, such person may be prohibited from obtaining a conditioned air license for a period of five years from the date of the last violation in the event that he or she makes application to the board for such license. (f) Nothing in this Code section shall be construed to prohibit the board from seeking

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remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
On the adoption of the amendment, the yeas were 37, nays 0, and the Seabaugh, Thompson of the 33rd amendment #2 was adopted.
On the adoption of the substitute, the yeas were 34, 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 C 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

C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 1259, having received the requisite constitutional majority, was passed by substitute.

The following bill was taken up to consider House action thereto:

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HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Senator Cagle of the 49th asked unanimous consent that the Senate insist on its substitute to HB 848.
The consent was granted, and the Senate insisted on its substitute to HB 848.

Senator Tate of the 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.
Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 429. By Representatives Smith of the 168th, Rogers of the 26th, Manning of the 32nd, Coleman of the 144th and Graves of the 137th:
A BILL to be entitled an Act to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Chance of the 16th.
The consent was granted, and HB 429 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 429, having been taken from the Table, was put upon its passage.
The Senate Finance Committee offered the following substitute to HB 429:

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A BILL TO BE ENTITLED AN ACT
To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to housing authorities; to change certain definitions relative to housing authorities; to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in Code Section 8-3-3, relating to definitions relative to housing authorities, by striking paragraph (13.1) and inserting in lieu thereof the following:
(13.1) 'Private enterprise agreement' means a contract between a housing authority and a person or entity operating for profit for:
(A) The management of a housing project; (B) The development of and the provision of credit enhancement with respect to a housing project; (C) The ownership or operation of a housing project through by the for profit entity in which the housing authority participates, either directly or indirectly through a wholly owned subsidiary, for purposes of facilitating the development, provision of credit enhancement, operation, or management of such housing project in accordance with this article;. Such participation may involve ownership by the housing authority of an interest in the housing project through the for profit entity, ownership by the housing authority of the land on which the housing project is developed, or provision by the housing authority of a combination of funds to the for profit entity for a portion of the construction costs of the housing project and funds to the for profit entity to subsidize the operating costs of units for persons of low income to the extent such contract is designated as a private enterprise agreement by the housing authority; or (D) Any combination of any of the foregoing.
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-161, relating to definitions relative to the setoff of debt collection, by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section 49-4-15;

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(B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult; and (I) Public housing authorities with respect to the collection of debt related to occupying public housing; provided, however, that the public housing authority establishes that the debtor has been afforded required due process rights by the public housing authority with respect to the debt and all reasonable collection efforts have been exhausted. This subparagraph shall apply only to a debt owed by an occupant of public housing who has moved from the property.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Reed of the 35th offered the following amendment:

Amend HB 429 by deleting Section 2 at line four (4) of page 2 and renumbering the remainder of the bill accordingly.

On the adoption of the amendment, Senator Williams of the 19th, called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman Y Balfour Y Brown N Bulloch

Y Hill,Jack Y Hill,Judson N Hooks N Hudgens

Smith Y Starr Y Staton Y Stephens

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Y Butler C Cagle N Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Johnson (PRS) Y Jones N Kemp N Me V Bremen Y Miles N Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer N Seabaugh Y Seay Y Shafer,D

Y Stoner N Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 40, nays 12, and the Reed amendment #1 was adopted.

On the adoption of the substitute, the yeas were 33, nays 2, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown N Bulloch Y Butler C Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp N Me V Bremen Y Miles Y Moody N Mullis Y Pearson Y Powell Y Reed Y Rogers

Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver
Tate Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath E Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 4.

HB 429, having received the requisite constitutional majority, was passed by substitute.

The following bill was taken up to consider House action thereto:

HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; to repeal conflicting laws; and for other purposes.

Senator Hudgens of the 47th asked unanimous consent that the Senate adhere to its substitute to HB 941 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Hudgens of the 47th, Schaefer of the 50th and Douglas of the 17th.

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1497. By Representatives Knight of the 126th, Chambers of the 81st, Burkhalter of the 50th and Benfield of the 85th:

A BILL to be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is

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supplementary to other laws; to provide for liability for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Chance of the 16th.

The consent was granted, and HB 1497 was taken from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1497, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler C Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr
Staton Y Stephens Y Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1497, having received the requisite constitutional majority, was passed.

Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

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Senator Fort of the 39th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.
Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:
HB 1316. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Burkhalter of the 50th, Parrish of the 156th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Wiles of the 37th.
The consent was granted, and HB 1316 was taken from the Table.
Senator Whitehead of the 24th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.
Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:
HB 1126. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; 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.
The consent was granted, and HB 1126 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HB 1126, having been taken from the Table, was put upon its passage.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler C Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay
Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 1126, having received the requisite constitutional majority, was passed.

Pursuant to Senate Rule 4-2.10(a), HB 1316, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler C Cagle

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver

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Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 1316, having received the requisite constitutional majority, was passed.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 941.

By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Benton of the 31st, England of the 108th, Mills of the 25th.

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Mr. President:

The House insists on its position in substituting the following Bill of the Senate:

SB 64.

By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Williams of the 19th moved that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1097. By Representatives McCall of the 30th, Smith of the 129th, Scheid of the 22nd, Channell of the 116th, Floyd of the 147th and others:

A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising signs authorized by Code Section 32-6-72 on the interstate system, primary highways, and other highways, so as to provide that no such signs may advertise the availability of certain entertainment which appeals to the prurient interest; to prohibit erecting certain signs having two faces on one visible side after a certain date; to permit certain types of nonmechanical multiple message signs subject to certain limitations; to impose certain height limitations on erecting such outdoor advertising signs subject to certain conditions after a certain date; to provide for procedures relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st.

Senator Thompson of the 33rd objected.

On the motion, a roll call was taken, and the vote was as follows:

N Adelman Balfour
N Brown Y Bulloch N Butler

Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson (PRS)

Y Smith Starr
C Staton Y Stephens Y Stoner

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C Cagle Y Carter C Chance N Chapman Y Douglas N Fort N Goggans Y Golden Y Grant
Hamrick N Harbison
Harp Y Heath N Henson

N Jones Y Kemp Y Me V Bremen N Miles N Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers N Schaefer Y Seabaugh N Seay
Shafer,D

Y Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman Y Weber Y Whitehead C Wiles Y Williams N Zamarripa

On the motion, the yeas were 24, nays 20; the motion prevailed, and HB 1097 was taken from the Table.

Senator Thompson of the 33rd moved that the Senate reconsider its action removing HB 1097 from the Table.

Senator Williams of the 19th objected.

On the motion to reconsider removing HB 1097 from the Table, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler C Cagle N Carter N Chance Y Chapman N Douglas Y Fort Y Goggans N Golden N Grant N Hamrick

Hill,Jack N Hill,Judson Y Hooks N Hudgens
Johnson (PRS) Y Jones N Kemp N Me V Bremen Y Miles Y Moody N Mullis N Pearson Y Powell Y Reed N Rogers

Smith N Starr N Staton N Stephens Y Stoner N Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber N Whitehead

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Y Harbison Harp
N Heath Y Henson

N Schaefer N Seabaugh Y Seay
Shafer,D

C Wiles N Williams Y Zamarripa

On the motion, the yeas were 23, nays 26, the motion lost; and the Senate did not reconsider its action in removing HB 1097 from the Table.

Pursuant to Senate Rule 4-2.10(a), HB 1097, having been taken from the Table, was put upon its passage.

Senators Harp of the 29th, Shafer of the 48th, Seabaugh of the 28th, Seay of the 34th, Butler of the 55th and others offered the following amendment #1:

Amend the Senate Transportation Committee substitute to HB 1097 (LC 25 4560S) by striking line 8 of page 1 and inserting in lieu thereof the following: and other highways;

By striking Section 6 in its entirety.

By redesignating Sections 7, 8, and 9 as Sections 6, 7, and 8, respectively.

On the adoption of the amendment, the yeas were 27, nays 25, and the Harp et al. amendment #1 was adopted.

Senator Adelman of the 42nd offered the following amendment #2:

Amend the committee substitute to HB 1097 by striking Section 6 in its entirety and renumber accordingly.

Senator Adelman of the 42nd asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Wiles of the 37th, Shafer of the 48th and Pearson of the 51st offered the following amendment #3:

Amend the Senate committee substitute to HB 1097 by striking line 1 of page 1 and inserting in lieu thereof the following:

To amend Code Section 21-2-3 of the Official Code of Georgia Annotated, relating to prohibited placements of campaign posters, signs, and advertisements, so as to limit certain regulations of campaign signs on private property; to amend Article 3 of Chapter 6 of Title 32 of the of the Official Code of Georgia Annotated,

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By redesignating Sections 1 through 8 as Sections 2 through 9, respectively.
By inserting between lines 12 and 13 of page 1 the following: SECTION 1.
Code Section 21-2-3 of the Official Code of Georgia Annotated, relating to prohibited placements of campaign posters, signs, and advertisements, is amended by striking subsection (a) and inserting a new subsection (a) to read as follows:
(a) It shall be unlawful for any person to place campaign posters, signs, and or advertisements:
(1) Within the right of way of any public streets, roads, or highways; (2)(1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51; (3)(2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such campaign posters, signs, and or advertisements on such property; and, provided, further that no municipal, county, or consolidated government may restrict by regulation or other means the length of time a political campaign sign may be displayed or the number of signs which may be displayed on private property for which permission has been granted; or (4) Reserved; (5)(3) On any property zoned for commercial or industrial uses if the placement of such campaign posters, signs, and or advertisements conflicts with any zoning laws or ordinances.
Senator Wiles of the 37th offered the following amendment #3a:
Amend Amendment #3 to the Senate Committee Substitute to HB 1097 by changing on line 8 on page 1 the number "8" to "9" and the number "9" to "10"
On the adoption of the amendment, the yeas were 30, nays 3, and the Wiles amendment #3a was adopted.
On the adoption of the amendment, the yeas were 31, nays 8, and the Wiles et al. amendment #3 was adopted as amended.
On the adoption of the substitute, the yeas were 34, nays 2, and the committee substitute was adopted as amended.
Senator Moody of the 56th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

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Senator Hudgens of the 47th asked unanimous consent that he be excused from voting on HB 1097 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Hudgens was excused.

Senator Jones of the 10th asked unanimous consent that he be excused from voting on HB 1097 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jones was excused.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter C Chance Y Chapman
Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison C Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens
Johnson (PRS) E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton C Stephens Y Stoner Y Tarver Y Tate
Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 1.

HB 1097, having received the requisite constitutional majority, was passed by substitute.

Senator Heath of the 31st introduced Representative Bill Cummings, commended by SR 1321, adopted previously. Representative Cummings addressed the Senate briefly.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

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Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

HB 1660. By Representative Smith of the 168th:

A BILL to be entitled an Act to create a board of elections and registration for Bacon County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

SB 334.

By Senators Zamarripa of the 36th, Reed of the 35th, Tate of the 38th and Fort of the 39th:

A BILL to be entitled an Act to amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), so as to change criteria for the designation of urban enterprise zones; to repeal conflicting laws; and for other purposes.

The House has disagreed to the Senate substitute to the following Bill of the House:

HB 1187. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Holmes of the 61st, Burkhalter of the 50th and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions

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regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to change certain provisions regarding selection of the chairperson of the board of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes.

Mr. President:

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd:

A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Coleman of the 97th, Hembree of the 67th, Maxwell of the 17th.

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 848.

By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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The Speaker has appointed on the part of the House, Representatives Butler of the 18th, Martin of the 47th, O`Neal of the 146th.
The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:
SB 553. By Senator Reed of the 35th:
A BILL to be entitled an Act to incorporate the City of Chattahoochee Hill Country in Fulton County; to provide for a charter for the City of Chattahoochee Hill Country; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes.
The following bill was taken up to consider House action thereto:
HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 30, 2006

4021

Senator Whitehead of the 24th asked unanimous consent that the Senate adhere to its amendment to HB 1090 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Whitehead of the 24th, Stephens of the 27th and Pearson of the 51st.
The following bill was taken up to consider House action thereto:
HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th:
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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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.
The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 1157 by striking lines 20 and 21 of page 3 and inserting in their place the following:
(f) In the case of a qualifying airline: (1) Any tax credits with respect to retraining approved by the Department of Technical and Adult Education on or before December 31, 2001, which have been claimed for a taxable year ending on or before December 31, 2001, and which are available to be carried forward to a taxable year ending after December 31, 2001, may be taken as a credit against a qualifying airlines quarterly or monthly payment required to be made under Code Section 48-7-103 on or after January 1, 2006. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Nothing in this subsection shall be construed to allow a credit to be utilized beyond the 15-year period during which a credit may be carried forward under paragraph (2) of subsection (c) of this Code section; and (2) Each employee whose employer receives credit against such qualifying airlines quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the

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corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (g) The commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section.
Senator Cagle of the 49th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 1157.
The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 1157.
Senator Wiles of the 37th asked unanimous consent to change the order of business for the purpose of the reading of a committee report and the consideration of a Supplemental Local Consent Calendar.
The consent was granted, and the order of business was changed.
The following committee report was read by the Secretary:
Mr. President:
The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:
HB 1528 Do Pass HB 1636 Do Pass
Respectfully submitted, Senator Wiles of the 37th District, Chairman
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 30, 2006 Fortieth Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

THURSDAY, MARCH 30, 2006

4023

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

HB 1528

Schaefer of the 50th BANKS COUNTY

A BILL to be entitled an Act to amend an Act providing a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved April 13, 2001 (Ga. L. 2001, p. 4130), so as to increase the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1636

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3846), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to.

On the passage of the legislation, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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Bulloch Y Butler Y Cagle Y Carter C Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Johnson (PRS)
Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

C Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 48, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

Senator Schaefer of the 50th asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson was excused.
Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on March 29, 2006, be taken from the Table:

HB 1417. By Representatives Ralston of the 7th, Fleming of the 117th, Mumford of the 95th and Crawford of the 127th:
A BILL to be entitled an Act to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to allow the Administrative Office of the Courts to assist the board of jury commissioners in compiling, maintaining, and revising the lists of trial jurors and grand jurors; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information, so as to provide for a cross-reference to the

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Administrative Office of the Courts receiving certain information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Smith of the 52nd.
The consent was granted, and HB 1417 was taken from the Table.
Pursuant to Senate Rule 4-2.10(a), HB 1417, having been taken from the Table, was put upon its passage.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Fort Y Goggans Golden Y Grant N Hamrick Y Harbison Y Harp Y Heath Henson

Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 2.

HB 1417, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

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SB 77. By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to revise the definition of feticide; to prohibit the voluntary manslaughter of an unborn child; to prohibit assaults and batteries of unborn children under certain circumstances; to provide for punishment for persons convicted of such offenses; to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to remove the requirement that an unborn child be quick in the definition of feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, so as to remove the requirement that an unborn child be quick in the definition of feticide by vessel; to provide for definitions; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by striking Code Section 16-5-20, relating to simple assault, and inserting a new Code Section 16-5-20 and by adding at the end of Article 2, relating to assault and battery, new Code Sections 16-5-28 and 16-5-29 to read as follows:
16-5-20. (a) A person commits the offense of simple assault when he or she either:

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(1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsections (c) through (f) (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis. (e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education. (g) Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (h) Nothing in this Code section shall be construed to permit the prosecution of: (1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child. For the purposes of this subsection, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.
16-5-28. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.

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(b) A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child. (c) Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor. (d) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.
16-5-29. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b) A person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child. (c) A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor. (d) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.
SECTION 2. Said chapter is further amended by striking Code Section 16-5-80, relating to feticide, and inserting in lieu thereof a new Code Section 16-5-80 to read as follows:
16-5-80. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (a)(b) A person commits the offense of feticide if he or she willfully kills and without legal justification causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn child. (b) (c) A person convicted of the offense of feticide shall be punished by imprisonment for life. (d) A person commits the offense of voluntary manslaughter of an unborn child when such person causes the death of an unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent,

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and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; provided, however, that, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as feticide. (e) A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years. (f) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.
SECTION 3. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by striking Code Section 40-6-393.1, relating to feticide by vehicle, and inserting in lieu thereof a new Code Section 40-6-393.1 to read as follows:
40-6-393.1. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.
(a)(b)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the first degree as provided in subsection (a) or (c) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years. (b)(c)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3.

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SECTION 4. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, is amended by striking Code Section 52-7-12.3, relating to feticide by vessel, and inserting in lieu thereof a new Code Section 52-7-12.3 to read as follows:
52-7-12.3. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.
(a)(b)(1) A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. (b)(c)(1) A person commits the offense of feticide by vessel in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the second degree as provided in subsection (b) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-103.
SECTION 5. This Act shall become effective on July 1, 2006, and shall apply to all offenses committed on or after such date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Unterman of the 45th moved that the Senate agree to the House substitute to SB 77.
On the motion, a roll call was taken and the vote was as follows:

THURSDAY, MARCH 30, 2006

4031

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D
Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 41, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 77.

The following communication was received by the Secretary:

Senator David Shafer District 48 109 State Capitol Atlanta, GA 30334

Committees: Science and Technology Insurance and Labor Regulated Industries and Utilities Banking and Financial Institutions Reapportionment and Redistricting

Dear Mr. Secretary:

The State Senate Atlanta, Georgia 30334

I cosponsored Senate Bill 77 and strongly support this important piece of legislation. I ask that I be shown as having voted "yes" on the House substitute to Senate Bill 77.

Very truly yours,

/s/ David Shafer State Senator, District 48

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The following bill was taken up to consider House action thereto:
SB 533. By Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking subsection (b) of Code Section 31-32-3, relating to execution of living wills, witnesses, and forms; and inserting in its place the following:
(b) The declaration shall be a document, separate and self-contained. Any declaration which constitutes an expression of the declarants intent shall be honored, regardless of the form used or when executed. Declarations executed on or after March 28, 1986, shall be valid indefinitely unless revoked. A declaration similar to the following form or in substantially the form specified under prior law shall be presumed on its face to be valid and effective:
'LIVING WILL
Living will made this ______ day of ______________ (month, year). I, _______________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below and do declare:
1. If at any time I should (check each option desired my initials indicate each option desired):
(A) Have have a terminal condition, as defined in paragraph (13) of Code Section 31-32-3
_________(Initial)

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4033

(B) Become become in a coma, as defined in paragraph (2) of Code Section 3132-3, with no reasonable expectation of regaining consciousness,
_________(Initial) or (C) Become become in a persistent vegetative state, as defined in paragraph (9) of Code Section 31-32-3, with no reasonable expectation of regaining significant cognitive function,
_________(Initial) as defined in and established in accordance with the procedures set forth in paragraphs (2), (9), and (13) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of the following life-sustaining procedures to my body and that I be permitted to die (check the my initials indicate the option desired):
(A) I will receive no nourishment or fluids including nourishment and hydration,
_________(Initial) (B) I will receive fluids, but not nourishment including nourishment but not hydration, or
_________(Initial) (C) I will receive nourishment, but not fluids
_________(Initial) or (D) I will receive nourishment and fluids excluding nourishment and hydration,
_________(Initial) be withheld or withdrawn and that I be permitted to die; 2. In the absence of my ability to give directions regarding the use of such lifesustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal; 3. I understand that I may revoke this living will at any time; 4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and 5. If I am a female and I have been diagnosed as pregnant, this living will shall have no force and effect unless the fetus is not viable and I indicate by initialing after this sentence that I want this living will to be carried out. _________(Initial)
Signed ______________
____________(City), __________(County), and __________(State of Residence). I hereby witness this living will and attest that:
(1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind; (2) I am at least 18 years of age;

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(3) To the best of my knowledge, at the time of the execution of this living will, I: (A) Am not related to the declarant by blood or marriage; (B) Would not be entitled to any portion of the declarants estate by any will or by operation of law under the rules of descent and distribution of this state; (C) Am not the attending physician of declarant or an employee of the attending physician or an employee of the hospital or skilled nursing facility in which declarant is a patient; (D) Am not directly financially responsible for the declarants medical care; and (E) Have no present claim against any portion of the estate of the declarant;
(4) Declarant has signed this document in my presence as above instructed, on the date above first shown.
Witness _______________________ Address _______________________ Witness _______________________ Address _______________________ Additional witness required when living will is signed in a hospital or skilled nursing facility. I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily.
Witness:
Medical director of skilled
nursing facility or staff
physician not participating
in care of the patient or
chief of the hospital
medical staff or staff
physician or hospital
designee not participating
in care of the patient.'
SECTION 2. This Act shall become effective on July 1, 2006. Any declaration which is in essence a living will, using the form specified in Code Section 31-32-3 as amended by this Act or a form specified under prior provisions of such Code section, shall continue to be valid and effective on and after July 1, 2006.

THURSDAY, MARCH 30, 2006

4035

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Bulloch of the 11th moved that the Senate agree to the House substitute to SB 533.

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
Chance Y Chapman
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
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 533.

The following bill was taken up to consider House action thereto:

SB 264. By Senators Bulloch of the 11th and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

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A BILL TO BE ENTITLED AN ACT

To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking paragraph (31) and substituting the following in lieu thereof:
(31) Pataula Circuit:
(A) Clay County -- Third Second Monday in March and November September. (B) Early County -- Third Tuesday Second Monday in January and third Monday in July. (C) Miller County -- Fourth Third Monday in February and October August. (D) Quitman County -- Fourth Monday in March and September. (E) Randolph County -- First Second Monday in May and October November. (F) Seminole County -- Second Third Monday in April and October. (G) Terrell County -- First Monday in June and December.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Bulloch of the 11th moved that the Senate agree to the House substitute to SB 264.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter
Chance Y Chapman
Douglas Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson

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4037

Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Unterman E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 264.

The following bill was taken up to consider House action thereto:

SB 462. By Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of the 53rd and Miles of the 43rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to remove courthouses and jails from the list of properties protected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to provide for access to the security plan to certain individuals; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to remove courthouses and jails from the list of properties protected; to provide that a budget for implementing security plans shall be subject to approval by the governing authority; to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to excluded proceedings, so as to provide for executive session for governing authorities to review security plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, is amended in Code Section 15-16-10, relating to duties of sheriffs and electronic storage, by striking "and" from the end of paragraph (8), by striking the period and inserting in its place "; and" at the end of paragraph (9), and by inserting a new paragraph (10) of subsection (a) to read as follows:
(10) To develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex. Prior to the implementation of any security plan, the plan shall be submitted to the chief judge of the superior court of the circuit wherein the courthouse or courthouse annex is located for review. The chief judge shall have 30 days to review the original or any subsequent security plan. The chief judge may make modifications to the original or any subsequent security plan. The sheriff shall provide to the county governing authority the estimated cost of any security plan and a schedule for implementation 30 days prior to adoption of any security plan. A comprehensive plan for courthouse security shall be considered a confidential matter of public security. Review of a proposed security plan by the governing authority shall be excluded from the requirements of Code Section 50-14-1 and any such review shall take place as provided in Code Section 50-14-3. Such security plan shall also be excluded from public disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-1872. The sheriff shall be the official custodian of the comprehensive courthouse security plan and shall determine who has access to such plan and any such access and review shall occur in the sheriffs office or at a meeting of the county governing authority held as provided in paragraph (9) of Code Section 50-14-3; provided, however, that the sheriff shall make the original security plan available upon request for temporary, exclusive review by any judge whose courtroom or chambers is located within the courthouse or courthouse annex or by any commissioner of the county in which the courthouse or courthouse annex is located. The sheriff shall be responsible to conduct a formal review of the security plan not less than every four years.

SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-9-8, relating to the protection of county property by the sheriff, and inserting in its place a new Code Section 36-9-8 to read as follows:
36-9-8.
The courthouses, jails, public grounds, and other county property are placed in the keeping of the sheriff of the county, subject to the order of the county governing authority; and it is his or her duty to preserve them from injury or waste and to prevent intrusions upon them.

THURSDAY, MARCH 30, 2006

4039

SECTION 3. Said title is further amended by adding a new Code section to the end of Article 1 of Chapter 81, relating to local government budgets and audits, to read as follows:
36-81-11. The development and implementation of a security plan and all related technology pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10 shall be subject to the annual budget approved for the office of the sheriff by the governing authority.

SECTION 4. Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to excluded proceedings, is amended by striking paragraph (9) and inserting in lieu thereof the following:
(9) Meetings when discussing any records that are exempt from public inspection or
disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72, or when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph, or when reviewing or discussing any security plan under consideration pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10.

SECTION 5. This Act shall become effective on July 1, 2006.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Carter of the 13th moved that the Senate agree to the House substitute to SB 462.

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
Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 462.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following Bill of the House:

HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

The House has disagreed to the Senate amendment to the following Bill of the House:

HB 1008. By Representative Carter of the 159th:

A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 30, 2006

4041

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 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th and others:
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 Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Day of the 163rd, Lane of the 158th, Reese of the 98th.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

SB 503. By Senators Hamrick of the 30th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Crawford of the 127th, May of the 111th, Ralston of the 7th.
The House insists on its position in substituting the following Bill of the Senate:

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SB 572.

By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others:

A BILL to be entitled an Act 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 establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

SB 455. By Senators Shafer of the 48th and Wiles of the 37th:

A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to define certain terms; to provide that it shall be illegal for a customer proprietary network information broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 4338-11 of the O.C.G.A., relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the O.C.G.A., relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for rules and regulations; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 588.

By Senators Rogers of the 21st, Shafer of the 48th, Staton of the 18th and Hill of the 32nd:

A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

His Excellency, The Honorable Governor Sonny Perdue, addressed the Senate briefly.

THURSDAY, MARCH 30, 2006

4043

The following bill was taken up to consider House action thereto:
HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th and others:
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 Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Smith of the 52nd asked unanimous consent that the Senate adhere to its amendment to HB 1211 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Smith of the 52nd, Tolleson of the 20th and Mullis of the 53rd.
The following bill was taken up to consider House action thereto:
SB 525. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-3, relating to executions by tax

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collectors and tax commissioners, and inserting in its place a new Code Section 48-3-3 to read as follows:
48-3-3.
(a) As used in this section, the term: (1) 'New owner' means the most recent subsequent owner who has purchased such property during the year after January 1, but on or after the due date of that tax bill year and whose deed has been duly recorded in the records of the clerk of the superior court for that county. (2) 'Owner of record' means the owner whose name appears in the deed record as the owner as of January 1 of that tax bill year.
(a)(b) The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by him the tax collector or tax commissioner at any time after 30 days have elapsed since giving notice as provided in subsection (b)(c) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the state. (b)(c) As soon as the last day for the payment of taxes has arrived, the tax collector or tax commissioner shall notify in writing the taxpayer of the fact that the taxes have not been paid and that, unless paid, an execution shall be issued; provided, however, that notice shall not be required for taxes due on personal property and executions may be issued on the day next following the day when taxes are due. (c)(d) No execution shall be issued against any person who is not the record owner of the property on the day that the taxes become delinquent, if, within 90 days from the due date, and when that person has provided satisfactory proof to the tax collector or tax commissioner that the property has been transferred by recorded deed and the liability for the payment of ad valorem taxes has been assigned to the vested transferee by written agreement or contract. In such cases, the execution shall be issued against the person who is the new record owner of the property on the date that taxes became delinquent only after such new owner has been sent a notice of the delinquent tax bill and that the tax collector or tax commissioner intends to issue a tax execution in the new owners name against such delinquent property if the bill and all applicable interest and other charges are not paid within 30 days of the date of the notice. Such notice shall be mailed first class to the address of record as shown on the real estate transfer tax declaration form in the records of the clerk of the superior court and to the address shown on the closing documents if presented or to the property location if the address differs from that shown on the real estate transfer tax declaration form. If an execution has already been issued against the owner of record, such execution shall be affirmatively cleared and vacated of record by the tax collector or tax commissioner upon receiving satisfactory proof as provided in this subsection. (e) Whenever technologically feasible, the tax collector or tax commissioner, at the time tax bills or any subsequent delinquent notices are mailed, shall also mail such bills or notices to any new owner that at that time appear in the records of the county board of assessors. The bills or notices shall be mailed to the address of record as found in the county board of assessors records. (f) The real estate transfer tax declaration form shall provide for and indicate the

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correct tax map parcel identification number before being accepted by the clerk of the superior court for recordation.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Williams of the 19th moved that the Senate agree to the House substitute to SB 525.
On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle C Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton
Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber
Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 525.

The following bill was taken up to consider House action thereto:

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SB 285. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to railroad companies; so as to remove certain provisions relating to general provisions regarding railroad companies; relating to powers of railroad companies generally; relating to construction, improvement, and repair of rail lines, depots, and roads; relating to operation of trains generally; relating to operation of trains at crossings; relating to injury to livestock and other property; relating to liens against railroad companies; relating to leases and conditional sales of rolling stock; relating to acts or attempts resulting in insolvency or judicial seizure of a company; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to railroad companies, is amended by repealing and reserving Article 1, relating to general provisions regarding railroad companies.
SECTION 2. Said chapter is further amended in Article 4, relating to powers of railroad companies generally, by repealing and reserving Code Section 46-8-101, relating to contracts between railroad companies for common use of tracks within cities, and by repealing and reserving Code Section 46-8-102, relating to construction and operation of vessels by railroad companies, and by repealing and reserving Code Section 46-8-103, relating to appropriation by railroad corporations of public highways, bridges, and ferries, and by repealing and reserving Code Section 46-8-105, relating to effect of adoption of Code Section 46-8-104 by railroad corporations not chartered by the General Assembly, and by repealing and reserving Code Section 46-8-106, relating to the sale or lease of property, rights, and franchises of railroad corporation upon termination of prior lease, and by repealing and reserving Code Section 46-8-107, relating to the sale of a railroad under trust deed, upon foreclosure of mortgage, or by judicial decree, and by repealing and

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reserving Code Section 46-8-108, relating to reorganization of a corporation by purchasers or their associates or assigns, and by repealing and reserving Code Section 468-109, relating to the exercise by a railroad company of rights, franchises, and privileges in another state or territory.
SECTION 3. Said chapter is further amended in Article 5, relating to construction, improvement, and repair of rail lines, depots, and roads, by repealing and reserving Code Section 46-8-125, relating to change of general direction and route of railroads, and by repealing and reserving Code Section 46-8-127, relating to regulation of distance between tracks with the same terminal points, and by repealing and reserving Code Section 46-8-129, relating to construction and maintenance by and at expense of railroad company of cattle guards, and by repealing and reserving Code Section 46-8-130, relating to liability of railroad company to landowner for failure to build cattle guard, and by repealing and reserving Code Section 46-8-131, relating to construction of cattle guard and farm crossing by railroad company upon request of landowner, and by repealing and reserving Code Section 46-8-132, relating to construction and applicability of Code Sections 46-8-129 through 46-8-131.
SECTION 4. Said chapter is further amended in Article 6, relating to operation of trains generally, by repealing and reserving Part 1, relating to employees engaged in operation of trains generally, and by repealing and reserving Part 2, relating to signal whistles and lights on trains.
SECTION 5. Said chapter is further amended in Part 3 of Article 6, relating to operation of trains at crossings, by repealing and reserving Code Section 46-8-190, relating to erection of blowposts to warn of crossings and the duty of locomotive engineers to blow the whistle, and by repealing and reserving Code Section 46-8-191, relating to the duty of railroad companies as to the erection of blowposts and exercise of due care by locomotive engineers, and by repealing and reserving Code Section 46-8-192, relating to effect of title on duties or liabilities of railroad companies under other laws, and by repealing and reserving Code Section 46-8-193, relating to duty of enginemen and conductors to stop trains at railroad crossings, and by repealing and reserving Code Section 46-8-198, relating to erection and placement of signboards to warn of drawbridges, grade crossings, and stations at which there is a switch.
SECTION 6. Said chapter is further amended in Article 6, relating to operation of trains generally, by repealing and reserving Part 4, relating to injury to livestock and other property.
SECTION 7. Said chapter is further amended by repealing and reserving Article 8, relating to liens against railroad companies.

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SECTION 8. Said chapter is further amended by repealing and reserving Article 9, relating to leases and conditional sales of rolling stock.
SECTION 9. Said chapter is further amended by repealing and reserving Article 13, relating to acts or attempts resulting in insolvency or judicial seizure of a company.
SECTION 10. 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 285.
On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle C Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 285.

The following resolution was read and adopted:

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SR 1416. By Senators Meyer von Bremen of the 12th, Hooks of the 14th, Starr of the 44th, Brown of the 26th, Adelman of the 42nd and others:
A RESOLUTION commending the Honorable Mark Taylor; and for other purposes.
Senators Johnson of the 1st, Meyer von Bremen of the 12th, Starr of the 44th and Brown of the 26th recognized the President of the Senate, Lt. Governor Mark Taylor, commended by SR 1416. The Honorable Mark Taylor addressed the Senate briefly.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 382. By Senators Harp of the 29th and Hill of the 32nd:
A BILL to be entitled an Act to amend Titles 5, 7, and 19 of the O.C.G.A., relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the direct appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-615, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
At 6:30 p.m. Senator Eric Johnson, President Pro Tempore, announced that the Senate would stand in recess until 7:00 p.m.
At 7:00 p.m. the President resumed the Chair and called the Senate to order.

The following bill was taken up to consider House action thereto:

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SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others:
A BILL to be entitled an Act 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 establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senator Goggans of the 7th asked unanimous consent that the Senate adhere to its substitute to SB 572 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Goggans of the 7th, Whitehead of the 24th and Chapman of the 3rd.
The following bill was taken up to consider House action thereto:
SB 64. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Douglas of the 17th asked unanimous consent that the Senate adhere to its substitute to SB 64 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Douglas of the 17th, Kemp of the 46th and Mullis of the 53rd.
The following bill was taken up to consider House action thereto:
HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for

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issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

Senator Kemp of the 46th asked unanimous consent that the Senate insist on its substitute to HB 1053.

The consent was granted, and the Senate insisted on its substitute to HB 1053.

Senator Johnson of the 1st moved that the Senate agree to the House substitutes to the following local legislation: SB 37, SB 38, SB 39 and SB 40.

The House substitutes were as follows:

*SB 37:

A BILL TO BE ENTITLED AN ACT

To provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Richmond Hill, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Richmond Hill who is a senior citizen is granted an exemption on that persons homestead from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation.

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(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Richmond Hill, or the designee thereof, giving the persons age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Richmond Hill, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Richmond Hill, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Richmond Hill, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Richmond Hill shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Richmond Hill for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the
( ) NO amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the

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votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Richmond Hill. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
*SB 38:
A BILL TO BE ENTITLED AN ACT
To provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of the Bryan County, including, but not limited to, ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of Bryan County who is a senior citizen is granted an exemption on that persons homestead from all Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner

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of Bryan County giving the persons age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Bryan County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Bryan County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bryan County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bryan County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of
( ) NO $50,000.00 of the assessed value of the homestead for residents of that county who are 65 of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by

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Bryan County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
*SB 39:
A BILL TO BE ENTITLED AN ACT
To provide a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
(a) As used in this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Bryan County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
(b) Each resident of the Bryan County school district who is a senior citizen is granted an exemption on that persons homestead from all Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Bryan County giving the persons age and such additional information relative to

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receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Bryan County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Bryan County school district ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bryan County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Bryan County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from Bryan County school district ad valorem taxes for educational purposes
( ) NO in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Bryan County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.

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SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

*SB 40:

A BILL TO BE ENTITLED AN ACT

To provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Pembroke, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Pembroke who is a senior citizen is granted an exemption on that persons homestead from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Pembroke, or the designee thereof, giving the persons age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Pembroke, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Pembroke, or the designee thereof,

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shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Pembroke, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Pembroke shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Pembroke for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount
( ) NO of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Pembroke. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State.

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SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House substitutes to SB 37, SB 38, SB 39 and SB 40.
The following bill was taken up to consider House action thereto:
SB 520. By Senators Johnson of the 1st, Kemp of the 46th, Douglas of the 17th and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and revolver to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and duty weapon to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking subsection (c) of Code Section 35-2-42, relating to compensation of members of the Uniform Division, communications officers, recruits, and cadets, and inserting a new subsection (c) to read as follows:
(c) The board shall be authorized to pay to officers, noncommissioned officers, and troopers of the Uniform Division sworn members of the Department of Public Safety additional compensation to be paid upon retirement in the form of the badge and the revolver duty weapon issued by the department to such member officer, noncommissioned officer, or trooper.
SECTION 2. Said article is further amended by striking Code Section 35-2-49, relating to the provision of uniforms and equipment to members of the Uniform Division and radio operators and retention of weapons and badges upon retirement, in its entirety and inserting a new Code Section 35-2-49 to read as follows:
35-2-49. The commissioner shall, within the limit of the appropriation, provide the sworn members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a sworn member has accumulated 25 15 years of service with in the Uniform Division of the Department of Public Safety, including prior service with the Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation, or Georgia Building Authority, upon leaving the division department under honorable conditions, or upon leaving the department as a result of a disability arising in the line of duty regardless of the number of years of service, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators. After a radio operator has accumulated 25 15 years of service with the department, including prior service with the Georgia Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation, or Georgia Building Authority, upon leaving the department under honorable conditions, such radio operator shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 520.
On the motion, a roll call was taken and the vote was as follows:

Y Adelman C 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
Henson

Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody
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 Tarver
Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 520.

The following resolutions were read and adopted:

SR 1422. By Senator Meyer von Bremen of the 12th:

A RESOLUTION commending Ms. Mary Rice Yancey for her years of service to the General Assembly; and for other purposes.

SR 1423. By Senator Meyer von Bremen of the 12th:

A RESOLUTION commending Mildred Slayton for her years of service to the State of Georgia; and for other purposes.

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The President introduced Mary Yancey, commended by SR 1422, Mildred Slayton, commended by SR 1423 and Kevin Johnson, commended by SR 1405, adopted previously.
The following bill was taken up to consider House action thereto:
SB 573. By Senators Carter of the 13th and Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; 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 Article 1 of Chapter 2 of Title 8 and Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to buildings generally and condominiums, so as to change certain provisions relating to condominium sales and repairs; to change certain provisions relating to resolution of construction defects; to clarify how builders and homeowners are required to operate under Part 2A relating to resolution of construction defects; to change conflicting language within Part 2A; to provide a better framework for dispute resolution; to change certain definitions; to change certain provisions relating to notice of claim and the response of the contractor to the claim; to change certain provisions relating to discovery of additional defects after original notice of a claim is given; to change certain provisions relating to the effect of a claimants acceptance of settlement and subrogation of insurance; to change certain provisions relating to the notice to the consumer prior to beginning initial construction work; to change certain provisions relating to the prohibition against bribery of property or association managers; to change certain provisions relating to causes of action being created and the contractors right to seek recovery from subcontractors or other professionals; to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by striking Part 2A, relating to resolution of construction defects, and inserting in lieu thereof the following:
Part 2A
8-2-35. The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation.
8-2-36. As used in this part, the term:
(1) 'Action' means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling or common area caused by an alleged construction defect. (2) 'Association' means a corporation formed for the purpose of exercising the powers of the members of any common interest community. (3) 'Claimant' means anyone who asserts a claim concerning a construction defect. (4) 'Common area' means the common areas, improvements, and facilities that are owned or maintained by the association in a common interest community. (4)(5) 'Construction defect' has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law; if no written, express warranty or applicable statutory warranty provides a definition, then 'construction defect' means a matter concerning the design, construction, or repair, or alteration of a dwelling or common area, of an alteration of or repair or addition to an existing dwelling, or of an appurtenance to a dwelling or common area on which a person has a complaint against a contractor. The term may include any physical damage to the dwelling or common area, any appurtenance, or the real property on which the dwelling or appurtenance is affixed proximately caused by a construction defect. (5)(6) 'Contractor' means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings or common areas, or the alteration of or addition alterations of or additions to an existing dwelling, repair of a new or existing dwelling, or construction, sale, alteration, addition, or repair of an appurtenance to a new or existing dwelling existing dwellings or common areas, or the repair of such improvements. The term includes:

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(A) An owner, officer, director, shareholder, partner, or employee of the contractor; (B) Subcontractors and suppliers of labor and materials used by a contractor in a dwelling or common area; and (C) A risk retention group registered under applicable law, if any, that insures all or any part of a contractors liability for the cost to repair a construction defect. (6)(7) 'Dwelling' means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual residential unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A dwelling includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit. (7)(8) 'Serve' or 'service' means deposit in the United States mail, postage prepaid for delivery by certified mail, return receipt requested or statutory overnight delivery, return receipt requested, to the last known address of the addressee. For a corporation, limited partnership, limited liability company, or other registered business organization, it means service on the registered agent or other agent for service of process authorized by law.
8-2-37. If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to stay pursuant to this Code section.
8-2-38. (a) In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect claim or claims and is providing notice of the claim or claims pursuant to the requirements of this part. The notice of claim shall describe the claim or claims in detail sufficient to explain the nature of the alleged construction defects and the results of the defects. In addition, the claimant shall provide to the contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photographs, and videotapes, if that evidence would be discoverable under evidentiary rules. (b) Within 30 days after service of the notice of claim by a claimant required in subsection (a) of this Code section, each contractor that has received the notice of claim shall serve on the claimant, and on any other contractor that has received the notice of claim, a written response to the claim or claims, which either:
(1) Offers to settle the claim by monetary payment, the making of repairs, or a

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combination of both, without inspection; or (2) Proposes to inspect the dwelling or common area that is the subject of the claim. (c) If the contractor wholly rejects the claim and will neither remedy the alleged construction defect nor settle the claim or does not respond to the claimants notice of claim within the time stated in subsection (b) of this Code section, the claimant may bring an action against the contractor for the claims described in the notice of claim without further notice except as otherwise provided under applicable law. A contractor that does not respond to a notice of claim within the time prescribed by subsection (b) of this Code section may not claim or assert that the absence of documents required to be provided with the notice of claim under subsection (a) of this Code section relieved the contractor from the contractors obligation to respond to the notice of claim. (d) If the claimant rejects the settlement offer made by the contractor, the claimant shall provide written notice of the claimants rejection to the contractor and, if represented by legal counsel, his or her attorney. The notice shall include the reasons for the claimants rejection of the contractors proposal or offer. If the claimant believes that the settlement offer: (1) Omits reference to any portion of the claim; or (2) Was unreasonable in any manner, the claimant shall in his or her written notice include those items that claimant believes were omitted and set forth in detail all known reasons why the claimant believes the settlement offer is unreasonable. (e) If a proposal for inspection is made pursuant to paragraph (2) of subsection (b) of this Code section, the claimant shall, within 30 days of receiving the contractors proposal, provide the contractor and its subcontractors, agents, experts, and consultants prompt and reasonable access to the dwelling or common area to inspect the dwelling or common area, document any alleged construction defects, and perform any destructive or nondestructive testing required to fully and completely evaluate the nature, extent, and cause of the claimed defects and the nature and extent of any repairs or replacements that may be necessary to remedy the alleged defects. If destructive testing is required, the contractor shall give claimant advance notice of such tests and shall, after completion of the testing, return the dwelling or common area to its pretesting condition. If any inspection or testing reveals a condition that requires additional testing to allow the contractor to fully and completely evaluate the nature, cause, and extent of the construction defect, the contractor shall provide notice to the claimant of the need for such additional testing and the claimant shall provide prompt and reasonable access as set forth in this Code section. If a claim is asserted on behalf of owners of multiple dwellings or multiple owners of units within a multifamily complex, the contractor shall be entitled to inspect each of the dwellings or units common areas which may be or appear to be affected by the alleged defect. The contractor shall commence and diligently pursue completion of all the desired inspections within the 30 day period after delivery of the contractors written proposal. Inspection shall be completed within the same 30 day period if reasonable or within a reasonable period thereafter if completion is not reasonable within 30 days.

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(f) Within 14 days following completion of the inspection and testing set forth in this Code section, the contractor shall serve on the claimant:
(1) A written offer to fully or partially remedy the construction defect at no cost to the claimant. Such offer shall include a description of any additional construction necessary to remedy the defect described in the claim and an anticipated timetable for the completion of such construction; (2) A written offer to settle the claim by monetary payment; (3) A written offer including a combination of repairs and monetary payment; or (4) A written statement that the contractor will not proceed further to remedy the defect, along with the reasons for such rejection. (g) If a claimant accepts a contractors offer made pursuant to paragraph (1), (2), or (3) of subsection (f) of this Code section and the contractor does not proceed to make the monetary payment or remedy the construction defect or both within the agreed timetable, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. In such a situation, the claimant may also file the contractors offer and claimants acceptance, and such offer and acceptance will create a rebuttable presumption that a binding and valid settlement agreement has been created and should be enforced by the court or arbitrator. (h) If a claimant receives a written statement that the contractor will not proceed further to remedy the defect or if the contractor fails to serve the claimant with the required written offer or written statement within the time prescribed by subsection (f) of this Code section, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. The contractors written statement shall include all known reasons for the rejection of the claim. (i) If the claimant rejects the offer made by the contractor to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimants rejection on the contractor. The notice shall include all known reasons for the claimants rejection of the contractors offer. (j) Upon receipt of a claimants rejection and the reasons for such rejection, the contractor may, within 15 days of receiving the rejection, make a supplemental offer of repair or monetary payment or both to the claimant. (k) If the claimant rejects the supplemental offer made by the contractor to repair the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimants rejection on the contractor. The notice shall include all known reasons for the claimants rejection of the contractors supplemental settlement offer. (l) If a claimant rejects a reasonable offer, including any reasonable supplemental offer, made as provided by this part or does not permit the contractor to repair the construction defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of:

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(1) The fair market value of the offer of settlement or the actual cost of the repairs made; or (2) The amount of a monetary offer of settlement. For purposes of this subsection, the trier of fact shall determine the reasonableness of an offer of settlement made pursuant to this part. If the claimant has rejected a reasonable offer, including any reasonable supplemental offer, and any other law allows the claimant to recover costs and attorneys fees, then the claimant may recover no costs or attorneys fees incurred after the date of his or her rejection. (m) Any claimant accepting the offer of the contractor to remedy a construction defect shall do so by serving the contractor with a written notice of acceptance within a reasonable period of time after receipt of the contractors settlement offer but no later than 30 days after receipt of the offer. If no response is served upon the contractor within the 30 day period, then the offer shall be deemed accepted. (n) If a claimant accepts a contractors offer to repair a construction defect described in a notice of claim, the claimant shall provide the contractor and its subcontractors, agents, experts, and consultants prompt and unfettered access to the dwelling or common area to perform and complete the construction by the timetable stated in the settlement offer. (o) If, during the pendency of the notice, inspection, offer, acceptance, or repair process, an applicable limitations period would otherwise expire, the claimant may file an action against the contractor, but such action shall be immediately stayed until completion of the notice of claim process described in this part. This subsection shall not be construed to: (1) Revive a statute of limitations period that has expired prior to the date on which a claimants written notice of claim is served; or (2) Extend any applicable statute of repose. (p) After the sending of the initial notice of claim, a claimant and a contractor may, by written mutual agreement, alter the procedure for the notice of claim process described in this part.
8-2-39. (a) A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction:
(1) Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and (2) An opportunity to resolve the notice of claim in the manner provided in Code Section 8-2-38. (b) A construction defect that is discovered during the pendency of an action filed in compliance with this part may be added as a supplemental or additional claim to the pending action if failure to add the claim would prejudice any legal rights of the claimant or the contractor; provided, however, that the claimant shall comply with the requirements of subsection (a) of this Code section, and such action shall be

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immediately stayed until completion of the notice of claim process, unless otherwise agreed by the parties.

8-2-40. (a) If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part:
(1) The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and (2) A contractors performance of repairs or payment of money to a claimant made pursuant to this Code section shall not, by itself, create insurance coverage or otherwise affect the mutual rights and obligations of the parties under a contractors liability insurance policy or, by itself, be considered a voluntary payment of an otherwise valid insured loss. (b) An insurer paying a claim under this part shall be subrogated to the rights of the claimant to whom the amounts were paid against the person causing the construction defect, damages, or other reason for payment to the extent that claim payments were made, except that the insurer shall be required to pay any applicable part of costs, expenses, and attorneys attorneys fees incurred in connection therewith.

8-2-41. (a) Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractors right to resolve alleged construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of the contract. (b) The notice required by subsection (a) of this Code section shall be in substantially the following form:
GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.

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8-2-42. (a) A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction defect. As used in this Code section, the term 'anything of value' shall not include payments, services, or other items of value which the recipient would otherwise be entitled to receive under an existing contract. (b) A property manager retained by a homeowners an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association that he or she manages to file a claim for damages arising from a construction defect. (c) A member or officer of an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association of which he or she is a member or officer to file a claim for damages arising from a construction defect. (d) A person who knowingly violates subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor. (e) An association may bring an action against a contractor to recover damages resulting from construction defects in any of the common elements or limited common elements area of the a common interest community only. Such action may be maintained only after, provided that:
(1) The association first obtains the written approval of each units owner whose interest in the common elements or limited common elements will be the subject of the action; (2) A vote of the units owners to which at least a majority of the votes of the members of the association are allocated; The members of the association have voted to approve commencement of an action by two-thirds of the votes cast, by statutory written ballot as provided in Code Section 14-3-708 or have approved commencement of an action by the affirmative vote of at least two-thirds of the total membership at a meeting of the members at which a quorum is present; (3)(2) The full board of directors of the association and the contractor have met in person and conferred in a good faith attempt to resolve the associations claim, or the contractor has definitively declined or ignored the requests to meet with the board of directors of the association; and (4)(3) The association has otherwise satisfied all of the preaction requirements for a claimant to commence an action as set forth in this part. (f) At least three business days in advance of any vote to commence an action by an association to recover damages resulting from construction defects in any of the common elements or limited common elements of the common interest community, the attorney representing the association shall provide to each units owner a written statement that includes, in reasonable detail: the meeting at which the association members vote or at the time a statutory written ballot is circulated to the members to

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obtain approval of an action to recover damages resulting from construction defects in the common area of a common interest community, the association shall provide each owner a copy of the notice of claim provided to the contractor and an additional written description of claims and the reasons the board of the association is recommending consideration of the litigation.
(1) The defects and damages or injuries to the common elements or limited common elements; (2) The cause of the defects, if the cause is known; (3) The nature and the extent that is known of the damage or injury resulting from the defects; (4) The location of each defect within the common elements or limited common elements, if known; (5) A reasonable estimate of the cost of the action or mediation, including reasonable attorneys fees and costs, expert fees, and the costs of testing; and (6) All disclosures that the unit owner is required to make upon the sale of the unit. (g) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element, or limited common element dwelling or common area caused by a construction defect unless:
(1) The person is licensed as a contractor pursuant to law; (2) The association has obtained the prior written approval of each units owner whose unit or interest in the common element or limited common element dwelling will be directly affected by such testing; (3) The person performing the tests has provided a written schedule for repairs; (4) The person performing the tests is required to repair all damage resulting from such tests in accordance with state laws and local ordinances relating thereto; (5)(3) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests; and (6)(4) Reasonable prior notice and opportunity to observe the tests is given to the contractor against whom an action may be brought as a result of the tests. (h) An association may commence an action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of an action is to be considered or action is to be taken at least 21 calendar days before the meeting. (i) The board of directors of an association may, without giving notice to the units owners, employ a contractor and such other persons as are necessary to make such immediate repairs to a unit or common element common area within the common interest community as are required to protect the health, safety, and welfare of the units owners.

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8-2-43. (a) Nothing in this part shall create any cause of action on behalf of any claimant or contractor. (b) This part does not apply to a contractors right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant. (c) In the event of any conflict or inconsistency between the provisions of this part and the provisions of any contract between a claimant and a contractor, the provisions of the contract shall govern and control. (d) This part shall not apply to a contractor who is not required to be licensed under Chapter 41 of Title 43.
SECTION 2. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by striking Code Section 44-3-112, relating to escrow of deposits made or other payments made prior to closing on a condominium unit, and inserting in lieu thereof the following:
44-3-112. (a) Any deposit or other payment made prior to closing with respect to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, any member of the buyers family, or any employee of the buyer shall be held in escrow until it is delivered at closing, delivered to the seller in accordance with subsection (b) of this Code section, or delivered to the person or persons entitled thereto upon breach of the contract for the sale. Such escrow funds shall be deposited in a separate account designated for this purpose; provided, however, that, in the event any such deposit is held by a real estate broker licensed under the laws of this state, such funds may be placed in such brokers escrow account instead of a separately designated account. (b) If the contract for sale of the condominium unit so provides and the purchase price of the condominium unit is not less than $150,000.00, the seller may withdraw escrow funds in excess of 1 percent of the purchase price from the escrow account required by subsection (a) of this Code section when the construction of improvements has commenced. The seller shall only use the funds in the actual construction and development of the condominium property in which the unit to be sold is located. However, no part of these funds may be used for salaries, commissions, expenses of real estate licensees, or advertising purposes. A contract which permits use of the advance payments for these purposes shall be initialed by the buyer and include the following caveat in boldfaced type or capital letters no smaller than the largest type on the first page of the contract: ANY PAYMENT IN EXCESS OF 1 PERCENT OF THE PURCHASE PRICE MADE TO THE SELLER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE SELLER.

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SECTION 3. (a) This section and Sections 1 and 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective on July 1, 2006. (c) This Act shall only apply with respect to causes of actions or claims arising on or after the effective date of this Act, and any prior causes of action or claims shall continue to be governed by prior law.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Carter of the 13th moved that the Senate agree to the House substitute to SB 573.
On the motion, a roll call was taken and the vote was as follows:

Y Adelman C Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead
Wiles Williams Y Zamarripa

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 573.

The following bill was taken up to consider House action thereto:

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HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Senator Cagle of the 49th asked unanimous consent that the Senate adhere to its substitute to HB 848 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Cagle of the 49th, Chance of the 16th and Whitehead of the 24th.
The following bill was taken up to consider House action thereto:
SB 415. By Senators Douglas of the 17th, Seabaugh of the 28th, Grant of the 25th, Schaefer of the 50th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that a person evacuated from a combat zone due to severe injuries shall be deemed to have completed a qualifying term of service; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by striking paragraph (5) and inserting in lieu thereof a new paragraph (5) to read as follows:
(5) 'Qualifying term of service' means deployment overseas for active service on or
after the effective date of this subpart to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone for a consecutive period of at least 181 days or, in the case of an individual who is killed or receives a 100 percent disability as a result of injuries received in such combat zone, any period of time on active service in such combat zone; provided, however, that any person who fails to serve the full 181 consecutive days because he or she was evacuated from the combat zone due to severe injuries shall be deemed to have completed a qualifying term of service.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Douglas of the 17th moved that the Senate agree to the House substitute to SB 415.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman C Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

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On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 415.
Senator Thomas of the 2nd asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.
The following bill was taken up to consider House action thereto:
SB 606. By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals or memorial services; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by adding a new Code Section 1611-34.2 to read as follows:
16-11-34.2. (a) The General Assembly declares that the interest of persons in planning, participating in, and attending a funeral or memorial service for a deceased relative or loved one without unwanted impediment, disruption, disturbance, or interference is a substantial interest and the General Assembly further recognizes the need to impose content neutral time, place, and manner restrictions on unwanted acts carried out with the intent to impede, disrupt, disturb, or interfere with such funeral or memorial service. (b) It shall be unlawful to engage in any disorderly or disruptive conduct with the

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intent to impede, disrupt, disturb, or interfere with the orderly conduct of any funeral or memorial service or with the normal activities and functions carried on in the facilities or buildings where such funeral or memorial service is taking place. Any or all of the following shall constitute such disorderly or disruptive conduct:
(1) Displaying any visual images that convey fighting words or actual or imminent threats of harm directed to any person or property associated with said funeral or memorial service within 500 feet of the ceremonial site or location being used for the funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service; (2) Uttering loud, threatening, or abusive language or singing, chanting, whistling, or yelling with or without noise amplification including, but not limited to, bullhorns, automobile horns, and microphones, such as would tend to impede, disrupt, disturb, or interfere with a funeral or memorial service within 500 feet of the ceremonial site or location being used for the funeral or memorial service; (3) Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service; or (4) Conducting a public assembly, parade, demonstration, or other like event, either fixed or processional, within 500 feet of the ceremonial site or location being used for a funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service. (c) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a misdemeanor.

SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to all offenses committed on or after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Douglas of the 17th moved that the Senate agree to the House substitute to SB 606.

On the motion, 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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate

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Y Chance E Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

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 Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 606.

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 Schaefer of the 50th asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Wiles of the 37th be excused. The consent was granted, and Senator Wiles was excused.

The following bill was taken up to consider House action thereto:

SB 191. By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide for expedited review of certain applications for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes
The House substitute was as follows:

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A BILL TO BE ENTITLED AN ACT
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawals; to change certain provisions relating to permits for groundwater withdrawals for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and no effect on existing common or statutory law; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking paragraph (1) of subsection (c) of Code Section 12-2-2, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, and inserting in lieu thereof the following:
(c)(1)(A) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall notify all permit or variance applicants within 30 days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance.
(B)(i) The director may identify professionals qualified to review certain permit applications in accordance with rules and regulations adopted by the board of the Department of Natural Resources. (ii) A permit applicant may retain a qualified professional to review an application prior to submittal to the division. If the qualified professional certifies an application as complete, the division shall act expeditiously on the application. (iii) A qualified professional certifying an application shall be independent of any

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professional preparing the application. (iv) The applicant shall directly pay the fees of the qualified professional. (v) The director may remove the qualified status of a professional if the professional provides a certification for an inaccurate application. (C) When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived.
SECTION 2. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawals, and inserting in lieu thereof the following:
(3) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicants farm use of surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this Code section, but a permit based upon such evaluation and classification shall be issued to ensure the applicants right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information, including rated capacity, pump location, and power information. Applications under this paragraph submitted on or after the effective date of this paragraph for farm use within the Flint River basin shall be assessed a

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nonrefundable application fee in the amount of $250.00 per application. Permits issued applied for under this paragraph shall have no term and on or after the effective date thereof for farm use in the Flint River basin shall have a term of 25 years and shall be renewed at the original permitted capacity unless an evaluation of the water supply by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource. All permits issued under this paragraph may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment. Any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section. Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46.
SECTION 3. Said title is further amended by in subsection (k) of said Code Section 12-5-31 by adding a new paragraph to read as follows:
(6.1) The director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after the effective date of this paragraph if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the State Soil and Water Conservation Commission, has not commenced within two years of the date of issuance of the permit unless the permittee can reasonably demonstrate that his or her nonuse was due to financial hardship or circumstances beyond his or her control.
SECTION 4. Said title is further amended by striking subsections (a) and (b) of Code Section 12-5105, relating to permits for groundwater withdrawals for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and no effect on existing common or statutory law, and inserting in lieu thereof the following:
(a) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined by paragraph (5.1) of Code Section 12-5-92, shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicants farm use of ground water occurred prior to July 1, 1988, and when such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of ground water occurring prior to July 1, 1988, shall be granted for the withdrawal of ground water at a rate of withdrawal equal to the greater of the operating capacity in place for

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withdrawal on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal of ground water for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to Code Sections 12-5-96 and 12-5-97, but a permit based upon such evaluation and classification shall be issued to ensure the applicants right to a reasonable use of such ground water. Applications under this Code section submitted on or after the effective date of this subsection for farm use within the Flint River basin shall be assessed a nonrefundable application fee in the amount of $250.00 per application. Any permit issued pursuant to this Code section shall be further conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; the name and address of the permittee; a description of the general type of irrigation system used; well construction; and pump information, including rated capacity, pump setting depth, and power information. (b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows:
(1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall have annual reporting requirements and no term and. Permits applied for under this Code section on or after the effective date of this subsection for farm use within the Flint River basin shall have a term of 25 years and shall be renewed at the original permitted capacity unless an evaluation of the water supply by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource. All permits issued under this Code section may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment, and any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; (2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse; except that the director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after the effective date of this paragraph if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the State Soil and Water Conservation Commission, has not commenced within two years of the date of issuance of the permit unless the permittee can reasonably demonstrate that his or her

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nonuse was due to financial hardship or circumstances beyond his or her control; (3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section.

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Tolleson of the 20th moved that the Senate agree to the House substitute to SB 191.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y 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 E 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 191.

THURSDAY, MARCH 30, 2006

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The following bill was taken up to consider House action thereto:

SB 472. By Senator Rogers of the 21st:

A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:

Page 3 Line 21 after "authorities" strike "May" and insert "Shall".

Senator Rogers of the 21st moved that the Senate agree to the House amendment to SB 472.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen 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 Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

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On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 472.

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 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th:
A BILL to be entitled an Act 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 require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; 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 on the following Bill of the House:
HB 1372. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Channell of the 116th, Graves of the 137th, Harbin of the 118th.
The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the House:

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HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th:
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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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.
The Speaker has appointed on the part of the House, Representatives Burkhalter of the 50th, Lewis of the 15th, O`Neal of the 146th.
The following bill was taken up to consider House action thereto:
SB 532. By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. so as to enhance the protection of facilities licensed by the United States Nuclear Regulatory Commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend provisions of the Official Code of Georgia Annotated so as to enhance the protection of nuclear power facilities licensed by the United States Nuclear Regulatory Commission; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to authorize the use of certain weapons by nuclear security personnel or contract nuclear security personnel operating pursuant to a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency; to prohibit the possession or use of certain weapons on a federally licensed nuclear plant site; to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, so as to empower such nuclear security personnel to detain and use reasonable force against persons reasonably believed to present a danger to the nuclear plant site; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to expedite the processing and background checks of persons seeking

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employment in the field of nuclear security; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide an affirmative defense for such security personnel executing an approved nuclear security plan; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by striking "and" at the end of paragraph (3), substituting "; and" for the period at the end of paragraph (4), and inserting a new paragraph (5) in Code Section 16-11-124, relating to exemptions from the prohibition of the possession of certain dangerous firearms and weapons, to read as follows:
(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers.
SECTION 2. Said chapter is further amended by inserting a new Code Section 16-11-127.2, immediately following Code Section 16-11-127.1, relating to carrying weapons within school safety zones, to read as follows:
16-11-127.2. (a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such persons control while on the premises of a nuclear power facility a firearm or weapon. Any person who violates this subsection shall be guilty of a misdemeanor. (b) Any person who violates subsection (a) of this Code section with the intent to do bodily harm on the premises of a nuclear power facility shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $10,000, by imprisonment for not less than two nor more than 20 years, or both. (c) This Code section shall not apply to a security officer authorized to carry dangerous weapons pursuant to Code Section 16-11-124 who is acting in connection with his or her official duties on the premises of a federally licensed nuclear power facility; nor

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shall this Code section apply to persons designated in paragraph (3), (4), (5), or (9) of subsection (c) of Code Section 16-11-127.1.
SECTION 3. Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, is amended by inserting a new subsection (f) in Code Section 17-4-20, relating to the authorization of arrests with and without warrants, and use of deadly force, to read as follows:
(f) A nuclear power facility security officer, including a contract security officer, employed by a federally licensed nuclear power facility or licensee thereof for the purpose of securing that facility shall have the authority to:
(1) Threaten or use force against another in defense of a federally licensed nuclear power facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23; (2) Search any person on the premises of the nuclear power facility or the properties adjacent to the facility if the facility is under imminent threat or danger pursuant to a written agreement entered into with the local enforcement agency having jurisdiction over the facility for the purpose of determining if such person possesses unauthorized weapons, explosives, or other similarly prohibited material; provided, however, that if such person objects to any search, he or she shall be detained as provided in paragraph (3) of this subsection or shall be required to immediately vacate the premises. Any person refusing to submit to a search and refusing to vacate the premises of a facility upon the request of a security officer as provided for in this Code section shall be guilty of a misdemeanor; and (3) In accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security, detain any person located on the premises of a nuclear power facility or on the properties adjacent thereto if the facility is under imminent threat or danger pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility, where there is reasonable suspicion to believe that such person poses a threat to the security of the nuclear power facility, regardless of whether such prohibited act occurred in the officers presence. In the event of such detention, the law enforcement agency having jurisdiction over the facility shall be immediately contacted. The detention shall not exceed the amount of time reasonably necessary to allow for law enforcement officers to arrive at the facility.
SECTION 4. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by inserting a new subsection (d.4) in Code Section 35-3-34, relating to the disclosure and dissemination of criminal records to private persons and businesses, to read as follows:
(d.4) The center shall place a high priority on inquiries from any nuclear power facility

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requesting a criminal history and shall respond to such requests as expeditiously as possible, but in no event shall a response be made more than two business days following receipt of the request.

SECTION 5. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by inserting a new Code Section 51-1-30.4 to read as follows:
51-1-30.4.
Notwithstanding any other provision of law, an authorized security officer as provided for in Code Section 16-11-124 acting within the scope of his or her official duties on the premises of a federally licensed nuclear power facility or the properties adjacent to the facility pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility shall be entitled to immunity as provided in Code Section 51-11-9. Such officer and the officers employer or the owner, operator, or licensee of the facility where the officer is providing security services shall also be immune from liability for the officers good faith performance of his or her duties at such facility in accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency.

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 5 of this Act shall apply only with respect to causes of action arising on or after the effective date of this Act.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Whitehead of the 24th moved that the Senate agree to the House substitute to SB 532.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Balfour Brown
Y Bulloch Y Butler Y Cagle Y Carter
Chance Y Chapman
Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R
Thompson,C

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Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
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 532.

The following bill was taken up to consider House action thereto:

HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th:

A BILL to be entitled an Act 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 require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Whitehead of the 24th asked unanimous consent that the Senate insist on its substitute to HB 1473.

The consent was granted, and the Senate insisted on its substitute to HB 1473.

The following bill was taken up to consider House action thereto:

SB 523. By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.18 to read as follows:
40-2-86.18. (a) There shall be issued beginning July 1, 2007, special license plates honoring the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plate shall be officially designated as the Gold Star license plate. (b) The commissioner, in cooperation with supporters of this license plate, shall design a special license plate for the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. The license plate shall bear in a conspicuous place a gold star with blue fringe on a white background with a red border. This is the symbol for a fallen service member. In the indented area normally used for the county of residence decal, the words 'Gold Star Family' shall be displayed. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (c) Notwithstanding the provisions of subsections (a) and (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of such special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights.

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However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) On and after July 1, 2007, any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. One Gold Star license plate per eligible family member is free of charge, after payment of all ad valorem taxes and other fees due at registration of a motor vehicle. In order to qualify as a family member, the person must be directly related to the fallen service member as a spouse or legal mother or father. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate. (e) Whether a service member is deemed to have been killed in action shall be determined by the classification of death as listed by the United States Department of Defense and may be verified from documentation directly from the Department of Defense. (f) The Gold Star license plate shall be issued only to family members of service members who resided in Georgia at the time of the death of the service member. (g) Renewal decals shall be issued at no cost to the eligible family member upon the payment of ad valorem taxes and other registration fees, provided that the renewal is applied for on or within 30 days prior to the renewal date of the eligible family member. If the eligible family member fails to renew within such time, he or she shall pay a standard renewal fee and be subject to the standard penalties for late payment of ad valorem taxes due on the motor vehicle. (h) An eligible family member may request a Gold Star license plate at any time during his or her registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate renewal decals attached. (i) License plates issued pursuant to this Code section shall not be transferred between vehicles as provided in Code Section 40-2-42, unless the transfer is to another motor vehicle owned by the eligible family member. (j) Gold Star license plates shall be issued within 30 days of application. (k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section.
SECTION 2. This Act shall become effective on January 1, 2007.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Grant of the 25th moved that the Senate agree to the House substitute to SB 523.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 523.

The following bill was taken up to consider House action thereto:

SB 592. By Senators Grant of the 25th, Hill of the 4th, Kemp of the 46th and Harp of the 29th:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

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A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; 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. Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to disposition of surplus property, is amended by striking Code Section 50-5-141, relating to the transfer, sale, trade, or destruction of property, in its entirety and inserting a new Code Section 50-5-141 to read as follows:
50-5-141. (a) The Department of Administrative Services is authorized and it shall be its duty to dispose of surplus property by one of the following means:
(1) Transfer transfer to other state agencies, or; (2) Sell to sell to the highest responsible bidder for cash, or; (3) Sell by fixed price; provided, however, that surplus property sold by fixed price shall have been originally purchased by the state for an amount of $5,000.00 or less; (4) Trade trade in such surplus property on the purchase of new equipment if the Department of Administrative Services shall determine that such action is for the best interest of the state, or,; or (5) Where where the Department of Administrative Services shall determine that the surplus property has no value or that the cost of maintaining and selling the surplus property exceeds the anticipated proceeds from the sell of the surplus property, shall order its by destruction and disposal and order its of removal from the inventory of the department, institution, or agency with such action noted thereon. (b) No employee of the Department of Administrative Services or such employees immediate family member shall purchase surplus property sold by fixed price or negotiated sale; nor shall any person purchase surplus property by fixed price or negotiated sale for the direct or indirect benefit of any such employee or employees immediate family member.
SECTION 2. Said article is further amended by striking Code Section 50-5-142, relating to the commissioners authority to promulgate rules and regulations, in its entirety and inserting a new Code Section 50-5-142 to read as follows:
50-5-142.

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The commissioner of administrative services shall promulgate such rules and regulations as may be required to carry out Code Sections 50-5-140, 50-5-141, 50-5143, 50-5-144, and 50-5-146 and shall establish procedures for the disposition of surplus property, including the manner whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured, pursuant to Code Section 50-5-141.
SECTION 3. Said article is further amended by striking Code Section 50-5-144, relating to the transfer of surplus property to private health or educational institutions or public corporations by negotiated sale, in its entirety and inserting a new Code Section 50-5-144 to read as follows:
50-5-144. (a) As used in this Code section, the term:
(1) 'Charitable institution' 'Private health or educational institution' means any private, nonprofit tax-exempt person, firm, or corporation providing health or educational services within this state. (2) 'Public corporation' means any public authority or other public corporation created by or pursuant to state law. (b) In addition to any other authority provided by Code Sections 50-5-140 through 505-143, this Code section, and Code Section 50-5-146, the Department of Administrative Services shall be authorized to dispose of surplus property, including surplus property subject to paragraph (7) of Code Section 50-5-51, by the transfer of the property to any private health or educational charitable institution or public corporation through a negotiated sale if the department determines that such sale would be in the best interests of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property. (c) When any surplus property is sold to a private health or educational charitable institution or to a public corporation pursuant to subsection (b) of this Code section, the sale shall be subject to the following conditions: (1) The property shall not be resold by the purchaser within one year after the sale without the written consent of the Department of Administrative Services; and (2) The Department of Administrative Services shall have the right and obligation to supervise the resale of the property at public outcry to the highest responsible bidder if the resale is within one year after the sale and, if the resale price exceeds the original negotiated sales price, the amount of the excess shall be paid to the Department of Administrative Services.
SECTION 4. Said article is further amended by striking Code Section 50-5-146, relating to penalties, in its entirety and inserting a new Code Section 50-5-146 to read as follows:

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50-5-146. Any person official, officer, or employee of the state who causes state property having a value of less than $200.00 to be disposed of in violation of Code Section 50-5-141 or 50-5-142 this article shall be guilty of a misdemeanor. If such property has a value of $200.00 or more, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years.

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Grant of the 25th moved that the Senate agree to the House substitute to SB 592.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Balfour
Y Brown 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
Schaefer Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tarver Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 592.

The following bill was taken up to consider House action thereto:

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SB 95. By Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of the 47th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for administration; to provide for certain records; to provide for filing and service of documents; to provide for applications; to provide for eligibility; to provide for licensing; to provide for refusal and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of violations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Natural Resources, so as to provide that evaluations and reports of licensed soil scientists shall be accepted by the Department of Natural Resources for certain purposes; to define certain terms; to amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to provide that evaluations and reports of licensed soil scientists shall be accepted by county boards of health for certain purposes; to provide for certifications of certain reports by licensed soil scientists and other persons qualified to conduct soil evaluations for on-site sewage management systems; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for certain records; to provide for filing and service of documents; to provide for applications; to provide for eligibility; to provide for licensing; to provide for refusal and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of violations; to require utilization of licensees by government entities; to provide for a legal adviser; to provide for exemptions; to make certain acts unlawful; to provide punishment for violations; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Natural Resources, is amended by adding a new Code section to read as follows:
12-2-10. Any person who is a licensed soil scientist under Chapter 43B of Title 43 may submit evaluations and reports to the department when such are required by the department for purposes of satisfying requirements of this title; specifically erosion, sedimentation and pollution control, underground injection control, and large community subsurface systems. Such reports by a licensed soil scientist shall be accepted by the department for such purposes.
SECTION 2. Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, is amended by striking subsection (d) and inserting in lieu thereof the following:
(d)(1) Any person may register with the department to conduct soil investigations and prepare soil reports of a site within the state for an on-site sewage management system who if such person meets any one of the following criteria:
(A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this subsection; (B) Holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency; (C)(B) Holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43 and is practicing within his or her area of geologic competency; or (D)(C) Is a soil and water conservation technician as defined in subparagraph (A) of paragraph (3) of this subsection employed as such by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2. (2)(A) Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is a licensed soil scientist under Chapter 43B of Title 43 or who is registered with the department under this subsection, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health.
(B) An evaluation shall not be deemed deficient or questionable and shall be accepted by the county board of health if the following certification is printed on the report at least one inch apart from any other text and in type size and boldness

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equal to or greater than any other type size and boldness in the body of the report and signed by a licensed soil scientist or a person registered with the department under this subsection; provided, however, that such certification shall not be required except for purposes of the guaranteed acceptance provided by this subparagraph: 'By affixing my seal and signature, I, (name), certify that I have mapped the soils of the area covered by this report in accordance with National Cooperative Soil Survey Standards of the United States Department of Agriculture Natural Resources Conservation Service. This evaluation has met or exceeded the minimum field standards of the Georgia Department of Human Resources, Division of Public Health, Environmental Health Section. The soils map and its interpretation are my opinions based upon the results of my evaluation. The Environmental Health Section or county health department will make final determinations regarding use of these soils for on-site sewage management systems. I have delivered a copy of this report to the owner of the subject real property and, by this certification, I guarantee to such owner and his or her successors in interest for a period of three years from the date of this certification that an on-site sewage management system installed in accordance with the recommendations of this report will not malfunction due to soil conditions during such period; provided, however, that if the soils are altered after this report date or the soils are not used as recommended, I will not be responsible for malfunctions arising from such soils issues.
___________________________ Name _________________________________ Address' (3) As used in this subsection, the term: (A) 'Soil and water conservation technician' means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2. (B) 'Soil classifier' means a person who: (i) Holds at least a bachelor of science degree from an accredited college or university with a major in soil science or a related field of science. This degree shall include 30 semester credit hours or equivalent quarter credit hours in the biological, physical, chemical, and earth sciences with a minimum of 15 semester credit hours or equivalent quarter hours in soil science courses meeting the following distribution: (I) A minimum of one course in soil classification, morphology, genesis, and mapping; and (II) The remaining soil science credits must be in at least three of the following eight categories: introductory soil science; soil fertility; soil microbiology; soil chemistry; soil physics; soil management, soils and land use, or soils and the environment; soil mineralogy; or a three credit maximum in independent study,

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geology, or hydrology; and (ii) Has at least four years of verifiable full-time or equivalent part-time experience under the supervision of a soil classifier who has met the education and experience requirements provided in this subparagraph. Such experience must be obtained after meeting all educational requirements defined in this subparagraph and must have been spent actively mapping, identifying, and classifying soil features and interpreting the influence of soil features on soil uses including, but not limited to, conducting soil investigations for determining the suitability of sites for on-site sewage management systems as approved by the departments soil classifiers advisory committee; and (iii) Has successfully passed a written examination pertaining to site investigations for on-site sewage management systems administered or approved by the department.
SECTION 3. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows:
CHAPTER 43B
43-43B-1. This chapter shall be known and may be cited as the 'Soil Scientists Licensing Act of 2006.'
43-43B-2. The purpose of this chapter is to protect life, property, health, and public welfare through regulation of the practice of soil science in the state; to define the practice of soil science as a profession by establishing minimum standards of ethical conduct and professional responsibility and by establishing professional education and experience requirements; and to prevent abuses in the practice of soil science by untrained or unprincipled individuals. This action recommends itself through benefits to the people of this state and promotion of the public welfare. These benefits are in the field of soil science as related to on-site disposal of domestic waste water (septic systems), land treatment of various waste waters, byproducts, and residual solids on land, bioremediation, erosion and sedimentation, soil productivity, protection of surface and ground water, identification of wetlands and unique natural resources, and other soil matters of concern to the people of the state.
43-43B-3. As used in this chapter, the term:
(1) 'Board' means the State Licensing Board for Professional Soil Scientists. (2) 'License' means a certificate issued by the board to an individual who satisfies the requirements established for a licensed soil scientist under this chapter and the rules

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and regulations adopted pursuant to this chapter. (3) 'Licensed soil scientist' means a person who is licensed as a soil scientist under this chapter. (4) 'Public practice of soil science' means any service or work, the adequate performance of which requires education in the physical, chemical, and biological sciences, as well as soil science; training and experience in the application of special knowledge of these sciences to the use and management of soils by accepted principles and methods; investigation, evaluation, and consultation in the use and management of soils; and in which the performance is related to the public welfare by safeguarding life, health, property, and the environment. The term includes, but is not limited to, investigating and evaluating the interaction between water, soil, nutrients, plants, and other living organisms that are used to prepare soil scientists reports for subsurface ground absorption systems, including infiltration galleries; land application of residuals such as sludge, septage, and other wastes; spray irrigation of waste water; soil remediation at conventional rates; land application of agricultural products and processing residues; bioremediation and volatilization; soil erodibility and sedimentation; and identification of hydric soil and redoximorphic features. (5) 'Responsible charge of work' means the independent control and direction, by the use of initiative, skill, and independent judgment, of soil science work or the supervision of such work. (6) 'Soil' means the unconsolidated mineral or organic matter on the surface of the earth that has been subjected to and influenced by genetic and environmental factors of parent material, climate (including water and temperature effects), microorganisms, and topography, all acting over time and producing a product that differs from the material from which it is derived in many physical, chemical, biological, and morphological properties and characteristics. (7) 'Soil science' means the science dealing with soils as an environmental resource. Soil science includes soil characterization, classification, and mapping; the physical, chemical, hydrologic, mineralogical, biological, and microbiological analysis of soil; and the assessment, analysis, modeling, testing, evaluation, and use of soil for the benefit of mankind. Soil science does not include design or creative works, the adequate performance of which requires extensive geological, engineering, land surveying, forestry, or landscape architecture education, training, and experience or requires registration as a geologist under Chapter 19 of this title, professional engineer or land surveyor under Chapter 15 of this title, or forester under Part 2 of Article 1 of Chapter 6 of Title 12 or licensing as a landscape architect under Chapter 23 of this title. (8) 'Soil scientist-in-training' means a person who has passed the examination and satisfied all other requirements for licensure under this chapter except for the professional work experience requirement. (9) 'Subordinate' means any person who assists a licensed soil scientist in the practice of soil science without assuming the responsible charge of work.

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43-43B-4. This chapter does not apply to the following individuals:
(1) An officer or employee of: (A) The federal government; (B) The state government; or (C) Any local government
while such officer or employee is providing soil science services for the officers or employees employer; (2) An individual engaged solely in soil science research or the instruction of soil science; (3) An individual not engaged in the public practice of soil science; (4) A professional engineer registered under Chapter 15 of this title who applies soil science to the practice of engineering; (5) A professional geologist registered under Chapter 19 of this title who applies soil science to the practice of geology; (6) A professional forester registered under Part 2 of Article 1 of Chapter 6 of Title 12 who applies soil science to the practice of forestry; (7) A person who is a certified professional in erosion and sediment control (CPESC) or soil conservationist who uses soil science in making land use decisions for the conservation of soil and water resources; (8) A professional wetlands specialist who applies soil science to make wetland delineations or determinations; (9) A person who conducts soil sampling solely for the purpose of determining plant nutrient and lime application rates for gardening and agricultural purposes; or (10) A soil and water conservation technician registered with the Department of Human Resources under subsection (d) of Code Section 31-3-5 when applying soil science for purposes of said subsection.
43-43B-5. (a) The State Licensing Board for Professional Soil Scientists is created, whose duty it shall be to administer this chapter. The board shall be composed of:
(1) Five members who shall be eligible for licensure under this chapter and who on and after July 1 of the year following the effective date of this chapter shall be soil scientists licensed under this chapter, one of whom shall be an academic soil scientist, one a governmental soil scientist, one a salaried company soil scientist, one an independent or consultant soil scientist, and one a soil scientist at large; (2) A sixth member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of professional soil science; and (3) The commissioner of human resources, ex officio, or his or her designated agent. (b) The members of the board provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor, subject to approval as to qualifications by the Secretary of State and confirmation by the Senate, for terms of five years and until their successors are appointed and qualified. On the expiration of

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the term of any member, the members successor shall be appointed in the same manner as regular appointments. (c) Each member of the board shall be a citizen of the United States and a resident of the State of Georgia. (d) No person shall serve as a member of the board for more than two consecutive terms. (e) The Governor may remove any member of the board pursuant to the authority of Code Section 43-1-17. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in this chapter. (f) The members of the board shall, before entering upon the discharge of their duty, subscribe to and file with the office of the Governor the required oath of office, whereupon the Governor shall issue to each appointee a certificate of appointment. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-43B-6. (a) In addition to other powers and duties specified in this chapter, the board shall:
(1) Promulgate, adopt, amend, and repeal all rules and regulations necessary for its government and for carrying this chapter into effect for the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (2) Adopt and have an official seal; (3) Elect from its membership a chairperson, a vice chairperson, and any other officers deemed necessary who shall hold office for a term of one year; (4) Issue, renew, refuse to renew, deny, suspend, revoke, and reinstate licenses or otherwise discipline licensees under this chapter; (5) Initiate investigations for the purpose of discovering violations of this chapter; (6) Hold hearings on all matters properly brought before the board and, in conjunction therewith, to administer oaths, receive evidence, make necessary findings, and enter orders consistent with the findings. The board may designate one or more of its members as its hearing officer; (7) Adopt a code of professional conduct; (8) Establish and receive fees as required by this chapter; (9) Examine and determine the qualifications and fitness of applicants for licenses to practice soil science in this state; (10) Bring proceedings in the courts for the enforcement of this chapter or any rules or regulations promulgated pursuant to this chapter; (11) Establish reasonable standards for continuing professional education for soil scientists; provided, however, that no examination shall be required for a renewal of a license; and (12) Have such other powers and duties as are necessary to effectuate the purposes of this chapter.

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(b) The board shall be assigned to the office of the Secretary of State for administrative purposes, shall operate under the jurisdiction of the division director, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable.
43-43B-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office.
43-43B-8. An application for licensing as a soil scientist shall be made under oath and shall show the applicants education and a detailed summary of the applicants professional work experience as a soil scientist. The application shall be accompanied by an application fee fixed by the board.
43-43B-9. (a) To be eligible for a license as a soil scientist in this state, an applicant shall meet each of the following minimum qualifications:
(1) Be of good ethical character; (2) Hold at least a bachelors degree in science from an accredited college or university with a major in soil science or a related field of science. Such degree shall include a minimum of 30 semester hours or equivalent quarter credit hours in agricultural, biological, chemical, physical, or earth sciences, with a minimum of 15 semester credit hours or equivalent quarter credit hours in soil science courses; (3) Have at least four years of professional work experience as a soil scientist under the supervision of a licensed soil scientist or a soil scientist who is eligible for licensure under this chapter. An applicant may substitute an advanced degree in soil science for a portion of the professional work experience requirement. The board, in its discretion, may allow an applicant to substitute a masters degree in soil science for one year of professional work experience and to substitute a doctoral degree in soil science for two years of professional work experience. The board, in its discretion, may allow an applicant to substitute experience gained through teaching upper-level soil science courses at the college or university level or research in soil science for all or any portion of the professional work experience requirement if the board finds the teaching or research to be equivalent to the responsible charge of work by a soil scientist; and (4) Successfully pass such examinations as are established by the board and which are designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of soil science. (b) The board shall designate an applicant who meets all the requirements for a license under this chapter except the professional work experience requirement as a soil scientist-in-training. A soil scientist-in-training may apply for a license upon

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completion of the professional work experience requirement. (c)(1) The board shall waive examination requirements for licensing for an individual who, on the effective date of this chapter, is certified as a soil scientist or soil classifier by: (A) The American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCP ACS); or (B) The Department of Human Resources. (2) Examinations shall be held at least annually. (3) The board shall determine the fee for and the scope, form, and content of the examinations provided for under this chapter.
(d) A person holding a license to engage in the practice of soil science on the basis of comparable licensing requirements issued to him or her by a proper authority of another state, territory, or possession of the United States or the District of Columbia and who, in the opinion of the board, otherwise meets the requirements of this chapter based on verified evidence may be licensed upon application without further examination.
43-43B-10. (a) The board shall issue a license, upon payment of the license fee set by the board, to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter. (b) All licenses shall be renewable biennially at such time as may be designated by the board. All applications for renewal shall be filed with the board prior to the expiration date, accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may only be reinstated after application and payment of the prescribed reinstatement fee within six months of the expiration date, provided that the applicant meets such requirements as the board may establish by rule. (c) A new license to replace any license that is lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee set by the board. 43-43B-11. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke or suspend the license of a person licensed by the board or to otherwise discipline a person licensed by the board the same as provided in Code Section 43-1-19 for professional licensing boards. (b) The action by the board in granting or refusing to grant or renew a license under this chapter or in revoking or suspending or in refusing to revoke or suspend such a license may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county of domicile of the board; provided, however, that if the findings of the board are supported by any evidence, such findings shall be accepted by the court.
43-43B-12. Each licensee under this chapter may use a seal of such design as is authorized by the board, bearing the licensees name and the legend 'Licensed Professional Soil Scientist.'

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All drawings, reports, or other papers or documents involving the practice of soil science, as defined in this chapter, which shall have been prepared or approved by a licensed soil scientist or a subordinate employee under his or her direction for the use of or for delivery to any person or for public record within this state shall be signed by him or her and impressed with the seal provided for in this Code section or the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them.
43-43B-13. The board shall keep a record and shall publish annually a roster showing the names, places of business, and residence addresses of all soil scientists licensed under this chapter. Copies of such roster shall be made available to the public upon request and payment of a reasonable fee, established by the board, for copying.
43-43B-14. The board shall prepare and adopt by rule a code of professional conduct that shall be made known in writing to every licensee and applicant for licensing under this chapter and shall be published by the board. Publication of the code of professional conduct shall be due notice to all licensees of its contents. The board may revise and amend such code of professional conduct. Prior to adoption of any revision or amendments, all licensed members and the public shall receive due notice and an opportunity to be heard.
43-43B-15. Any person may file written charges of violations of this chapter or any rules adopted pursuant to this chapter with the board against any licensee. Any charges or allegations shall be in writing, shall be sworn to by the person making them, and shall be filed with the board. The board shall investigate reasonably all valid complaints.
43-43B-16. On and after January 1 of the year following the effective date of this chapter, this state and its political subdivisions, such as a county, a municipality, or a legally constituted board, district, commission, or authority, shall contract for soil science services only with persons licensed under this chapter, a firm employing a licensed soil scientist, persons registered as professional engineers practicing in their area of engineering competency, or persons registered as professional geologists practicing in their area of geologic competency.
43-43B-17. (a) This chapter shall not prohibit one or more soil scientists from practicing through the medium of a sole proprietorship, partnership, limited liability company, or corporation. In a partnership, limited liability company, or corporation whose primary activity consists of soil science services, at least one partner, member, or officer shall

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be a licensed soil scientist. (b) This chapter shall not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of soil science from employing a unlicensed soil scientist to perform nonpublic soil science services necessary to the conduct of its business. (c) This chapter shall not be construed to prevent or to affect:
(1) The practice of any profession or trade for which a license is required under any other provision of this Code; (2) The practice of registered professional engineers from lawfully practicing soils mechanics, foundation engineering, and other professional engineering as provided in this title; or (3) The practice of a person who is not a resident of and has no established place of business in this state or who has recently become a resident hereof practicing or offering to practice the profession of soil science herein for more than 30 days in any calendar year if the person shall have filed with the board an application for a license and shall have paid the fee required by this chapter. Such practice shall continue only for such time as the board requires for the consideration of the applicant for licensing.
43-43B-18. (a) Except for persons registered as professional engineers or professional geologists who are practicing soil science within their areas of engineering or geologic competency, it:
(1) Shall be unlawful for any person other than a licensed soil scientist or a subordinate under the soil scientists direction and not otherwise exempt under this chapter to conduct or participate in any practice of soil science or prepare any soil science reports, maps, or documents related to the public welfare or the safeguarding of life, health, property, or the environment; (2) Shall be unlawful for any person, including a soil scientist-in-training or a subordinate, to practice, or offer to practice, soil science in this state or to use in connection with his or her name, otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed soil scientist unless that person has been duly licensed or is exempted under the provisions of this chapter; and (3) Shall be unlawful for anyone other than a licensed soil scientist to stamp or seal any soils related plans, maps, reports, or other soils related documents with the seal or stamp of a licensed soil scientist or use in any manner the title 'soil scientist' unless that person is licensed under this chapter. (b) It shall be unlawful for any person to affix his or her signature to, stamp, or seal any soils related plans, maps, reports, or other soils related documents after the license of the person has expired or been suspended or revoked. (c) It shall be unlawful for a licensed soil scientist to prepare plats and maps so as to engage in the practice of land surveying as defined in Code Section 43-15-2 unless the licensed soil scientist is also a registered land surveyor under Chapter 15 of this title.

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(d) It shall be unlawful for a licensed soil scientist to engage in the design of engineering works and systems unless the licensed soil scientist is also a registered professional engineer under Chapter 15 of this title. (e) It shall be unlawful for a licensed soil scientist to engage in the practice of geology unless the licensed soil scientist is also a registered geologist under Chapter 19 of this title. (f) Paragraphs (1) and (2) of subsection (a) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter.

43-43B-19. (a) A person who:
(1) Willfully practices soil science or offers to practice soil science for any other person in this state without being licensed and who is not otherwise exempt in accordance with the provisions of this chapter; (2) Presents or attempts to use as his or her own the license or the seal of any other soil scientist; (3) Gives any false or forged evidence in the course of applying for a license under this chapter; (4) Impersonates a licensed soil scientist; (5) Practices or attempts to practice at any time while his or her license is suspended or revoked; or (6) Commits any other act made unlawful by this chapter shall be guilty of a misdemeanor. (b) Paragraph (1) of subsection (a) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter.

SECTION 4. This Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to the full funding of this Act in an appropriations Act enacted by the General Assembly.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Harp of the 29th moved that the Senate agree to the House substitute to SB 95.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Y Starr Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance N Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp
Heath Y Henson

Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Tarver Y Tate
Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman Y Weber
Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 95.

Senator Schaefer of the 50th asked unanimous consent that Senator Pearson of the 51st be excused. The consent was granted, and Senator Pearson was excused.

Senator Powell of the 23rd asked unanimous consent that Senator Tarver of the 22nd be excused. The consent was granted, and Senator Tarver was excused.

The following bill was taken up to consider House action thereto:

SB 381. By Senators Harp of the 29th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the

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public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, is amended by inserting immediately following Code Section 50-311 a new Code section to read as follows:
50-3-12. (a) The purpose of this Code section is to recognize and honor those brave men and women who have dedicated their lives to the public safety of the citizens of this state and, in devoted service thereto, contributed to the safety, security, and individual freedom of the citizens of the State of Georgia. To carry out this purpose, the Secretary of State shall, if requested, from funds made available for such purpose, furnish, without cost, a state flag to honor the service of a deceased qualifying public safety officer, which state flag may be displayed in the funeral service of the deceased public safety officer and thereafter given to the officers estate. (b) For purposes of this Code section, a 'qualifying public safety officer' is a peace officer, as defined in Code Section 35-8-2, sheriff, or firefighter, emergency medical technician, or emergency rescue specialist, as each is defined in Code Section 45-9-81, or member of the Georgia National Guard. In addition, 'qualifying public safety officer' is an officer killed in the line of duty or an officer who has served as a qualifying public safety officer for a period of not less than five years. A person committing or convicted of a felony or crime of moral turpitude or whose certification or license to practice as a public safety officer is revoked or terminated shall not be considered a 'qualifying public safety officer.' (c) It shall be the duty of any state or local agency with knowledge of the death of a qualifying public safety officer who is an employee of such agency or who retired from such agency to notify the Secretary of States office for the purpose of providing a state flag to the deceaseds estate. Any advocacy group representing the deceased or the deceaseds department may also contact the Secretary of State on behalf of a deceased qualifying public safety officer. (d) The Secretary of State is authorized to administer the recognition program set forth in this Code section and to provide rules and regulations and enter into contracts necessary for the administration of the provisions and the purposes set forth in the Code section.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to the death of a qualifying of public safety officer occurring on or after January 1, 2006.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Harp of the 29th moved that the Senate agree to the House substitute to SB 381.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
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
Me V Bremen Y Miles Y Moody Y Mullis E Pearson Y Powell Y Reed Y Rogers
Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver
Tate Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 381.

The following bill was taken up to consider the Conference Committee Report thereto:

HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The Conference Committee Report was as follows:

The Committee of Conference on HB 1032 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1032 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Seabaugh of the 28th /s/ Senator Wiles of the 37th /s/ Senator Rogers of the 21st

/s/ Representative Lunsford of the 110th /s/ Representative Ralston of the 7th /s/ Representative Fleming of the 117th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1032

A BILL TO BE ENTITLED AN ACT

To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide that any person who is prohibited from possessing firearms pursuant to federal law may not be issued such a permit; to provide for a background check using the Federal Bureau of Investigations National Instant Criminal Background Check System for permit issuances and renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, is amended by striking in their entirety subsections (a) through (d) and inserting in lieu thereof the following:
(a) Application for license or renewal license; term. The judge of the probate court of
each county may, on application under oath and on payment of a fee of $15.00, issue a license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which license or renewal license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that persons county

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of residence or state of domicile. Applicants shall submit the application for a license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to:
(1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 1611-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human

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Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license; or
(5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term:
(i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71.; or (6) Any person not lawfully present in the United States. (c) Fingerprinting. (1) Following completion of the application for a license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then make two sets of classifiable capture the fingerprints of the applicant for a license or renewal license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (2) In the case of each applicant who is applying for a license under this Code section for the first time, the judge of the probate court shall direct the law enforcement agency to transmit one set of the applicants fingerprints to the Georgia Crime Information Center for a search of the Federal Bureau of Investigation records and an appropriate report. In such cases, the applicant shall submit an additional fee in an amount established by the Georgia Bureau of Investigation but not to exceed $30.00 for a search of records of the Federal Bureau of Investigation and an appropriate report, payable in such form as the judge may direct, to cover the cost of the records search. (3) Applications for renewal of licenses issued under this Code section shall be made to the judge of the probate court of the county in which the applicant is domiciled or,

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if the applicant is a member of the United States armed forces, the county in which he or she resides or in which the military reservation on which the applicant resides is located in whole or in part at the time of making the renewal application. In the case of an applicant for a renewal of a license, the judge of the probate court may, in his or her discretion, direct that the local county law enforcement agency request a search of the criminal history file and wanted persons file of the Georgia Crime Information Center by computer access from that county in lieu of transmitting the application and forms. (d) Investigation of applicant; issuance of license; renewal. Each law enforcement agency, upon receiving such applications and obtaining such fingerprints, shall promptly conduct a thorough search of its records and records to which it has access and (1) For both license applications and requests for license renewals, the judge of the probate court shall direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both license applications and requests for license renewals, the judge of the probate court shall also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigations National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license or renewal license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good

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moral character, and has complied with all the requirements contained in this Code section.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Seabaugh of the 28th moved that the Senate adopt the Conference Committee Report on HB 1032.

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
Carter Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 48, nays 5; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1032.

The following resolution was taken up to consider House action thereto:

SR 1028. By Senator Thompson of the 33rd:

A RESOLUTION honoring the life of Dr. Luke Glenn Garrett, Jr., and dedicating the Dr. Luke Glenn Garrett, Jr. Memorial Highway in his memory; and for other purposes.

The House substitute was as follows:

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A RESOLUTION
To dedicate certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Dr. Luke Glenn Garrett, Jr., was born in Austell, Georgia, on New Year's Day in 1917; and
WHEREAS, after graduating from Emory University School of Medicine, he followed in the footsteps of his father and grandfather by attending to the medical needs of the citizens of Austell and the surrounding area; and
WHEREAS, while a student at Emory, he met Gladys Elliott, a young nurse from Henry County, and they fell in love and were married in June of 1941; and
WHEREAS, shortly after the marriage, Dr. Garrett served with the United States infantry in Europe during World War II, earning several decorations, including a Bronze Star for bravery while saving the life of a young soldier; and
WHEREAS, he returned to Austell after the war and joined his father's medical practice and was thereafter elected mayor, serving from 1948 through 1950 and 1958 through 1965; and
WHEREAS, he was a member of several civic organizations and served as president of the Austell Rotary Club, South Cobb High School PTA, and the Cobb Association of Retarded Citizens; and
WHEREAS, Dr. Garrett served with dedication at two area hospitals, Cobb General and Atlanta West, and it was due to his diligence and commitment that Atlanta West Hospital remained open to serve the South Cobb community; and
WHEREAS, he was a loving husband and father of three, Luke Glenn Garrett III of Austell, Patricia A. Wilder of Lithia Springs, and Glenna Lucille Garrett of Columbia, South Carolina; and
WHEREAS, Dr. Garrett was widely known as a humanitarian who cared more about his patients than his fees and as a person who treated everyone equally and with great respect; and
WHEREAS, Dr. Luke Glenn Garrett, Jr., was a legend that has left us with an example of a life well lived in public and private service and it is only fitting that a highway should be named in his honor.

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PART II WHEREAS, James M. Cannon, Sr., served with dedication on the City Council of Leesburg, Georgia, for many years; and
WHEREAS, he was a member of the Board of Directors of First State Bank of Leesburg; and
WHEREAS, he was a sheriff's deputy for many years when he was a younger man in Lee County, Georgia; and
WHEREAS, James M. Cannon, Sr., owned and operated a service station in the City of Leesburg for many years; and
WHEREAS, his family owned and operated a peanut mill in Leesburg for many years; and
WHEREAS, he was raised in Leesburg and lived in Leesburg his entire life; and
WHEREAS, the current U.S. Highway 19 Bypass is constructed on a portion of James M. Cannon, Sr.'s, father's farm; and
WHEREAS, James M. Cannon, Sr., was a dedicated family man, church man, councilman, businessman, and friend to the City of Leesburg and it is only fitting that the U.S. Highway 19 Bypass be named in his memory.
PART III WHEREAS, Houston County is the host county to Robins Air Force Base and has a long and close relationship with and deep interest in the base's existence and expansion to become a key installation for the United States Air Force and Department of Defense; and
WHEREAS, Robins Air Force Base not only attracts military and civilian workers to our county and area to live, but also over 16,708 veterans, with over 1,200 having served in World War II; and
WHEREAS, statistics show at least 1,800 World War II veterans die each day, causing our nation to lose living heroes and members of what has been referred to as The Greatest Generation on a daily basis; and
WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world.

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PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 6 Spur, formerly known as Westside Drive, fronting the Norfolk Southern rail facility, in Cobb County, is dedicated as the Dr. Luke Glenn Garrett, Jr. Memorial Highway.
BE IT FURTHER RESOLVED that the Leesburg U.S. Highway 19 Bypass is dedicated as the James M. Cannon, Sr. Memorial Bypass.
BE IT FURTHER RESOLVED that the portion of Georgia Highway 96 in Houston County is dedicated as the Veterans Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of Dr. Luke Glenn Garrett, Jr., and to the family of James M. Cannon, Sr.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SR 1028.
On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle
Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 1028.

The following bill was taken up to consider House action thereto:

SB 44. By Senator Hamrick of the 30th:

A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for probation services for persons convicted of misdemeanors provided by local governments or private corporations, enterprises, and entities; to provide standards for agreements regarding probation services provided by counties, municipalities, or consolidated governments; to provide standards for probation officers employed by counties, municipalities, or consolidated governments; to provide for definitions; to provide for rules and regulations; to change provisions relating to criminal record checks of probation officers; to provide for exceptions; to provide for reports; to prohibit certain activities by probation officers, probation employees, and other employees of counties, municipalities, and consolidated governments; to provide for confidentiality of certain records; to provide for registration; to remove a requirement for general liability insurance for private corporations, enterprises, and entities providing probation services; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, is amended by adding a new subsection (i) to read as follows:
(i) The board shall have the authority to request bids and proposals and to enter into contracts for the operation of probation detention centers by private companies and entities for the confinement of probationers under Code Section 42-8-35.4 and probation diversion centers for the confinement of probationers under Code Section 428-35.5. The board shall have the authority to adopt, establish, and promulgate rules and regulations for the operation of probation detention and probation diversion centers by private companies and entities.
SECTION 2. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking Article 6, relating to agreements for probation services, and inserting in lieu thereof the following:
ARTICLE 6
42-8-100. (a) As used in this article, the term:
(1) 'Council' means the County and Municipal Probation Advisory Council created under Code Section 42-8-101. (2) 'Private probation officer' means a probation officer employed by a private corporation, private enterprise, private agency, or other private entity that provides probation services. (3) 'Probation officer' means a person employed to supervise defendants placed on probation by a county or municipal court for committing an ordinance violation or misdemeanor. (b) Any county or municipal court which has original jurisdiction of ordinance violations or misdemeanors and in which the defendant in such a case has been found guilty upon verdict or any plea or has been sentenced upon a plea of nolo contendere, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (b)(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in an unlawful course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of a probation supervisor officer for the duration of such probation, subject to the provisions of this Code section.

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The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant. (c)(d) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to probation. (d)(e) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence at any time during the period of time originally prescribed for the probated sentence to run. (e)(f) If a defendant is placed on probation pursuant to this Code section by a county or municipal court other than one for the county or municipality in which he or she resides for committing any ordinance violation or misdemeanor, such defendant may, when specifically ordered by the court, have his or her probation supervision transferred to the county or municipality in which he or she resides.
(f)(g)(1) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection entered into on or after July 1, 2001, shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. The termination of a contract for probation services as provided for in this subsection in existence on July 1, 2001, and which contains no provisions relating to termination of such contract shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that court and placed on probation in the county. (g)(h)(1) The judge of the municipal court of any municipality or consolidated

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government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation.
42-8-101. (a) There is created the County and Municipal Probation Advisory Council, to be composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner appointed by the Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such

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council shall promulgate rules and regulations regarding contracts or agreements for the provision of probation services and the conduct of business by private entities providing probation services and county, municipal, or consolidated governments establishing probation systems as authorized by this article. (b) The business of the council shall be conducted in the following manner:
(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members; (3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only in accordance with Code Section 50-4-3. The funds necessary to carry out the provisions of this article shall come from funds appropriated to the Administrative Office of the Courts or otherwise available to the council. The council is authorized to accept and use grants of funds for the purpose of carrying out the provisions of this article. (e) The council shall have the following powers and duties: (1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control; (2) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 and submit a report with its recommendations to the General Assembly; (3) To promulgate rules and regulations to implement those uniform professional standards for probation officers employed by a governing authority of a county, municipality, or consolidated government that has established probation services and uniform agreement standards for the establishment of probation services by a county, municipality, or consolidated government established in Code Section 42-8-102;

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(4) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996; (5) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers employed by a county, municipality, or consolidated government that has established probation services and for 20 hours per annum of continuing education for such probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March 1, 2006; (4)(6) To promulgate rules and regulations relative to the enforcement of compliance with the provisions of this article, which and enforcement mechanisms that may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts or agreements; (5)(7) To promulgate rules and regulations establishing registration for any private corporation, private enterprise, or private agency, county, municipality, or consolidated government providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; (6)(8) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts; and (7)(9) To promulgate rules and regulations requiring criminal record checks of private probation officers registered under this Code section and establishing procedures for such criminal record checks. Such rules and regulations shall require a private probation entity to conduct a criminal history records check, as provided in Code Section 35-3-34, for all private probation officers employed by that entity; and to certify the results of such criminal history records check to the council, in such detail as the council may require. Notwithstanding Code Section 35-3-38 or any other provision of law, a private probation entity shall, upon request, communicate criminal history record information on a private probation officer to the The Administrative Office of the Courts and the County and Municipal Probation Advisory Council on behalf of the council shall conduct a criminal records check for probation officers as provided in Code Section 35-3-34. No applicant shall be registered who has previously been convicted of a felony. The council shall promulgate rules and regulations regarding registration requirements, including restrictions regarding misdemeanor convictions. An agency or private entity shall also be authorized to conduct a criminal history background check of a person employed as a probation

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officer or an applicant for a probation officer position. The criminal history check may be conducted in accordance with Code Section 35-3-34 and may be based upon the submission of fingerprints of the person whose records are requested. The Georgia Bureau of Investigation shall submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the requesting entity or agency. (f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January 1, 1996.
42-8-102. (a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer or probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer or probation officer and must have completed a standard two-year college course or have four years of law enforcement experience; provided, however, that any person who is currently employed as a private probation officer as of July 1, 1996, and who has had at least six months of experience as a private probation officer or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006, shall be exempt from such college requirements. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council council, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006. In no event shall any person convicted of a felony be employed as a private probation officer or utilize the title of private probation officer. (b) The uniform contract standards contained in this Code section subsection shall apply to all private probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum:
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section; (3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the County and Municipal Probation Advisory Council council;

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(4) Policies and procedures for the training of staff that comply with rules and regulations promulgated by the council; (5) Bonding of staff and liability insurance coverage; (6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (7) Procedures for handling the collection of all court ordered fines, fees, and restitution; (8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9) Circumstances under which revocation of an offenders probation may be recommended; (10) Reporting and record-keeping requirements; and (11) Default and contract termination procedures. (c) The uniform contract standards contained in this subsection shall apply to all counties, municipalities, and consolidated governments that enter into agreements with a judge to provide probation services under the authority of Code Section 42-8-100. The terms of any such agreement shall state at a minimum: (1) The extent of the services to be rendered by the local governing authority providing probation services; (2) Any requirements for staff qualifications, to include those contained in this Code section; (3) Requirements for criminal record checks of staff in compliance with the rules and regulations established by the council; (4) Policies and procedures for the training of staff that comply with the rules and regulations established by the council; (5) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (6) Procedures for handling the collection of all court ordered fines, fees, and restitution; (7) Circumstances under which revocation of an offenders probation may be recommended; (8) Reporting and record-keeping requirements; and (9) Default and agreement termination procedures. (d) The County and Municipal Probation Advisory Council council shall review the uniform professional standards and uniform contract and agreement standards contained in subsections (a), and (b), and (c) of this Code section and shall submit a report on its findings to the General Assembly. The council shall submit its initial report on or before July 1, 1997 January 1, 2007, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the General Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise these standards. This subsection shall not be interpreted to

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prevent the council from making recommendations to the General Assembly prior to its required review and report.
42-8-103. (a) Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality or consolidated government entering into an agreement under the provisions of this article shall provide to the judge with whom the contract or agreement was made and the County and Municipal Probation Advisory Council council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency under supervision; the amount of fines, statutory surcharges, and restitution collected; and the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination,; and the number of warrants issued during the quarter, in such detail as the council may require. (b) All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, or the County and Municipal Probation Advisory Council council or its designee.
42-8-104. (a) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision.
(c)(1) No private corporation, private enterprise, or private 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 Driver Services. (2) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.

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42-8-105. The provisions of this article shall not affect the ability of local governments to enter into intergovernmental agreements for probation services. (a) No county, municipality, or consolidated government probation officer or other probation office employee shall engage in any other employment, business, or activity which interferes or conflicts with the officers or employees duties and responsibilities under agreements authorized in this article. (b) No county, municipality, or consolidated government probation officer or other probation office employee shall have personal or business dealings, including the lending of money, with probationers under the supervision of such probation office.
(c)(1) No county, municipality, or consolidated government probation officer or other probation office employee 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 Driver Services. (2) No county, municipality, or consolidated government that provides probation services through agreement under the provisions of this article nor any employees of such shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.
42-8-106. (a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, private enterprise, or private agency contracting under the provisions of this article or by a county, municipality, or consolidated government providing probation services under this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, or the County and Municipal Probation Advisory Council council or its designee. (b) In the event of a transfer of the supervision of a probationer from a private corporation, private enterprise, or private agency or county, municipality, or consolidated government providing probation services under this article to the Department of Corrections, the Department of Corrections shall have access to any relevant reports, files, records, and papers of the transferring private entity. All reports, files, records, and papers of whatever kind relative to the supervision of probationers by private corporations, private enterprises, or private agencies under contracts authorized by this article or by a county, municipality, or consolidated government providing probation services under this article shall not be subject to process of subpoena.

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42-8-107. (a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council council before entering into any contract to provide services. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as the council may require. No registration fee shall be required. (b)(2) Any private corporation, private enterprise, or private agency required to register under the provisions of subsection (a) of this Code section who paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the County and Municipal Probation Advisory Council council. (b)(1) All counties, municipalities, and consolidated governments agreeing or offering to agree to establish a probation system shall register with the council before entering into an agreement with the court to provide services. The information included in such registration shall include the name of the county, municipality, or consolidated government, the principal business address and telephone number, a contact name for communication with the council, and other information in such detail as the council may require. (2) Any county, municipality, or consolidated government required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of existing agreements, in addition to any other sanctions imposed by the council.

42-8-108. (a) The probation providers standards contained in this Code section shall be met by private corporations, private enterprises, or private agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after January 1, 1997 July 1, 2006. Any private corporation, private enterprise, or private agency who which fails to meet the standards established in this Code section subsection on or after January 1, 1997 July 1, 2006, shall not be eligible to provide probation services in this state. All private corporations, private enterprises, or private agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after January 1, 1997 July 1, 2006, shall:
(1) Meet all requirements as outlined in subsection (b) of Code Section 42-8-102, relating to uniform contract standards Maintain no less than $1 million coverage in general liability insurance; (2) Not own or control any finance business or lending institution which makes loans to probationers under its supervision for the payment of probation fees or fines; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the corporation, enterprise, or agency and who shall

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have at least five years experience in corrections, parole, or probation services; provided, however, that the five-year experience requirement shall not apply to any corporation, enterprise, or agency which is currently engaged in the provision of private probation services in this state on April 15, 1996. (b) The standards contained in this subsection shall be met by all counties, municipalities, or consolidated governments entering into written agreements to provide probation services to any court under the authority of Code Section 42-8-100 on or after July 1, 2006. Any county, municipality, or consolidated government which fails to meet the standards established in this subsection on or after July 1, 2006, shall not be eligible to provide probation services. All counties, municipalities, or consolidated governments which enter into written agreements to provide probation services under the authority of Code Section 42-8-100 on or after July 1, 2006, shall: (1) Register with the council; (2) Meet the requirements of subsection (c) of Code Section 42-8-102; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the governing authority who shall have at least five years experience in corrections, parole, or probation services; provided, however, that the five-year experience requirement shall not apply to any such supervisor employed by a county, municipality, or consolidated government which was engaged in the provision of probation services on April 15, 2006.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of promulgating rules and regulations; for all other purposes, this Act shall become effective July 1, 2006.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 44.
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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver

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Y Carter Y Chance N Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 46, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SB 44.

The following bill was taken up to consider the Conference Committee Report thereto:

HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others:
A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.

The Conference Committee Report was as follows:
The Committee of Conference on HB 1059 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1059 be adopted.

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Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hamrick of the 30th /s/ Senator Harp of the 29th /s/ Senator Weber of the 40th

/s/ Representative Keen of the 179th /s/ Representative Ralston of the 7th /s/ Representative Bearden of the 68th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1059

A BILL TO BE ENTITLED AN ACT

To amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and residency requirements for sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to sodomy and aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed by persons of certain ages; to change certain provisions relating to statutory rape; to change certain provisions relating to child molestation and aggravated child molestation; to change certain provisions relating to enticing a child for indecent purposes; to change certain provisions relating to persons convicted of sexual assault against persons in custody; to change certain provisions relating to incest; to change certain provisions relating to sexual battery; to change certain provisions relating to aggravated sexual battery; to change certain restrictions on granting an appeal bond; to allow for judicial discretion for mandatory minimum sentences under certain circumstances; to create a new crime involving withholding information concerning a sexual offender and provide for penalties; to change a provision relating to the fixing of a sentence by a judge; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to add a provision relating to statutory aggravating circumstances for the imposition of the death penalty; to require the Georgia Crime Information Center to collect certain data; to provide that notice of conviction and release of a person who is required to register as a sexual offender shall be made for offenders sentenced directly to probation or who are newly established residents in a county; to permit publication of such notice in the legal organ of the county in which such person resides based on information available; to reorganize and change provisions

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related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to require registered sexual offenders to verify required registration information with the sheriff whenever any changes occur to certain information and verify information at least annually within 72 hours of the sexual offenders birthday; to increase the duration for registration requirement; to provide for a procedure for certain sexual offenders to petition a court to be relieved of registration requirements; to require the sheriff to notify certain people and entities of the presence of sexual offenders in their community; to increase punishment for failure to comply with registration requirements; to change the appointing authority for the Sexual Offender Registration Review Board; to require the Sexual Offender Registration Review Board to classify sexual offenders; to require sexually dangerous predators to wear an electronic monitoring system for the balance of his or her life and to pay for such system; to require sexually dangerous predators to update required registration information twice yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual offenders from loitering in certain locations; to correct cross-references; to change provisions relating to sexual offenders conditions for parole; to change provisions relating to chemical treatment and counseling as a condition of parole for child molesters; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to allow the state and the defendant the right of direct appeal under certain circumstances; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:
(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of

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inadequate space; (2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public; (3) Providing for community and public notification concerning the presence of sexual offenders; (4) Collecting data relative to sexual offenses and sexual offenders; (5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and (6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer. The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offenders presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender.
SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in lieu thereof the following:
(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1)(6) Any ruling on a motion which would be dispositive if granted with respect to

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a defense that the action is barred by Code Section 16-11-184; (6)(7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7)(8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (8)(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (9)(10) All final judgments of child support; and (11) All judgments or orders entered pursuant to subsection (c) of Code Section 1710-6.2.
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 the state, and inserting in lieu thereof the following:
(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; (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; or (9) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2.

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SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following:
16-5-21.
(a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c) through (i) (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
(e)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (f.1)(g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer,

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container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar. (g)(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h)(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i)(j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2.
SECTION 5. Said title is further amended by striking Code Section 16-5-40, relating to kidnapping, and inserting in lieu thereof the following:
16-5-40. (a) A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person convicted of the offense of kidnapping shall be punished by:
(1) Imprisonment imprisonment for not less than ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by if the kidnapping involved a victim who was14 years of age or older; (2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age; (3) Life life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by if the kidnapping was for ransom; or (4) Life life imprisonment or by death if the person kidnapped received bodily injury. (c) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

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SECTION 6. Said title is further amended by striking Code Section 16-5-41, relating to false imprisonment, and inserting in lieu thereof the following:
16-5-41. (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years. (c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 7. Said title is further amended by striking subsection (a) of Code Section 16-5-110, relating to the publication of notices and information required for registered sex offenders, assessment for costs, and certain immunity, and inserting in lieu thereof the following:
(a) When a person who has been convicted of a crime for which that person is required to register under Code Section 42-1-12 makes his or her first report to a sheriff after such persons release from confinement, placement on probation, or upon establishing residency in the county, the sheriff shall cause to be published a notice of conviction and release from confinement of such person. Such notice shall be published in the manner of legal notices in the legal organ of the county in which person resides. Such notice shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest; or a subsequent photograph, the name and address of the convicted person, and; if available, the date, time, place of arrest,; and the disposition of the case. The notice and shall be published at or near the time the person registers with the sheriff at least once, and, at the sheriffs option, may be published more than once, in the legal organ of the appropriate county in the second week following such persons release from confinement or as soon thereafter as publication may be made. The notice shall include the address of the Georgia Bureau of Investigation website for additional information regarding the sexual offender registry.
SECTION 8. Said title is further amended by striking Code Section 16-6-1, relating to rape, and inserting in lieu thereof the following:
16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of:
(1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ

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by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than ten nor more than 20 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
SECTION 9. Said title is further amended by striking Code Section 16-6-2, relating to sodomy and aggravated sodomy, and inserting in lieu thereof the following:
16-6-2. (a)(1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. (2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. (b)(1) Except as provided in subsection (d) of this Code section, a A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than ten nor more than 30 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. (d) If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the

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victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 10. Said title is further amended by striking Code Section 16-6-3, relating to statutory rape, and inserting in lieu thereof the following:
16-6-3. (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is 14 or 15 at least 14 but less than 16 years of age and the person so convicted of statutory rape is 18 years of age or younger and is no more than three four years older than the victim, such person shall be guilty of a misdemeanor.
SECTION 11. Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, and inserting in lieu thereof the following:
16-6-4. (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendants Upon a defendant being incarcerated on a conviction for such a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon Upon a second or

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subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than ten nor more than 30 25 years and not exceeding life imprisonment, followed by probation for life,. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when:
(A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (2) The court sentencing a person who has been convicted of a first offense of aggravated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendants behavior. If it is determined by a qualified mental health professional that such treatment would be effective, the court may require, as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of a law enforcement agency or confined in a jail at the time of sentencing, when he or she becomes eligible for probation, such

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person shall begin medroxyprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined in a jail at the time of sentencing shall be taken into custody or confined until treatment can begin. Additional treatment may continue after such defendants release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has been fully informed of the side effects of hormonal chemical treatment and has consented to the treatment in writing. The administration of the treatment shall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2. (3) Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section and subsection (c) of Code Section 42-9-44.2 in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment or counseling.
SECTION 12. Said title is further amended by striking Code Section 16-6-5, relating to enticing a child for indecent purposes, and inserting in lieu thereof the following:
16-6-5. (a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one ten nor more than 20 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing a child for indecent purposes, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than

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four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 13. Said title is further amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in lieu thereof the following:
16-6-5.1. (a) As used in this Code section, the term:
(1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) 'Sexual contact' means any contact between for the purpose of sexual gratification of the actor and a person not married to the actor involving with the intimate parts of a person not married to the actor either person for the purpose of sexual gratification of the actor. (b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2. (c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is:
(A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actors actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by

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imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one ten nor more than five 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 14. Said title is further amended by striking Code Section 16-6-22, relating to incest, and inserting in lieu thereof the following:
16-6-22. (a) A person commits the offense of incest when he the person engages in sexual intercourse with a person to whom he or she knows he or she is related either by blood or by marriage as follows:
(1) Father and daughter or stepdaughter; (2) Mother and son or stepson; (3) Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and nephew; or (6) Uncle and niece. (b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one ten nor more than 20 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 15. Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following:

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16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
SECTION 16. Said title is further amended by striking Code Section 16-6-22.2, relating to aggravated sexual battery, and inserting in lieu thereof the following:
16-6-22.2. (a) For the purposes of this Code section, the term 'foreign object' means any article or instrument other than the sexual organ of a person. (b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than ten nor more than 20 25 years and not exceeding life imprisonment, followed by probation for life,. Any person convicted under this Code section shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-106.1 and 17-10-7.
SECTION 17. Said title is further amended by inserting a new Code Section 16-6-25 to read as follows:
16-6-25. (a) As used in this Code section, the term 'law enforcement unit' means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections and

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the State Board of Pardons and Paroles. (b) Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12:
(1) Harbors, attempts to harbor, or assists another person in harboring or attempting harbor such sexual offender; (2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or (3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years.
SECTION 18. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (g) of Code Section 17-6-1, relating to where offenses are bailable and appeal bonds, and inserting in lieu thereof the following:
(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
SECTION 19. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following:
(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules

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and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section Sections 17-10-6.1 and 17-10-6.2.
SECTION 20. Said title is further amended by striking Code Section 17-10-6.1, relating to punishment for serious violent offenders, and inserting in lieu thereof the following:
17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means:
(1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-64, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b)(1) Notwithstanding any other provisions of law to the contrary, any person convicted of a the serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Notwithstanding any other provisions of law to the contrary, the sentence of any person convicted of the serious violent felony of:
(A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall, unless sentenced to life imprisonment, be a split sentence which shall include a mandatory minimum term of imprisonment of 25 years, followed by probation for life. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be

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reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony as defined in subsection (a) of this Code section shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state. (c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 14 30 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 30 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court. (d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction.
SECTION 21. Said title is further amended by adding a new Code section to follow Code Section 17-

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10-6.1, relating to punishment for serious violent offenders, to read as follows: 17-10-6.2.
(a) As used in this Code section, the term 'sexual offense' means: (1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21; (2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, unless subject to the provisions of subsection (c) of Code Section 16-6-5; (7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1; (8) Incest, as defined in Code Section 16-6-22; (9) A second or subsequent conviction for sexual battery, as defined in Code Section 16-6-22.1; or (10) Sexual exploitation of children, as defined in Code Section 16-12-100.
(b) Except as provided in subsection (c) of this Code section, and notwithstanding any other provisions of law to the contrary, any person convicted of a sexual offense shall be sentenced to a split sentence which shall include the minimum term of imprisonment specified in the Code section applicable to the offense. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year. No person convicted of a sexual offense shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders.
(c)(1) In the courts discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, provided that:
(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any intentional physical harm during the commission of the offense;

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(E) The offense did not involve the transportation of the victim; and (F) The victim was not physically restrained during the commission of the offense. (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judges reasons. Any such order shall be appealable by the defendant pursuant to Code Section 5-6-34, or by the State of Georgia pursuant to Code Section 5-7-1. (d) If the court imposes a probated sentence, the defendant shall submit to review by the Sexual Offender Registration Review Board for purposes of risk assessment classification within ten days of being sentenced and shall otherwise comply with Article 2 of Chapter 1 of Title 42.
SECTION 22. Said title is further amended in subsection (b) of Code Section 17-10-30, relating to the procedure for implementation of the death penalty generally, by striking "or" at the end of paragraph (9), by adding "; or" at the end of paragraph (10), and by adding a new paragraph (11) to read as follows:
(11) The offense of murder, rape, or kidnapping was committed by a person previously convicted of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery.
SECTION 23. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking subparagraph (A) of paragraph (4) of Code Section 35-3-30, relating to definitions used for the Georgia Crime Information Center article, and inserting in lieu thereof the following:
(A) 'Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system.
SECTION 24. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and inserting in their place a new Article 2 to read as follows:
ARTICLE 2

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42-1-12. (a) As used in this article, the term:
(1) 'Address' means the street or route address of the sexual offenders residence. For purposes of this Code section, the term does not mean a post office box, and homeless does not constitute an address. (2) 'Appropriate official' means:
(A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to a sexual offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; (C) With respect to a sexual offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and (D) With respect to a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee. (3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community swimming pools. (4) 'Assessment criteria' means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense. (5) 'Board' means the Sexual Offender Registration Review Board. (6) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, child care learning centers, preschool facilities, and long-term care facilities for children. (7) 'Church' means a place of public religious worship. (8) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall be subject to the registration requirements of this Code section for the period of time prior to the defendants discharge after completion of his or her sentence or upon the defendant being adjudicated guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section upon the defendants discharge. (9)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of

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the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor.
(B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minors body engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or (xi) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a criminal offense against a victim who is a minor. (10)(A) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2006, means any criminal offense under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a

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victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor. (B) For purposes of this paragraph, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a dangerous sexual offense. (11) 'Institution of higher education' means a private or public community college, state university, state college, or independent postsecondary institution. (12) 'Level I risk assessment classification' means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses. (13) 'Level II risk assessment classification' means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment. (14) 'Minor' means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense. (15) 'Public and community swimming pools' includes municipal, school, hotel, motel, or any pool to which access is granted in exchange for payment of a daily fee. The term includes apartment complex pools, country club pools, or subdivision pools which are open only to residents of the subdivision and their guests. This term does not include a private pool or hot tub serving a single-family dwelling and used only

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by the residents of the dwelling and their guests. (16) 'Required registration information' means:
(A) Name; social security number; age; race; sex; date of birth; height; weight; hair color, eye color, fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property; (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturers serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release. (17) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the boards assessment. (18) 'School' means all public and private kindergarten, elementary, and secondary schools. (19) 'School bus stop' means a school bus stop as designated by local school boards of education or by a private school. (20) 'Sexual offender' means any individual: (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor or a dangerous sexual

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offense. (21) 'Sexually dangerous predator' means a sexual offender:
(A) Who was designated as a sexually violent predator between July 1, 1996, and June 30, 2006; or (B) Who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. (22) 'Vocation' means any full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year. (b) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall: (1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration; (2) Obtain the information necessary for the required registration information; (3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offenders new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours after the change of information; (4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student; (5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered, and that the sexual offender shall also register with a designated law enforcement agency in the new state within 72 hours after establishing residence in the new state; (6) Obtain fingerprints and a current photograph of the sexual offender; (7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained; (8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriffs office of the county in which the sexual offender will reside; and (9) If required by Code Section 42-1-14, place any required electronic monitoring system on the sexually dangerous predator and explain its operation and cost. (c) The Department of Corrections shall: (1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained; (2) Forward any required registration information to the Georgia Bureau of Investigation;

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(3) Forward the sexual offenders fingerprints and photograph to the sheriffs office of the county where the sexual offender is going to reside; (4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 421-14; and (5) Keep all records of sexual offenders in a secure facility until official proof of death of a registered sexual offender and thereafter the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1. (d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until: (1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriffs office in the county where the sexual offender will be residing with the sexual offenders required registration information and risk assessment classification level; and (2) The sexual offenders name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriffs office as required by this Code section. (e) Registration pursuant to this Code section shall be required by any individual who: (1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor; (2) Is convicted on or after July 1, 2006, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense and may be released from prison or placed on parole, supervised release, or probation; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred; (7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or (8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is

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required to register under federal law, military law, tribal law, or the laws of another state or territory. (f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offenders release from prison or placement on parole, supervised release, probation, or entry into this state; (3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides; (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting to the sheriff within 72 hours prior to such offenders birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if the information is the sexual offenders new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to any change of residence address and to the sheriff of the county to which the sexual offender is moving within 72 hours after establishing the new residence; (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration. (g)(1) Any sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this Code section may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements of this Code section. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense. (2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall:
(A) Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2; and (B) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation. (h)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offenders county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of

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entering the data or any change to the data. (2) The Georgia Bureau of Investigation shall:
(A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data; (B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and (C) Perform mail out and verification duties as follows:
(i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification; (ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification; (iii) Mail a nonforwardable verification form to the last reported address of the sexual offender within ten days prior to the sexual offenders birthday; (iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and (v) Maintain records required under this Code section. (i) The sheriffs office in each county shall: (1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offenders name; age; physical description; address; crime of conviction, including conviction date and the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators; (2) Electronically submit and update all information provided by the sexual offender within two working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post a list of every sexual offender residing in each county: (A) In the sheriffs office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two working days; (5) Inform the public of the presence of sexual offenders in each community; (6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be

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delivered, within 72 hours of updating the list of sexual offenders residing in the county, to all schools or institutions of higher education located in the county; (7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information; (8) Retain the verification form stating that the sexual offender still resides at the address last reported; (9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section; (10) Cooperate and communicate with other sheriffs offices in this state and in the United States to maintain current data on the location of sexual offenders; (11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section; (12) If required by Code Section 42-1-14, place any electronic monitoring system on the sexually dangerous predator and explain its operation and cost; (13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriffs jurisdiction; and (14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the general fund. (j)(1) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriffs office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. (2) The sheriffs office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section. (k) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification. (l)(1) On at least an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each school in this state. In addition, the Department of Education shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigations website a list of the names and addresses of all registered sexual offenders. (2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code

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Section 20-1A-10 and to all child care learning centers, day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 on accessing and retrieving from the Georgia Bureau of Investigations website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure, commissioning, or registration for early care and education programs. (3) On at least an annual basis, the Department of Human Resources shall provide current information to all long-term care facilities for children on accessing and retrieving from the Georgia Bureau of Investigations website a list of the names and addresses of all registered sexual offenders. (m) Within ten days of the filing of a defendants discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this title, the clerk of court shall transmit the order of discharge and exoneration to the Georgia Bureau of Investigation and any sheriff maintaining records required under this Code section. (n) Any individual who: (1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within 72 hours of such individuals birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life. (o) The information collected pursuant to this Code section shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; and (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. (p) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. (q) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article.

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42-1-13. (a) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment. The members of the board shall be appointed by the commissioner of human resources for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (b) The board shall be attached to the Department of Human Resources for administrative purposes and, provided there is adequate funding, shall:
(1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (c) Members of the board shall be immune from liability for good faith conduct under this article.
42-1-14. (a) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the boards assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, personal, social, educational, and work history, and may

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agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offenders conviction to the board and notify the board that a sexual offenders evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within:
(1) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (2) Six months prior to the sexual offenders proposed release from confinement if the offender is incarcerated; and (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. The board shall send a copy of its risk assessment classification to the Department of Corrections, sexual offender, and sentencing court, if applicable. (b)(1) If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration

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information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring system that shall have, at a minimum:
(1) The capacity to locate and record the location of a sexually dangerous predator by a link to a global positioning satellite system; (2) The capacity to timely report or record a sexually dangerous predators presence near or within a crime scene or in a prohibited area or the sexually dangerous predators departure from specific geographic locations; and (3) An alarm that is automatically activated and broadcasts the sexually dangerous predators location if the global positioning satellite monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the equipment. Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Corrections if the sexually dangerous predator is on probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The electronic monitoring system shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offenders situation, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information.

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42-1-15. (a) No individual required to register pursuant to Code Section 42-1-12 shall reside or loiter within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points.
(b)(1) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. (2) No individual who is a sexually dangerous predator shall be employed by any business or entity that is located within 1,000 feet of an area where minors congregate. (c) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 166-24 or subsection (d) of Code Section 16-11-24, it shall be unlawful for any individual required to register pursuant to Code Section 42-1-12 to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate. (d) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (e) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12.
SECTION 25. Said title is further amended by striking subsection (b) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following:
(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as that phrase is those terms are defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be:
(1) Prohibited from entering or remaining present at a victims school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in subsection (a) of Code Section 42-1-13 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a Local Board of Education local board of education.

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SECTION 26. Said title is further amended by striking Code Section 42-8-60, relating to probation prior to adjudication of guilt, and inserting in lieu thereof the following:
42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:
(1) Defer further proceeding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law. (b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendants criminal record as such is on file with the Georgia Crime Information Center. (d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty of a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Sexual exploitation of a minor as defined in Code Section 16-12-100; (4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or (5) Computer pornography and child exploitation, as defined in Code Section 16-12100.2.
SECTION 27. Said title is further amended by striking subsections (b) and (c) of Code Section 42-9-39, relating to restrictions on relief for person serving a second life sentence, and inserting new subsections (b) and (c) to read as follows:
(b) Except as otherwise provided in subsection (b) of Code Section 17-10-7, when a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 25 30 years in the penitentiary before being granted a pardon and before becoming eligible for parole. (c) When a person receives consecutive life sentences as the result of offenses occurring in the same series of acts and any one of the life sentences is imposed for the crime of murder, such person shall serve consecutive ten-year 30 year periods for each such sentence, up to a maximum of 30 60 years, before being eligible for parole

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consideration. SECTION 28.
Said title is further amended by striking in its entirety Code Section 42-9-44.1, relating to conditions of parole for sexual offenders, and inserting in lieu thereof the following:
42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense.
(b)(1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to:
(A) The superintendent of the public school district where the offender will reside; and (B) The sheriff of the county wherein the offender will reside. (2) The offender shall provide the notice and information required in paragraph (1) of this subsection within ten days of the release on parole or within ten days of setting up residency in the locale where the offender plans to have his or her domicile. (c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with respect to his or her new residence within ten days after moving during the period of his or her parole. (d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such persons conditions of parole and shall be guilty of a misdemeanor. (e) It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders providing information to the sheriff under this Code section. Such register shall be open to public inspection. (f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offenders satisfactory completion of his or her terms of parole. Reserved.
SECTION 29. Said title is further amended by striking in its entirety Code Section 42-9-44.2, relating to chemical treatment and counseling as a condition of parole for child molesters, and inserting in lieu thereof the following:
42-9-44.2. (a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or

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subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical equivalent. While undergoing such treatment, such person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until such person has consented thereto in writing. (b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendants release on parole until the defendant demonstrates to the board that such treatment is no longer necessary. (c) The provision of treatment required as a condition of parole shall be administered by the State Board of Pardons and Paroles through licensed medical personnel employed by the defendant and approved by the board. Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment. The Department of Corrections shall permit access by such licensed medical personnel for such purpose to any person required to begin the treatment and counseling while confined in a facility of the department. The medical personnel utilized or approved by the board shall be required to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information. Reserved.
SECTION 30. (a) This Act shall become effective July 1, 2006. (b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections. (c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.
SECTION 31. All laws and parts of laws in conflict with this Act are repealed.

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Senator Hamrick of the 30th moved that the Senate adopt the Conference Committee Report on HB 1059.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 52, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1059.

The following bill was taken up to consider House action thereto:

HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th:

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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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.

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Senator Balfour of the 9th asked unanimous consent that the Senate adhere to its disagreement to the House amendment to HB 1157 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Seabaugh of the 28th and Tolleson of the 20th.
The following bill was taken up to consider House action thereto:
HB 1008. By Representative Carter of the 159th:
A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Johnson of the 1st asked unanimous consent that the Senate insist on its amendment to HB 1008.
The consent was granted, and the Senate insisted on its amendment to HB 1008.
The following bill was taken up to consider House action thereto:
HB 1372. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Hudgens of the 47th asked unanimous consent that the Senate adhere to its substitute to HB 1372 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Hudgens of the 47th, Heath of the 31st and Rogers of the 21st.

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The following bill was taken up to consider House action thereto:

HB 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th:

A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes.

The House amendment to the Senate substitute was as follows:

Amend the Senate substitute to HB 1421 by striking all matter on lines 7 through 10 of page 1 and inserting in place thereof the following: capital cases; to correct cross-references; to amend

By striking Section 5.1 in its entirety from lines 17 through 26 of page 4.

Senator Hill of the 32nd moved that the Senate agree to the House amendment to the Senate substitute to HB 1421.

On the motion, a roll call was taken and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer

Y Smith Starr
Y Staton Y Stephens N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S
Tolleson Y Unterman N Weber Y Whitehead Y Wiles

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Y Harp Y Heath N Henson

Y Seabaugh N Seay Y Shafer,D

Williams N Zamarripa

On the motion, the yeas were 31, nays 22; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1421.

Senator Grant of the 25th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.

The following bill was taken up to consider House action thereto:

SB 150. By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others:

A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to prohibit issuance of state bonds for funding; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Community Streetcar Development and Revitalization Act."

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SECTION 2. Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, is amended by adding immediately following Code Section 32-10-75 a new Code Section 32-10-76 to read as follows:
32-10-76.
(a) As used in this Code section, the term: (1) 'Local government authority' and 'state' mean the same as under 49 U.S.C. Section 5302. (2) 'Public-private project initiative' means a local or regional streetcar project which is proposed and advanced by a cooperative entity or sponsor that involves a combined public and private sector financing and development structure which includes not for profit entities. (3) 'Streetcar' includes, but is not limited to, a rail transit vehicle, including a modern, antique, or reproduction vehicle, that is designed to fit the scale and traffic patterns of the neighborhoods through which it travels and operates at lower speeds generally in existing rights of way through mixed traffic, with frequent stops.
(b) The authority shall establish and implement a five-year grant program to provide assistance to local governmental authorities as well as a public-private project initiative for the capital, technical, and start-up costs of development and expansion of streetcar transportation and attendant economic and community development opportunities. The five-year grant program shall begin when funding becomes available for such purposes. The five-year grant program may be renewed at the end of each five-year period, consistent with the provisions of this Code section. (c) The authority will work closely with the formation of a pilot program and will provide a state-level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and publicprivate streetcar projects. (d) The authority shall consider the following factors in its selection of projects that will be implemented by this pilot program:
(1) The project is ripe for development, construction, and operation; (2) The project application demonstrates strong local and private sector financial participation in the project; (3) The project will foster redevelopment opportunities adjacent to the streetcar line for which assistance is being sought; (4) The project includes the financial participation of the private owners of real property abutting the streetcar line, with the exception of owner occupied residential properties, for some of the capital costs of the project; (5) The project application demonstrates that development or redevelopment agreements are in place with respect to the project and land planning policies complimentary to the project have been adopted for land in close proximity to the streetcar line, including the availability of property zoned to accommodate mixed use development adjacent to the streetcar line;

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(6) The project application demonstrates either how redeveloping or new neighborhoods on vacant or underutilized land will be connected by the project to each other or to major attractors in the central city where the project will be carried out or how circulator or connector lines under the project will connect developed neighborhoods with one another or with the business district in the central city; (7) The project has demonstrated desirable levels of local financial and linking resources commitment; and (8) The project may include, and is encouraged to include, a public-private project initiative and organizational structure or sponsor. (e) The authority will coordinate with all appropriate metropolitan, regional, and municipal planning and development agencies where projects may be pursued and will coordinate with the Georgia Regional Transportation Authority and appropriate local transit agencies in the development, funding, and implementation of various streetcar projects. (f) In order to receive grant assistance under this Code section, a sponsor of a project must submit to the authority an application that includes a detailed operating plan for the streetcar line for which such assistance is being sought, including the frequency of service, hours of operation, stop locations, and demonstration of the financial capacity of the sponsor to operate the streetcar line. (g) A project for which grant assistance may be provided under this Code section may include streetscaping, signalization modifications, and other modifications to the road system or other public rights of way on which the project is to be carried out; acquisition of streetcars; and project construction, design, and engineering.
SECTION 3. Said part is further amended by adding immediately following Code Section 32-10-76 a new Code Section 32-10-77 to read as follows:
32-10-77. No funding by issuing bonds, any other state funds, or federal funds administered by the Department of Transportation shall be allowed for streetcar projects by any state entity or authority, including, but not limited to, the Department of Transportation or the State Road and Tollway Authority, or any other subsidiary of the state, without specific prior approval by passage of a general Act by the General Assembly.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. This Act specifically repeals Ga. L. 2004, p. 898, Section 2.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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Senator Zamarripa of the 36th moved that the Senate agree to the House substitute to SB 150.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman

Y Hill,Jack

Y Smith

Y Balfour

Y Hill,Judson

E Starr

Y Brown

Y Hooks

Y Staton

Y Bulloch

Y Hudgens

Y Stephens

Y Butler

Y Johnson

Y Stoner

Y Cagle

Y Jones

Y Tarver

Carter

Y Kemp

Y Tate

Y Chance

Y Me V Bremen

Y Thomas,D

Y Chapman

N Miles

Thomas,R

Y Douglas

Y Moody

Y Thompson,C

Y Fort

Y Mullis

Y Thompson,S

Y Goggans

Y Pearson

Y Tolleson

Y Golden

Y Powell

Y Unterman

Y Grant

Y Reed

Y Weber

Y Hamrick

Y Rogers

Y Whitehead

Y Harbison

Y Schaefer

Y Wiles

E Harp

Y Seabaugh

Williams

Y Heath

Y Seay

Y Zamarripa

Y Henson

Y Shafer,D

On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to

the House substitute to SB 150.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

SB 64.

By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light

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on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Keen of the 179th, Martin of the 47th, Roberts of the 154th.
Senator Chance of the 16th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.
Senator Shafer of the 48th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
The following bill was taken up to consider House action thereto:
SB 562. By Senators Weber of the 40th and Williams of the 19th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for legislative oversight; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end a new chapter to read as follows:

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CHAPTER 16
20-16-1. This chapter shall be known and may be cited as the 'Georgia Higher Education Facilities Authority Act.'
20-16-2. (a) As used in this chapter, the term:
(1) 'Authority' means the Georgia Higher Education Facilities Authority. (2) 'Board of regents' means the Board of Regents of the University System of Georgia. (3) 'Board of technical and adult education' means the State Board of Technical and Adult Education. (4) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this chapter, including refunding bonds. (5) 'Construction' means construction, renovation, improvement, rehabilitation, or restoration. (6) 'Cost of the project' means the cost of construction; the cost of all lands, real properties, personal properties, fixtures, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural, and legal expenses; cost of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, or the placing of it in operation and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under this chapter for such project. (7) 'Project' means facilities of every kind, type, and character deemed by the authority necessary or convenient for the efficient operation of any unit. (8) 'Unit' means any institution, school, academy, university, or experiment station at any particular location which forms a part of the university system or is under the control of the board of technical and adult education. (9) 'University system' means the University System of Georgia. (b) Any project or combination of projects shall be deemed 'self-liquidating,' if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal of and interest on revenue bonds which may be issued for the cost of such project, projects, or combination of projects.

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20-16-3. (a) There is created a body corporate and politic to be known as the Georgia Higher Education Facilities Authority, which shall be deemed to be an instrumentality of this state and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of five members, as follows: three appointees of the Governor, one appointee of the Speaker of the House of Representatives who is a member of the board of technical and adult education, and one appointee of the President Pro Tempore of the Senate who is a member of the board of regents. The initial term of office of the Governors appointees shall end on June 30, 2007. The initial term of office of the Speaker of the House of Representatives appointee shall end on June 30, 2008. The initial term of office of the President Pro Tempore of the Senates appointee shall end on June 30, 2009. After the expiration of these initial terms of office, the terms of office of all succeeding members shall be for three years. If, at the end of any term of office of any member, a successor thereto has not been appointed, the member whose term of office has expired shall continue to hold office until his or her successor is so appointed. (b) The authority shall elect one of its members as chairperson and another as vice chairperson and a secretary and treasurer, who need not necessarily be a member of the authority. The majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority, except as otherwise provided in this chapter. The members of the authority shall be entitled to and shall be reimbursed for their reasonable travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority may hire staff or may have staff assigned from within the university system or from the Department of Technical and Adult Education for the purposes of carrying out the duties and responsibilities contained in this chapter, with compensation paid from resources available to the authority or the board of regents or the board of technical and adult education, as such boards and the authority may agree. The authority shall make bylaws for its own government. It 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 the provisions of this chapter or impair the obligations of any contracts existing under this chapter. (c) The authority is assigned to the Georgia State Financing and Investment Commission for administrative purposes only as prescribed in Code Section 50-4-3. (d) No member of the authority shall transact any business, as such term is defined in Code Section 45-10-20, with the state, the University System of Georgia or any of its institutions, or the Department of Technical and Adult Education or any of its institutions.
20-16-4. The authority shall have power:

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(1) To have a seal and alter it at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or estates for years, usufructs, or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use them so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of them in any manner it deems to the best advantage of the authority; and if the authority shall deem it expedient to construct or finance any project on lands which are a part of the campus, grounds, or other real estate holdings of a unit, the Governor and the board of regents, as may be applicable, are authorized to execute for and on behalf of the state a lease for the term of the financing, such lease to terminate when the bonds for the project are retired, upon such lands to the authority or to an entity borrowing funds from the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years, provided that such lands shall remain subject to the police power jurisdiction of the board of regents or the board of technical and adult education, as may be applicable; (4) To appoint an executive director who shall be the executive officer and administrative head of the authority. The executive director shall be appointed by and shall serve at the pleasure of the members of the authority. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the members of this authority. Such officers, agents, and employees shall serve at the pleasure of the executive director; (5) To make and execute contracts, leases, rental agreements, and other instruments necessary or convenient to exercise the powers of the authority, including contracts for construction of projects and leases of projects or contracts with respect to the use or operation of projects which the authority causes to be erected or acquired; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects to be located on property owned by or leased by the authority; (7) To extend credit or make loans to any person, firm, corporation, limited liability company, or other type of entity for the planning, design, construction, acquisition, refinancing, or carrying out of any project, which credit or loans shall be secured by loan agreements, deeds to secure debt, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and to require the inclusion in any contract, loan agreement, deed to secure debt, security agreement, or other instrument, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable;

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(8) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by deed to secure debt, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, with any such instrument terminating when the bonds for the project are retired, in order to secure the repayment of any moneys loaned or credit extended by the authority; (9) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (10) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of such bonds and for the rights of the holders thereof; (11) To borrow money for any of its corporate purposes, on either an unsecured or secured basis, and to execute loan agreements, promissory notes, and other contracts and instruments in connection therewith and to provide for the repayment of such loans and for the rights of the lenders thereof; (12) As security for repayment of its revenue bonds, loans, or notes, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority, to the extent of its interest therein, and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default on such bonds, loans, or notes, either in payment of principal or interest or in the performance of any term or condition as are contained in such agreement or indenture. The state waives any right which it may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, to the extent of the interest of the authority therein but not any interest of the state therein, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (13) To procure or to provide insurance against any loss in connection with its programs, property, and other assets. (14) To receive and administer gifts, grants, and devises of money and property of any kind from any source and to administer trusts; (15) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; and (16) To do all things necessary or convenient to carry out the powers expressly given in this chapter.
20-16-5. (a) Revenue bonds issued by the authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds. No revenue bonds shall be issued by the

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authority under this chapter unless its members adopt a resolution finding that the project or combination of projects for which such bonds are to be issued will be selfliquidating. (b) All revenue bonds shall be authorized by resolution of the authority, adopted by a majority vote of the full membership of the authority at a regular or special meeting. (c) Revenue bonds shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds shall bind the members of the authority then in office and their successors. (d) The authority shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of this state or any other laws of this state shall not apply to revenue bonds of the authority.
(f) The authority shall not have outstanding at any one time bonds and notes exceeding $300 million.
20-16-6. (a) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. (b) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (c) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Fulton County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
20-16-7. (a) Subject to the limitations and procedures provided by this Code section and by

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Code Section 20-16-6, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sale of all bonds issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project, or for the purpose of refunding any bonds or bond anticipation notes issued in accordance with this chapter. (c) Issuance by the authority of one or more series of bonds or bond anticipation notes for one or more projects shall not preclude it from issuing other bonds in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds on a parity with such prior issue. (d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority of any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
20-16-8. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority shall determine to issue its bonds, it shall request the Georgia State Financing and Investment Commission to approve the bonds and carry out other services for the authority as provided by Article 2 of Chapter 17 of Title 50.
20-16-9. 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 chapter. In the discretion of the authority, revenue bonds

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of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one unit or any number of units. Any resolution providing for the issuance of revenue bonds under this chapter shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its full membership.
20-16-10. Revenue bonds issued under this chapter shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the property provided for in Code Section 20-16-5; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
20-16-11. The bonds authorized in this chapter are made securities in which all public officers and public bodies of this state and all municipalities and all political subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and public bodies of this state and all municipalities and political subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is authorized.
20-16-12. The creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter; and this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.

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20-16-13. (a) The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable. (b) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authoritys financial position to an independent auditing firm selected by the authority on or about the close of the states fiscal year for the purpose of obtaining an audit of the authoritys finances.
20-16-14. Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Fulton County; and any action pertaining to validation of any bonds issued under this chapter shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.
20-16-15. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.
20-16-16. This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized by this chapter, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
20-16-17. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
20-16-18. (a) There is created as a joint committee of the General Assembly the Georgia Higher Education Facilities Authority Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, two of whom shall be members of the minority party, five members of the Senate appointed by the Senate Committee on Assignments, two of whom shall be members of the minority party, the chairperson of the House Committee on Higher Education or his or her designee, and

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the chairperson of the Senate Higher Education Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The Senate Committee on Assignments shall appoint a cochairperson from the Senate members of the committee, and the Speaker of the House shall appoint a cochairperson from the House of Representatives members of the committee. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed members position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Higher Education Facilities Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. (b) The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this Code section. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. (c) The Georgia Higher Education Facilities Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this Code section, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Higher Education Facilities Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Higher Education Facilities Authority, as set forth in this chapter. (d) In the discharge of its duties, the committee shall evaluate the performance of the Georgia Higher Education Facilities Authority consistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. (e)(1) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Such funds may be used for the purposes of compensating staff personnel; paying for services of independent accountants, engineers, and consultants; and paying all other necessary expenses incurred by the committee in performing its duties. (2) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.

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(3) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Weber of the 40th moved that the Senate agree to the House substitute to SB 562.

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 E 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 C Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones
Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 562.

The following bill was taken up to consider House action thereto:

SB 380. By Senators Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Tolleson of the 20th, Cagle of the 49th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the O.C.G.A, relating to agricultural commodity commissions generally, so as to make certain provisions for an agricultural commodity commission for equines; to change certain provisions relating to definitions relative to said article; to change certain provisions relating to composition, appointments,

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terms of office, and compensation of commodity commission members, certification of membership to the Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to change certain provisions relating to authorization for issuance of marketing orders, notice, public hearing, record, reports from handlers, compilation of lists of producers and handlers, and use of information in reports; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Equines; to define certain terms; to provide for supervision; to provide for the commission and its members; to provide for officers and quorums; to provide for funds of the commission; to provide certain immunity; to provide for cooperation; to provide for hearings; to provide for marketing orders; to provide for amendments; to provide for administration of funds; to provide an exception; to provide for related matters; to provide a contingent effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, is amended by striking Code Section 2-8-10, relating to nonapplicability of Article 2 of said chapter, and inserting in lieu thereof the following:
2-8-10. This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13; nor shall this article apply to the Agricultural Commodity Commission for Equines provided for in Article 4 of this chapter.
SECTION 2. Said chapter is further amended by adding a new article to read as follows:
ARTICLE 5
2-8-120. This article shall apply only to the Agricultural Commodities Commission for Equines.

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2-8-121. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of equines to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any equines. (2) 'Commission' means the Agricultural Commodity Commission for Equines created under this article. (3) 'Equine' means any member of the Equidae family, including horses, mules, hinnies, and asses. (4) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (5) 'Producer' means any person who owns one or more equines or is engaged within this state in the business of buying, selling, boarding, holding, training, breeding, riding, pulling vehicles with, or otherwise utilizing equines for similar purposes.
2-8-122. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department.
2-8-123. There is created the Agricultural Commodity Commission for Equines.
2-8-124. (a) The commission shall be composed of:
(1) The Commissioner of Agriculture, ex officio; (2) The president of the Georgia Farm Bureau, ex officio; (3) One member elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those present concurring, who shall be a producer and shall not be a member of the General Assembly; (4) One member elected by the House of Representatives Committee on Agriculture and Consumer Affairs with a quorum present and a majority of those present concurring, who shall be a producer and shall not be a member of the General Assembly; and (5) Five additional members, all of whom shall be appointed by the members of the commission specified in paragraphs (1) through (4) of this subsection. At least four of such appointees shall be producers. (b) The initial two members elected by the agriculture and consumer affairs committees of the General Assembly shall be elected and qualification to take office for a term beginning on Janaury 1, 2007, and ending upon the election of their successors

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during the regular 2009 session of the General Assembly. Their successors shall be elected during the 2009 regular session of the General Assembly; and thereafter future successors shall be elected during each regular session of the General Assembly convening in odd-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairpersons of the Senate and House committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part. Such members shall serve from the date of their election until their successors are elected and qualified. (c) For purposes of the appointment of additional members of the commission as provided in this Code section, a list of nominees shall be requested from producers of equines. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment.
(d)(1) The members who are state officers shall be compensated as provided by law. Each such member shall be reimbursed by his or her respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of his or her duties. Each such member who is a state officer may designate a representative of his or her department to act for the officer in performing any duties under this article. (2) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government. (3) The appointive members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs.

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(f) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (g) Any other provision of this article to the contrary notwithstanding, a member of any federation or organization of producers shall be eligible to be appointed as a member of the commission with respect to any equine produced by such federation or organization or handled by it for its members who produce it. (h) The commission is authorized to accept donations, gifts, grants, revenue derived from the sale of special license plates as may be otherwise provided by law, and other funds or property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (i) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, as members of the commission shall be entitled to vote on matters pertaining to the organization of the commission and upon the selection and nomination of the appointive members of the commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the commission nor shall they be entitled to vote upon the expenditure of any funds of the commission. (j) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law.
2-8-125. The commission, with its name annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of each the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Commissioner or some other person qualified to administer oaths. The fact of a members appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.

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2-8-126. The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioiner shall disburse funds of the commission only upon the written authorization of the commission.
2-8-127. Funds received by the Commissioner under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
2-8-128. Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands.
2-8-129. The members and employees of the commission and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, distributor, or other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-130. The Commissioner and the commission are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-131. (a) The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders.

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(b)(1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any equines, he or she shall, either upon his or her own motion, upon the motion of the commission, or upon the application of any producer, or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing.
2-8-132. If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-131 and the facts officially noticed therein, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any one or more of the following provisions, but no others:
(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for equine grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of equines to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of equines, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of equines without reference to a particular producer or breed; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims

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on behalf of any equines or disparages the quality, value, sale, or use of any other agricultural commodity; (2) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of equines or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the Commissioner and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Such projects shall be carried out by postsecondary educational institutions or private organizations selected by the commission; (3) Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about the equine industry and its associated issues.

2-8-133. (a)(1) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in the Commissioners or the commissions opinion the substance of such minor amendments so warrants. (2) In making effective major amendments to a marketing order, the Commissioner or the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (A) Authority for the establishment of plans for advertising and sales promotion of equines; or (B) Authority for carrying out research studies in the production or distribution of equines. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order.
(b) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the Department of Agriculture; and a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. (c) The Commissioner or the commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under

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this article, to establish such general rules and regulations for uniform application to all marketing orders issued pursuant to this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (b) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation. (d) Upon the recommendation of the commission, the Commissioner shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (b) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (e) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension.
2-8-134. Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class.
2-8-135. (a) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated funds due to the commission as otherwise provided by law and applicable to such respective provisions. (b) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from any funds due to the commission as otherwise provided by law, the Commissioner is authorized to receive and disburse for such purposes contributions made by producers or distributors. Neither the commission nor the Commissioner shall be held responsible for the repayment of such contributions, provided that whenever collections from the payment of any funds due to the commission and credited to the respective marketing order accounts are sufficient so to warrant, the commission shall recommend and the Commissioner shall repay contributions. (c) Any moneys collected by the commission or the Commissioner pursuant to this

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article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the commission. If ever the commission is abolished by law, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds. (d) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine that such investments comply with this Code section.

SECTION 3. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kemp of the 46th moved that the Senate agree to the House substitute to SB 380.

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 C Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith E Starr Y Staton Y Stephens
Stoner Y Tarver Y Tate Y Thomas,D

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Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 380.

The following bill was taken up to consider House action thereto:

SB 236. By Senators Hudgens of the 47th and Brown of the 26th:

A BILL to be entitled an Act to amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to

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provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to provide for rules and regulations; to amend Code Section 45-18-54 of the Official Code of Georgia Annotated, relating to continuation of optional employee benefit plans and approval of optional plans or contracting with new or additional insurers, so as to provide that any department, agency, authority, county department of health, or local board of education may receive an administrative fee or service fee for certain services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following:
(e) If any employee of this state, regardless of his or her time in service, is killed while acting within the scope of his or her employment or receives bodily injury while acting within the scope of his or her employment that directly results in death thereafter, eligible dependents may continue coverage, provided that:
(1) The deceased employee was the primary or principal beneficiary of any contract or contracts for health insurance established under this article; (2) At the time of death, the employee included his or her eligible dependents under such contract or contracts for health insurance; (3) At the time of death, the employee maintained continuous coverage during the period between injury and death; (4) The eligible dependents agree to pay the contributions to the cost of such coverage; and (5) The eligible dependents pay such contributions in accordance with the rules and regulations promulgated and adopted by the board governing the continuance, discontinuance, and resumption of coverage by such eligible dependents. any spouse or dependent child or children included in the coverage of the contract or contracts for health insurance as provided in this article at the time of the employees death who are not otherwise eligible under subsection (a) of this Code section may be entitled to continue such coverage upon agreeing to pay contributions at the same rate as required for state employees and in compliance with the rules and regulations governing such coverage. The board may adopt rules and regulations governing the continuance, discontinuance, and resumption of coverage by any such spouse or dependent child or children.
SECTION 2. Code Section 45-18-54 of the Official Code of Georgia Annotated, relating to continuation of optional employee benefit plans and approval of optional plans or

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contracting with new or additional insurers, is amended by inserting at the end thereof the following:
(d) Nothing in this Code section shall preclude any department, agency, authority, county department of health, or local board of education from receiving an administrative or service fee from any corporation licensed to transact business in this state as reimbursement for the time and expense of administering any optional employee benefit plan which was in operation on January 1, 1986.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgens of the 47th moved that the Senate agree to the House substitute to SB 236.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tarver Y Tate
Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 236.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

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Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:
HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Dollar of the 45th, Mills of the 25th, Rice of the 51st.
Senator Hudgens of the 47th moved that the Senate agree to the House substitute to SB 244.
Senator Hudgens of the 47th asked unanimous consent to withdraw his motion that the Senate agree to the House substitute to SB 244. The consent was granted, and the motion to agree was withdrawn.
The following bill was taken up to consider House action thereto:
SB 385. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; 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

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To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for legislative intent; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-11-13, relating to authorized investments of insurers generally, and inserting in lieu thereof a new Code Section 33-11-13 to read as follows:
33-11-13. An insurer may invest in the obligations of any county, any incorporated city, town, or village, any school district, water district, sewer district, road district, or any special district, or any other political subdivision or public authority of any state, territory, or insular possession of the United States, or of the District of Columbia, or of the Canadian cities having that have a population of over 25,000 according to the most recent official census Census of Canada, which has not defaulted for a period of 120 days in the payment of interest upon, or for a period of more than one year in the payment of principal of, any of its bonds, notes, warrants, certificates of indebtedness, securities, or any other interest-bearing obligation during the five years immediately preceding the acquisition of the investment.
SECTION 2. Said title is further amended by inserting a new Code Section 33-24-16.1 to read as follows:
33-24-16.1. (a) The term 'actual charge' or 'actual fee,' when used in an individual or group specified disease insurance policy, shall mean the amount actually paid by or on behalf of an insured person and accepted as full payment by a health care provider or other designated person for the goods or services provided. (b) The General Assembly finds and declares that the provisions of subsection (a) of this Code section are intended to clarify the current correct interpretation of the defined terms for instances in which the particular insurance policy does not otherwise contain a definition.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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Senator Hudgens of the 47th moved that the Senate agree to the House substitute to SB 385.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tarver
Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 385.

The following bill was taken up to consider House action thereto:

HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

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Senator Kemp of the 46th asked unanimous consent that the Senate adhere to its substitute to HB 1053 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Kemp of the 46th, Goggans of the 7th and Tolleson of the 20th.
The following bill was taken up to consider House action thereto:
SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding tax executions and redemption of property; to provide for procedures, conditions, and limitations regarding the transfer of tax executions; to change certain provisions relating to procedures for sales under tax levies and executions; to change provisions regarding payment of excess proceeds; to provide for requirements and procedures with respect to certain tax sales; to change certain provisions regarding redemption of property; to provide for additional circumstances under which real estate transfer tax is not due and payable; to change certain provisions relating to transfer of executions; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-13-36, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, in its entirety and inserting in its place the following:
9-13-36. (a) Except as otherwise provided for in subsection (b) of this Code section, whenever Whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such persons residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution. (b) This Code section shall not be applicable to tax executions. Tax executions shall be governed exclusively by Chapters 3 and 4 of Title 48.
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-19, which is reserved, and inserting in its place a new Code Section 48-3-19 to read as follows:
48-3-19. (a) As used in this Code section, the term:
(1) 'Delinquent taxpayer' means the person or persons against whom an execution has been issued or the successor in title to the property for which the execution has been issued. (2) 'Due diligence' means the performance of a diligent search to ascertain the actual location of the record owner of the property. The following actions shall satisfy the diligent search requirements of this Code section: sending notice by first-class mail, certified mail, or statutory overnight delivery, as required by law. If the notice is returned undelivered the following actions shall satisfy the diligent search requirements of this Code section: due diligence shall include checking telephone directories for the county wherein the property is located; checking the records of the tax commissioner of the county wherein the property is located; or checking the real estate records of the clerk of the superior court of the county wherein the property is located. (3) 'Execution' means an execution issued for the collection of any ad valorem taxes, special assessments, fees, penalties, interest, or collection costs due the state or any

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4203

political subdivision thereof. (4) 'Transferee' means a person to whom an execution is transferred. (5) 'Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (b)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes or special assessments, the officer whose duty is to enforce the execution may transfer the execution to the party so paying the full value of the execution. No officer whose duty it is to enforce an execution issued for state, county, or municipal taxes or special assessments shall be required to make any transfer or transfers of such execution or executions. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed by the tax official. The person to whom the execution is transferred shall, within 30 days of the transfer, cause the execution to be entered on the general execution docket of the superior court of the county in which the execution was issued. In default of the required entry or entries, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution.
(2)(A) It shall be unlawful for any tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this subsection are:
(i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such persons successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall be guilty of a misdemeanor. (c)(1) Within 60 days following the transfer, the transferee shall notify the delinquent taxpayer of the transfer of the tax execution by first-class mail. The notice shall include: (A) The name, mailing address, and telephone number for the transferees business office; (B) The amount necessary to satisfy such execution; and (C) Other information as deemed appropriate by the transferee. (2) In the event that any such notice by first-class mail is returned undelivered, the transferee shall be required to perform due diligence in an effort to obtain the delinquent taxpayers correct address or any new owners correct address and resend the notice by first-class mail.

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(d) An execution which has been transferred shall bear interest as specified in Code Section 48-3-20 on the amount paid for such execution from the date of the transfer. In addition, the transferee may charge and collect recording fees actually expended in recording the transferred execution on the general execution docket of any county in which the transfer is recorded and such other penalties as are provided for in this title.
(e)(1) Whenever an execution has been transferred to any transferee, the transferee shall not be authorized to submit the execution to the appropriate levying officer until 12 months after the date of such transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. A transferee shall not have the right to advertise and sell property under a tax execution. Such right shall remain solely with the appropriate levying official, such as the sheriff or marshal. (2) A transferee with multiple outstanding executions against the same property shall not be subject to the time period requirements of paragraph (1) of this subsection with respect to all such executions if at least one of the executions meets such requirements of paragraph (1) of this subsection. (f) Until the execution is paid in full or satisfied, on or before November 15 of each year after the calendar year in which the transfer occurred, the transferee shall send notice by regular mail to the delinquent taxpayer and the record owner of the property advising that the tax execution is still outstanding. The notice must provide the transferees most updated contact information, including mailing address and telephone number. (g) Any transferee that pays the tax official more than two million dollars in any calendar year for the transfer of executions shall maintain a reasonably accessible office within 50 miles of the courthouse wherein the superior court of the county wherein the transferred executions were issued is located. Said office shall be open to the public for at least eight hours per day for five days a week, official state holidays excepted.
SECTION 4. Said title is further amended in Code Section 48-4-1, relating to procedures for sales under tax levies and executions, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
(a)(1) Except as otherwise provided in this title, when a levy is made upon real or personal property, the property shall be advertised and sold in the same manner as provided for executions and judicial sales. Except as otherwise provided in this title, the sale of real or personal property under a tax execution shall be made in the same manner as provided for judicial sales; provided, however, that in addition to such other notice as may be required by law, in any sale under a tax execution made pursuant to this chapter, the defendant shall be given ten days written notice of such sale by registered or certified mail or statutory overnight delivery. The notice required by this Code section shall be sent:
(1)(A) In cases of executions issued by a county officer for ad valorem taxes, to the defendants last known address as listed in the records of the tax commissioner of the county that issued the tax execution; or

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(B) In cases of executions issued by a municipal officer for ad valorem taxes, to the defendants last known address as listed in the records of the municipal officer of the municipality that issued the tax execution; or (2)(C) In cases of executions issued by a state officer, to the defendants last known address as listed in the records of the department headed by the issuing officer. (2) A copy of the notice provided for in paragraph (1) of this subsection shall also be sent by the same tax officer sending the notice to the defendant to the appropriate tax official of the state, county, or municipality which also has issued an execution with respect to such property.
SECTION 5. Said title is further amended by striking Code Section 48-4-5, relating to payment of excess proceeds of a tax sale by a tax commissioner or tax collector, and inserting in its place a new Code Section 48-4-5 to read as follows:
48-4-5. (a) If there is are any excess funds after paying taxes, costs, and all expenses of a sale, the tax commissioner or tax collector may file an interpleader action in superior court for the payment of the amount of such excess. Such excess shall be distributed by the superior court to intended parties, including the owner as their interest appears and in the order of priority in which their interest exists made by the tax commissioner, tax collector, or sheriff, or other officer holding excess funds, the officer selling the property shall give written notice of such excess funds to the record owner of the property at the time of the tax sale and to the record owner of each security deed affecting the property and to all other parties having any recorded equity interest or claim in such property at the time of the tax sale. Such notice shall be sent by firstclass mail within 30 days after the tax sale. The notice shall contain a description of the land sold, the date sold, the name and address of the tax sale purchaser, the total sale price, and the amount of excess funds collected and held by the tax commissioner, tax collector, sheriff, or other officer. The notice shall state that the excess funds are available for distribution to the owner or owners as their interests appear in the order of priority in which their interests exist. (b) The tax commissioner, tax collector, sheriff, or other officer may file, when deemed necessary, an interpleader action in superior court for the payment of the amount of such excess funds. Such excess funds shall be distributed by the superior court to the intended parties, including the owner, as their interests appear and in the order of priority in which their interests exist. The cost of litigation such an interpleader action, including reasonable attorneys fees, shall be paid from the excess funds upon order of the court. (c) After five years have elapsed from the tax sale date, the tax commissioner, tax collector, sheriff, or other officer holding excess funds shall pay over to the department any excess unclaimed funds and for which no action or proceeding is pending in a claim for payment. Once excess funds are placed in the possession of the department, only a court order from an interpleader action filed in the county where the tax sale

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occurred, by the claimant for the funds, shall serve as justification for release of the funds.
SECTION 6. Said title is further amended by striking Code Section 48-4-44, relating to quitclaim deeds by purchaser, and inserting in lieu thereof a new Code Section 48-4-44 to read as follows:
48-4-44. (a) In all cases where property is redeemed, the purchaser at the tax sale shall make a quitclaim deed to the defendant in fi. fa., which deed shall recite:
(1) The name of the person who has paid the redemption money; and (2) The capacity in which or the claim of right or interest pursuant to which the redemption money was paid. (b) The recitals required by subsection (a) of this Code section shall be prima-facie evidence of the facts stated. (c) If the quitclaim deed provided for in subsection (a) of this Code section is presented to the purchaser at the time such person accepts the amount payable for the redemption in the form of cash or a certified check, the purchaser shall, at that time, sign the quitclaim deed if a notary public and an unofficial witness are present to witness such signature. (d) If no quitclaim deed is presented at the time of the redemption or if sufficient witnesses are not present, it shall be the responsibility of the purchaser to prepare and properly execute such quitclaim deed as is required by law within seven days from the date of the redemption. (e) It shall be the responsibility of the purchaser once the quitclaim deed is properly executed as required in subsection (d) of this Code section to present such deed for recordation to the clerk of the court within ten days of the redemption. The quitclaim deed shall be presented for recordation in the county where the tax sale originally occurred. The purchaser shall pay all recording costs and return the recorded quitclaim deed to the redeemer.
SECTION 7. Said title is further amended in Code Section 48-6-2, relating to exemptions from real estate transfer tax, by adding a new paragraph immediately following paragraph (8) of subsection (a), to be designated paragraph (8.1), to read as follows:
(8.1) Any deed that seeks to return any property sold at a tax sale back to the defendant in fi. fa.;
SECTION 8. The provisions of this Act shall apply to all executions transferred on or after July 1, 2006. Executions transferred prior to July 1, 2006, shall not be affected by this Act.

THURSDAY, MARCH 30, 2006

4207

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Shafer of the 48th moved that the Senate agree to the House substitute to SB 585.

On the motion, a roll call was taken and the vote was as follows:

N Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 47, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 585.

The following communications were received by the Secretary:

Senator Vincent Fort District 39 305 Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Appropriations Education and Youth Retirement Reapportionment and Redistricting Special Judiciary

The State Senate Atlanta, Georgia 30334

3/30/06

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JOURNAL OF THE SENATE

To: Secretary of the Senate

From: Sen. Vincent Fort

It was my intent to vote against SB 585 when voted upon for final passage. Please record my vote as such.

/s/ Vincent Fort

Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334

Committees: Appropriations Health and Human Services Retirement State and Local Governmental Operations

The State Senate Atlanta, Georgia 30334

March 30, 2006

Mr. Secretary,

Please show my vote on SB 585 as a no vote. It was my intention to have voted against that legislation.

/s/ Horacena Tate State Senator, District 38

Senator Hill of the 4th asked unanimous consent that the Senate waive Senate Rule 28.3(b), to allow for consideration of the Conference Committee Report to HB 1027.

The consent was granted, and Senate Rule 2-8.3(b) was waived.

The following bill was taken up to consider the Conference Committee Report thereto:

HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007.

The Conference Committee Report was as follows:

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The Committee of Conference on HB 1027 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1027 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hill of the 4th /s/ Senator Stephens of the 27th /s/ Senator Williams of the 19th

/s/ Representative Harbin of the 118th /s/ Representative Keen of the 179th /s/ Representative Burkhalter of the 50th

CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 1027 A BILL TO BE ENTITLED AN ACT
To make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007, as prescribed hereinafter for such fiscal year:

Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Other Funds Records Center Storage Fee Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care and Development Block Grant Foster Care Title IV-E Maternal and Child Health Services Block Grant Medical Assistance Program

$34,575,181,578 $12,923,449,824 $2,395,656,447 $1,563,390,132
$211,730,391 $429,234
$364,728,378 $50,485,333 $53,817,151 $49,192,709 $17,348,033 $4,931,809,954

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Preventive Health and Health Services Block Grant Community Mental Health Services Block Grant Prevention and Treatment of Substance Abuse Block Grant Federal Highway Administration Highway Planning and Construction Federal Transit Administration Capital Investment Grants Research Funds Indigent Care Trust Fund - Public Hospital Authorities State Children's Insurance Program Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance State Funds Lottery Funds Tobacco Funds State Motor Fuel State General Funds Brain and Spinal Injury Trust Fund Intra-State Government Transfers Health Insurance Payments Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments Medicaid Services Payments - Other Agencies Section 1: Georgia Senate Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers
Lieutenant Governor's Office Total Funds State Funds
State General Funds

$4,203,960 $12,840,422 $50,960,435 $1,100,000,000 $12,858,431 $1,577,890,758 $158,537,322 $190,656,641 $17,189,251 $18,929,972 $140,794,870 $18,654,564,058 $841,554,506 $177,518,387 $801,759,400 $16,830,724,074
$3,007,691 $2,997,167,696 $2,430,674,325
$73,715,220 $42,747,938 $117,729,730 $332,300,483
$9,779,214 $0
$9,779,214 $9,779,214
$0
$838,701 $838,701 $838,701

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4211

Amount from prior Appropriation Act (HB 85) Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. Amount appropriated in this Act

State Funds Total Funds $813,497 $813,497 $25,204 $25,204
$838,701 $838,701

Secretary of the Senate's Office Total Funds State Funds
State General Funds

$1,198,966 $1,198,966 $1,198,966

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85) Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. Amount appropriated in this Act

State Funds Total Funds $1,212,412 $1,212,412
($13,446) ($13,446)
$1,198,966 $1,198,966

Senate Total Funds State Funds
State General Funds

$6,738,774 $6,738,774 $6,738,774

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,689,602 $6,689,602

Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007.

$49,172 $49,172

Amount appropriated in this Act

$6,738,774 $6,738,774

Senate Budget and Evaluation Office To provide budget development and evaluation expertise to the State Senate. Total Funds State Funds
State General Funds

$1,002,773 $1,002,773 $1,002,773

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JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$999,672 $999,672

Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007.

$3,101

$3,101

Amount appropriated in this Act

$1,002,773 $1,002,773

Section 2: Georgia House of Representatives

Total Funds

$17,491,660

Federal and Other Funds

$0

State Funds

$17,491,660

State General Funds

$17,491,660

Intra-State Government Transfers

$0

Georgia House of Representatives

Total Funds

$17,491,660

State Funds

$17,491,660

State General Funds

$17,491,660

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$17,216,615 $17,216,615

Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007.

$150,045 $150,045

Increase funds to reflect an adjustment in the employer share of the

$0

$0

State Health Benefit Plan premiums from 14.20% to 16.713%.

(CC:YES)

Provide funding for a dual-agency Formula Study Committee involving the Board of Regents and DTAE.

$125,000 $125,000

Amount appropriated in this Act

$17,491,660 $17,491,660

Section 3: Georgia General Assembly Joint Offices Total Funds Federal and Other Funds State Funds
State General Funds Intra-State Government Transfers

$9,078,281 $0
$9,078,281 $9,078,281
$0

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4213

Ancillary Activities To provide services for the legislative branch of government. Total Funds State Funds
State General Funds

$3,833,123 $3,833,123 $3,833,123

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,933,862 $4,933,862

Reflect the budget request of the Georgia General Assembly Joint Offices.

($1,100,739) ($1,100,739)

Amount appropriated in this Act

$3,833,123 $3,833,123

Legislative Fiscal Office

To act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments.

Total Funds

$2,364,548

State Funds

$2,364,548

State General Funds

$2,364,548

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,209,558 $2,209,558

Reflect the budget request for the Georgia General Assembly.

$154,990

$154,990

Amount appropriated in this Act

$2,364,548 $2,364,548

Office of Legislative Counsel

To provide bill-drafting services, advice and counsel for members of the General Assembly.

Total Funds

$2,880,610

State Funds

$2,880,610

State General Funds

$2,880,610

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,010,843 $3,010,843

Reflect the budget request for the Georgia General Assembly.

($130,233) ($130,233)

Amount appropriated in this Act

$2,880,610 $2,880,610

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Section 4: Audits and Accounts, Department of Total Funds Federal and Other Funds State Funds
State General Funds Intra-State Government Transfers

$31,927,549 $0
$31,927,549 $31,927,549
$0

Administration

To provide administrative support to all Department programs.

Total Funds

$1,602,714

State Funds

$1,602,714

State General Funds

$1,602,714

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)
Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (CC:YES)
Amount appropriated in this Act

State Funds Total Funds

$1,596,639 $1,596,639

$6,075

$6,075

$0

$0

$0

$0

$0

$0

$1,602,714 $1,602,714

Audit and Assurance Services To provide financial, performance, and information system audits. Total Funds State Funds
State General Funds

$28,053,474 $28,053,474 $28,053,474

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)

State Funds Total Funds

$0

$0

THURSDAY, MARCH 30, 2006

4215

Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (CC:YES)
Amount appropriated in this Act

$28,053,474 $28,053,474 $28,053,474 $28,053,474

Financial Audits

To conduct financial and compliance audits of state entities, local boards of education, and healthcare providers that participate in the State's Medicaid program; and review financial statements of local governments and non-profit organizations.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$22,831,899 $22,831,899

Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007.

$1,319,769 $1,319,769

Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (CC:YES)

($24,151,668) ($24,151,668)

Amount appropriated in this Act

$0

$0

Information Systems Audits
To provide independent information systems audits, reviews, and vulnerability assessments and to provide information systems audit guidance and support to other operations within the Department.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007.
Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (CC:YES)
Amount appropriated in this Act

State Funds Total Funds $1,076,951 $1,076,951
$312,535 $312,535

($1,389,486) ($1,389,486)

$0

$0

Legislative Services
To provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services.

4216

JOURNAL OF THE SENATE

Total Funds State Funds
State General Funds

$113,096 $113,096 $113,096

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$110,575 $110,575

Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007.

$2,521

$2,521

Amount appropriated in this Act

$113,096 $113,096

Performance Audits
To audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,426,566 $2,426,566

Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007.

$85,754

$85,754

Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (CC:YES)

($2,512,320) ($2,512,320)

Amount appropriated in this Act

$0

$0

Statewide Equalized Adjusted Property Tax Digest

To establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State funds for public school systems.

Total Funds

$2,158,265

State Funds

$2,158,265

State General Funds

$2,158,265

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)

State Funds Total Funds $2,052,514 $2,052,514

THURSDAY, MARCH 30, 2006

4217

Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007.
Amount appropriated in this Act

$105,751 $2,158,265

$105,751 $2,158,265

Section 5: Appeals, Court of Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$12,841,212 $90,000 $90,000
$12,751,212 $12,751,212
$0

Court of Appeals

The purpose of this court is to review and exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law.

Total Funds

$12,841,212

Federal and Other Funds

$90,000

Agency Funds

$90,000

State Funds

$12,751,212

State General Funds

$12,751,212

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$12,537,586 $12,627,586

Annualize the cost of the FY2006 salary adjustment.

$125,465 $125,465

Additional funding for an increase in real estate rents due to occupancy of new space in Health Building.

$67,773

$67,773

Provide funding to pay for new GTA Billing Costs related to PeopleSoft HRMS and Financials.

$20,388

$20,388

Fill 2 vacant positions.

$0

$0

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the employer share of the

$0

$0

State Health Benefit Plan premiums from 14.20% to 16.713%.

(CC:YES)

Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)

$0

$0

4218

JOURNAL OF THE SENATE

Amount appropriated in this Act

$12,751,212 $12,841,212

Section 6: Judicial Council

Total Funds

$13,464,512

Federal and Other Funds

$0

State Funds

$13,464,512

State General Funds

$13,464,512

Intra-State Government Transfers

$0

Georgia Office of Dispute Resolution

The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

Total Funds

$365,383

State Funds

$365,383

State General Funds

$365,383

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$362,494 $362,494

Annualize the cost of the FY2006 salary adjustment.

$2,889 $2,889

Provide for an additional project administrator position.

$0

$0

Provide additional funding to cover increased per diem and fee expenses.

$0

$0

Provide for a salary increase in FY 2007 of up to 4% effective January

$0

$0

1, 2007. (CC:YES)

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)

$0

$0

Amount appropriated in this Act

$365,383 $365,383

Institute of Continuing Judicial Education

The purpose is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the State's judicial branch.

Total Funds

$1,126,382

State Funds

$1,126,382

State General Funds

$1,126,382

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4219

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,126,382 $1,126,382

Provide funding for design and delivery of a certificate program for court administrators.

$0

$0

Provide additional funding to cover the expenses of taking part in Continuing Judicial Education (CJE) for 40 new judgeships, superior court and state court positions created since 1996.

$0

$0

Provide for the recovery of funds lost during the time of a 15%

$0

$0

reduction of legislative funding to the ICJE between FY 2003 and FY

2004.

Provide funding to underwrite the cost of the personal security summit.

$0

$0

Transfer the Court Business Process Section Training ($170,138), the

$0

$0

Macon Training Facility ($95,081), the Georgia Council of Court

Administrators ($4,884) and the Georgia Law School Consortium

($180,939) from the Administrative Office of the Courts.

Reduce funds for the Georgia Law School Consortium.

$0

$0

Amount appropriated in this Act

$1,126,382 $1,126,382

Judicial Council

The purpose is to consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration.

Total Funds

$10,913,173

State Funds

$10,913,173

State General Funds

$10,913,173

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$10,629,370 $10,629,370

Annualize the cost of the FY2006 salary adjustment.

$58,828

$58,828

Increase funding for the grant to assist victims of family violence with legal matters.

$0

$0

Increase funding for Administrative Office of the Courts technology contracts.

$0

$0

Provide funding for the Judicial Council Standing Committee on Drug Courts.

$0

$0

Provide child support guidelines matching funds.

$121,206

$121,206

Provide base adjustments and annualizers.

$0

$0

4220

JOURNAL OF THE SENATE

Reduce operations to Administrative Office of the Courts. (CC:Do not reduce funds in Statewide Technology Services that would impact services to Superior Courts, Probate Courts, Magistrate Courts, Municipal Courts and State Courts and other such inferior courts.)
Transfer Statewide Felony and Juvenile Drug Courts to the Administrative Office of the Courts.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES)
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)
Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)
Transfer funds to the Administrative Office of the Courts.
Provide funds for an Executive Director and operating expenses for the Council of Magistrate Court Judges.
Amount appropriated in this Act

($1,000,000) ($1,000,000)

$1,000,000 $0 $0

$1,000,000 $0 $0

$0

$0

$0 $103,769

$0 $103,769

$10,913,173 $10,913,173

Judicial Qualifications Commission The purpose is to discipline, remove, and cause involuntary retirement of judges. Total Funds State Funds
State General Funds

$259,574 $259,574 $259,574

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$258,046

$258,046

Annualize the cost of the FY2006 salary adjustment.

$1,528

$1,528

Provide funds to restructure the office and provide more efficient labor.

$0

$0

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)

$0

$0

Amount appropriated in this Act

$259,574

$259,574

THURSDAY, MARCH 30, 2006

4221

Resource Center

The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

Total Funds

$800,000

State Funds

$800,000

State General Funds

$800,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$800,000

$800,000

Provide additional contract funding for additional attorneys to handle the increased number of cases projected to be entering state habeas corpus proceedings in FY 2007.

$0

$0

Amount appropriated in this Act

$800,000

$800,000

Section 7: Juvenile Courts

Total Funds

$6,449,545

Federal and Other Funds

$0

State Funds

$6,449,545

State General Funds

$6,449,545

Intra-State Government Transfers

$0

Council of Juvenile Court Judges

The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation.

Total Funds

$1,538,714

State Funds

$1,538,714

State General Funds

$1,538,714

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,519,101 $1,519,101

Provide for base adjustments and annualizers.

$61,216

$61,216

Transfer funding from Council of Juvenile Court Judges to Grants to Counties for correct program totals.

($41,603)

($41,603)

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)

$0

$0

4222

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)
Amount appropriated in this Act

$0 $1,538,714

$0 $1,538,714

Grants to Counties for Juvenile Court Judges

This program mandates payment of state funds to circuits to pay for juvenile court judges salaries.

Total Funds

$4,910,831

State Funds

$4,910,831

State General Funds

$4,910,831

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85) Provide for base adjustments and annualizers. Provide funding to implement HB 334. Transfer funding from Council of Juvenile Court Judges to Grants to Counties for correct program totals. (CC:YES) Provide funding for 4 new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits. (CC:Add Cobb and Laurens in FY 2007 Amended) Amount appropriated in this Act

State Funds $4,714,839
$105,767 $48,622 $41,603
$0

Total Funds $4,714,839
$105,767 $48,622 $41,603
$0

$4,910,831 $4,910,831

Section 8: Prosecuting Attorneys Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$53,094,118 $1,767,046 $1,767,046 $51,327,072 $51,327,072 $0

District Attorneys

The District Attorney represents the State of Georgia in the trial and appeal of felony criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts.

Total Funds

$47,986,581

Federal and Other Funds

$1,767,046

Agency Funds

$1,767,046

THURSDAY, MARCH 30, 2006

4223

State Funds

$46,219,535

State General Funds

$46,219,535

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$43,925,448 $45,692,494

Annualize the cost of the 5 additional assistant district attorneys.

$194,145 $194,145

Annualize the cost of the 7 additional victim advocate positions.

$148,131 $148,131

Annualize the cost of the FY 2006 salary adjustment.

$458,303 $458,303

Provide funding for 10 additional victim advocate positions. (CC:Douglas County)

$300,000 $300,000

Provide for base adjustments and annualizers.

$983,718 $983,718

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the employer share of the

$0

$0

State Health Benefit Plan premiums from 14.20% to 16.713%.

(CC:YES)

Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)

$0

$0

Provide funding for 4 new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits. (CC:Add Cobb and Laurens in FY 2007 Amended)

$209,790 $209,790

Amount appropriated in this Act

$46,219,535 $47,986,581

Prosecuting Attorney's Council

This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors.

Total Funds

$5,107,537

State Funds

$5,107,537

State General Funds

$5,107,537

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Transfer funds from the Superior Court Judges budget for positions in the DOAS contract that affect the District Attorney and Prosecuting Attorney's Council budgets.

$45,957

$45,957

Provide funds to initiate a judicial circuit integrated communication project.

$350,000 $350,000

4224

JOURNAL OF THE SENATE

Provide funds to purchase current editions of "Daniel's Georgia Criminal Trial Practice" and "Georgia Rules of Evidence" for all district attorney offices.
Provide funding to send district attorneys to the Governor's Leadership Institute.
Provide funds for intern positions.
Annualize 3 additional positions in the Capital Litigation division.
Provide for base adjustments and annualizers.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES)
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)
Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)
Amount appropriated in this Act

$0
$0 $83,160 $137,984 $4,490,436
$0 $0
$0 $5,107,537

$0
$0 $83,160 $137,984 $4,490,436
$0 $0
$0 $5,107,537

Section 9: Public Defender Standards Council, Georgia Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$29,804,954 $1,972,832 $1,972,832
$27,832,122 $27,832,122
$0

Public Defender Standards Council

The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices including all training. The Standards Council also represents persons charged with the death penalty after January 1, 2005, and provides training, assistance and direct representation in NGRI (Not Guilty by Reason of Insanity) cases.

Total Funds

$11,167,007

Federal and Other Funds

$559,797

Agency Funds

$559,797

State Funds

$10,607,210

State General Funds

$10,607,210

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$10,607,210 $11,167,007

THURSDAY, MARCH 30, 2006

4225

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES)
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)
Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)
Amount appropriated in this Act

$0 $0
$0 $10,607,210

$0 $0
$0 $11,167,007

Public Defenders

The purpose is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter.

Total Funds

$18,637,947

Federal and Other Funds

$1,413,035

Agency Funds

$1,413,035

State Funds

$17,224,912

State General Funds

$17,224,912

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$31,471,850 $32,884,885

Redirect $2,276,693 from Public Defender circuit offices to Conflict Case Management offices. (CC:YES)

$0

$0

Provide for a general reduction in operating expenses.

($14,246,938) ($14,246,938)

Provide for a salary increase in FY 2007 of up to 4% effective

$0

$0

January 1, 2007. (CC:YES)

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)

$0

$0

Amount appropriated in this Act

$17,224,912 $18,637,947

Section 10: Superior Courts

Total Funds

$53,508,459

Federal and Other Funds

$0

State Funds

$53,508,459

State General Funds

$53,508,459

Intra-State Government Transfers

$0

4226

JOURNAL OF THE SENATE

Council of Superior Court Clerks

To assist superior court clerks throughout the state in the execution of their duties, and to promote and assist in their training of the superior court clerks.

Total Funds

$243,000

State Funds

$243,000

State General Funds

$243,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$144,925

$144,925

Provide base adjustments and annualizers.

$98,075

$98,075

Amount appropriated in this Act

$243,000

$243,000

Council of Superior Court Judges

The purpose of the Council of Superior Court Judges is to further the improvement of the superior court and the administration of justice through leadership, training, policy development and budgetary and fiscal administration.

Total Funds State Funds
State General Funds

$971,630 $971,630 $971,630

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Provide base adjustments and annualizers.

$925,339 $925,339

Provide funds to add an administrative assistant to assist with workload for the Council of Superior Court Judges.

$46,291 $46,291

Provide for a salary increase in FY 2007 of up to 4% effective January

$0

$0

1, 2007. (CC:YES)

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the Workers' Compensation

$0

$0

premiums. (CC:YES)

Amount appropriated in this Act

$971,630 $971,630

THURSDAY, MARCH 30, 2006

4227

Judicial Administrative Districts

The purpose is to provide regional administrative support to the judges of the superior court. This support includes managing budgets, policy, procedure, and providing a liaison between local and state courts.

Total Funds

$2,184,721

State Funds

$2,184,721

State General Funds

$2,184,721

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,253,718 $2,253,718

Provide base adjustments and annualizers.

($68,997)

($68,997)

Amount appropriated in this Act

$2,184,721 $2,184,721

Statewide Felony and Juvenile Drug Courts
The purpose of this program is to reduce recidivism among nonviolent substance abusing adult and juvenile offenders through intensive, judicially-supervised case management. Funds for this program are used to support Superior Court Judges' drug courts and other drug courts, through cooperation with the Judicial Council.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,000,000 $1,000,000

Transfer Statewide Felony and Juvenile Drug Courts to the Administrative Office of the Courts.

($1,000,000) ($1,000,000)

Amount appropriated in this Act

$0

$0

Superior Court Judges

The purpose is to be Georgia's general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land.

Total Funds

$50,109,108

State Funds

$50,109,108

State General Funds

$50,109,108

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$48,090,013 $48,090,013

4228

JOURNAL OF THE SENATE

Provide for Secretaries pay raise effective April 1, 2007. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) Provide funding for 4 new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits. (CC:Add Cobb and Laurens in FY 2007 Amended) Provide base adjustments and annualizers. Amount appropriated in this Act
Section 11: Supreme Court Total Funds Federal and Other Funds State Funds
State General Funds Intra-State Government Transfers

$0

$0

$0

$0

$0

$0

$0 $724,075

$0 $724,075

$1,295,020 $1,295,020 $50,109,108 $50,109,108

$7,921,323 $0
$7,921,323 $7,921,323
$0

Supreme Court of Georgia

The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases in

Total Funds

$7,921,323

State Funds

$7,921,323

State General Funds

$7,921,323

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$7,647,980 $7,647,980

Provide base adjustments and annualizers.

$321,343

$321,343

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES)

$0

$0

Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES)

$0

$0

Reduce funds.

($48,000)

($48,000)

Amount appropriated in this Act

$7,921,323 $7,921,323

THURSDAY, MARCH 30, 2006

4229

Section 12: Accounting Office, State Total Funds Federal and Other Funds
Other Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$15,776,297 $117,662 $117,662
$6,802,841 $6,802,841 $8,855,794 $8,855,794

State Accounting Office

To support statewide People Soft financials and human capital management, to provide the comprehensive annual financial report of Georgia, and to create accounting procedures and policies for state agencies.

Total Funds

$15,776,297

Federal and Other Funds

$117,662

Other Funds

$117,662

State Funds

$6,802,841

State General Funds

$6,802,841

Intra-State Government Transfers

$8,855,794

Other Intra-State Government Payments

$8,855,794

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase operating expenses to implement the Statewide Reporting tool.
Increase per diem and fees to implement an Accounts Receivable initiative.
Increase personal services ($699,600), regular operating expenses ($200,000), and computer charges ($176,200) to implement the Consolidated Banking initiative.

State Funds $1,723,889
$24,765 $31,389
$44,200
$45,985
$2,464,909
$300,000
$538,868

Total Funds $10,579,683
$24,765 $31,389
$44,200
$163,647
$2,464,909
$300,000
$538,868

4230

JOURNAL OF THE SENATE

Fully fund 5 positions in statewide operations. Fund a rate increase for the PeopleSoft maintenance contract. Increase operating expenses to implement the PeopleSoft CAFR tool. Amount appropriated in this Act
Section 13: Administrative Services, Department of Total Funds Federal and Other Funds
Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Self Insurance Trust Fund Payments

$355,018 $78,618
$1,195,200

$355,018 $78,618
$1,195,200

$6,802,841 $15,776,297

$171,477,682 $12,197,120 $10,398,191 $1,798,929 $22,016,619 $22,016,619 $137,263,943 $19,534,213 $117,729,730

Administration

To provide administrative support to all department programs.

Total Funds

$5,579,866

Federal and Other Funds

$2,084,660

Agency Funds

$2,030,008

Other Funds

$54,652

State Funds

$3,495,206

State General Funds

$3,495,206

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.

State Funds Total Funds $3,514,361 $5,544,369
$1,496 $36,231 $26,912 $26,912

$92,483 $92,483

$123,684 $143,601

$6,749

$6,749

THURSDAY, MARCH 30, 2006

4231

Reduce operating expenses in the Administration program. Reduce funds based on planned expenditures against reserves. Amount appropriated in this Act
Bulk Paper Sales No longer an active program (outsourced as a statewide contract).

($70,479) ($70,479) ($200,000) ($200,000) $3,495,206 $5,579,866

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$2,353,715

Transfer 1 position and $92,192 in agency funds

$0

from Bulk Paper Sales to Surplus Property.

($92,192)

Eliminate the Bulk Paper and Service Contract

$0

Management programs (Total Funds:

$2,264,801).

($2,261,523)

Amount appropriated in this Act

$0

$0

Fiscal Services

To provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts.

Total Funds

$322,037

Federal and Other Funds

$322,037

Agency Funds

$322,037

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $307,228

Annualize the cost of the FY2006 salary adjustment.

$0 $3,108

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0 $11,701

Amount appropriated in this Act

$0 $322,037

Fleet Management

In conjunction with OPB, the program centralizes State government motor vehicle fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated with vehicle ownership.

Total Funds

$2,502,664

Federal and Other Funds

$2,502,664

4232

JOURNAL OF THE SENATE

Agency Funds

$1,719,934

Other Funds

$782,730

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$2,409,075

Annualize the cost of the FY2006 salary

$0

adjustment.

$8,268

Increase funds to reflect an adjustment in the

$0

employer share of the State Health Benefit Plan

premiums from 14.20% to 16.713%.

$29,101

Transfer 1 position and $56,220 in agency funds

$0

from Service Contract Management to Fleet

Management.

$56,220

Amount appropriated in this Act

$0

$2,502,664

Mail and Courier

To provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services.

Total Funds

$1,387,642

Federal and Other Funds

$1,387,642

Agency Funds

$1,164,259

Other Funds

$223,383

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Transfer $80,832 in agency funds for real estate rentals from Service Contract Management to Mail and Courier.
Amount appropriated in this Act

State Funds $0 $0 $0

Total Funds $1,281,259
$5,207 $20,344

$0

$80,832

$0 $1,387,642

Risk Management

To provide cost minimization and fair treatment of citizens through effective claims management.

Total Funds

$137,389,260

THURSDAY, MARCH 30, 2006

4233

Federal and Other Funds Other Funds
Intra-State Government Transfers Other Intra-State Government Payments Self Insurance Trust Fund Payments

$125,317 $125,317 $137,263,943 $19,534,213 $117,729,730

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $137,263,943

Annualize the cost of the FY2006 salary adjustment.

$0

$26,205

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$99,112

Amount appropriated in this Act

$0 $137,389,260

Service Contract Management No longer an active program.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$140,330

Eliminate the Bulk Paper and Service Contract Management programs (Total Funds: $2,264,801).

$0

($3,278)

Transfer 1 position and $56,220 in agency funds from Service Contract Management to Fleet Management, and $80,832 in agency funds for real estate rentals from Service Contract Management to Mail and Courier.

$0 ($137,052)

Amount appropriated in this Act

$0

$0

Space Management No longer an active program in DOAS. See State Properties Commission.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)

State Funds Total Funds

$371,491

$371,491

4234

JOURNAL OF THE SENATE

Transfer funds from the Department of Administrative Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission.
Amount appropriated in this Act

($371,491) ($371,491)

$0

$0

State Purchasing

To reduce cost through aggregation of purchasing demand for state and local governments and to provide fair and equitable access through open, structured competitive procurement.

Total Funds

$9,650,215

Federal and Other Funds

$185,003

Agency Funds

$147,831

Other Funds

$37,172

State Funds

$9,465,212

State General Funds

$9,465,212

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$16,623,841 $18,791,672

Annualize the cost of the FY2006 salary adjustment.

$37,583

$37,583

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$36,522

$36,522

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$45,722

$45,722

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$182,870

$220,042

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$9,074

$9,074

Increase operating expenses for the E-Procurement System for the Commission for a New Georgia's procurement initiative.

$2,020,000 $2,020,000

Eliminate one-time funding in State Purchasing for the Commission for a New Georgia's procurement initiative.

($11,195,400) ($13,215,400)

Increase personal services and operating expenses for the Commission for a New Georgia's Enterprise Asset Management System.

$1,705,000 $1,705,000

Amount appropriated in this Act

$9,465,212 $9,650,215

THURSDAY, MARCH 30, 2006

4235

Surplus Property

To reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction.

Total Funds

$2,043,733

Federal and Other Funds

$2,043,733

Agency Funds

$1,885,035

Other Funds

$158,698

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $1,885,035

Annualize the cost of the FY2006 salary adjustment.

$0

$14,059

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$52,447

Transfer 1 position and $92,192 in agency funds from Bulk Paper Sales to Surplus Property.

$0

$92,192

Amount appropriated in this Act

$0 $2,043,733

U. S. Post Office

To provide convenient and cost-effective postal services to agencies and individuals.

Total Funds

$173,296

Federal and Other Funds

$155,575

Agency Funds

$151,000

Other Funds

$4,575

State Funds

$17,721

State General Funds

$17,721

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,593 $160,593

Annualize the cost of the FY2006 salary adjustment.

$1,800

$1,800

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$641

$641

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$5,271

$5,271

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$398

$4,973

4236

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

$18

$18

$17,721 $173,296

The following appropriations are for agencies attached for administrative purposes.

Payments to Georgia Building Authority No longer an active program in DOAS. See State Properties Commission.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$2,331,288

$2,331,288

Transfer funds from the Department of Administrative Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission.

($2,331,288)

($2,331,288)

Amount appropriated in this Act

$0

$0

Payments to Georgia Technology Authority

To provide for procurement of technology resources, enterprise and portfolio management, as well as the centralized marketing, provision, sale and leasing, or execution of license agreements for access online or in volume, of certain public information maintained in electronic format to the public.

Total Funds

$4,750,000

Federal and Other Funds

$353,231

Other Funds

$353,231

State Funds

$4,396,769

State General Funds

$4,396,769

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$396,769

$750,000

Increase payments to GTA for the Statewide Wireless Broadband Initiative.

$4,000,000

$4,000,000

Reflect operational efficiencies and to fund hardware and

$0

$0

software refresh at the Data Center.

THURSDAY, MARCH 30, 2006

4237

Reflect credits negotiated with vendors and to fund the Commission for a New Georgia's Information Technology Initiative.
Amount appropriated in this Act

$0 $4,396,769

$0 $4,750,000

Office of State Administrative Hearings

To provide an impartial and independent forum for resolving disputes between the public and state agencies.

Total Funds

$4,437,936

Federal and Other Funds

$608,684

Agency Funds

$601,308

Other Funds

$7,376

State Funds

$3,829,252

State General Funds

$3,829,252

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$3,717,517

$4,318,825

Annualize the cost of the FY2006 salary adjustment.

$29,494

$29,494

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$18,308

$18,308

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$132,477

$139,853

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$5,807

$5,807

Reduce personal services.

($74,351)

($74,351)

Amount appropriated in this Act

$3,829,252

$4,437,936

State Properties Commission No longer an active program in DOAS. See State Properties Commission.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$558,553

$558,553

Transfer funds from the Department of Administrative Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space

($558,553)

($558,553)

4238

JOURNAL OF THE SENATE

Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission.

Amount appropriated in this Act

$0

$0

Office of Treasury and Fiscal Services

To receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the treasury.

Total Funds

$3,095,206

Federal and Other Funds

$2,428,574

Agency Funds

$2,376,779

Other Funds

$51,795

State Funds

$666,632

State General Funds

$666,632

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$354,569

$2,731,348

Annualize the cost of the FY2006 salary adjustment.

$11,797

$11,797

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$7,323

$7,323

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$20,636

$20,636

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$523

$523

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$16,076

$16,076

Reduce operating expenses in the Cash Management program ($3,546) and the Investment Services program ($3,546) to reflect an insurance policy rate adjustment.

($7,092)

($7,092)

Increase personal services and operating expenses and add 2 positions in the Cash Management program for the Consolidated Banking Initiative.

$262,800

$314,595

Amount appropriated in this Act

$666,632

$3,095,206

Health Planning Review Board To review decisions made by hearing officers. Total Funds

$60,473

THURSDAY, MARCH 30, 2006

4239

State Funds State General Funds

$60,473 $60,473

Agency for the Removal of Hazardous Materials

To establish and administer a program for the abatement and removal of asbestos and other hazardous materials from premises of the state.

Total Funds

$85,354

State Funds

$85,354

State General Funds

$85,354

Section 14: Agriculture, Department of

Total Funds

$51,645,550

Federal and Other Funds

$8,734,010

Federal Funds Not specifically Identified

$6,849,321

Agency Funds

$1,884,689

State Funds

$42,911,540

State General Funds

$42,911,540

Intra-State Government Transfers

$0

Administration To provide administrative support for all programs of the department. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds State Funds State General Funds

$6,412,940 $328,221 $69,500 $258,721
$6,084,719 $6,084,719

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,967,006 $6,216,462

Annualize the cost of the FY2006 salary adjustment.

$30,982

$30,982

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$49,947

$49,947

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$66,445

$66,445

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$66,017

$66,017

4240

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program.
Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures.
Amount appropriated in this Act

$10,501 $5,504
($111,683)
$6,084,719

$10,501 $5,504
($32,918)
$6,412,940

Athens/Tifton Veterinary Labs

To ensure the safety of our food supply, the health of animals (production, equine and companion) and to protect public health as it relates to animals within the State of Georgia.

Total Funds

$3,485,061

State Funds

$3,485,061

State General Funds

$3,485,061

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,271,132 $3,271,132

Annualize the cost of the FY2006 salary adjustment.

$41,542

$41,542

Fill 1 vacant pathologist position at the Athens/Tifton Veterinary Labs.

$130,845

$130,845

Transfer pay raise funds for Athens/Tifton Veterinary Labs employees from the Board of Regents to the Department of Agriculture.

$41,542

$41,542

Amount appropriated in this Act

$3,485,061 $3,485,061

Consumer Protection

To ensure a safe food supply, ensure a safe and healthy supply of agricultural products, ensure accurate commercial transactions that utilize weighing and measuring devices and to protect animal health (production, equine & companion) for the Citizens of Georgia.

Total Funds

$29,700,608

Federal and Other Funds

$7,684,221

Federal Funds Not specifically Identified

$6,749,221

Agency Funds

$935,000

State Funds

$22,016,387

THURSDAY, MARCH 30, 2006

4241

State General Funds

$22,016,387

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$20,634,327 $28,245,700

Annualize the cost of the FY2006 salary adjustment.

$168,183

$168,183

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$224,845

$224,845

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$138,201

$138,201

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$297,187

$297,187

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$47,271

$47,271

Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures.

$334,272

$407,120

Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program.

($6,332)

($6,332)

Fill 1 vacant inspector position and 1 vacant veterinary district supervisor position.

$47,480

$47,480

Fill 3 vacant food safety positions.

$96,315

$96,315

Fill 3 vacant plant pathologist positions. (CC:Fill 1 vacant plant protection position.)

$34,638

$34,638

Transfer Seed Development Commission to the Marketing and

$0

$0

Promotion program. (CC:Seed Development Commission

funds are reflected in the base budget of the Marketing and

Promotion program.)

Amount appropriated in this Act

$22,016,387 $29,700,608

Marketing and Promotion

To expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

Total Funds

$8,563,745

Federal and Other Funds

$721,568

4242

JOURNAL OF THE SENATE

Federal Funds Not specifically Identified Agency Funds State Funds State General Funds

$30,600 $690,968 $7,842,177 $7,842,177

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$7,857,881 $8,731,062

Annualize the cost of the FY2006 salary adjustment.

$31,615

$31,615

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$57,454

$57,454

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$32,355

$32,355

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$75,939

$75,939

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$12,079

$12,079

Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program.

$828

$828

Reduce the contract with the Federation of Southern Cooperatives.

($741)

($741)

Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures.

($225,233) ($376,846)

Transfer Seed Development Commission from the Consumer

$0

$0

Protection program. (CC:Seed Development Commission funds

are reflected in the base budget.)

Amount appropriated in this Act

$7,842,177 $8,563,745

Poultry Veterinary Diagnostic Labs

To provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza.

Total Funds

$3,483,196

State Funds

$3,483,196

State General Funds

$3,483,196

THURSDAY, MARCH 30, 2006

4243

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,140,822 $3,140,822

Annualize the cost of the FY2006 salary adjustment.

$49,043

$49,043

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$47,142

$47,142

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$1,852

$1,852

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$294

$294

Provide funding for diagnostic equipment and supplies at the Oakwood Poultry Veterinary Diagnostic Lab and branch labs. (CC:Provide funding for diagnostic equipment and supplies at the Oakwood Poultry Veterinary Diagnostic Lab and branch laboratories to increase the total number and quality of tests performed from the previous year.)

$121,399

$121,399

Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures.

$2,644

$2,644

Provide funds to automate the Liquid Handing System for Avian Influenza Virus Testing.

$120,000

$120,000

Amount appropriated in this Act

$3,483,196 $3,483,196

Section 15: Banking and Finance, Department of Total Funds Federal and Other Funds State Funds
State General Funds Intra-State Government Transfers

$11,581,920 $0
$11,581,920 $11,581,920
$0

Chartering, Licensing and Applications/Non-mortgage Entities

To provide efficient and flexible application, registration and notification procedures for financial institutions that are in compliance with applicable laws, regulations and department policies.

Total Funds

$512,992

State Funds

$512,992

State General Funds

$512,992

4244

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$495,504

$495,504

Annualize the cost of the FY2006 salary adjustment.

$4,449

$4,449

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$4,124

$4,124

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$8,603

$8,603

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$312

$312

Amount appropriated in this Act

$512,992

$512,992

Consumer Protection and Assistance

To assist consumers with problems encountered when dealing with department-regulated entities.

Total Funds

$529,701

State Funds

$529,701

State General Funds

$529,701

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$515,920

$515,920

Annualize the cost of the FY2006 salary adjustment.

$3,506

$3,506

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$3,250

$3,250

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$6,779

$6,779

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$246

$246

Amount appropriated in this Act

$529,701

$529,701

Administration Provide administrative support to all department programs. Total Funds State Funds
State General Funds

$1,786,026 $1,786,026 $1,786,026

THURSDAY, MARCH 30, 2006

4245

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,645,199 $1,645,199

Annualize the cost of the FY2006 salary adjustment.

$13,833

$13,833

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$13,372

$13,372

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$27,893

$27,893

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,010

$1,010

Increase personal services to add 1 Network Administrator.

$59,701

$59,701

Purchase field offices phone system.

$25,018

$25,018

Amount appropriated in this Act

$1,786,026 $1,786,026

Financial Institution Supervision
To provide for safe and sound operation of Georgia state-chartered financial institutions, and to protect the interests of the depositors, creditors and shareholders of those institutions.

Total Funds State Funds
State General Funds

$6,956,283 $6,956,283 $6,956,283

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,581,431 $6,581,431

Annualize the cost of the FY2006 salary adjustment.

$47,742

$47,742

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$54,121

$54,121

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$112,892

$112,892

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,090

$4,090

Purchase field offices phone system.

$156,007

$156,007

Amount appropriated in this Act

$6,956,283 $6,956,283

4246

JOURNAL OF THE SENATE

Mortgage Supervision

To protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations.

Total Funds

$1,796,918

State Funds

$1,796,918

State General Funds

$1,796,918

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,738,299 $1,738,299

Annualize the cost of the FY2006 salary adjustment.

$14,322

$14,322

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$14,012

$14,012

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$29,227

$29,227

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,058

$1,058

Amount appropriated in this Act

$1,796,918 $1,796,918

Section 16: Community Affairs, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$198,874,495 $104,661,902
$93,566,048 $9,659,229 $1,436,625 $94,212,593 $47,123,333 $47,089,260
$0

If a local assistance grant incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose. If a local assistance grant states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity. If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

THURSDAY, MARCH 30, 2006

4247

Administration

The purpose is to provide administrative support for all programs of the department.

Total Funds

$4,800,328

Federal and Other Funds

$2,498,773

Federal Funds Not specifically Identified

$22,000

Agency Funds

$2,476,773

State Funds

$2,301,555

State General Funds

$2,301,555

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,982,095 $4,480,868

Annualize the cost of the FY2006 salary adjustment.

$13,381

$13,381

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$18,629

$18,629

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$26,780

$26,780

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,340

$4,340

Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES)

$95,591

$95,591

Add 1 human resources position to the Administration program

$0

$0

to perform administrative support and transactional activities.

(CC:YES)

Establish a secondary IT infrastructure site to continue key services in the event of an emergency that renders the central office inaccessible. (CC:YES)

$0

$0

Transfer one position from Coordinated Planning to Administration. (CC:YES)

$160,739

$160,739

Amount appropriated in this Act

$2,301,555 $4,800,328

Building Construction

The purpose is to establish minimum building construction standards for all new structures including mass-produced factory built (modular) buildings built in the state.

Total Funds

$461,277

Federal and Other Funds

$171,722

Agency Funds

$171,722

4248

JOURNAL OF THE SENATE

State Funds

$289,555

State General Funds

$289,555

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$279,403

$451,125

Annualize the cost of the FY2006 salary adjustment.

$2,247

$2,247

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$2,960

$2,960

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$4,256

$4,256

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$689

$689

Amount appropriated in this Act

$289,555

$461,277

Coordinated Planning

The purpose is to give communities the information, assistance, tools and funding needed to successfully implement planning and quality growth solutions to enhance and fulfill the requirements of Coordinated Comprehensive Planning according to the Georgia Planning Act of 1989.

Total Funds

$3,622,299

State Funds

$3,622,299

State General Funds

$3,622,299

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES)

State Funds $3,831,884
$15,879 $19,952
$28,683
$4,648
($51,508)

Total Funds $3,831,884
$15,879 $19,952
$28,683
$4,648
($51,508)

THURSDAY, MARCH 30, 2006

4249

Transfer the Signature Community Program funds of $250,000 from the Coordinated Planning program to the Regional Services program. (CC:YES)
Reduce annual contracts to the 16 Regional Development Centers.
Provide 2 time-limited positions and funding to support the development of a strategy for sound economic development and conservation for Georgia's coastal region by DCA's Coastal Comprehensive Plan Advisory Committee.
Transfer one position from Coordinated Planning to Administration. (CC:YES)
Amount appropriated in this Act

($250,000) ($116,500) $300,000
($160,739) $3,622,299

($250,000) ($116,500) $300,000
($160,739) $3,622,299

Environmental Education and Assistance

This program provides technical assistance, resource tools, and public education outreach resources.

Total Funds

$998,853

State Funds

$998,853

State General Funds

$998,853

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$973,896

$973,896

Annualize the cost of the FY2006 salary adjustment.

$5,968

$5,968

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$7,874

$7,874

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$11,320

$11,320

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,834

$1,834

Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES)

($2,039)

($2,039)

Amount appropriated in this Act

$998,853

$998,853

Federal Community & Economic Development Programs
The purpose is to administer incentive programs and education programs as well as provide technical assistance in the area of economic development to local governments, development authorities, and private for-profit entities.

4250

JOURNAL OF THE SENATE

Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds

$38,745,691 $36,985,354 $36,985,354
$1,760,337 $1,760,337

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,608,212 $38,593,566

Annualize the cost of the FY2006 salary adjustment.

$10,962

$10,962

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$15,862

$15,862

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$22,803

$22,803

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$3,695

$3,695

Provide additional funding for the Hands on Georgia contract for community challenge grants.

$100,000

$100,000

Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES)

($1,197)

($1,197)

Amount appropriated in this Act

$1,760,337 $38,745,691

Homeownership programs

The purpose is to expand the supply of standard affordable housing through rehabilitation, construction and provide homeownership opportunities for low and moderate income individuals.

Total Funds

$4,014,155

Federal and Other Funds

$4,014,155

Agency Funds

$4,014,155

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $4,014,155

Amount appropriated in this Act

$0 $4,014,155

THURSDAY, MARCH 30, 2006

4251

Local Assistance Grants

The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are specified by amount, recipient, and purpose in an appropriation to the department.

Total Funds

$6,540,903

State Funds

$6,540,903

State General Funds

$6,540,903

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,881,066 $3,881,066

Total of Grants Associated with this Program

$6,540,903 $6,540,903

Eliminate one-time funding for local assistance grants.

($3,881,066) ($3,881,066)

Amount appropriated in this Act

$6,540,903 $6,540,903

Specific Local Assistance Grants Appropriated: (LAG # 1 to Columbia County) Transfer historic structural arches to county building. (LAG # 2 to City of Harlem) Theatre restoration in downtown Harlem. (LAG # 3 to Douglas County) Develop a landscape and gateway signage plan in the traffic circle island of planned intersection round-a-bout. (LAG # 4 to City of Sharpsburg) Provide consulting fees to develop multi-use trails. (LAG # 5 to City of Parrott ) Build a metal building for fire trucks. (LAG # 6 to City of Winterville ) Stabilization of historic building. (LAG # 7 to Oconee County ) Relocation and restoration of historic building. (LAG # 8 to Oconee County ) Completion of recreational parking. (LAG # 9 to City of Sugar Hill ) Renovation of concession restroom facilities in local park. (LAG # 10 to City of Suwannee ) Construct a pedestrian bridge. (LAG # 11 to Effingham County ) Installation of new playground equipment. (LAG # 12 to City of Tybee Island ) Aesthetic improvements on Main Street. (LAG # 13 to City of Swainsboro ) Improvements to city recreation complex. (LAG # 14 to Emanuel County ) Renovation of Emanuel Arts Center. (LAG # 15 to City of Metter ) Improve walking trails for recreation department. (LAG # 16 to Hall County ) Provide funds for sewer line construction. (LAG # 17 to City of Alpharetta ) To complete construction of Walk of Memories. (LAG # 18 to Atkinson County ) Renovate a module unit to be used as a multipurpose building. (LAG # 19 to Coffee County ) Paving entrances of volunteer fire stations.

$10,000
$40,000 $20,000
$10,000 $15,000 $15,000 $20,000 $15,000 $20,000
$50,000 $15,000 $40,000 $10,000 $5,000 $10,000 $30,000 $40,000 $20,000
$25,000

4252

JOURNAL OF THE SENATE

(LAG # 20 to Bibb County ) Refurbishment of Community Park and facilities at Lake Tobesofkee. (LAG # 21 to City of Orchard Hill ) Complete sewer project. (LAG # 22 to City of Kennesaw ) Complete a regional trail system. (LAG # 23 to City of Cairo ) Renovate community house. (LAG # 24 to Seminole County) Paving access ramp and parking for fire department. (LAG # 25 to Paulding County ) To assist in building the Tara Drummond Memorial Pet Park. (LAG # 26 to Charlton County ) Construct local drug abuse center. (LAG # 27 to Fulton County ) Multi-age playground and make recreational field wheelchair accessible. (LAG # 28 to City of Roswell ) Funds will be used to match a grant to finished construction on new facilities. (LAG # 29 to Walker County ) Renovation of historic Marsh House. (LAG # 30 to Heard County ) Upgrade the wastewater treatment plant. (LAG # 31 to City of Lagrange ) Assist with developing a comprehensive water planning. (LAG # 32 to Walton County ) Funding for road installation project. (LAG # 33 to Walton County ) Funding for sewer installation project. (LAG # 34 to City of Monroe ) Construct pump stations. (LAG # 35 to Lamar County) Renovation of historic Johnstonville Community Club. (LAG # 36 to City of Wrightsville ) Remodel old fire house building to police headquarters. (LAG # 37 to City of Lawrenceville ) Funding for revitalization of downtown. (LAG # 38 to City of Millen ) Construct a train viewing platform. (LAG # 39 to City of Perry ) Public safety training center for police and fire dept. (LAG # 40 to Gwinnett County BOE ) Construction of a physical health education classroom and activities facility. (LAG # 41 to Walton County BOE ) Completion of a health education complex. (LAG # 42 to City of Newnan ) Construct a walking area within a park. (LAG # 43 to Carroll County ) Replace parking lot and roof. (LAG # 44 to City of Rossville ) Renovation and repair of public library. (LAG # 45 to City of Snellville ) Sidewalk construction, police video cameras and bucket truck. (LAG # 46 to City of Thomasville ) Engineering fees associated with the preparation of the airport industrial park. (LAG # 47 to City of Coolidge ) Help complete drinking water project. (LAG # 48 to City of Enigma ) Assistance with roof for the city hall.

$50,000
$15,000 $50,000 $20,000 $16,660
$30,000
$10,000 $20,000
$20,000
$20,000 $25,000 $25,000
$10,000 $10,000 $10,000 $20,000
$25,000
$15,000 $20,000 $15,000 $30,000
$20,000 $25,000 $15,000 $30,000 $25,000
$15,000
$14,000 $12,000

THURSDAY, MARCH 30, 2006

4253

(LAG # 49 to Mitchell County ) Bring electrical system up to date in old building. (LAG # 50 to Mitchell County ) Pave parking lot for Mitchell County Development Authority. (LAG # 51 to Crawford County) Purchase a site for parking in renovated downtown. (LAG # 52 to City of Ludowici ) Provide funding to help with addition to city hall. (LAG # 53 to City of Catoosa ) Infrastructure for development of industrial park complex. (LAG # 54 to Henry County ) Sidewalks near congested school area. (LAG # 55 to Richmond County ) Construction of handicap accessible restroom facility. (LAG # 56 to City of Reidsville ) Funding to construct curb cut to industrial park. (LAG # 57 to City of Fairmount) Engineering and design work for a downtown square. (LAG # 58 to Turner County ) Emergency service equipment. (LAG # 59 to City of Rebecca ) Purchase equipment for fire truck. (LAG # 61 to City of Lincolnton) Emergency generator for sewer waste water plant. (LAG # 62 to Bartow County ) Officer safety and surveillance equipment in narcotics enforcement department. (LAG # 63 to Columbia County BOE ) Assist high schools with athletic improvements (equally split among all Columbia County High Schools). (LAG # 64 to Columbia County ) Assist with improvements and infrastructure upgrades to local park. (LAG # 65 to City of Douglasville ) Welcome sign, stage cover and pedestrian safety improvements. (LAG # 66 to City of Bronwood ) General equipment and support for on-going city projects. (LAG # 67 to Bulloch County ) Emergency response equipment. (LAG # 70 to Johnson County ) Equipment for volunteer fire department. (LAG # 71 to Spalding County ) Provide funding for law enforcement equipment. (LAG # 72 to Fannin County ) Provide funds for tel-squirt equipment for fire truck. (LAG # 73 to Cobb County BOE) New seating for auditorium for Pope High School. (LAG # 74 to City of Rincon ) New playground facility. (LAG # 76 to Toombs County ) Rural fire department equipment. (LAG # 81 to City of Sandy Springs ) Laser speed detection devices and laptops. (LAG # 82 to City of Nahunta ) Equipment to maintain the city. (LAG # 85 to Wayne County) Building inspection program equipment and software. (LAG # 86 to Wayne County ) Volunteer fire department equipment. (LAG # 87 to City of Waycross ) Research and design exhibits.

$12,000 $12,000
$10,000 $20,000 $20,000
$19,475 $25,000
$50,000 $15,000
$4,450 $7,995 $20,000 $30,000
$40,000
$10,000
$30,000
$2,000
$7,500 $5,000 $15,000 $50,000 $50,000
$15,000 $50,000 $25,000 $10,000 $5,000 $5,000 $6,000

4254

JOURNAL OF THE SENATE

(LAG # 88 to Hall County ) Search and recovery equipment for underwater search and recovery team. (LAG # 89 to City Hahira ) Jaws of life equipment. (LAG # 90 to Berrien County ) Provide funds for fire department equipment. (LAG # 91 to City of Sandy Springs ) Personal protection equipment ballistics vest. (LAG # 92 to Gwinnett County ) Special need playground. (LAG # 93 to Butts County ) Reading material, supplies and audio books for disabled individuals. (LAG # 94 to Henry County ) Reading material, supplies and audio books for disabled individuals. (LAG # 95 to Butts County ) Purchase bullet proof vests. (LAG # 96 to Henry County ) Regular equipment, shotguns and thermal imagers. (LAG # 97 to Murray County ) Reprint county brochure for chamber of commerce. (LAG # 98 to Murray County ) Treadmill for senior citizens. (LAG # 99 to Houston County ) Epilos laser engraving system. (LAG # 100 to Houston County ) Provide funding to supplement recent budget cuts. (LAG # 101 to City of Buena Vista ) Fire fighting equipment. (LAG # 102 to Schley County ) Fire fighting equipment. (LAG # 103 to City of Adel ) K-9 transport system. (LAG # 104 to Cook County ) Equipment for 4-H Coordinator for life skill class. (LAG # 105 to City of Lithonia ) Playground equipment and other items. (LAG # 106 to Dekalb County ) Provide arts supplies, games and entertainment system for Lithonia Senior Wellness Center. (LAG # 107 to Mitchell County ) Fire fighting equipment for seven volunteer fire departments. (LAG # 108 to Town of Sale City ) Electrical work, books and bookshelves for city library. (LAG # 109 to City of Baconton ) Furnishings for city hall historic house. (LAG # 110 to Colquitt County ) Equipment for Doerun Library. (LAG # 111 to City of Byron ) Furnishings for the new community center within the new city hall. (LAG # 112 to City of Ludowici ) Purchase a Intoxilyzer 5000 machine. (LAG # 113 to City of Savannah ) Exercise equipment for weight lifting center. (LAG # 114 to City of Thomson ) Replace self-contained breathing apparatus air compressor. (LAG # 115 to Dekalb County ) Playground renovation project. (LAG # 116 to City of Abbeville ) Equipment for water system. (LAG # 117 to Wilcox County ) Equipment for sheriff's office. (LAG # 118 to Pulaski County ) Purchase needed equipment. (LAG # 119 to City of Fitzgerald ) Equipment purchases for airport.

$35,295
$14,500 $20,000 $40,000 $10,000
$5,000
$5,000
$15,000 $10,000
$5,000 $5,000 $5,000 $4,000 $1,000 $1,000 $3,500 $10,000 $10,000 $7,000
$17,500
$10,000
$12,500 $15,000 $15,000
$5,495 $18,000 $15,000
$10,000 $5,000 $5,000 $4,000 $5,000

THURSDAY, MARCH 30, 2006

4255

(LAG # 120 to City of Whitesburg ) Computers and desks for library.
(LAG # 121 to Carroll County BOE ) Cost of new furniture and its installation for media center at Sandhill Elementary.
(LAG # 122 to Chatham County ) Provide funds for weight lifting equipment for Abilities Unlimited.
(LAG # 123 to City of Braselton ) Purchase needed books for new library under construction.
(LAG # 124 to Jackson County ) A compressor for breathable air.
(LAG # 125 to Bacon County ) Purchase equipment for a research and demonstration farm.
(LAG # 126 to City of Statham ) Secure the city's ownership of their water source.
(LAG # 127 to Barrow County ) Provide funding to assist in purchase of environmentally sensitive property near Fort Yargo State Park.
(LAG # 128 to City of Ranger ) Training and purchase property to spur commercial growth.
(LAG # 129 to City of Allentown ) To repair and put a sustainable maintenance plan in place for water tower.
(LAG # 130 to City of Demorest ) Offset the expenses associated with the recent ice storm.
(LAG # 131 to City of Baldwin ) Offset the expenses associated with the recent ice storm.
(LAG # 132 to City of Cornelia ) Offset the expenses associated with the recent ice storm.
(LAG # 133 to Irwin County ) Help clean up public parks and other recreational facilities.
(LAG # 134 to City of Arabi ) Provide funds for landscaping of new medical clinic.
(LAG # 135 to Effingham County ) Improvements and update playground.
(LAG # 136 to City of Oglethorpe ) Upgrade and maintenance of sewer lines.
(LAG # 138 to City of Dawsonville ) Purchase racing hall of fame artifacts for Georgia Racing Hall of Fame Museum.
(LAG # 139 to Polk County ) Provide funds for operating expenses and expansion of Boys and Girls Club.
(LAG # 140 to Polk County ) Provide funds for Our House shelter.
(LAG # 141 to City of Statesboro ) Programming and workshops, special events and instructional programs pertaining to the arts.
(LAG # 142 to Hall County ) Provide funds for Georgia police and fire games.
(LAG # 143 to City of Kingsland ) Provide general operating funding for Humane Society.
(LAG # 144 to Richmond County ) Provide funds for children program.
(LAG # 145 to Dekalb County BOE ) Provide funds to address the dropout rate for Dekalb County High Schools.

$20,000 $15,000
$3,500
$10,000
$20,000 $40,000
$15,000 $15,000
$15,000
$35,000
$7,500
$7,500
$7,500
$10,000
$12,000 $10,000 $10,000 $30,000
$5,000
$5,000 $25,000
$20,000 $10,000
$15,000 $2,000

4256

JOURNAL OF THE SENATE

(LAG # 146 to City of Cartersville ) Provide funds to house abandoned children.
(LAG # 147 to Dekalb County) General operating funding for outward bound center.
(LAG # 148 to City of Atlanta ) Operating funds for mentoring and tutoring camp for needy young girls.
(LAG # 149 to City of Young Harris ) Funding for Accel program at Young Harris College.
(LAG # 150 to Clarke County BOE ) To improve the academic and life skills of school-aged youths.
(LAG # 151 to Houston County ) Program for children at-risk, teen pregnancy, drop out and abuse.
(LAG # 152 to City of Perry ) Provide funds to the Rebound Center.
(LAG # 153 to City of Warner Robins ) Provide funds for Robins Air Force Museum for math and science education.
(LAG # 154 to Macon County BOE ) Provide and maintain a park for Flint River Farms School Preservation Society.
(LAG # 155 to City of Andersonville ) Promote the Andersonville Trail through reprinting brochures and advertising.
(LAG # 156 to Clayton County ) Expand summer program to address serious issues of gang violence.
(LAG # 157 to City of Ringgold ) Assistance with interconnector to the Moccasin Bend Treatment Facility.
(LAG # 158 to City of Palmetto ) To assist Harris Chapel United Method Church in providing students with tutorial help.
(LAG # 159 to Fulton County ) Provide general operating funding for an adult day care program. (LAG # 160 to Hall County ) Assist initiative for access to healthcare for uninsured adults.
(LAG # 161 to Dekalb County ) Operating funding for 100 Black Men of Dekalb.
(LAG # 162 to City of McDonough ) Children with disabilities athletic program.
(LAG # 163 to City of Norcross ) Funding for Success Academy.
(LAG # 164 to Tift County ) Surveillance equipment for police department.
(LAG # 165 to Turner County ) Radar purchase for police department.
(LAG # 166 to City of Lilburn ) Computers for patrol cars and provide for security lighting and emergency phones along city greenway walking trail.
(LAG # 167 to City of Leesburg ) New computers for library.
(LAG # 168 to Worth County ) New microfilm and printer for library.
(LAG # 169 to City of Cuthbert ) A security system for city hall, police dept. and water wells.
(LAG # 170 to City of Waycross ) Purchase computers for museum.

$40,000 $20,000
$40,000
$15,000
$10,000
$10,000
$2,500 $10,000
$15,000
$5,000
$10,000
$10,000
$8,000
$10,000
$20,000
$10,000 $2,500 $40,000 $8,000 $7,480 $30,000
$30,000 $9,000 $9,985
$4,850

THURSDAY, MARCH 30, 2006

4257

(LAG # 171 to Dekalb County BOE ) Purchase new equipment for student computer lab at Sequoyah Middle School. (LAG # 172 to Dekalb County BOE ) Purchase new equipment for student computer lab at Hightower Elementary. (LAG # 173 to Dekalb County BOE ) Purchase new equipment for student computer lab at Oakcliff Elementary. (LAG # 174 to Dekalb County BOE ) Purchase new equipment for student computer lab at Ashford Park Elementary. (LAG # 175 to Dekalb County BOE ) Purchase new equipment for student computer lab at Dresden Elementary. (LAG # 176 to Newton County ) Supplement purchase of in-car cameras. (LAG # 177 to Clayton County ) Lighting and computer installation. (LAG # 178 to Cobb County BOE ) Provide funding for classroom technology for Campbell High School. (LAG # 179 to Cobb County BOE ) Provide funding for classroom technology for Campbell Middle School. (LAG # 180 to Montgomery County ) Video production equipment. (LAG # 181 to Dodge County ) Security fencing for airport. (LAG # 182 to Bleckley County ) Laptop computers for sheriff's office. (LAG # 183 to Jeff Davis County ) Security system for court house. (LAG # 184 to Baldwin County ) Provide funds to purchase truck. (LAG # 185 to Irwin County ) Van for the Irwin County Senior Citizen's center meals on wheels. (LAG # 186 to City of Warwick) Tractor to help in cleaning up city and cutting grass. (LAG # 187 to City of Pinehurst ) Purchase tractor to help in cleaning up city and cutting grass. (LAG # 188 to Cobb County ) Purchase passenger van. (LAG # 189 to City of Atlanta ) To transport children for after school program in academy and daycare. (LAG # 190 to City of Savannah ) Purchase vans. (LAG # 191 to City of Tallapoosa ) Purchase a van for elderly senior center. (LAG # 192 to City of Norman Park ) Purchase new police car. (LAG # 193 to Colquitt County ) Assistance in purchase of used lift truck for electrical work and tree trimming. (LAG # 194 to City of Savannah) Fund services for at-risk children for daily after school program and summer program. (LAG # 195 to City of Nahunta) Complete Nahunta Police Department Public Safety Center and Parking Lot. (LAG # 196 to Evans County) Renovate Tos Theatre. (LAG # 197 to City of Meldrim) Rejuvenate playground at Meldrim Memorial Park.

$3,000
$3,000
$3,000
$3,000
$3,000
$10,000 $10,000 $25,000
$25,000
$10,000 $7,500 $4,000
$10,000 $25,000 $15,000
$15,000
$15,000
$40,000 $15,000
$15,000 $25,000 $10,000 $12,000
$50,000
$12,000
$10,000 $25,000

4258

JOURNAL OF THE SENATE

(LAG # 198 to City of Soperton) Construct new fire station. (LAG # 199 to Effingham County) Create access to Ogeechee River. (LAG # 200 to Treutlen County) Implement enhanced 911 for Treutlen County EMS. (LAG # 201 to Tattnall County BOE) Resurface track at Reidsville Middle School. (LAG # 202 to City of Stillmore) Purchase new fire truck. (LAG # 203 to Gwinnett County) Create human services plan for Gwinnett Village. (LAG # 204 to Pierce County) Purchase historical land from the Civil War era. (LAG # 205 to Ware County) Renovate recreation facility. (LAG # 206 to Lanier County) Refurbish county library. (LAG # 207 to City of Lenox) Build fire station. (LAG # 208 to City of Fargo) Upgrade the recreation park. (LAG # 209 to City of Berlin) Purchase computers for Berlin City Hall and renovate City Hall. (LAG # 210 to Decatur County) Purchase new equipment for 10 volunteer fire departments. (LAG # 211 to Colquitt County) Renovate livestock facility. (LAG # 212 to Albany-Dougherty Inner City) Pay off interest incurred during the construction of the Flint RiverQuarium. (LAG # 213 to Calhoun County) Purchase 2 breathing units for volunteer fire department. (LAG # 214 to City of Albany) Fund the 2006 Special Olympics. (LAG # 215 to Crisp County) Upgrade service weapons and holsters for sheriff's. (LAG # 216 to Crisp County) Fund stormwater feasibility study. (LAG # 217 to Crisp County) Upgrade courthouse security. (LAG # 218 to Tift County) Build fire wall in public library. (LAG # 219 to City of Sylvester) Replace telephone system. (LAG # 220 to City of Cordele) Purchase computerized case management system for Cordele. (LAG # 221 to Turner County) Renovate recreation building and purchase equipment. (LAG # 222 to Dooly County) Improve Big Pig Jig site. (LAG # 223 to City of Columbus) Fund operations of Renaissance Personal Development Program. (LAG # 224 to City of Columbus) Develop skilled work force. (LAG # 225 to City of Columbus) Fund cultural education center. (LAG # 226 to City of Columbus) Provide funding for Building Toward Wellness Health Care Intervention. (LAG # 227 to City of Columbus) Provide funds for House of Mercy. (LAG # 228 to Pike County) Purchase three Jaws of Life.

$25,000 $25,000 $25,000
$5,000 $25,000 $25,000 $20,000 $20,000 $12,000 $20,000 $12,000 $25,000
$25,000
$45,000 $25,000
$5,300
$25,000 $10,000 $25,000 $15,000 $10,000 $25,000 $25,000
$25,000
$35,000 $20,000
$20,000 $20,000 $10,000
$15,000 $25,000

THURSDAY, MARCH 30, 2006

4259

(LAG # 229 to Fayette County) Purchase two severe weather sirens. (LAG # 230 to Newton County) Purchase laptop computers for EMS vehicles. (LAG # 231 to Henry County) Purchase video cameras for police cars. (LAG # 232 to Henry County) Fund archaeological dig at Lovejoy Battlefield. (LAG # 233 to Wayne County) Paint farmers market and fence recreation complex. (LAG # 234 to City of Baxley) Beautify City Hall in Baxley. (LAG # 235 to Wheeler County) Renovate recreation department and purchase new equipment. (LAG # 236 to Wayne County) Operate Caregivers Resources. (LAG # 237 to City of Vidalia) Construct new Vidalia Recreation Complex. (LAG # 238 to City of Glennville) Renovate Glennville Community Center. (LAG # 239 to City of Ludowici) Renovate Ludowici City Hall. (LAG # 240 to Jeff Davis County) Video equipment and metal detector for sheriff's office. (LAG # 241 to Long County) Build new fireproof door and room onto courthouse and install HVAC humidifier. (LAG # 242 to City of Ludowici) Purchase police cars and Intoxilyzer. (LAG # 243 to Laurens County) Purchase computer systems for Laurens County Sheriff's Department. (LAG # 244 to City of Perry) Renovate Big Indian Creek. (LAG # 245 to City of Hawkinsville) Provide funds for Hawkinsville Library. (LAG # 246 to City of Hawkinsville) Lighting for Old Opera House. (LAG # 247 to Johnson County) Equipment for volunteer fire department. (LAG # 248 to City of Cochran) Purchase needed equipment for patrol cars. (LAG # 249 to Johnson County) Purchase kitchen equipment for senior citizen center. (LAG # 250 to City of Rochelle) Assist City of Rochelle with repairing their water system. (LAG # 251 to Dodge County) Purchase radio equipment for Dodge County Sheriff's Department. (LAG # 252 to Cobb County) Improve drainage at Bob Shaw Park. (LAG # 253 to City of Augusta) Fund Augusta Youth Center. (LAG # 254 to McDuffie County) Funds to support and operate the Boys and Girls Club of McDuffie. (LAG # 255 to City of Augusta) Execution of the community vision. (LAG # 256 to Richmond County) Provide operation funds for the Lucy Craft Laney Museum of Black History. (LAG # 257 to Glascock County) Purchase equipment for sheriff's department. (LAG # 258 to City of Thomson) Replace breathing air system for the fire department.

$50,000 $50,000 $40,000 $25,000
$5,000 $6,000 $10,000
$10,000 $20,000 $25,000 $40,000 $25,000
$30,000
$25,000 $12,815
$15,000 $15,000 $10,000 $10,000 $4,000
$5,000
$5,000
$4,000
$20,000 $25,000 $10,000
$25,000 $25,000
$18,000 $25,000

4260

JOURNAL OF THE SENATE

(LAG # 259 to Elbert County ) Refurbish infrastructure of the Nancy Hart Home. (LAG # 260 to Columbia County ) Purchase EMT equipment for the sheriff's office. (LAG # 261 to City of Washington) Refurbish historic facility for after school youth center. (LAG # 262 to Columbia County ) Fund the Columbia County Chamber of Commerce-Industry/Education Partnership. (LAG # 263 to City of Buckhead ) Provide funds for the Buckhead Volunteer Fire Department. (LAG # 264 to Warren County ) Establish an alternative school. (LAG # 265 to City of Flovilla ) Provide funds for the planning and design for a community center. (LAG # 266 to City of Warrenton ) Renovation of city hall. (LAG # 267 to City of Baldwin ) Advertise the Old Capitol Museum. (LAG # 268 to City of Flovilla ) Fund preliminary engineering study for wastewater treatment plant. (LAG # 269 to Putnam County BOE) Purchase two greenhouses for Putnam County High School. (LAG # 270 to City of Sparta ) Fund summer work program. (LAG # 271 to City of Warm Springs ) Renovate the FDR Golf Course at Warm Springs. (LAG # 272 to Douglas County ) Sheriff's office meth task force operating funds. (LAG # 273 to Douglas County ) Cultural Arts Center operating funds. (LAG # 274 to Polk County ) Fund community resources for the Polk County Council for Children and Families. (LAG # 275 to Haralson County ) Fund Buchanan/Haralson Library. (LAG # 276 to Bartow County ) Create programs for Advocates for Children. (LAG # 277 to Haralson County ) Purchase of historical home for Haralson Historical Society. (LAG # 278 to Cobb County BOE) Purchase new technology equipment for Murdoch Elementary. (LAG # 279 to Cobb County) Renovate and purchase new pavilion for East Cobb park. (LAG # 280 to Cobb County BOE) South Cobb High School band. (LAG # 281 to Fulton County ) Fund Changes Recovery Center in East Point. (LAG # 282 to Fulton County ) Fund operations of CAMP (Community Alliance of Metropolitan Parkway). (LAG # 283 to Fulton County ) Construct the Streetscape Project & Macon Drive Sidewalk Project for the Metropolitan Parkway. (LAG # 284 to City of Acworth ) Purchase cameras for police cars. (LAG # 285 to City of Acworth ) Restore water quality of Lake Allatoona.

$15,000 $20,000 $25,000
$25,000
$10,000
$15,000 $25,000
$25,000 $20,000 $25,000
$25,000
$10,000 $100,000
$20,000 $20,000 $2,500
$20,000 $40,000 $50,000
$28,280
$30,000
$20,000 $25,000 $25,000
$25,000
$75,000 $75,000

THURSDAY, MARCH 30, 2006

4261

(LAG # 286 to Atlanta BOE) Create Student Resource Center for Frederick Douglass High School. (LAG # 287 to City of Stone Mountain ) Construct solid waste compactor facility. (LAG # 288 to City of Pine Lake ) Improve water quality. (LAG # 289 to Dekalb County ) Fund recycle durable medical equipment programs. (LAG # 290 to City of Stone Mountain ) Maintenance of historic trolley barn. (LAG # 291 to City of Stone Mountain ) Subsidize instructor salaries for summer arts camp and fund scholarships. (LAG # 292 to Clayton County ) Fund transitional housing and emergency shelter. (LAG # 293 to Clayton County ) Replace walkways at Confederate Cemetery. (LAG # 294 to Gwinnett County BOE ) Construct Physical/Health Ed. Classroom for Grayson High School. (LAG # 295 to Madison County ) Fund soil testing study. (LAG # 296 to Madison County ) Purchase two sheriff's cars. (LAG # 297 to Jackson County ) Purchase compressor for the South Jackson Volunteer Fire Dept. (LAG # 298 to Stephens County ) Fund the Recovery Academy. (LAG # 299 to Habersham County ) Regional Welcome Center at Tallulah Falls. (LAG # 300 to City of Demorest ) Cover ice storm damages. (LAG # 301 to Hart County ) Develop Hart County Historic Park. (LAG # 302 to Floyd County ) Reconstruct the Roman Arches for the Rome Area Council for the Arts. (LAG # 303 to Floyd County ) Construct indoor movement facility at McHenry Primary School. (LAG # 304 to Floyd County ) Improve and operate Chieftains Museum. (LAG # 305 to Floyd County ) Resurface track at Pepperell High School. (LAG # 306 to Floyd County ) Purchase SWAT response vehicle. (LAG # 307 to Floyd County ) Renovate the Rome History Museum. (LAG # 308 to Chattooga County ) Repair the Sublyna Community Center. (LAG # 309 to Catoosa County ) Repair Ringgold Depot and grounds. (LAG # 310 to Dade County ) Repair roof of community center. (LAG # 311 to Whitfield County ) Fund operations of the Praters Mill historic site. (LAG # 312 to Dekalb County ) Purchase materials for the Scottdale Child Development and Family Resources Ctr. Literacy Program. (LAG # 313 to Fulton County ) Develop multi-age playground. (LAG # 314 to City of Roswell ) Finish construction on new facilities at the Chattahoochee Nature Reserve. (LAG # 315 to City of Columbus) To assist with GED programs. (LAG # 316 to City of Atlanta) Operating funding for impaired vision program for blind babies.

$50,000
$25,000 $25,000 $10,000 $10,000 $10,000
$25,000 $10,000 $100,000
$60,000 $50,000 $25,000
$20,000 $50,000
$7,500 $10,000 $70,000
$75,000
$25,000 $25,000 $50,000 $50,000 $18,000 $15,000 $15,000 $25,000 $14,823
$50,000 $100,000
$15,000 $10,000

4262

JOURNAL OF THE SENATE

(LAG # 317 to Pulaski County Board of Education) To provide for infrastructure improvements for Pulaski County Board of Education.

$150,000

Regional Services

The purpose is to assist in the marketing, development, and implementation of housing, community and economic development projects and services and to award grants from the Local Development Fund.

Total Funds

$2,135,934

State Funds

$2,135,934

State General Funds

$2,135,934

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,096,517 $3,096,517

Annualize the cost of the FY2006 salary adjustment.

$13,371

$13,371

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$17,661

$17,661

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$25,390

$25,390

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,114

$4,114

Increase the number of Signature Community grantees from 5 to 7 to assist additional local governments in implementing their comprehensive plan initiatives.

$100,000 $100,000

Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES)

($1,627)

($1,627)

Transfer the Signature Community Program funds of $250,000 from the Coordinated Planning program to the Regional Services program. (CC:YES)

$250,000 $250,000

Add 1 position and travel expenses to implement economic development strategies in rural Georgia.

$110,508 $110,508

Enhance funds for the Local Development Fund from $1.5 million to $5 million.

$3,500,000 $3,500,000

Provide funds for a boundary study of Doraville, Chamblee and the proposed City of Dunwoody.

$20,000

$20,000

Transfer funds to Local Assistance Grants.

($5,000,000) ($5,000,000)

Amount appropriated in this Act

$2,135,934 $2,135,934

THURSDAY, MARCH 30, 2006

4263

Rental Housing Programs

The purpose is to provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing Choice Program.

Total Funds

$62,831,215

Federal and Other Funds

$59,543,386

Federal Funds Not specifically Identified

$56,546,807

Agency Funds

$2,996,579

State Funds

$3,287,829

State General Funds

$3,287,829

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,287,829 $62,831,215

Amount appropriated in this Act

$3,287,829 $62,831,215

Research and Surveys

The purpose is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute.

Total Funds

$651,130

State Funds

$651,130

State General Funds

$651,130

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$667,698 $667,698

Annualize the cost of the FY2006 salary adjustment.

$5,125 $5,125

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$6,292 $6,292

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$9,045 $9,045

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,466 $1,466

Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES)

($38,496) ($38,496)

Amount appropriated in this Act

$651,130 $651,130

4264

JOURNAL OF THE SENATE

Special Housing Initiatives The purpose is to provide funds for Special Housing Initiatives. Total Funds Federal and Other Funds
Other Funds State Funds
State General Funds

$4,505,351 $1,172,459 $1,172,459 $3,332,892 $3,332,892

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Change the name "Payments to the State Housing Trust Fund" program back to its original name: "Special Housing Initiatives". (CC:YES)

$3,032,892

$4,205,351

Provide grants for accessibility improvements at owneroccupied homes in which an individual with a physical disability resides.

$300,000

$300,000

Amount appropriated in this Act

$3,332,892

$4,505,351

State Community Development Programs

The purpose is to assist Georgia cities, small towns and neighborhoods in the development of their core commercial areas and champion new development opportunities for rural Georgia.

Total Funds

$1,232,550

State Funds

$1,232,550

State General Funds

$1,232,550

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$1,190,051

$1,190,051

Annualize the cost of the FY2006 salary adjustment.

$9,512

$9,512

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$12,556

$12,556

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$18,048

$18,048

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,925

$2,925

THURSDAY, MARCH 30, 2006

4265

Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES)
Amount appropriated in this Act

($542) $1,232,550

($542) $1,232,550

State Economic Development Program

To facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants.

Total Funds

$9,790,911

Federal and Other Funds

$11,887

Federal Funds Not specifically Identified

$11,887

State Funds

$9,779,024

State General Funds

$9,779,024

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$4,201,762

$4,213,649

Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES)

($182)

($182)

Provide an enhancement to the State Economic Development

$0

$0

program for critical economic development projects.

Provide funding to expand the Life Sciences Facilities Fund for investment in entrepreneur-led startup businesses to promote job growth in Georgia's bioscience industry.

$5,000,000

$5,000,000

Add 1 economic development program manager position to work with state agency partners on life sciences and strategic industries loans.

$77,444

$77,444

Provide funding to the Georgia Cities Foundation.

$500,000

$500,000

Amount appropriated in this Act

$9,779,024

$9,790,911

The following appropriations are for agencies attached for administrative purposes.

Payments to Georgia Environmental Facilities Authority

The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant

Total Funds

$6,587,917

Federal and Other Funds

$2,135

Other Funds

$2,135

4266

JOURNAL OF THE SENATE

State Funds State General Funds

$6,585,782 $6,585,782

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$700,000

$700,000

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$0

$2,135

Provide required match funds for the State Energy program.

$200,000

$200,000

Provide 1.5 positions and funding to develop the state's energy management capability to reduce cost and usage of energy through improved procurement strategies, data collection and efficient consumption strategies.

$500,000

$500,000

Provide annual State of Georgia dues to the Southern States Energy Board.

$35,782

$35,782

Provide grant funds for local governments in the Governor's Land Conservation program. (CC:To include a land conservation position.)

$5,000,000

$5,000,000

Provide additional contract funds to the Georgia Rural Water Association.

$150,000

$150,000

Amount appropriated in this Act

$6,585,782

$6,587,917

Payments to Georgia Regional Transportation Authority The purpose is to improve Georgia's mobility, air quality, and land use practices. Total Funds State Funds
State General Funds

$4,570,617 $4,570,617 $4,570,617

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$4,360,581

$4,360,581

Annualize the cost of the FY2006 salary adjustment.

$33,417

$33,417

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$35,154

$35,154

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$50,537

$50,537

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$3,717

$3,717

THURSDAY, MARCH 30, 2006

4267

Decrease personal services funding in the Mitigation/Land Use Planning program to reflect the transfer of a position to the Transportation Project Planning program.
Provide funding for 1 position in the Transit Implementation program to coordinate transit services and policy.
Amount appropriated in this Act

($2,897)
$90,108 $4,570,617

($2,897)
$90,108 $4,570,617

Payments to OneGeorgia Authority The purpose is to provide funds for the OneGeorgia Authority. Total Funds Federal and Other Funds
Other Funds State Funds
Tobacco Funds

$47,385,364 $262,031 $262,031
$47,123,333 $47,123,333

Payments to State Housing Trust Fund
The purpose is to provide temporary shelter, permanent housing, and essential services to homeless individuals and households, and provide affordable housing to persons with special needs.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$3,032,892

$4,205,351

Change the name "Payments to the State Housing Trust Fund" program back to its original name: "Special Housing Initiatives".

($3,032,892)

($4,205,351)

Amount appropriated in this Act

$0

$0

Section 17: Community Health, Department of Total Funds Federal and Other Funds
Agency Funds Other Funds Medical Assistance Program Indigent Care Trust Fund - Public Hospital Authorities State Children's Insurance Program State Funds Tobacco Funds State General Funds

$10,434,220,659 $5,292,063,552
$2,532,160 $166,598,082 $4,773,739,347 $158,537,322 $190,656,641 $2,379,182,299 $55,944,361 $2,323,237,938

4268

JOURNAL OF THE SENATE

Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies

$2,762,974,808 $2,430,674,325
$332,300,483

This paragraph applies to and only to the appropriations for the "MEDICAID: LOW-INCOME MEDICAID" and MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department of Community Health. The appropriation of a particular fund source for each program is the amount stated plus up to an additional amount of 2 percent (2%) of the amount stated. However, if the additional authority is used, the appropriation of the same fund source for the other program to that agency is reduced in the same amount, such that the stated total in program appropriations from that fund source for the two programs is not exceeded. However, the additional amount must be from a fund source which is lawfully available for the program to which it is added.

Administration To provide administrative support to all departmental programs. Total Funds Federal and Other Funds
Agency Funds Other Funds Medical Assistance Program State Children's Insurance Program State Funds State General Funds Intra-State Government Transfers Health Insurance Payments

$337,474,942 $255,432,480
$232,160 $14,130,000 $232,918,218
$8,152,102 $62,802,199 $62,802,199 $19,240,263 $19,240,263

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to

State Funds Total Funds

$62,221,212 $308,047,110

$118,261

$299,887

$99,248

$288,976

$157,806

$297,747

$10,684

$22,354

$194,988

$258,868

THURSDAY, MARCH 30, 2006

4269

16.713%.
Fund the following contract costs. a) Enrollment Broker for Georgia Healthy Families (GHF) (Total Funds: $17,422,256; State Funds: $8,711,128) b) DHR contract Right from the Start Medicaid (RSM) (Total Funds: $7,600,000; State Funds: $3,800,000) c) Eligibility Review contract (Total Funds: $3,237,744; State Funds: $1,618,872)
Use savings generated from Medicaid efficiencies (Medicaid Benefit Prior Reserves) to fully fund additional contract needs.
Properly align fund sources.
By December 1, 2006, the department shall conduct an analysis of Medicaid Buy-In programs operational in other states and shall recommend a cost-effective Medicaid Buy-In program that would allow working Georgians with disabilities to receive healthcare through Medicaid. (CC:YES)
Any data warehouse system with decision support and executive information capabilities will be a single procurement that will include enterprise business intelligence capabilities with the minimum addition of Medicaid applicable data sets from the Georgia Department of Community Health and the Georgia Department of Human Resources. (CC:YES)
Amount appropriated in this Act

$14,130,000 $28,260,000

($14,130,000)

$0

$0

$0

$0

$0

$0

$0

$62,802,199 $337,474,942

Health Care Access and Improvement To improve the health, wellness and access to healthcare for Georgians. Total Funds Federal and Other Funds
Agency Funds Medical Assistance Program State Funds State General Funds

$11,999,455 $649,838 $100,000 $549,838
$11,349,617 $11,349,617

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,786,551

$6,436,389

Annualize the cost of the FY2006 salary adjustment.

$18,567

$18,567

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,050

$1,050

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$14,656

$14,656

4270

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Properly align fund sources.
Provide funds to upgrade the cancer treatment center at Oconee Medical Center.
Provide one-time funding to the Georgia Association for Primary Health Care to establish a statewide EMR system to link the federally qualified Community Health Centers.
Provide additional funds to support the Georgia Statewide Area Health Education Center (AHEC) Network.
Provide funds for the Southwest Georgia Cancer Coalition.
Support the operation of Hughes Spalding Children's Hospital. (CC:Transferred from Indigent Care Trust Fund.)
Provide funds to the Georgia Cancer Coalition from the Renewal of Breast Cancer car tags.
Add one operating room to the total number of Certificate of Need permitted operating rooms for each Level One Trauma Center. (CC:YES)
Amount appropriated in this Act

$28,793
$0 $150,000 $750,000
$150,000 $200,000 $3,750,000 $500,000
$0
$11,349,617

$28,793
$0 $150,000 $750,000
$150,000 $200,000 $3,750,000 $500,000
$0
$11,999,455

Indigent Care Trust Fund

To support rural and other healthcare providers, primarily hospitals, that serves medically indigent Georgians.

Total Funds

$795,216,715

Federal and Other Funds

$649,716,080

Agency Funds

$2,200,000

Medical Assistance Program

$488,978,758

Indigent Care Trust Fund - Public Hospital Authorities

$158,537,322

State Funds

$145,500,635

State General Funds

$145,500,635

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $368,267,504

Support the operation of Hughes Spalding Children's Hospital. (CC:Transfer to Health Care Access and Improvement program.)

$0

$0

Provide funds to replace Disproportionate Share Hospital payments used for Right from the Start Medicaid eligibility services performed by the Department of Human Resources.

$0 ($7,600,000)

THURSDAY, MARCH 30, 2006

4271

Appropriate Quality Assessment fee revenues to support care management.
Replace Indigent Care Trust Funds for Right from the Start Medicaid services for pregnant women and children.
Adjust funding to reflect projected by Disproportionate Share Hospitals for uncompensated services to medically indigent Georgians.

$145,500,635 $377,825,591 $0 ($57,128,020) $0 $108,138,838

Reflect projected revenue from ambulance fees used to make payments to ambulance Providers in the Medicaid Program. Properly align fund sources. Amount appropriated in this Act

$0
$0 $145,500,635

$5,712,802
$0 $795,216,715

Aged, Blind, and Disabled Medicaid To improve healthcare access primarily to elderly and disabled individuals. Total Funds Federal and Other Funds
Other Funds Medical Assistance Program State Funds State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies

$3,836,979,719 $2,593,889,527
$72,641,804 $2,521,247,723
$944,337,320 $944,337,320 $298,752,872 $298,752,872

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$897,259,297 $3,586,371,934

Replace Tobacco Funds with State Funds to support Independent Care Waiver Slots.

$0

$0

Fund a monthly supplement of $20 to be used by nursing home residents who receive Supplemental Security Income to purchase personal items such as shampoo and toothpaste. (CC:Fund a monthly supplement of $20 to be used by all persons in nursing homes, as well as those in the hospice program in nursing home settings, remainder in DHR.)

$2,288,002

$2,288,002

Update nursing home reimbursement rates to the FY 2005 cost reports. (CC:Governor's position.)

$20,030,472 $52,013,690

Reduce Medicaid costs generated in the Aged, Blind and Disabled populations through the provision of better business practices to ensure that the member receives the

($25,038,336) ($65,017,751)

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JOURNAL OF THE SENATE

right services, at the right time and the right cost. (CC:Reduce Medicaid Benefit costs by implementing an Administrative Services Organization model as a gatekeeper.)
Fund the projected growth in Medicaid Benefits. (CC:Assume 5.5% growth.)

$105,181,780 $344,856,262

Provide funds to replace Upper Payment Limit funds for Medicaid Benefit services.
Reduce Medicaid Benefit costs by eliminating selfdeclaration of income and implementing a centralized thirdparty verification of income and assets for both enrollment and re-enrollment. (CC:Governor's position.)
Reflect an increase in the Federal Funds participation rate.
Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider overpayment. (CC:For years of service FY02-FY05.)
Realize savings from Medicaid efficiencies (Medicaid Benefit Prior Year Reserves). (CC:Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts Receivable Balances.)
Additional cost associated with savings estimates for FY 2006 budget cuts that will not be realized for Disease Management, Emergency Room Pilot Expansion and the transfer of nursing home residents to the SOURCE program. (State Funds: $6,150,348) (Total Funds: $15,594,188)
Properly align fund sources.
Add 152 new slots to the Independent Care Waiver Program (ICWP) for Disabilities and Traumatic Brain Injuries. (CC:10 slots annualized from HB 1026 and 142 new slots.)
Amount appropriated in this Act

$90,000,000 ($1,726,671) ($6,250,000) ($16,229,551)

($36,545,869)

$0

($26,229,750) ($68,111,529)

($79,645,233) ($6,000,000)

$0

$0

$0 $3,286,957

$0 $8,535,333

$944,337,320 $3,836,979,719

Low-Income Medicaid To improve healthcare access primarily to low-income individuals. Total Funds Federal and Other Funds
Other Funds Medical Assistance Program State Funds Tobacco Funds

$2,501,610,038 $1,463,350,336
$79,826,278 $1,383,524,058 $1,004,712,091
$50,973,656

THURSDAY, MARCH 30, 2006

4273

State General Funds Intra-State Government Transfers
Medicaid Services Payments - Other Agencies

$953,738,435 $33,547,611 $33,547,611

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,085,234,722 $2,631,014,671

Transfer State Funds from the Department of Human

$17,178,027

$0

Resources Community Services Adult program to the

Department of Community Health Low-Income Medicaid

program to implement Georgia Healthy Families which

serves Medicaid clients who receive mental health services.

(CC:Change in CMO implementation dates for the six

regions in the state.)

Provide funds to replace Indigent Care Trust Funds for Right from the Start Medicaid services for pregnant women and children.

$22,000,000

$57,128,019

Fund the cost to move from a cash basis to an accrual basis budget in order to make capitation payments to Care Management Organization (CMO) providers.

$102,514,604 $266,202,555

Fund Medicaid costs associated with the expansion of the newborn screening program administered by the Department of Human Resources. (CC:Reflect change in implementation date from July 2006 to January 2007.)

$449,192

$1,166,429

Fund the projected growth in Medicaid Benefits. (CC:Assume 5.5% growth.)

$109,429,858 $284,159,590

Provide funds to replace Upper Payment Limit funds for

$55,243,078

$0

Medicaid Benefit services.

Reduce Medicaid Benefit costs by eliminating selfdeclaration of income and implementing a centralized thirdparty verification of income and assets for both enrollment and re-enrollment. (CC:Governor's position.)

($18,750,000) ($48,688,652)

Realize savings from Medicaid efficiencies (Medicaid

($79,093,788)

$0

Benefit Prior Year Reserves).

Reflect an increase in the Federal Funds participation rate.

($24,016,224)

$0

Reflect savings from CMO implementation.

($78,459,736) ($203,738,603)

Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider overpayment. (CC:For years of service FY02-FY05.)

($44,363,597) ($115,200,200)

Reflect savings from Medicaid efficiencies (Care Management Quality Assessment Fee).

($145,500,635) ($377,825,591)

4274

JOURNAL OF THE SENATE

Properly align fund sources.
Provide dental coverage for pregnant women, limited to these codes: 0120, 0150, 0180, 1204, 0110, 2330 - 2332, 2140, 2150, 2160, 2161, 2335, 2391 - 2394, 4240, 4241, 4910, 4341, 4342, 7286, 9110, and 9215.
Increase reimbursement rate for Health Checks for Children ages 0 to 8. (CC:Increase rate to $67.38 within the CMO contracts.)
Reduce funds for the newborn screening due to the CMO delay. (CC:Reduction of $549,192 in expansion item.)
Increase the reimbursement rate to $62.53 for Speech Therapy Visits, Code 92507.
Amount appropriated in this Act

$0 $2,500,000

$0 $6,491,820

$0

$0

$0

$0

$346,590

$900,000

$1,004,712,091 $2,501,610,038

Nursing Home Provider Fees

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

Total Funds

$245,807,928

Federal and Other Funds

$146,520,752

Medical Assistance Program

$146,520,752

State Funds

$99,287,176

State General Funds

$99,287,176

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$100,229,284 $248,196,640

Reflect projected nursing home provider fee revenue.

($942,108) ($2,388,712)

Amount appropriated in this Act

$99,287,176 $245,807,928

PeachCare To improve access to healthcare for qualified low-income Georgia children. Total Funds Federal and Other Funds
State Children's Insurance Program State Funds
Tobacco Funds State General Funds

$249,664,212 $182,504,539 $182,504,539
$67,159,673 $4,970,705
$62,188,968

THURSDAY, MARCH 30, 2006

4275

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$67,159,673 $241,496,714

Reflect an increase in the Federal Funds participation rate.

$0

$8,167,498

Restore the dental codes cut in the fiscal year 2006 budget in

$0

$0

the PeachCare dental budget using funds already included in

the CMO rates as members move into risk-based managed

care. (CC:YES)

Amount appropriated in this Act

$67,159,673 $249,664,212

State Health Benefit Plan

To provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees and utilization. It is the intent of this General Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for Fiscal Year 2007 shall not exceed 16.713%.

Total Funds

$2,411,434,062

Intra-State Government Transfers

$2,411,434,062

Health Insurance Payments

$2,411,434,062

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $1,959,882,468

Reflect projected revenue from increasing the State Health Benefit Plan Employer Premium in FY 2007.

$0 $206,991,162

Reflect an adjustment in Other Funds to comply with program budgeting.

$0 $244,560,432

The Department of Community Health and Board of Regents shall

$0

$0

offer a Health Reimbursement Arrangement (HRA) for every

SHBP participant and fund a Health Incentive Account (HIA) that

rewards changed behaviors of plan participants that have

demonstrated savings. (CC:The Department shall conduct a study

of potential savings to the State Health Benefit Plan and the Board

of Regents Health Plan by offering a Health Reimbursement

Arrangement (HRA) for every SHBP participant and fund a Health

Incentive Account (HIA) that rewards changed behaviors of plan

participants that have demonstrated savings.)

Remove prior approval for Omeprazole OTC as the only PPI paid

$0

$0

for in the SHBP and Board of Regents Plan. (CC:The Department

shall conduct a study of potential savings to the State Health

Benefit Plan and the Board of Regents Health Plan not requiring

4276

JOURNAL OF THE SENATE

prior approval for any proton pump inhibitor (PPI) if a drug manufacturer of said PPI provides a total net price including rebates and discounts which is equal to or less than the total net price of over-the-counter Omeprazole.)
Amount appropriated in this Act

$0 $2,411,434,062

The following appropriations are for agencies attached for administrative purposes.

Composite Board of Medical Examiners

To protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia.

Total Funds

$2,202,555

State Funds

$2,202,555

State General Funds

$2,202,555

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,135,705 $2,135,705

Annualize the cost of the FY2006 salary adjustment.

$17,115

$17,115

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$15,693

$15,693

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$30,446

$30,446

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,596

$1,596

Reduce funding for telecommunications.

($3,000)

($3,000)

Fund 20 additional peer reviews annually in order to respond to consumer complaints related to physician care.

$5,000

$5,000

Amount appropriated in this Act

$2,202,555 $2,202,555

Georgia Board for Physician Workforce, Administration To provide administrative support to all agency programs. Total Funds State Funds
State General Funds

$559,455 $559,455 $559,455

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4277

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Amount appropriated in this Act

State Funds $533,241 $5,747 $13,261
$359
$6,847
$559,455

Total Funds $533,241 $5,747 $13,261
$359
$6,847
$559,455

Georgia Board for Physician Workforce, Graduate Medical Education

To address the physician workforce needs of Georgia communities through the support and development of medical education programs.

Total Funds

$6,712,223

State Funds

$6,712,223

State General Funds

$6,712,223

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,501,965 $6,501,965

Provide funds for two additional slots in the Pediatric Residency Program at the Medical Center of Central Georgia.

$36,579

$36,579

Fund a 4% increase in the capitation rates for the Family Practice Residency program ($159,280) and Pediatrics Residency program ($72,291). (CC:3% increase.)

$173,679

$173,679

Amount appropriated in this Act

$6,712,223 $6,712,223

Georgia Board for Physician Workforce, Mercer School of Medicine

The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Mercer University School of Medicine.

Total Funds

$19,060,862

State Funds

$19,060,862

State General Funds

$19,060,862

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4278

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85) Increase operating grant. Amount appropriated in this Act

State Funds $17,960,862
$1,100,000 $19,060,862

Total Funds $17,960,862
$1,100,000 $19,060,862

Georgia Board for Physician Workforce, Morehouse School of Medicine

The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Morehouse School of Medicine.

Total Funds

$10,547,293

State Funds

$10,547,293

State General Funds

$10,547,293

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$10,141,628 $10,141,628

Increase operating grant.

$405,665

$405,665

Amount appropriated in this Act

$10,547,293 $10,547,293

Georgia Board for Physician Workforce, Undergraduate Medical Education

To ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia.

Total Funds

$3,538,484

State Funds

$3,538,484

State General Funds

$3,538,484

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,428,706 $3,428,706

Fund a 4% increase in the capitation rates for the Georgia Medical Student program. (CC:3% increase.)

$109,778

$109,778

Amount appropriated in this Act

$3,538,484 $3,538,484

State Medical Education Board

To ensure an adequate supply of physicians in rural areas of the state; and to provide a program of aid to promising medical students.

Total Funds

$1,412,716

THURSDAY, MARCH 30, 2006

4279

State Funds State General Funds

$1,412,716 $1,412,716

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,352,788 $1,352,788

Annualize the cost of the FY2006 salary adjustment.

$2,608

$2,608

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$3,872

$3,872

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$172

$172

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$3,276

$3,276

Increase the contract ($15,000) with the Georgia Student Finance Commission for monitoring of outstanding loan repayment collections; increase funding for the Medical Fair ($20,000); and provide additional funds ($15,000) for physicians seeking to practice in rural Georgia by assisting with medical debt payments.

$50,000

$50,000

Amount appropriated in this Act

$1,412,716 $1,412,716

Section 18: Corrections, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$1,024,846,682 $27,089,988 $6,124,479 $20,965,509 $997,756,694
$997,756,694 $0

Administration

To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system.

Total Funds

$60,859,392

Federal and Other Funds

$1,836,000

Federal Funds Not specifically Identified

$1,836,000

State Funds

$59,023,392

State General Funds

$59,023,392

4280

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($150,000), fuel storage tank maintenance ($220,000) and food services ($1,060,905). (CC:Keep Pike open)
Realign Personal Services to more accurately reflect projected program expenditures.
Transfer 1 position to the Georgia Peace Officer Standards and Training Council.
Provide additional funding to reflect annualized cost of 4 Day Reporting Centers opened in FY 2006. (CC:Annualize the costs using existing funds)
Provide additional funding to reflect annualized cost of the Special Education program.
Realign contract funds to more accurately reflect projected program expenditures.
Eliminate special education program startup funds.
Eliminate the Bar Association Support to Improve Correctional Services (BASICS) program.
Reduce Administration Program by 13%. (CC:Reduce Administration by $3,000,000)
Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Correctional Officer, Probation Officer 1, and Probation Officer 2.
Amount appropriated in this Act

State Funds $53,012,017
$257,660 $444,366 $193,062 $567,864
$104,921 $0
$2,513,950 ($43,499) $0
$12,528 ($214,569)
($6,300) ($100,000) ($3,000,000) $5,281,392
$59,023,392

Total Funds $54,848,017
$257,660 $444,366 $193,062 $567,864
$104,921 $0
$2,513,950 ($43,499) $0
$12,528 ($214,569)
($6,300) ($100,000) ($3,000,000) $5,281,392
$60,859,392

THURSDAY, MARCH 30, 2006

4281

Bainbridge PSATC

To provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision.

Total Funds

$4,718,134

Federal and Other Funds

$27,789

Federal Funds Not specifically Identified

$20,743

Agency Funds

$7,046

State Funds

$4,690,345

State General Funds

$4,690,345

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,226,673

$3,254,462

Annualize the cost of the FY2006 salary adjustment.

$23,298

$23,298

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$30,549

$30,549

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$39,040

$39,040

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$6,226

$6,226

Realign Personal Services to more accurately reflect projected program expenditures.

($51,930)

($51,930)

Provide start-up funding ($797,339) and 3 months operating ($770,106) for the Bainbridge Probation Substance Abuse Treatment Center's 192 bed expansion.

$1,389,359

$1,389,359

Realign contract funds to more accurately reflect projected program expenditures.

$27,130

$27,130

Amount appropriated in this Act

$4,690,345

$4,718,134

Compensation per General Assembly Resolutions

To fund HR108 of the 2005 session.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$512,377

$512,377

Remove Inmate Compensation funds originally appropriated in FY2006 in accordance with House Resolution 108.

($512,377)

($512,377)

Amount appropriated in this Act

$0

$0

4282

JOURNAL OF THE SENATE

Detention Centers

To provide a sanctioning option for probationers who require more security or supervision than provided by the regular community supervision or a diversion center.

Total Funds

$43,877,307

Federal and Other Funds

$2,253,433

Federal Funds Not specifically Identified

$1,063,318

Agency Funds

$1,190,115

State Funds

$41,623,874

State General Funds

$41,623,874

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$43,455,859 $47,166,724

Annualize the cost of the FY2006 salary adjustment.

$339,660

$339,660

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$507,875

$507,875

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$649,025

$702,741

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$90,227

$90,227

Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). (CC:YES)

$0 ($1,140,301)

Redistribute funds from conversion of a Probation Detention Center to a State Prison Unit. (CC:YES)

($2,010,646)

($2,062,294)

Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. (CC:YES)

($1,943,378)

($2,262,577)

Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES)

$535,252

$535,252

Amount appropriated in this Act

$41,623,874 $43,877,307

Food and Farm Operations

To raise crops and livestock, and produce dairy items used in preparing meals for offenders.

Total Funds

$12,650,465

Federal and Other Funds

$67,000

Federal Funds Not specifically Identified

$22,000

Agency Funds

$45,000

State Funds

$12,583,465

State General Funds

$12,583,465

THURSDAY, MARCH 30, 2006

4283

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$12,407,740 $12,624,465

Annualize the cost of the FY2006 salary adjustment.

$44,604

$44,604

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$65,256

$65,256

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$83,392

$83,392

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$24,150

$24,150

Transfer funds from closing a Probation Detention Center to

$0

$0

Inmate Release Funds ($150,000), fuel storage tank

maintenance ($220,000) and food services ($1,060,905).

(CC:Keep Pike open)

Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES)

($41,677)

($41,677)

Reflect loss of other funds due to reduced participation in employee meal program. (CC:YES)

$0

($149,725)

Amount appropriated in this Act

$12,583,465 $12,650,465

Health

To provide the required constitutional level of health care to the inmates of the correctional system in the most cost effective and humane manner possible.

Total Funds

$184,488,247

Federal and Other Funds

$8,464,209

Agency Funds

$8,464,209

State Funds

$176,024,038

State General Funds

$176,024,038

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$151,543,143 $160,007,352

Annualize the cost of the FY2006 salary adjustment.

$155,401

$155,401

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$183,267

$183,267

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$234,201

$234,201

4284

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$306,085

Provide start-up ($754,464) and 2 months of operating funds ($427,924) for a 192 bed expansion at Calhoun State Prison to reduce county jail backlogs and meet increased capacity needs.

$134,359

Provide start-up funding ($797,339) and 3 months operating ($770,106) for the Bainbridge Probation Substance Abuse Treatment Center's 192 bed expansion.

$178,086

Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES)

($402,267)

Provide operating funds for 768 beds at 4 vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs.

$3,010,233

Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs.

$3,595,500

Provide start-up ($1,642,319) and 5 months of operating funds ($2,595,608) for a 525 bed expansion at Johnson State Prison to reduce county jail backlogs and meet increased capacity needs.

$883,973

Provide increased funding for inmate mental health care ($630,101), dental health care ($63,634) and county correctional institutions' health care ($115,053).

$808,788

Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs.

$5,279,374

Provide additional funding for Health Services Purchases.

$9,613,895

Provide funding for Hepatitis B immunization.

$500,000

Amount appropriated in this Act

$176,024,038

$306,085 $134,359 $178,086 ($402,267) $3,010,233 $3,595,500 $883,973
$808,788 $5,279,374 $9,613,895
$500,000 $184,488,247

Jail Subsidy

To reimburse counties for the costs of incarcerating state prisoners in their local facilities.

Total Funds

$4,798,492

State Funds

$4,798,492

State General Funds

$4,798,492

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,653,491 $12,154,999

Reduce funding for County Subsidy for Jails to reflect reduction in county jail backlog.

($4,854,999) ($4,854,999)

THURSDAY, MARCH 30, 2006

4285

Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). (CC:YES)
Amount appropriated in this Act

$0 $4,798,492

($2,501,508) $4,798,492

Offender Management To provide cost effective correctional services that ensures public safety. Total Funds State Funds
State General Funds

$44,243,248 $44,243,248 $44,243,248

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$44,118,606 $44,118,606

Annualize the cost of the FY2006 salary adjustment.

$36,266

$36,266

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$47,709

$47,709

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$60,969

$60,969

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$84,396

$84,396

Transfer funds from closing a Probation Detention Center to

$0

$0

Inmate Release Funds ($150,000), fuel storage tank

maintenance ($220,000) and food services ($1,060,905).

(CC:Keep Pike open)

Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES)

($104,698)

($104,698)

Amount appropriated in this Act

$44,243,248 $44,243,248

Parole Revocation Centers To provide a sanction for parole violations. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds State Funds State General Funds

$4,035,906 $59,648 $10,510 $49,138
$3,976,258 $3,976,258

4286

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,835,308

$3,894,956

Annualize the cost of the FY2006 salary adjustment.

$34,514

$34,514

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$44,704

$44,704

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$57,128

$57,128

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$7,451

$7,451

Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES)

($2,847)

($2,847)

Amount appropriated in this Act

$3,976,258

$4,035,906

Private Prisons To provide a cost effective correctional service that ensures public safety. Total Funds State Funds
State General Funds

$76,785,722 $76,785,722 $76,785,722

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$72,518,200 $72,518,200

Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and 470 additional inmates.

$4,267,522

$4,267,522

(CC:YES;For 3.5% CPI increase and 470 additional beds)

Amount appropriated in this Act

$76,785,722 $76,785,722

Probation Diversion Centers

To provide a residential sentencing option that allows offenders to continue to work in the community while receiving close supervision from corrections officials.

Total Funds

$14,755,843

Federal and Other Funds

$2,812,861

Agency Funds

$2,812,861

State Funds

$11,942,982

State General Funds

$11,942,982

THURSDAY, MARCH 30, 2006

4287

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$12,784,156 $16,172,848

Annualize the cost of the FY2006 salary adjustment.

$150,226

$150,226

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$154,989

$154,989

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$198,063

$251,779

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$30,938

$30,938

Redistribute funds from conversion of 2 Probation Diversion Centers to Transition Centers. (CC:YES)

($1,624,714)

($2,054,261)

Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). (CC:YES)

$0

($200,000)

Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES)

$249,324

$249,324

Amount appropriated in this Act

$11,942,982 $14,755,843

Probation Supervision To supervise probationers. Total Funds State Funds
State General Funds

$72,645,537 $72,645,537 $72,645,537

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$68,632,697 $68,632,697

Annualize the cost of the FY2006 salary adjustment.

$542,619

$542,619

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$871,984

$871,984

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$1,114,327

$1,114,327

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$131,290

$131,290

Provide state operating funds for the Griffin Day Reporting Center to replace inmate telephone commission funds no longer available. (CC:YES)

$250,000

$250,000

4288

JOURNAL OF THE SENATE

Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES)
Provide additional funding to reflect annualized cost of 4 Day Reporting Centers opened in FY 2006. (CC:YES)
Provide funding to replace outdated ballistic vests used for Probation and Surveillance Officers.
Amount appropriated in this Act

($122,728) $1,026,148
$199,200 $72,645,537

($122,728) $1,026,148
$199,200 $72,645,537

State Prisons

To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment.

Total Funds

$477,265,962

Federal and Other Funds

$11,569,048

Federal Funds Not specifically Identified

$3,171,908

Agency Funds

$8,397,140

State Funds

$465,696,914

State General Funds

$465,696,914

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$431,214,343 $442,582,200

Annualize the cost of the FY2006 salary adjustment.

$3,648,991

$3,648,991

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$5,116,336

$5,116,336

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$6,538,276

$6,699,425

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$846,634

$886,676

Redistribute funds from conversion of a Probation Detention Center to a State Prison Unit. (CC:YES)

$2,046,575

$2,046,575

Reflect loss of federal funds for purchase of dry milk powder and milk replacement products needed to feed inmates.

$416,759

$416,759

Realign Personal Services to more accurately reflect projected ($2,620,028) program expenditures. (CC:YES)

($2,620,028)

Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. (CC:YES)

$1,668,724

$1,668,724

THURSDAY, MARCH 30, 2006

4289

Provide start-up ($1,642,319) and 5 months of operating funds ($2,595,608) for a 525 bed expansion at Johnson State Prison to reduce county jail backlogs and meet increased capacity needs.

$3,353,954

Provide start-up ($754,464) and 2 months of operating funds ($427,924) for a 192 bed expansion at Calhoun State Prison to reduce county jail backlogs and meet increased capacity needs.

$1,048,028

Realign contract funds to more accurately reflect projected program expenditures. (CC:YES)

$187,439

Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs.

$898,509

Provide operating funds for 768 beds at 4 vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs.

$8,890,699

Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs.

$2,320,276

Provide additional funding to reflect annualized cost of the Special Education program.

$279,201

Eliminate special education program startup funds.

($205,802)

To provide funds to the Wilcox State Prison to purchase a generator, a transfer switch and installation. (CC:YES)

$48,000

To provide funds for door and window frame replacements at

$0

multiple locations and to fund security hardening at

Washington State prison. (CC:Fund through Bonds)

Amount appropriated in this Act

$465,696,914

$3,353,954
$1,048,028 $187,439 $898,509
$8,890,699 $2,320,276
$279,201 ($205,802)
$48,000 $0
$477,265,962

Transitional Centers

To provide "work release", allowing the inmate to obtain and maintain a paying job in the community while requiring him or her to conform to the structure of the center.

Total Funds

$23,722,427

State Funds

$23,722,427

State General Funds

$23,722,427

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$20,313,455 $20,313,455

Annualize the cost of the FY2006 salary adjustment.

$145,219

$145,219

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$223,931

$223,931

4290

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Redistribute funds from conversion of 2 Probation Diversion Centers to Transition Centers. (CC:YES)
Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs.
Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES)
Amount appropriated in this Act

$286,166
$38,858 $2,628,204
$38,945
$47,649 $23,722,427

Section 19: Defense, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$286,166
$38,858 $2,628,204
$38,945
$47,649 $23,722,427
$46,351,950 $37,536,486 $36,692,112
$844,374 $8,815,464 $8,815,464
$0

Administration To provide administration to the organized militia in the State of Georgia. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds

$1,111,222 $140,489 $140,489 $970,733 $970,733

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,275,222 $2,516,146

Annualize the cost of the FY2006 salary adjustment.

$5,593

$6,732

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$7,901

$7,901

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$15,268

$52,485

THURSDAY, MARCH 30, 2006

4291

Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Redistribute $173,000 in State funds from Defense Administration to Civil Support ($148,000) and Facilities Management ($25,000).
Transfer $1,166,525 from Administration to Military Readiness.
Amount appropriated in this Act

$6,274

$6,274

($173,000) ($173,000)

($1,166,525) ($1,305,316) $970,733 $1,111,222

Military Readiness

To provide a trained and ready military land force and air force that can be activated and deployed at the direction of the President or the Governor to insure the safety and well being of all citizens.

Total Funds

$36,257,401

Federal and Other Funds

$31,890,758

Federal Funds Not specifically Identified

$31,046,384

Agency Funds

$844,374

State Funds

$4,366,643

State General Funds

$4,366,643

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$475,776 $840,776

Annualize the cost of the FY2006 salary adjustment.

$23,106 $101,745

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$31,770

$31,770

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$29,732

$102,208

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$12,212

$12,212

Transfer the Facilities Management program to the Military Readiness program.

$2,254,499 $32,848,793

Transfer $1,166,525 from Administration to Military Readiness. $1,166,525 $1,305,316

Transfer the State Defense Force and Federal-State Joint Operations to the Military Readiness program.

$5,700 $347,258

Increase regular operating expenses ($44,353), telecommunications ($500), and per diem and fees ($23,470) to support the Georgia State Defense Force program.

$68,323

$68,323

Increase regular operating expenses to maintain additional facilities for the JSTARS unit at Robins Air Force Base. (Total funds: $400,000).

$100,000 $400,000

4292

JOURNAL OF THE SENATE

Redistribute $173,000 in State funds from Defense Administration to Military Readiness.
Provide funds for two publications: two editions of Georgia Guardsman and the annual publication of Airlift Chronicle.
Amount appropriated in this Act

$173,000 $173,000

$26,000

$26,000

$4,366,643 $36,257,401

Youth Educational Services To provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds

$8,983,327 $5,505,239 $5,505,239 $3,478,088 $3,478,088

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$18,254

$47,433

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$26,600

$26,600

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$60,268

$207,177

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$24,758

$24,758

Create a Youth Educational Services program within the Department of Defense.

$0

$0

Transfer the Youth Challenge program and the Starbase program into a Youth Services Program.

$3,348,208 $8,677,359

Amount appropriated in this Act

$3,478,088 $8,983,327

Section 20: Driver Services, Department of Total Funds Federal and Other Funds
Other Funds State Funds
State General Funds Intra-State Government Transfers

$54,152,849 $721,456 $721,456
$53,431,393 $53,431,393
$0

THURSDAY, MARCH 30, 2006

4293

Customer Service Support

To administer License Issuance, Motor Vehicle Registration and Commercial Truck Compliance.

Total Funds

$8,777,916

Federal and Other Funds

$857

Other Funds

$857

State Funds

$8,777,059

State General Funds

$8,777,059

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,948,415 $4,948,415

Annualize the cost of the FY2006 salary adjustment.

$36,331

$36,331

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$49,148

$49,148

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$85,715

$86,572

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$9,093

$9,093

Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs.

($16,000) ($16,000)

Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services.

$3,664,357 $3,664,357

Amount appropriated in this Act

$8,777,059 $8,777,916

License Issuance

To issue Georgia drivers license renewals through alternative methods.

Total Funds

$40,595,531

Federal and Other Funds

$205,251

Other Funds

$205,251

State Funds

$40,390,280

State General Funds

$40,390,280

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$41,924,451 $42,124,451

Annualize the cost of the FY2006 salary adjustment.

$185,642 $185,642

4294

JOURNAL OF THE SENATE

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$301,129 $301,129

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$525,173

$530,424

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$55,712

$55,712

Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs.

($79,677) ($79,677)

Increase personal services by adding 35 examiner positions in the License Issuance program.

$945,665 $945,665

Fund complimentary Photo Identification cards to qualifying individuals.

$100,000 $100,000

Increase operating expenses to expand agency services available on the Internet.

$358,942 $358,942

Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services.

($4,826,757) ($4,826,757)

Increase funds to provide for a new Blue Ridge Customer Service Center.

$700,000 $700,000

Increase funds to renovate the Athens Customer Service Center. (CC:Renovate both the Athens and Newnan Customer Service Centers.)

$200,000 $200,000

Amount appropriated in this Act

$40,390,280 $40,595,531

Regulatory Compliance

To enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers.

Total Funds

$4,779,402

Federal and Other Funds

$515,348

Other Funds

$515,348

State Funds

$4,264,054

State General Funds

$4,264,054

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$291,000 $806,075

Annualize the cost of the FY2006 salary adjustment.

$28,497

$28,497

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$15,684

$15,684

THURSDAY, MARCH 30, 2006

4295

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Recognize additional revenues collected from fees to support driver's education (SB 226).
Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs.
Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services.
Provide additional funds for the Regulatory Compliance program for motorcycle safety education.
Amount appropriated in this Act
Section 21: Early Care and Learning, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified
Other Funds State Funds
Lottery Funds
State General Funds Intra-State Government Transfers

$27,353

$27,626

$2,902

$2,902

$2,756,218 $2,756,218

($20,000) ($20,000)

$1,162,400 $1,162,400

$0

$0

$4,264,054 $4,779,402

$422,657,470 $116,647,824 $116,492,824
$155,000 $306,009,646 $301,953,447
$4,056,199 $0

Child Care Services

To guide and assist child care learning facilities to provide safe, healthy, quality child care so that children experience optimum opportunities for learning and growth.

Total Funds

$7,665,219

Federal and Other Funds

$3,609,020

Federal Funds Not specifically Identified

$3,454,020

Other Funds

$155,000

State Funds

$4,056,199

State General Funds

$4,056,199

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,030,671 $7,620,926

4296

JOURNAL OF THE SENATE

Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Eliminate contract in the Child Care Services program.
Provide funds in per diem and fees ($5,460) and travel ($15,600) in the Child Care Services program for a new Board of Directors for the Department of Early Care and Learning.
Reflect $3,435,255 in base budget funds in Child Care Development Block Grant from Department of Human Resources.
Amount appropriated in this Act

$35,981 $60,640 $58,141
$14,706 ($165,000)
$21,060
$0
$4,056,199

$54,746 $60,640 $58,141
$14,706 ($165,000)
$21,060
$0
$7,665,219

Nutrition To ensure that eligible children and adults receive USDA compliant meals. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified

$90,000,835 $90,000,835 $90,000,835

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $88,000,835

Adjust program budgets and object classes to reflect actual budgets.

$0 $2,000,000

Amount appropriated in this Act

$0 $90,000,835

Pre-Kindergarten Program

To provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private providers throughout the state.

Total Funds

$302,621,270

Federal and Other Funds

$667,823

Federal Funds Not specifically Identified

$667,823

State Funds

$301,953,447

Lottery Funds

$301,953,447

THURSDAY, MARCH 30, 2006

4297

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$290,081,308 $290,749,131

Annualize the cost of the FY2006 salary adjustment.

$24,222

$24,222

Provide a 4% payraise for Pre-K teachers effective September 1, 2006 and a 4% payraise for lottery-funded staff effective January 1, 2007.

$5,965,254

$5,965,254

Expand the Work Sampling System Assessment statewide to improve the evaluation of Pre-kindergarten students' progress throughout the year.

$816,898

$816,898

Increase Pre-Kindergarten grants to fund 1,000 additional slots, bringing total Pre-K enrollment to 75,000.

$5,065,765 $5,065,765

Transfer $90,000 from contracts to personal services to increase

$0

$0

salaries for certified Pre-Kindergarten consultants to make them

more comparable to the state teacher salary schedule in the Pre-

Kindergarten program.

Reflect $113,953 in base budget funds in Child Care Development Block Grant from Department of Human Resources.

$0

$0

Amount appropriated in this Act

$301,953,447 $302,621,270

Quality Initiatives

To explore new ideas and help implement innovative strategies that focus on improving the quality of early education, child care, and nutrition for Georgia's children and families.

Total Funds

$22,370,146

Federal and Other Funds

$22,370,146

Federal Funds Not specifically Identified

$22,370,146

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $18,370,146

Adjust program budgets and object classes to reflect actual budgets.

$0 $4,000,000

Reflect $18,370,146 in base budget funds in Child Care Development Block Grant from Department of Human Resources.

$0

$0

Amount appropriated in this Act

$0 $22,370,146

4298

JOURNAL OF THE SENATE

Section 22: Economic Development, Department of Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$34,597,546 $20,244 $20,244
$34,577,302 $34,577,302
$0

Administration

To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state.

Total Funds

$6,423,946

State Funds

$6,423,946

State General Funds

$6,423,946

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,213,661 $6,213,661

Annualize the cost of the FY2006 salary adjustment.

$38,597

$38,597

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$38,429

$38,429

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$73,931

$73,931

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$12,011

$12,011

Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film , Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES)

$47,317

$47,317

Amount appropriated in this Act

$6,423,946 $6,423,946

Business Recruitment and Expansion

To provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia.

Total Funds

$7,011,795

State Funds

$7,011,795

State General Funds

$7,011,795

THURSDAY, MARCH 30, 2006

4299

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,783,664 $6,783,664

Annualize the cost of the FY2006 salary adjustment.

$37,431

$37,431

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$37,268

$37,268

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$71,697

$71,697

Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film , Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES)

($34,395)

($34,395)

Expand international trade and recruitment activities by increasing funding for contracts in the Business Recruitment and Expansion program to hire a contractor to focus on Southern Europe ($35,000) and to cover costs of trade missions ($15,000).

$50,000

$50,000

Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 2 project manager for the Innovation and Technology program ($79,356); 1 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protege associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). (CC:1 regional project manager in Regional Existing Business and 1 mentor protege associate )

$66,130

$66,130

Amount appropriated in this Act

$7,011,795 $7,011,795

Film, Video and Music

To increase industry awareness of Georgia business opportunities, infrastructure resources, and natural resources as it pertains to the film, video, and music industry.

Total Funds

$1,196,678

State Funds

$1,196,678

State General Funds

$1,196,678

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4300

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protege associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969).
Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film , Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES)
Change the name "Film, Music, and Video" program to "Film, Video, and Music. (CC:YES)
Provide funding to promote Georgia Film, Music, and Video. (CC:Designate $100,000 to be used for the Georgia Music Hall of Fame Authority to celebrate the upcoming 10th anniversary inductee ceremony.)
Amount appropriated in this Act

State Funds $1,012,337
$4,186 $4,168 $8,018 $85,969
($118,000)
$0 $200,000 $1,196,678

Total Funds $1,012,337
$4,186 $4,168 $8,018 $85,969
($118,000)
$0 $200,000 $1,196,678

International Relations and Trade

To provide international trade opportunities through exports to provide executive leadership for international relations and promote Georgia products and companies to other nations.

Total Funds

$2,296,170

State Funds

$2,296,170

State General Funds

$2,296,170

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,056,980 $2,056,980

THURSDAY, MARCH 30, 2006

4301

Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film , Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES)
Provide funds fro Global Commerce Development.
Amount appropriated in this Act

$8,742 $8,704 $16,744 ($45,000)
$250,000 $2,296,170

$8,742 $8,704 $16,744 ($45,000)
$250,000 $2,296,170

Innovation & Technology

To lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia.

Total Funds

$2,624,091

State Funds

$2,624,091

State General Funds

$2,624,091

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,563,914 $1,563,914

Annualize the cost of the FY2006 salary adjustment.

$4,870

$4,870

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$4,849

$4,849

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$9,328

$9,328

Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protege associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). (CC:1 Project Manager position and 1 mentor protege)

$66,130

$66,130

4302

JOURNAL OF THE SENATE

Provide funding to the Innovation and Technology program for a bioscience collaboration project to identify and design public/private partnering opportunities that will leverage private funding to stimulate bioscience industry growth in Georgia.
Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film , Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES)
Provide funds for Micro Enterprises.
Amount appropriated in this Act

$1,000,000 ($50,000)
$25,000 $2,624,091

$1,000,000 ($50,000)
$25,000 $2,624,091

Small and Minority Business Development

To provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses.

Total Funds

$913,868

Federal and Other Funds

$20,244

Agency Funds

$20,244

State Funds

$893,624

State General Funds

$893,624

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$924,154 $944,398

Annualize the cost of the FY2006 salary adjustment.

$7,515

$7,515

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$7,482

$7,482

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$14,395

$14,395

Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film , Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES)

($59,922)

($59,922)

Amount appropriated in this Act

$893,624 $913,868

THURSDAY, MARCH 30, 2006

4303

Tourism

To provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures.

Total Funds

$12,061,348

State Funds

$12,061,348

State General Funds

$12,061,348

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$11,096,169 $11,096,169

Annualize the cost of the FY2006 salary adjustment.

$32,170

$32,170

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$32,032

$32,032

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$61,621

$61,621

Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film , Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES)

$260,000

$260,000

Reduce funding for the Sylvania visitor center by 10% from $150,205 to $135,185 and develop a plan for phasing out state funding.

$0

$0

Reduce pass-thru funding for local welcome centers by 10% (Bainbridge - $9,832; local welcome center grant program $21,426), continuing the phase-out of state funds. (CC:Restore funds and no phase out)

$0

$0

Eliminate pass-thru funding for the Historic Chattahoochee Commission. (CC:Restore funds)

$0

$0

Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protege associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969).

$79,356

$79,356

Redirect $50,000 from the marketing fund to be used for the Georgia Shrimp Association (CC:YES)

$0

$0

4304

JOURNAL OF THE SENATE

Provide the resources to support the tourism effort to get the message to the customer through placement of print, broadcast media and other marketing initiatives.
Amount appropriated in this Act

$500,000 $500,000 $12,061,348 $12,061,348

The following appropriations are for agencies attached for administrative purposes.

Payments to Aviation Hall of Fame Authority

To promote and encourage the growth and public support of aviation within the state by honoring those, living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in Georgia.

Total Funds

$50,000

State Funds

$50,000

State General Funds

$50,000

Payments to Georgia Golf Hall of Fame Authority

To construct and maintain a facility and related attractions to house the Georgia Golf Hall of Fame to honor those who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere.

Total Funds

$58,685

State Funds

$58,685

State General Funds

$58,685

Payments to Georgia Medical Center Authority To provide funds to the Georgia Medical Center Authority. Total Funds State Funds
State General Funds

$405,000 $405,000 $405,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$250,000 $250,000

To provide funding for an Assistant Director position and funding to expand infrastructure.

$155,000 $155,000

Amount appropriated in this Act

$405,000 $405,000

Payments to Georgia Music Hall of Fame Authority To preserve Georgia's rich musical heritage. Total Funds

$814,070

THURSDAY, MARCH 30, 2006

4305

State Funds State General Funds

$814,070 $814,070

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $767,039

Annualize the cost of the FY2006 salary adjustment.

$4,973

$4,973

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$4,950

$4,950

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$601

$601

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$9,526

$9,526

Redirect $15,341 from repairs and maintenance to personal services and provide additional funds for 1 new position to manage and expand the volunteer program (total position cost: $42,322)

$26,981

$26,981

Eliminate the Music Hall of Fame program, establish the Payments $767,039

$0

to Georgia Music Fall of Fame Authority and correct an

overstatement of other funds.

Amount appropriated in this Act

$814,070 $814,070

Payments to Georgia Sports Hall of Fame Authority

To preserve and interpret the history of sports in Georgia.

Total Funds

$741,895

State Funds

$741,895

State General Funds

$741,895

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$725,060 $725,060

Annualize the cost of the FY2006 salary adjustment.

$3,691

$3,691

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

$4,265 $8,205
$674 $741,895

$4,265 $8,205
$674 $741,895

4306

JOURNAL OF THE SENATE

Section 23: Education, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Other Funds Temporary Assistance for Needy Families Block Grant State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$8,345,873,148 $1,126,356,308 $1,113,765,001
$12,391,307 $200,000
$7,219,516,840 $30,000,000
$7,189,516,840 $0

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,545.53. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Academic Coach

To provide certificated public school teachers who exhibit excellence in the classroom with salary supplements or bonuses in exchange for mentoring other public school teachers.

Total Funds

$6,166,710

State Funds

$6,166,710

State General Funds

$6,166,710

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,899,132

$3,899,132

Adjust funding for teacher liability insurance to meet projected cost of policy and transfer $200,000 to Testing to fund additional students and increased cost of the Preliminary Scholastic Assessment Test (PSAT).

($200,000)

($200,000)

Provide funds for academic coaches in Needs Improvement schools.

$2,467,578

$2,467,578

Amount appropriated in this Act

$6,166,710

$6,166,710

Agricultural Education

To provide students with competencies to make them aware of the importance of the agricultural industry and develop skills to prepare them for the world of work.

Total Funds

$8,685,236

Federal and Other Funds

$576,577

Federal Funds Not specifically Identified

$126,577

THURSDAY, MARCH 30, 2006

4307

Other Funds State Funds
State General Funds

$450,000 $8,108,659 $8,108,659

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$7,423,422

$7,999,999

Annualize the cost of the FY2006 salary adjustment.

$27,359

$27,359

Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006.

$369,796

$369,796

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$288,082

$288,082

Amount appropriated in this Act

$8,108,659

$8,685,236

Central Office To act as a service oriented agency supporting local school districts. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Other Funds State Funds State General Funds

$80,951,834 $45,079,858 $38,180,833
$6,899,025 $35,871,976 $35,871,976

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide a salary increase in FY 2007 of up to 4% for central office employees effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the

State Funds Total Funds $34,924,681 $80,004,539
$224,264 $224,264 $427,521 $427,521
$163,924 $163,924
$602,295 $602,295

4308

JOURNAL OF THE SENATE

employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Reduce personal services ($513,126), regular operating expenses ($68,280) and computer charges ($183,087). Reduce funding for the Educational Technology Training Centers (ETTCs) ($79,231) and RESAs ($229,465) by 2%.
Eliminate funding for the Global Achievers contract. (CC:Provide $15,000)
Redirect $150,000 from Central Office contracts to fund an evaluation of the Reading and Math program. (CC:Transfer funds from Reading and Math)
Reduce funding in real estate rentals to reflect anticipated real estate payments from the Office of Student Achievement.
Amount appropriated in this Act

$47,553

$47,553

($619,262) ($619,262)

($35,000) $150,000

($35,000) $150,000

($14,000) ($14,000)

$35,871,976 $80,951,834

Charter Schools

To support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy.

Total Funds

$7,949,904

Federal and Other Funds

$6,729,711

Federal Funds Not specifically Identified

$6,729,711

State Funds

$1,220,193

State General Funds

$1,220,193

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$770,193 $7,499,904

Provide additional funding for the development of Charter Schools to include the lease, rental, repair and/or renovation of Charter School facilities.
Amount appropriated in this Act

$450,000 $450,000 $1,220,193 $7,949,904

Classroom Supplies To provide funds for teachers to offset personal expenditures for classroom learning supplies.

THURSDAY, MARCH 30, 2006

4309

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Provide funds for teachers for classroom supplies.

$0

$0

(CC:Provide $10,000,000 in the Non-QBE Grants

program)

Amount appropriated in this Act

$0

$0

Communities in Schools

Communities In Schools operates alternative education programs throughout the state, bringing community resources into schools to help students stay in school and prepare for life.

Total Funds

$2,303,123

State Funds

$2,303,123

State General Funds

$2,303,123

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$1,320,623

$1,320,623

Redirect funds from Education Go Get It to Communities in Schools to provide for high school completion counselor training ($400,000) and funding for three new Performance Learning Centers in Ben Hill County, Cobb County and Troup County ($639,586). (CC:Provide new funds and add Dublin and Chatham)

$982,500

$982,500

Amount appropriated in this Act

$2,303,123

$2,303,123

Curriculum Development

To provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students.

Total Funds

$1,974,833

Federal and Other Funds

$200,000

Temporary Assistance for Needy Families Block Grant

$200,000

State Funds

$1,774,833

State General Funds

$1,774,833

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4310

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85)
Allocate administration funds from the Central Office to various department programs.
Transfer funds and activities of Georgia Youth Science and Technology Centers ($689,203), National Science Center and Foundation ($1,416,750), and Foreign Language ($1,590,857).
Eliminate payment to the National Science Center Foundation.
Provide funding to the Center for Understanding School Policy for Basic Right Over Wrong (BROW) education. (CC:YES)
Amount appropriated in this Act

State Funds $1,774,833
$0 $0
$0 $0
$1,774,833

Total Funds $1,774,833
$0 $0
$0 $200,000
$1,974,833

Dropout Prevention To reduce dropout rates for Georgia students. Total Funds State Funds
State General Funds

$15,829,069 $15,829,069 $15,829,069

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Improve graduation rates by providing grants to school systems to fund 1 high school completion counselor for every high school.

$15,429,069

$15,429,069

Provide funds for five new Performance Learning

$0

$0

Centers in Ben Hill, Cobb, Troup, Laurens and

Chatham at $196,500 per county. (CC:Provide

through Communities in Schools)

Provide funds to train new high school completion counselors.

$400,000

$400,000

Amount appropriated in this Act

$15,829,069

$15,829,069

Equalization

To provide money to local school systems after assessing an equity breakdown of the Local Five Mill Share Program in order to narrow the gap (per pupil) between school systems.

Total Funds

$427,024,372

State Funds

$427,024,372

THURSDAY, MARCH 30, 2006

4311

State General Funds

$427,024,372

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$371,657,510

$371,657,510

Annualize the correction to Equalization Grant funding to properly reflect millage increase.

$8,591,423

$8,591,423

Provide for an increase in Equalization Grants.

$46,575,439

$46,575,439

Provide funds to Jeff Davis county to offset a loss in equalization funding due to an error in tax data.

$200,000

$200,000

Amount appropriated in this Act

$427,024,372

$427,024,372

Federal Programs

To coordinate federally funded programs and allocate federal funds to school systems.

Total Funds

$817,561,039

Federal and Other Funds

$817,561,039

Federal Funds Not specifically Identified

$817,561,039

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$817,561,039

Amount appropriated in this Act

$0

$817,561,039

Foreign Language

To provide funds to schools for foreign language instruction.

Total Funds

$1,590,857

State Funds

$1,590,857

State General Funds

$1,590,857

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$1,590,857

$1,590,857

Amount appropriated in this Act

$1,590,857

$1,590,857

Fund Accounting
To provide necessary upgrades for legacy information systems to enhance financial accountability (data collection, analysis and reporting requirements), and to provide appropriate interface systems to automate educational data transfers between state agencies.

4312

JOURNAL OF THE SENATE

Total Funds State Funds
State General Funds

$2,000,000 $2,000,000 $2,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Provide funding to continue the fund accounting development and implementation.

$2,000,000

$2,000,000

Amount appropriated in this Act

$2,000,000

$2,000,000

Georgia Learning Resources System (GLRS)

To provide training and resources to educators and parents of students with disabilities through a network of centers around the state.

Total Funds

$5,117,573

Federal and Other Funds

$5,117,573

Federal Funds Not specifically Identified

$5,117,573

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$5,117,573

Amount appropriated in this Act

$0

$5,117,573

Georgia Virtual School

To provide students enrollment in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher.

Total Funds

$2,188,734

State Funds

$2,188,734

State General Funds

$2,188,734

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$1,385,000

$1,385,000

Annualize the cost of the FY2006 salary adjustment.

$3,734

$3,734

Add funding and 2 positions to expand the Georgia Virtual School by an additional 2,000 seats.

$800,000

$800,000

Amount appropriated in this Act

$2,188,734

$2,188,734

THURSDAY, MARCH 30, 2006

4313

Georgia Youth Science and Technology

To increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students.

Total Funds

$689,203

State Funds

$689,203

State General Funds

$689,203

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$689,203

$689,203

Amount appropriated in this Act

$689,203

$689,203

Governor's Honors Program

To provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available to them during the regular school year.

Total Funds

$1,418,223

State Funds

$1,418,223

State General Funds

$1,418,223

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$1,416,743

$1,416,743

Annualize the cost of the FY2006 salary adjustment.

$1,480

$1,480

Amount appropriated in this Act

$1,418,223

$1,418,223

Information Technology Services

To collect and report accurate data through the development and maintenance of web-enabled applications.

Total Funds

$7,417,319

State Funds

$7,417,319

State General Funds

$7,417,319

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$7,496,550

$7,496,550

4314

JOURNAL OF THE SENATE

Reduce personal services ($513,126), regular operating expenses ($68,280) and computer charges ($183,087). Reduce funding for the Educational Technology Training Centers (ETTCs) ($79,231) and RESAs ($229,465) by 2%.
Amount appropriated in this Act

($79,231) $7,417,319

($79,231) $7,417,319

Local Five Mill Share

The Local Five Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest.

Total Funds

($1,440,262,506)

State Funds

($1,440,262,506)

State General Funds

($1,440,262,506)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

($1,335,476,389)

($1,335,476,389)

Increase funds for Local Five Mill Share.

($104,786,117)

($104,786,117)

Amount appropriated in this Act

($1,440,262,506)

($1,440,262,506)

National Board Certification

To provide the ten percent salary increase for National Board Certified teachers to local systems (jointly administered between the Department of Education and the Professional Standards Commission).

Total Funds

$11,038,035

State Funds

$11,038,035

State General Funds

$11,038,035

National Science Center and Foundation

To ignite and promote students' interest in Mathematics and Sciences, to develop new ways to use technology in teaching, and to deploy those methods in our schools.

Total Funds

$1,416,750

State Funds

$1,416,750

State General Funds

$1,416,750

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$1,416,750

$1,416,750

THURSDAY, MARCH 30, 2006

4315

Amount appropriated in this Act

$1,416,750

$1,416,750

Non-Quality Basic Education Grants

To assure that sufficient funds are provided in order for the State's public school students to receive an effective education.

Total Funds

$21,088,674

State Funds

$21,088,674

State General Funds

$21,088,674

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Remove one-time funds in Migrant Education for the Bulloch County poultry plant.
Provide grant funds for school districts to recruit high performing principals for target schools. (CC:Provide funding for 100 principals at a maximum of $15,000 each as authorized in SB 468.)
Transfer the Education GO Get It program and 2 positions from the Board of Regents to the Department of Education.
Provide funds for classroom supplies ($100 purchase card). (CC:Provide a supply card for all classroom teachers.)
Provide funds to establish a summer remedial education program for eligible students in Grades 6-8.
Amount appropriated in this Act

State Funds $7,688,674 ($250,000) $2,250,000
$0 $10,000,000 $1,400,000 $21,088,674

Total Funds $7,688,674 ($250,000) $2,250,000
$0 $10,000,000 $1,400,000 $21,088,674

Nutrition

To provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that support nutritional well-being and performance at school.

Total Funds

$225,899,606

Federal and Other Funds

$188,375,722

Federal Funds Not specifically Identified

$188,375,722

State Funds

$37,523,884

State General Funds

$37,523,884

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4316

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85) Provide a salary increase in FY 2007 of 4% for bus drivers and lunchroom workers effective July 1, 2006. Amount appropriated in this Act

State Funds Total Funds $36,017,592 $224,393,314
$1,506,292 $1,506,292
$37,523,884 $225,899,606

Preschool Handicapped

To provide early intervention so students with disabilities will enter school with the skills to succeed.

Total Funds

$26,471,119

State Funds

$26,471,119

State General Funds

$26,471,119

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$24,008,490 $24,008,490

Annualize the cost of the FY2006 salary adjustment.

$352,273 $352,273

Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006.

$1,186,240

$1,186,240

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$924,116

$924,116

Amount appropriated in this Act

$26,471,119 $26,471,119

Principal Supplements To provide a salary supplement to principals with additional responsibilities. Total Funds State Funds
State General Funds

$5,361,125 $5,361,125 $5,361,125

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85) Provide grant funds for school districts to recruit high performing

State Funds $5,361,125
$0

Total Funds $5,361,125
$0

THURSDAY, MARCH 30, 2006

4317

principals for target schools. (CC:Provide funds through the NonQBE Grants program.)
Amount appropriated in this Act

$5,361,125

$5,361,125

Pupil Transportation

To assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities.

Total Funds

$166,452,130

State Funds

$166,452,130

State General Funds

$166,452,130

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$158,353,875 $158,353,875

Provide a salary increase in FY 2007 of 4% for bus drivers and lunchroom workers effective July 1, 2006.

$3,098,255

$3,098,255

Add funds for Pupil Transportation for rising fuel costs.

$5,000,000

$5,000,000

Amount appropriated in this Act

$166,452,130 $166,452,130

Quality Basic Education Program

To provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's students are academically prepared for further education and the workplace.

Total Funds

$7,419,025,063

State Funds

$7,419,025,063

State General Funds

$7,419,025,063

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,677,381,942 $6,677,381,942

Annualize the cost of the FY2006 salary adjustment.

$20,512,486 $20,512,486

Provide a 4% increase to the state base salary on the teacher salary schedule for the State Board of Education effective September 1, 2006. This proposed 4% salary improvement is in addition to a 3% salary increase awarded to more than half of the certificated personnel through the normal progression on the teacher salary schedule.

$216,761,619

$216,761,619

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$134,507,684

$134,507,684

4318

JOURNAL OF THE SENATE

Provide funds to reduce the individual maximum class size for Grades K-8.

$163,164,787

Expand the QBE Remedial Education program to include

$0

students in Grades 6-8. (CC:Agree to expand and provide

funding for a QBE Remedial Education program to serve

Grades 6-8 students.)

Provide funds for QBE enrollment growth of 2.5% and increase in teacher training and experience.

$201,590,474

Provide funding for school systems to fund 1 high school

$0

completion counselor, at the base teacher salary plus fringe

benefits, for each of Georgia's 385 high schools and adjust

for training and experience, as necessary, in future QBE

calculations. (CC:Provide funds through Dropout

Prevention program.)

Provide funds to restore half of the FY 2003 reductions to the QBE Formula funding for media materials increasing the rate from $9.77 to $14.65 per FTE. (CC:Restore one-third by increasing media materials to $13.03 per FTE)

$5,106,071

Amount appropriated in this Act

$7,419,025,063

$163,164,787 $0
$201,590,474 $0
$5,106,071 $7,419,025,063

Regional Education Service Agencies (RESAs)

To provide Georgia's 16 Regional Education Service Agencies (RESAs) with shared services to improve the effectiveness of educational programs and services of local school systems.

Total Funds

$11,962,471

State Funds

$11,962,471

State General Funds

$11,962,471

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$11,473,253 $11,473,253

Annualize the cost of the FY2006 salary adjustment.

$25,546

$25,546

Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006.

$260,632

$260,632

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$203,040

$203,040

Amount appropriated in this Act

$11,962,471 $11,962,471

THURSDAY, MARCH 30, 2006

4319

School Improvement

To design and implement a coherent and sustained statewide system of support and process for improvement, providing local education agencies and schools in Georgia with tools and resources as well as intensive support for schools not making Adequate Yearly Progress (AYP).

Total Funds

$11,736,228

Federal and Other Funds

$100,000

Other Funds

$100,000

State Funds

$11,636,228

State General Funds

$11,636,228

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$11,636,228 $11,736,228

Amount appropriated in this Act

$11,636,228 $11,736,228

School Nurses

To provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success.

Total Funds

$30,000,000

State Funds

$30,000,000

Tobacco Funds

$30,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85) Replace other funds with tobacco funds for school nurses. Amount appropriated in this Act

State Funds $0
$30,000,000 $30,000,000

Total Funds $30,000,000
$0 $30,000,000

Severely Emotionally Disturbed (SED)

To provide statewide services to parents and educators of students with disabilities.

Total Funds

$75,558,578

Federal and Other Funds

$7,724,112

Federal Funds Not specifically Identified

$7,724,112

State Funds

$67,834,466

State General Funds

$67,834,466

4320

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Amount appropriated in this Act

State Funds $64,684,683
$448,774 $1,518,248
$1,182,761
$67,834,466

Total Funds $72,408,795
$448,774 $1,518,248
$1,182,761
$75,558,578

State Interagency Transfers

To provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract.

Total Funds

$270,480,390

Federal and Other Funds

$18,888,697

Federal Funds Not specifically Identified

$18,888,697

State Funds

$251,591,693

State General Funds

$251,591,693

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$251,591,693 $270,480,390

Adjust funding for teacher liability insurance to meet projected cost of policy and transfer $200,000 to Testing to fund additional students and increased cost of the Preliminary Scholastic Assessment Test (PSAT).

$0

$0

Amount appropriated in this Act

$251,591,693 $270,480,390

State Reading and Math Program

To improve academic proficiency in reading and math by funding research based programs in grades K-3 and after-school programs in grades 4-8.

Total Funds

$26,502,770

State Funds

$26,502,770

State General Funds

$26,502,770

THURSDAY, MARCH 30, 2006

4321

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85) Transfer funds to the Central Office to fund an evaluation of the Reading and Math program. Amount appropriated in this Act

State Funds $26,652,770
($150,000)

Total Funds $26,652,770
($150,000)

$26,502,770 $26,502,770

State Schools

To prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development.

Total Funds

$21,131,308

Federal and Other Funds

$932,715

Other Funds

$932,715

State Funds

$20,198,593

State General Funds

$20,198,593

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$18,875,323 $19,808,038

Annualize the cost of the FY2006 salary adjustment.

$155,280 $155,280

Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006.

$746,200

$746,200

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$421,790

$421,790

Amount appropriated in this Act

$20,198,593 $21,131,308

Technology/Career Education To equip students with academic, technical and leadership skills. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Other Funds

$40,570,499 $24,616,113 $20,606,546
$4,009,567

4322

JOURNAL OF THE SENATE

State Funds State General Funds

$15,954,386 $15,954,386

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$15,256,641 $39,872,754

Annualize the cost of the FY2006 salary adjustment.

$56,682

$56,682

Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006.

$360,344

$360,344

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$280,719

$280,719

Amount appropriated in this Act

$15,954,386 $40,570,499

Testing

To adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds

$30,914,020

Federal and Other Funds

$10,454,191

Federal Funds Not specifically Identified

$10,454,191

State Funds

$20,459,829

State General Funds

$20,459,829

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Adjust funding for teacher liability insurance to meet projected cost of policy and transfer $200,000 to Testing to fund additional students and increased cost of the Preliminary Scholastic Assessment Test (PSAT).
Annualize funding for the online SAT preparation software and maintain current contract rate for FY 2007.
Expand the web-based classroom accountability model.
Provide funds to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards (GPS). (CC:Match with $250,000 in federal funds)

State Funds Total Funds $17,709,829 $27,414,020
$200,000 $200,000

$1,000,000 $1,000,000

$800,000 $250,000

$800,000 $500,000

THURSDAY, MARCH 30, 2006

4323

Provide funding for an assessment for English Language Learners to measure English proficiency. (CC:Match with $500,000 in federal funds)
Amount appropriated in this Act

$500,000 $20,459,829

$1,000,000 $30,914,020

Tuition for the Multi-Handicapped

To provide funds to assist school systems that have multi-handicapped students. These funds are intended to assist systems in meeting the high cost of private residential placements and to provide a continuum of placements for such students as mandated by Federal regulations.

Total Funds

$1,658,859

State Funds

$1,658,859

State General Funds

$1,658,859

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,658,859 $1,658,859

Amount appropriated in this Act

$1,658,859 $1,658,859

Section 24: Employees' Retirement System of Georgia Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$29,152,658 $1,084,076 $1,084,076 $8,083,095 $8,083,095 $19,985,487 $19,985,487

It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 10.41% for New Plan Employees and 5.66% for Old Plan Employees for State Fiscal Year 2007. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $23.35 per member for State Fiscal Year 2007.

Deferred Compensation

To provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning.

Total Funds

$3,760,558

Federal and Other Funds

$3,760,558

Agency Funds

$3,760,558

4324

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Increase agency funds ($505,286) to integrate Deferred Compensation into the ERS computer system and provide contract funding ($111,373) for a third party administrator.
Amount appropriated in this Act

State Funds Total Funds

$0 $3,128,121

$0

$15,218

$0

$560

$0 $616,659

$0 $3,760,558

Georgia Military Pension Fund

To provide retirement allowances and other benefits for members of the Georgia National Guard.

Total Funds

$1,005,099

State Funds

$1,005,099

State General Funds

$1,005,099

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$890,651 $890,651

Increase the Georgia Military Pension Fund based on current actuarial valuation.

$114,448 $114,448

Amount appropriated in this Act

$1,005,099 $1,005,099

Public School Employees' Retirement System

To account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely and accurate payment of retirement benefits.

Total Funds

$7,071,996

State Funds

$7,071,996

State General Funds

$7,071,996

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,221,996 $4,221,996

THURSDAY, MARCH 30, 2006

4325

Provide funds to increase the benefit accrual rate for members of the $2,850,000 Public School Employees' Retirement System by $0.25 per month for each year of service increasing the rate from $13.50 to $13.75.

Amount appropriated in this Act

$7,071,996

$2,850,000 $7,071,996

System Administration

To collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries.

Total Funds

$17,315,005

Federal and Other Funds

($2,676,482)

Agency Funds

($2,676,482)

State Funds

$6,000

State General Funds

$6,000

Intra-State Government Transfers

$19,985,487

Retirement Payments

$19,985,487

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $19,985,487

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0 $104,665

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$0

$3,853

Reduce other funds in computer charges ($2,785,000).

$0 ($2,785,000)

Fund H.B. 731 - Membership in the Georgia Judicial Retirement System.

$0

$0

Fund H.B. 644 - Credible service for ERS members with temporary full-time service in the Legislative Branch.

$6,000

$6,000

Fund H.B. 582 - Credible service for temporary full-time service with

$0

$0

an employer covered under ERS.

Fund H.B. 101 - Peace Officers' Annuity and Benefit Fund.

$0

$0

Amount appropriated in this Act

$6,000 $17,315,005

Section 25: Forestry Commission, State

Total Funds

$39,714,730

Federal and Other Funds

$5,800,638

Federal Funds Not specifically Identified

$822,000

Agency Funds

$4,978,638

State Funds

$33,914,092

State General Funds

$33,914,092

Intra-State Government Transfers

$0

4326

JOURNAL OF THE SENATE

Administration

Administers work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation.

Total Funds

$4,664,857

Federal and Other Funds

$173,027

Agency Funds

$173,027

State Funds

$4,491,830

State General Funds

$4,491,830

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,798,610 $3,971,637

Annualize the cost of the FY2006 salary adjustment.

$12,790

$12,790

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$30,327

$30,327

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$39,374

$39,374

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$8,131

$8,131

Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES)

$344,098

$344,098

Add 1 technical position to support the computer network.

$73,500

$73,500

Provide funding to address ongoing and deferred maintenance needs, ensuring firefighting readiness.

$0

$0

Provide funds for a Six Engine Firetruck Program.

$125,000

$125,000

Construct a bomb squad truck shelter in Cairo.

$60,000

$60,000

Amount appropriated in this Act

$4,491,830 $4,664,857

Forest Management

The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data.

Total Funds

$4,360,770

Federal and Other Funds

$1,179,500

Federal Funds Not specifically Identified

$552,000

Agency Funds

$627,500

THURSDAY, MARCH 30, 2006

4327

State Funds

$3,181,270

State General Funds

$3,181,270

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,624,712 $3,804,212

Annualize the cost of the FY2006 salary adjustment.

$20,588

$20,588

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$23,406

$23,406

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$30,389

$30,389

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$6,275

$6,275

Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES)

($248,449) ($248,449)

Add 5 foresters to address forest pests and diseases in order to preserve the health of Georgia's forest lands. (CC:Reduce 1 position)

$233,903

$233,903

Add 1 position for the creation of a bioenergy program to address Georgia's energy needs through the development of bioenergy markets and greater use of forest resources.

$93,982

$93,982

Add 3 positions and funding to implement a carbon sequestration program that will improve air quality, leverage federal funding and provide greater incentives to landowners to plant more trees. (CC:Reduce 1 position.)

$187,964

$187,964

Add 4 foresters to preserve water quality through education, training and evaluation of best management practices. (CC:Reduce 1 position.)

$208,500

$208,500

Amount appropriated in this Act

$3,181,270 $4,360,770

Forest Protection The purpose is to protect the public and forest resources. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds State Funds

$29,223,057 $2,876,611
$200,000 $2,676,611 $26,346,446

4328

JOURNAL OF THE SENATE

State General Funds

$26,346,446

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$25,575,110 $28,451,721

Annualize the cost of the FY2006 salary adjustment.

$171,572

$171,572

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$253,226

$253,226

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$328,769

$328,769

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$67,890

$67,890

Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES)

($55,121)

($55,121)

Provide additional funds to address moderate fire season maintenance needs.

$250,000

$250,000

Eliminate equipment funds used for the lease/purchase of a helicopter paid for in FY 2005.

($700,000) ($700,000)

Fill 15 vacant ranger positions to provide adequate staffing for a moderate fire season.

$455,000

$455,000

Amount appropriated in this Act

$26,346,446 $29,223,057

Tree Improvement

The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations.

Total Funds

$118,659

State Funds

$118,659

State General Funds

$118,659

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

State Funds $119,123 $312 $0

Total Funds $119,123 $312 $0

THURSDAY, MARCH 30, 2006

4329

Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES)
Amount appropriated in this Act

($776)

($776)

$118,659

$118,659

Tree Seedling Nursery

Producing adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

Total Funds

$1,347,387

Federal and Other Funds

$1,571,500

Federal Funds Not specifically Identified

$70,000

Agency Funds

$1,501,500

State Funds

($224,113)

State General Funds

($224,113)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

($185,282) $1,855,709

Annualize the cost of the FY2006 salary adjustment.

$5,615

$5,615

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$615

$615

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$799

$799

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$165

$165

Decrease other funds to accurately reflect collections from seedling sales (Total Funds: $469,491). (CC:YES)

$0

($469,491)

Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES)

($46,025)

($46,025)

Amount appropriated in this Act

($224,113) $1,347,387

Section 26: Governor, Office of the Total Funds Federal and Other Funds

$47,570,365 $6,493,772

4330

JOURNAL OF THE SENATE

Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$5,603,227 $890,545
$41,076,593 $41,076,593
$0

There is hereby appropriated to the Office of the Governor the sum of $400,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.
The Mansion allowance shall be $40,000.

Governor's Office

To provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies.

Total Funds

$5,244,359

State Funds

$5,244,359

State General Funds

$5,244,359

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,056,367 $5,056,367

Annualize the cost of the FY2006 salary adjustment.

$34,408

$34,408

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$38,745

$38,745

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$60,604

$60,604

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,235

$4,235

Provide funds for a gubernatorial transition.

$50,000

$50,000

Amount appropriated in this Act

$5,244,359 $5,244,359

Governor's Emergency Funds

To provide emergency funds to draw on when disasters create extraordinary demands on government.

Total Funds

$3,469,576

State Funds

$3,469,576

State General Funds

$3,469,576

THURSDAY, MARCH 30, 2006

4331

Office of Planning and Budget

To supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies.

Total Funds

$9,060,842

State Funds

$9,060,842

State General Funds

$9,060,842

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$46,012

$46,012

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$57,169

$57,169

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$66,963

$66,963

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$89,420

$89,420

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$6,048

$6,048

Provide funds to fill 5 vacant budget analyst positions. (CC:Provide funds to fill 4 Analyst I positions and 1 Analyst II position.)

$248,291 $248,291

Reduce consulting contracts for the Military Affairs Coordinating Council.

($72,000)

($72,000)

Delete one-time funding for the Commission on New Georgia HR ($3,000,000) ($3,000,000) Task Force.

Establish training function within OPB to train state agency staff in budget and performance management by increasing personal services and operating expenses for 2 additional positions. (CC:Provide funds for 1 additional position.)

$86,816

$86,816

Provide funds to reestablish the program evaluation function by filling 4 vacancies and providing operating expenses. (CC:Provide funds for 1 Analyst I position and 1 Analyst II position. )

$127,766 $127,766

Provide for on-going maintenance and support of enterprise budgeting systems.

$102,000 $102,000

Reorganize the Office of Planning and Budget's program structure to condense into a department summary.

$11,302,357 $11,302,357

Amount appropriated in this Act

$9,060,842 $9,060,842

4332

JOURNAL OF THE SENATE

The following appropriations are for agencies attached for administrative purposes.

Arts, Georgia Council for the

To provide general operation support and project support grants for art organizations.

Total Funds

$4,706,484

Federal and Other Funds

$725,524

Federal Funds Not specifically Identified

$710,524

Agency Funds

$15,000

State Funds

$3,980,960

State General Funds

$3,980,960

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,900,546 $4,626,070

Annualize the cost of the FY2006 salary adjustment.

$2,274

$2,274

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$1,773

$1,773

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$2,773

$2,773

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$194

$194

Provide one-time funding for a federally mandated strategic plan to preserve grant eligibility with the National Endowment for the Arts.

$73,400

$73,400

Amount appropriated in this Act

$3,980,960 $4,706,484

Child Advocate, Office of the

To provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children.

Total Funds

$743,198

State Funds

$743,198

State General Funds

$743,198

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$716,356 $716,356

Annualize the cost of the FY2006 salary adjustment.

$6,124

$6,124

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$683

$683

THURSDAY, MARCH 30, 2006

4333

Provide yearly maintenance on electronic document software.
Provide funds to cover costs due to increased statewide travel.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Amount appropriated in this Act

$2,500 $1,522 $6,245
$9,768

$2,500 $1,522 $6,245
$9,768

$743,198 $743,198

Consumer Affairs, Office of

To protect consumers and legitimate business enterprises from unfair and deceptive business practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

Total Funds

$7,015,963

Federal and Other Funds

$567,689

Agency Funds

$567,689

State Funds

$6,448,274

State General Funds

$6,448,274

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,287,352 $3,855,041

Annualize the cost of the FY2006 salary adjustment.

$31,912

$31,912

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$30,239

$30,239

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$47,298

$47,298

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$3,305

$3,305

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$43,168

$43,168

Fund the continuing rental expense for the cool room server storage.

$5,000

$5,000

Provide funding to implement a statewide customer service initiative (including 5 positions). (CC:Provide funding and positions to implement a statewide customer service initiative.)

$3,000,000 $3,000,000

Amount appropriated in this Act

$6,448,274 $7,015,963

4334

JOURNAL OF THE SENATE

Commission on Equal Opportunity

To enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act which makes it unlawful for discrimination against any individual.

Total Funds

$1,049,612

Federal and Other Funds

$387,217

Federal Funds Not specifically Identified

$387,217

State Funds

$662,395

State General Funds

$662,395

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Decrease funding for real estate rents due to relocation of office space.
Amount appropriated in this Act

State Funds $695,707 $5,355 $5,645

Total Funds $1,082,924
$5,355 $5,645

$14,941

$14,941

$8,830

$8,830

$617

$617

($68,700) ($68,700)

$662,395 $1,049,612

Georgia Emergency Management Agency

To provide a comprehensive and aggressive emergency preparedness, response, and recovery program for the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters.

Total Funds

$6,548,229

Federal and Other Funds

$4,435,412

Federal Funds Not specifically Identified

$4,127,556

Agency Funds

$307,856

State Funds

$2,112,817

State General Funds

$2,112,817

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,989,168 $6,424,580

THURSDAY, MARCH 30, 2006

4335

Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Reflect decrease in the position count due to the downsizing of the federal excess property program and the elimination of 3 positions.
Provide additional funding for the Civil Air Patrol.
Amount appropriated in this Act

$13,358 $14,547
$1,590
$22,754
$0
$71,400 $2,112,817

$13,358 $14,547
$1,590
$22,754
$0
$71,400 $6,548,229

Homeland Security, Office of

To lead and direct the preparation, employment and management of state resources to safeguard Georgia and its citizens against threats or acts of terrorism and natural disasters.

Total Funds

$505,669

State Funds

$505,669

State General Funds

$505,669

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$592,905 $592,905

Annualize the cost of the FY2006 salary adjustment.

$4,357

$4,357

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$5,015

$5,015

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$7,844

$7,844

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$548

$548

Reduce program funding.

($105,000) ($105,000)

Amount appropriated in this Act

$505,669 $505,669

Inspector General, Office of the State

To foster and promote accountability and integrity in state government by investigating and preventing fraud, waste and abuse.

Total Funds

$830,636

State Funds

$830,636

State General Funds

$830,636

4336

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$791,432 $791,432

Annualize the cost of the FY2006 salary adjustment.

$4,142

$4,142

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$5,364

$5,364

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$8,389

$8,389

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$586

$586

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$4,901

$4,901

Reduce various operating expenses pertaining to the investigative function of the office.

($15,828) ($15,828)

Provide one-time contract funding for development of a prevention training program for state officials and employees.

$31,650

$31,650

Amount appropriated in this Act

$830,636 $830,636

Professional Standards Commission, Georgia

To direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

Total Funds

$6,966,421

Federal and Other Funds

$111,930

Federal Funds Not specifically Identified

$111,930

State Funds

$6,854,491

State General Funds

$6,854,491

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,579,840 $6,691,770

Annualize the cost of the FY2006 salary adjustment.

$34,421

$34,421

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$45,224

$45,224

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$70,736

$70,736

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,943

$4,943

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$40,842

$40,842

THURSDAY, MARCH 30, 2006

4337

Provide funds for 1 senior investigator position and expenses related to the position.
Amount appropriated in this Act

$78,485

$78,485

$6,854,491 $6,966,421

Student Achievement, Office of

To improve student achievement and school completion in Georgia.

Total Funds

$1,429,376

Federal and Other Funds

$266,000

Federal Funds Not specifically Identified

$266,000

State Funds

$1,163,376

State General Funds

$1,163,376

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,135,864 $1,401,864

Annualize the cost of the FY2006 salary adjustment.

$6,108

$6,108

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$8,006

$8,006

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$12,522

$12,522

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$876

$876

Increase funds for an audit position to evaluate why certain schools

$0

$0

are not meeting student achievement goals.

Amount appropriated in this Act

$1,163,376 $1,429,376

Section 27: Human Resources, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care and Development Block Grant Foster Care Title IV-E Maternal and Child Health Services Block Grant Medical Assistance Program Preventive Health and Health Services Block Grant Community Mental Health Services Block Grant

$3,089,236,874 $1,659,679,845
$547,404,195 $183,914,529 $354,528,378 $50,485,333 $53,817,151
$49,192,709 $17,348,033 $158,070,607 $4,203,960 $12,840,422

4338

JOURNAL OF THE SENATE

Prevention and Treatment of Substance Abuse Block Grant Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance State Funds Tobacco Funds State General Funds Brain and Spinal Injury Trust Fund Intra-State Government Transfers Other Intra-State Government Payments

$50,960,435 $17,189,251 $18,929,972 $140,794,870 $1,423,526,488 $28,568,139 $1,391,950,658
$3,007,691 $6,030,541 $6,030,541

All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standards of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the Maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568. Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.
Administration
To provide administration and support for the Divisions and Operating Office.

THURSDAY, MARCH 30, 2006

4339

Total Funds

$237,538,500

Federal and Other Funds

$126,478,200

Federal Funds Not specifically Identified

$60,889,436

Agency Funds

$5,872,044

Temporary Assistance for Needy Families Block Grant

$22,798,586

Social Services Block Grant

$5,423,648

Child Care and Development Block Grant

$29,976

Foster Care Title IV-E

$2,427,905

Medical Assistance Program

$28,654,910

Preventive Health and Health Services Block Grant

$31,070

Community Services Block Grant

$4,068

Low-Income Home Energy Assistance

$346,557

State Funds

$111,060,300

Tobacco Funds

$321,984

State General Funds

$110,738,316

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$89,756,140 $198,733,177

Redirect $2,625,267 in surplus funding to cover expenses

$0

$0

related to Hurricane Katrina. This funding will be removed in

SFY2008. (CC:YES)

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$836,310

$836,310

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$995,870

$995,870

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$827,213

$1,224,957

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$14,988,649

$23,373,107

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,520,701

$2,236,021

Transfer $493,388 from the Information Technology subprogram of the Administration program to the Adult Services program ($399,881) and the Child and Adolescent Services program ($93,507) to adjust Georgia Technology Authority rate funding. (CC:$399,881 to Adult Mental Health Services and $93,507 to Child and Adolescent Forensic Services)

($493,388)

($493,388)

4340

JOURNAL OF THE SENATE

Use existing funds in the Information Technology subprogram of the Administration program to develop a business continuity and disaster recovery security standard for statewide department applications.
Replace tobacco funds with state general funds.
Reduce contracts and operating cost.
Reduce equipment purchases in the Information Technology subprogram of the Administration program.
Reduce administrative costs. (CC:No service contracts are to be cut)
Provide funds in the Information Technology subprogram of the Administration program for the implementation of the Statewide Automated Child Welfare Information System (SACWIS).
Provide state funds in the General Administration subprogram of the Administration program to replace county funds previously contributed for the cost of the Electronic Benefit Transfer (EBT) card services.
Enhance SUCCESS system to support Medicaid eligibility verification and for changes in TANF in the Information Technology subprogram of the Administration program.
Increase TANF funding for administration costs (CC:SFY 2005 level)
Reduce Social Service Block Grant funding to administration.
Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. (CC:YES)
Reflect Social Service Block Grant Unobligated usage by refinancing with SSBG reserve funds. (CC:YES)
Adjust funding level.
Provide funding for the relocation of the Bryan, Gordon, Banks, and Randolph County DFCS facilities.
Fund a monthly supplement of $20 to be used by all persons in nursing homes, as well as those in the hospice program in nursing home settings. (Remainder in DCH)
Classify Medicaid funding.
Amount appropriated in this Act

$0
$0 ($1,843,282)
($500,000) ($1,242,778) $2,227,905
$2,200,000
$700,000
$0 $0 $0
$0 $0 $200,000 $886,960
$0 $111,060,300

$0
$0 ($1,843,282)
($500,000) ($1,242,778) $4,455,810
$2,555,737
$2,400,000
$3,600,000 ($80,000) $0
$0 ($1) $400,000 $886,960
$0 $237,538,500

Adolescent and Adult Health Promotion
To provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

THURSDAY, MARCH 30, 2006

4341

Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Temporary Assistance for Needy Families Block Grant Maternal and Child Health Services Block Grant Medical Assistance Program Preventive Health and Health Services Block Grant State Funds Tobacco Funds State General Funds

$48,538,817 $28,505,160 $6,207,725 $20,596,897 $1,087,109
$571,735 $41,694
$20,033,657 $4,874,988
$15,158,669

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$19,198,382 $47,703,542

Eliminate the Tobacco Use Prevention sub-program except for

$0

$0

$250,000 in media promotions to promote the National Cancer

Institute's Quitline with Tobacco funds. Then transfer

$1,899,875 in Tobacco funds from previous services in the

Tobacco Use Prevention sub-program to supplant State funds in

the Cancer Screening sub-program.

Provide funding for the Diabetic Care Coalition. (CC:Diabetes Care Coalition)

$175,000

$175,000

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$225,755

$225,755

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$268,827

$268,827

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$85,693

$85,693

Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population.

$80,000

$80,000

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$20,033,657 $48,538,817

Adoption Services

To support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption.

Total Funds

$69,586,468

4342

JOURNAL OF THE SENATE

Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Temporary Assistance for Needy Families Block Grant
State Funds State General Funds

$36,632,276 $24,070,544
$561,732 $12,000,000 $32,954,192 $32,954,192

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$33,258,201 $62,190,477

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$20,385

$20,385

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$24,274

$24,274

Recognize an increase in the federal match rate by adjusting state funds.

($348,668) ($348,668)

Increase TANF funding for adoption assistance for two parent families

$0 $7,700,000

Reclassify funding.

$0

$0

Amount appropriated in this Act

$32,954,192 $69,586,468

Adult Addictive Disease Services

To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$70,391,536

Federal and Other Funds

$26,315,435

Prevention and Treatment of Substance Abuse Block Grant

$26,315,435

State Funds

$44,076,101

State General Funds

$44,076,101

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$41,766,783 $68,082,218

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$453,165

$453,165

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$539,626

$539,626

THURSDAY, MARCH 30, 2006

4343

Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Provide funds for provider training and treatment services to 200 methamphetamine-addicted adults with children in the Adult Services program. (CC:In the Adult Addictive Disease Services program)
Funding for the operation of the Emanuel Regional Detoxification Center. (CC:To be matched with CSB substance abuse funding of $352,000)
Amount appropriated in this Act

$76,527 $1,000,000
$240,000 $44,076,101

$76,527 $1,000,000
$240,000 $70,391,536

Adult Developmental Disabilities Services

To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities.

Total Funds

$330,380,770

Federal and Other Funds

$145,904,595

Federal Funds Not specifically Identified

$161,867

Agency Funds

$53,767,732

Temporary Assistance for Needy Families Block Grant

$27,016,392

Social Services Block Grant

$30,636,459

Medical Assistance Program

$34,322,145

State Funds

$184,476,175

Tobacco Funds

$10,255,138

State General Funds

$174,221,037

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$170,456,263 $303,400,680

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Recognize an increase in the federal match rate by adjusting state funds.

($500,000) ($500,000)

Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List.

$2,648,987 $6,878,700

Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List. (CC:6 months with associated infrastructure costs)

$9,619,528 $21,837,981

Annualize the cost of the FY2006 salary adjustment.

$2,013,809 $2,013,809

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$2,398,028 $2,398,028

4344

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Transfer TANF funds to support developmental disabilities for adults to child and adolescent services
Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health.
Provide funds for Rockdale Cares.
Coordinate dental hygienist programs at technical schools to provide services to consumers with developmental disabilities. Contract outside the agency for coordination services. (CC:Accredited dental schools)
Provide 12 months funding for an additional 1,500 slots for consumers on the Mental Retardation/Developmental Disabilities waiting list. This will bring the total slots funded to 3,000. (CC:Reflect community service funding used in prior years to cover hospital deficits to be spent on community services only)
Classify Medicaid funding.
Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital.
Amount appropriated in this Act

$340,079

$340,079

$0 ($3,487,988)

($500,519) ($500,519)

$50,000 $50,000

$50,000 $50,000

$0

$0

$0

$0

($2,100,000) ($2,100,000)

$184,476,175 $330,380,770

Adult Essential Health Treatment Services

To provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees.

Total Funds

$14,627,430

Federal and Other Funds

$1,329,567

Federal Funds Not specifically Identified

$118,690

Preventive Health and Health Services Block Grant

$1,210,877

State Funds

$13,297,863

Tobacco Funds

$5,000,000

State General Funds

$8,297,863

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$11,539,990 $12,869,557

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

THURSDAY, MARCH 30, 2006

4345

Provide funding for the Cancer State Aid sub-program of the Essential Public Health Clinical Services program to treat lowincome, uninsured or underinsured patients with survivable cancers. (CC:For the Adult Essential Health Treatment Services program)
Annualize the cost of the FY2006 salary adjustment.
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Increase funding to purchase factor concentrate for people with hemophilia who lack health insurance, Medicaid, or Medicare.
Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population.
Amount appropriated in this Act

$1,452,545
$28,255 $2,281 $33,645 $2,717 $8,216
$214 $150,000 $80,000
$13,297,863

$1,452,545
$28,255 $2,281 $33,645 $2,717 $8,216
$214 $150,000 $80,000
$14,627,430

Adult Forensic Services

To provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system.

Total Funds

$27,286,249

Federal and Other Funds

$1,115,408

Federal Funds Not specifically Identified

$1,115,408

State Funds

$26,170,841

State General Funds

$26,170,841

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$25,665,915 $26,781,323

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$213,982

$213,982

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$254,806

$254,806

4346

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital.
Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies:

$36,138 $0 $0

$36,138 $0 $0

a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital by October 1, 2006; b. Transfer 35 adult mental health consumers to the community by March 1, 2007; c. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006; d. Transfer 40 forensic beds to Georgia Regional Hospital Savannah by June 15, 2007; e. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007; f. Provide court ordered community placement for 35 forensic consumers by June 1,2007; g. Transfer administration of 8 adolescent transition beds to Southwest State Hospital
Amount appropriated in this Act

$26,170,841

$27,286,249

Adult Mental Health Services

To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

Total Funds

$179,590,445

Federal and Other Funds

$15,363,620

Federal Funds Not specifically Identified

$4,244,326

Agency Funds

$2,935,696

Medical Assistance Program

$709,000

Community Mental Health Services Block Grant

$7,474,598

State Funds

$164,226,825

State General Funds

$164,226,825

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$174,319,232 $189,334,642

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

THURSDAY, MARCH 30, 2006

4347

Transfer state funds from the Adult Services program to the Department of Community Health's Low Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients that receive mental health services. (CC:From the Adult Mental Health Services program)
Transfer $399,881 from the Information Technology subprogram of the Administration program to the Adult Services program to adjust Georgia Technology Authority rate funding. (CC:To Adult Mental Health Services program)
Provide for case management and other support services in the Adult Services program for adult mental health and addictive disease consumers being treated in the community. (CC:In the Adult Mental Health Services program. Accommodate for services already provided in DCH)
Provide funds for one adult crisis stabilization unit in the Adult Services program so that consumers can be served in the community rather than at a state hospital. (CC:In the Adult Mental Health Services program)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Evaluate all state mental health hospitals and begin planning for the privatization of at least one facility. (CC:YES)
Add one-time funding to support the new building project for the Savannah Area Behavioral Health Collaborative.
Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital.
Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies:

($17,178,027)
$399,881
$427,000
$1,523,479
$1,222,469 $1,455,706
$206,442 $0
$250,000 $0
$1,600,643

($17,178,027)
$399,881
$525,210
$1,773,479
$1,222,469 $1,455,706
$206,442 $0
$250,000 $0
$1,600,643

a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital by October 1, 2006; b. Transfer 35 adult mental health consumers to the community by March 1, 2007; c. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006; d. Transfer 40 forensic beds to Georgia Regional Hospital Savannah by June 15, 2007; e. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007;

4348

JOURNAL OF THE SENATE

f. Provide court ordered community placement for 35 forensic consumers by June 1,2007; g. Transfer administration of 8 adolescent transition beds to Southwest State Hospital
Classify Medicaid funding.
Amount appropriated in this Act

$0

$0

$164,226,825 $179,590,445

Adult Nursing Home Services

To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

Total Funds

$1,708,162

Federal and Other Funds

$1,561,791

Federal Funds Not specifically Identified

$14,551

Agency Funds

$1,547,240

State Funds

$146,371

State General Funds

$146,371

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,495,494 $3,057,285

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center at Central State.

($1,041,854) ($1,041,854)

Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center at Central State.

($307,269) ($307,269)

Amount appropriated in this Act

$146,371 $1,708,162

After School Care

To expand the provision of after school care services and draw down TANF maintenance of effort funds.

Total Funds

$34,000,000

Federal and Other Funds

$31,000,000

Agency Funds

$20,000,000

Temporary Assistance for Needy Families Block Grant

$11,000,000

State Funds

$3,000,000

State General Funds

$3,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4349

Amount from prior Appropriation Act (HB 85)
Transfer Maintenance of Effort money collected for after school care programs from Support for Needy Families - Basic Assistance.
Realign the program and sub-program structure within the Department of Human Resources
Refinance funding of the program.
Amount appropriated in this Act

State Funds $4,000,000
$0

Total Funds $14,000,000 $20,000,000

$0

$0

($1,000,000)

$0

$3,000,000 $34,000,000

Child and Adolescent Addictive Disease Services

To provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$26,550,107

Federal and Other Funds

$16,939,368

Federal Funds Not specifically Identified

$2,486,456

Prevention and Treatment of Substance Abuse Block Grant

$14,452,912

State Funds

$9,610,739

State General Funds

$9,610,739

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,232,387 $23,685,299

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$155,049

$155,049

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$184,632

$184,632

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$38,671

$38,671

Amount appropriated in this Act

$9,610,739 $26,550,107

Child and Adolescent Developmental Disabilities Services

To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities.

Total Funds

$23,473,734

Federal and Other Funds

$9,997,854

Temporary Assistance for Needy Families Block Grant

$3,487,988

Medical Assistance Program

$6,509,866

4350

JOURNAL OF THE SENATE

State Funds

$13,475,880

State General Funds

$13,475,880

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$8,694,426 $11,826,023

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Transfer the American Association of Adapted Sports Program contract from the Department of Labor's Roosevelt Warm Springs Institute program to the Community Services - Child and Adolescent Developmental Disabilities subprogram of the Child and Adolescent Services program. (CC:To the Child and Adolescent Developmental Disability Services program)

$284,069

$284,069

Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List.

$548,430 $1,424,123

Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List. (CC:6 months with associated infrastructure costs)

$1,970,266 $4,472,842

Annualize the cost of the FY2006 salary adjustment.

$91,389

$91,389

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$108,826

$108,826

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$22,793

$22,793

Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health.

($94,319)

($94,319)

Provide additional funding for the American Association Of Adapted Sports program to expand services statewide.

$250,000

$250,000

Provide additional funding for the Marcus Institute to serve children with disabilities.

$1,500,000 $1,500,000

Provide additional funding for the Matthew Reardon Center to serve children with disabilities.

$100,000

$100,000

Transfer TANF funds to support developmental disabilities for adults to child and adolescent services

$0 $3,487,988

Classify Medicaid funding.

$0

$0

Provide 12 months funding for an additional 1,500 slots for consumers on the Mental Retardation/Developmental Disabilities waiting list. This will bring the total slots funded to 3,000. (CC:Reflect community service funding used in prior years to cover hospital deficits to be spent on community services only)

$0

$0

THURSDAY, MARCH 30, 2006

4351

Amount appropriated in this Act

$13,475,880 $23,473,734

Child and Adolescent Forensic Services

To provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system.

Total Funds

$6,854,414

Federal and Other Funds

$276,000

Medical Assistance Program

$276,000

State Funds

$5,640,827

State General Funds

$5,640,827

Intra-State Government Transfers

$937,587

Other Intra-State Government Payments

$937,587

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,789,534 $2,727,121

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$404,258

$404,258

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$481,388

$481,388

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$100,827

$100,827

Transfer $93,507 from the Information Technology subprogram of the Administration program to the Child and Adolescent Services program to adjust Georgia Technology Authority rate funding. (CC:To Child and Adolescent Forensic Services program)

$93,507

$93,507

Provide a savings by transferring 19 mentally retarded and seriously emotionally disturbed child and adolescent consumers from Northwest Georgia Regional Hospital to the community in the Child and Adolescent Services program. (CC:In the Child and Adolescent Forensic Services program)

($1,002,687) ($1,002,687)

Provide child and adolescent crisis stabilization services in the Child and Adolescent Services program. (CC:In the Child and Adolescent Forensic Services program. Designate one CSU at Gwinnett Rockdale and Newton CSB)

$3,774,000 $4,050,000

Reclassify funding.

$0

$0

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$5,640,827 $6,854,414

4352

JOURNAL OF THE SENATE

Child and Adolescent Mental Health Services

To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

Total Funds

$70,123,674

Federal and Other Funds

$5,368,929

Medical Assistance Program

$3,105

Community Mental Health Services Block Grant

$5,365,824

State Funds

$64,754,745

State General Funds

$64,754,745

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$64,730,241 $70,099,170

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$10,042

$10,042

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$11,956

$11,956

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,506

$2,506

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$64,754,745 $70,123,674

Child Support Services

To provide a confidential forum for local child fatality review committees to determine manner and cause of death and if the death was preventable.

Total Funds

$67,502,816

Federal and Other Funds

$51,919,936

Federal Funds Not specifically Identified

$51,499,936

Agency Funds

$300,000

Social Services Block Grant

$120,000

State Funds

$15,582,880

State General Funds

$15,582,880

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$15,508,672 $67,816,843

THURSDAY, MARCH 30, 2006

4353

Realign the program and sub-program structure within the Department of Human Resources
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Reduce administrative costs. (CC:No contracts with District Attorneys are to be reduced)
Amount appropriated in this Act

$0

$0

$125,164 $149,044

$125,164 $149,044

($200,000) ($588,235)

$15,582,880 $67,502,816

Child Welfare Services

To encourage and enforce the parental responsibility of paying financial support.

Total Funds

$242,262,751

Federal and Other Funds

$179,122,295

Federal Funds Not specifically Identified

$67,175,117

Agency Funds

$13,490,604

Temporary Assistance for Needy Families Block Grant

$75,763,725

Social Services Block Grant

$4,664,167

Foster Care Title IV-E

$18,028,682

State Funds

$63,140,456

State General Funds

$63,140,456

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$60,124,883 $230,325,811

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$205,240

$205,240

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$244,398

$244,398

Replace tobacco funds with state general funds.

$0

$0

Realize efficiencies through the consolidation of DFCS county management in the Child Welfare Services program and eliminate 60 positions through attrition.

($1,503,900) ($3,000,000)

Recognize an increase in the federal match rate by adjusting state funds.

($335,972) ($335,972)

Reduce contracts and operating cost.

($31,718)

($31,718)

Provide TANF funds in the Child Welfare Services program for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase prosecutions of perpetrators.

$0

$0

4354

JOURNAL OF THE SENATE

(CC:Fund through the Children's Trust Fund Commission)
Provide TANF funds in the Child Welfare Services program for Court Appointed Special Advocates to assist an additional 1,000 abused or neglected children in juvenile court deprivation proceedings.
Annualize the cost of 500 additional Child Protective Services caseworkers in the Child Welfare Services program.
Adjust federal funds.
Remove TANF funds transferred to SSBG to be used for Child Welfare Services
Increase TANF funding for the prevention of unnecessary placement services
Increase TANF funding to counties for Child Protective Services work activities
Increase TANF funding for child welfare diversion
Add TANF funding to support CPS intake activities for non Title IV-E eligible families.
Amount appropriated in this Act

$0

$280,000

$4,437,525 $9,389,500

$0

$0

$0 ($20,114,508)

$0

$0

$0 $23,800,000

$0

$0

$0 $1,500,000

$63,140,456 $242,262,751

Child Care Services

To investigate allegations of child abuse, abandonment and neglect and to provide services to protect the child and strengthen the family.

Total Funds

$232,966,802

Federal and Other Funds

$175,018,409

Federal Funds Not specifically Identified

$120,398,416

Agency Funds

$832,728

Social Services Block Grant

$90

Child Care and Development Block Grant

$53,787,175

State Funds

$57,948,393

State General Funds

$57,948,393

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$57,805,665 $194,944,868

Increase CCDF funding to improve child care rate reimbursement and the number of children served. (CC:Reflect actual operating budget-no net change to reimbursement or number of children served)

$0 $59,798,560

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

THURSDAY, MARCH 30, 2006

4355

Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Supplant CCDF funds, transferred from TANF funds, with TANF unobligated balance funds (CC:Use CCDF reserved funds)
Reflect $21,919,354 in base budget transfers of CCDF block grant funds to the Department of Early Care and Learning. (CC:YES)
Amount appropriated in this Act

$65,149 $77,579
$0

$65,149 $77,579
$0

$0 ($21,919,354)

$57,948,393 $232,966,802

Direct Care Support Services

To provide facility support services and direct patient support therapies.

Total Funds

$151,264,509

Federal and Other Funds

$48,464,098

Federal Funds Not specifically Identified

$6,120,300

Agency Funds

$42,343,798

State Funds

$97,707,457

State General Funds

$97,707,457

Intra-State Government Transfers

$5,092,954

Other Intra-State Government Payments

$5,092,954

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$94,448,798 $148,005,850

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$888,872

$888,872

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$1,058,460 $1,058,460

Reclassify funding.

$0

$0

Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies:

$1,462,204 $1,462,204

a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital by October 1, 2006; b. Transfer 35 adult mental health consumers to the community by March 1, 2007; c. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006;

4356

JOURNAL OF THE SENATE

d. Transfer 40 forensic beds to Georgia Regional Hospital Savannah by June 15, 2007; e. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007; f. Provide court ordered community placement for 35 forensic consumers by June 1,2007; g. Transfer administration of 8 adolescent transition beds to Southwest State Hospital

Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center at Central State.

($150,877) ($150,877)

Amount appropriated in this Act

$97,707,457 $151,264,509

Elder Abuse Investigations and Prevention

To prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred.

Total Funds

$15,370,535

Federal and Other Funds

$7,024,297

Federal Funds Not specifically Identified

$566,695

Social Services Block Grant

$2,279,539

Medical Assistance Program

$4,178,063

State Funds

$8,346,238

State General Funds

$8,346,238

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$8,171,437 $15,195,734

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$79,789

$79,789

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$95,012

$95,012

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$8,346,238 $15,370,535

Elder Community Living Services

To provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$108,703,829

Federal and Other Funds

$34,184,121

Federal Funds Not specifically Identified

$19,829,293

THURSDAY, MARCH 30, 2006

4357

Social Services Block Grant Medical Assistance Program State Funds Tobacco Funds State General Funds

$3,761,430 $10,593,398 $74,519,708
$5,465,745 $69,053,963

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$71,050,361 $104,535,437

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Recognize an increase in the federal match rate by adjusting state funds.

($28,865)

($28,865)

Provide funds for an additional 500 slots in the Community Care Services Program for eligible elderly clients which will provide services that will enable them to continue to live at home. (CC:Add 500 slots and 12 months funding to bring the total to 1,000 slots.)

$3,615,330

$4,314,375

Annualize the cost of the FY2006 salary adjustment.

$6,142

$6,142

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$7,314

$7,314

Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health.

($130,574) ($130,574)

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$74,519,708 $108,703,829

Elder Support Services

To assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services.

Total Funds

$8,880,962

Federal and Other Funds

$5,470,220

Federal Funds Not specifically Identified

$5,470,220

State Funds

$3,410,742

Tobacco Funds

$2,534,647

State General Funds

$876,095

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4358

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85)
Realign the program and sub-program structure within the Department of Human Resources
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Improve customer service by expanding the Division of Aging Services' information, screening, and assistance (Gateway) operation to include service to individuals with developmental disabilities (MH/DD/AD).
Provide additional funding for Naturally Occurring Retirement Communities (NORC). (CC:$250,000 in base brings total funding to $375,000)
Provide one-time funding for construction and the expansion of the Ruth Byck Adult Day Care in Savannah, GA.
Amount appropriated in this Act

State Funds $2,534,647
$0

Total Funds $8,004,867
$0

$500 $595

$500 $595

$700,000

$700,000

$125,000

$125,000

$50,000 $3,410,742

$50,000 $8,880,962

Eligibility Determination

To promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled.

Total Funds

$50,305,844

Federal and Other Funds

$24,377,800

Agency Funds

$1,709,341

Medical Assistance Program

$22,668,459

State Funds

$25,928,044

State General Funds

$25,928,044

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$25,683,414 $50,061,214

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$111,663

$111,663

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$132,967

$132,967

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$25,928,044 $50,305,844

THURSDAY, MARCH 30, 2006

4359

Emergency Preparedness/Trauma System Improvement

To prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system.

Total Funds

$6,989,265

Federal and Other Funds

$1,147,504

Preventive Health and Health Services Block Grant

$1,147,504

State Funds

$5,841,761

State General Funds

$5,841,761

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,798,557 $5,946,061

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$16,713

$16,713

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$19,902

$19,902

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$6,589

$6,589

Initiate trauma care funding to subsidize designated trauma centers uncompensated care costs for the provision of direct patient care to victims of traumatic injuries. Funding allocation should be pooled based on designations: a. Level I Centers receiving 55% of initial funding b. Level II Centers receiving 38% of initial funding c. Pediatric Centers receiving 5% of initial funding d. Level III Centers receiving 2% of initial funding (CC:Item b - 43%; Item c - No pediatric center designation; Item d - move language to DCH)

$1,000,000 $1,000,000

Reclassify funding.

$0

$0

Provide funds to the American Red Cross to recruit, train, and outfit volunteers.

$0

$0

Amount appropriated in this Act

$5,841,761 $6,989,265

Energy Assistance To assist low-income households in meeting their immediate home energy needs. Total Funds Federal and Other Funds
Agency Funds Low-Income Home Energy Assistance

$19,371,500 $18,623,684
$40,269 $18,583,415

4360

JOURNAL OF THE SENATE

State Funds State General Funds

$747,816 $747,816

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$747,816 $19,371,500

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Amount appropriated in this Act

$747,816 $19,371,500

Epidemiology

To monitor, investigate, and respond to disease, injury, and other events of public health concern.

Total Funds

$5,538,665

Federal and Other Funds

$372,341

Federal Funds Not specifically Identified

$15,631

Medical Assistance Program

$159,960

Preventive Health and Health Services Block Grant

$196,750

State Funds

$5,166,324

Tobacco Funds

$115,637

State General Funds

$5,050,687

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,054,290 $5,426,631

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$50,412

$50,412

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$60,031

$60,031

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,591

$1,591

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$5,166,324 $5,538,665

Facility and Provider Regulation
To inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities.

THURSDAY, MARCH 30, 2006

4361

Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds

$13,818,307 $6,534,304 $6,534,304 $7,284,003 $7,284,003

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,752,292 $13,286,596

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$34,957

$34,957

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$41,627

$41,627

Provide funds to increase inspection of licensed residential child caring facilities in the Regulatory Compliance program. (CC:In the Facility and Provider Regulation program)

$534,716

$534,716

Reduce administrative costs. (CC:No contracts are to be reduced)

($79,589)

($79,589)

Amount appropriated in this Act

$7,284,003 $13,818,307

Family Violence Services To provide safe shelter and related services for victims of family violence. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Temporary Assistance for Needy Families Block Grant Foster Care Title IV-E State Funds State General Funds

$10,002,769 $5,349,430
$122 $3,617 $5,065,244 $280,447 $4,653,339 $4,653,339

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,701,950 $8,551,380

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$634

$634

4362

JOURNAL OF THE SENATE

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Create 3 new rape crisis centers in the areas of most need of the northern, southern, and eastern regions of the State of Georgia.
Redirect $500,000 in TANF funds used for prevention of unnecessary placement activities to direct contracts with family violence shelters to provide early intervention services for families at risk of domestic violence. (CC:YES)
Increase TANF funding for family violence services
Provide funding for the Sexual Assault Center of the Northwest.
Transfer base budget funding of Child Advocacy Centers to the Children's Trust Fund Commission.
Amount appropriated in this Act

$755 $225,000
$0

$755 $225,000
$0

$0 $25,000 ($300,000)

$1,500,000 $25,000
($300,000)

$4,653,339 $10,002,769

Federal and Unobligated Balances To reflect balances of federal funds from prior years. No services are provided. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified TANF Block Grant Unobligated Balance

$131,448,509 $131,448,509 $20,591,603 $110,856,906

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $236,180,668

Reflect Social Services Block Grant reserved funds appropriated

$0

$0

in the FY 2006 Budget.

Transfer reserved Social Service Block Grant funding to various

$0

$0

programs to cover current cost initiatives.

Reflect Child Care Development Fund (CCDF) reserved funds appropriated in the FY 2006 Budget.

$0

$0

Transfer reserved Child Care Development Funds (CCDF) to various programs to cover current cost initiatives.

$0

$0

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Transfer reserved TANF funding to various programs to cover new cost initiatives in the current FY 2007 budget

$0

$0

Reflect TANF reserved funds appropriated in the FY 2006 Budget

$0

$0

Reclassify funding.

$0

$0

Reclassify TANF funding.

$0

$0

THURSDAY, MARCH 30, 2006

4363

Reflect funds to account for expenditures in SFY2006. Transfer funds to cover SFY2007 expenditures. Amount appropriated in this Act

$0 ($40,645,371) $0 ($64,086,788) $0 $131,448,509

Food Stamp Eligibility & Benefits

To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries.

Total Funds

$53,632,268

Federal and Other Funds

$29,693,542

Federal Funds Not specifically Identified

$25,663,448

Agency Funds

$2,125,153

Foster Care Title IV-E

$1,904,941

State Funds

$23,938,726

State General Funds

$23,938,726

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$23,551,409 $53,244,951

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$176,793

$176,793

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$210,524

$210,524

Amount appropriated in this Act

$23,938,726 $53,632,268

Immunization

To provide immunization, consultation, training, assessment, vaccines and technical assistance.

Total Funds

$17,982,978

Federal and Other Funds

$8,769,874

Federal Funds Not specifically Identified

$1,303,416

Maternal and Child Health Services Block Grant

$6,762,746

Preventive Health and Health Services Block Grant

$703,712

State Funds

$9,213,104

State General Funds

$9,213,104

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:
State Funds Total Funds

4364

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85)

$9,022,926 $17,792,800

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$83,262

$83,262

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$99,147

$99,147

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$7,769

$7,769

Amount appropriated in this Act

$9,213,104 $17,982,978

Infant and Child Essential Health Treatment Services

To avoid unnecessary health problems in later life by providing comprehensive health services to infant and children.

Total Funds

$44,873,323

Federal and Other Funds

$11,481,664

Federal Funds Not specifically Identified

$2,898,648

Maternal and Child Health Services Block Grant

$7,960,921

Medical Assistance Program

$354,740

Preventive Health and Health Services Block Grant

$267,355

State Funds

$33,391,659

State General Funds

$33,391,659

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$32,846,767 $44,328,431

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$79,683

$79,683

Annualize the cost of the FY2006 salary adjustment.

$104,803

$104,803

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$94,887

$94,887

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$124,800

$124,800

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$30,246

$30,246

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$30,473

$30,473

Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the

$80,000

$80,000

THURSDAY, MARCH 30, 2006

4365

lowest per citizen based on population. Classify Medicaid funding. Amount appropriated in this Act

$0

$0

$33,391,659 $44,873,323

Infant and Child Health Promotion

To provide education and services to promote health and nutrition for infants and children.

Total Funds

$108,203,999

Federal and Other Funds

$94,313,893

Federal Funds Not specifically Identified

$85,233,807

Agency Funds

$2,281,919

Maternal and Child Health Services Block Grant

$1,258,688

Medical Assistance Program

$5,383,258

Preventive Health and Health Services Block Grant

$156,221

State Funds

$13,890,106

State General Funds

$13,890,106

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$15,497,296 $107,529,270

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Replace tobacco funds with state general funds.

$0

$0

Increase the number of newborn screening tests currently

($2,281,919)

$0

performed from 13 to 29 to improve health and developmental

outcomes for children. Reflect a $40 fee and reduce state funds

in the Comprehensive Child Health subprogram.

Reduce contracts and operating cost.

($125,000) ($125,000)

Annualize the cost of the FY2006 salary adjustment.

$77,704

$77,704

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$92,529

$92,529

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$29,496

$29,496

Provide additional funding for prenatal care through the Babies Born Healthy program.

$500,000

$500,000

Provide funding to the Rally Foundation for childhood cancer awareness activities.

$20,000

$20,000

Reclassify funding.

$0

$0

Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth,

$80,000

$80,000

4366

JOURNAL OF THE SENATE

Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. Classify Medicaid funding. Amount appropriated in this Act

$0

$0

$13,890,106 $108,203,999

Infectious Disease Control

To ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$46,185,547

Federal and Other Funds

$10,939,695

Federal Funds Not specifically Identified

$10,705,829

Agency Funds

$150,000

Maternal and Child Health Services Block Grant

$83,866

State Funds

$35,245,852

State General Funds

$35,245,852

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$34,260,688 $45,200,383

Provide funding for Hepatitis C testing within the Department of Public Health.

$104,297

$104,297

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Replace tobacco funds with state general funds.

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$350,627

$350,627

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$417,524

$417,524

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$32,716

$32,716

Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population.

$80,000

$80,000

Amount appropriated in this Act

$35,245,852 $46,185,547

Injury Prevention

To provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents.

Total Funds

$539,398

THURSDAY, MARCH 30, 2006

4367

Federal and Other Funds Preventive Health and Health Services Block Grant
State Funds State General Funds

$112,005 $112,005 $427,393 $427,393

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$277,393

$389,398

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Begin a State run program providing suicide prevention services through the Division of Public Health.

$150,000

$150,000

Amount appropriated in this Act

$427,393

$539,398

Inspections and Environmental Hazard Control

To detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, swimming pools.

Total Funds

$14,955,915

Federal and Other Funds

$543,732

Maternal and Child Health Services Block Grant

$194,703

Medical Assistance Program

$12,257

Preventive Health and Health Services Block Grant

$336,772

State Funds

$14,412,183

State General Funds

$14,412,183

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$14,289,821 $14,833,553

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$45,286

$45,286

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$53,926

$53,926

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$23,150

$23,150

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$14,412,183 $14,955,915

4368

JOURNAL OF THE SENATE

Out-of-Home Care

To provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment.

Total Funds

$313,782,000

Federal and Other Funds

$164,826,130

Federal Funds Not specifically Identified

$6,155,013

Agency Funds

$33,086,084

Temporary Assistance for Needy Families Block Grant

$61,940,799

Social Services Block Grant

$3,600,000

Foster Care Title IV-E

$26,550,734

Medical Assistance Program

$33,493,500

State Funds

$148,955,870

State General Funds

$148,955,870

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$148,950,713 $303,915,132

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$143,264

$143,264

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$170,598

$170,598

Recognize an increase in the federal match rate by adjusting state funds.

($1,076,904) ($1,076,904)

Increase the relative care subsidy rate in the Family Foster Care subprogram of the Out of Home Care program to 80% of the family foster care rate using TANF funds to increase the number of children placed with relatives.

$0 $7,450,000

Provide TANF funds in the Family Foster Care subprogram of the Out of Home Care program for an additional $100 per month per child to foster parents caring for sibling groups of 3 or more children.

$0 $1,098,000

Increase family foster care per diem rates in the Family Foster Care subprogram in the Out of Home Care program by 3.2%, consistent with the Consumer Price Index (CPI) increase.

$768,199 $1,581,910

Reduce TANF funding for initial foster care services

$0 ($800,000)

Provide funding for SB 420 that sets up subsidies for grandparents under 200% of the federal poverty level taking care of grandchildren.

$0 $1,300,000

Reflect $4,957,827 in surplus funding being applied to offset the

$0

$0

Level of Care Deficit. (CC:YES)

THURSDAY, MARCH 30, 2006

4369

Classify Medicaid funding. Amount appropriated in this Act

$0

$0

$148,955,870 $313,782,000

Refugee Assistance

To provide employment, health screening, medical, cash, and social services assistance to refugees.

Total Funds

$3,699,665

Federal and Other Funds

$3,184,005

Federal Funds Not specifically Identified

$3,103,467

Agency Funds

$80,538

State Funds

$515,660

State General Funds

$515,660

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$515,660 $3,699,665

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Amount appropriated in this Act

$515,660 $3,699,665

Substance Abuse Prevention Services

To promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs.

Total Funds

$11,271,176

Federal and Other Funds

$10,512,485

Federal Funds Not specifically Identified

$320,397

Prevention and Treatment of Substance Abuse Block Grant

$10,192,088

State Funds

$758,691

State General Funds

$758,691

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$669,605 $11,182,090

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$40,664

$40,664

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$48,422

$48,422

4370

JOURNAL OF THE SENATE

Amount appropriated in this Act

$758,691 $11,271,176

Support for Needy Families - Family Assistance

To administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$64,610,360

Federal and Other Funds

$47,826,845

Federal Funds Not specifically Identified

$11,959,324

Agency Funds

$2,786,034

Temporary Assistance for Needy Families Block Grant

$5,991,093

Medical Assistance Program

$9,905,211

Community Services Block Grant

$17,185,183

State Funds

$16,783,515

State General Funds

$16,783,515

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$17,069,906 $71,196,751

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$157,449

$157,449

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$187,489

$187,489

Recognize an increase in the federal match rate by adjusting state funds.

($631,329) ($631,329)

Reduce TANF funding to support administration

$0 ($9,300,000)

Increase TANF funding for the SNAP program at the Atlanta Food Bank (CC:Food bank assistance statewide)

$0 $1,000,000

Increase TANF funding for a pay evaluation of the Office of Family Independence (CC:Use to reward staff for achieving a high performance bonus. Reward contingent on continued receipt of the bonus)

$0 $2,000,000

Reclassify funding.

$0

$0

Classify Medicaid funding.

$0

$0

Amount appropriated in this Act

$16,783,515 $64,610,360

Support for Needy Families - Basic Assistance
To provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

THURSDAY, MARCH 30, 2006

4371

Total Funds

$91,688,339

Federal and Other Funds

$77,288,339

Temporary Assistance for Needy Families Block Grant

$47,350,375

TANF Block Grant Unobligated Balance

$29,937,964

State Funds

$14,400,000

State General Funds

$14,400,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$14,400,000 $129,188,339

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Reduce TANF funding to Cash Assistance based on declining caseloads

$0 ($17,500,000)

Add additional TANF funds to serve clients with wage disregard

$0

$0

Refinance program TANF block grant funds with Unobligated Balance funds (that can only be spent on activities that meet the federal definition of "assistance") to compensate for increased TANF expenditures. (CC:YES)

$0

$0

Transfer Maintenance of Effort money to the After School Care program.

$0 ($20,000,000)

Reclassify funding

$0

$0

Amount appropriated in this Act

$14,400,000 $91,688,339

Support for Needy Families - Work Assistance

To assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$86,067,279

Federal and Other Funds

$60,067,279

Temporary Assistance for Needy Families Block Grant

$60,067,279

State Funds

$26,000,000

State General Funds

$26,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$26,000,000 $65,331,497

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

4372

JOURNAL OF THE SENATE

Provide TANF funds in the Temporary Assistance for Needy Families subprogram of the Economic Assistance program to enhance TANF employment retention efforts including filling vacant positions to work with and support the most difficult to serve TANF clients.
Provide TANF funds in the Temporary Assistance for Needy Families subprogram of the Economic Assistance program for the TeenWork program to allow for the employment of teenagers in TANF families. (CC:In the Support for Needy Families - Work Assistance program.)
Provide TANF funds in the Temporary Assistance for Needy Families subprogram of the Economic Assistance program to develop a support system to assist seriously mentally ill or disabled TANF clients apply for SSI or enter a specialized work program. (CC:In the Support for Needy Families - Work Assistance program)
Decrease TANF funding for the Good Works and job placement program
Increase TANF funding for Charitable Choice
Increase TANF funding for translation services
Increase TANF funding to counties performing eligibility and employability work activities
Provide clients, who are employed and receive a TANF payment, with a disregard of wages (a percentage of wages will not count towards eligibility) for six months. This will allow clients time to adjust to work and become financially stable.
Reflect $12,901,218 to the Department of Labor and $7,300,000 to the Department of Technical and Adult Education in base budget transfers for TANF funds. (CC:YES)
Provide clients, who are employed but no longer receive a TANF payment, with work supports such as transportation, tools and uniforms for six months. This will provide a step down level of support for working parents. (TANF)
Hire staff to provide job retention and other support services. Staff would have special skills to assist newly employed with mentoring and other support services. (TANF)
Provide employed clients temporary assistance for work-related emergencies like car repairs. (TANF)
Amount appropriated in this Act

$0

$0

$0

$740,000

$0 $1,597,000

$0

$0

$0 $4,000,000

$0

$500,000

$0 $16,100,000

$0 $8,280,000

$0 ($20,201,218) $0 $3,600,000

$0 $5,040,000
$0 $1,080,000 $26,000,000 $86,067,279

Vital Records
To register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

THURSDAY, MARCH 30, 2006

4373

Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds

$2,496,867 $288,204 $288,204
$2,208,663 $2,208,663

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,064,090 $2,352,294

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$65,054

$65,054

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$77,465

$77,465

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,054

$2,054

Amount appropriated in this Act

$2,208,663 $2,496,867

The following appropriations are for agencies attached for administrative purposes.

Brain and Spinal Injury Trust Fund

To provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries.

Total Funds

$3,007,691

State Funds

$3,007,691

Brain and Spinal Injury Trust Fund

$3,007,691

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,000,000 $3,000,000

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$854

$854

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$2,136

$2,136

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$4,001

$4,001

4374

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

$700 $3,007,691

$700 $3,007,691

Child Fatality Review Panel

To permit low income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care.

Total Funds

$338,832

State Funds

$338,832

State General Funds

$338,832

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$334,562

$334,562

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$160

$160

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$400

$400

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$3,360

$3,360

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$350

$350

Amount appropriated in this Act

$338,832

$338,832

Children's Trust Fund Commission

To support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect.

Total Funds

$7,494,828

Federal and Other Funds

$250,000

Temporary Assistance for Needy Families Block Grant

$250,000

State Funds

$7,244,828

State General Funds

$7,244,828

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,932,873 $6,932,873

THURSDAY, MARCH 30, 2006

4375

Transfer base budget funding of Child Advocacy Centers from the Family Violence Services program. Provide TANF funds in the Child Welfare Services program for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase prosecutions of perpetrators. (CC:Transfered from Child Welfare)
Realign the program and sub-program structure within the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Replace tobacco funds with state general funds. Amount appropriated in this Act

$300,000 $0

$300,000 $250,000

$0
$1,853 $4,633
$5,002

$0
$1,853 $4,633
$5,002

$467
$0 $7,244,828

$467
$0 $7,494,828

Council on Aging

To assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives.

Total Funds

$174,761

State Funds

$174,761

State General Funds

$174,761

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$148,951

$148,951

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$960

$960

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$2,400

$2,400

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$2,450

$2,450

Provide additional operating expenses for the Georgia Council on Aging.

$20,000

$20,000

4376

JOURNAL OF THE SENATE

Amount appropriated in this Act

$174,761

$174,761

Developmental Disabilities, Council on

To promote quality services and support for people with developmental disabilities and their families.

Total Funds

$2,291,707

Federal and Other Funds

$2,262,002

Federal Funds Not specifically Identified

$2,262,002

State Funds

$29,705

State General Funds

$29,705

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$29,241 $2,277,634

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$82

$82

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$205

$205

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$177

$13,786

Amount appropriated in this Act

$29,705 $2,291,707

Family Connection

To provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$10,862,572

Federal and Other Funds

$1,475,000

Temporary Assistance for Needy Families Block Grant

$1,200,000

Medical Assistance Program

$275,000

State Funds

$9,387,572

State General Funds

$9,387,572

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,130,281 $10,605,281

Realign the program and sub-program structure within the Department of Human Resources

$0

$0

THURSDAY, MARCH 30, 2006

4377

Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Provide evaluation and technical assistance funding to Family Connection Partnership.
Classify Medicaid funding.
Amount appropriated in this Act

$1,447 $3,618
$2,226

$1,447 $3,618
$2,226

$250,000

$250,000

$0

$0

$9,387,572 $10,862,572

Assistance to Disabled Children
To provide for reimbursements for health care services delivered after April 1, 2006 for children who qualify under the Social Security Income clinically eligible criteria but not the income eligibility criteria and not covered by any other government program.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Provide $7,600,000 one-time state appropriated funds authorizing DHR to select a fiscal intermediary to establish an independently operated Foundation who will determine the vehicle for distributing the funds, HB 1026.

$0

$0

Amount appropriated in this Act

$0

$0

Section 28: Insurance, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers

$18,738,528 $1,051,787
$954,555 $81,945 $15,287
$17,686,741 $17,686,741
$0

Administration

The purpose is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a fire safe environment.

Total Funds

$2,295,936

4378

JOURNAL OF THE SENATE

State Funds State General Funds

$2,295,936 $2,295,936

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,203,831 $2,203,831

Annualize the cost of the FY2006 salary adjustment.

$32,401

$32,401

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$18,271

$18,271

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$2,717

$2,717

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$36,547

$36,547

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,169

$2,169

Amount appropriated in this Act

$2,295,936 $2,295,936

Enforcement

The purpose is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law relating to insurance, industrial loan, fire safety and fraud.

Total Funds

$812,230

State Funds

$812,230

State General Funds

$812,230

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.

State Funds Total Funds

$767,482 $767,482

$15,000 $15,000

$6,131

$6,131

$10,625 $10,625

$12,264 $12,264

$728

$728

THURSDAY, MARCH 30, 2006

4379

Amount appropriated in this Act

$812,230 $812,230

Fire Safety

The purpose is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and property.

Total Funds

$6,186,518

Federal and Other Funds

$1,051,787

Federal Funds Not specifically Identified

$954,555

Agency Funds

$81,945

Other Funds

$15,287

State Funds

$5,134,731

State General Funds

$5,134,731

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,955,173 $5,991,673

Annualize the cost of the FY2006 salary adjustment.

$32,401 $32,401

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$39,232 $39,232

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$0

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$22,224 $22,224

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$81,043 $96,330

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,658

$4,658

Amount appropriated in this Act

$5,134,731 $6,186,518

Industrial Loan

The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less.

Total Funds

$723,126

State Funds

$723,126

State General Funds

$723,126

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4380

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

State Funds Total Funds

$688,827 $688,827

$15,000 $15,000

$5,479

$5,479

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

$2,211 $10,959
$650 $723,126

$2,211 $10,959
$650 $723,126

Insurance Regulation

The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations and standards.

Total Funds

$5,617,954

State Funds

$5,617,954

State General Funds

$5,617,954

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,396,059 $5,396,059

Annualize the cost of the FY2006 salary adjustment.

$32,401 $32,401

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$43,952 $43,952

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$52,407 $52,407

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$87,916 $87,916

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$5,219

$5,219

Amount appropriated in this Act

$5,617,954 $5,617,954

Special Fraud The purpose is to identify and take appropriate action to deter insurance fraud. Total Funds State Funds

$3,102,764 $3,102,764

THURSDAY, MARCH 30, 2006

4381

State General Funds

$3,102,764

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,803,036 $2,803,036

Annualize the cost of the FY2006 salary adjustment.

$2,400

$2,400

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$20,598 $20,598

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$36,121 $36,121

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$41,200 $41,200

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,445

$2,445

Increase funding for Special Fraud program.

$196,964 $196,964

Amount appropriated in this Act

$3,102,764 $3,102,764

Section 29: Investigation, Georgia Bureau of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$100,652,789 $34,771,198 $29,883,487
$4,887,711 $65,881,591 $65,881,591
$0

Administration

To provide the highest quality investigative, scientific, information services and resources for the purpose of maintaining law and order and protecting life and property.

Total Funds

$9,642,323

Federal and Other Funds

$8,246

Federal Funds Not specifically Identified

$6,812

Agency Funds

$1,434

State Funds

$9,634,077

State General Funds

$9,634,077

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4382

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

State Funds $9,463,895
$33,193 $55,802
$73,254
$7,933
$9,634,077

Total Funds $9,470,707
$33,193 $55,802
$74,688
$7,933
$9,642,323

Centralized Scientific Services

To provide analysis of illicit and licit drugs, unknown substances and fire debris evidence.

Total Funds

$12,609,152

Federal and Other Funds

$3,601

Agency Funds

$3,601

State Funds

$12,605,551

State General Funds

$12,605,551

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$12,160,701 $12,160,701

Annualize the cost of the FY2006 salary adjustment.

$104,805 $104,805

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$136,667 $136,667

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$183,948

$187,549

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$19,430

$19,430

Realign funds to meet projected expenditures by program.

$0

$0

Amount appropriated in this Act

$12,605,551 $12,609,152

Criminal Justice Information Services

To provide fingerprint identification and processing of criminal history source documents to create and update criminal history records.

Total Funds

$9,761,238

Federal and Other Funds

$2,604

Agency Funds

$2,604

THURSDAY, MARCH 30, 2006

4383

State Funds

$9,758,634

State General Funds

$9,758,634

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,252,470 $9,252,470

Annualize the cost of the FY2006 salary adjustment.

$77,084

$77,084

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$97,882

$97,882

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$133,033

$135,637

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$13,915

$13,915

Provide funds to maintain the Uniform Crime Reporting (UCR) Unit.

$184,250 $184,250

Realign funds to meet projected expenditures by program.

$0

$0

Amount appropriated in this Act

$9,758,634 $9,761,238

Georgia Information Sharing and Analysis Center (GISAC)

To assist all officials and agencies of the criminal justice system in the fulfillment of their varied responsibilities on a statewide basis by providing round-the-clock access to needed information.

Total Funds

$818,653

Federal and Other Funds

$479

Agency Funds

$479

State Funds

$818,174

State General Funds

$818,174

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$775,258 $775,258

Annualize the cost of the FY2006 salary adjustment.

$7,289

$7,289

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$9,775

$9,775

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$24,462

$24,941

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,390

$1,390

Amount appropriated in this Act

$818,174 $818,653

4384

JOURNAL OF THE SENATE

Regional Forensic Services To provide pathology services to determine cause and manner of death. Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds

$8,217,921 $2,255 $2,255
$8,215,666 $8,215,666

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$7,926,106 $7,926,106

Annualize the cost of the FY2006 salary adjustment.

$73,967

$73,967

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$87,900

$87,900

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$115,197

$117,452

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$12,496

$12,496

Amount appropriated in this Act

$8,215,666 $8,217,921

Regional Investigative Services

To identify, collect, preserve and process evidence located during crime scene examinations.

Total Funds

$21,163,563

Federal and Other Funds

$204,482

Agency Funds

$204,482

State Funds

$20,959,081

State General Funds

$20,959,081

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$19,213,518 $19,213,518

Annualize the cost of the FY2006 salary adjustment.

$171,379 $171,379

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$225,494 $225,494

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$306,447

$312,446

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$32,057

$32,057

THURSDAY, MARCH 30, 2006

4385

Replace state funds for applicant polygraph testing in the

($198,483)

$0

Polygraph Unit with revenues generated from fee-for-service

collections.

Establish the Meth Force to investigate methamphetamine-related crimes by funding an agent school to fill 15 agent vacancies and associated operating expenses.

$1,018,090 $1,018,090

Realign funds to meet projected expenditures by program.

$0

$0

Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement personnel: Special Agent 3. (CC:Add Special Agent 1, Special Agent 2, ASAC/Multi-Jurisdictional Task Force, and Narcotics Agents)

$190,579

$190,579

Amount appropriated in this Act

$20,959,081 $21,163,563

State Healthcare Fraud Unit

To identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds

$1,124,508

Federal and Other Funds

$387

Agency Funds

$387

State Funds

$1,124,121

State General Funds

$1,124,121

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,092,276 $1,092,276

Annualize the cost of the FY2006 salary adjustment.

$4,191

$4,191

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$6,887

$6,887

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$19,788

$20,175

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$979

$979

Amount appropriated in this Act

$1,124,121 $1,124,508

Special Operations Unit

Personnel respond on a statewide basis in order to render safe explosive devices of all types. Members of the unit also assist in the identification, arrest and prosecution of individuals.

Total Funds

$699,354

Federal and Other Funds

$200

4386

JOURNAL OF THE SENATE

Agency Funds State Funds
State General Funds

$200 $699,154 $699,154

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$673,951 $673,951

Annualize the cost of the FY2006 salary adjustment.

$6,116

$6,116

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$7,782

$7,782

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$10,199

$10,399

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,106

$1,106

Amount appropriated in this Act

$699,154 $699,354

Task Forces

To provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

Total Funds

$984,053

Federal and Other Funds

$376

Agency Funds

$376

State Funds

$983,677

State General Funds

$983,677

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,033,347 $1,033,347

Annualize the cost of the FY2006 salary adjustment.

$7,092

$7,092

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$13,915

$13,915

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$19,222

$19,598

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,978

$1,978

Eliminate the High-Intensity Drug Trafficking Area (HIDTA) program, including 2 positions, which duplicates existing local government efforts.

($91,877) ($91,877)

THURSDAY, MARCH 30, 2006

4387

Amount appropriated in this Act

$983,677 $984,053

The following appropriations are for agencies attached for administrative purposes.

Criminal Justice Coordinating Council

To improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities and to award grants from Local Law Enforcement and Firefighter Fund.

Total Funds

$35,632,024

Federal and Other Funds

$34,548,568

Federal Funds Not specifically Identified

$29,876,675

Agency Funds

$4,671,893

State Funds

$1,083,456

State General Funds

$1,083,456

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$818,629 $35,366,742

Establish a DUI Court grant program to reduce repeat drunk driving offenses.

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$3,833

$3,833

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$4,500

$4,500

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$23,205

$23,660

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$544

$544

Increase personal services and operating funds to leverage Federal grant money to be administered in the State.

$32,745

$32,745

Establish a Local Law Enforcement and Fire Protection Grants program to assist local governments.

$200,000 $200,000

Amount appropriated in this Act

$1,083,456 $35,632,024

Section 30: Juvenile Justice, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Other Funds State Funds

$319,020,177 $21,313,066
$2,893,133 $18,370,971
$48,962 $297,707,111

4388

JOURNAL OF THE SENATE

State General Funds

$297,707,111

Intra-State Government Transfers

$0

Administration

The purpose is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in appropriate settings.

Total Funds

$28,573,319

Federal and Other Funds

$202,552

Agency Funds

$198,219

Other Funds

$4,333

State Funds

$28,370,767

State General Funds

$28,370,767

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$26,168,662 $26,366,881

Annualize the cost of the FY2006 salary adjustment.

$160,985

$160,985

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$196,066

$196,066

Increase funds to reflect an adjustment in the employer share of

$282,603

the State Health Benefit Plan premiums from 14.20% to 16.713%.

$286,936

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$41,052

$41,052

Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. (CC:YES)

$177,557

$177,557

Add 12 Facility-Based Investigations staff to satisfy timeliness requirements for incident investigations.

$499,524

$499,524

Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. (CC:YES)

$0

$0

Reduce Administration program costs to realize efficiencies in per diem and fees ($100,000) and personal services ($200,000).

($300,000) ($300,000)

Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following positions: Juvenile Correction Officer 1 and Juvenile Correction Officer 2.

$1,144,318

$1,144,318

Amount appropriated in this Act

$28,370,767 $28,573,319

THURSDAY, MARCH 30, 2006

4389

Community Non-Secure Commitment

The purpose is to protect the public, hold youth accountable for their actions and assist youth in becoming law-abiding citizens by providing non-hardware secure community-based residential placement or services for committed youth.

Total Funds

$57,060,707

Federal and Other Funds

$10,003,139

Agency Funds

$10,002,619

Other Funds

$520

State Funds

$47,057,568

State General Funds

$47,057,568

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Annualize the cost of the FY2006 salary adjustment.

($16,111)

($16,111)

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$23,574

$23,574

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$33,980

$34,500

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,937

$4,937

Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. (CC:YES)

($468,733)

($468,733)

Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health.

($13,768)

($13,768)

Reflect savings in contract costs due to the closure of beds at the Department of Human Resource's West Central Regional Hospital ($307,541) and Northwest Regional Hospital ($157,000).

($464,541)

($464,541)

Provide funding for additional contract staff in the Tracking program to allow for statewide monitoring of youth in community settings.

$737,154

$737,154

Reduce 15 Short-Term Intermediate Intervention Program beds by utilizing existing capacity at the Augusta YDC facility and reducing contract costs.

($1,314,000) ($1,314,000)

Increase Multi-Systemic Therapy services by providing 30 additional slots, serving an additional 120 youth.

$582,212

$582,212

4390

JOURNAL OF THE SENATE

Provide additional Wrap-Around program services to reduce out of home placements and provide stabilization services following placement in a community setting.
To condense Non-Secure Commitment ($38,464,748) and NonSecure Detention ($9,088,116) into Community Non-Secure Services.
Amount appropriated in this Act

$400,000 $47,552,864 $47,057,568

$400,000 $57,555,483 $57,060,707

Community Supervision

The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens.

Total Funds

$45,584,266

Federal and Other Funds

$4,354,901

Agency Funds

$4,347,003

Other Funds

$7,898

State Funds

$41,229,365

State General Funds

$41,229,365

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$36,202,265 $40,549,268

Annualize the cost of the FY2006 salary adjustment.

$333,279

$333,279

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$357,385

$357,385

Increase funds to reflect an adjustment in the employer share of

$515,123

the State Health Benefit Plan premiums from 14.20% to 16.713%.

$523,021

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$74,828

$74,828

Transfer contract inflation adjustment and other funds from

$0

$0

Community Non-Secure Services ($468,733) and Secure

Commitment ($58,011) to Administration ($177,557) and Secure

Detention ($349,187) to reflect actual program expenditures.

(CC:YES)

Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health.

($74,514)

($74,514)

Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. (CC:YES)

$0

$0

Add 67 Juvenile Probation and Parole Specialist positions to improve community-based services and reduce caseloads.

$3,214,336 $3,214,336

THURSDAY, MARCH 30, 2006

4391

Expand the Intensive Supervision Program by providing 30 additional staff to offer increased monitoring and rehabilitative services to youth placed in community settings.

$606,663

$606,663

Amount appropriated in this Act

$41,229,365 $45,584,266

Secure Commitment (YDCs)

The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens.

Total Funds

$89,502,799

Federal and Other Funds

$3,366,696

Federal Funds Not specifically Identified

$1,032,056

Agency Funds

$2,319,170

Other Funds

$15,470

State Funds

$86,136,103

State General Funds

$86,136,103

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$83,766,215 $87,117,441

Annualize the cost of the FY2006 salary adjustment.

$716,607

$716,607

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$700,062

$700,062

Increase funds to reflect an adjustment in the employer share of $1,009,049 $1,024,519 the State Health Benefit Plan premiums from 14.20% to 16.713%.

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$146,577

$146,577

Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. (CC:YES)

($58,011)

($58,011)

Reduce the costs of part-time positions, excluding mission critical ($144,396) positions in medical, education and behavioral health.

($144,396)

Convert 11 part-time dental positions to 4 fill-time dentists, 5 full-time dental assistants and 2 full-time hygienists to satisfy current need for dental services. (CC:YES)

$0

$0

Convert 16 part-time Medical Clerk positions to 16 full-time staff

$0

$0

to improve medical records maintenance. (CC:YES)

Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. (CC:YES)

$0

$0

Amount appropriated in this Act

$86,136,103 $89,502,799

4392

JOURNAL OF THE SENATE

Secure Detention (RYDCs)

The purpose is to protect the public and hold youth accountable for their actions by providing temporary, secure, safe care, and supervision of high-risk youth.

Total Funds

$95,037,139

Federal and Other Funds

$1,524,701

Agency Funds

$1,503,960

Other Funds

$20,741

State Funds

$93,512,438

State General Funds

$93,512,438

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$89,536,547 $91,040,507

Annualize the cost of the FY2006 salary adjustment.

$717,318

$717,318

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$938,570

$938,570

Increase funds to reflect an adjustment in the employer share of $1,352,826 $1,373,567 the State Health Benefit Plan premiums from 14.20% to 16.713%.

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$196,515

$196,515

Reduce the costs of part-time positions, excluding mission critical ($278,525) positions in medical, education and behavioral health.

($278,525)

Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. (CC:YES)

$349,187

$349,187

Convert 11 part-time dental positions to 4 fill-time dentists, 5 full-time dental assistants and 2 full-time hygienists to satisfy current need for dental services. (CC:YES)

$0

$0

Convert 16 part-time Medical Clerk positions to 16 full-time staff

$0

$0

to improve medical records maintenance. (CC:YES)

Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. (CC:YES)

$0

$0

Provide funding for preventative maintenance contract.

$700,000

$700,000

Amount appropriated in this Act

$93,512,438 $95,037,139

The following appropriations are for agencies attached for administrative purposes.

THURSDAY, MARCH 30, 2006

4393

Children and Youth Coordinating Council

The purpose is to assist local communities in preventing and reducing juvenile delinquency.

Total Funds

$3,261,947

Federal and Other Funds

$1,861,077

Federal Funds Not specifically Identified

$1,861,077

State Funds

$1,400,870

State General Funds

$1,400,870

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,337,914 $3,198,914

Annualize the cost of the FY 2006 salary adjustment ($3,748) and provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007 ($3,474).

$7,222

$7,299

Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.71%.

$5,007

$5,007

Increase funds to reflect an adjustment in the workers' compensation premiums.

$727

$727

Offset loss of federal funds.

$50,000

$50,000

Amount appropriated in this Act

$1,400,870 $3,261,947

Section 31: Labor, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Temporary Assistance for Needy Families Block Grant State Funds State General Funds Intra-State Government Transfers

$352,724,488 $301,066,864 $260,726,953 $30,339,911 $10,000,000 $51,657,624 $51,657,624
$0

Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official

4394

JOURNAL OF THE SENATE

Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.

Administration - Department of Labor

To work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity.

Total Funds

$13,828,687

Federal and Other Funds

$10,607,019

Federal Funds Not specifically Identified

$10,607,019

State Funds

$3,221,668

State General Funds

$3,221,668

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$3,236,310

$14,095,619

Annualize the cost of the FY2006 salary adjustment.

$10,658

$10,658

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$12,752

$12,752

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$17,915

$17,915

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$16,095

$16,095

Reduce personal services in the Labor Administration program.

($14,035)

($14,035)

Reduce operating costs in Labor Administration.

($58,027)

($310,318)

Adjust funding level.

$0

$1

Amount appropriated in this Act

$3,221,668

$13,828,687

Administration - Division of Rehabilitation

To help people with disabilities to become fully productive members of society by achieving independence and meaningful employment.

Total Funds

$3,518,770

Federal and Other Funds

$1,383,518

Federal Funds Not specifically Identified

$1,383,518

State Funds

$2,135,252

State General Funds

$2,135,252

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4395

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Reduce contracts ($13,760), Special Purpose Contracts ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division.
Reduce operating costs in administration for the Division of Rehabilitation Services.
Amount appropriated in this Act

State Funds $2,167,612
$4,905 $5,662 $7,954 $7,146
$0
($58,027) $2,135,252

Total Funds $3,649,480
$4,905 $5,662 $7,954 $7,146
$0
($156,377) $3,518,770

Business Enterprise Program

To assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$1,736,387

Federal and Other Funds

$1,316,085

Federal Funds Not specifically Identified

$1,316,085

State Funds

$420,302

State General Funds

$420,302

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$339,720 $1,655,805

Annualize the cost of the FY2006 salary adjustment.

$1,215

$1,215

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$918

$918

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$1,290

$1,290

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,159

$1,159

Provide 2 positions and funding for the Business Enterprise Program.

$76,000

$76,000

Amount appropriated in this Act

$420,302 $1,736,387

4396

JOURNAL OF THE SENATE

Commission on Women

To advance health, education, economic, social and legal status of women in Georgia.

Total Funds

$93,172

State Funds

$93,172

State General Funds

$93,172

Disability Adjudication Section

To efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support.

Total Funds

$55,598,820

Federal and Other Funds

$55,598,820

Federal Funds Not specifically Identified

$55,598,820

Georgia Industries for the Blind

To employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

Total Funds

$11,809,509

Federal and Other Funds

$11,099,375

Agency Funds

$11,099,375

State Funds

$710,134

State General Funds

$710,134

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$692,348 $11,791,723

Annualize the cost of the FY2006 salary adjustment.

$4,717

$4,717

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$3,564

$3,564

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$5,007

$5,007

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,498

$4,498

Amount appropriated in this Act

$710,134 $11,809,509

Labor Market Information

To collect, analyze and publish a wide array of information about the state's labor market.

Total Funds

$2,932,226

Federal and Other Funds

$2,249,873

THURSDAY, MARCH 30, 2006

4397

Federal Funds Not specifically Identified State Funds
State General Funds

$2,249,873 $682,353 $682,353

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$671,271 $2,921,144

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$3,022

$3,022

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$4,245

$4,245

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$3,815

$3,815

Amount appropriated in this Act

$682,353 $2,932,226

Roosevelt Warm Springs Institute

To empower individuals with disabilities to achieve personal independence.

Total Funds

$31,166,123

Federal and Other Funds

$24,667,489

Federal Funds Not specifically Identified

$6,233,169

Agency Funds

$18,434,320

State Funds

$6,498,634

State General Funds

$6,498,634

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,662,908 $31,330,398

Annualize the cost of the FY2006 salary adjustment.

$34,100

$34,100

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$23,369

$23,369

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$32,831

$32,831

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$29,495

$29,495

Reduce contracts ($13,760), Special Purpose Contracts ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division.

$0

$0

Transfer the American Association of Adapted Sports Programs contract to the Department of Human Resources.

($284,069) ($284,069)

4398

JOURNAL OF THE SENATE

Adjust funding level. Amount appropriated in this Act

$0

($1)

$6,498,634 $31,166,123

Safety Inspections

To promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety.

Total Funds

$2,870,331

Federal and Other Funds

$168,552

Federal Funds Not specifically Identified

$168,552

State Funds

$2,701,779

State General Funds

$2,701,779

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,664,002 $2,832,554

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$10,302

$10,302

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$14,473

$14,473

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$13,002

$13,002

Amount appropriated in this Act

$2,701,779 $2,870,331

Unemployment Insurance

To enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants.

Total Funds

$46,823,669

Federal and Other Funds

$36,610,816

Federal Funds Not specifically Identified

$36,610,816

State Funds

$10,212,853

State General Funds

$10,212,853

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$10,056,056 $46,666,872

Annualize the cost of the FY2006 salary adjustment.

$4,707

$4,707

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$41,475

$41,475

THURSDAY, MARCH 30, 2006

4399

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

$58,268 $52,347 $10,212,853

$58,268 $52,347 $46,823,669

Vocational Rehabilitation Program To assist people with disabilities so that they may go to work. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Temporary Assistance for Needy Families Block Grant State Funds State General Funds

$86,078,746 $68,851,140 $66,344,924
$806,216 $1,700,000 $17,227,606 $17,227,606

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$16,784,521 $86,435,661

Annualize the cost of the FY2006 salary adjustment.

$59,568

$59,568

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$32,612

$32,612

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$45,816

$45,816

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$41,161

$41,161

Reduce contracts ($13,760), Special Purpose Contracts ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division.

$0

$0

Reduce TANF funding.

$0 ($800,000)

Provide funding for Assistive Technology Centers and Reboot.

$30,000

$30,000

Provide additional funds Middle Georgia Center for Independent Living, Inc.

$20,000

$20,000

Provide funds for the Georgia Association of Training, Employment and Supports (GATES).

$100,000 $100,000

Increase funding for the Center for the Visually Impaired.

$5,000

$5,000

Increase funding for the Georgia Radio Reading Service.

$58,928

$58,928

Increase SHARE funding to operate a new program, DEAR.

$50,000

$50,000

Recognize $2,500,000 in TANF funding from DHR.

$0

$0

4400

JOURNAL OF THE SENATE

Amount appropriated in this Act

$17,227,606 $86,078,746

Workforce Development

To assist employers and job seekers with job matching services and to promote economic growth and development.

Total Funds

$96,268,048

Federal and Other Funds

$88,514,177

Federal Funds Not specifically Identified

$80,214,177

Temporary Assistance for Needy Families Block Grant

$8,300,000

State Funds

$7,753,871

State General Funds

$7,753,871

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$7,642,713 $98,258,108

Annualize the cost of the FY2006 salary adjustment.

$2,844

$2,844

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$29,537

$29,537

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$41,497

$41,497

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$37,280

$37,280

Recognize $10,401,218 in TANF funding from DHR.

$0

$0

Decrease funding for GoodWorks and job placement program.

$0 ($2,101,218)

Amount appropriated in this Act

$7,753,871 $96,268,048

Section 32: Law, Department of Total Funds Federal and Other Funds
Other Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$36,496,779 $24,817 $24,817
$14,670,539 $14,670,539 $21,801,423 $21,801,423

Law
To serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers and employees of state government.

THURSDAY, MARCH 30, 2006

4401

Total Funds Federal and Other Funds
Other Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$36,496,779 $24,817 $24,817
$14,670,539 $14,670,539 $21,801,423 $21,801,423

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$13,659,592 $35,461,015

Annualize the cost of the FY2006 salary adjustment.

$127,303

$127,303

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$395,883

$395,883

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$168,756

$168,756

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$285,674

$316,326

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$8,848

$8,848

Increase real estate rentals to meet contractual commitments.

$24,483

$24,483

Reduce other funds in equipment.

$0

($5,835)

Add funds to properly reflect operating budget represented in HB1026.

$0

$0

Amount appropriated in this Act

$14,670,539 $36,496,779

Section 33: State Merit System of Personnel Administration Total Funds Federal and Other Funds
Other Funds State Funds Intra-State Government Transfers
Other Intra-State Government Payments

$14,520,114 $909,945 $909,945 $0
$13,610,169 $13,610,169

The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

4402

JOURNAL OF THE SENATE

Administration The purpose is to provide administrative and technical support to the agency. Total Funds Federal and Other Funds
Other Funds Intra-State Government Transfers
Other Intra-State Government Payments

$5,063,325 $846,068 $846,068
$4,217,257 $4,217,257

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $4,217,257

Annualize the cost of the FY2006 salary adjustment.

$0

$25,867

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$39,858

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$74,311

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$0

$3,728

Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures.

$0

$607,355

Reduce regular operating expenses.

$0

($52,911)

Increase payments to State Treasury.

$0

$750,000

Properly align fund sources.

$0

($602,140)

Amount appropriated in this Act

$0 $5,063,325

Recruitment and Staffing Services The purpose is to provide a central point of contact for the general public. Total Funds Intra-State Government Transfers
Other Intra-State Government Payments

$1,321,434 $1,321,434 $1,321,434

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $1,321,434

THURSDAY, MARCH 30, 2006

4403

Annualize the cost of the FY2006 salary adjustment.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures.
Reduce regular operating expenses.
Properly align fund sources.
Amount appropriated in this Act

$0

$10,640

$0

$15,401

$0

$28,712

$0

$1,440

$0

($207,078)

$0

($5,500)

$0

$156,385

$0 $1,321,434

Total Compensation and Rewards

The purpose is to ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$4,566,259

Intra-State Government Transfers

$4,566,259

Other Intra-State Government Payments

$4,566,259

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $4,566,259

Annualize the cost of the FY2006 salary adjustment.

$0

$30,384

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$25,974

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$48,425

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$0

$2,429

Reduce regular operating expenses.

$0

($4,000)

Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures.

$0

($464,686)

4404

JOURNAL OF THE SENATE

Reduce personal services by eliminating 2 positions from Total Compensation and Rewards. Properly align fund sources. Amount appropriated in this Act

$0

($84,281)

$0

$445,755

$0 $4,566,259

Workforce Development and Alignment

The purpose is to provide continuous opportunities for state employees to grow and develop professionally, resulting in increased productivity for state agencies and entities.

Total Funds

$3,569,096

Federal and Other Funds

$63,877

Other Funds

$63,877

Intra-State Government Transfers

$3,505,219

Other Intra-State Government Payments

$3,505,219

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $3,505,219

Annualize the cost of the FY2006 salary adjustment.

$0

$25,517

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$13,329

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$24,851

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$0

$1,247

Reduce contracts to eliminate funding for state orientation video.

$0

($15,000)

Reduce per diem and fees.

$0

($37,976)

Reduce regular operating expenses.

$0

($12,500)

Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures.

$0

$64,409

Amount appropriated in this Act

$0 $3,569,096

Section 34: Natural Resources, Department of Total Funds Federal and Other Funds

$204,616,429 $94,995,280

THURSDAY, MARCH 30, 2006

4405

Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$69,004,269 $22,833,982 $3,157,029 $109,547,299 $109,547,299
$73,850 $73,850

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
The above appropriations reflect receipts from Lake Lanier Island Development Authority in an amount of $665,966 for year 17 of 20 years; last payment being made June 15th, 2010, Jekyll Island State Park Authority - $260,844 for year 18 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $679,346 for year 13 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 13 of 20 years; last payment being made June 15th, 2014.

Administration

The purpose of the program is to provide administrative support for all programs of the department.

Total Funds

$10,112,871

Federal and Other Funds

$53,814

Federal Funds Not specifically Identified

$53,814

State Funds

$10,059,057

State General Funds

$10,059,057

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

State Funds $9,368,088
$63,575 $115,903

Total Funds $9,421,902
$63,575 $115,903

$22,803

$22,803

4406

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). (CC:YES)
Add 1 position and operating funds for opening a new interpretive center and museum at Sweetwater Creek State Park.
Amount appropriated in this Act

$169,643 $56,553 $26,382
$232,360
$3,750 $10,059,057

$169,643 $56,553 $26,382
$232,360
$3,750 $10,112,871

Coastal Resources

The purpose is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental, historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations.

Total Funds

$2,891,480

Federal and Other Funds

$170,862

Federal Funds Not specifically Identified

$170,862

State Funds

$2,720,618

State General Funds

$2,720,618

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,323,120 $2,493,982

Annualize the cost of the FY2006 salary adjustment.

$17,938

$17,938

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$29,883

$29,883

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$43,739

$43,739

Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums.

$15,211

$15,211

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$6,802

$6,802

Enhance water quality sampling efforts by increasing contract funds and adding 1 position in Coastal Resources in order to meet stricter water quality standards on Georgia's coast.

$53,925

$53,925

Provide funds for Tybee Island beach restoration project. (CC:Bonds.)

$0

$0

THURSDAY, MARCH 30, 2006

4407

Provide funding for the cooperative service agreement with the University of Georgia Fanning Institute of Leadership to develop standards for permitting of marinas and community docks.
Provide funds for sunken boats to correct HB1026 increase in the Solid Waste Trust Fund.
Amount appropriated in this Act

$50,000

$50,000

$180,000 $180,000 $2,720,618 $2,891,480

Environmental Protection

The purpose is to help provide Georgia's citizens with clean air, clean water, healthy lives and productive land by assuring compliance with environmental laws and by assisting others to do their part for a better environment.

Total Funds

$87,641,820

Federal and Other Funds

$60,109,698

Federal Funds Not specifically Identified

$53,312,141

Agency Funds

$309,758

Other Funds

$6,487,799

State Funds

$27,532,122

State General Funds

$27,532,122

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$26,207,788 $86,317,486

Annualize the cost of the FY2006 salary adjustment.

$286,302 $286,302

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$360,290 $360,290

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$204,196 $204,196

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$527,348

$527,348

Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums.

$243,190 $243,190

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$82,008

$82,008

Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514).

$0

$0

Reduce contract funds with the Soil and Water Conservation Commission to reflect the cyclical needs of the Erosion and Sedimentation Certification program.

($300,000) ($300,000)

Enhance water modeling and monitoring in the Environmental Protection program.

$400,000 $400,000

4408

JOURNAL OF THE SENATE

Increase funding for the Solid Waste Trust Fund from $1.5 million to $6.5 million.
Add 8 positions for erosion and sedimentation control in Environmental Protection to increase the number of inspections in high growth areas.
Eliminate contract funds in Environmental Protection for a coastal groundwater study that will be completed in FY 2006.
Reduce contract with the Department of Agriculture to provide gasoline samples and analysis for the Gasoline Marketing Rule. (CC:Gasoline samples only.)
Amount appropriated in this Act

$0 $0
($390,000) ($89,000)
$27,532,122

$0 $0
($390,000) ($89,000)
$87,641,820

Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds

$7,673,850 $73,850 $73,850
$7,600,000 $7,600,000

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$7,600,000 $7,673,850

Amount appropriated in this Act

$7,600,000 $7,673,850

Historic Preservation

The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds

$2,546,111

Federal and Other Funds

$544,351

Federal Funds Not specifically Identified

$544,351

State Funds

$2,001,760

State General Funds

$2,001,760

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,904,709 $2,449,060

Annualize the cost of the FY2006 salary adjustment.

$13,500

$13,500

THURSDAY, MARCH 30, 2006

4409

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Reduce the number of contracted historic planners from 14 to 12 based on state service delivery regions.
Remove University of Georgia contract to computerize new site files and ongoing maintenance and database management of the statewide computerized archaeological site file.
Amount appropriated in this Act

$25,044 $18,641 $36,656 $12,510 $5,700
$0 ($15,000)

$25,044 $18,641 $36,656 $12,510 $5,700
$0 ($15,000)

$2,001,760 $2,546,111

Land Conservation

The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space.

Total Funds

$466,380

State Funds

$466,380

State General Funds

$466,380

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$415,605 $415,605

Annualize the cost of the FY2006 salary adjustment.

$1,902

$1,902

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$5,686

$5,686

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$3,998

$3,998

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$8,323

$8,323

Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums.

$2,572

$2,572

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,294

$1,294

Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land

$27,000

$27,000

4410

JOURNAL OF THE SENATE

Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). (CC:YES)
Amount appropriated in this Act

$466,380

$466,380

Parks, Recreation and Historic Sites

The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia.

Total Funds

$39,982,012

Federal and Other Funds

$20,840,974

Federal Funds Not specifically Identified

$2,861,092

Agency Funds

$18,635,848

Other Funds

($655,966)

State Funds

$19,141,038

State General Funds

$19,141,038

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$17,234,816 $38,741,756

Annualize the cost of the FY2006 salary adjustment.

$138,246 $138,246

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$226,966 $226,966

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$9,659

$9,659

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$332,205

$332,205

Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums.

$187,068 $187,068

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$51,661

$51,661

Replace payments from the Lake Lanier Islands Development

$665,966

$0

Authority with state general funds.

Add 1 position and operating funds for opening a new interpretive center and museum at Sweetwater Creek State Park.

$180,250

$180,250

Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). (CC:YES)

($2,284)

($2,284)

Provide 3% enhancement for Conservation Rangers and Conservation Rangers First Class.

$66,485

$66,485

Provide funding for Historic Markers.

$50,000

$50,000

THURSDAY, MARCH 30, 2006

4411

Provide funds for the schematic design of the Georgia Trail exhibit

$0

$0

and the new animal hospital at Zoo Atlanta.

Amount appropriated in this Act

$19,141,038 $39,982,012

Pollution Prevention Assistance The purpose is to reduce pollution by providing non-regulatory assistance. Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$693,838 $603,913 $603,913
$16,075 $16,075 $73,850 $73,850

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $677,763

Annualize the cost of the FY2006 salary adjustment.

$10,501

$10,501

Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums.

$5,574

$5,574

Amount appropriated in this Act

$16,075 $693,838

Solid Waste Trust Fund

Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs.

Total Funds

$6,000,000

State Funds

$6,000,000

State General Funds

$6,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,500,000 $1,500,000

Increase funding for the Solid Waste Trust program from $1.5 million to $6.5 million.

$4,500,000 $4,500,000

Amount appropriated in this Act

$6,000,000 $6,000,000

4412

JOURNAL OF THE SENATE

Wildlife Resources

The purpose is to regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-game and endangered wildlife, and maintain public education and law enforcement programs.

Total Funds

$43,139,896

Federal and Other Funds

$12,265,605

Federal Funds Not specifically Identified

$11,988,159

Agency Funds

$2,952,250

Other Funds

($2,674,804)

State Funds

$30,874,291

State General Funds

$30,874,291

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$28,915,612 $41,181,217

Annualize the cost of the FY2006 salary adjustment.

$230,922 $230,922

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$446,068 $446,068

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$7,405

$7,405

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$652,899

$652,899

Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums.

$221,281 $221,281

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$101,532 $101,532

Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). (CC:YES)

($257,076) ($257,076)

Eliminate 1 position and operating expenses for aquatic plant control of public and private waters.

($48,577) ($48,577)

Fund operating costs for opening the Flat Creek public fishing area including 2 fishery technician positions and 2 motor vehicles.

$218,225

$218,225

Provide operating funds and add 6 positions for staffing the new conference facility and dining hall at the Charlie Elliott Wildlife Center.

$200,000 $200,000

Add 3 positions and operating funds to adequately address the management of flathead catfish in the Satilla River.

$200,000 $200,000

THURSDAY, MARCH 30, 2006

4413

Remove contract with the University of Georgia Research Foundation to provide diagnostic services and wildlife disease advice and training to DNR wildlife personnel.
Amount appropriated in this Act

($14,000) ($14,000) $30,874,291 $43,139,896

The following appropriations are for agencies attached for administrative purposes.

Civil War Commission

The purpose is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War.

Total Funds

$100,000

State Funds

$100,000

State General Funds

$100,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$50,000

$50,000

Annualize the cost of the FY2006 salary adjustment.

$0

$0

Provide funds to preserve and protect Civil War Battlefields and cemeteries and other related historic sites across the state. (CC:One-time funding.)

$50,000

$50,000

Amount appropriated in this Act

$100,000 $100,000

Payments to Georgia Agricultural Exposition Authority

The purpose is to showcase the state's agriculture and agribusiness, promote the agricultural achievement of Georgia's young people, provide a center for diverse activities, and stage and promote a statewide fair.

Total Funds

$1,641,634

State Funds

$1,641,634

State General Funds

$1,641,634

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,601,868 $1,601,868

Annualize the cost of the FY2006 salary adjustment.

$8,481

$8,481

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$11,000

$11,000

4414

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

$16,164 $4,121 $1,641,634

$16,164 $4,121 $1,641,634

Payments to Georgia Agrirama Development Authority

The purpose is to collect, display, and preserve material culture of Georgia's agriculture and rural history and present to general public and school groups.

Total Funds

$872,211

State Funds

$872,211

State General Funds

$872,211

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$820,514 $820,514

Annualize the cost of the FY2006 salary adjustment.

$2,604

$2,604

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$6,000

$6,000

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$8,980

$8,980

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,293

$1,293

Increase repairs and maintenance funding for the historic village at Agrirama.

$32,820

$32,820

Amount appropriated in this Act

$872,211 $872,211

Georgia State Games Commission To improve the physical fitness of Georgians. Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds

$382,362 $332,213 $332,213
$50,149 $50,149

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$50,149 $382,362

THURSDAY, MARCH 30, 2006

4415

Eliminate state funds, 1 position and 4 motor vehicles. Amount appropriated in this Act

$0 $50,149

$0 $382,362

Payments to Lake Allatoona Preservation Authority Total Funds State Funds
State General Funds

$100,000 $100,000 $100,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$100,000 $100,000

Eliminate one-time funding for shoreline restoration, educational programs, a watershed study and other projects. (CC:YES)

$0

$0

Amount appropriated in this Act

$100,000 $100,000

Payments to Southwest Georgia Railroad Excursion Authority

The purpose is to construct, finance, operate, and develop a rail passenger excursion project utilizing any state owned railway in Crisp and Sumter counties and any nearby county which may be included within the service area.

Total Funds

$371,964

State Funds

$371,964

State General Funds

$371,964

Section 35: Pardons and Paroles, State Board of Total Funds Federal and Other Funds State Funds
State General Funds Intra-State Government Transfers

$50,112,887 $0
$50,112,887 $50,112,887
$0

Administration To provide support for the agency. Total Funds State Funds
State General Funds

$4,891,864 $4,891,864 $4,891,864

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4416

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678).
Align personal services funding to accurately align program delivery and personnel. (CC:YES)
Eliminate one-time federal funding used for Parole Risk guidelines improvement. (CC:YES)
Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Parole Officer. (CC:Move $45,000 to Clemency and $220,818 to Parole Supervision)
Amount appropriated in this Act

State Funds $4,326,255
$29,265 $25,043 $43,112 $42,563
$4,974 $20,652 $400,000
$0 $0
$4,891,864

Total Funds $4,426,255
$29,265 $25,043 $43,112 $42,563 $4,974 $20,652 $400,000 ($100,000)
$0
$4,891,864

Clemency

To investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole.

Total Funds

$10,212,410

State Funds

$10,212,410

State General Funds

$10,212,410

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,769,111 $9,769,111

Annualize the cost of the FY2006 salary adjustment.

$65,236

$65,236

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$95,064

$95,064

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$161,568

$161,568

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$10,979

$10,979

THURSDAY, MARCH 30, 2006

4417

Increase regular operating funds ($50,000) to cover costs of records retention. (CC:YES)
Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678).
Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Parole Officer. (CC:Parole Officer & Parole Investigators)
Amount appropriated in this Act

$50,000 $15,452 $45,000
$10,212,410

$50,000 $15,452 $45,000
$10,212,410

Parole Supervision

For transitioning offenders from prison back into the community as productive, law abiding citizens.

Total Funds

$34,476,952

State Funds

$34,476,952

State General Funds

$34,476,952

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$33,015,382 $33,015,382

Annualize the cost of the FY2006 salary adjustment.

$212,102 $212,102

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$284,470 $284,470

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$62,518

$62,518

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$483,478

$483,478

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$37,103

$37,103

Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678).

$311,081 $311,081

Align personal services funding to accurately align program delivery and personnel. (CC:YES)

($400,000) ($400,000)

Increase regular operating funds ($50,000) to cover costs of records retention. (CC:YES)

($50,000) ($50,000)

Provide additional funding for substance abuse assessment and treatment.

$300,000 $300,000

Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Parole Officer. (CC:Parole Officers & Parole Investigators)

$220,818

$220,818

4418

JOURNAL OF THE SENATE

Amount appropriated in this Act

$34,476,952 $34,476,952

Victims Services

To provide notification to victims of changes in offender status or placement, to conduct outreach and information gathering from victim during clemency proceedings and generally to act as a liaison to victims for the state corrections system.

Total Funds

$531,661

State Funds

$531,661

State General Funds

$531,661

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$516,467 $516,467

Annualize the cost of the FY2006 salary adjustment.

$3,270

$3,270

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$4,202

$4,202

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$7,142

$7,142

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$580

$580

Amount appropriated in this Act

$531,661 $531,661

Section 36: Properties Commission, State Total Funds Federal and Other Funds
Other Funds State Funds Intra-State Government Transfers

$5,876,661 $5,876,661 $5,876,661
$0 $0

Leasing

To help state government meet its current need for office space and plan for future needs as business goals and operations change.

Total Funds

$402,655

Federal and Other Funds

$402,655

Other Funds

$402,655

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4419

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779).
Change the name from "Space Management" to "Leasing". (CC:YES)
Amount appropriated in this Act

State Funds $0 $0 $0
$0
$0

Total Funds $0
$3,362 $4,394
$3,606
$18,390

$0

$1,412

$0

$371,491

$0

$0

$0

$402,655

State Properties Commission

To assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an equitable, legal, ethical and efficient manner.

Total Funds

$588,425

Federal and Other Funds

$588,425

Other Funds

$588,425

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$0

$6,107

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$0

$2,929

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$0

$7,634

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$12,260

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$0

$942

4420

JOURNAL OF THE SENATE

Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779).
Amount appropriated in this Act

$0

$558,553

$0

$588,425

The following appropriations are for agencies attached for administrative purposes.

Payments to Georgia Building Authority

To purchase, erect and maintain buildings and other facilities to house agents and officials of the state government.

Total Funds

$4,885,581

Federal and Other Funds

$4,885,581

Other Funds

$4,885,581

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Annualize the cost of the FY2006 salary adjustment.

$0

$127,415

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$0

$86,044

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$457,908

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$0

$35,172

Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779).

$0 $2,331,288

Eliminate one time funding for the purchase of property around Capitol Hill (Other Funds: $1,150,000).

$0 ($1,150,000)

Adjust agency rental rates to create a maintenance and repair fund in Facilities program (Other Funds: $3,000,000).

$0 $3,000,000

Adjust annualizer to reflect updated projections (Other Funds: $2,246).

$0

($2,246)

Amount appropriated in this Act

$0 $4,885,581

Section 37: Public Safety, Department of Total Funds

$121,273,100

THURSDAY, MARCH 30, 2006

4421

Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds
State Funds State General Funds
Intra-State Government Transfers Other Intra-State Government Payments

$14,559,906 $8,328,935 $1,634,073 $4,596,898
$103,561,759 $103,561,759
$3,151,435 $3,151,435

Administration

To work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

Total Funds

$9,274,504

State Funds

$9,274,504

State General Funds

$9,274,504

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,816,239 $9,816,239

Annualize the cost of the FY2006 salary adjustment.

$45,740

$45,740

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$60,976

$60,976

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$88,616

$88,616

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$16,111

$16,111

Transfer 1 position and $30,000 in personal services from the Georgia Department of Revenue.

$30,000

$30,000

Reduce personal services in the Administration program.

($373,178) ($373,178)

Realign program budgets to meet projected expenditures.

($410,000) ($410,000)

Amount appropriated in this Act

$9,274,504 $9,274,504

Aviation

To provide air support to the Georgia State Patrol and other state, federal and local agencies improving public safety for the citizens of Georgia.

Total Funds

$2,365,895

State Funds

$2,365,895

State General Funds

$2,365,895

4422

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,307,130 $2,307,130

Annualize the cost of the FY2006 salary adjustment.

$11,804

$11,804

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$17,282

$17,282

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$25,113

$25,113

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,566

$4,566

Amount appropriated in this Act

$2,365,895 $2,365,895

Capitol Police Services

To protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol.

Total Funds

$3,151,435

Intra-State Government Transfers

$3,151,435

Other Intra-State Government Payments

$3,151,435

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $3,151,435

Amount appropriated in this Act

$0 $3,151,435

Executive Security Services

To provide facility security for the Governor's Mansion and personal security for the residents and to provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

Total Funds

$1,392,354

State Funds

$1,392,354

State General Funds

$1,392,354

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,050,978 $1,050,978

Annualize the cost of the FY2006 salary adjustment.

$10,328

$10,328

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$11,425

$11,425

THURSDAY, MARCH 30, 2006

4423

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Realign program budgets to meet projected expenditures.
Amount appropriated in this Act

$16,604
$3,019
$300,000 $1,392,354

$16,604
$3,019
$300,000 $1,392,354

Field Offices and Services

To reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies.

Total Funds

$64,394,317

State Funds

$64,394,317

State General Funds

$64,394,317

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$60,086,195 $60,086,195

Annualize the cost of the FY2006 salary adjustment.

$548,385

$548,385

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$673,309

$673,309

Increase funds to reflect an adjustment in the employer share of

$978,504

the State Health Benefit Plan premiums from 14.20% to 16.713%.

$978,504

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$177,901

$177,901

Provide funds to implement a 10 Trooper Motorcycle unit located in the Metro Atlanta area. (CC:YES)

$277,500

$277,500

Annualize the cost of two Trooper Schools.

$703,060

$703,060

Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement positions: Trooper First Class, Lieutenant, Corporal, Sergeant, MCCD Corporal, and MCCD Sergeant. (CC:All positions identified by the House.)

$597,473

$597,473

Fund 16 vacant DPS Post Secretary positions. (CC:10 Post Secretaries)

$351,990

$351,990

Provide funds for two trooper schools, each with 50 initial candidates. (CC:Fund one school with 60 candidates.)

$0

$0

Provide a 10% hazard pay supplement to SWAT team members.

$0

$0

Amount appropriated in this Act

$64,394,317 $64,394,317

4424

JOURNAL OF THE SENATE

Motor Carrier Compliance

To enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers.

Total Funds

$16,371,832

Federal and Other Funds

$9,758,896

Federal Funds Not specifically Identified

$5,161,998

Other Funds

$4,596,898

State Funds

$6,612,936

State General Funds

$6,612,936

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,329,515 $16,088,411

Annualize the cost of the FY2006 salary adjustment.

$103,536

$103,536

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$66,195

$66,195

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$96,200

$96,200

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$17,490

$17,490

Align fund sources to correctly reflect expenditures.

$0

$0

Reflect a reduction of the DOT Permit Funds and an increase in

$0

$0

the Motor Carrier Safety Assistance Program funds. The

redistribution allows the reduction of DOT Permit Funds and an

increase in MCSAP funds.

Amount appropriated in this Act

$6,612,936 $16,371,832

Specialized Collision Reconstruction Team (SCRT)

To provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators and properly document evidence in collisions to be used for successful court prosecution.

Total Funds

$2,350,545

State Funds

$2,350,545

State General Funds

$2,350,545

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,150,997 $2,150,997

THURSDAY, MARCH 30, 2006

4425

Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Realign program budgets to meet projected expenditures.
Amount appropriated in this Act

$17,706 $26,437
$38,420
$6,985
$110,000 $2,350,545

$17,706 $26,437
$38,420
$6,985
$110,000 $2,350,545

Troop J Specialty Units

To support the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia.

Total Funds

$2,291,755

State Funds

$2,291,755

State General Funds

$2,291,755

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,204,535 $2,204,535

Annualize the cost of the FY2006 salary adjustment.

$18,198

$18,198

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$25,399

$25,399

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$36,912

$36,912

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$6,711

$6,711

Amount appropriated in this Act

$2,291,755 $2,291,755

The following appropriations are for agencies attached for administrative purposes.

Firefighter Standards and Training Council

To provide minimum certification standards for all firefighters and public safety professionals.

Total Funds

$690,145

State Funds

$690,145

State General Funds

$690,145

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4426

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Increase per diem and fees to provide state certified firefighters to evaluate firefighters' certification tests.
Increase computer charges for hardware to implement SB 169 requiring FFSTC to certify volunteer firefighters.
Amount appropriated in this Act

State Funds $551,565 $3,879 $6,146
$8,931
$1,624
$96,000
$22,000
$690,145

Total Funds $551,565 $3,879 $6,146
$8,931
$1,624
$96,000
$22,000
$690,145

Office of Highway Safety

To educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and fatalities on Georgia roadways.

Total Funds

$3,670,822

Federal and Other Funds

$3,166,937

Federal Funds Not specifically Identified

$3,166,937

State Funds

$503,885

State General Funds

$503,885

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$485,876 $3,652,813

Annualize the cost of the FY2006 salary adjustment.

$4,528

$4,528

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$4,961

$4,961

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$7,209

$7,209

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,311

$1,311

Amount appropriated in this Act

$503,885 $3,670,822

Peace Officers Standards and Training Council (POST)
To provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals.

THURSDAY, MARCH 30, 2006

4427

Total Funds State Funds
State General Funds

$2,038,767 $2,038,767 $2,038,767

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,905,971 $1,905,971

Annualize the cost of the FY2006 salary adjustment.

$11,237

$11,237

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$17,685

$17,685

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$25,702

$25,702

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,673

$4,673

Annualize the cost of 1 investigator position transferred from the Department of Corrections to POST.

$43,499

$43,499

Provide funds to develop and implement a Peace Officer certification exit exam.

$30,000

$30,000

Amount appropriated in this Act

$2,038,767 $2,038,767

Public Safety Training Center

To develop, deliver and facilitate training that results in professional and competent public safety services for the people of Georgia.

Total Funds

$13,280,729

Federal and Other Funds

$1,634,073

Agency Funds

$1,634,073

State Funds

$11,646,656

State General Funds

$11,646,656

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$10,988,058 $12,622,131

Annualize the cost of the FY2006 salary adjustment.

$76,195

$76,195

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$100,240

$100,240

Increase funds to reflect an adjustment in the employer share of

$145,677

the State Health Benefit Plan premiums from 14.20% to 16.713%.

$145,677

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$26,486

$26,486

4428

JOURNAL OF THE SENATE

Increase regular operating expenses to provide meals and lodging for students enrolled in the Basic Communications Officer course.
Add funds to develop the Dalton Diversion Center as a Training Center.
Increase funds in the Fire Academy for regional training of volunteer firefighters.
Increase funds in the Fire Academy to provide continual training of current technical rescue teams and to train replacement personnel when existing team members are rotated off.
Increase funds in the Fire Academy to restore previous funding levels for Technical Rescue.
Amount appropriated in this Act

$35,000
$150,000 $50,000 $50,000
$25,000 $11,646,656

$35,000
$150,000 $50,000 $50,000
$25,000 $13,280,729

Section 38: Public Service Commission Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds Intra-State Government Transfers

$9,320,406 $273,311 $273,311
$9,047,095 $9,047,095
$0

Administration

To assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,187,065

State Funds

$1,187,065

State General Funds

$1,187,065

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,401,396 $1,401,396

Annualize the cost of the FY2006 salary adjustment.

$9,629

$9,629

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$10,324 $10,324

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$8,693

$8,693

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$18,571 $18,571

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,438

$1,438

THURSDAY, MARCH 30, 2006

4429

Reduce one-time funding for moving expenses in the Administration program.
Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. (CC:YES)
Amount appropriated in this Act

($175,000) ($175,000) ($87,986) ($87,986)
$1,187,065 $1,187,065

Facility Protection

To provide for the protection of the buried utility facility infrastructure within the State of Georgia.

Total Funds

$903,635

Federal and Other Funds

$273,311

Federal Funds Not specifically Identified

$273,311

State Funds

$630,324

State General Funds

$630,324

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$665,164 $938,475

Annualize the cost of the FY2006 salary adjustment.

$4,890

$4,890

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$5,833

$5,833

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$3,652

$3,652

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$10,492 $10,492

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$812

$812

Transfer a position to Facilities Protection from Utilities Regulation to accurately reflect program expenditures. (CC:YES)

$0

$0

Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. (CC:YES)

($60,519) ($60,519)

Amount appropriated in this Act

$630,324 $903,635

Utilities Regulation To regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds State Funds

$7,229,706 $7,229,706

4430

JOURNAL OF THE SENATE

State General Funds

$7,229,706

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,339,307 $6,339,307

Annualize the cost of the FY2006 salary adjustment.

$46,653 $46,653

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$49,600 $49,600

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$39,295 $39,295

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$89,223 $89,223

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$6,908

$6,908

Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. (CC:YES)

$148,505 $148,505

Transfer a position to Facilities Protection from Utilities Regulation to accurately reflect program expenditures. (CC:YES)

$0

$0

Provide funding for per diem and fees in the Utilities Regulation program to hire outside consultants and expert witnesses for upcoming rate proceedings.

$400,000 $400,000

Add 2 positions to the Transportation unit of the Utilities Regulation program to perform audits and training and to update maximum rate tariffs.

$110,215 $110,215

Amount appropriated in this Act

$7,229,706 $7,229,706

Section 39: Regents, University System of Georgia

Total Funds

$4,682,958,464

Federal and Other Funds

$2,749,984,962

Agency Funds

$1,165,428,894

Other Funds

$6,665,310

Research Funds

$1,577,890,758

State Funds

$1,932,973,502

Tobacco Funds

$15,732,554

State General Funds

$1,917,240,948

Intra-State Government Transfers

$0

Agricultural Experiment Station

The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness.

THURSDAY, MARCH 30, 2006

4431

Total Funds Federal and Other Funds
Agency Funds Research Funds State Funds State General Funds

$72,948,126 $32,441,262 $10,441,262 $22,000,000 $40,506,864 $40,506,864

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$38,481,866

$70,923,128

Annualize the cost of the FY2006 salary adjustment.

$88,683

$88,683

Annualize the cost of the FY2006 salary adjustment.

$38,007

$38,007

Annualize the cost of the FY2006 salary adjustment.

$190,036

$190,036

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$601,972

$601,972

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$126,208

$126,208

Align program budgets and object classes to reflect actual expenditures.

($19,908)

($19,908)

Add funds for maintenance and operations for the Agricultural Experiment Station ($700,000).

$700,000

$700,000

Provide funds to study disease-causing pathogens in vegetable production. (CC:YES)

$150,000

$150,000

Provide funds for poultry disease management.

$150,000

$150,000

(CC:YES;Provide funds for research on poultry disease prevention and management.)

Amount appropriated in this Act

$40,506,864

$72,948,126

Advanced Technology Development Center/Economic Development Institute

The purpose is to provide strategic business advice and connect its member companies to the people and resources they need to succeed.

Total Funds

$27,447,215

Federal and Other Funds

$12,875,000

Agency Funds

$12,875,000

State Funds

$14,572,215

State General Funds

$14,572,215

4432

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$8,852,624

$21,727,624

Annualize the cost of the FY2006 salary adjustment.

$2,133

$2,133

Annualize the cost of the FY2006 salary adjustment.

$51,589

$51,589

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$174,432

$174,432

Reduce funding for the Business Insight Initiative in the ATDC/EDI program.

($55,031)

($55,031)

Align program budgets and object classes to reflect actual expenditures.

$200,000

$200,000

Provide funding to expand ATDC Seed Capital Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bio-science industry.

$5,000,000

$5,000,000

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$20,388

$20,388

Align program budgets and object classes to reflect actual expenditures.

($4,986,295)

($12,544,229)

Align program budgets and object classes to reflect actual expenditures.

$4,986,295

$12,544,229

Transfer funding from the Center for Assistive Technology and Environmental Access.

$326,080

$326,080

Amount appropriated in this Act

$14,572,215

$27,447,215

Athens/Tifton Veterinary Laboratories

The purpose is to ensure the safety of our food supply and the health of animals (production, equine, and companion) within the State of Georgia.

Total Funds

$4,737,054

Federal and Other Funds

$4,653,970

Research Funds

$4,653,970

State Funds

$83,084

State General Funds

$83,084

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4433

Amount from prior Appropriation Act (HB 85)
Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.
Transfer FY 2006 pay raise funds budgeted to the Athens/Tifton Veterinary Labs to the contract within the Department of Agriculture.
Amount appropriated in this Act

State Funds $41,542 $83,084

Total Funds $4,695,512
$83,084

($41,542)

($41,542)

$83,084 $4,737,054

Cooperative Extension Service

The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research-based information.

Total Funds

$56,648,411

Federal and Other Funds

$23,094,137

Agency Funds

$10,094,137

Research Funds

$13,000,000

State Funds

$33,554,274

State General Funds

$33,554,274

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$31,779,748 $54,873,885

Annualize the cost of the FY2006 salary adjustment.

$62,341

$62,341

Annualize the cost of the FY2006 salary adjustment.

$178,799

$178,799

Annualize the cost of the FY2006 salary adjustment.

$24,140

$24,140

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$586,158

$586,158

Eliminate one-time funds for the Formosan Termite Project in the Cooperative Extension Service program. (CC:Restore $20,000.)

($60,000)

($60,000)

Add funds for maintenance and operations for the Agricultural Experiment Station ($700,000) and the Cooperative Extension Service ($300,000).

$300,000

$300,000

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$128,350

$128,350

4434

JOURNAL OF THE SENATE

Align program budgets and object classes to reflect actual expenditures.
Add 3 county extension agents for animal poultry and 2 positions for 4-H agents in the Cooperative Extension program. (CC:YES;Add $100,000 to restore partial funding for the Regional Post Harvest Fruit and Vegetable Research Center (Bacon County) and designate one 4-H position for Thomas County.)
Provide funds for Vidalia onion research. (CC:YES)
Amount appropriated in this Act

($6,262) $486,000

($6,262) $486,000

$75,000

$75,000

$33,554,274 $56,648,411

Forestry Cooperative Extension

The purpose is to provide conservation and sustainable management of forests and other natural resources and to put into practice forestry and natural resources knowledge.

Total Funds

$659,442

State Funds

$659,442

State General Funds

$659,442

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$632,486

$632,486

Annualize the cost of the FY2006 salary adjustment.

$6,262

$6,262

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$12,000

$12,000

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$2,432

$2,432

Align program budgets and object classes to reflect actual expenditures.

$6,262

$6,262

Amount appropriated in this Act

$659,442

$659,442

Forestry Research

The purpose is to sustain competitiveness of Georgia's forest products industry and private land owners through research and meet environmental goals of sustainable forestry initiative.

Total Funds

$3,134,341

State Funds

$3,134,341

State General Funds

$3,134,341

THURSDAY, MARCH 30, 2006

4435

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,011,535 $3,011,535

Annualize the cost of the FY2006 salary adjustment.

$29,247

$29,247

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$57,764

$57,764

Eliminate funding for 1.5 support positions in the Forestry Research program.

$0

$0

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$15,887

$15,887

Align program budgets and object classes to reflect actual expenditures.

$19,908

$19,908

Amount appropriated in this Act

$3,134,341 $3,134,341

Georgia Radiation Therapy Center The purpose is to provide patient care and education. Total Funds Federal and Other Funds
Other Funds

$3,625,810 $3,625,810 $3,625,810

Georgia Tech Research Institute

The purpose is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science, technology, and education in Georgia.

Total Funds

$130,466,440

Federal and Other Funds

$122,917,958

Agency Funds

$53,807,216

Research Funds

$69,110,742

State Funds

$7,548,482

State General Funds

$7,548,482

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,842,095 $129,760,053

Annualize the cost of the FY2006 salary adjustment.

$12,159

$12,159

Annualize the cost of the FY2006 salary adjustment.

$50,193

$50,193

4436

JOURNAL OF THE SENATE

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.
Provide start-up funds for the worker safety technology program at the Georgia Tech Research Institute.
Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.
Align program budgets and object classes to reflect actual expenditures.
Provide funds to correct an error in personal services for the Georgia Tech Research Institute.
Amount appropriated in this Act

$134,722

$134,722

$141,014

$141,014

$15,488

$15,488

($200,000) ($200,000)

$552,811

$552,811

$7,548,482 $130,466,440

Marine Extension Services

The purpose is to transfer technology, provide training, and conduct applied research.

Total Funds

$2,713,007

Federal and Other Funds

$1,184,800

Agency Funds

$584,800

Research Funds

$600,000

State Funds

$1,528,207

State General Funds

$1,528,207

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,426,750 $2,611,550

Annualize the cost of the FY2006 salary adjustment.

$18,376

$18,376

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$22,010

$22,010

Provide funds to hire 1 position to aid the fishing and shrimping industries in the Marine Extension Service program.

$57,070

$57,070

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$4,001

$4,001

Amount appropriated in this Act

$1,528,207 $2,713,007

THURSDAY, MARCH 30, 2006

4437

Marine Institute

The purpose is to understand the processes that affect the condition of the salt marsh and coastline.

Total Funds

$1,711,549

Federal and Other Funds

$767,633

Agency Funds

$67,633

Research Funds

$700,000

State Funds

$943,916

State General Funds

$943,916

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$923,165 $1,690,798

Annualize the cost of the FY2006 salary adjustment.

$5,667

$5,667

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$13,148

$13,148

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$1,936

$1,936

Amount appropriated in this Act

$943,916 $1,711,549

Medical College of Georgia Hospitals and Clinics The purpose is to care, teach, and refer clients. Total Funds State Funds
State General Funds

$32,272,644 $32,272,644 $32,272,644

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$31,510,080 $31,510,080

Annualize the cost of the FY2006 salary adjustment.

$251,114

$251,114

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$511,450

$511,450

Amount appropriated in this Act

$32,272,644 $32,272,644

4438

JOURNAL OF THE SENATE

Office of Minority Business Enterprises

The purpose is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position.

Total Funds

$860,161

State Funds

$860,161

State General Funds

$860,161

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$860,499

$860,499

Annualize the cost of the FY2006 salary adjustment.

$4,106

$4,106

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$10,052

$10,052

Apply a 2% reduction to the Office of Minority Business Enterprise program.

($17,210)

($17,210)

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$2,714

$2,714

Amount appropriated in this Act

$860,161

$860,161

Public Libraries

The purpose is to provide library services for Georgians and to award grants from the Public Library Fund.

Total Funds

$40,477,906

Federal and Other Funds

$2,509,208

Agency Funds

$2,509,208

State Funds

$37,968,698

State General Funds

$37,968,698

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$35,748,543 $38,257,751

Annualize the cost of the FY2006 salary adjustment.

$8,106

$8,106

Annualize the cost of the FY2006 salary adjustment.

$210,137

$210,137

Increase personal services to provide for a salary increase of 4% for the University System of Georgia

$440,850

$440,850

THURSDAY, MARCH 30, 2006

4439

and up to 4% for the Georgia Public Telecommunications Commission.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Transfer $69,356 from Public Libraries to Regents Central Office to correct an error in the GBA rental rates (G:Yes).
Eliminate one-time funds for major repairs and renovations in the Public Libraries program.
Provide an enhancement to the New Directions funding formula for the Georgia Public Library System grants.
Add funds to pay increase in real estate rentals to enable the Georgia Public Library System to re-locate to mission-suitable appropriate facilities.
Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.
Adjust personal services to reflect an increase in the employer share of the State Health Benefit Plan to correct an error for the Public Libraries.
Provide funding to increase the library materials grant with funds to be distributed based on the New Directions funding formula. (CC:Distribute based on New Directions funding formula.) Provide funding for renovations to Mountain View Library. (CC:See Bonds.)
Amount appropriated in this Act
Public Service/Special Funding Initiatives
The purpose is to provide leadership, service, and education. Total Funds
State Funds
Tobacco Funds
State General Funds

$47,103

$47,103

$403,141

$403,141

$2,867 ($69,356)

$2,867 ($69,356)

($2,000,000) ($2,000,000)

$900,000

$900,000

$50,000

$50,000

$7,307

$7,307

$220,000

$220,000

$2,000,000 $2,000,000

$0

$0

$37,968,698 $40,477,906

$32,417,559 $32,417,559
$5,000,000 $27,417,559

4440

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$29,821,275 $29,821,275

Annualize the cost of the FY2006 salary adjustment.

$122,073

$122,073

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$287,886

$287,886

Transfer Education GO Get It in the Public Service/Special Funding Initiatives program to the Department of Education.

($977,905) ($977,905)

Eliminate funding for the Water Policy Institute in the Special Funding Initiatives program. (CC:Restore $180,000 for Georgia Southern University.)

($363,200) ($363,200)

Provide funds to ICAPP Health to collect data on the shortage of nursing educators and to determine the best strategy for producing more nursing educators.

$27,430

$27,430

Add funds for the Georgia Leadership Institute for School Improvement in the Special Funding Initiatives program to provide additional leadership development programs for principals.

$1,500,000 $1,500,000

Add funds for the UGA-Griffin campus to expand current course offerings.

$500,000

$500,000

Add start-up funds for 15 faculty members at Georgia Gwinnett College in the Special Funding Initiatives program.

$1,000,000 $1,000,000

Provide one-time funding for the bio-business incubator at the Medical College of Georgia. (CC:YES)

$500,000

$500,000

Amount appropriated in this Act

$32,417,559 $32,417,559

Regents Central Office

The purpose is to provide administrative support to all colleges and universities in the university system.

Total Funds

$7,984,377

State Funds

$7,984,377

State General Funds

$7,984,377

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4441

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.
Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Transfer $69,356 from Public Libraries to Regents Central Office to correct an error in the GBA rental rates.
Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.
Increase funding for the SREB Regional Contract program and the Minority Doctoral Scholars program to meet actual contract costs and add 4 additional students.
Amount appropriated in this Act

State Funds $7,264,505
$64,108 $110,130

Total Funds $7,264,505
$64,108 $110,130

$164,752

$164,752

$21,026 $69,356

$21,026 $69,356

$25,950

$25,950

$264,550

$264,550

$7,984,377 $7,984,377

Research Consortium The purpose is to conduct research to further industry in the State of Georgia. Total Funds State Funds
Tobacco Funds State General Funds

$26,400,251 $26,400,251
$750,000 $25,650,251

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$31,770,043

$31,770,043

Annualize the cost of the FY2006 salary adjustment.

$7,608

$7,608

Annualize the cost of the FY2006 salary adjustment.

$44,716

$44,716

Increase personal services to provide for a salary increase of 4% for the University System of

$108,692

$108,692

4442

JOURNAL OF THE SENATE

Georgia and up to 4% for the Georgia Public Telecommunications Commission.
Provide funding for Georgia Research Alliance's VentureLab and a Patent Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bioscience industry and 2 eminent scholars to implement an energy policy and research agenda in the Research Consortium program.
Reflect the completion of the Georgia Cancer Cohort Study.
Annualize the cost of the FY2006 salary adjustment.
Provide a one-time increase in the Research Consortium program for the Georgia Research Alliance Eminent Scholar Endowment to attract prominent research scientists to Georgia Research Universities.
Provide funding for Georgia Research Alliance's VentureLab and a Patent Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bioscience industry and 2 eminent scholars to implement an energy policy and research agenda in the Research Consortium program.
Transfer Georgia Cancer Coalition tobacco funds to "Payments to the Georgia Cancer Coalition" program. (CC:YES)
Amount appropriated in this Act

$2,200,000
($500,000) $1,746
$250,000 $2,500,000
($9,982,554) $26,400,251

$2,200,000
($500,000) $1,746
$250,000 $2,500,000
($9,982,554) $26,400,251

Skidaway Institute of Oceanography

The purpose is to provide a center of excellence in marine and ocean science research, which expands the body of knowledge on marine environments.

Total Funds

$7,292,073

Federal and Other Funds

$5,658,000

Agency Funds

$1,520,000

Research Funds

$4,138,000

State Funds

$1,634,073

State General Funds

$1,634,073

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4443

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.
Amount appropriated in this Act

State Funds $1,557,477
$12,924 $24,570
$4,779 $34,323
$1,634,073

Total Funds $7,215,477
$12,924 $24,570
$4,779 $34,323
$7,292,073

Student Education Enrichment Program

The purpose is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.

Total Funds

$308,315

State Funds

$308,315

State General Funds

$308,315

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$304,035

$304,035

Annualize the cost of the FY2006 salary adjustment.

$1,224

$1,224

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$3,056

$3,056

Amount appropriated in this Act

$308,315

$308,315

Teaching

The purpose is to establish all such schools of learning or art as may be useful to the state and to organize them in the way most likely to attain the ends desired.

Total Funds

$4,176,524,431

Federal and Other Funds

$2,519,332,893

Agency Funds

$1,052,605,347

Other Funds

$3,039,500

4444

JOURNAL OF THE SENATE

Research Funds State Funds
State General Funds

$1,463,688,046 $1,657,191,538 $1,657,191,538

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$1,558,562,243

$4,077,895,136

Annualize the cost of the FY2006 salary adjustment.

$14,830,052

$14,830,052

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$27,456,056

$27,456,056

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,782,468

$1,782,468

Provide funds to fully fund enrollment increases based on a 1.6% increase in semester credit hours and operating expenses related to additional square footage. (CC:YES;Reduce health insurance portion of formula funding increase by $2,309,821. )

$53,000,000

$53,000,000

Remove one-time funds to the North Georgia College and State University in the Teaching program.

($100,000)

($100,000)

Eliminate the Center for Trade and Technology Transfer in the Teaching program.

($56,765)

($56,765)

Eliminate the School of Law-Export Study (Dean Rusk Center) in the Teaching program. (CC:Restore $219,157.)

($219,158)

($219,158)

Increase funds for the Fiscal Research Center to reflect actual costs of current level of service in the Teaching program.

$38,145

$38,145

Adjust debt service payback amount for the Student Center construction project at Georgia Southern University in the Teaching program.

$677,118

$677,118

Eliminate funds for the Greenbelt Study at the Georgia Tech School of Urban Planning in the Teaching program.

($200,000)

($200,000)

Eliminate Georgia Career Information Services in the Teaching program.

($92,647)

($92,647)

Provide funding for Fort Valley State University land grant mission. (CC:YES)

$1,514,026

$1,514,026

THURSDAY, MARCH 30, 2006

4445

Transfer all remaining CATEA activities and related funding to the Teaching program.
Amount appropriated in this Act

$0 $1,657,191,538

$0 $4,176,524,431

Veterinary Medicine Experiment Station

The purpose is to coordinate and conduct research on animal disease problems of present and potential concern to Georgia's livestock and poultry industries.

Total Funds

$3,249,577

State Funds

$3,249,577

State General Funds

$3,249,577

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$3,148,784

$3,148,784

Annualize the cost of the FY2006 salary adjustment.

$5,865

$5,865

Annualize the cost of the FY2006 salary adjustment.

$20,887

$20,887

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$54,540

$54,540

Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.

$19,501

$19,501

Amount appropriated in this Act

$3,249,577

$3,249,577

Veterinary Medicine Teaching Hospital

The purpose is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography.

Total Funds

$7,189,727

Federal and Other Funds

$6,700,000

Agency Funds

$6,700,000

State Funds

$489,727

State General Funds

$489,727

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$478,173

$7,178,173

4446

JOURNAL OF THE SENATE

Annualize the cost of the FY2006 salary adjustment.
Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.
Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan.
Amount appropriated in this Act

$4,734 $5,272
$1,548 $489,727

$4,734 $5,272
$1,548 $7,189,727

Payments to the Georgia Cancer Coalition

The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

Total Funds

$9,982,554

State Funds

$9,982,554

Tobacco Funds

$9,982,554

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Reflect the transfer of tobacco funds from Research Consortium. (CC:YES)

$9,982,554

$9,982,554

Amount appropriated in this Act

$9,982,554

$9,982,554

The following appropriations are for agencies attached for administrative purposes.

Payments to Georgia Military College

The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school.

Total Funds

$2,660,060

State Funds

$2,660,060

State General Funds

$2,660,060

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$2,500,092

$2,500,092

Increase funds to reflect an adjustment in the

$61,347

$61,347

THURSDAY, MARCH 30, 2006

4447

employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Adjust personal services to reflect an increase in the employer share of the State Health Benefit Plan for non-certificated employees.
Reduce personal services for the Junior College program ($12,985) and eliminate one-time design funds for the preparatory school classroom facility ($95,000).
Amount appropriated in this Act

$19,153 $187,453 ($107,985)
$2,660,060

$19,153 $187,453 ($107,985)
$2,660,060

Public Telecommunications Commission, Georgia

The purpose is to create, produce and distribute high quality programs and services that educate, inform and entertain our audiences and enrich the quality of their lives.

Total Funds

$31,247,434

Federal and Other Funds

$14,224,291

Agency Funds

$14,224,291

State Funds

$17,023,143

State General Funds

$17,023,143

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$16,954,058

$31,178,349

Annualize the cost of the FY2006 salary adjustment.

$70,567

$70,567

Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission.

$143,916

$143,916

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$10,544

$10,544

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$143,208

$143,208

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$6,446

$6,446

Increase funds in the Educational Technology

$33,485

$33,485

4448

JOURNAL OF THE SENATE

Services program ($25,114) and the Public Broadcast Services program ($8,371) to correct a GTA rate adjustment error. Reduce operating expenses in the Education Technology Services program to reflect anticipated reduction in costs associated with contracts and publications. Amount appropriated in this Act
Section 40: Revenue, Department of Total Funds Federal and Other Funds
Agency Funds Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers

($339,081) $17,023,143

($339,081)
$31,247,434
$555,817,132 $7,005,348 $5,925,898 $1,079,450
$548,811,784 $150,000
$548,661,784 $0

Administration

To administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue.

Total Funds

$4,053,813

State Funds

$4,053,813

State General Funds

$4,053,813

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,979,012 $3,979,012

Annualize the cost of the FY2006 salary adjustment.

$21,423

$21,423

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$18,136

$18,136

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$32,640

$32,640

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,602

$2,602

Amount appropriated in this Act

$4,053,813 $4,053,813

THURSDAY, MARCH 30, 2006

4449

Customer Service

To assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance and the Taxpayer Bill of Rights.

Total Funds

$12,819,354

Federal and Other Funds

$2,110,135

Agency Funds

$2,110,135

State Funds

$10,709,219

State General Funds

$10,709,219

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,644,919 $11,755,054

Annualize the cost of the FY2006 salary adjustment.

$67,412

$67,412

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$82,895

$82,895

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$149,187

$149,187

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$11,890

$11,890

Increase funding to telecommunications to improve customer service.

$212,968

$212,968

Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079).

$539,948

$539,948

Amount appropriated in this Act

$10,709,219 $12,819,354

Grants and Distribution
The purpose is to administer, collect, and distribute all local sales taxes in Georgia and to provide state retirement benefits to local tax officials and their staffs.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$8,825,027 $8,825,027

Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079).

($8,825,027) ($8,825,027)

4450

JOURNAL OF THE SENATE

Amount appropriated in this Act

$0

$0

Homeowner Tax Relief Grants (HTRG)

To provide homeowners tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2006.

Total Funds

$432,290,501

State Funds

$432,290,501

State General Funds

$432,290,501

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$432,290,501 $432,290,501

Increase funding to $434,000,000 for Homeowners' Tax Relief Grants.

$0

$0

Amount appropriated in this Act

$432,290,501 $432,290,501

Industry Regulation

To provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products and to ensure all coin operated amusement machines are properly licensed and decaled.

Total Funds

$4,646,971

State Funds

$4,646,971

Tobacco Funds

$150,000

State General Funds

$4,496,971

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,516,392 $4,516,392

Annualize the cost of the FY2006 salary adjustment.

$23,706

$23,706

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$28,283

$28,283

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$23,632

$23,632

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$50,902

$50,902

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$4,056

$4,056

THURSDAY, MARCH 30, 2006

4451

Amount appropriated in this Act

$4,646,971 $4,646,971

Local Tax Officials Retirement and FICA Total Funds State Funds
State General Funds

$3,785,079 $3,785,079 $3,785,079

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079).

$3,785,079 $3,785,079

Amount appropriated in this Act

$3,785,079 $3,785,079

Revenue Processing

To ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

Total Funds

$41,021,830

Federal and Other Funds

$426,769

Other Funds

$426,769

State Funds

$40,595,061

State General Funds

$40,595,061

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$28,891,183 $29,317,952

Annualize the cost of the FY2006 salary adjustment.

$181,792

$181,792

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$201,825

$201,825

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$117,555

$117,555

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$363,229

$363,229

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$28,951

$28,951

4452

JOURNAL OF THE SENATE

Transfer 1 position to the Department of Public Safety.
Increase computer charges to ensure accurate and timely tax collection.
Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079).
Amount appropriated in this Act

($30,000) $6,340,526
$4,500,000

($30,000) $6,340,526
$4,500,000

$40,595,061 $41,021,830

Salvage Inspection To inspect rebuilt salvage vehicles. Total Funds State Funds
State General Funds

$1,581,159 $1,581,159 $1,581,159

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,527,364 $1,527,364

Annualize the cost of the FY2006 salary adjustment.

$9,411

$9,411

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$11,557

$11,557

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$10,369

$10,369

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$20,800

$20,800

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,658

$1,658

Amount appropriated in this Act

$1,581,159 $1,581,159

State Board of Equalization

To examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state.

Total Funds

$5,000

State Funds

$5,000

State General Funds

$5,000

THURSDAY, MARCH 30, 2006

4453

Tag and Title Registration To establish motor vehicle ownership. Total Funds Federal and Other Funds
Other Funds State Funds
State General Funds

$23,194,458 $652,681 $652,681
$22,541,777 $22,541,777

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$22,099,571 $22,752,252

Annualize the cost of the FY2006 salary adjustment.

$79,050

$79,050

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$102,364

$102,364

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$61,883

$61,883

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$184,226

$184,226

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$14,683

$14,683

Amount appropriated in this Act

$22,541,777 $23,194,458

Tax Compliance

To ensure that all taxpayers pay the correct amount of taxes owed under the law.

Total Funds

$32,418,967

Federal and Other Funds

$3,815,763

Agency Funds

$3,815,763

State Funds

$28,603,204

State General Funds

$28,603,204

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$26,724,660 $30,540,423

Annualize the cost of the FY2006 salary adjustment.

$206,283

$206,283

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$218,065

$218,065

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$2,924

$2,924

4454

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase contracts for collection of delinquent taxes. Amount appropriated in this Act
Section 41: Secretary of State Total Funds Federal and Other Funds
Agency Funds Other Funds Records Center Storage Fee State Funds State General Funds Intra-State Government Transfers

$392,455

$392,455

$31,279
$1,027,538 $28,603,204

$31,279
$1,027,538 $32,418,967

$38,762,427 $1,498,265 $1,064,350 $4,681 $429,234 $37,264,162 $37,264,162 $0

Administration

To provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$4,912,454

Federal and Other Funds

$30,000

Agency Funds

$30,000

State Funds

$4,882,454

State General Funds

$4,882,454

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,642,318 $4,672,318

Annualize the cost of the FY2006 salary adjustment.

$36,562

$36,562

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$40,929

$40,929

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$21,923

$21,923

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$59,808

$59,808

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$5,914

$5,914

Provide funding the State Boxing Commission.

$75,000

$75,000

THURSDAY, MARCH 30, 2006

4455

Amount appropriated in this Act

$4,882,454 $4,912,454

Archives

To assist state agencies in adequately documenting their activities, administering their records management programs, scheduling their records and transferring their non-current records to the State Records Center.

Total Funds

$6,481,075

Federal and Other Funds

$508,753

Agency Funds

$75,000

Other Funds

$4,519

Records Center Storage Fee

$429,234

State Funds

$5,972,322

State General Funds

$5,972,322

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,856,020 $6,360,254

Annualize the cost of the FY2006 salary adjustment.

$21,907

$23,758

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$25,793

$25,793

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$27,185

$27,185

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$37,690

$40,358

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$3,727

$3,727

Create a new fund source to properly reflect the Record Center Storage revenue.

$0

$0

Amount appropriated in this Act

$5,972,322 $6,481,075

Capitol Tours To provide guided informational tours of the State Capitol. Total Funds State Funds
State General Funds

$155,777 $155,777 $155,777

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4456

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

State Funds $151,672 $1,007 $1,189

Total Funds $151,672 $1,007 $1,189

$1,737

$1,737

$172

$172

$155,777 $155,777

Corporations

To accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities.

Total Funds

$1,937,301

Federal and Other Funds

$739,512

Agency Funds

$739,350

Other Funds

$162

State Funds

$1,197,789

State General Funds

$1,197,789

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,312,934 $2,052,284

Annualize the cost of the FY2006 salary adjustment.

$12,401

$12,401

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$13,736

$13,736

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$16,662

$16,662

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$20,071

$20,233

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,985

$1,985

Reflect reduction in the Corporations division.

($180,000) ($180,000)

Amount appropriated in this Act

$1,197,789 $1,937,301

Elections
To administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by

THURSDAY, MARCH 30, 2006

4457

law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws.

Total Funds

$5,179,663

Federal and Other Funds

$20,000

Agency Funds

$20,000

State Funds

$5,159,663

State General Funds

$5,159,663

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,545,164 $5,565,164

Annualize the cost of the FY2006 salary adjustment.

$14,603

$14,603

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$16,668

$16,668

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$8,770

$8,770

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$24,357

$24,357

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,408

$2,408

Reflect reduction in the Elections divisions.

($395,759) ($395,759)

Transfer remaining budget of the Elections Campaign and Financial Disclosure program to the State Ethics Commission. (CC:YES)

($106,548) ($106,548)

Provide funds for the implementation of SB 500, 2006 Georgia Accuracy in Elections Act; permanent paper record of votes; provide for pilot program/electronic voting.

$50,000

$50,000

Amount appropriated in this Act

$5,159,663 $5,179,663

Professional Licensing Boards

To protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$11,504,435

Federal and Other Funds

$150,000

Agency Funds

$150,000

State Funds

$11,354,435

State General Funds

$11,354,435

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4458

JOURNAL OF THE SENATE

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,318,609 $9,468,609

Annualize the cost of the FY2006 salary adjustment.

$55,661

$55,661

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$66,017

$66,017

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$96,469

$96,469

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$9,539

$9,539

Annualize funding for the Residential and General Contractors Board.

$556,622 $556,622

Enable the Professional Licensing Boards (PLB) to fill critical support and inspection/investigative vacancies in the Consumer Services, Allied Health Fields, and Health and Consumer sections as well as in the Businesses and Professions and Health Care Investigative Units ($475,562); fund 12 new support and inspection/investigative positions for the following boards: Barber, Construction, Cosmetology, Dentistry, Engineers/Land Surveyors, Funeral Services, Registered Nurses, and Used Motor Vehicles and Parts Dealers ($488,491) and related position start-up purchases and operating costs ($132,900); and fund increase in PLB board member travel expenses ($54,565).

$1,151,518

$1,151,518

Provide funding for SB 110 - Message Therapy Licensing Board.

$100,000 $100,000

Amount appropriated in this Act

$11,354,435 $11,504,435

Securities

To provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to public regarding subjects of such codes.

Total Funds

$2,090,428

Federal and Other Funds

$50,000

Agency Funds

$50,000

State Funds

$2,040,428

State General Funds

$2,040,428

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,961,222 $2,011,222

Annualize the cost of the FY2006 salary adjustment.

$16,775

$16,775

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$18,911

$18,911

THURSDAY, MARCH 30, 2006

4459

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Amount appropriated in this Act

$13,154 $27,633
$2,733 $2,040,428

$13,154 $27,633 $2,733 $2,090,428

The following appropriations are for agencies attached for administrative purposes.

Georgia Real Estate Commission

To administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

Total Funds

$3,253,396

State Funds

$3,253,396

State General Funds

$3,253,396

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,891,088 $2,891,088

Annualize the cost of the FY2006 salary adjustment.

$16,102

$16,102

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$16,992

$16,992

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$27,739

$27,739

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,743

$2,743

Fill 2 vacant positions, add 1 position and 1 vehicle to meet increasing technology demands for investigative purposes.

$298,732 $298,732

Amount appropriated in this Act

$3,253,396 $3,253,396

State Ethics Commission

To protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements.

Total Funds

$1,606,602

State Funds

$1,606,602

State General Funds

$1,606,602

4460

JOURNAL OF THE SENATE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$824,434 $824,434

Annualize the cost of the FY2006 salary adjustment.

$4,106

$4,106

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$5,281

$5,281

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$5,636

$5,636

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$9,643

$9,643

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$954

$954

Transfer remaining budget of the Elections Campaign and Financial Disclosure program to the State Ethics Commission. (CC:YES)

$106,548 $106,548

Increase funds due to additional responsibilities for HB 48 - ethics in government; amend provisions.

$650,000 $650,000

Amount appropriated in this Act

$1,606,602 $1,606,602

Georgia Commission on the Holocaust

To teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity.

Total Funds

$278,412

State Funds

$278,412

State General Funds

$278,412

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$245,915 $245,915

Annualize the cost of the FY2006 salary adjustment.

$1,991

$1,991

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$1,892

$1,892

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$3,289

$3,289

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$325

$325

Provide additional funds.

$25,000

$25,000

Amount appropriated in this Act

$278,412 $278,412

THURSDAY, MARCH 30, 2006

4461

Georgia Drugs and Narcotics Agency

To protect the health, safety and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

Total Funds

$1,362,884

State Funds

$1,362,884

State General Funds

$1,362,884

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,288,769 $1,288,769

Annualize the cost of the FY2006 salary adjustment.

$9,812

$9,812

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$10,966

$10,966

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$17,878

$17,878

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,768

$1,768

Provide additional funds to meet contractual rent obligations.

$2,151

$2,151

Increase funding to new technology initiatives.

$31,540

$31,540

Amount appropriated in this Act

$1,362,884 $1,362,884

Section 42: Soil and Water Conservation Commission

Total Funds

$11,443,220

Federal and Other Funds

$8,345,743

Federal Funds Not specifically Identified

$1,295,526

Agency Funds

$7,050,217

State Funds

$3,097,477

State General Funds

$3,097,477

Intra-State Government Transfers

$0

Administration

To protect, conserve, and improve the soil and water resources of the State of Georgia.

Total Funds

$599,541

State Funds

$599,541

State General Funds

$599,541

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4462

JOURNAL OF THE SENATE

Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Remove Other Funds added into agency budget in FY 2005. Amount appropriated in this Act

State Funds $583,098 $3,951 $5,758

Total Funds $583,273 $3,951 $5,758

$5,447

$5,447

$1,287

$1,287

$0 $599,541

($175) $599,541

Conservation of Agricultural Water Supplies

To conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds

$7,763,855

Federal and Other Funds

$7,499,922

Federal Funds Not specifically Identified

$750,000

Agency Funds

$6,749,922

State Funds

$263,933

State General Funds

$263,933

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$227,332 $7,727,254

Annualize the cost of the FY2006 salary adjustment.

$2,186

$2,186

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$2,360

$2,360

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$2,233

$2,233

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$528

$528

Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting.

$2,509

$2,509

Provide personal services funding for a resource specialist.

$8,324

$8,324

Reallocate funds from the Conservation of Soil and Water Resources program to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to better reflect staff activities.

$18,461

$18,461

Amount appropriated in this Act

$263,933 $7,763,855

THURSDAY, MARCH 30, 2006

4463

Conservation of Soil and Water Resources

To conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands.

Total Funds

$2,017,466

Federal and Other Funds

$845,821

Federal Funds Not specifically Identified

$545,526

Agency Funds

$300,295

State Funds

$1,171,645

State General Funds

$1,171,645

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,092,694 $2,636,515

Annualize the cost of the FY2006 salary adjustment.

$8,091

$8,091

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$11,495

$11,495

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$10,872

$10,872

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,569

$2,569

Reallocate funds from the Conservation of Soil and Water Resources program to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to better reflect staff activities.

($18,461) ($18,461)

Remove funds for 4 federal contracts that were completed in FY 2005. (Total Funds: $385,000)

$0 ($318,000)

Remove Other Funds for an EPD Erosion & Sedimentation Control contract completed in FY 2005. (CC:Remove Agency Funds for an EPD Erosion & Sedimentation Control contract completed in FY 2006.)

$0 ($380,000)

Provide personal services funding for a resource specialist.

$12,484

$12,484

Provide personal services funding for a rural program manager.

$25,049

$25,049

Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting.

$26,852

$26,852

Amount appropriated in this Act

$1,171,645 $2,017,466

USDA Flood Control Watershed Structures

To provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

Total Funds

$105,054

4464

JOURNAL OF THE SENATE

State Funds State General Funds

$105,054 $105,054

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$19,655

$19,655

Annualize the cost of the FY2006 salary adjustment.

$177

$177

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$247

$247

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$233

$233

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$55

$55

Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting.

$155

$155

Provide personal services funding for a rural program manager.

$6,679

$6,679

Redirect state funds from the Water Resources and Land Use Planning program to the USDA Flood Control Watershed Structures program to complete maintenance on 5 Category 1 Dams.

$77,853

$77,853

Amount appropriated in this Act

$105,054 $105,054

Water Resources and Land Use Planning

To improve the understanding of water use and to develop plans that improve water management and efficiency.

Total Funds

$957,304

State Funds

$957,304

State General Funds

$957,304

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,783,417 $1,850,417

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$24

$24

Increase funds to reflect an adjustment in the employer share of the

$23

$23

State Health Benefit Plan premiums from 14.20% to 16.713%.

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$5

$5

Remove funds for 4 federal contracts that were completed in FY 2005. (Total Funds: $385,000)

$0 ($67,000)

THURSDAY, MARCH 30, 2006

4465

Provide personal services funding for a rural program manager. Redirect state funds from the Water Resources and Land Use Planning program to the USDA Flood Control Watershed Structures program to complete maintenance on 5 Category 1 Dams. Eliminate one-time funding for regional reservoir planning. Annualize the cost of the FY2006 salary adjustment. Amount appropriated in this Act

$1,670 ($77,853)
($750,000) $18
$957,304

$1,670 ($77,853)
($750,000) $18
$957,304

Section 43: Student Finance Commission and Authority, Georgia Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Other Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers

$583,561,537 $7,294,253 $520,653 $6,773,600
$576,267,284 $539,601,059
$36,666,225 $0

Accel

To allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving dual high school and college credit for courses successfully completed.

Total Funds

$6,000,000

State Funds

$6,000,000

Lottery Funds

$6,000,000

Engineer Scholarship

To provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and retain those students as engineers in the State.

Total Funds

$760,000

State Funds

$760,000

Lottery Funds

$760,000

Georgia Military College Scholarship

To provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership.

Total Funds

$770,477

State Funds

$770,477

Lottery Funds

$770,477

4466

JOURNAL OF THE SENATE

Governor's Scholarship Program

To recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class by providing a scholarship to attend an eligible post-secondary institution in Georgia.

Total Funds

$2,329,200

State Funds

$2,329,200

State General Funds

$2,329,200

Guaranteed Educational Loans

To provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy.

Total Funds

$4,079,883

Federal and Other Funds

$280,000

Other Funds

$280,000

State Funds

$3,799,883

State General Funds

$3,799,883

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$3,799,883 $3,799,883

Increase funding for service cancelable loans to fund 100 additional nursing slots (Other Funds: $280,000). (CC:YES)

$0

$280,000

Redirect funds to provide for a service cancelable loan program

$0

$0

for nursing educators at a maximum of $2,000 per loan for up

to 100 students at a total cost of $200,000. (CC:YES)

Amount appropriated in this Act

$3,799,883 $4,079,883

HERO Scholarship

To provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the children of such members.

Total Funds

$200,000

State Funds

$200,000

State General Funds

$200,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0

$0

Provide funds for the HERO Scholarship of $2,000 per award.

$200,000

$200,000

Amount appropriated in this Act

$200,000

$200,000

THURSDAY, MARCH 30, 2006

4467

HOPE Administration

To provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges.

Total Funds

$5,228,320

State Funds

$5,228,320

Lottery Funds

$5,228,320

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,111,697 $5,111,697

Annualize the cost of the FY2006 salary adjustment.

$20,940

$20,940

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$87,275

$87,275

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$8,408

$8,408

Increase funds in HOPE Administration to provide 2 positions to implement the mandated grade point transcript exchange initiative. (CC:YES)

$0

$0

Amount appropriated in this Act

$5,228,320 $5,228,320

HOPE GED

To award a $500 voucher once to each student receiving a general educational development diploma awarded by the Georgia Department of Technical and Adult Education.

Total Funds

$2,461,614

State Funds

$2,461,614

Lottery Funds

$2,461,614

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$2,840,694 $2,840,694

Reduce HOPE GED ($379,080) and HOPE ScholarshipPrivate Schools ($100,118) to reflect true need and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. (CC:YES)

($379,080) ($379,080)

Amount appropriated in this Act

$2,461,614 $2,461,614

HOPE Grant
To provide grants to students seeking a diploma or certificate at a public post-secondary institution.

4468

JOURNAL OF THE SENATE

Total Funds State Funds
Lottery Funds

$122,784,173 $122,784,173 $122,784,173

HOPE Scholarships - Private Schools

To provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution.

Total Funds

$45,651,732

State Funds

$45,651,732

Lottery Funds

$45,651,732

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$45,751,850 $45,751,850

Reduce HOPE GED ($379,080) and HOPE ScholarshipPrivate Schools ($100,118) to reflect true need and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. (CC:YES)

($100,118) ($100,118)

Amount appropriated in this Act

$45,651,732 $45,651,732

HOPE Scholarships - Public Schools

To provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution.

Total Funds

$344,500,917

State Funds

$344,500,917

Lottery Funds

$344,500,917

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$326,011,143 $326,011,143

Reduce HOPE GED ($379,080) and HOPE ScholarshipPrivate Schools ($100,118) to reflect true need and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. (CC:YES)

$479,198

$479,198

Eliminate remaining funds in Promise II ($74,590) as part of planned phase out and transfer funds to HOPE ScholarshipPublic Schools to provide for projected growth. (CC:YES)

$74,590

$74,590

Increase funds for HOPE Scholarship-Public Schools to reflect $17,935,986 $17,935,986 projected growth.

THURSDAY, MARCH 30, 2006

4469

Amount appropriated in this Act

$344,500,917 $344,500,917

Law Enforcement Dependents Grant

To provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public postsecondary institution in Georgia.

Total Funds

$50,911

State Funds

$50,911

State General Funds

$50,911

Leveraging Educational Assistance Partnership Program (LEAP)

To provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia.

Total Funds

$1,487,410

Federal and Other Funds

$520,653

Federal Funds Not specifically Identified

$520,653

State Funds

$966,757

State General Funds

$966,757

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$966,757 $1,487,410

Amount appropriated in this Act

$966,757 $1,487,410

North Ga. Military Scholarship Grants

To provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership.

Total Funds

$1,694,353

Federal and Other Funds

$1,010,402

Other Funds

$1,010,402

State Funds

$683,951

State General Funds

$683,951

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$683,951

$683,951

Increase North Georgia College and State University Service

$0 $1,010,402

4470

JOURNAL OF THE SENATE

Cancelable Loan by $1,010,402 to fund 118 additional students returning from military deployment (Other Funds: $1,010,402). (CC:YES)
Amount appropriated in this Act

$683,951 $1,694,353

North Georgia ROTC Grants

To provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program.

Total Funds

$432,479

State Funds

$432,479

State General Funds

$432,479

Promise Scholarship

To provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia public schools.

Total Funds

$5,855,278

State Funds

$5,855,278

Lottery Funds

$5,855,278

Promise II Scholarship
To assist paraprofessionals and instructional aids who worked in Georgia public schools throughout the 1999-2000 school year, by providing funds to assist with their educational expenses in the form of a service-obligation scholarship.

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$74,590

$74,590

Eliminate remaining funds in Promise II ($74,590) as part of planned phase out and transfer funds to HOPE ScholarshipPublic Schools to provide for projected growth. (CC:YES)

($74,590)

($74,590)

Amount appropriated in this Act

$0

$0

Public Memorial Safety Grant

To provide educational grant assistance to the children of Georgia law enforcement officers, fire fighter, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of Georgia.

Total Funds

$255,850

State Funds

$255,850

Lottery Funds

$255,850

THURSDAY, MARCH 30, 2006

4471

Teacher Scholarship

To provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study.

Total Funds

$5,332,698

State Funds

$5,332,698

Lottery Funds

$5,332,698

Tuition Equalization Grants

To promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions.

Total Funds

$33,015,000

Federal and Other Funds

$5,483,198

Other Funds

$5,483,198

State Funds

$27,531,802

State General Funds

$27,531,802

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$29,031,802 $29,031,802

Increase Tuition Equalization Grants from $900 to $1,000 per award (Other funds: $5,483,198). (CC:YES)

$0 $5,483,198

Reflect a reduction in demand for Tuition Equalization Grants. ($1,500,000) ($1,500,000)

Amount appropriated in this Act

$27,531,802 $33,015,000

The following appropriations are for agencies attached for administrative purposes.

Nonpublic Postsecondary Education Commission

To authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints.

Total Funds

$671,242

State Funds

$671,242

State General Funds

$671,242

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$645,204

$645,204

Annualize the cost of the FY2006 salary adjustment.

$5,375

$5,375

4472

JOURNAL OF THE SENATE

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act
Section 44: Teachers' Retirement System Total Funds Federal and Other Funds
Other Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$10,164 $10,184

$10,164 $10,184

$315 $671,242

$315 $671,242

$25,942,331 ($723,320) ($723,320) $3,903,200 $3,903,200
$22,762,451 $22,762,451

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% for S.F.Y. 2007.

Local/Floor COLA

To provide retirees from local retirement systems a minimum allowance upon retirement and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

Total Funds

$3,903,200

State Funds

$3,903,200

State General Funds

$3,903,200

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,980,000 $1,980,000

Reduce Local/Floor Cost of Living Adjustment (COLA) to reflect anticipated reduction in the number of eligible retirees.

($220,000) ($220,000)

Provide for a COLA for teacher retirees per HB 400 passed in the 2005 session.

$2,143,200 $2,143,200

Amount appropriated in this Act

$3,903,200 $3,903,200

System Administration
To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

THURSDAY, MARCH 30, 2006

4473

Total Funds Federal and Other Funds
Other Funds Intra-State Government Transfers
Retirement Payments

$22,039,131 ($723,320) ($723,320)
$22,762,451 $22,762,451

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$0 $22,762,451

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$0

$288,229

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$0

$8,451

Reduce other funds ($1,020,000) in computer charges to reflect anticipated costs.

$0 ($1,020,000)

Amount appropriated in this Act

$0 $22,039,131

Section 45: Technical and Adult Education, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$412,535,181 $75,747,117 $19,814,459 $55,932,658 $336,788,064 $336,788,064
$0

Administration

To contribute to the economic, educational, and community development of Georgia by providing quality technical education, adult literacy education, continuing education, and customized business and industry workforce training to the citizens of Georgia.

Total Funds

$11,243,807

Federal and Other Funds

$2,059,788

Federal Funds Not specifically Identified

$2,059,788

State Funds

$9,184,019

State General Funds

$9,184,019

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

4474

JOURNAL OF THE SENATE

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,728,848 $4,728,848

Annualize the cost of the FY2006 salary adjustment.

$43,573

$43,573

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$150,698

$150,698

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$168,052

$168,052

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$9,618

$9,618

Reduce funding in the Administration program by 2%.

($171,380) ($171,380)

Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188).

$414,434

$414,434

Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). (CC:YES)

$649,197 $1,001,004

Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). (CC:YES)

$3,190,979

$4,898,960

Reflect $800,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human Resources.

$0

$0

Amount appropriated in this Act

$9,184,019 $11,243,807

Adult Literacy

To enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing, computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship.

Total Funds

$20,243,096

Federal and Other Funds

$7,791,412

Federal Funds Not specifically Identified

$6,669,526

Agency Funds

$1,121,886

State Funds

$12,451,684

State General Funds

$12,451,684

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4475

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188).
Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). (CC:YES)
Provide funding for Shirley Smith Learning Center.
Reflect $3,000,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human Resources.
Amount appropriated in this Act

State Funds $11,853,450
$103,344 $229,332 $255,741
$159,014
($649,197)
$500,000 $0
$12,451,684

Total Funds $19,996,669
$103,344 $229,332 $255,741
$159,014
($1,001,004)
$500,000 $0
$20,243,096

Economic Development (Quick Start)

To provide a number of programs and services designed to assist businesses and industries with their training needs.

Total Funds

$12,613,900

State Funds

$12,613,900

State General Funds

$12,613,900

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$11,889,779 $11,889,779

Annualize the cost of the FY2006 salary adjustment.

$63,676

$63,676

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$136,238

$136,238

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$151,927

$151,927

Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188).

$372,280

$372,280

Amount appropriated in this Act

$12,613,900 $12,613,900

4476

JOURNAL OF THE SENATE

Technical Education

To provide quality technical education and special workforce services. The primary role is to ensure that all programs and services excel in meeting the individual's need for career success and the community's need for continued economic growth and development.

Total Funds

$368,434,378

Federal and Other Funds

$65,895,917

Federal Funds Not specifically Identified

$11,085,145

Agency Funds

$54,810,772

State Funds

$302,538,461

State General Funds

$302,538,461

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$292,105,724 $359,709,622

Annualize the cost of the FY2006 salary adjustment.

$2,326,691 $2,326,691

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$5,141,940 $5,141,940

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$5,734,060 $5,734,060

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$293,837

$293,837

Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188).

$190,188

$190,188

Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). (CC:YES)

($3,190,979)

($4,898,960)

Redirect $7,500,000 in one-time funds for HVAC and roof

$0

$0

repair from Operating Expenses Colleges to Personal Services

Colleges in the Technical Education program to help correct

personal services error. (CC:YES)

Reduce formula funding to reflect a decline in enrollment and credit hours.

($250,000) ($250,000)

Provide funding for a pest control certification testing program at Technical Colleges.

$52,000

$52,000

Provide funds for Augusta Technical College satellite campus.

$135,000

$135,000

Reflect $3,500,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human

$0

$0

THURSDAY, MARCH 30, 2006

4477

Resources. Amount appropriated in this Act
Section 46: Transportation, Department of Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Other Funds Federal Highway Administration Highway Planning and Construction Federal Transit Administration Capital Investment Grants State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$302,538,461 $368,434,378
$1,850,000,106 $1,185,310,849
$63,652,948 $8,717,460
$82,010
$1,100,000,000
$12,858,431 $664,031,462 $646,759,400 $17,272,062
$657,795 $657,795

It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriation or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for onsystem resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) No State Funds or proceeds of General Obligation Debt shall be utilized for the acquisition, construction, development, extension, enlargement, rehabilitation or improvement of any commuter rail passenger facilities unless otherwise specifically appropriated thereby herein.

4478

JOURNAL OF THE SENATE

Administration

The purpose is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other modes of transportation such as mass transit and airports; provide airport and air safety planning; and provide air travel to state departments.

Total Funds

$69,679,662

Federal and Other Funds

$10,432,313

Agency Funds

$816,960

Other Funds

$82,010

Federal Highway Administration Highway Planning and Construction

$9,533,343

State Funds

$59,247,349

State Motor Fuel

$59,232,851

State General Funds

$14,498

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$41,568,294 $53,405,873

Annualize the cost of the FY2006 salary adjustment.

$437,533

$437,533

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$516,809

$516,809

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$3,658

$3,658

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$867,664

$867,664

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$771

$771

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

$32,400

$32,400

Replace prior-year motor fuel funds with current-year motor

$1,405,266

$0

fuel funds.

Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

($179,495)

($495,078)

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

$179,495

$495,078

THURSDAY, MARCH 30, 2006

4479

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Adjust the position count by subprogram to reflect the personal services projection.
Delete funding for the I-3 and I-14 Interstate Highway Association in the Administration program.
Amount appropriated in this Act

$55,000
$14,459,954
$0 ($100,000) $59,247,349

$55,000
$14,459,954
$0 ($100,000) $69,679,662

Air Transportation

The purpose is to provide air transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights.

Total Funds

$2,153,330

State Funds

$1,495,535

State General Funds

$1,495,535

Intra-State Government Transfers

$657,795

Other Intra-State Government Payments

$657,795

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,354,828

$2,012,623

Annualize the cost of the FY2006 salary adjustment.

$11,763

$11,763

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$11,046

$11,046

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$23,327

$23,327

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$2,571

$2,571

Provide for aircraft inspections required by the Federal Aviation Administration for 2 KingAirs in the Air Transportation program.

$92,000

$92,000

Amount appropriated in this Act

$1,495,535

$2,153,330

Airport Aid
The purpose is to support statewide economic development by providing the infrastructure for a safe, efficient, and adequate air transportation system and to award grants from the Airport Fund.

4480

JOURNAL OF THE SENATE

Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds

$12,621,247 $6,000,000 $6,000,000 $6,621,247 $6,621,247

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,459,409 $11,459,409

Annualize the cost of the FY2006 salary adjustment.

$2,803

$2,803

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$2,632

$2,632

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$5,559

$5,559

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$514

$514

Increase grant funding for the Airport Aid program to provide for needed maintenance and improvements at Georgia's public airports. (CC:YES;Provide for improvements to Macon airport ($100,000))

$1,213,950

$1,213,950

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

($63,620)

($63,620)

Amount appropriated in this Act

$6,621,247 $12,621,247

Data Collection, Compliance and Reporting

The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe that meet the needs of the state's business partners.

Total Funds

$12,427,260

Federal and Other Funds

$8,332,514

Federal Funds Not specifically Identified

$4,485,719

Agency Funds

$62,257

Federal Highway Administration Highway Planning and Construction

$3,784,538

State Funds

$4,094,746

State Motor Fuel

$3,252,278

State General Funds

$842,468

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4481

Amount from prior Appropriation Act (HB 85)
Annualize the cost of the FY2006 salary adjustment.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.
Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Replace prior-year motor fuel funds with current-year motor fuel funds.
Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Adjust the position count by subprogram to reflect the personal services projection.
Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by

State Funds $2,396,794
$49,402 $51,349
$5,932 $97,968
$1,929 $52,844 $47,047
$624,301
($47,047)
$389,294
$30,000
$0 $394,933

Total Funds $6,296,433
$49,402 $51,349 $5,932 $97,968 $1,929
$0 $161,013
$3,310,880
($161,013)
$389,294
$30,000
$0 $2,194,073

4482

JOURNAL OF THE SENATE

$59,271,758 in toll credits. Amount appropriated in this Act

$4,094,746 $12,427,260

Local Road Assistance

The purpose is to provide contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems.

Total Funds

$220,692,792

Federal and Other Funds

$70,253,903

Federal Funds Not specifically Identified

$2,229,632

Agency Funds

$595,233

Federal Highway Administration Highway Planning and Construction

$67,429,038

State Funds

$150,438,889

State Motor Fuel

$150,438,889

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$88,634,898 $159,648,261

Annualize the cost of the FY2006 salary adjustment.

$233,323

$233,323

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$278,075

$278,075

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$462,697

$462,697

Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

$130,024

$274,658

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

$50,300

$50,300

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

($31,777)

($31,777)

Replace prior-year motor fuel funds with current-year motor

$2,989,092

$0

fuel funds.

THURSDAY, MARCH 30, 2006

4483

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Adjust the position count by subprogram to reflect the personal services projection.
Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits.
Provide $117,000,000 for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. (CC:Provide $7,900,000 in additional funding to LARP.)
Provide signage for tourism for the Northeast Georgia Mountains. (CC:YES)
Amount appropriated in this Act

($130,024) $152,000 $1,893,583
$0 $489,432 $55,187,266
$100,000 $150,438,889

($274,658) $152,000 $1,893,583
$0 $2,719,064 $55,187,266
$100,000 $220,692,792

Ports and Waterways

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade.

Total Funds

$1,160,783

State Funds

$1,160,783

State General Funds

$1,160,783

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$1,119,230

$1,119,230

Annualize the cost of the FY2006 salary adjustment.

$1,743

$1,743

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$1,637

$1,637

4484

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Provide funds to the Ports and Waterways program for South Carolina's projected property tax increase for departmentowned land in Jasper County, South Carolina.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Amount appropriated in this Act

$3,457 $257
$109,000 ($55,006)
$1,160,783

$3,457 $257
$109,000 ($55,006)
$1,160,783

Rail

The purpose is to oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects within and without the state of Georgia.

Total Funds

$184,369

State Funds

$184,369

State General Funds

$184,369

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$657,658

$657,658

Annualize the cost of the FY2006 salary adjustment.

$2,621

$2,621

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$2,461

$2,461

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$5,198

$5,198

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$514

$514

Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions.

($25,120)

($25,120)

Reduce funding for the Georgia Rail Passenger Authority contract in the Rail program.

($32,200)

($32,200)

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research

($98,263)

($98,263)

THURSDAY, MARCH 30, 2006

4485

office.
Adjust the position count by subprogram to reflect the personal services projection.
Delete one-time funding for the Atlanta-to-Charlotte highspeed rail study in the Rail program.
Reduce Rail Program funding. (CC:YES)
Provide funds for the St.Mary's railroad. (CC:See Bonds.)
Provide funding for implementation plan for freight and passenger rail modernization along Interstate 85 freight corridor. (CC:YES)
Amount appropriated in this Act

$0
($203,500)
($200,000) $0
$75,000

$0
($203,500)
($200,000) $0
$75,000

$184,369

$184,369

State Highway System Construction and Improvement The purpose is to ensure a safe and efficient transportation system. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified Agency Funds Federal Highway Administration Highway Planning and Construction State Funds State Motor Fuel

$1,061,482,399 $875,809,270 $29,318,795 $165,000 $846,325,475 $185,673,129 $185,673,129

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$223,494,656 $1,080,389,619

Annualize the cost of the FY2006 salary adjustment.

$741,031

$741,031

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$883,161

$883,161

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$1,469,525

$1,469,525

Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

($47,047)

($161,013)

4486

JOURNAL OF THE SENATE

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Replace prior-year motor fuel funds with current-year motor fuel funds.
Restore contract funds that were used to fund the first 6 months of the FY 2006 pay raise.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Provide $117,000,000 for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Adjust the position count by subprogram to reflect the personal services projection.
Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits.
Amount appropriated in this Act

($1,901,580) ($10,005,157)

$10,404,488 $998,499 ($198,600)

$0 $998,499 ($198,600)

($5,818,993) ($5,818,993)

$91,500

$91,500

$6,566,533

$6,566,533

$47,047

$161,013

$0

$0

($51,057,091) ($13,634,719)

$185,673,129 $1,061,482,399

State Highway System Maintenance The purpose is to coordinate all statewide maintenance activities. Total Funds Federal and Other Funds
Federal Funds Not specifically Identified

$334,648,038 $156,154,622
$4,646,802

THURSDAY, MARCH 30, 2006

4487

Agency Funds Federal Highway Administration Highway Planning and Construction State Funds State Motor Fuel

$3,049,770 $148,458,050 $178,493,416 $178,493,416

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$177,960,168 $335,754,789

Annualize the cost of the FY2006 salary adjustment.

$948,594

$948,594

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$1,130,535

$1,130,535

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$1,881,140

$1,881,140

Replace prior-year motor fuel funds with current-year motor

$6,286,801

$0

fuel funds.

Restore contract funds that were used to fund the first 6 months of the FY 2006 pay raise.

$1,700,709

$1,700,709

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

($11,992,738)

($11,992,738)

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

($79,950)

($79,950)

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

($291,480)

($419,072)

Adjust the position count by subprogram to reflect the personal services projection.

$0

$0

Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits.

$1,048,037

$5,822,431

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

($98,400)

($98,400)

Amount appropriated in this Act

$178,493,416 $334,648,038

4488

JOURNAL OF THE SENATE

State Highway System Operations

The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

Total Funds

$62,366,766

Federal and Other Funds

$39,696,782

Federal Funds Not specifically Identified

$11,200,986

Agency Funds

$4,026,240

Federal Highway Administration Highway Planning and Construction

$24,469,556

State Funds

$22,669,984

State Motor Fuel

$22,669,984

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$17,240,493 $46,315,075

Annualize the cost of the FY2006 salary adjustment.

$233,641

$233,641

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$278,453

$278,453

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$463,330

$463,330

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

$1,600,536

$7,145,126

Replace prior-year motor fuel funds with current-year motor

$578,786

$0

fuel funds.

Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85.

$49,471

$220,420

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

$90,000

$90,000

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.

$1,067,347

$1,067,347

THURSDAY, MARCH 30, 2006

4489

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Adjust the position count by subprogram to reflect the personal services projection.
Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits.
Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Amount appropriated in this Act

($124,250) $0
$1,241,648 ($49,471)
$22,669,984

($124,250) $0
$6,898,044 ($220,420) $62,366,766

Transit

The purpose is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds

$25,584,607

Federal and Other Funds

$18,631,445

Federal Funds Not specifically Identified

$5,771,014

Agency Funds

$2,000

Federal Transit Administration Capital Investment Grants

$12,858,431

State Funds

$6,953,162

State General Funds

$6,953,162

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,129,480 $17,989,911

Annualize the cost of the FY2006 salary adjustment.

$3,189

$3,189

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$2,995

$2,995

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$6,323

$6,323

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$771

$771

Provide funding for the Transit program to cover a cost increase in the rail safety oversight contract.

$20,000

$20,000

4490

JOURNAL OF THE SENATE

Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office.
Increase federal funds from the Federal Transit Agency ($5,771,014) in the Transit program.
Increase funding for mass transit grants in the Transit program leveraging additional local and federal funds.
Adjust the position count by subprogram to reflect the personal services projection.
Amount appropriated in this Act

$218,442
$0 $2,000,000
$0 $6,953,162

$218,442
$5,771,014 $2,000,000
$0 $25,584,607

The following appropriations are for agencies attached for administrative purposes.

Payments to State Road and Tollway Authority

The purpose is to provide funds through the State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds.

Total Funds

$46,998,853

State Funds

$46,998,853

State Motor Fuel

$46,998,853

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$54,000,460 $54,000,460

Annualize the cost of the FY2006 salary adjustment.

$0

$0

Decrease payments to the State Road and Tollway Authority from $54,000,460 to $46,998,853 to reflect the current debt service payment schedule.

($7,001,607)

($7,001,607)

Amount appropriated in this Act

$46,998,853 $46,998,853

Section 47: Veterans Service, Department of

Total Funds

$34,134,044

Federal and Other Funds

$10,989,011

Federal Funds Not specifically Identified

$10,989,011

State Funds

$23,145,033

State General Funds

$23,145,033

Intra-State Government Transfers

$0

Administration

The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public information, personnel, accounting, purchasing, supply, mail, records management, and information technology.

THURSDAY, MARCH 30, 2006

4491

Total Funds Federal and Other Funds
Federal Funds Not specifically Identified State Funds
State General Funds

$745,993 $81,369 $81,369 $664,624 $664,624

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$676,034

$755,909

Annualize the cost of the FY2006 salary adjustment.

$4,493

$4,493

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$4,236

$4,236

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$9,360

$9,360

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$8,468

$9,962

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$912

$912

Realign funds from Administration to Field Operations to properly reflect planned expenditures in ROE Projects & Insurance. (G: Yes)

($38,879)

($38,879)

Amount appropriated in this Act

$664,624

$745,993

Georgia Veterans Memorial Cemetery

The purpose is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country.

Total Funds

$406,183

State Funds

$406,183

State General Funds

$406,183

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

State Funds $297,683 $1,498 $2,647

Total Funds $297,683 $1,498 $2,647

4492

JOURNAL OF THE SENATE

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.
Increase funds to reflect an adjustment in the Workers' Compensation premiums.
Increase personal services for start-up funding of 5 positions at the Georgia Veterans Memorial Cemetery in Glenville.
Amount appropriated in this Act

$5,535
$553 $98,267 $406,183

$5,535
$553 $98,267 $406,183

Georgia War Veterans Nursing Home - Augusta

The purpose is to provide skilled nursing care to aged and infirmed Georgia Veterans; and to also serve as a teaching facility for the Medical College of Georgia.

Total Funds

$8,040,289

Federal and Other Funds

$3,104,750

Federal Funds Not specifically Identified

$3,104,750

State Funds

$4,935,539

State General Funds

$4,935,539

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$4,437,230 $7,541,980

Annualize the cost of the FY2006 salary adjustment.

$48,206

$48,206

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$50,103

$50,103

Provide funding to the Augusta Nursing Home to aid in offsetting rising healthcare and pharmaceuticals costs.

$400,000

$400,000

(CC:YES)

Amount appropriated in this Act

$4,935,539 $8,040,289

Georgia War Veterans Nursing Home - Milledgeville

The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans.

Total Funds

$18,593,248

Federal and Other Funds

$7,225,135

Federal Funds Not specifically Identified

$7,225,135

State Funds

$11,368,113

State General Funds

$11,368,113

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 30, 2006

4493

Amount from prior Appropriation Act (HB 85)
Replace 5 hospital beds at the Georgia War Veterans home in Milledgeville.
Increase contracts to re-open the 2nd floor of the Vinson Building at the Georgia War Veterans Nursing Home in Milledgeville. (CC:YES)
Amount appropriated in this Act

State Funds $10,392,240
$8,825

Total Funds $17,617,375
$8,825

$967,048

$967,048

$11,368,113 $18,593,248

Veterans Benefits

The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$6,348,331

Federal and Other Funds

$577,757

Federal Funds Not specifically Identified

$577,757

State Funds

$5,770,574

State General Funds

$5,770,574

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$5,537,168 $6,111,559

Annualize the cost of the FY2006 salary adjustment.

$43,943

$43,943

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$46,064

$46,064

Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space.

$15,271

$15,271

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$91,830

$95,196

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$9,339

$9,339

Realign funds from Administration to Field Operations to properly reflect planned expenditures in ROE Projects & Insurance. (G: Yes)

$38,879

$38,879

Reduce real estate rentals for the Savannah field office in the Veteran Benefits program.

($11,920)

($11,920)

Amount appropriated in this Act

$5,770,574 $6,348,331

4494

JOURNAL OF THE SENATE

Section 48: Workers' Compensation, State Board of Total Funds Federal and Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$16,220,599 $120,000 $120,000
$16,100,599 $16,100,599
$0

Administer the Workers' Comp Laws

To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law.

Total Funds

$9,901,446

State Funds

$9,901,446

State General Funds

$9,901,446

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$9,366,793 $9,366,793

Annualize the cost of the FY2006 salary adjustment.

$81,141

$81,141

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$91,317

$91,317

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$171,647

$171,647

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$11,255

$11,255

Redirect funds from contracts ($60,000) and Payments to State Treasury ($317,619) to 5 vacant positions ($334,619), travel ($10,000), and purchase tracking software ($33,000).

$179,293

$179,293

Amount appropriated in this Act

$9,901,446 $9,901,446

Administration

To provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds

$6,319,153

Federal and Other Funds

$120,000

Agency Funds

$120,000

State Funds

$6,199,153

State General Funds

$6,199,153

THURSDAY, MARCH 30, 2006

4495

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 85)

$6,330,487 $6,570,487

Annualize the cost of the FY2006 salary adjustment.

$14,333

$14,333

Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007.

$11,198

$11,198

Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.

$21,048

$21,048

Increase funds to reflect an adjustment in the Workers' Compensation premiums.

$1,380

$1,380

Reflect other funds reduction in the Administrative program. (Other funds: $120,000)

$0

($120,000)

Redirect funds from contracts ($60,000) and Payments to State Treasury ($317,619) to 5 vacant positions ($334,619), travel ($10,000), and purchase tracking software ($33,000). Amount appropriated in this Act
Section 49: General Obligation Debt Sinking Fund Total Funds Federal and Other Funds State Funds
State Motor Fuel State General Funds Intra-State Government Transfers

($179,293) ($179,293)
$6,199,153 $6,319,153
$867,362,477 $0
$867,362,477 $155,000,000 $712,362,477
$0

GO Bonds Issued Total Funds State Funds
State Motor Fuel State General Funds

$719,349,981 $719,349,981 $155,000,000 $564,349,981

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$749,590,893 $749,590,893

Transfer debt service funds from Authorized Under Previous Appropriations Act to General Obligation Debt Sinking Fund (Issued).

$104,606,858 $104,606,858

4496

JOURNAL OF THE SENATE

Repeal the authorization of $900,000 in 20-year bonds for the Traditional Industries Program research equipment.
Decrease debt service for existing obligations on issued bonds.
Adjust debt service to reflect savings due to a refinancing of bonds.
Amount appropriated in this Act

($78,300)

($78,300)

($131,022,427) ($131,022,427)

($3,747,043) ($3,747,043)

$719,349,981 $719,349,981

GO Bonds New

Total Funds

$148,012,496

State Funds

$148,012,496

State General Funds

$148,012,496

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 85)

$80,817,429 $80,817,429

Total of Debt Service on Bonds Associated with this Program

$97,815,067 $97,815,067

Adjust debt service for Motor Fuel Tax Funds for transportation related bonds.

($30,620,000) ($30,620,000)

Amount appropriated in this Act

$148,012,496 $148,012,496

Bond Financing Appropriated:
[Bond #1] From the appropriation designated "State General Funds (New)", $9,224,731 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $107,980,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #2] From the appropriation designated "State General Funds (New)", $12,588,538 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $147,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #3] From the appropriation designated "State General Funds (New)", $10,297,305 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $120,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #4] From the appropriation designated "State General Funds (New)", $588,613 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $6,890,000 in principal amount of General Obligation Debt, the instruments of which

THURSDAY, MARCH 30, 2006

4497

shall have maturities not in excess of two hundred and forty months.
[Bond #5] From the appropriation designated "State General Funds (New)", $3,128,160 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $13,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #6] From the appropriation designated "State General Funds (New)", $5,760,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $45,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond #7] From the appropriation designated "State General Funds (New)", $286,140 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #8] From the appropriation designated "State General Funds (New)", $5,125,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #9] From the appropriation designated "State General Funds (New)", $3,203,625 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $37,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #10] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #11] From the appropriation designated "State General Funds (New)", $418,607 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,

4498

JOURNAL OF THE SENATE

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #12] From the appropriation designated "State General Funds (New)", $324,634 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #13] From the appropriation designated "State General Funds (New)", $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #14] From the appropriation designated "State General Funds (New)", $4,339,980 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #15] From the appropriation designated "State General Funds (New)", $3,246,340 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $38,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #16] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

THURSDAY, MARCH 30, 2006

4499

[Bond #17] From the appropriation designated "State General Funds (New)", $196,489 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #18] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #19] From the appropriation designated "State General Funds (New)", $397,250 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #20] From the appropriation designated "State General Funds (New)", $414,336 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #21] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #22] From the appropriation designated "State General Funds (New)", $119,602 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in

4500

JOURNAL OF THE SENATE

connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #23] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #24] From the appropriation designated "State General Funds (New)", $384,435 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #25] From the appropriation designated "State General Funds (New)", $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #26] From the appropriation designated "State General Funds (New)", $410,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #27] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #28] From the appropriation designated "State General Funds (New)", $341,720 is specifically appropriated for the purpose of financing projects and facilities for the Board of

THURSDAY, MARCH 30, 2006

4501

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #29] From the appropriation designated "State General Funds (New)", $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #30] From the appropriation designated "State General Funds (New)", $51,258 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #31] From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Live Oak Public Library for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #32] From the appropriation designated "State General Funds (New)", $115,758 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #33] From the appropriation designated "State General Funds (New)", $1,309,215 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

4502

JOURNAL OF THE SENATE

[Bond #34] From the appropriation designated "State General Funds (New)", $1,792,080 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #35] From the appropriation designated "State General Funds (New)", $961,515 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #36] From the appropriation designated "State General Funds (New)", $426,723 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #37] From the appropriation designated "State General Funds (New)", $954,253 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,170,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #38] From the appropriation designated "State General Funds (New)", $180,684 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #39] From the appropriation designated "State General Funds (New)", $138,397 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,620,000 in principal amount of General

THURSDAY, MARCH 30, 2006

4503

Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #40] From the appropriation designated "State General Funds (New)", $879,929 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #41] From the appropriation designated "State General Funds (New)", $598,010 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #42] From the appropriation designated "State General Funds (New)", $239,204 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #43] From the appropriation designated "State General Funds (New)", $644,997 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #44] From the appropriation designated "State General Funds (New)", $156,337 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #45] From the appropriation designated "State General Funds (New)", $78,596 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development,

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extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $920,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #46] From the appropriation designated "State General Funds (New)", $1,214,387 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #47] From the appropriation designated "State General Funds (New)", $281,919 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #48] From the appropriation designated "State General Funds (New)", $337,449 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #49] From the appropriation designated "State General Funds (New)", $38,444 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #50] From the appropriation designated "State General Funds (New)", $884,201 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond #51] From the appropriation designated "State General Funds (New)", $27,765 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bonds #52] From the appropriation designated "State General Funds (New)", 385,716 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #53] From the appropriation designated "State General Funds (New)", $405,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #54] From the appropriation designated "State General Funds (New)", $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #55] From the appropriation designated "State General Funds (New)", $456,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #56] From the appropriation designated "State General Funds (New)", $102,516 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #57] From the appropriation designated "State General Funds (New)", $640,725 is specifically appropriated for the purpose of financing projects and facilities for the Department

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of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #58] From the appropriation designated "State General Funds (New)", $91,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #59] From the appropriation designated "State General Funds (New)", $68,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty.
[Bond #60] From the appropriation designated "State General Funds (New)", $85,430 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
[Bond #61] From the appropriation designated "State General Funds (New)", $83,721 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $980,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #62] From the appropriation designated "State General Funds (New)", $256,717 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,005,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #63] From the appropriation designated "State General Funds (New)", $32,036 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

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equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #64] From the appropriation designated "State General Funds (New)", $474,991 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #65] From the appropriation designated "State General Funds (New)", $237,068 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #66] From the appropriation designated "State General Funds (New)", $216,565 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #67] From the appropriation designated "State General Funds (New)", $165,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #68] From the appropriation designated "State General Funds (New)", $281,065 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #69] From the appropriation designated "State General Funds (New)", $220,409 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension,

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enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #70] From the appropriation designated "State General Funds (New)", $30,780 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $135,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #71] From the appropriation designated "State General Funds (New)", $146,512 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,715,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #72] From the appropriation designated "State General Funds (New)", $1,201,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #73] From the appropriation designated "State General Funds (New)", $1,250,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #74] From the appropriation designated "State General Funds (New)", $683,440 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred twenty months.
[Bond #75] From the appropriation designated "State General Funds (New)", $939,730 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

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equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
[Bond #76] From the appropriation designated "State General Funds (New)", $342,000 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
[Bond #77] From the appropriation designated "State General Funds (New)", $51,258 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #78] From the appropriation designated "State General Funds (New)", $228,000 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #79] From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #80] From the appropriation designated "State General Funds (New)", $228,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #81] From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation

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Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #82] From the appropriation designated "State General Funds (New)", $598,010 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #83] From the appropriation designated "State General Funds (New)", $29,901 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #84] From the appropriation designated "State General Funds (New)", $375,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond #85] From the appropriation designated "State General Funds (New)", $3,673,490 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $43,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #86] From the appropriation designated "State General Funds (New)", $768,870 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #87] From the appropriation designated "State General Funds (New)", $299,005 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #88] From the appropriation designated "State General Funds (New)", $691,983 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #89] From the appropriation designated "State General Funds (New)", $243,960 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #90] From the appropriation designated "State General Funds (New)", $319,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #91] From the appropriation designated "State General Funds (New)", $684,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #92] From the appropriation designated "State General Funds (New)", $1,358,337 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #93] From the appropriation designated "State General Funds (New)", $273,376 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not

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more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #94] From the appropriation designated "State General Funds (New)", $805,178 is specifically appropriated for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #95] From the appropriation designated "State General Funds (New)", $592,800 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond #96] From the appropriation designated "State General Funds (New)", $478,408 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #97] From the appropriation designated "State General Funds (New)", $68,344 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond #98] From the appropriation designated "State General Funds (New)", $64,073 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Authorized Under Previous Appropriations Act

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB 85)
Transfer funds from Authorized Under Previous Appropriations Act to General Obligation Debt Sinking Fund (Issued).
Amount appropriated in this Act

State Funds $104,606,858 ($104,606,858)

Total Funds $104,606,858 ($104,606,858)

$0

$0

Section 50: Federal Funds
To the extent to which Federal Funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

Section 51: Refunds
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

Section 52: Supplanting Federal Funds
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.

Section 53: Leases
In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

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Section 54: Flex The provisions in this paragraph may be known collectively as "flex". When an agency receives appropriations of a particular fund source for more than one program, object or class, the appropriation of the particular fund source for each program, object or class of the agency is the amount stated, and the program, object or class shall also be authorized the lesser of an additional $250,000 or two percent (2%) of the stated amount. However, if the additional authority is used, the appropriation of state funds for one or more of the other appropriations to that agency is reduced in the same amount, such that the stated total in appropriations from that fund source within the Section is not exceeded.
Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. This paragraph does not: (1) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes; (2) apply to appropriations for local assistance grants in which recipient, purpose and amount are specified under O.C.G.A. 50-8-8(a) or O.C.G.A. 28-5121(1)
Section 55: Salary Adjustments The appropriations to agencies made above include funds for, and have the added purpose of, the following salary increases, administered in conformity with the applicable compensation and performance management plans:
1.) A general salary increase, not to exceed four percent, for employees of the Executive Branch, calculated as follows:
(a) For employees having salaries equal to or greater than the midpoint of their assigned pay grade, as shown on the 10/01/2002 Statewide Salary Plan approved by the State Personnel Board, a general salary increase of 2%;
(b) For employees having salaries less than the midpoint of their assigned pay grade, as shown on the 10/01/2002 Statewide Salary Plan approved by the State Personnel Board, a general salary increase of 2% plus the percent obtained as follows:
i.) Divide the difference between the midpoint and current salary by the difference between the midpoint and minimum salary, and then
ii.) Multiply 2% by the fraction obtained in "i)" above;
(c) For employees of the Executive Branch who are not paid under the Statewide Salary Plan, a general salary increase of 2% or 2% plus an additional percent up to 2% determined from calculations equivalent to those in 1(b) above, according to position under the applicable salary plan.
(d) The amount for this Item is calculated according to an effective date of January 1, 2007.

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2.) For personnel of the following agencies, in the indicated job titles, a general salary increase not to exceed 7%, calculated according to the method of Item 1 above except that the general increase will be 5% or 5% plus the stated fraction of 2%:
(a) Department of Pardons and Paroles, in job titles: Parole Officer (Job Code:17527) and Parole Investigator (Job Code:17529).
(b) Department of Corrections, in job titles: Correctional Officer (Job Code:17242), Probation Officer 1 and 2 (Job Code:17502), Fugitive Agent (GDC) (Job Code:07403), Canine Handler (Job Code:17101), Sergeant OID (Job Code:17233), Sergeant GDC (Job Code:17234), Transfer Officer (Job Code:17264), Investigator GDC (Job Code:17478), Probation Surveillance Officer (Job Code:17501) Probation Officer, Center (Job Code:17507), Probation Officer 3 (Job Code:17503) and Correctional Officer, Farm Services (Job Code:17259).
(c) Department of Public Safety, in job titles: Trooper First Class (Job Code: 17708), Trooper (Job Code: 17706), Cadet (DPS) (Job Code: 17707), Trooper Cadet/Trooper School (Job Code: 17710), MCCD Officer Cadet (Job Code: 17805) MCCD Corporal (Job Code: 17804), and MCCD Sergeant (Job Code: 17803).
(d) Department of Juvenile Justice, in job titles: Juvenile Correctional Officer 1 (Job Code:17251), Juvenile Correctional Officer 2 (Job Code:17246), Transfer Officer (Job Code:17264), Juvenile Probation/Parole Specialist 1 (Job Code:17419) and Juvenile Probation/Parole Specialist 2 (Job Code: 17423). (e) Georgia Bureau of Investigation, in job titles: Special Agent 1 (Job Code:17456), Special Agent 2 (Job Code:17457), Special Agent 3 (Job Code:17453), ASAC/Multi-Jurisdic Task Force (Job Code:17433) and Narcotic Agent (Job Code:17497).
(f) Department of Natural Resources, in job titles: Conservation Ranger First Class (Job Code: 17907) and

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Conservation Ranger (Job Code: 17911)
(g) The amount for this Item is calculated according to an effective date of January 1, 2007.
3.) In lieu of other numbered items, to provide:
(a) for the cost-of-living adjustment authorized by O.C.G.A. 45-7-4(b) for each state officer whose salary is set by Code Sections 45-7-4(a), in a percentage equal to the "average percentage of the general increase in salary authorized to employees of the executive, judicial, and legislative branches of government," as determined by the Office of Planning and Budget, with members of the General Assembly subject to the further provisions of O.C.G.A. 45-7-4(b) as to amount and effective date;
(b) To provide for discretionary increases of up to 4% for other department heads and officers whose salary is not set by statute;
(c) Subject to the provisions of O.C.G.A. 45-7-4(b), the amount for this Item is calculated according to an effective date of January 1, 2007.
4.) In lieu of other numbered items,
(a) to provide for a 4% increase across the State Salary Schedule of the State Board of Education through a 4% increase in the state base salary. This proposed 4% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule for the State Board of Education. This Item includes as well and without limitation teachers and administrators in state agencies whose salaries, by the authority of addenda to the Statewide Salary Plan, are determined from the State Salary Schedule of the State Board of Education. The amount for this paragraph is calculated according to an effective date of September 1, 2006;
(b) To provide for a 4% increase in funding for salaries for lunchroom workers and for a 4% increase in the state base salary for local school bus drivers The amount for this paragraph is calculated according to an effective date of July 1, 2006.
5.) In lieu of other numbered items, to provide a 4% funding level for increases for teachers and other academic personnel within the Department of Early Care and Learning. The amount for this Item is calculated according to an effective date of August 1, 2006. 6.) In lieu of other numbered items, to provide a 4% funding level for merit increases for Regents faculty and non-academic personnel. The amount for this Item is calculated according to an effective date of January 1, 2007.
7.) In lieu of other numbered items, to provide a 4% salary increase for public librarians. The amount for this Item is calculated according to an effective date of January 1, 2007.
8.) In lieu of other numbered items, to provide for a 4% salary increase for teachers and support personnel within the Department of Technical and Adult Education. The amount for this Item is

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calculated according to an effective date of January 1, 2007.
9. In lieu of other numbered items, to provide for increases not to exceed 4% for employees of the Legislative and Judicial Branches.

Section 56: General Obligation Bonds Repealed, Revised or Reinstated The following paragraph of Section 63 of the Amended General Appropriations Act for state fiscal year 2004-2005 is hereby repealed in its entirety:
From the appropriation designated "State General Funds (New)", $78,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instrument of which shall have maturities not in excess of sixty months.

Section 57: Budgetary Control and Interpretation
The appropriations in this Act consist of the amount stated, for each line at the lowest level of detail for State Funds, Federal Funds, and as provided by law for other funds, in each case as associated with the statement of Program Name and Program Purpose. Program Names appear as underlined captions, and Program Purpose appears immediately below as italicized text. Text within a box is not an appropriation and is for information only. The lowest level of detail for local assistance grants in Section 16 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs.

Section 58: Effective Date
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 59: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed.

Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 1027.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch
Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith E Starr Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1027.

The following communication was received by the Secretary:

Senator John Douglas District 17 302-A Coverdell Legislative Office Building Atlanta, GA 30334

Committees: Veterans and Military Affairs Banking and Financial Institutions Education and Youth Science and Technology Transportation

The State Senate Atlanta, Georgia 30334

For the record, I voted Yes on the budget, HB 1027.

/s/ John Douglas

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

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SB 572.

By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others:

A BILL to be entitled an Act 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 establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Cooper of the 41st, Graves of the 137th, Sheldon of the 105th.

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th:

A BILL to be entitled an Act 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 require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Brown of the 69th, Sheldon of the 105th, Stephenson of the 92nd.

The following bill was taken up to consider House action thereto:

SB 195. By Senators Schaefer of the 50th, Rogers of the 21st, Carter of the 13th, Chance of the 16th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for other related matters; to repeal conflicting laws; and for other purposes

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The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to recognize the national "Year of the Museum" as 2006; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for exemptions; to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to include cross-references; 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 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by inserting a new Code section to the end of such chapter, to read as follows:
1-4-16. (a) The General Assembly finds that:
(1) Museums nourish minds and spirits by fostering contemplation, exploration, critical thinking, and dialogue to advance knowledge, understanding, and appreciation of history, science, the arts, and the natural world; (2) Museums present exhibitions and programs created through research and scholarship for people to explore new ideas, exchange stories, and discover collections and objects from our cultural and natural heritage; (3) Museums strengthen and enrich the lives of people by inspiring lifelong learning, serving as repositories and stewards for our unique histories, culture, achievements, and values, and contributing to the livability and economic vitality of our towns and cities; (4) Museums forge relationships with community partners such as schools, libraries, public broadcasting, and neighborhood and social service organizations to foster civic participation and cultural understanding; (5) Museums have been serving the American public since 1773, encouraging curiosity and providing a source of enjoyment and education for every generation; and (6) The American Association of Museums has declared 2006 as the 'Year of the Museum' nationwide. (b) In recognition of the findings included in subsection (a) of this Code section and at the invitation of the American Association of Museums, 2006 is hereby recognized as

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the 'Year of the Museum.' (c) This Code section shall stand repealed on December 31, 2006.
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 immediately following Article 17A, relating to consignment of art, a new Article 17B to read as follows:
ARTICLE 17B 10-1-529.1. This article shall be known and may be cited as the 'Georgia Museum Property Act.'
10-1-529.2. As used in this article, the term:
(1) 'Archives repository'